Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Legislative developments. The Committee notes the adoption of the new Labour Act (Law No. 23/2007) on 1 August 2007, which maintains, the equality provisions of the previous Act. A new provision has been added in section 4 providing that the Act shall be interpreted and applied in accordance with the principle of non-discrimination on the grounds of “sexual orientation, race and HIV/AIDS”. The Committee also notes that under section 54(2), measures targeting certain disadvantaged groups on the basis of their “sex, reduced capacity to work, disability or chronic illness” for the purpose of guaranteeing to them the exercise of the rights established in the Act on an equal footing with the rest of the population will not be considered discriminatory. The Committee further notes that there is no express prohibition of both direct and indirect forms of discrimination in all aspects of employment and occupation. In this regard, the Committee notes the concerns expressed by the Committee on the Elimination of Racial Discrimination about racist and xenophobic acts and attitudes occurring in the country, in particular in the field of employment, and about the absence of measures to prevent and combat such phenomena (CERD/C/MOZ/CO/12, 17 August 2007, paragraph 22). The Committee requests the Government to provide information on the practical application of the relevant provisions of the Labour Act, 2007 and on any measures taken or envisaged to combat discrimination in employment and occupation, in particular on the grounds of race and ethnic origin.

Article 1 of the Convention. Sexual harassment. The Committee notes the concerns expressed by the Committee on the Elimination of Discrimination against Women regarding the high prevalence of sexual violence against women which appears to be socially legitimized and accompanied by a culture of silence and impunity (CEDAW/C/MOZ/CO/2, 11 June 2007, paragraph 24). The Committee notes that section 66 of the Labour Act, 2007, replicates section 21 of the former Labour Act equating sexual harassment to a disciplinary offence and providing that when sexual harassment is committed by the employer or the employer’s agent, the victim shall be entitled to compensation in an amount of twenty times the minimum wage, without prejudice to any judicial cause of action under applicable law. The Committee also notes the Government’s indication that a new General Statute for Civil Servants which will address the issue of sexual harassment is awaiting promulgation. The Committee requests the Government to provide information on the practical application of section 66 of the Labour Act, 2007, including the number of disciplinary sanctions imposed and compensation awarded, and to provide a copy of the new General Statute for Civil Servants, once promulgated. It also asks the Government to provide information on the measures taken or envisaged to prevent and combat sexual harassment at the workplace, including information on awareness-raising campaigns and any measures aimed at providing assistance to the victims in accessing legal remedies.

HIV/AIDS. The Committee notes from the Government’s report that a handbook on HIV/AIDS at the workplace and compliance with Act No. 5/2002 prohibiting discrimination on the ground of HIV/AIDS was drawn up to assist labour inspectors in fulfilling their monitoring tasks. The Committee also notes that a number of awareness-raising and training initiatives were carried out in 2007, including a pilot programme intended to develop HIV/AIDS prevention activities at the workplace. The Committee welcomes these initiatives and requests the Government to provide information on their impact on combating and preventing discrimination on the basis of HIV/AIDS status in employment and occupation. The Committee also requests the Government to provide information on the application of the Act No. 5/2002, including the findings of labour inspectors’ monitoring activities. Recalling that consultations were underway to assess the need for a revision of this Act, the Committee further requests information on the outcome of the consultations and the follow-up of the outcome.

Article 2. Promoting equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s indication that the current labour sector policy accords priority to training and labour integration of, among others, women, persons with disabilities, returnees, displaced persons and groups for which participation in the labour market is difficult. The Committee also notes that the Strategic Plan for the Education Sector is designed to widen access to education and vocational training and that the same goal is also pursued under the Employment and Vocational Training Strategy (EEFP). The Committee requests the Government to provide information on the implementation of the labour sector policy, the Strategic Plan for the Education Sector and the Employment and Vocational Training Strategy and the impact of these instruments on promoting equality of opportunity and treatment in respect of access to education, vocational training and employment and occupation of the target groups under the labour sector policy.

Equality of opportunity and treatment between men and women. The Committee notes the adoption of the Gender Policy and Implementation Strategy on 14 March 2006. It notes that the Strategy sets out a number of actions to be taken into account in the elaboration of strategic plans in the different public and private institutions of the country which include ensuring equal access between men and women to education and training, promoting women’s access to occupation thorough improving and strengthening their access to credit and physical resources, such as lands, promoting the sharing of family responsibilities between men and women and combating gender stereotypes. The Strategy also encompasses specific actions in the legal field with a view to ensuring the observance of women’s labour rights and disseminating and implementing legal instruments on gender, including ratified Conventions. The Committee further notes that a draft Gender Strategy for the Public service is currently being examined by the different public institutions. The Committee requests the Government to provide detailed information on the implementation of the Gender Policy and Implementation Strategy and its impact on eliminating discriminatory practices and promoting equality of opportunity and treatment in employment and occupation, including information on sensitization and awareness-raising activities in collaboration with the social partners. Please also provide a copy of the Gender Strategy for the Public Service, once finalized.

Article 5. Special measures. Persons with disabilities. The Committee notes that under section 28(1) of the Labour Act 23/2007 employers shall promote the adoption of appropriate measures to enable persons with disabilities to enjoy the same rights as other workers with respect to access to employment, vocational training and promotion. The Committee also notes that under section 28(3) special measures may be established by law or collective labour regulation instruments. The Committee requests the Government to provide information on the application of section 28 of the Labour Act and on any other measures taken or envisaged to promote the application of the principle of the Convention in respect of persons with disabilities.

Enforcement. The Committee notes the information in the Government’s report regarding violations of the provisions of the Labour Act 23/2007 concerning maternity protection, particularly protection against dismissal, detected by the labour inspection services. It also notes that no judicial decisions were handed down concerning the application of the Convention and that the Government will send such information as soon as it becomes available. The Committee requests the Government to continue to provide information on any relevant administrative and judicial decisions as well as on the activities of the labour inspectorate concerning cases of discrimination, including any sanctions imposed or remedies provided. It also requests the Government to indicate any measures taken or envisaged to promote awareness and understanding of the issues covered by the Convention, including by means of training, among the judiciary, the labour inspectors and other relevant officials.