Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the adoption of the implementing decree under Act No. 6/2008 of 9 July 2008, establishing the legal framework applicable to action to prevent and combat trafficking in persons, as the Decree was intended to establish the measures for awareness raising, training, protection and reintegration of victims envisaged in the Act. The Committee notes with regret that the Government has not provided any information on the measures adopted to combat trafficking in persons. However, the Committee notes, from the information available on the website of the Prosecutor-General of the Republic, and particularly the annual report for 2014 submitted to the Assembly of the Republic, that certain measures have been taken to raise awareness of trafficking in persons and for the training of state employees, and particularly investigating magistrates and the criminal police. In terms of prosecutions, 22 cases have been initiated, resulting in ten rulings resulting in the conviction of ten defendants to sentences ranging from four to 24 years of imprisonment and the payment of compensation to the victims. The Committee also notes that a study on trafficking in persons has been ordered by the Prosecutor-General. The study “Trafficking in persons in Mozambique, and particularly children”, published in November 2014, analyses the characteristics of the problem, as well as its causes, and makes a series of recommendations, including the adoption of a plan of action, the strengthening of the supervisory capacities of the border services, the improvement of the investigation capacity, the reinforcement of assistance to victims and the compilation of data on trafficking. The Committee trusts that the Government’s next report will contain detailed information on all of the measures taken to reinforce action to combat trafficking in persons. In this respect, the Committee requests the Government to take the necessary measures for the adoption of a national plan to combat trafficking in persons, containing precise and coordinated measures with a view to: (i) preventing trafficking in persons and raising awareness of the issue; (ii) reinforcing the capacities and training of the authorities responsible for the identification of situations of trafficking, carrying out investigations and initiating prosecutions; and (iii) punishing those responsible. Please also describe the measures taken for the protection and reintegration of victims, in accordance with sections 20, 21 and 24 of the Act of 2008. Finally, the Committee would be grateful if the Government would provide statistical data on the prosecutions initiated and on the convictions and penalties imposed under the Act No. 6/2008 and section 198 of the Penal Code, which criminalizes trafficking in persons.

Article 2(2)(a). Work exacted in virtue of compulsory military service laws. The Committee noted previously that, under the terms of article 267 of the Constitution, participation in the defence of national independence is a sacred duty and an honour for all citizens. In addition to military service performed in armed forces defence units, the Act also envisages civic service to replace or supplement military service for all citizens between the ages of 18 and 35 years who are not subject to military duties. Civic service consists of the performance of activities of an administrative, cultural, economic or assistance nature, in public or private entities. It is the responsibility of the Council of Ministers to determine the numbers of those annually who have to perform civic service (Act No. 16/2009 of 10 September 2009 defining the basic principles and rules of civic service and its implementing regulation (Decree No. 8/2010)).

The Committee observes that, in accordance with the legislation and the information provided by the Government, one of the objectives of civic service is to prepare citizens with a view to national reconstruction, thereby contributing to the socio-economic development and defence of the country. The activities carried out relate to environmental protection, assistance in hospitals, literacy, the construction and maintenance of roadways, assistance to the population in the event of disasters, etc. The Committee recalls that, to be excluded from the scope of application of the Convention and therefore not to constitute forced labour, any work exacted in virtue of compulsory military service laws must be of a purely military character. That is not the case of work performed by persons within the framework of civic service which replaces or supplements military service. Under these conditions, the Committee requests the Government to provide information on the manner in which the category is defined of “persons who are not subject to military obligations” and are therefore subject to the obligation to perform civic service. Please also indicate the number of persons annually who are required to perform civic service, as determined by the Council of Ministers, and indicate the manner in which such persons are selected. Finally, the Committee requests the Government to indicate whether such persons may refuse to perform civic service and the consequences of any such refusal.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Work performed for the benefit of private entities. In its previous comments, the Committee requested the Government to provide information on the manner in which prison labour is organized, both within and outside the prison, and in particular to specify the conditions of work of prisoners performing work for the benefit of private entities. The Committee notes the Government’s indication that, in general terms, work by prisoners is performed in workshops and industrial or agricultural concerns belonging to prisons, and that such work is remunerated. The Government indicates that the law allows the authorization of work by prisoners outside prisons. The Committee notes that, in accordance with section 71 of the Penal Code (Act No. 35/2014 of 31 December 2014), the sentencing magistrate may authorize convicts who have completed one third of their sentence and have a record of good behaviour to work for public or private entities within the framework of a contract concluded between such entities and the prison management. The Committee requests the Government to indicate whether such authorizations have already been granted and, if so, to specify the manner in which the prisoner gives consent when the work is performed for private entities, and the rate of remuneration.

2. Community work. The Committee notes that the Penal Code provides for a series of alternative penalties to imprisonment, including the performance of community work. This penalty is imposed on first-time offenders liable to a sentence of imprisonment of between two and eight years. Community work consists of undertaking an activity, service or task without pay for the community in public or private entities pursuing public or community interest aims. The types of work covered by the concept of community work include services provided in hospitals, orphanages and schools, the construction, conservation or maintenance of public thoroughfares and infrastructure, activities related to the conservation and protection of the environment and intellectual activities (sections 90–95). The Committee emphasizes that, where the performance of community work may be for the benefit of private law associations, such as charitable associations or institutions, the convict should be able to give formal consent to the performance of the work, and the conditions for its performance should be adequately managed and supervised to ensure that the work undertaken is effectively work of general interest and that the entities for which it is carried out are non-profit-making. The Committee therefore requests the Government to indicate whether the penalty of community work may be imposed without the consent of the convict. Please provide detailed information on the manner in which the sentence of community work is applied, with an indication of the nature of the supervision carried out by the sentencing judge, the list of private entities authorized to receive persons convicted to this penalty, and examples of the work performed.