Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Mozambique (Ratification: 1977)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In previous comments, the Committee drew the Government’s attention to certain provisions of Act No. 19/91 on the security of the State, under which sentences of imprisonment may be imposed for certain offences, such as defaming, slandering and insulting certain public authorities. The Committee notes that the Penal Code adopted in December 2014 (Act No. 35/2014) repealed most of the provisions of Act No. 19/91. However, it notes that the offences of defamation and insults still give rise to liability to prison sentences (sections 229 and 231 of the Penal Code). The Penal Code also contains specific provisions respecting defamation and insults against a corporation exercising public authority (section 232); defamation, slander and insults against the Head of State and certain authorities; and insults against the public authorities (section 405). The Committee recalls that the Convention prohibits any recourse to forced or compulsory labour, including compulsory prison labour, as a punishment for persons who hold or express certain political views or views ideologically opposed to the established political, social or economic system.

The Committee further notes that, in its concluding observations of November 2013 concerning the application by Mozambique of the International Covenant on Civil and Political Rights, the Human Rights Committee of the United Nations expressed concern at “the criminalization of defamation in a manner that discourages the expression of critical positions or of critical media reporting on matters of public interest, and adversely affects the exercise of freedom of expression and access to information of all kinds” (CCPR/C/MOZ/CO/1, paragraph 21). The Committee requests the Government to take the necessary measures so that persons who express certain political views or views ideologically opposed to the established political, social or economic system are not subjected to compulsory labour as a result of conviction to a sentence of imprisonment or to a sentence of community work. Please provide information on the court rulings handed down on the basis of the above provisions of the Penal Code, with an indication of the acts giving rise to the convictions and the penalties imposed.

Communication of legislative texts. The Committee requests the Government to provide copies of the legislative texts governing the system for serving sentences of imprisonment, and particularly on work exacted from detainees.