Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Mozambique (Ratification: 2003)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that section 63(1)(b) of the Child Protection Act requires the Government to adopt legislative or administrative measures to protect children against all forms of sexual exploitation, including prostitution. Section 63(2)(b) of the Child Protection Act states that the legislative measures adopted need to provide for rigorous sanctions. The Committee requested the Government to indicate the legislative or administrative measures that had been adopted pursuant to section 63 of the Child Protection Act.

The Committee notes with concern the absence of information on this point in the Government’s report. However, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 4 November 2009, expressed deep concern that child prostitution is increasing in Mozambique, especially in the Maputo, Beira and Nacala regions, as well as in some rural areas (CRC/C/MOZ/CO/2, paragraph 84). The Committee urges the Government to take the necessary measures to ensure the adoption of legislation, pursuant to section 63(1)(b) of the Child Protection Act, prohibiting the use, procuring or offering of a child under the age of 18 for the purpose of prostitution in the very near future. It requests the Government to provide a copy of the relevant provisions, once adopted.

Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that, although national legislation provided for the protection of children from being exposed to pornography, it did not prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. It also noted that section 63(1)(c) of the Child Protection Act states that the State must take legislative measures to protect children from all forms of sexual exploitation, including the exploitation of children in pornography or pornographic performances. Noting an absence of information on this point in the Government’s report, the Committee requests the Government to take the necessary measures to ensure the adoption of legislation prohibiting the use, procuring or offering of children under the age of 18 for the production of pornography or pornographic performances, pursuant to section 63 of the Child Protection Act.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the adoption of the Law on Drugs No. 3/97, and noted that this legislation contained provisions relating to the use of minors for the production, transport, distribution and consumption of drugs. Considering that the Committee has been requesting a copy of the Law on Drugs No. 3/97, since 2005, the Committee urges the Government to provide a copy of this legislation, along with its next report.

Clause (d). Hazardous work. Children in domestic service. The Committee previously noted that section 3 of Act No. 23/2007 of 27 August 2007 (Labour Law), provides for special regimes governing employment relationships in domestic work. The Committee also noted the Government’s indication that regulations to implement the new Labour Law were under preparation, including regulations on domestic work. It further noted the Government’s statement in its 23 March 2009 report to the CRC that domestic work is one of the most common types of child labour in Mozambique, and that children are frequently forced to work in this sector (CRC/C/MOZ/2, paragraphs 356 and 358).

The Committee notes that the Regulations on Domestic Work (No. 40) were adopted on 26 November 2008, section 4(2) of which prohibits employers from employing a person under 15 years of age in domestic work. However, the Committee observes that these regulations do not address the issue of hazardous domestic work of children. In this regard, the Committee recalls that children, and particularly young girls, engaged in domestic service are often victims of exploitation, and that it is difficult to supervise their conditions of employment due to the clandestine nature of such work. The Committee, therefore, requests the Government to provide information on any measures taken or envisaged to ensure that children under the age of 18 engaged in domestic work do not engage in hazardous work.

Article 4(1). Determination of hazardous types of work. The Committee previously noted that, pursuant to section 23(2) of the Labour Law, employers shall not engage persons under 18 years of age in hazardous work, as defined by the competent authorities after consultation with the organizations of employers and workers. The Committee noted the information provided by the Government that, in the context of the legislative reform, work was being carried out on the formulation of specific legislation on this subject.

The Committee notes with concern the statement in the Government’s report that no measures have been adopted to determine the types of dangerous work prohibited to persons under the age of 18. In this regard, the Committee once again reminds the Government that, by virtue of Article 4(1) of the Convention, the types of hazardous work prohibited to persons under the age of 18 shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee urges the Government to take the necessary measures to ensure that regulations are adopted pursuant to section 23(2) of the Labour Law to determine the hazardous types of work prohibited for children under 18 years of age in the near future. It also requests the Government to provide a copy of this legislation once adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that the Government had taken measures to improve the education system, particularly with regard to school attendance rates. It noted the information in the Government’s reply to the list of issues of the CRC of 29 September 2009 that the gross rate of completion of primary education continued to rise, from 75 per cent in 2006 to 78 per cent in 2008 (CRC/C/MOZ/Q/2/Add.1, paragraph 55). However, the Committee noted that, in its concluding observations of 4 November 2009, the CRC expressed concern that one in five children remain deprived of education and that significant disparities in accessing education persist between provinces, particularly affecting the provinces of Niassa, Nampula and Zambezia (CRC/C/MOZ/CO/2, paragraph 71). The CRC also expressed concern at the high prevalence of sexual abuse and harassment in schools which reportedly result in the refusal by some girls to go to school (CRC/C/MOZ/CO/2, paragraph 73).

The Committee notes the information in the Government’s report that, through the National Action Plan for Children (NAPC), a school attendance rate of 81 per cent was achieved, and a transition rate between (primary level 1 and primary level 2) of 77.1 per cent was reached. The Committee also notes the Government’s statement in its report submitted under the Minimum Age Convention, 1973 (No. 138), that, with regard to girls entering and staying in education, the Government has undertaken various initiatives with educational authorities, including prioritizing access to grants for vocational courses, the appointment of female managers at various levels, and raising awareness among teachers and communities on the sexual abuse of girls. The Committee further notes the information in the 2011 UNESCO Education for All Global Monitoring Report that, since 1999, the net enrolment rate in the first year of primary education rose from 18 per cent to 59 per cent, and that over this same period, the percentage of girls composing the primary school population rose from 43 per cent to 47 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to improve the functioning of the educational system, particularly by increasing school enrolment rates and reducing school drop-out rates, with special attention to the situation of girls. It also urges the Government to address the regional disparities of access to education, to facilitate access to free and basic education to all children in Mozambique.

Clause (d). Reaching out to children at special risk. Orphans and other vulnerable children (OVCs). The Committee previously noted that the Government had formulated a National Action Plan for Children, Vulnerable Children and Orphans (POA OVC), which aimed to provide six basic services to OVCs: health, education, nutritional/food support, legal and psychological and financial support. However, the Committee noted the statement in the Government’s progress report for the UN General Assembly Special Session on HIV/AIDS of January 2008, that the number of children who had lost their parents to HIV/AIDS was estimated to reach 630,000 by 2010. The Government further stated in this report that HIV/AIDS orphans had very limited means of generating income, and thus often had to resort to risky coping strategies, such as transactional sex or hazardous child labour. In this regard, the Committee noted that the CRC, in its concluding observations of 4 November 2009, expressed concern that services for orphans and vulnerable children, including child heads of households, remained inadequate (CRC/C/MOZ/CO/2, paragraph 67). The CRC also expressed serious concern at the situation of orphaned children being economically exploited by foster families (CRC/C/MOZ/CO/2, paragraph 79).

The Committee notes the information in the Government’s report that, between 2005 and 2009, actions were implemented through the NAPC to locate, document and reunite the families of orphaned, lost or abandoned children. The Government indicates that a total of 31,198 children were found and documented and that 6,690 of these children were integrated into their families. The Committee also notes the Government’s statement in its report to the UN Human Rights Council for the Universal Periodic Review of 11 November 2010, that the impact of HIV/AIDS is a contributing factor to the continuation of child labour in the country (A/HRC/WG.6/10/MOZ/1, paragraph 97). The Committee further notes the information in the Government’s country progress report to the UN General Assembly Special Session on the Declaration of Commitment to HIV/AIDS of 2010, that in 2009 there were approximately 1.3 million OVCs in the country. The Government indicates in this report that 357,905 of these children (27 per cent) were provided with at least three basic services through a combination of initiatives from the Government and civil society organizations. The Committee expresses its concern at the increasing number of children orphaned in Mozambique as a result of HIV/AIDS. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to ensure that such children are protected from these worst forms of child labour. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved, particularly with regard to increasing the number of OVCs with access to external support.

2. Street children and begging. The Committee previously noted the Government’s indication that many children live or work in the streets in Mozambique and that the exploitation of child beggars is increasingly frequent in several provincial capitals. However, the Committee noted the Government’s statement in its report to the CRC of 23 March 2009 that, to address the increasing problem of begging, it had taken measures to reduce poverty, to increase social protection and to improve housing policies (CRC/C/MOZ/2, paragraphs 278 and 279). However, the Committee noted that the CRC, in its concluding observations of 4 November 2009, expressed concern that insufficient measures had been taken to address the situation of children living in the streets (CRC/C/MOZ/CO/2, paragraph 82).

The Committee notes an absence of information on this point in the Government’s report. Recalling that children who live or work in these streets are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect children living in the streets from these worst forms, and to provide for their rehabilitation and social integration. It requests the Government to provide information on measures taken in this regard, particularly the number of street children reached through these initiatives.

The Committee encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.