Minimum Age Convention, 1973 (No. 138) - Mozambique (Ratification: 2003)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. National policy. Following its previous comments, the Committee notes the Government’s detailed information on the results achieved through the implementation of the National Action Plan for Children (PNAC II) and of the National Action Plan to Combat the Worst Forms of Child Labour (NAP 2017–22). The Government indicates good progress was achieved in terms of the creation of a more favourable environment for the realization of children’s rights in the country while the PNAC II was in force, despite some challenges. For example, progress has been made regarding health, birth registration, basic education and participation in relevant areas in accordance with the age and level of maturity of the children in question.

The Committee also takes note of the results achieved through the implementation of the NAP 2017-22, including: (i) basic social assistance for families in vulnerable circumstances (624,507 beneficiary families); (ii) awareness-raising through television and radio programmes and discussions in communities; (iii) approximately 996 presentations given in 2020 to capitalize on experiences gained on prevention and protection of children’s rights and to share these experiences with communities; and (iv) the production and distribution of brochures on various aspects of child labour and hazardous work. The Government also indicates that, in 2022, the First Lady of Mozambique launched the International Year on the Elimination of Child Labour, as well as other activities to raise awareness on child labour and its worst forms. The Committee requests the Government to provide information on the measures taken or envisaged to renew the NPA 2017-22 or adopt a new policy to combat child labour, and the progress made in this regard. It requests the Government to continue providing information on all results achieved in the framework of the implementation of such a national policy or any other measures taken, including in the framework of the 2022 International Year on the Elimination of Child Labour, with regard to the effective abolition of child labour.

Article 2(3). Age of completion of compulsory schooling. The Committee takes due note of the revised National Education System Act No. 18/2018, communicated by the Government, section 7(1) of which makes it compulsory to attend school until the completion of ninth grade, whereas earlier it was until the completion of seventh grade.

Article 3(2). Determination of hazardous types of employment or work. The Committee notes the Government’s information that, in the context of the implementation of the National Action Plan to Combat the Worst Forms of Child Labour, provincial justice and labour departments have given approximately 900 presentations in 2021 and 2022 on the dissemination of Decree No. 68/2017 on the List of Work considered Hazardous for Children. While taking due note of the measures taken to raise awareness on this issue, the Committee once again requests the Government to provide information on the application in practice of the Decree No. 68 of 2017, including statistics on the number and nature of violations reported and penalties imposed.

Article 9(3). Keeping of registers by employers. Following its previous comments, the Committee notes that, under Ministerial Decree No. 104/2015 of 27 November which modifies Ministerial Decree No. 1/89 of 4 January, copy of which was communicated by the Government, the registers of employment that must be kept by all employers include information related to the age or date of birth of employees.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2(1) of the Convention. Scope of application and labour inspection. Children working in the informal economy. Following its previous comments, the Committee notes the Government’s indication, in its report, that the General Labour Inspectorate (IGT) does not monitor or inspect activities or work in the informal economy considering that the Labour Law (Act No. 23/2007 of 1 August 2007) only regulates work in the formal economy. Consequently, while no situations constituting the employment of children under the minimum age have been identified in inspections conducted in the formal economy, there is no statistical data on the observance of international labour standards regarding the employment of children and young persons in the informal economy. The Government indicates, however, that the IGT has recommended the dissemination of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), and is continuing its efforts to identify instances of child labour, which is mostly observed in the agricultural, mining and livestock grazing sectors.

While taking due note of this, the Committee notes that, in its concluding observations of 27 November 2019, the United Nations Committee on the Rights of the Child recommended that Mozambique strengthen its labour inspectorate, including through increased financial resources and continuous capacity-building, and develop programmes and intersectional coordination mechanisms to identify and protect victims of child labour, including in the informal sector (CRC/C/MOZ/CO/3-4, paragraph 44). The Committee requests the Government to strengthen its measures to ensure that the protection afforded by the Convention is guaranteed to children working in the informal economy, including through labour inspection. In this regard, the Committee once again encourages the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working both in the formal and in the informal economy, particularly in the agricultural sector, as well as in the mining and livestock grazing sectors. It requests the Government to provide information on specific measures taken in this regard, as well as on the results achieved.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes the Government’s indication that Act No. 6/2016, amending Act No. 23/2014 on Vocational Education, provides that the minimum requirement to enter the basic level of vocational education is completion of at least the second grade of primary education or equivalent, and the minimum requirement to enter the intermediate level of vocational education is the completion of at least the basic level of vocational education or the first cycle of general secondary education or equivalent. The Committee observes that this does not respond to the requirement, under Article 6 of the Convention, of ensuring that no minor under 14 years of age is permitted to enter into an apprenticeship programme, and that it appears that the minimum age to do so remains 12 years of age, in accordance with section 248(3) of the Labour Law. The Committee therefore requests the Government to take the necessary measures to ensure that children below the age of 14 do not enter apprenticeship programmes in undertakings, including in the framework of the current Labour Law review.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee previously noted that the national legislation of Mozambique permitted minors between 12 and 15 years of age to enter into employment contracts (section 26(2) of the Labour Law), including domestic work (section 4(2) of the Regulations on Domestic Work (Decree No. 40/2008)), with the written authorization of their legal representatives. It requested the Government to take the necessary measures to bring that legislation, including the Labour Law, into conformity with Article 7(1) and (3) of the Convention (minimum age of 13 for light work and conditions and hours for permitted light work activities).

The Committee notes the Government’s indication that the revised draft Labour Law will establish the age of 18 as the sole minimum age for admission to employment, without exceptions. The Committee expresses the firm hope that the provisions of the revised Labour Law will ensure that any light work activities may not be undertaken by children under the age of 13 years, as required by Article 7 of the Convention, including in domestic work. In this regard, it requests the Government to keep it informed of the progress made in the adoption of the revised Labour Law, and whether a minimum age of 18 years, without exception, is provided for by the new Labour Law.

Application of the Convention in practice. The Committee notes the information contained in the Government’s report relating to the cases of child labour received by the Children’s Court (six cases in 2022), through activities led by municipalities throughout Mozambique. While taking due note of this information,the Committee notes with regret the absence of information concerning the Committee’s previous request for statistics on the number of children under 15 years of age who are involved in child labour. The Committee once again requests the Government to take the necessary measures to ensure that up-to-date statistical information on the economic activities of children and young persons is made available, including the number of children working under the minimum age. It also requests the Government to provide information on the manner in which the Convention is applied in practice as well as information on the number of inspections carried out, the number and nature of violations relating to the employment of children and young persons detected, and the penalties imposed.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that the Government, with the support of UNICEF, had finalized and approved the National Action Plan for Children (PNAC II) for the period 2013–19. The PNAC II focuses on nine areas of implementation including increasing the number of child beneficiaries of basic social protection and reducing the number of children involved in child labour.

The Committee notes the Government’s information that a National Action Plan (NAP) to Combat the Worst Forms of Child Labour 2017–22 was approved in September 2017. The Committee requests the Government to provide information on the concrete measures taken within the framework of the NAP 2017–22 to eliminate child labour and the results achieved. It also requests the Government to provide information on the implementation of the PNAC II and the results achieved in terms of the number of child beneficiaries of basic social protection as well as the number of children withdrawn from child labour.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to section 248(3) of the Labour Law, enterprises or establishments may not admit minors under 12 years of age for apprenticeships. The Committee requested the Government to take the necessary measures to ensure that no minor under 14 years of age is permitted to enter into an apprenticeship programme, in conformity with Article 6 of the Convention.

The Committee notes with interest the Government’s information that according to the provisions of the Technical and Vocational Education Act, children are permitted to undergo apprenticeships only after completing the tenth year of school, when children would have reached 15 years of age. The Committee requests the Government to indicate the provision under the Technical and Vocational Education Act which stipulates that children are permitted to enter apprenticeships only after the completion of tenth grade. It also requests the Government to provide a copy of this Act.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that the Labour Law does not prescribe registers to be kept by employers. It reminded the Government that, under Article 9(3) of the Convention, national laws or regulations or the competent authority must prescribe registers or documents concerning employees under the age of 18 years, indicating their names and ages, which shall be kept and made available by the employer.

The Committee notes the Government’s information that, according to Ministerial Decree No. 104 of 2015, all employers must keep a register containing the names and other information of employees, including minors, to be submitted to the Ministry of Labour, Employment and Social Security. The Committee requests the Government to indicate whether the requirement under Ministerial Decree No. 104 of 2015 of keeping a register by employers also includes such details related to the age or date of birth of employees. It also requests the Government to provide a copy of Ministerial Decree No. 104 of 2015.

Application of the Convention in practice. The Committee notes the statistical data provided by the Government on the economically active, employed, unemployed and underemployed population based on the compilation from the 2014–15 Family Budget Census. However, these statistics do not cover the number of children under 15 years of age who are involved in child labour. The Committee requests the Government to take the necessary measures to ensure that up-to-date statistical information on the economic activities of children and young persons is made available, including the number of children working under the minimum age. It also requests the Government to provide information on the manner in which the Convention is applied in practice as well as information on the number of inspections carried out, the number and nature of violations relating to the employment of children and young persons detected, and the penalties imposed.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2(1) of the Convention. Scope of application and labour inspection. 1. Children working in the informal economy. In its previous comments, the Committee noted that pursuant to sections 1 and 2 of Labour Law No. 23/2007, this Law only applies in the context of a labour relationship. In this regard, the Committee noted the Government’s statement in its report to the United Nations Committee on the Rights of the Child (CRC) that informal trade is one of the most common forms of labour in which children are involved in Mozambique (CRC/C/MOZ/2, paragraph 356). It also noted from the concluding observations of the CRC that child labour remained a common practice on commercial cotton, tobacco and tea plantations and on family farms where children may, for example, herd livestock (CRC/C/MOZ/CO/2, paragraph 79). Moreover, according to the Multiple Indicators Cluster Survey (MICS) report, 25 per cent of children were engaged in child labour in rural areas, compared to 15 per cent in urban areas.

The Committee notes the Government’s information that although the general labour inspectorate deals with the formal economy, children engaged in activities in the informal economy are protected through measures that include access to basic social assistance and free education. The Committee notes the information contained in a UNICEF publication of 2016, entitled “Child and Social Protection–Current Situation”, that 22 per cent of children aged 5–14 years are engaged in labour primarily in the agricultural and domestic work sectors. The Committee requests the Government to continue to take the necessary measures to ensure that the protection afforded by the Convention is guaranteed to children working in the informal economy, including through the basic social assistance and free education programmes. It also requests the Government to provide information on the impact of these measures in preventing child labour in the informal economy. Moreover, referring to paragraph 343 of the General Survey of 2012 on the fundamental Conventions, which states that child labour in the informal economy can be addressed through monitoring mechanisms, including through labour inspection, the Committee encourages the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in rural areas, particularly in the agricultural sector as well as in the domestic work sector. It requests the Government to provide information on specific measures taken in this regard, as well as on the results achieved.

2. Domestic work. The Committee previously noted section 4(2) of the Regulations on Domestic Work (Decree No. 40/2008) which prohibits domestic work by children under 15 years of age, while permitting children of 12 years of age to be hired for domestic work with the permission of a legal representative. The Committee urged the Government to take the necessary measures to ensure that no child under the age of 15 years is permitted to engage in domestic work, except under the specific conditions laid down in Article 7 of the Convention for light work.

The Committee notes the Government’s statement that this issue will be considered during the review of the Labour Law. The Committee urges the Government to take the necessary measures to ensure the revision of the Labour Law, without delay, whereby children under 15 years of age are permitted to be engaged in domestic work, only as an exception based on specific conditions laid down in Article 7 of the Convention for light work. It requests the Government to provide information on any progress made in this regard.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that the age of completion of compulsory schooling (13 years) was two years below the minimum age for admission to employment or work (15 years). The Committee accordingly urged the Government to take the necessary measures to raise the age of completion of compulsory education to 15 years so as to coincide with that of the minimum age for admission to employment or work.

The Committee notes with interest the Government’s indication that the revised National Education System Act makes it compulsory to attend school until the completion of ninth grade, whereas earlier it was until the completion of seventh grade. The Committee requests the Government to provide a copy of the revised National Education System Act which establishes compulsory education up to ninth grade.

Article 3(2). Determination of hazardous types of employment or work. In its previous comments, the Committee expressed the firm hope that the Government would take the necessary measures to develop and adopt a national list of types of hazardous work prohibited for persons under the age of 18 years, in accordance with Article 3(2) of the Convention.

The Committee notes with satisfaction that the List of Work considered Hazardous for Children Decree No. 67 of 2017 has been adopted. According to section 1 of this Decree, children under the age of 18 years shall not be employed in prohibited types of work and activities which, by their nature, are harmful to their mental, physical, social and moral development. The list of hazardous types of work as listed in the Annex to the Decree include: work in agriculture, fish farming and forestry; fishing sector; mining and extracting; manufacturing industry; production and distribution of electricity, gas and water; construction; trade and commercial sector; transport and storage; health and social services; domestic services; work in the streets; and other work involving exposure to varied temperatures, ionizing and radioactive substances, repetitive movements, and work in confined spaces. Section 3 further lays down the penalties of fines amounting to five to ten times the minimum wage for any violations of the provisions of the Decree. The Committee requests the Government to provide information on the application in practice of sections 1 and 3 of the Decree No. 67 of 2017, including statistics on the number and nature of violations reported and penalties imposed.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee previously noted that, by virtue of section 21(1) of the Labour Law, an employment contract entered into directly with a minor between 12 and 15 years of age shall only be valid with the written authorization of the minor’s legal representative. It also noted that, under section 26(2) of the Labour Law, the Council of Ministers shall issue a legal authorization establishing the nature and the conditions of work that may be performed, in exceptional circumstances, by minors of between 12 and 15 years of age. In this regard, the Committee had recalled that, pursuant to Article 7(1) of the Convention, national laws or regulations may only permit the employment or work of persons of 13 to 15 years of age on light work, provided that such work is not likely to harm their health or development, or prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also reminded the Government that, pursuant to Article 7(3) of the Convention, the competent authority shall determine what constitutes light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting once again an absence of information on these points in the Government’s report, the Committee once again requests the Government to take the necessary measures to bring the Labour Law into conformity with Article 7(1) of the Convention by permitting children only from the age of 13 years to be engaged in light work. It also requests the Government to take the necessary measures to regulate this work by determining the types of light work activities permitted for children between the ages of 13 and 15 years, including the hours during which, and the conditions in which, such employment or work may be undertaken.

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

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

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the information available from ILO–IPEC that the Government, with the support of UNICEF, has finalized and approved the National Action Plan for Children (PNAC II) for the period 2013–19. Nine areas of implementation of the PNAC II have been identified. These include increasing the number of child beneficiaries of basic social protection and reducing the number of children involved in child labour. In addition, within the framework of the Mozambique Decent Work Country Programme (DWCP), the Ministry of Labour, in collaboration with representatives of other key government departments and social partners, is in the process of formulating a National Action Plan to eliminate child labour. The Committee expresses the firm hope that the National Action Plan to eliminate child labour will be developed, adopted and implemented in the near future. It requests the Government to provide information on any progress made in this regard. The Committee also requests the Government to provide information on the implementation of the PNAC II and the results achieved in terms of the number of child beneficiaries of basic social protection as well as the number of children withdrawn from child labour. Finally, the Committee requests the Government to supply statistics relating to the employment of children and young persons.

Labour inspection. Following its previous comments, the Committee notes the Government’s information that in 2014, 8,736 establishments, mainly in the commerce, service, industry and construction sectors were inspected and a total of 18 underage workers were identified. It also notes the Government’s indication that a total of 10,989 violations of various legal provisions were detected and fines were imposed for 3,233 violations, while official warnings were issued in respect of the remaining violations. Furthermore, the Government indicates that, of the 138 officials of the labour inspectorate, 22 inspectors underwent training in 2014. The Committee notes, however, the Government’s statement that the number of inspectors continues to be insufficient considering the number of establishments and increasing number of labour disputes in Mozambique. The Committee requests the Government to take the necessary measures, including through the allocation of additional resources, to adapt and strengthen the general labour inspectorate, in order to ensure that the protection established by the Convention is afforded to all children in the country. The Committee also requests the Government to continue providing information on the number of inspections carried out, the number and nature of violations relating to the employment of children and young persons detected, and the penalties imposed.

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

Article 2(1) of the Convention. Scope of application. 1. Children working on their own account and in the informal economy. In its previous comments, the Committee noted that pursuant to sections 1 and 2 of the Labour Law No. 23/2007 (Labour Law), this Law only applies in the context of a labour relationship. It had noted the Government’s indication that, in Mozambique, there is no specific regulation governing children who are working outside of an employment relationship, such as those working in the informal economy. In this regard, the Committee had noted the Government’s statement in its report to the Committee on the Rights of the Child that informal trade is one of the most common forms of labour in which children are involved in Mozambique (CRC/C/MOZ/2, paragraph 356).

The Committee notes the Government’s information that the labour inspectorate is competent in all legal employment relationships established between employers and employees. The Committee once again reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment and work, whether or not there is a contractual employment relationship. In this regard, referring to the General Survey of 2012 on the fundamental Conventions, paragraph 343, the Committee points out that child labour in the informal economy can be addressed through monitoring mechanisms, including through labour inspection. The Committee therefore requests the Government to take the necessary measures to ensure that all children, including self-employed children and children working in the informal economy, benefit from the protection laid down in the Labour Act. In this respect, it requests the Government to review the relevant provisions of the Labour Law in order to address these gaps as well as to take measures to strengthen the capacity and expand the reach of the labour inspectorate so as to enable it to monitor child labour in the informal economy. It requests the Government to provide information on the measures taken in this regard.

2. Domestic work. The Committee previously noted section 4(2) of the Regulations on Domestic Work (Decree No. 40/2008) which prohibits domestic work by children under 15 years, while permitting children of 12 years to be hired for domestic work with the permission of a legal representative. The Committee requested the Government to take the necessary measures to ensure that no child under the age of 15 years is permitted to engage in domestic work, except under the specific conditions laid down in Article 7 of the Convention for light work.

The Committee notes that the Government’s report does not provide for a response to its previous comments. Observing that the Regulations on Domestic Work allow children of 12 years of age to be employed for domestic work, the Committee once again reminds the Government that pursuant to Article 2(1) of the Convention, no person under the minimum age (of 15 years) may be engaged in any economic activity, including in domestic work, with the exception of light work for children of at least 13 years of age that can only be carried out under conditions laid down in Article 7 of the Convention. The Committee therefore urges the Government to take the necessary measures to ensure that no person under the age of 15 is permitted to engage in domestic work, except under the specific conditions laid down in Article 7 of the Convention for light work.

3. Rural work. The Committee previously noted the Government’s statement that the minimum age for admission to employment established in the Labour Law (of 15 years of age) applied to children working in rural work. It also noted the statement by the CRC, in its concluding observations, that child labour remained a common practice on commercial cotton, tobacco and tea plantations and on family farms where children may, for example, herd livestock (CRC/C/MOZ/CO/2, paragraph 79). The Committee further noted that according to the Multiple Indicators Cluster Survey (MICS) report, in rural areas, 25 per cent of children were engaged in child labour, compared to 15 per cent in urban areas. The Committee moreover noted that the proposal for an instrument on rural work was under discussion.

The Committee notes the Government’s information that the regulation on rural labour is anticipated to be passed by 2019. Expressing its concern at the situation of children involved in child labour, especially in agriculture, the Committee once again requests the Government to take the necessary measures to ensure that the minimum age of 15 is applied in practice to this sector. It also requests the Government to provide information on the number of children under 15 years working in the rural sector. The Committee further requests the Government to provide information on any progress made with regard to the adoption of the regulation on rural work.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that the age of completion of compulsory schooling (13 years) was two years below the minimum age for admission to employment or work (15 years). The Committee accordingly requested the Government to consider raising the age of completion of compulsory education so as to coincide with that of the minimum age of 15 years for admission to employment or work.

The Committee notes the absence of information in the Government’s report on this point. The Committee therefore once again emphasizes the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided for under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). In cases where these two ages do not coincide, various problems can arise. If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions, paragraph 371). The Committee therefore urges the Government to take the necessary measures to raise the age of completion of compulsory education to 15 years so as to coincide with that of the minimum age for admission to employment or work. It requests the Government to provide information on any progress made in this regard.

Article 3(2). Determination of hazardous types of employment or work. The Committee previously noted the Government’s statement that no measures had been adopted to determine types of dangerous work prohibited to persons aged under 18 years. It also noted the information from UNICEF indicating that hazardous labour activities involving children were mostly related to farm work either in the cotton or tobacco industries.

The Committee notes the Government’s information that the hazardous work list has not yet been drawn up. However, the Government indicates that in 2014, labour inspectors underwent training from the ILO on how to develop a hazardous list. The Committee expresses the firm hope that the Government will take the necessary measures to develop and adopt a national list of types of hazardous work prohibited for persons under the age of 18, in accordance with Article 3(2) of the Convention. It requests the Government to provide information on any measures taken in this regard.

Article 6. Vocational training and apprenticeship. The Committee previously noted that Chapter IV of the Labour Law regulates vocational training and apprenticeship. It noted that under section 248(3) of the Labour Law, enterprises or establishments may not admit minors under 12 years of age for apprenticeships. Noting the absence of information in the Government’s report, the Committee once again reminds the Government that Article 6 of the Convention authorizes work to be carried out by young persons within the context of an apprenticeship programme only from the age of 14 years. In this regard, the Committee once again requests the Government to take the necessary measures to ensure that no minor under 14 years of age is permitted to enter into an apprenticeship programme, in conformity with Article 6 of the Convention.

Article 7(1). Minimum age for admission to light work. The Committee previously noted that, by virtue of section 21(1) of the Labour Law, an employment contract entered into directly with a minor between 12 and 15 years of age shall only be valid with the written authorization of the minor’s legal representative. In this regard, the Committee had recalled that, pursuant to Article 7(1) of the Convention, national laws or regulations may only permit the employment or work of persons of 13 to 15 years of age on light work, provided that such work is not likely to harm their health or development, or prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to take the necessary measures to bring the Labour Law into conformity with Article 7(1) of the Convention by permitting children only from the age of 13 in light work.

Article 7(3). Determination of light work. The Committee previously noted that, under section 26(2) of the Labour Law, the Council of Ministers shall issue a legal authorization establishing the nature and the conditions of work that may be performed, in exceptional circumstances, by minors of between 12 and 15 years of age. It also noted the Government’s statement that children between the ages of 12 and 15 years may not be employed in work that is likely to be harmful to their health. The Committee further noted the statement in the Government’s report that the light work referred to in the Labour Law has not been classified.

The Committee notes the absence of information in the Government’s report on this point. The Committee once again reminds the Government that, pursuant to Article 7(3) of the Convention, the competent authority shall determine what constitutes light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore once again requests the Government to take the necessary measures to regulate this work by determining the types of light work activities permitted for children between the ages of 13 and 15, including the hours during which, and the conditions in which, such employment or work may be undertaken.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that the Labour Law does not prescribe the registers to be kept by employers. It reminded the Government that under Article 9(3) of the Convention, national laws or regulations or the competent authority must prescribe the registers or documents concerning employees under the age of 18 and indicating their names and ages, which shall be kept and made available by the employer. Noting once again an absence of information in the Government’s report on this point, the Committee requests the Government to take the necessary measures to ensure that national laws or regulations or the competent authority prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons under the age of 18 years who work for them, in conformity with Article 9(3) of the Convention.

The Committee strongly 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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. Following its previous comments, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Government has enacted Decree No. 85 of 2009 governing the Basic Social Security System as well as Council of Ministers Resolution No. 17 of 2010 on the implementation of the National Basic Social Security Strategy (ENSSB) for the period 2010–14. According to the Government’s report, the aim of ENSSB is to provide monthly payments to households without members who are fit to work and to enhance protection for children, including orphaned and vulnerable children who are being financially exploited by their families or foster families. The Committee also notes the information available from ILO–IPEC that under the project “Supporting actions to meet the 2015 target to eliminate the worst forms of child labour in Lusophone countries in Africa”, a project on hiring professional services to develop a comparative study of application of ILO Conventions and Recommendations with a view to strengthening child labour related matters in the national legislation and the identification of existing national policies has been initiated.

The Committee notes however, that according to the Multiple Indicators Cluster Survey Report of 2008 (MICS), 22 per cent of children between 5 and 14 years are engaged in child labour. The Committee requests the Government to provide information on the implementation of the Basic Social Security System and the ENSSB and the results attained, specifying their contribution to the effective abolition of child labour. The Committee further requests the Government to indicate the impact of the comparative study conducted under the ILO–IPEC project in terms of strengthening the national legislation on child labour and the national policy measures designed to eliminate child labour. The Committee finally requests the Government to supply statistics relating to the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

Article 2(1). Scope of application. Mining. The Committee had previously noted that section 3 of the Labour Law provides that employment relationships in mining shall be governed by a special regime. In this regard, the Committee had noted the Government’s statement that discussions were ongoing at the governmental level on proposals regarding several sectors, including mining. The Government indicated that these proposals were pursuant to the Labour Law and that the lowest minimum age in the proposals under discussion was 15 years of age.

The Committee notes the Government’s indication that the proposal of the regulation on mining is still under discussion. The Committee requests the Government to provide a copy of the regulation governing employment relationships in mining, once it has been adopted.

Part III of the report form. Labour inspection. The Committee had previously noted the Government’s statement that the general labour inspectorate under the Ministry of Labour, is responsible for supervising the application of labour standards. The Government also stated that when irregularities are detected, the general labour inspectorate has the power to impose fines on employers in order to achieve compliance with the law. The Committee further noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 4 November 2009, expressed concern that the labour inspectorate and police face shortages of qualified staff, adequate funds and training to carry out their mandates (CRC/C/MOZ/CO/2, paragraph 80).

The Committee notes the Government’s indication that during the course of 6,754 inspections carried out in 2011, 10,462 infringements of various labour standards were detected. Fines were issued for 3,051 cases while official warnings were issued in 7,411 cases. The Committee notes the Governments statement that in 2011, no child under the age of 15 years was found to be working in the formal sector. The Committee requests the Government to indicate whether any violations have been detected concerning children between 15 and 18 years of age in hazardous work during the inspections carried out by the labour inspectors. It also requests the Government to take the necessary measures, including through the allocation of additional resources, to adapt and strengthen the general labour inspectorate, in order to ensure that the protection established by the Convention is afforded to all children in the country. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(1) of the Convention. Scope of application. 1. Children working on their own account and in the informal sector. In its previous comments, the Committee noted that pursuant to sections 1 and 2 of the Labour Law No. 23/2007 (Labour Law), this Law only applies in the context of a labour relationship. It had noted the Government’s indication that, in Mozambique, there is no specific regulation governing children who are working outside of an employment relationship, such as those working in the informal economy. In this regard, the Committee had noted the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 23 May 2009, that informal trade is one of the most common forms of labour in which children are involved in Mozambique (CRC/C/MOZ/2, paragraph 356). The Government had also indicated that the control mechanisms for child labour, such as labour inspection, were more effective in the formal than in the informal sector (CRC/C/MOZ/2, paragraph 359). The Committee had finally noted that the CRC, in its concluding observations of 4 November 2009, expressed concern that that there were still no specific regulations governing children who are not covered by an employment relationship (CRC/C/MOZ/CO/2, paragraph 80).

The Committee notes that the Government’s report contains no information on this matter. Recalling that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship, the Committee encourages the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children carrying out economic activities without an employment relationship or in the informal economy. It requests the Government to provide information on the measures taken in this regard.

2. Domestic work. The Committee had previously noted section 4(2) of the Regulations on Domestic Work (Decree 40/2008) which prohibits domestic work by children under 15 years, while permitting children of 12 years to be hired for domestic work with the permission of a legal representative. The Committee had requested the Government to take the necessary measures to ensure that no child under the age of 15 years is permitted to engage in domestic work, except under the specific conditions laid down in Article 7 of the Convention for light work.

The Committee notes that the Government’s report does not provide for a response to its previous comments, but states that section 4(2) of the Regulation on Domestic Work prohibits hiring minors under the age of 12 years for domestic work. The Committee once again reminds the Government that pursuant to Article 2(1) of the Convention, no person under the minimum age (of 15 years) may be engaged in economic activity, including in domestic work, with the exception of light work for children of at least 13 years of age that can only be carried out under conditions laid down in Article 7 of the Convention. The Committee therefore once again requests the Government to take the necessary measures to ensure that no person under the age of 15 is permitted to engage in domestic work, except under the specific conditions laid down in Article 7 of the Convention for light work.

3. Rural work. The Committee had previously noted the Government’s statement that the minimum age for admission to employment established in the Labour Law (of 15 years of age) applies to children working in rural work. It had also noted the Government’s indication that pursuant to section 3 of the Labour Law, draft regulations on rural work have been developed and was under discussion. The Committee had noted the information from UNICEF indicating that hazardous labour activities involving children were mostly related to farm work either in the cotton or tobacco industries. It had also noted the statement by the CRC, in its concluding observations of 4 November 2009, that child labour remained a common practice on commercial cotton, tobacco and tea plantations and on family farms where children may, for example, herd livestock (CRC/C/MOZ/CO/2, paragraph 79).

The Committee notes the Government’s information that the proposal for the instrument on rural work is still under discussion. The Committee also notes that according to the Multiple Indicators Cluster Survey (MICS) report of 2008, in rural areas, 25 per cent of children are engaged in child labour, compared to 15 per cent in urban areas. Expressing its concern at the situation of children involved in child labour, especially agriculture, the Committee once again requests the Government to take the necessary measures to ensure that the minimum age of 15 is applied in practice to this sector. It also requests the Government to provide a copy of the regulation on rural work, once it has been adopted.

Article 2(3). Age of compulsory schooling. The Committee had previously noted the Governments statement that compulsory education started at the age of 6 years and was completed at the age of 13 years. It had therefore observed that the age for completion of compulsory schooling was two years below the minimum age for admission to employment or work (15 years). The Committee had also noted that the CRC, in its concluding observations of 4 November 2009, commended the significant efforts deployed by the Government to increase enrolment rates in primary and secondary education (CRC/C/MOZ/CO/2, paragraph 71). However, the CRC expressed concern that, nearly half of primary school aged children drop out of school before they completed grade 5 (ibid.).

With regard to the age of completion of compulsory schooling, the Committee must emphasize the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). In cases where these two ages do not coincide, various problems can arise. If the compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 371). Accordingly, the Committee strongly encourages the Government to consider raising the age of completion of compulsory education so as to coincide with that of the minimum age of 15 years for admission to employment or work. It requests the Government to provide information on any progress made in this regard. Furthermore, considering that compulsory education is the most effective means of combating child labour, the Committee requests the Government to take the necessary measures to strengthen the functioning of the education system, in particular by increasing the school enrolment, attendance and completion rates of children under the minimum age of employment with special focus on children in rural areas.

Article 3(2). Determination of hazardous types of employment or work. The Committee had previously noted that section 23(2) of the Labour Law prohibited employers from employing children under the age of 18 years in work that is unhealthy, dangerous or which required great physical strength, as defined by the competent authorities, after consultation with trade union and employers’ organizations. It had noted the Government’s statement that no measures had been adopted to determine types of dangerous work prohibited to persons aged under 18 years. The Committee had further noted that the CRC, in its concluding observations of 4 November 2009, urged the Government to define hazardous work prohibited for persons under 18 years old (CRC/C/MOZ/CO/2, paragraph 81).

The Committee notes the absence of information in the Government’s report. The Committee, therefore, once again recalls that, by virtue of Article 3(2) of the Convention, the types of employment or work which, by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee once again urges the Government to take the necessary measures to include in national legislation provisions determining the types of hazardous work prohibited for persons under the age of 18, in accordance with Article 3(2) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee had previously noted that Chapter IV of the Labour Law regulates vocational training and apprenticeship. It had noted that under section 248(3) of the Labour Law, enterprises or establishments may not admit minors under 12 years of age for apprenticeships. Noting the absence of information in the Government’s report, the Committee once again reminds the Government that Article 6 of the Convention authorizes work to be carried out by young persons within the context of an apprenticeship programme only from the age of 14 years of age. In this regard, the Committee once again requests the Government to take measures to ensure that no minor under 14 years of age is permitted to enter into an apprenticeship programme, in conformity with Article 6 of the Convention.

Article 7(1). Minimum age for admission to light work. The Committee had previously noted that, by virtue of section 21(1) of the Labour Law, an employment contract entered into directly with a minor between 12 and 15 years of age shall only be valid with the written authorization from the minor’s legal representative. In this regard, the Committee had recalled that pursuant to Article 7(1) of the Convention, national laws or regulations may only permit the employment or work of persons of 13 and 15 years of age on light work, provided that such work is not likely to harm their health or development, or prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to take the necessary measures to bring the Labour Law into conformity with Article 7(1) of the Convention by permitting children only from the age of 13 in light work.

Article 7(3). Determination of light work. The Committee previously noted that under section 26(2) of the Labour Law, the Council of Ministers shall issue a legal diploma establishing the nature and the conditions of work that may be performed, in exceptional circumstances, by minors of between 12 and 15 years of age. It had also noted the Government’s statement that children between the ages of 12 and 15 years may not be employed in work that is likely to be harmful to their health. The Committee had further noted the statement in the Government’s report that the light work referred to in the Labour Law has not been classified.

Noting the absence of information in the Government’s report, the Committee once again reminds the Government, that pursuant to Article 7(3) of the Convention, the competent authority shall determine what constitutes light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Observing that a significant number of children under the minimum age are engaged in child labour, the Committee once again requests the Government to take the necessary measures to regulate this work by determining the types of light work activities permitted for children between the ages of 13 and 15, including the hours during which, and the conditions in which, such employment or work may be undertaken.

Article 9(3). Keeping of registers by employers. The Committee had previously noted that the Labour Law does not prescribe the registers to be kept by employers. It had reminded the Government that under Article 9(3) of the Convention, national laws or regulations or the competent authority must prescribe the registers concerning employees under the age of 18, which shall be kept and made available by the employer. Noting once again an absence of information in the Government’s report on this point, the Committee requests the Government to take the necessary measures to ensure that national laws or regulations or the competent authority prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons under the age of 18 years who work for them, in conformity with Article 9(3) of the Convention.

The Committee strongly 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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that 32.1 per cent of all children between the ages of 10 and 14 were working. The Committee also noted the Government’s indication that much remains to be done in the area of child labour and that in rural Mozambique children are frequently forced to work, due to chronic household poverty, lack of employment opportunities for adults, an unfavourable economic environment, lack of educational opportunities and gender inequalities. The Committee further noted the Government’s indication that it was implementing a National Action Plan for the Child (NAPC) which contained provisions relating to universal access to education and child labour prevention (CRC/C/MOZ/Q/2/Add.1, paragraph 42).

The Committee notes the Government’s statement regarding the impact of the NAPC for 2005–09, that despite success in expanding the school network, the targets set for the NAPC (in terms of school attendance rates and assistance for orphaned or abandoned children), were not achieved. The Committee also notes the information from ILO–IPEC that, Mozambique is one of the countries participating in the project entitled “Supporting actions to meet the 2015 targets to eliminate the worst forms of child labour in Lusophone countries in Africa”, which commenced in 2010. The Committee notes that, through this project, a tripartite training on social dialogue and child labour took place in Maputo in October 2010. The Committee further notes the information from ILO–IPEC that a legal consultant has been hired to examine the legislation in the country on child labour. The Committee requests the Government to pursue its efforts, in collaboration with ILO–IPEC, towards the effective reduction and elimination of child labour. It requests the Government to continue to provide information on measures taken in this regard, and on the results achieved. The Committee also requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons.

Article 2(1). Scope of application. (i) Children working on their own account and in the informal sector. In its previous comments, the Committee noted that pursuant to sections 1 and 2 of the Labour Law No. 23/2007 (Labour Law), this Law only applies in the context of a labour relationship. It noted the Government’s indication that, in Mozambique, there is no specific regulation governing children who are working outside of an employment relationship, such as those working in the informal economy. In this regard, the Committee noted the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 23 May 2009, that informal trade is one of the most common forms of labour in which children are involved in Mozambique (CRC/C/MOZ/2, paragraph 356). The Government also indicated that the control mechanisms for child labour, such as labour inspection, are more effective in the formal than in the informal sector (CRC/C/MOZ/2, paragraph 359).

The Committee notes that the CRC, in its concluding observations of 4 November 2009, expressed concern that that there are still no specific regulations governing children who are not covered by an employment relationship (CRC/C/MOZ/CO/2, paragraph 80). Recalling that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship, the Committee encourages the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children carrying out economic activities without an employment relationship or in the informal economy.

(ii) Domestic work. The Committee previously noted the Government’s statement in its report to the CRC of 23 March 2009 that domestic work was one of the most common forms of child labour in Mozambique (CRC/C/MOZ/2, paragraph 356). It also noted that section 3 of the Labour Law provides for special regimes governing employment relationships in domestic work, and it requested the Government to provide a copy of the relevant legislation for this sector.

The Committee notes the adoption of the Regulations on Domestic Work (No. 40) on 26 November 2008 and observes that section 4(2) of these Regulations prohibits employers from employing a person under 15 years of age in domestic work. However, this section also states that a person from the age of 12 may be hired for domestic work with the permission of a legal representative. In this regard, the Committee reminds the Government that, pursuant to Article 2(1) of the Convention, no person under the minimum age (of 15 years) may be engaged in economic activity, including in domestic work, with the exception of light work that can only be carried out under conditions laid down in Article 7 of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that no person under the age of 15 is permitted to engage in domestic work, except under the specific conditions laid down in Article 7 of the Convention for light work.

(iii) Mining. The Committee previously noted that section 3 of the Labour Law provides that employment relationships in mining shall be governed by a special regime. In this regard, the Committee notes the Government’s statement that discussions are ongoing at the governmental level on proposals regarding several sectors, including mining. The Government indicates that these proposals are pursuant to the Labour Law and that the lowest minimum age in the proposals under discussion is 15 years of age. The Committee requests the Government to provide a copy of the regulations adopted governing employment relationships in mining, once adopted.

(iv) Rural work. The Committee previously noted that section 3 of the Labour Law provides for special regimes governing employment relationships in rural work. It also noted the Government’s statement in its report to the CRC that children are frequently forced to work in commercial agriculture (CRC/C/MOZ/2, paragraph 358). The Committee also noted the information from a 2006 study entitled “Assessment of child labour in small-scale tobacco farms in Mozambique”, indicating a high incidence of child labour in rural areas. This study, a survey of the small-scale farms in tobacco producing areas of three provinces (Angónia, Chifunde and Niassa), indicated that 80 per cent of these farms used child labour and that children were generally put to work at age 6.

The Committee notes the Government’s statement that the minimum age for admission to employment established in the Labour Law (of 15 years of age) applies to children working in rural work. The Government also indicates that draft regulations on rural work have been developed and are under discussion. The Committee also notes the information from UNICEF indicating that hazardous labour activities involving children are mostly related to farm work either in the cotton or tobacco industries. The Committee further notes the statement by the CRC, in its concluding observations of 4 November 2009, that child labour remains a common practice on commercial cotton, tobacco and tea plantations and on family farms where children may, for example, herd livestock (CRC/C/MOZ/CO/2, paragraph 79). The Committee expresses its concern at the situation of children working in agriculture, and requests the Government to take the necessary measures to ensure that the minimum age of 15 is applied in practice to this sector. It also requests the Government to provide a copy of the regulations on rural work, once adopted.

Minimum age for admission to employment or work. The Committee previously noted that section 29(1) of the Labour Law referred to “student employees”, and it requested the Government to indicate the definition of this term.

The Committee notes the Government’s statement that student workers are persons who, while in employment, have permission from their supervisor to attend a training course during working time to improve their skills.

Article 2(3). Age of compulsory schooling. The Committee previously noted the information from UNESCO that in 2006, there were 954,000 out of school children of primary school age. It requested the Government to indicate the age of completion of compulsory schooling in Mozambique.

The Committee notes the Government’s statement that the age for completion of compulsory schooling is 13 years, and that schools starts at the age of 6 and lasts for seven years. The Committee observes that this is two years below the minimum age for admission to employment or work. The Committee also notes the Government’s indication that, with the aim of achieving gender parity in general secondary education, efforts are being undertaken to build secondary schools in communities and to implement a system of incentives to girls to attend general secondary school. The Committee further notes the information in the UNESCO Education for All Global Monitoring Report of 2011, that since 1999, the net enrolment rate has risen from 52 per cent to 80 per cent. Moreover, the Committee notes that the number of out of school children of primary school age has dropped from 1,575,000 children in 1999 to 863,000 children in 2008. In addition, the Committee notes that the CRC, in its concluding observations of 4 November 2009, commended the significant efforts deployed by the Government to increase enrolment rates in primary and secondary education (CRC/C/MOZ/CO/2, paragraph 71). However, the CRC expressed concern that, inter alia, nearly half of primary school aged children drop out of school before they complete grade 5 (CRC/C/MOZ/CO/2, paragraph 71). Considering that compulsory education is one of the most effective ways of combating child labour, the Committee requests the Government to indicate if any measures are envisaged to link the age of completion of compulsory schooling to the minimum age for admission to work of 15 years of age. Moreover, taking due note of the considerable progress achieved by the Government with regard to increasing school enrolment rates, the Committee encourages the Government to pursue its efforts in this regard, and to continue to provide information on the results achieved.

Article 3(2). Determination of hazardous types of employment or work. The Committee previously noted that section 23(2) of the Labour Law provides that employers shall not give minors under the age of 18 work that is unhealthy, dangerous or which requires great physical strength, as defined by the competent authorities, after consultation with trade union and employers’ organizations. The Committee also noted the Government’s indication that work was in progress to draw up specific legislation concerning the determination of hazardous types of work prohibited for children under the age of 18 years, within the framework of ongoing legal reforms.

The Committee notes the Government’s statement that no measures have been adopted to determine types of dangerous work prohibited to persons aged under 18 years. The Committee also notes that the CRC, in its concluding observations of 4 November 2009, urged the Government to define hazardous work prohibited for persons under 18 years old (CRC/C/MOZ/CO/2, paragraph 80). In this regard, the Committee must once again recall that, by virtue of Article 3(2) of the Convention, the types of employment or work which, by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore urges the Government to take the necessary measures to include in national legislation provisions determining the types of hazardous work prohibited for persons under the age of 18, in accordance with Article 3(2) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee previously noted that Chapter IV of the Labour Law regulates vocational training and apprenticeship. It noted that under section 248(3) of the Labour Law, enterprises or establishments may not admit minors under 12 years of age for apprenticeships.

The Committee once again reminds the Government that Article 6 of the Convention authorizes work to be carried out by young persons within the context of an apprenticeship programme only from the age of 14 years of age. In this regard, the Committee requests the Government to take measures to ensure that no minor under 14 years of age is permitted to enter into an apprenticeship programme, in conformity with Article 6 of the Convention.

Article 7(1). Minimum age for admission to light work. The Committee previously noted that, by virtue of section 21(1) of the Labour Law, an employment contract entered into directly with a minor between 12 and 15 years of age shall only be valid with the written authorization from the minor’s legal representative. In this regard, the Committee recalled that pursuant to Article 7(1) of the Convention, national laws or regulations may only permit the employment or work of persons of 13 and 15 years of age on light work, provided that such work is not likely to harm their health or development, or prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to take the necessary measures to bring the Labour Law into conformity with Article 7(1) of the Convention by permitting children only from the age of 13 in light work.

Article 7(3). Determination of light work. The Committee previously noted that under section 26(2) of the Labour Law, the Council of Ministers shall issue a legal diploma establishing the nature and the conditions of work that may be performed, in exceptional circumstances, by minors of between 12 and 15 years of age. The Committee further noted the Government’s statement that children between the ages of 12 and 15 years may not be employed in work that is likely to be harmful to their health.

The Committee notes the statement in the Government’s report that the light work referred to in the Labour Law has not been classified. In this regard, the Committee reminds the Government, that pursuant to Article 7(3) of the Convention, the competent authority shall determine what constitutes light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Observing that a significant number of children under the minimum age are engaged in child labour, the Committee requests the Government to take the measures to regulate this work by determining the types of light work activities permitted for children between the ages of 13 and 15, including the hours during which, and the conditions in which, such employment or work may be undertaken.

Article 9(3). Employers’ registers. The Committee previously noted that the Labour Law does not prescribe the registers to be kept by employers. It reminded the Government that under Article 9(3) of the Convention, national laws or regulations or the competent authority must prescribe the registers concerning employees under the age of 18, which shall be kept and made available by the employer. Noting once again an absence of information in the Government’s report on this point, the Committee requests the Government to take the necessary measures to ensure that national laws or regulations or the competent authority prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspection. Following its previous comments, the Committee notes the Government’s statement that the general labour inspectorate, which is attached to the Ministry of Labour, is responsible for supervising the application of labour standards. The Government states that when irregularities are detected, the general labour inspectorate has the power to impose fines on employers in order to achieve compliance with the law. The Committee also notes that the CRC, in its concluding observations of 4 November 2009, expressed concern that the labour inspectorate and police face shortages of qualified staff, adequate funds and training to carry out their mandates (CRC/C/MOZ/CO/2, paragraph 80). The Committee requests the Government to take the necessary measures, including through the allocation of additional resources, to adapt and strengthen the General Labour Inspectorate, in order to ensure that the protection established by the Convention is afforded to all children in the country. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected.

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 1, of the Convention. 1. Scope of application. (i) Children working on their own account and in the informal sector. In its previous comments, the Committee noted that, according to sections 1 and 2 of the Labour Law No. 23/2007 (Labour Law), the Law only applies in the context of a labour relationship. Noting the Government’s indication that, in Mozambique, there is no specific regulation governing children who are working outside of an employment relationship, the Committee reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. It requested the Government to provide information on the manner in which children who perform outside the framework of a labour relationship, such as children working on their own account, are afforded the protection established in the Convention. The Committee notes that article 121(4) of the Constitution of 2004 states that “child labour is prohibited, whether the child is of school age or any other age”, though observes that the Constitution does not define the term “child labour”. The Committee also notes the Government’s statement in its report to the Committee of the Rights of the Child (CRC) of 23 May 2009, that informal trade is one of the most common forms of labour in which children are involved in Mozambique (CRC/C/MOZ/2, paragraph 356). The Committee further notes the Government’s statement that the control mechanisms for child labour, such as labour inspection, are more effective in the formal than in the informal sector (CRC/C/MOZ/2, paragraph 359). The Committee requests the Government to clarify the meaning of the term “child labour” contained in article 121(4) of the Constitution. The Committee also requests the Government to take the necessary measures to strengthen the capacity of the general labour inspectorate, with regard to ensuring that self-employed children or children working in the informal sector are afforded the protection established in the Convention.

(ii) Special regimes. The Committee previously noted that section 3 of the Labour Law provides for special regimes governing employment relationships in domestic work, mining work, and rural work, and requested the Government to provide copies of the relevant legislation. The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes the Government’s statement in its report to the CRC that children are frequently forced to work in commercial agriculture and domestic work, and that domestic work is one of the most common forms of child labour in Mozambique. (CRC/C/MOZ/2, paragraphs 356 and 358). The Committee also notes that the 2006 study entitled “Assessment of child labour in small-scale tobacco farms in Mozambique”, conducted by the ECLT Foundation, with assistance from the ILO, indicates a high incidence of child labour in rural areas. This study, a survey of the small scale farms in tobacco producing areas of three provinces (Angónia, Chifunde and Niassa), indicated that 80 per cent of these farms used child labour (pages 10 and 16). The Committee also notes that this survey indicated that children were generally put to work at age 6, though noted that some children began work in this sector as early as 4 or 5 years of age (page 16). The Committee expresses its concern at the situation of young child domestic workers as well as children working in agriculture, and requests the Government to indicate the minimum age applicable in these sectors. Furthermore, the Committee again requests the Government to supply copies of the legislation governing employment relationships in domestic work, mining work and rural work.

2. Minimum age for admission to employment or work. The Committee previously noted that section 29(1) of the new Labour Law provides that “student employees” are employees who work under the authority and direction of an employer, and have permission from their employer to attend a course at an educational establishment to develop and improve their skills, particularly their technical and occupational skills. The Committee requested the Government to indicate the definition of the expression “student employees”. Noting an absence of information on this point in the Government’s report, the Committee again requests the Government to clarify the meaning of the term “student employee” contained in section 29(1) of the Labour Law, and to indicate the types of employment or work in which they could be engaged and the minimum age for admission to such work.

Article 2, paragraph 3. Age of compulsory schooling. The Committee previously observed that it appeared that no age of completion of compulsory schooling was set in national legislation, but that the information from UNESCO indicated that this age was 12 years. The Committee also noted the information in the Government’s report regarding several measures taken between 2000–06 to increase the school attendance rate and that the number of students enrolled in the first-level primary education (EP1), rose from 2.3 million in 2000 to 3.6 million in 2006. Moreover, a new basic education curriculum (consisting of seven basic education classes) was implemented in 2004. However, the Committee noted that, according to data from the UNESCO Institute of Statistics of 2005, the school enrolment rate was 73 per cent for girls and 80 per cent for boys at the primary school level, and was 6 per cent of girls and 8 per cent of boys at the secondary level. The Committee requested the Government to renew its efforts to improve the working of the education system, and to provide information on the impact of the measures taken.

The Committee notes 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 EP1 continued to rise, from 75 per cent in 2006 to 78 per cent in 2008. In secondary education, the gross rate of children who completed the seventh grade increased from 35 per cent in 2006 to 55 per cent in 2008 (CRC/C/MOZ/Q/2/Add.1, paragraph 55). The Committee also notes the Government’s indication that the number of students aged 6–18, enrolled in primary and secondary school rose from 4.39 million in 2006 to 5.23 million in 2008 (CRC/C/MOZ/Q/2/Add.1 paragraph 52). The Committee further notes the information in the Education for All Global Monitoring Report, issued by UNESCO in 2009, that the total number of out-of-school children at primary school age has dropped from 1,574,000 children in 1999 to 954,000 children in 2006. In addition, the Committee notes the information in the Government’s report to the CRC of 23 March 2009 that, to particularly encourage girls to attend school, the Government has adopted teacher training policies that prioritize the teacher training for women, and this contributed to the increase in the number of primary school teachers (CRC/C/MOZ/2, paragraph 306). The Committee notes the positive results with regard to the education of girl children: the net rate of schooling in primary education (from 6 to 12 years) for females increased from 86.3 per cent in 2006 to 96.2 per cent in 2008 (CRC/C/MOZ/Q/2/Add.1 paragraph 57).

However, the Committee notes the Government’s statement in its report to the CRC that, while the school network has been substantially expanded (with the number of EP1 schools rising from 7,071 in 2000 to 8,954 in 2006 and 9,649 in 2008), this growth did not keep pace with the growing number of children attending schools. Likewise, the number of teachers did not grow proportionately, with an average of 71 pupils per EP1 teacher in 2008 compared with 65 pupils per EP1 teacher in 2000 (CRC/C/MOZ/2, paragraph 299 and CRC/C/MOZ/Q/2/
Add.1, paragraph 54). The Committee encourages the Government to continue its efforts to strengthen the functioning of the education system to correspond with the growing numbers of children enrolled in school. It requests the Government to continue to provide information on the measures taken to increase the school attendance rate, particularly at the secondary level, and reduce the school drop-out rate, with special attention to the situation of girls. Furthermore, considering that compulsory education is one of the most effective ways of combating child labour, the Committee again requests the Government to indicate the age of completion of compulsory schooling in Mozambique, and whether there are provisions in national legislation which determine this age.

Article 3, paragraphs 1 and 2. Determination of hazardous types of employment or work. The Committee previously noted that section 23(2) of the Labour Law provides that employers shall not give minors under the age of 18 work that is unhealthy, dangerous or which requires great physical strength, as defined by the competent authorities, after consultation with trade union and employers’ organizations. It also noted that, by virtue of section 23(3) of the Labour Law, the normal working hours of minors between the ages of 15 and 18 shall not exceed 38 hours per week, up to a maximum of seven hours a day. The Committee further noted the Government’s indication that work was in progress to draw up specific legislation concerning the determination of hazardous types of work prohibited for children under the age of 18 years, within the framework of ongoing legal reforms.

The Committee notes the Government’s indication that the Labour Law does not specify the types of work, or the branches of activity, in which minors may be employed. The Committee also notes the Government’s statement that pursuant to the Labour Law, employers are obliged to adopt measures which ensure that minors enjoy decent working conditions that are appropriate for their age. However, the Committee notes an absence of information in the Government’s report on the status of the previously noted plans to draft specific legislation concerning the determination of hazardous work. In this regard, the Committee recalls that, by virtue of Article 3(2) of the Convention, the types of employment or work which, by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work prohibited for persons under the age of 18, in accordance with Article 3(2) of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 6. Vocational training and apprenticeship. The Committee previously noted that Chapter IV of the Labour Law regulates vocational training and apprenticeship. It noted that under section 248(3) of the Labour Law, enterprises or establishments may not admit minors under 12 years of age for apprenticeships. The Committee reminded the Government that Article 6 of the Convention authorizes work to be carried out by young persons aged at least 14 years of age, within the context of an apprenticeship programme, and requested the Government to provide information on measures taken in this regard. Noting an absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that no minor under 14 years of age will enter an apprenticeship programme, in conformity with Article 6 of the Convention.

Article 7, paragraphs 1 and 3. Light work. The Committee previously noted that, by virtue of section 21(1) of the Labour Law, an employment contract entered into directly with a minor between 12 and 15 years of age shall only be valid with the written authorization from the minor’s legal representative. It also noted that under section 26(2) of the Labour Law, the Council of Ministers shall issue a legal diploma establishing the nature and the conditions of work that may be performed, in exceptional circumstances, by minors of between 12 and 15 years of age. The Committee requested the Government to indicate measures taken to bring the Labour Law into conformity Article 7(1) of the Convention, by permitting light work only from 13 years onward. The Committee notes the Government’s statement that children between the ages of 12 and 15 may not be employed in work that is likely to be harmful to their health. The Committee notes an absence of information on measures taken to raise the minimum age of admission to light work and on measures taken by the competent authority to determine what constitutes light work activity.

In this regard, the Committee reminds the Government that under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons of 13–15 years of age on light work, provided that such work is not likely to harm their health or development, or prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also reminds the Government, that pursuant to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee requests the Government to take the necessary measures to bring the Labour Law into conformity with the Convention by permitting employment in light work only for children who have reached the age of 13 years. It also requests the Government to indicate whether light work activities, which children aged 13–15 may be authorized to undertake, have been determined, pursuant to section 26(2) of the Labour Law.

Article 9, paragraph 3. Employers’ registers. The Committee previously noted that the Labour Law does not prescribe the registers to be kept by employers. It reminded the Government that under Article 9(3) of the Convention, national laws or regulations or the competent authority must prescribe the registers concerning employees under the age of 18, which shall be kept and made available by the employer. The Committee requested the Government to provide information on the measures taken or envisaged to bring the national laws and regulations into line with the Convention. Noting an absence of information in the Government’s report on this point, the Committee requests the Government to take the necessary measures to ensure that national laws or regulations or the competent authority prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspection. The Committee notes the information in the Government’s report that the general labour inspectorate, which is attached to the Ministry of Labour, monitors the compliance of labour standards and has the power to impose fines on employers found to be in violation of the law. The Committee also notes the Government’s statement in its report to the CRC of 23 May 2009 that labour inspectors may obtain court orders or use the police in order to ensure implementation of the law with regard to child labour. However, the Committee notes the Government’s statement in this report, that the general labour inspectorate and the police have been faced with a shortage of qualified staff and adequate funds and training to carry out this mandate, especially in areas outside the country’s capital, where most of the violations occur (CRC/C/MOZ/2 paragraph 359). The Committee requests the Government to take the necessary measures to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is afforded to children working outside the country’s capital, including through the allocations of additional resources to the general labour inspectorate.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that 32.1 per cent of all children between the ages of 10 and 14 were working. The Committee also noted that the Government’s Action Plan for the Reduction of Absolute Poverty (2006–09) included measures for the protection of children.

The Committee notes the information in the Government’s report to the CRC of 23 May 2009, that the Employment and Professional Training Strategy (EEFP), which was approved in 2006, focuses on social development and the fight against poverty and will contribute to the elimination of child labour (CRC/C/MOZ/2, paragraph 365). The Committee also notes that, the EEFP includes the objective of developing awareness among business people on labour standards, and a programme to discourage child labour and raise awareness about sanctions for this offence is being implemented, in coordination with the labour inspectors (CRC/C/MOZ/Q/2/Add.1, paragraph 40). Further, within the scope of the EEFP, the National Institute of Employment and Professional Training is disseminating information on Conventions Nos 138 and 182, the Labour Law and other complementary legislation (CRC/C/MOZ/Q/2/Add.1, paragraph 41). In addition, the Committee notes that the EEFP is coordinated with the Child National Action Plan, which contains provisions relating to universal access to education and child labour prevention (CRC/C/MOZ/Q/2/Add.1, paragraph 42).

The Committee notes the information in the Technical Progress Report on the project for “Combating the worst forms of child labour in Portuguese speaking countries in Africa” of 30 July 2007 (ILO–IPEC TPR) that the Ministry of Labour planned to redo the 2000 survey on child labour in all provinces. The ILO–IPEC TPR indicates that 30 officials from the National Institute of Social Welfare and Employment of Professional/Vocational Training have been trained on data collection, processing, planning and budgeting in this regard. The Committee also notes the Government’s indication that, in rural Mozambique, children are frequently forced to work, due to chronic household poverty, lack of employment for adults, an unfavourable economic environment, lack of educational opportunities and gender inequalities. The Government indicates that HIV/AIDS orphans are frequently forced into child labour due to a lack of any family support (CRC/C/MOZ/2, paragraph 358). The Committee further notes the Government’s statement that much remains to be done in the area of child labour. The Committee expresses its concern at the situation of young children in Mozambique who have to work out of personal need and therefore strongly encourages the Government to redouble its efforts to combat child labour and improve the situation gradually. The Committee requests the Government to continue to provide information on measures taken within the EEFD and the National Plan of Action on Children, and their impact on the progressive abolition of child labour. The Committee also requests the Government to provide information from the surveys conducted on child labour in all provinces, in addition to any other information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons, extracts of inspection reports and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the adoption of Law No. 23/2007, of 1 August 2007, which promulgates the Labour Law. The Committee draws the Government’s attention to the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. (i) Children working on their own account and in the informal sector. In its previous comments, the Committee had noted that, according to sections 1 and 2 of the Labour Act, the Act only applies to a labour relationship. It had requested the Government to provide information on the manner in which children who are not covered by an employment relationship, such as children working on their own account, are afforded the protection established in the Convention. The Committee notes the Government’s information that, in Mozambique, there is no specific regulation governing children who are not covered by an employment relationship. It reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. It therefore requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, those who work on their own account, are covered by the protection provided by the Convention. The Committee also requests the Government to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is ensured for children working on their own account and those working in the informal sector.

(ii) Special regimes. The Committee notes that section 3 of the Labour Law provides for special regimes governing employment relationships in domestic work, work in the home, mining work, and rural work. It requests the Government to provide copies of the regulations governing these types of work.

2. Minimum age for admission to employment or work. The Committee notes that section 29(1) of the new Labour Law provides that “student employees” are employees who work under the authority and direction of an employer, and have permission from their employer to attend a course at an educational establishment to develop and improve their skills, particularly their technical and occupational skills. The Committee requests the Government to indicate the definition of the expression “student employees”, the types of employment or work in which they could be engaged and the minimum age for admission to that work.

Article 2, paragraph 3. Age of compulsory schooling. The Committee previously noted that no age of completion of compulsory schooling appears to have been set in national laws or regulations but that, according to information available at UNESCO, that age is 12 years. The Committee also noted that, in its concluding observations of April 2002 (CRC/C/15/Add.172, paragraphs 56 and 57), the Committee on the Rights of the Child, while taking note of the significant efforts made by the Government in education, remained concerned, in particular, at the fact that insufficient effort had been made to implement the principle of compulsory education. Enrolment in formal education, which stood at 81.3 per cent in 1998, remained low, with particular gravity in certain regions of the country, and only a very small proportion of children enrolled in, and completed, secondary education.

The Committee takes due note of the detailed information provided by the Government in its report regarding activities which were carried out from 2000 to 2006 in order to increase the school attendance rate. It particularly notes that new teachers have been appointed and trained; and the internal efficiency of the school system has been improved. Other measures have also been taken, such as the allocation of grants to the most deprived students and the exemption from fees and taxes for students without any financial means, particularly in areas with an acute incidence of poverty. The Committee notes that, according to the Government’s statistical information for 2006 and 2007 regarding the first-level primary education (EP1), there was a notable increase in the gross schooling rate, from 135.3 per cent to 142.1 per cent, and the net enrolment rate, from 88.3 per cent to 95.1 per cent. The number of students enrolled in the EP1, passed from 2.3 million in 2000 to 3.6 million in 2006. Furthermore, since 2004, the new basic education curriculum has been implemented which notably consists of the integration of seven basic education classes. The Committee notes that Mozambique is implementing the UNESCO Literacy Initiative for Employment, a ten-year initiative aimed at achieving the goals of the United Nations Literacy Decade (2003–12). It also notes that the Government has established an Action Plan for the Reduction of Absolute Poverty (2006–09), one of whose objectives is to expand access to education and improve its efficiency, paying particular attention to girls, children with special educational needs, orphans, and children from rural areas.

The Committee greatly appreciates the steps taken by the Government to improve the education system in the country, steps that it considers as an affirmation of a political will to develop strategies to combat this problem. However, the Committee notes that, according to data from the UNESCO Institute for Statistics of 2005, the school enrolment rate at the primary school level is 73 per cent of girls and 80 per cent of boys, and at the secondary level is 6 per cent of girls and 8 per cent of boys. In this regard, the Committee observes that poverty is one of the prime causes of child labour and when it combines with a deficient education system, it hampers children’s development. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system. It requests the Government to provide information on the impact of the above measures in terms of increasing the school attendance rate, particularly at the secondary level which is extremely low, and reducing the school drop-out rate, with special attention to the situation of girls. Finally, the Committee once again asks the Government to indicate the age of completion of compulsory schooling and the provisions of the national legislation which determine this age.

Article 3, paragraphs 1 and 2. Determination of hazardous types of employment or work. Referring to its previous comments, the Committee notes that section 23(2) of the Labour Law provides that employers shall not give minors under the age of 18 work that is unhealthy, dangerous or which requires great physical strength, as defined by the competent authorities, after consultation with trade union and employers’ organizations. It also notes that, by virtue of subsection (3) of section 23 of this Law, the normal working hours of minors between the ages of 15 and 18 shall not exceed 38 hours per week, up to a maximum of seven hours a day. The Committee notes the Government’s information that work is in progress to draw up specific legislation concerning the determination of hazardous types of work prohibited to children under the age of 18 years in the framework of the legal reform under way in the country. The Committee hopes that the specific legislation determining the types of hazardous work prohibited to children under the age of 18 years will be elaborated and adopted soon and requests the Government to provide information on any progress made to this end.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted that the national legislation appears to contain no provisions regulating vocational training and apprenticeship. The Committee notes that Section IV of the Labour Law regulates vocational training and apprenticeship. More particularly, it notes that under section 248(3) of this Law, enterprises or establishments may not admit minors under 12 years of age for apprenticeships. The Committee reminds the Government that Article 6 of the Convention authorizes work to be carried out by young persons aged at least 14 years within the context of an apprenticeship programme. Accordingly, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that no minor under 14 years of age will enter an apprenticeship programme, in conformity with Article 6 of the Convention.

Article 7, paragraphs 1 and 3. Light work. Following its previous comments, the Committee notes that, by virtue of section 21(1) of the new Labour Law, an employment contract entered into directly with a minor between 12 and 15 years of age shall only be valid with the written authorization from the minor’s legal representative. It also notes that under section 26(2) of the Labour Law, the Council of Ministers shall issue a legal diploma establishing the nature and the conditions of work that may be performed, in exceptional circumstances, by minors of between 12 and 15 years of age. The Committee reminds the Government that under Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of persons of 13 to 15 years of age on light work, provided that such work is not likely to harm their health or development and is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee requests the Government to provide information on the measures taken or envisaged to bring section 21(1) of the Labour Law into conformity with the Convention by permitting employment in light work only by young persons who have reached the age of 13 years. It also requests the Government to indicate whether light work activities, which children aged 13 to 15 may be authorized to undertake, have been determined pursuant to section 26(2) of the Labour Law.

Article 9, paragraph 3. Employers’ registers. Following its previous comments, the Committee notes that the Labour Act, 2007, does not prescribe the registers to be kept by employers. It reminds the Government that under Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority must prescribe the registers or other documents which shall be kept and made available by the employer. Such registers or documents must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he or she employs or who work for him or her and who are less than 18 years of age. The Committee once again requests the Government to provide information on the measures taken or envisaged to bring the national laws and regulations into line with the Convention on this point.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee had noted the information supplied by the Government concerning the child labour situation in Mozambique. It had also noted from statistics available at the Office that 32.1 per cent of children aged from 10 to 14 years work. The Committee had noted in particular that, according to the Government, the factors that encourage children to work include growing poverty, high unemployment, the failure of family assistance, changes in the economy, migration, dwindling school attendance and HIV/AIDS.

The Committee notes from the Technical Progress Report on the ILO/IPEC project (hereafter Technical Progress Report), entitled “Combating the worst forms of child labour in Portuguese-speaking countries in Africa” of 2006, that a study on child labour in Mozambique will be produced, and 200 girls and boys will be directly prevented from becoming child labourers and 800 members in communities of origin, including children’s families, will be trained/sensitized on the issue of child labour to monitor the situation in their localities and to detect girls and boys at risk. The Committee also notes that the Government has established an Action Plan for the Reduction of Absolute Poverty (2006–09) which, amongst others, take into account the protection of children. The Committee expresses its concern at the situation of young children in Mozambique who have to work out of personal need and therefore strongly encourages the Government to redouble its efforts to combat child labour and improve the situation gradually. The Committee requests the Government to provide information on the implementation of the ILO/IPEC project to combat the worst forms of child labour and the Action Plan for the Reduction of Absolute Poverty, and the results achieved in terms of the progressive abolition of child labour. The Committee also requests the Government to provide a copy of the study on child labour in Mozambique and to supply specific information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons, extracts of inspection reports and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information sent by the Government in its first report. It notes in particular that Act No. 8198 of 20 July 1998 (the "Labour Act") is being revised. It requests the Government to provide information on progress made in the revision.

Article 2, paragraphs 1 and 3, of the Convention. 1. Scope. The Committee notes that, according to sections 1 and 2 of the Labour Act, the Act applies only to a labour relationship. It reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not performed within an employment relationship and whether or not remunerated. The Committee accordingly requests the Government to provide information on the manner in which children who are not covered by an employment relationship, such as children working on their own account, are afforded the protection established in the Convention.

2. Specification of a minimum age for admission to employment or work. The Committee notes from the information supplied by the Government in its report that 15 years was specified as the minimum age for admission to employment or work after consultation with the social partners during the revision of the Labour Act. The consultation was held pursuant to the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that no age of completion of compulsory schooling appears to have been set in national laws or regulations. However, it notes from information available at UNESCO that the age is 12 years. The Committee also notes that in its concluding observations (CRC/C/15/Add.172, paragraphs 56 and 57) on the Government’s initial report of April 2002, the Committee on the Rights of the Child took note of the significant efforts made by the Government in education, including increases in primary school enrolment rates, the adoption of measures to improve girls’ access to education and to train teachers, and the fall in repetition and drop-out rates. The abovementioned Committee nonetheless remained concerned at the fact that: (a) the education system needs more financial resources; (b) despite some improvement, literacy rates among children remain low; (c) insufficient effort has been made to implement the principle of compulsory education; (d) enrolment in formal education, which stood at 81.3 per cent in 1998 according to the Government’s initial report, remains low, with particular gravity in certain regions of the country, and only a very small proportion of children enrol in, and complete, secondary education. Among other actions the abovementioned Committee recommended that the Government: (a) raise the education budget to the maximum of available resources, including through the additional international cooperation; (b) raise the proportion of child enrolment in primary school and completion of compulsory education, making every effort to provide free compulsory education to all children, including free text books, uniforms and transport between school and home for disadvantaged children and families; and (c) take steps to significantly increase the numbers of children completing secondary education.

In view of the foregoing, the Committee observes that children under 15 years of age - which is lower than the minimum age for admission to employment or work - are able not to attend school. In the Committee’s view, compulsory education is one of the most effective ways of combating child labour. If the school-leaving age and the age for admission to employment do not coincide, a number of problems can arise. The Committee considers it desirable for the age of completion of compulsory schooling to coincide with the minimum age for admission to employment or work, as suggested in Paragraph 4 of Recommendation No. 146, in order to avoid a period of forced idleness. The Committee requests the Government to provide information on the measures it has taken or envisaged, with the prevention of child labour in mind, to increase school attendance and reduce the school drop-out rate. It also asks the Government to indicate how compulsory school attendance is monitored in practice and to provide information on school enrolment and attendance rates.

Article 3, paragraphs 1 and 2. Determination of hazardous types of employment or work. The Committee notes that under section 80(2) of the Labour Act, activities that are dangerous or unhealthy, or that require great physical strength, as determined by the competent authority, in consultation with the employers’ and workers’ organizations, should not be entrusted to children under 18 years of age. The Committee notes that the definition of types of employment or work that are dangerous does not refer to activities liable to harm the morals of minors under 18 years of age. It also notes that the competent authority does not appear to have determined the activities which are dangerous or unhealthy or that demand great physical strength. The Committee reminds the Government that under Article 3, paragraph 1, of the Convention, the prohibition on the performance of hazardous work includes work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons under the age of 18. It also reminds the Government that under Article 3, paragraph 2, of the Convention, the types of employment or work which are hazardous shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers’ and workers’ concerned. The Committee requests the Government to provide information on the measures taken or envisaged to determine the types of employment or work that are hazardous, in accordance with Article 3, paragraph 2, of the Convention. It hopes that in so doing the Government will take account of work which, by its nature or the circumstances in which it is carried out, is liable to jeopardize the morals of young persons under the age of 18.

Article 6. Vocational training and apprenticeship. The Committee notes that the national legislation appears to contain no provisions regulating vocational training and apprenticeship. It draws the Government’s attention in this connection to Article 6 of the Convention, under which the Convention need not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, or work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority after consultation with the organizations of employers’ and workers’ concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training.

Article 7, paragraphs 1 and 3. Permission for employment in light work. The Committee notes that under section 79(1) of the Labour Act, employers are prohibited from hiring minors under 15 years of age unless they obtain a waiver issued jointly by the Ministry of Labour, Ministry of Health and Ministry of Education, with the consent of the minors’ legal representatives. It also notes that under section 79(2), the nature of the work and the terms and conditions of employment for children 12 to 15 years old shall be set by authorization of the Ministries of Labour, Health and Education. The Committee reminds the Government that under Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of persons of 13 to 15 years of age on light work, provided that such work is not likely to harm their health or development and is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee requests the Government to take steps to determine the activities in which children aged 13 to 15 may be authorized to undertake light work. It also requests the Government to indicate whether any such permits have been granted and to provide information on the nature of the work and the conditions of employment.

Article 8. Artistic performances. The Committee observes that the national legislation appears to contain no provisions regulating artistic performances. It notes that under Article 8 of the Convention, exceptions to the minimum age of admission to employment or work (15 years in Mozambique) may be allowed after consultation with the organizations of employers’ and workers’ concerned, for activities such as public performances subject to individual authorization being obtained. Authorization so granted must limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to indicate whether, in practice, children under the age of 15 participate in such activities.

Article 9, paragraph 3. Employers’ registers. The Committee notes that the national laws and regulations appear not to prescribe the registers to be kept by employers. It reminds the Government that under Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority must prescribe the registers or other documents which shall be kept and made available by the employer. Such registers or documents must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs or who work for him and who are less than 18 years of age. The Committee requests the Government to supply information on the measures taken or envisaged to bring the national laws and regulations into line with the Convention on this point.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee notes the information supplied by the Government in its report concerning the child labour situation in Mozambique. It notes in particular that, according to the Government, the factors that encourage children to work include growing poverty, high unemployment, the failure of family assistance, changes in the economy, migration, dwindling school attendance and HIV/AIDS. The Government also indicates that children work to make an economic contribution to the family. The Committee also notes that the activities in which children are employed in Mozambique are: housework and subsistence farming, the sale of agricultural goods and selling for others, and domestic work. According to the Government, this work adversely affects the children’s physical, mental and social development.

The Committee notes that in 1999, the Ministry of Labour, together with UNICEF, published a rapid assessment of work done by children under the age of 18 in Mozambique. According to the assessment, most child workers are from 12 to 15 years of age. The majority of them began working before age 12. It also indicates that many of these children work more than eight hours a day and sometimes for as long as 12 or even 14 hours, seven days a week. The Committee also notes from statistics available at the Office that 32.1 per cent of children aged from 10 to 14 years work. The Committee is concerned at the situation of young children in Mozambique who have to work out of personal need. It therefore asks the Government to step up its efforts to improve the situation gradually, inter alia, by adopting a national policy designed to secure the effective abolition of child labour and to provide detailed information on measures taken in this regard. It also invites the Government to provide specific information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons, extracts of inspection reports and information on the number and nature of contraventions reported.