Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mozambique (Ratification: 1996)

The Committee notes the observations of the Business Associations Confederation of Mozambique (CTA), attached to the Government’s report, indicating that the content of the Convention is fully taken into account in the laws and regulations in force. The Committee also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2014.

In its previous comments, the Committee noted the 2010 observations made by the International Trade Union Confederation (ITUC) concerning the application of the Convention. The Committee once again requests the Government to provide its comments in this respect. With regard to the ITUC’s observations of 2008 relating to serious acts of violence against striking workers in the sugarcane plantation sector, the Committee requests the Government to provide information on investigations carried out in relation to these matters and, in cases in which the alleged violations are found to be true, to take the appropriate measures to remedy them.

Adoption of the Act on the right to organize in the public service. Further to its previous comments concerning the lack of recognition of the right to organize of public servants, the Committee notes with satisfaction the adoption of the Act on the right to organize in the public service, of 27 August 2014, which recognizes the freedom of association of public servants and establishes the legal framework for its exercise. The Committee is addressing this subject with a series of questions for the Government in a direct request.

Article 2 of the Convention. Registration of workers’ and employers’ organizations. In its previous comments, the Committee requested the Government to take the necessary measures to revise section 150 of the Labour Act, which allows the central authority of the labour administration a period of 45 days to register a trade union or an employers’ organization. While noting that the Government had indicated in a previous report that this period is justified by the fact that the country does not have a modern computerized communications system, the Committee recalls that the excessive duration of the registration procedure represents a serious obstacle to the establishment of organizations, and that this time requirement should be shortened to a reasonable length, for example, not exceeding 30 days. The Committee therefore requests the Government to initiate consultations with the social partners with a view to amending section 150 of the Labour Act as indicated, and to provide information on any progress achieved in this regard.

Article 3. Penal responsibility of striking workers. In its previous comments, the Committee requested the Government to take the necessary measures to amend section 268(3) of the Labour Act, under the terms of which any violation of sections 199 (freedom to work of non-strikers), 202(1) and 209(1) (minimum services) constitutes a breach of discipline for which workers who are on strike are liable under both civil and penal law. Noting that the Government’s report does not reply to the Committee’s comment on this point, the Committee recalls that penal sanctions may only be envisaged where, during a strike, violence is committed against persons or property, or other serious breaches of the law, and only in accordance with the provisions punishing such offences. The Committee therefore requests the Government to take the necessary measures to amend section 268(3) of the Labour Act as indicated, and to provide information on any progress achieved in this regard.

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