Worst Forms of Child Labour Convention, 1999 (No. 182) - Mozambique (Ratification: 2003)

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

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Children in domestic work.The Committee once again requests the Government to provide information on the application in practice of Decree No. 67 of 2017, including the number of violations, investigations and penalties applied in relation to the employment of children under 18 years in hazardous domestic work.

Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. 1. Orphans and other vulnerable children. Following its previous comments, the Committee notes the Government’s information that it continues to work on ensuring that all children, including orphans and other vulnerable children, through basic social assistance programmes and free education. The Government indicates that it has assisted 1,146,503 families living in vulnerable situations (462,252 through the Basic Social Subsidy Programme, 1,174,018 through the Direct Social Support Programme, 11,841 through the Social Units Assistance Programme and 100,502 through the Productive Social Action Programme). Recalling once again that orphans and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to provide information on the number of child orphans or other vulnerable children who have benefited from the social assistance programmes and thus been prevented from engaging in, or withdrawn from, the worst forms of child labour. It requests the Government to continue providing information on the measures taken to protect these children from the worst forms of child labour.

2. Street children and begging. Following its previous comments, the Committee notes the Government’s indication that there is currently no data available regarding the number of street children subjected to hazardous work and begging in the country, and that it may be possible to provide this data in subsequent reports. The Committee once again requests the Government to take the necessary measures to ensure that the prohibition on hazardous types of work by children on the streets is effectively enforced and to indicate the number and type of violations detected and the penalties imposed. It urges the Government to take the necessary measures to obtain information on the number of street children and child victims of begging who have been rehabilitated and reintegrated through the action programmes implemented by the Government, and to communicate this information in its next report.

3. Migrant children. The Committee notes with regret the lack of information in the Government’s report concerning the large number of migrant children exposed to hazardous working conditions in mines, construction sites and quarries, market vending or as domestic or sex workers and their vulnerability to trafficking and forced labour. The Committee notes, however, that the International Organization for Migration (IOM) is implementing the IOM Country Strategy 2021–23. In this framework, the achievement of several objectives is intended, including: (i) fostering the availability, accessibility and uptake of responsive health services for migrant populations; (ii) optimizing the benefits of labour migration while ensuring the protection of migrant workers and their families; and (iii) contributing to upholding the rights of migrants in accordance with international laws and standards, including by strengthening the child protection system for unaccompanied and separated migrant children. The Committee once again recalls that migrant children may be particularly vulnerable to the worst forms of child labour and requests the Government to provide information on the impact of the IOM Country Strategy or of any other measure on ensuring that these children are protected from the worst forms of child labour, and to provide information on the results achieved.

4. Displaced children. The Committee notes that, according to the Humanitarian Situation Report No. 9 of September 2022 by UNICEF, armed violence has triggered new waves of displacement in northern Mozambique. By June 2022, an estimated 520,579 children were displaced and in need of humanitarian assistance. The Committee further notes that, according to the IOM, the insecurity in Northern Mozambique, caused by the proliferation of Transnational Organized Crime and Non-State Armed Groups operating in the North of the country and along the main trade corridors, has triggered the displacement of over 946,000 persons. In this regard, the IOM is supporting the Government to improve community safety and strengthen border security, contributing to peace and stability in Northern Mozambique. Considering that internally displaced children are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to provide information on the impact of the action undertaken by the Government and IOM – and of any other effective and time-bound measure adopted to this end - to protect these children from these worst forms of child labour. It requests the Government to provide information on the measures taken in this respect and the results achieved.

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

Articles 3(a), 5 and 7(1) of the Convention. Worst forms of child labour. Sale and trafficking of children, monitoring mechanisms and penalties. Following its previous comments, the Committee notes the information contained in the Government’s report according to which the Specialized Unit for Trafficking in Persons, Illegal Immigration and Child Protection (SUTP) of the National Criminal Investigation Service (SERNIC) has carried out prevention interventions throughout the country. The Government indicates that awareness-raising presentations aimed at front-line officials from the SERNIC, the Department for the Assistance of Women and Child Victims of Violence, border control police, and the Customs Service and the National Migration Service have been held in coordination with other State institutions, non-governmental organizations and the International Organization on Migration (IOM). The Committee further notes the information contained in the Government’s report under the Forced Labour Convention (No. 29), 1930, according to which other measures have been taken to reinforce the capacities of anti-trafficking authorities, including the production and distribution of handbooks containing procedures for assisting victims of violence, including trafficking victims; weekly technical training sessions provided to police sub-units, addressing various issues including trafficking in persons; and training sessions and short courses held by the SUTP for its focal points throughout Mozambique in order to improve techniques for detecting cases, arresting traffickers and rescuing victims as well as criminal investigation methods. The Committee notes the Government’s indication that, in 2021, SERNIC recorded four cases of livestock grazing in Eswatini and the forced labour and sexual exploitation of children in South Africa, both involving Mozambican children. The children involved in these cases, all of whom were girls, were rescued and brought back to their families. The Government also provides statistics on the cases of sexual abuse of minors recorded by SERNIC (299 cases in 2022), but it is unclear whether those cases are related to trafficking or commercial sexual exploitation. Moreover, the Committee observes with regretthat the Government does not provide any information on the number of prosecutions, convictions and penalties applied in cases of trafficking of children for commercial sexual or labour exploitation. The Committee therefore requests the Government to take measures to ensure that thorough investigations and prosecutions of perpetrators of the sale and trafficking of children are carried out. The Committee also once again requests the Government to provide information on the practical application of the Trafficking in Persons Act 2008, including information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in cases involving children under the age of 18 years.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Following its previous comments, the Committee notes the Government’s information, in its report, that specific and coordinated interventions have been implemented by the relevant bodies, namely the national police and the SERNIC, to remove children from situations that are harmful to their health and development, including from areas where child prostitution is practised. The Committee notes, however, that the Government does not provide information on measures taken to ensure that persons who use, procure or offer children for the purposes of prostitution or pornography are effectively punished through appropriate criminal penalties (see 2012 General Survey on the fundamental Conventions, paragraphs 637–639). The Committee, therefore, urges the Government to take the necessary measures to ensure that appropriate criminal penalties which constitute an effective deterrent are established for the offences related to the use, procuring or offering of a child for prostitution and for the production of pornography or for pornographic performances. The Committee asks the Government to provide information on the measures taken in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information regarding the results achieved through the implementation of the National Action Plan to Combat the Worst Forms of Child Labour (NAP) 2017-22, including: (i) the enrolment of 7,395,512 students in full primary education by 2022 (73 per cent of the overall target); (ii) the construction of 1,183 primary classrooms, benefitting more than 130,000 students (35 per cent of overall target); and (iii) the provision of school meal programmes that benefited 206,158 students in 42 districts and 340 schools.

While taking due note of this information, the Committee observes that most measures taken appear to only benefit children at the level of primary education. In this regard, it recalls that, according to a 2021 UNICEF report on the situation of children in Mozambique, the net attendance rate at the secondary level was just 20 per cent for boys and girls between the ages of 13 and 17 years in 2017, with the lowest rates appearing in the North of the country. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to improve the functioning of the educational system, particularly by increasing the enrolment, attendance and completion rates at the lower secondary level. It requests the Government to provide information on the measures adopted and the results achieved in this regard.

Application of the Convention in practice. The Committee notes with regret that the Government does not provide up-to-date data on the situation of working children, including those involved in the worst forms of child labour, in Mozambique. The Committee urges the Government to take the necessary measures to ensure that sufficient data on the situation of working children, including those involved in the worst forms of child labour in Mozambique, is made available. It also once again requests the Government to supply information on the number of investigations, prosecutions, convictions and penalties applied for offences related to the worst forms of child labour. To the extent possible, all information provided should be disaggregated by age and gender.

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

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

Articles 3(a), 5 and 7(1) of the Convention. Sale and trafficking of children, monitoring mechanisms and penalties. The Committee had noted in its earlier comments that section 10 of the Trafficking Act of 2008, prohibits trafficking of persons for labour and sexual exploitation and section 5(a) makes it an aggravating circumstance of the crime, if the victim of the trafficking is a child under 18 years of age. It also noted the Government’s information on the training courses provided for police officers, customs and immigration officials and border police on how to identify cases of trafficking and how to protect victims of trafficking. However, it noted that the Government lacked procedures to identify victims of child trafficking and that the Ministries of Justice and Interior, including the police, had insufficient financial and human resources to improve their effectiveness in enforcing laws pertaining to trafficking in children.

The Committee notes the Government’s indication in its report that it is taking steps to better address this issue. It notes, however, the information contained in a UNICEF publication of 2016, entitled “Child and social protection: Current situation”, that Mozambique is a source, transit and to a lesser extent, destination country, for men, women and children subjected to forced labour and sex trafficking. The Committee therefore requests the Government to provide information on the measures taken to strengthen the capacities of the law enforcement agencies to combat the trafficking of children under 18 years of age and to ensure that thorough investigations and prosecutions of perpetrators of the sale and trafficking of children are carried out. The Committee also requests the Government to provide information on the practical application of the Trafficking in Persons Act 2008, including information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in cases involving children under the age of 18 years.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the measures taken by the Government to improve the education system, such as the National School Meals Programme in order to improve the school enrolment and retention rates and to encourage attendance at school, in particular among girls. It notes that a significant number of children benefited from this programme. However, noting with concern that the net enrolment rate (NER) at the secondary level was 18.3 per cent in 2013, the Committee requested the Government to take the necessary measures to strengthen its efforts to improve the functioning of the educational system, particularly by increasing the secondary school enrolment, attendance and completion rates and decreasing the drop-out rates.

The Committee notes the Government’s information that one of the objectives of the newly adopted National Action Plan (NAP) to Combat the Worst Forms of Child Labour, 2017–22 is to improve the functioning of the educational system, with the target set to enrol 1 million children in primary education by 2019, construct 2,885 classrooms and provide school meals to 107,731 students. In this regard, the Committee, notes from the UNICEF statistics of 2017 that the NER in the primary level was 87.54 per cent and the number of out-of-school children was 728,531. Moreover, the gross enrolment rate at the secondary level remained low at 34.92 per cent. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to improve the functioning of the educational system, particularly by increasing the primary and secondary school enrolment, attendance and completion rates and decreasing the drop-out rates. It requests the Government to provide information on the measures adopted, including the concrete measures taken within the framework of the NAP 2017–22, and the results achieved in this regard.

Clause (d). Reaching out to children at special risk. 1. Street children and begging. In its previous comments, the Committee noted the Government’s strategy with regard to children in difficult situations, including street children, which involves action programmes to locate and reunify them with their families, reintegrate them into community life, provide socio-economic support and income-generating projects for such families and communities, as well as social protection programmes for abandoned children and their families through the Social Action Services Programme adopted by Decree No. 52 of October 2011. It also noted the Government’s information that there were 176 such shelter centres in Mozambique which provide education, occupational training activities, health and psychosocial care to street children.

The Committee notes that work on the streets is prohibited to children under the age of 18 years as per Decree No. 67/2017 on the List of Work Considered Hazardous for Children. The Decree lists certain types of work on the streets that are harmful to children under 18 years, such as: carrying heavy loads; repairing automobiles without proper protection; sweeping, garbage collection and recycling without proper protection; providing street services such as shoe shining and street vending for more than seven hours; and night work. The Committee requests the Government to take the necessary measures to ensure that the prohibition on hazardous types of work by children on the streets is effectively enforced and to indicate the number and type of violations detected and the penalties imposed. It also requests the Government to pursue its efforts to protect street children from the worst forms of child labour and to provide for their rehabilitation and reintegration. Lastly, it requests the Government to provide information on the number of street children and child victims of begging who have been rehabilitated and reintegrated through the action programmes implemented by the Government, as well as through the social protection programmes under the Social Action Services Programme of 2011.

2. Migrant children. The Committee notes that the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, in its concluding observations of 16 October 2018, expressed concern about the large number of migrant children exposed to hazardous working conditions in mines, construction sites and quarries, market vending or as domestic or sex workers and their vulnerability to trafficking and forced labour (CMW/C/MOZ/CO/1, paragraph 31(b)). The Committee recalls that migrant children may be particularly vulnerable to the worst forms of child labour and requests the Government to take effective and time-bound measures to ensure that these children are protected from the worst forms of child labour, and to provide information on the results achieved.

Application of the Convention in practice. The Committee previously observed that there were no available statistics relating to children engaged in the worst forms of child labour in Mozambique. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children, including those involved in the worst forms of child labour in Mozambique, is made available. It also requests the Government to supply copies or extracts from official documents including studies and inquiries, as well as information on the number of investigations, prosecutions, convictions and penalties applied for offences related to the worst forms of child labour. To the extent possible, all information provided should be disaggregated by age and gender.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that the national legislation does not prohibit the use, procuring or offering of a person under 18 years for prostitution, the production of pornography or for pornographic performances. The Committee urged the Government to take the necessary measures to ensure the adoption of legislation prohibiting the use, procuring and offering of a person under 18 years of age for prostitution, for the production of pornography or for pornographic performances in accordance with Article 3(b) of the Convention, as a matter of urgency.

The Committee notes with interest the Government’s information that the use of children under the age of 18 years for prostitution and for the production of pornography or for pornographic performances is prohibited in accordance with Decree No. 67/2017 on the List of Work Considered Hazardous for Children. The Committee notes, however, that the sanctions prescribed under section 3(1) and (2) of the Decree concern only fines (amounting to five or ten times the minimum wage for that activity, and ten to 20 times the minimum wage for the offences related to the worst forms of child labour). In this regard, the Committee refers to Paragraph 12 of Recommendation No. 190 which provides that member States should provide that the worst forms of child labour, such as the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, are criminal offences. The Committee, therefore, requests the Government to take the necessary measures to ensure that appropriate criminal penalties which constitute an effective deterrent are established for the offences related to the use, procuring or offering of a child for prostitution and for the production of pornography or for pornographic performances. The Committee asks the Government to provide information on the measures taken in this regard.

Clause (d). Hazardous work. Children in domestic work. The Committee previously noted that section 4(2) of the Regulations on Domestic Work (No. 40) of 2008, prohibits employers from employing a person under 15 years of age in domestic work. It observed, however, that these Regulations did not address the issue of hazardous domestic work by children. In this regard, the Committee noted that children, particularly young girls, engaged in domestic work, were often victims of exploitation, worked in dangerous situations up to 15 hours a day and were subject to physical abuse. Noting with concern the situation of children working as domestic workers, the Committee urged the Government to take immediate and effective measures to protect these children from hazardous types of work.

The Committee notes with satisfaction that domestic work is one of the types of activities listed in Decree No. 67/2017 on the List of Work Considered Hazardous for Children and which is prohibited to children under the age of 18 years. The Decree lists certain domestic activities that are hazardous to children under 18 years, such as: long hours of work; night work; garden work with sharp objects; exposure to adverse climatic conditions; use of agro-toxic substances; work in inappropriate postures; and work in isolation and out of public view. The Committee requests the Government to provide information on the application in practice of Decree No. 67 of 2017, including the number of violations, investigations and penalties applied in relation to the employment of children under 18 years in hazardous domestic work.

Article 4(1). Determination of hazardous types of work. With regard to this point, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. Orphans and other vulnerable children. In its previous comments, the Committee noted the efforts taken by the Government to enhance the protection of vulnerable children such as: the Basic Social Assistance Programme and the National Basic Social Security Strategy (ENSSB) which aims to provide financial assistance to households who have members who are not fit to work or who have orphaned children. It also noted the significant number of children who had been benefiting from these programmes. Moreover, the Committee noted from the 2014 Global AIDS Response Progress Report for Mozambique (GARP Report) that since 2011 there had been a high level of political support for orphans and other vulnerable children and an increase in the number of interventions which produced positive results in terms of support and access to education of orphans and other vulnerable children. However, it noted from the UNAIDS estimates of 2014 that there were 610,000 children below the age of 17 years who had been orphaned due to AIDS.

The Committee notes that the Government’s report contains no information with regard to the measures taken to protect orphans and other vulnerable children from the worst forms of child labour. It notes that according to the latest data of the UNAIDS, 2017 an estimated 920,000 children under the age of 17 years are orphans due to AIDS in Mozambique. Recalling once again that orphans and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts to ensure that such children are protected from the worst forms. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

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 5 of the Convention. Monitoring mechanisms and application of the Convention in practice. 1. Trafficking. In its previous comments, the Committee noted the Government’s information on the training courses provided for police officers, customs, immigration officials and border police on how to identify cases of trafficking and how to protect victims of trafficking. However, it noted that the Government lacked procedures to identify victims of child trafficking and that the Ministries of Justice and Interior, including the police, have insufficient financial and human resources to improve their effectiveness in enforcing laws pertaining to trafficking in children. Noting the absence of information in the Government’s report, the Committee once again requests the Government to strengthen its efforts, including through the allocation of additional resources, to strengthen the capacity of law enforcement agencies to combat the trafficking of persons under 18 years of age. It requests the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of perpetrators of the sale and trafficking of children are carried out. The Committee further requests the Government to continue to provide information on the practical application of the Trafficking in Persons Act 2008, including information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in cases involving children under the age of 18 years.

2. Data collection and labour inspectorate. The Committee previously observed that there were no available statistics relating to children engaged in the worst forms of child labour in Mozambique. It also noted that Mozambique was one of the countries participating in the ILO–IPEC 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. Noting the absence of information in the Government’s report, the Committee once again urges the Government to strengthen its efforts, in collaboration with ILO–IPEC, to combat the worst forms of child labour in Mozambique. In this regard, it requests the Government to ensure that the relevant monitoring mechanisms, including the labour inspectorate and police, are allocated sufficient resources to carry out their mandate so as to eliminate the worst forms of child labour effectively. Lastly, it requests the Government to take measures to ensure that sufficient up-to-date data on the worst forms of child labour are made available. To the extent possible, all information provided should be disaggregated by sex and age.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the various measures taken by the Government to improve the education system, particularly with regard to school attendance rates and initiatives to improve girls’ education. Noting the UNESCO statistics on the school enrolment rates at primary and secondary levels, the Committee requested the Government to strengthen its efforts to improve the functioning of the educational system, particularly by increasing secondary school enrolment and attendance rates and decreasing the drop-out rates, and to provide information on the measures taken in this regard.

The Committee notes from the Government’s report submitted under the Minimum Age Convention, 1973 (No. 138), that the Council of Ministers approved the National School Meals Programme in 2012 in order to improve the school enrolment and retention rates and to encourage attendance at school, in particular among girls. The Government’s report also indicates that in 2014, 14,141 children benefited from this programme. The Committee notes, however, that according to the UNESCO statistics, the net enrolment rate at the primary level was 87.4 per cent in 2013, while the net enrolment rate was 18.3 per cent at the secondary level. The Committee notes with concern the low enrolment rates at the secondary level. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take the necessary measures to strengthen its efforts to improve the functioning of the educational system, particularly by increasing the secondary school enrolment, attendance and completion rates and decreasing the drop-out rates. It requests the Government to provide information on the measures adopted and the results achieved in this regard.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. 1. Sale and trafficking of children for labour and sexual exploitation. The Committee previously noted that the Committee on the Rights of the Child (CRC) expressed concern at the limited resources available to protect victims of trafficking and the absence of safe houses and of a formal referral system for victims of trafficking (CRC/C/MOZ/CO/2, paragraph 86). It also noted the Government’s indication that in March 2012, the Parliament of Mozambique approved a draft bill on the protection of victims and witnesses of all crimes, including victims of trafficking. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the effective and time-bound measures taken or envisaged, pursuant to the adoption of the draft bill on the protection of victims of all crimes, for the rehabilitation and social integration of child victims of trafficking. The Committee also requests the Government to provide information on the number of child victims of trafficking who have been effectively removed, rehabilitated and reintegrated as a result of the measures implemented.

2. Debt bondage. In its previous comments, the Committee noted the information from ILO–IPEC that children in rural areas are sometimes used to settle financial and other disputes, with families sending their children to work for periods of time to settle debts. In this regard, it noted that the CRC, in its concluding observations, expressed concern at the continued practice of sending children to work to settle families’ financial debts and other obligations and urged the Government to take measures to end this practice (CRC/C/MOZ/CO/2, paragraph 65). Noting an absence of information on this point in the Government’s report, the Committee once again urges the Government to take immediate and effective time-bound measures, to bring an end to the practice of sending children to work to settle debts and to provide for the rehabilitation and social integration of children who have been victims of this practice. It requests the Government to provide information on the measures taken in this regard.

Clause (d). Reaching out to children at special risk. Street children and begging. In its previous comments, the Committee noted the Government’s strategy with regard to children in difficult situations, including street children, which involves action programmes to locate and reunify them with their families, reintegrate them into community life, provide socio-economic support as well as income-generating projects for such families and communities. It also noted the Government’s information that there were 176 such shelter centres in Mozambique which provide education, occupational training activities, health and psychosocial care to street children. Moreover, it noted the Government’s indication that the social protection programmes for abandoned children and their families would be continued through the Social Action Services Programme adopted by Decree No. 52 of October 2011.

The Committee notes that the Government’s report has not provided any response to its previous comments. The Committee, therefore, once again requests the Government to pursue its efforts to protect street children from the worst forms of child labour and to provide for their rehabilitation and reintegration. It also requests the Government to provide information on the number of street children and child victims of begging who have been rehabilitated and reintegrated into society through the action programmes implemented by the Government, as well as through the social protection programmes under the Social Action Services Programme of 2011.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that the national legislation does not prohibit the use, procuring or offering of a person under 18 years for prostitution, the production of pornography or for pornographic performances. It noted that section 63(1)(b) and (c) of the Child Protection Act requires the Government to adopt legislative or administrative measures to protect children against all forms of sexual exploitation, including prostitution and exploitation of children in pornography or pornographic performances.

The Committee once again notes with regret the Government’s statement that no legislation has been passed recently. It reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring and offering of a child under 18 years of age for prostitution, for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee, therefore, urges the Government to take the necessary measures to ensure the adoption of legislation prohibiting the use, procuring and offering of a person under 18 years of age for prostitution, for the production of pornography or for pornographic performances in accordance with Article 3(b) of the Convention, as a matter of urgency. It requests the Government to provide information on the progress made in this regard.

Clause (d). Hazardous work. Children in domestic work. The Committee previously noted that pursuant to section 3 of Act No. 23/2007 of 27 August 2007 (Labour Law), Regulations on Domestic Work (No. 40) were adopted on 26 November 2008, section 4(2) of which prohibits employers from employing a person under 15 years of age in domestic work. The Committee, however, observed that these regulations did not address the issue of hazardous domestic work by children. In this regard, the Committee noted that children, particularly young girls, engaged in domestic work, were often victims of exploitation, worked in dangerous situations up to 15 hours a day and were subject to physical abuse. The Government stated that it was difficult to supervise their conditions of employment due to the clandestine nature of such work.

The Committee notes that the Government’s report does not contain any information on this point. Noting with concern the situation of children working as domestic workers, the Committee urges the Government to take immediate and effective measures to protect these children from hazardous types of work. It requests the Government to provide information on the measures taken in this regard.

Article 4(1). Determination of hazardous types of work. With regard to this point, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. Orphans and other vulnerable children (OVCs). In its previous comments, the Committee noted the efforts taken by the Government to enhance the protection of vulnerable children such as: (i) the Basic Social Assistance Programme and the National Basic Social Security Strategy (ENSSB) which aim to provide financial assistance to households who have members who are not fit to work or who have orphaned children; (ii) the Action Plan for the Reduction of Absolute Poverty (PARPA II); (iii) a Multi-sectoral Plan for Orphans and Vulnerable Children (PACOV); and (iv) the establishment of a multi-sectoral technical group for vulnerable and orphaned children and child protection committees to support orphans and OVCs. However, noting with concern the large number of children orphaned as a result of HIV/AIDS, the Committee urged the Government to strengthen its efforts to ensure that such children are protected from these worst forms of child labour.

The Committee notes from the Government’s report that a total of 452,868 and 361,309 households are currently benefiting from the Basic Social Security and Basic Social Subsidy programmes, respectively. It also notes the Government’s information that the ENSSB is being revised in order to increase the coverage and impact of the basic social security interventions. Moreover, the Committee notes from the 2014 Global AIDS Response Progress Report for Mozambique (GARP Report) that since 2011 there has been a high level of political support for orphans and OVCs and an increase in the number of interventions. According to the GARP Report, at the community level, around 220,000 orphans and OVCs received support while more than 280,000 orphans and OVCs were provided support in partnership with NGOs and civil society. Moreover, this report indicates that school attendance among female orphans aged 10–14 increased considerably from 53.1 per cent in 2009 to 71.4 per cent in 2011. The Committee notes, however, that according to the UNAIDS estimates of 2014 there are 610,000 children below the age of 17 years who have been orphaned due to AIDS. Recalling that orphans and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to pursue its efforts to ensure that such children are protected from these worst forms. It requests the Government to continue to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

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

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

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

Article 5 of the Convention and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. 1. Trafficking. With reference to its previous comments, the Committee notes the Government’s information that in 2011, the Government introduced training courses for police officers, customs, immigration officials and border police on how to recognize cases of trafficking and how to protect victims of trafficking. The Committee further notes the Government’s indication that in 2011, 11 cases of trafficking in persons were prosecuted and seven convictions involving significant prison sentences were handed down. The Committee notes that according to the information from a report available on the website of the United Nations High Commissioner for Refugees (UNHCR), the Criminal Investigation Branch (PIC) has a seven member unit devoted to anti-trafficking. Furthermore, the Government also maintains approximately 252 help desks where trafficking victims could file complaints and receive assistance. However, the report available on the UNHCR website further states that the Government lacks procedures to identify victims of child trafficking and that the Ministries of Justice and Interior, including the police have insufficient financial and human resources to improve their effectiveness in enforcing laws pertaining to trafficking in children. The Committee accordingly urges the Government to redouble its efforts, including through the allocation of additional resources, to strengthen the capacity of law enforcement agencies to combat trafficking of persons under 18 years. It requests the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of perpetrators of the sale and trafficking of children are carried out. The Committee further requests the Government to continue to provide information on the practical application of the Trafficking in Persons Act 2008, including information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in cases involving children under the age of 18 years.

2. Data collection and labour inspectorate. The Committee previously observed that there were no available statistics relating to children engaged in the worst forms of child labour in Mozambique. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 4 November 2009, expressed concern about the lack of reliable data on child labour and expressed concern that the labour inspectorate and police are faced with shortages of qualified staff, adequate funds and training to carry out their mandate with regard to child labour (CRC/C/MOZ/CO/2, paragraph 80). The Committee had further noted the information from ILO–IPEC that Mozambique was 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 the Government’s report does not contain any information on this point. The Committee therefore once again urges the Government to strengthen its efforts, in collaboration with ILO–IPEC, to combat the worst forms of child labour in Mozambique. In this regard, it requests the Government to ensure that the relevant monitoring mechanisms, including the labour inspectorate and police, are allocated sufficient resources to carry out their mandate so as to address the worst forms of child labour effectively. Lastly, it requests the Government to take measures to ensure that sufficient up-to-date data on the worst forms of child labour are made available. To the extent possible, all information provided should be disaggregated by sex and age.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee had noted the various measures taken by the Government to improve the education system, particularly with regard to school attendance rates and initiatives to improve girls’ education. It had noted the Government’s statement that through the National Action Plan for Children (NAPC), a school attendance rate of 81 per cent was achieved, and a transition rate (between primary level 1 and primary level 2) of 77.1 per cent was reached. The Committee further noted the information in the 2011 UNESCO Education for All Global Monitoring Report that, since 1999, the net enrolment rate in the first year of primary education rose from 18 per cent to 59 per cent, and that over this same period, the percentage of girls composing the primary school population rose from 43 per cent to 47 per cent.

The Committee notes the information from a report available on the UNHCR website that the Government of Mozambique had initiated the Strategic Plan for Education and Culture (2006–11) to ensure completion of free and compulsory primary education through higher primary grades (grade six and seven), to improve access to secondary education, increase access to education for female students, support the construction of new schools and encourage the training and recruitment of teachers. The Committee notes that according to the UNESCO-Mozambique statistics on education of 2011, the net enrolment rate at primary level was 92 per cent in 2010 (with 89 per cent of girls and 94 per cent of boys), while the net enrolment rate at secondary level was 17 per cent (15 per cent of girls and 17 per cent of boys). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the educational system, particularly by increasing the secondary school enrolment and attendance rates and decreasing the drop-out rates. It requests the Government to provide information on the measures adopted and the results achieved in this regard. The Committee also requests the Government to provide information on the impact of the Strategic Plan for Education and Culture in improving access to primary and secondary education of children, with special attention to girls.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. 1. Sale and trafficking of children for labour and sexual exploitation. The Committee had previously noted that the CRC, in its concluding observations of 4 November 2009, expressed concern at the limited resources available for efforts to protect victims of trafficking and the absence of safe houses and of a formal referral system for victims of trafficking (CRC/C/MOZ/CO/2, paragraph 86).

The Committee notes the Government’s indication that in March 2012, the Parliament of Mozambique approved a draft bill on the protection of victims and witnesses of all crimes, including, victims of trafficking. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged pursuant to the adoption of the draft bill on the protection of victims of all crimes, to provide for the rehabilitation and repatriation services for child victims of trafficking. The Committee also requests the Government to provide information on the number of child victims of trafficking who have been effectively removed, rehabilitated and reintegrated as a result of the measures implemented.

2. Debt bondage. In its previous comments, the Committee noted the information from ILO–IPEC that children in rural areas are sometimes used to settle financial and other disputes, with families sending their children to work for periods of time to settle debts. In this regard, it noted that the CRC, in its concluding observations of 4 November 2009, expressed concern at the continued practice of sending children to work to settle families’ financial debts and other obligations and urged the Government to take measures to end this practice (CRC/C/MOZ/CO/2, paragraph 65). Noting an absence of information on this point in the Government’s report, the Committee once again urges the Government to take immediate and effective time-bound measures, to bring an end to the practice of sending children to work to settle debts and to provide for the rehabilitation and social integration of children who have been victims of this practice. It requests the Government to provide information on the measures taken in this regard.

Clause (d). Reaching out to children at special risk. Street children and begging. The Committee had previously noted the Government’s indication that many children live or work in the streets in Mozambique and that the exploitation of child beggars was increasingly frequent in several provincial capitals. However, the Committee noted the Government’s statement in its report to the CRC of 23 March 2009 that, to address the increasing problem of begging, it had taken measures to reduce poverty, to increase social protection and to improve housing policies (CRC/C/MOZ/2, paragraphs 278–279).

The Committee notes the Government’s information that the Government’s strategy with regard to children in difficult situations, including street children involves action programmes to locate and reunify them with their families, reintegrate into community life, provide socio-economic support as well as income-generating projects for such families and communities. The Government report further states that women and social action networks have been campaigning against child begging by encouraging traders and the public to contribute through appropriate channels to help destitute children and to avoid making contributions in shop doorways and streets. The Committee also notes from the Government’s report that measures are being taken to increase the number of centres to shelter children living in the streets. According to the Government’s report currently there are 176 such shelter centres in Mozambique which provide education, occupational training activities, health and psychosocial care to street children. The Committee notes from the Global AIDS Response Progress Report (GARP) that in 2010, 1,197 destitute children were identified and documented, while 1,517 children were reunited with their families; about 30,760 children were attended in the shelter centres; and 253,770 children in difficult situations were provided with support and assistance at community level. The Committee finally notes the Government’s indication that the social protection programmes for abandoned children and their families will be continued through the Social Action Services Programme adopted by Decree No. 52 of October 2011. In view of the fact that street children are at a higher risk of being engaged in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to protect them from these worst forms and to provide for their rehabilitation and reintegration. It requests the Government to provide information on the number of street children and child victims of begging who have been rehabilitated and reintegrated into society through the action programmes implemented by the Government, as well as through the social protection programmes under the Social Action Services Programme of 2011.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that section 63(1)(b) of the Child Protection Act requires the Government to adopt legislative or administrative measures to protect children against all forms of sexual exploitation, including prostitution. It also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 4 November 2009, expressed deep concern at the increasing number of child prostitution in Mozambique, especially in the Maputo, Beira and Nacala regions, as well as in some rural areas (CRC/C/MOZ/CO/2, paragraph 84). The Committee, therefore, urged the Government to take the necessary measures to ensure the adoption of legislation, pursuant to section 63(1)(b) of the Child Protection Act, prohibiting the use, procuring or offering of a child under the age of 18 for the purpose of prostitution in the very near future.

The Committee once again notes with regret that the Government report does not contain any information on this point. It reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring and offering of a child under 18 years of age constitutes one of the worst forms of child labour and that, under Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee, therefore, requests the Government to take immediate and effective measures to ensure the adoption of legislation prohibiting the use, procuring and offering of a child under 18 years of age for prostitution, in accordance with Article 3(b) of the Convention, as a matter of urgency. It requests the Government to provide information on the progress made in this regard with its next report.

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

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the adoption of the Law on Drugs No. 3/97, which contained provisions relating to the use of minors for the production, transport, distribution and consumption of drugs. The Committee notes that while the Government report states that a copy of the Law on Drugs has been attached, no such attachment has been received along with the report. Considering that the Committee has been requesting a copy of the Law on Drugs No. 3/97 since 2005, the Committee expresses the firm hope that the Government will send a copy of this legislation, along with its next report.

Clause (d). Hazardous work. Children in domestic service. The Committee previously noted that pursuant to section 3 of Act No. 23/2007 of 27 August 2007 (Labour Law), Regulations on Domestic Work (No. 40) were adopted on 26 November 2008, section 4(2) of which prohibits employers from employing a person under 15 years of age in domestic work. The Committee, however, observed that these regulations did not address the issue of hazardous domestic work of children. The Committee recalled that children, particularly young girls, engaged in domestic service are often victims of exploitation, and that it is difficult to supervise their conditions of employment due to the clandestine nature of such work. It further noted the Government’s statement in its 23 March 2009 report to the CRC that domestic work is one of the most common types of child labour in Mozambique, and that children are frequently forced to work in this sector (CRC/C/MOZ/2, paragraphs 356 and 358).

The Committee notes the absence of information in the Government’s report on this matter. In this regard, the Committee notes the information in a report available on the website of the United Nations High Commissioner for Refugees (UNHCR) that children in Mozambique are engaged in the worst forms of child labour, many of them in dangerous work in domestic work. The report further indicated that child domestic workers, work up to 15 hours a day and are subject to physical abuse, including burns. Noting with concern the situation of children working as domestic workers, the Committee urges the Government to take immediate and effective measures to protect these children from hazardous types of work. It requests the Government to provide information on the measures taken in this regard. The Committee also encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Article 4(1). Determination of hazardous types of work. In its previous comments, the Committee noted that, pursuant to section 23(2) of the Labour Law, employers shall not engage persons under 18 years of age in hazardous work, as defined by the competent authorities after consultation with the organizations of employers and workers. It noted with concern the Government’s statement that no measures had been adopted to determine the types of dangerous work prohibited to persons under the age of 18 years.

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

Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. Orphans and other vulnerable children. The Committee previously noted the information in the Government’s report that, between 2005 and 2009, actions were implemented through the National Action Plan for Children (NAPC) to locate, document and reunite the families of orphaned, lost or abandoned children. It noted the Government’s statement in its report to the UN Human Rights Council for the Universal Periodic Review of 11 November 2010, that the impact of HIV/AIDS was a contributing factor to the continuation of child labour in the country (A/HRC/WG.6/10/MOZ/1, paragraph 97). The Committee expressed its concern at the increasing number of children orphaned in Mozambique as a result of HIV/AIDS and urged the Government to strengthen its efforts to ensure that such children are protected from these worst forms of child labour.

The Committee notes the Government’s information that in its efforts to enhance the protection of children, particularly orphaned and vulnerable children, the Government has revised two social assistance programmes, the Basic Social Assistance Programme and the National Basic Social Security Strategy (ENSSB) for the period of 2010–14. According to the Government’s report, the Basic Social Assistance Programme aims to provide financial assistance to households who have members who are not fit to work or who have orphaned children. Within the context of the ENSSB, programmes prioritizing orphaned and vulnerable children were initiated with a view to extending the granting of direct social support. Moreover, programmes to reintegrate heads of households fostering orphaned children into working life and productive activities have also been established. The Committee further notes that, according to the 2012 Global AIDS Response Progress Report (GARP) of the National AIDS Council, the Government of Mozambique has taken the following steps towards meeting the needs of most vulnerable children in the country:

• – the Action Plan for the Reduction of Absolute Poverty (PARPA II) which includes the goal of providing a minimum of three to six identified basic services (health, nutrition, education, psychological support, legal and financial support) to 30 per cent households with orphans and other vulnerable children was initiated;
• – a Multi-sectoral Plan for Orphans and Vulnerable Children (PACOV) which addresses the special needs of this growing population was established, and a Multi-sectoral Technical Group for Vulnerable and Orphaned children was established in all 11 provinces and 54 districts;
• – in partnership with Save the Children, the Ministry of Women and Coordination of Social Action (MMAS) developed guidelines for the establishment and functioning of child protection committees. Currently 531 such committees have been established to support the orphans and other vulnerable children.

The Committee further notes from the GARP report that: (i) an estimated 66,364 children have benefited through the Pre-school Education Programme carried out by the MMAS; (ii) about 22 per cent of the families with orphans received support through the Government initiated programmes; (iii) 212,096 orphans and other vulnerable children received support from UNICEF assisted programmes, and (iv) 237,200 orphans and other vulnerable children received support from the United States Government, during the year 2010. The Committee notes, however, that according to the GARP report, in Mozambique, 12 per cent of children under the age of 18 years are orphans. In 2011, it was estimated that the number of orphans was 936,000, out of which 424,000 were orphans due to AIDS. While appreciating the measures taken by the Government to protect orphans and other vulnerable children, the Committee expresses its concern at the number of children orphaned in Mozambique as a result of HIV/AIDS. Recalling that orphans and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts to ensure that such children are protected from these worst forms. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

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

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

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

Article 5 of the Convention and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. Trafficking. In its previous comments, the Committee noted the information in the Government’s reply to the list of issues of the Committee on the Rights of the Child (CRC) of 29 September 2009 that several measures had been taken to strengthen the capacity of law enforcement agencies with regard to the monitoring of trafficking, including through the establishment of a criminal investigation police brigade to deal with trafficking cases and the provision of training to police, border guards, public prosecutors, the judiciary and social workers (CRC/C/MOZ/Q/2/Add.1, paragraphs 44 and 52). However, the Committee also noted that the CRC, in its concluding observations of 4 November 2009, expressed concern at the continuing trafficking of children from rural to urban areas for forced labour, the trafficking of girls to and from other states for sexual exploitation and domestic servitude, and that investigations of cases of human trafficking or abductions were rarely followed by prosecutions and convictions (CRC/C/MOZ/CO/2, paragraph 86).

The Committee notes the information in the Government’s report that joint committees have been set up at the level of the South African Development Community to work across borders to combat the trafficking in persons. The Committee also notes the Government’s statement that it will send data on the number of offences, trials, convictions and penal sanctions related to trafficking when this information becomes available. The Committee also notes the information from the International Organization for Migration (IOM) that Mozambique is one of the countries where the IOM is implementing the Southern African Counter Trafficking Assistance Programme (SACTAP), a regional programme aimed at prevent trafficking in persons. The SACTAP includes measures to build the capacity of law enforcement and other governmental officials, as well as civil society groups, through training and the provision of other technical support. However, the Committee notes the information from UNICEF that an estimated 1,000 children and women are trafficked from Mozambique to South Africa every year for the purpose of exploitative labour and commercial sexual exploitation. The Committee accordingly urges the Government to redouble its efforts to strengthen the capacity of law enforcement agencies to combat this phenomenon. It requests the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of perpetrators of the sale and trafficking of children are carried out. Lastly, the Committee requests the Government to provide information, once available, on the practical application of the Trafficking in Persons Act 2008, including information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Data collection and labour inspectorate. The Committee previously observed that there were no available statistics relating to children engaged in the worst forms of child labour in Mozambique. The Committee also noted that the CRC, in its concluding observations of 4 November 2009, expressed concern about the lack of reliable data on child labour and expressed concern that the labour inspectorate and police are faced with shortages of qualified staff, adequate funds and training to carry out their mandate with regard to child labour (CRC/C/MOZ/CO/2, paragraph 80).

The Committee notes the Government’s statement in its report to the UN Human Rights Council for the Universal Periodic Review of 11 November 2010, that despite legislation prohibiting child labour, this phenomenon remains a concern. The Government indicates that the contributing factors to this problem include chronic poverty of the family, the breakdown of family support mechanisms, unemployment of parents and adult relatives, the unexpected changes and instability in the economic environment, lack of educational opportunities and gender inequality (A/HRC/WG.6/10/MOZ/1, paragraph 97). 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 urges the Government to strengthen its efforts, in collaboration with ILO–IPEC, to combat the worst forms of child labour in Mozambique. In this regard, it requests the Government to ensure that the relevant monitoring mechanisms, including the labour inspectorate and police, are allocated sufficient resources to carry out their mandate so as to address the worst forms of child labour effectively. Lastly, it requests the Government to take measures to ensure that sufficient up-to-date data on the worst forms of child labour are made available. To the extent possible, all information provided should be disaggregated by sex and by age.

Article 6. Programme of action. National Action Plan for Children. The Committee previously noted that through Decree No. 8/2009 of the Council of Ministers of 31 March 2009, a National Council of the Rights of the Child (CNAC) was established. It noted that the CNAC is responsible for the dissemination and implementation of the rights of the child, including the National Action Plan for Children (NAPC), which provides clear provisions on child labour prevention and child education.

The Committee notes the information in the Government’s report that measures were taken to raise school attendance rates and to reunite families of orphaned children through NAPC for 2005–09. The Government indicates that the established targets for the NAPC were not met, but considerable progress was made in these two areas. The Government further indicates that strategic plans were drawn up in various ministries to increase the number of sectors involved in addressing the issue of vulnerable children.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Sale and trafficking of children for labour and sexual exploitation. The Committee previously noted that section 21 of the Trafficking in Persons Act specifies that services should be provided to victims of trafficking for the rehabilitation and social integration. The Committee also noted the information in the Government’s report that the Protection of Minors Act provides for special treatment for children who are victims of trafficking, sexual exploitation and abuse, in order to ensure that they are duly protected. In this regard, the Government indicated that a support service for women and children had been established. However, the Committee noted that the CRC, in its concluding observations of 4 November 2009, expressed concern at the limited resources available for efforts to protect victims of trafficking and the absence of safe houses and of a formal referral system for victims of trafficking (CRC/C/MOZ/CO/2, paragraph 86). While noting the measures taken by the Government to provide services for victims of trafficking, the Committee requested the Government to ensure that adequate resources were allocated to the institutions responsible for the provision of these services.

The Committee notes an absence of information on this point in the Government’s report. However, it notes the information from the IOM that the SACTAP, in which Mozambique is participating, includes measures to protect victims of trafficking, by providing these persons with safe accommodation, medical and psychosocial assistance, and a range of return and reintegration options. The Committee requests the Government to provide information on the effective and time-bound measures implemented pursuant to the Trafficking in Persons Act, and Protection of Minors Act to provide rehabilitation and repatriation services for child victims of trafficking. The Committee also requests the Government to provide information on the number of child victims of trafficking who have been effectively removed, rehabilitated and reintegrated as a result of the measures implemented.

Debt bondage. In its previous comments, the Committee noted the information from ILO–IPEC that children in rural areas are sometimes used to settle financial and other disputes, with families sending their children to work for periods of time to settle debts. In this regard, it noted that the CRC, in its concluding observations of 4 November 2009, expressed concern at the continued practice of sending children to work to settle families’ financial debts and other obligations and urged the Government to take measures to end this practice (CRC/C/MOZ/CO/2, paragraph 65). Noting an absence of information on this point in the Government’s report, the Committee urges the Government to take immediate effective and time-bound measures, to bring an end to the practice of sending children to work to settle debts and to provide for the rehabilitation and social integration of children who have been victims of this practice. It requests the Government to provide information on measures taken in this regard.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 3 of the Convention. Worst forms of child labour. The Committee previously noted the information in the Government’s report that it has undertaken a reform of the national legislation that is in force and, in the context of this reform, measures will be taken to bring the Penal Code into conformity with the Convention. It requested the Government to provide information on progress in this regard, and to provide a copy of the Penal Code currently in force. The Committee notes an absence of information in the Government’s report on this point, though notes that the Trafficking in Persons Act (Trafficking Act) and the Child Protection Act was adopted in 2008. The Committee once again expresses its hope that the planned amendments to the Penal Code will be adopted in the near future and requests the Government to provide information on any progress achieved in this respect. It also requests the Government to provide a copy of the new Penal Code once it has been adopted. In the meantime, the Committee once again requests the Government to provide a copy of the Penal Code that is currently in force.

Clause (a). Sale and trafficking of children for economic and sexual exploitation. In its previous comments, the Committee observed that Mozambican boys are trafficked to South Africa to work on farms and that Mozambican women and children are trafficked to South Africa for sexual exploitation. It also noted that a Bill on the trafficking of persons, with particular reference to women and children, had been submitted to the National Assembly. It requested the Government to provide information on any progress towards the adoption of this Bill and to supply a copy, once adopted.

The Committee notes with satisfaction that the Trafficking Act was approved by the National Assembly in April 2008, and was published in the Official Gazette on 9 June 2008. The Committee notes that section 10 of the Trafficking Act prohibits the trafficking in persons, including the recruitment, transportation, receiving or providing, of persons (including under the false pretence of domestic work in another state), for the purposes of forced labour, slavery and prostitution. The Committee notes that section 5(a) of the Trafficking Act provides that when the victim of the trafficking is a child, this is an aggravating circumstance of the crime, and that the annex defines a child as all persons under 18.

Forced recruitment of children for use in armed conflict. The Committee noted previously that, under Act No. 24/97 on military service, a citizen may normally only enrol in the armed forces in the year of his 20th birthday. Conscripts could, however, join the armed forces from the age of 18, although under no circumstances could citizens under 18 years of age take part in military action. The Committee noted however that, under section 2(2) of the Act on military service, the age for conscription may be altered “in time of war”. According to the Government’s indications, this provision has given rise to debate in various Mozambican bodies as it allows persons under 18 years of age to be enrolled to participate in military activities. The Committee notes the Government’s statement that, as the country is currently at peace, there is no need for legislation with regard to compulsory recruitment.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted the Government’s indication that Decree No. 417/71 on the jurisdictional statute of assistance to minors addresses sexual exploitation of children, as does Act No. 6/99. The Committee notes the information available from the UN Regional Crime and Justice Institute that the Mozambican juvenile justice system (civil and criminal), previously regulated by Decree No. 417/71, was reformed in June 2008 by the Child Protection Act (Law No. 7/2008) and by the Judicial Organization of Minors Act (Law No. 8/2008).

The Committee notes that section 63(1)(b) of the Child Protection Act requires the State to adopt legislative or administrative measures to protect children against all forms of sexual exploitation, including prostitution and other illicit sexual activity. The Committee also notes that section 63(1)(a) of the Child Protection Act states that legislative measures to protect children must include punishing parents, legal guardians or other family members who induce children to engage in illegal sexual exploitation. Section 63(2)(b) of the Child Protection Act states that the legislative measures adopted need to provide for rigorous sanctions. The Committee requests the Government to indicate the legislative or administrative measures that have been adopted pursuant to section 63 of the Child Protection Act, prohibiting the use, procuring or offering of children for the purpose of prostitution.

Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that, although national legislation provided for the protection of minors from being exposed to pornography, it did not prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. The Committee requested the Government to indicate the national legislative measures which prohibited the use, procuring or offering of children under the age of 18 years for the production of pornography or for pornographic performances, and if no such prohibitions existed, to adopt such legislation as a matter of urgency. The Committee notes that section 63(1)(c) of the Child Protection Act states that the State must take legislative measures to protect children from all forms of sexual exploitation, including the exploitation of children in pornography or pornographic performances, and that section 63(2) states that this legislation must include rigorous penalties. The Committee requests the Government to indicate the legislative measures enacted, prohibiting the use, procuring or offering of persons under the age of 18 for the production of pornography or pornographic performances, pursuant to section 63 of the Child Protection Act.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the adoption in March 1997 of Act No. 3/97 which reportedly provides for prison terms of between 25 and 30 years for persons found guilty of using minors for the production, transport, distribution and consumption of the substances and by-products set out in the schedules to the Act. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide a copy of Act No. 3/97 and of any other provision prohibiting the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Hazardous work. Children in domestic service. The Committee previously noted that pursuant to section 3 of Act No. 23/2007 of 27 August 2007 (Labour Law), domestic work would be governed by regulation. The Committee also noted the information in the Government’s report that regulations to implement the new Labour Law were under preparation, including regulations on domestic work. The Committee observed that children, and particularly young girls, engaged in domestic service are often victims of exploitation, and that it is difficult to supervise their conditions of employment due to the clandestine nature of such work, and expressed the hope that the regulations on domestic work would determine the working conditions of children engaged in domestic work, particularly with regard to hazardous work.

The Committee notes an absence of information on the status of regulations pursuant to the Labour Law. However, the Committee notes the Government’s statement in its 23 March 2009 report to the Committee on the Rights of the Child that domestic work is one of the most common types of child labour in Mozambique, and that children are frequently forced to work in this sector (CRC/C/MOZ/2, paragraphs 356 and 358). The Committee requests the Government to take the necessary measures to ensure that the regulations on domestic work, stipulating the working conditions of children engaged in hazardous domestic work, will soon be elaborated and adopted. It requests the Government to provide information on any progress made in this regard.

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

Noting an absence of information on this point in the Government’s report, the Committee reminds the Government that by virtue of Article 4(1) of the Convention, the types of hazardous work prohibited to persons under the age of 18 shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which indicates that in determining the types of hazardous work prohibited for persons under 18 years of age, consideration should be given, among other issues, to the types of work enumerated in that Paragraph. The Committee requests the Government to take the necessary measures to ensure that specific legislation determining the hazardous types of work prohibited for persons under 18 years of age will be prepared and adopted in the near future. It also requests the Government to provide a copy of this legislation once it has been adopted.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. Trafficking. The Committee notes the information in the Government’s reply to the list of issues of the CRC of 29 September 2009, that several measures have been taken to strengthen the capacity of law enforcement agencies with regard to the monitoring of trafficking. The Committee notes that a criminal investigation police brigade in Maputo was established, that deals with trafficking cases, and lectures were given on the subject of trafficking at police training schools. Training and capacity-building programmes combating the phenomenon of trafficking have been held for officials from the public prosecutor and the judiciary as well as other justice administration agents, and social workers (CRC/C/MOZ/Q/2/Add.1, paragraph 44). The Committee also notes that border guard police received training to improve their capacity to identify, assist and guide persons who have been trafficked (CRC/C/MOZ/Q/2/Add.1, paragraph 52). The Committee further notes the information in the Technical Progress Report on the ILO–IPEC programme “Combating the worst forms of child labour in Portuguese-speaking countries in Africa” of 30 July 2007 (ILO–IPEC TPR) that the Government participated in a regional conference, on preventing the trafficking in children in southern Africa. In addition, the Trafficking in persons report of 2009, available from the web site of the Office of the UN High Commissioner for Refugees (www.unchr.org) (Trafficking in persons report), indicates that police and ministry of justice officials began regularly meeting with NGOs to develop a viable anti-trafficking strategy for the 2010 World Cup, which is expected to increase the incidence of Mozambicans trafficked to South Africa for sexual exploitation.

The Trafficking in persons report indicates that police forces rescued 200 Mozambican children being trafficked to South Africa in the first half of 2008. However, the statistics on child victims of crime, provided by the Government in its reply to the list of issues of the CRC, indicate that no cases of trafficking of children were recorded in 2006 and 2007, and only three victims were recorded in 2008 (CRC/C/MOZ/Q/2/Add.1, paragraph 50). The Committee also notes that the CRC, in its concluding observations of 4 November 2009, expressed concern at the continuous trafficking of children from rural to urban areas for forced labour, the trafficking of girls to and from other states for sexual exploitation and domestic servitude and that investigations of cases of human trafficking or abductions were rarely being followed by prosecutions and convictions (CRC/C/MOZ/CO/2 paragraph 86). Therefore, the Committee urges the Government to pursue its efforts to strengthen the capacity of law enforcement agencies to ensure that those who sell and traffic children are effectively prosecuted. The Committee also requests the Government to provide information on the practical application on the Trafficking in Persons Act 2008, including information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Commercial sexual exploitation. The Committee previously noted that a community monitoring system for reporting incidents of sexual exploitation and abuse of children was established. The Committee notes the Government’s statement in its report to the CRC of 23 March 2009 that, in order to prevent the commercial sexual exploitation of children, the Ministry of the Interior and the Ministry of Labour are supporting the police to document all incidents pertaining to such violations (CRC/C/MOZ/2, paragraph 363). The Committee also notes that the Government also identifies prostitution as one of the forms of work that children are frequently forced to work in (CRC/C/MOZ/2 paragraph 358). The Committee further notes that the CRC, in its concluding observations of 4 November 2009, expressed deep concern that that child prostitution is increasing in Mozambique, especially in the Maputo, Beira and Nacala regions as well as in some rural areas (CRC/C/MOZ/CO/2, paragraph 84). The Committee urges the Government to redouble its efforts to prevent the commercial sexual exploitation of all persons under the age of 18, and requests it to provide information on measures taken in this regard. Furthermore, the Committee requests the Government to provide information on the functioning of the monitoring mechanisms set up by the ministries of the interior and labour and police to detect and combat child commercial sexual exploitation.

Data collection and labour inspectorate. The Committee previously observed that there were no available statistics relating to children engaged in the worst forms of child labour in Mozambique, although noted the ILO–IPEC information that a study on the worst forms of child labour would be prepared. It requested the Government to provide a copy of this study as soon as it became available. The Committee notes an absence of information in the Government’s report on this point. However, the Committee notes that the CRC, in its concluding observations of 4 November 2009, expressed concern about the lack of reliable data on child labour and expressed concern that the labour inspectorate and police face shortages of qualified staff, adequate funds and training to carry out their mandate with regard to child labour (CRC/C/MOZ/CO/2, paragraph 80). The Committee expresses its concern at the lack of data available on the prevalence of the worst forms of child labour, and requests the Government to take measures to ensure that sufficient data is available. In this regard, the Committee hopes that the study on the worst forms of child labour will soon be completed, and requests the Government to provide a copy when it is available. Furthermore, the Committee urges the Government to ensure that the labour inspectorate and police are allocated sufficient resources to carry out their mandate with regard to the monitoring of the worst forms of child labour.

Article 6. Programme of action. National Action Plan for Children. The Committee notes the Government’s information in its reply to the list of issues of the CRC, that through Decree No. 8/2009 of the Council of Ministers of 31 March 2009, a National Council of the Rights of the Child (CNAC) was established. The CNAC is chaired by the Minister of Women and Social Affairs, and includes the ministers of education and culture, justice, health and youth and sports. The Committee notes that the CNAC is responsible for the dissemination and implementation of the rights of the child, including the National Action Plan for Children (PNAC), which provides clear provisions on child labour prevention and child education. The Committee also notes that the CNAC will take measures aimed at preventing child prostitution, child labour, trafficking and other forms of child exploitation (CRC/C/MOZ/Q/2/Add.1, paragraph 6). The Committee requests the Government to provide information on the measures taken within the framework of the National Action Plan for Children to combat the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the  Committee noted that the CRC, expressed concern that girls continue to have less access to education than boys beyond primary education and that the literacy rates of girls, particularly those over 15 years of age, were extremely low. Certain practices, such as the imposition of excessive domestic work on girls, contributed to limiting their access to education. The Committee nevertheless noted that the Government had taken measures to improve the education system, particularly with regard to school attendance rates.

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 primary education 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 that the Government, through the direct support programme to schools, distributed additional school material to vulnerable children to facilitate their access to education. The Committee further 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 teacher training for women (CRC/C/MOZ/2, paragraph 306). The Committee notes the positive results with regard to the education of girls: the net rate of schooling for females in primary education (ages 6–12) increased from 86.3 per cent in 2006 to 96.2 per cent in 2008 (CRC/C/MOZ/Q/2/Add.1, paragraph 57).

Nonetheless, the Committee notes the statement in the Government’s progress report for the UN General Assembly Special Session on HIV and AIDS prepared by the National AIDS Council of Mozambique in January 2008 (UNGASS report) that the number of children attending school is much lower than the number enrolled (page 67). The Committee also notes that, in its concluding observations of 4 November 2009, the CRC expressed concern that one in five children remain deprived of education, that nearly half of primary school-aged children drop out of school before they complete grade five, and that significant disparities in accessing education persist between provinces, particularly affecting the provinces of Niassa, Nampula and Zambezia (CRC/C/MOZ/CO/2, paragraph 71). The CRC also expressed concern at the high prevalence of sexual abuse and harassment in schools which reportedly leads some girls to refuse to go to school, and that gender disparity remains high in the higher levels of education (CRC/C/MOZ/CO/2, paragraph 73). The Committee expresses concern at the continued low school attendance rates, particularly among girls, and the reports of sexual abuse and harassment deterring girls’ access to education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the education system, particularly by increasing school enrolment rates and reducing school drop-out rates, with special attention to the situation of girls. It also urges the Government to address the regional disparities of access to education, to facilitate access to education to all children in Mozambique.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Sale and trafficking of children for labour and sexual exploitation. The Committee notes that section 21 of the Trafficking in Persons Act specifies that services for the rehabilitation and social reintegration of victims of trafficking should be provided, including shelter, medical and psychological assistance, legal assistance, assistance with repatriation and access to vocational and educational opportunities. The Committee also notes the information in the Government’s report that the Protection of Minors Act provides for special treatment for children who are victims of trafficking, sexual exploitation and abuse, in order to ensure that they are duly protected. The Government’s report also indicates that, pursuant to the Protection of Minors Act, a support service for women and children was established. The Committee further notes that the Women’s and Children’s Support Service (an organizational unit of the General Police Command) was created to protect the rights of women and children, and provides support and assistance to victims of sexual exploitation and trafficking, and facilitate their access to justice.

However, the Committee notes that the CRC, in its concluding observations of 4 November 2009, expressed concern at the limited resources available for efforts to protect victims of trafficking and the absence of safe houses and of a formal referral system for victims of trafficking (CRC/C/MOZ/CO/2, paragraph 86). Therefore, while noting the measures taken by the Government to provide services for victims of trafficking, the Committee requests the Government to take the necessary measures to establish a formal referral system and to ensure that adequate resources are allocated to the institutions responsible for the provision of these services. The Committee also requests the Government to provide information on the effective and time-bound measures implemented pursuant to the Trafficking in Persons Act, and Protection of Minors Act to provide rehabilitation and repatriation services for child victims of trafficking. The Committee further requests the Government to provide information on the number of child victims of trafficking who have been effectively removed, rehabilitated and socially reintegrated as a result of the measures implemented.

Debt bondage. In its previous comments, the Committee noted the CRC and ILO–IPEC information that children in rural areas are sometimes used to settle financial and other disputes, with families sending their children to work for periods of time to settle debts. The Committee notes that the CRC, in its concluding observations of 4 November 2009, expressed concern at the continued practice of sending children to work to settle families’ financial debts and other obligations and urged the Government to take measures to end this practice (CRC/C/MOZ/CO/2, paragraph 65). In this regard, the Committee requests the Government to take immediate effective and time-bound measures, to bring an end to the practice of sending children to work to settle debts and to provide for the rehabilitation and social integration of children who have been victims of this practice.

Clause (d). Children at special risk. Child victims/orphans of HIV/AIDS. The Committee previously noted that, according to the report on the global AIDS epidemic published by UNAIDS, the number of children orphaned in Mozambique due to the virus was approximately 510,000. It also noted that the Government had formulated a second Strategic National Plan on HIV/AIDS (2005–09) and a National Action Plan for Children, Vulnerable Children and Orphans (POA OVC). The Committee notes the information in the UNGASS report that the POA OVC aims to provide six basic services to OVCs: health, education, nutritional/food support, legal and psychological and financial support, and hoped to provide services to 1.2 million OVCs. The Committee notes that by 2006, 23 per cent of the OVCs identified in the POA OVC (or over 220,000) had gained access to at least three basic services (page 24).

The Committee notes the Government’s statement in its report to the CRC of 23 March 2009 that HIV/AIDS is a significant cause of child labour, as HIV/AIDS orphans are frequently forced into child labour, since they have been left without any family support (CRC/C/MOZ/2, paragraph 348). The Committee also notes the Government’s statement in the UNGASS report, that HIV/AIDS orphans have very limited means of generating income, and thus often have to resort to risky coping strategies, such as transactional sex or hazardous child labour (page 65). The Committee further notes the indication in the UNGASS report that the number of children who have lost their parents to HIV/AIDS is estimated to reach 630,000 by 2010 (page 65). In addition, the Committee notes that the CRC in its concluding observations of 4 November 2009 expressed concern that services for orphans and vulnerable children, including child heads of households, remained inadequate (CRC/C/MOZ/2, paragraph 67). The CRC also expressed serious concern at the situation of orphaned children being economically exploited by foster families (CRC/C/MOZ/CO/2, paragraph 79). The Committee expresses serious concern at the high number of children orphaned due to HIV/AIDS and observes that the negative consequences on orphans include a higher risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to take the necessary measures to ensure that children who have been orphaned by HIV/AIDS are not exploited economically by their foster families. The Committee also requests the Government to strengthen its efforts to take specific effective and time-bound measures in the context of the implementation of the National Action Plan for Children, Vulnerable Children and Orphans, to prevent HIV/AIDS orphans from being engaged in the worst forms of child labour.

Street children and begging. The Committee previously noted that the Government indicated that many children live or work in the streets in Mozambique and that the exploitation of child beggars is increasingly frequent in several provincial capitals.

The Committee notes the Government’s statement in its report to the CRC of 23 March 2009 that, due to poverty, there has been an increase in begging, though the Government has taken measures to reduce poverty, to increase social protection and to improve housing policies to address this issue (CRC/C/MOZ/2, paragraphs 278 and 279). The Committee also notes the Government’s statement in its report to the CRC that street children continue to be a problem in Mozambique in urban areas, and that intervention in this area involves partnerships between the Government and civil society, and with the children and their families, in order to reintegrate the street children into families. It further notes the Government’s indication that these children, throughout the reintegration process, are provided with assistance at shelters for children and that these children are also encouraged to participate in professional and productive activities, as well as schooling, in order to prepare for successful reintegration into the community (CRC/C/MOZ/2, paragraph 387). However, the Committee notes that the CRC, in its concluding observations of 4 November 2009, expressed concern that insufficient measures have been taken to address the situation of children living in the streets (CRC/C/MOZ/CO/2, paragraph 82). The Committee recalls that children who live or work in these streets are particularly exposed to the worst forms of child labour and therefore requests the Government to take effective and time-bound measures to protect children living in the streets from these worst forms, and to provide for their rehabilitation and social integration.

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

Article 3 of the Convention. Worst forms of child labour. The Committee notes the information provided by the Government that it has undertaken a reform of the national legislation that is in force and, in the context of this reform, measures will be taken to bring the Penal Code into conformity with the Convention. The Committee hopes that the planned amendments to the Penal Code will be adopted in the near future and requests the Government to provide information on any progress achieved in this respect. It also requests the Government to provide a copy of the new Penal Code once it has been adopted. In the meantime, the Committee requests the Government to provide a copy of the Penal Code that is currently in force, and of Act No. 8/2002 of 5 February amending the Penal Code.

Clause (a). 1. Sale and trafficking of children for economic and sexual exploitation. In its previous comments, the Committee noted that boys are trafficked to South Africa to work on farms and that Mozambican women and children are trafficked to South Africa for sexual exploitation. The Committee had observed that a number of sources report the trafficking of persons, including children under 18 years of age, for the purposes of economic and sexual exploitation. It requested the Government to provide information on the measures adopted or envisaged in the national legislation to prohibit the sale and trafficking of children under 18 years of age for economic and sexual exploitation. The Committee notes the information provided by the Government in its report that a Bill on the trafficking of persons, with particular reference to women and children, has been submitted to the National Assembly. The Committee hopes that this Bill will prohibit and punish the sale and trafficking of children under 18 years of age for both economic and sexual exploitation, and that the Bill will be adopted in the near future. It requests the Government to provide information on any progress achieved in this respect and to supply a copy of the Act once it has been adopted.

2. Forced recruitment of children for use in armed conflict. The Committee noted previously that, under Act No. 24/97 on military service, a citizen may normally only enrol in the armed forces in the year of his 20th birthday. Conscripts could, however, join the armed forces from the age of 18, although under no circumstances could citizens under 18 years of age take part in military action. The Committee noted however that, under section 2(2) of the Act on military service, the age for conscription may be altered “in time of war”. According to the Government’s indications, this provision has given rise to debate in various Mozambican bodies as it allows persons under 18 years of age to be enrolled to participate in military activities. Noting the absence of information in the Government’s report, the Committee once again requests it to provide information on the measures adopted to prohibit the forced or compulsory recruitment of young persons under 18 years of age for use in armed conflict, even in time of war.

Clause (b). 1. Use, procuring or offering of a child for prostitution. With reference to its previous comments, the Committee requests the Government to provide a copy of Decree No. 417/71 on the jurisdictional statute of assistance to minors and of Act No. 6/99 which is applicable to commercial sexual exploitation.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted previously that, although national legislation provided for the protection of minors from being exposed to pornography, it did not prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. Noting the absence of information in the Government’s report, the Committee once again requests it to indicate whether the national legislation prohibits the use, procuring or offering of children under the age of 18 years for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention. If not, the Committee requests the Government to adopt such legislation as a matter of urgency.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the adoption in March 1997 of Act No. 3/97 which reportedly provides for prison terms of between 25 and 30 years for persons found guilty of using minors for the production, transport, distribution and consumption of the substances and by-products set out in the schedules to the Act. Noting the absence of information in the Government’s report, the Committee once again requests it to provide a copy of Act No. 3/97 and of any other provision prohibiting the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Article 3(d). Hazardous work. Children in domestic service. The Committee notes the adoption of Act No. 23/2007 of 27 August 2007. It notes that, under section 3 of the Act, domestic work will be regulated by regulation. The Committee also notes the information communicated by the Government that the regulations to implement the new Labour Act are under preparation, including regulations on domestic work. In this respect, the Committee notes that, according to the information contained in the 2006 evaluation report on the ILO/IPEC project entitled “Combating the worst forms of child labour in African Portuguese-speaking countries” (ILO/IPEC project on the worst forms of child labour), Mozambican children work in domestic service. The Committee observes that children, and particularly young girls, engaged in domestic service are often victims of exploitation, which takes on very diverse forms, and that it is difficult to supervise their conditions of employment in view of the clandestine nature of such work. The Committee hopes that the preparatory work on the regulations to give effect to the Labour Act will be completed in the near future and that the Regulations on domestic work will determine the working conditions of children engaged in domestic work, particularly with regard to hazardous work. It requests the Government to provide information on any progress achieved in this respect and to provide a copy of the Regulations on domestic work once they have been adopted.

Article 4. Determination of hazardous types of work. With reference to its previous comments concerning hazardous types of work prohibited for young persons under 18 years of age, the Committee notes that under section 23(2) of the Labour Act, employers shall not engage persons under 18 years of age in hazardous work, as defined by the competent authorities after consultation with the organizations of employers and workers. In this respect, the Committee notes the information provided by the Government that, in the context of the legislative reform, work is currently being carried out on the formulation of specific legislation on this subject. The Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which indicates that in determining the types of hazardous work prohibited for persons under 18 years of age consideration should be given, among other issues, to the types of work enumerated in that Paragraph. The Committee hopes that the specific legislation determining the hazardous types of work prohibited for persons under 18 years of age will be prepared and adopted in the near future and requests the Government to provide information on any progress achieved in this respect. It also requests the Government to provide a copy of the legislation once it has been adopted.

Article 5. Monitoring mechanisms. Further to its previous comments, the Committee notes the information provided by the Government that a mechanism to monitor communities has been established with regard, among other matters, to the sexual exploitation of women and children. The Committee requests the Government to provide information on the functioning of this monitoring mechanism and to supply reports on its activities.

Article 6. Programme of action. The Committee notes that, according to the information contained in the 2006 evaluation report on the ILO/IPEC project on the worst forms of child labour, a National Action Plan for the elimination of the worst forms of child labour will be formulated. The Committee hopes that the National Action Plan will be formulated and implemented in the near future and requests the Government to provide information in this respect, particularly regarding the programmes of action that are established and the results achieved in terms of the elimination of the worst forms of child labour. It also requests the Government to provide a copy of the Plan of Action.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. ILO/IPEC project on the worst forms of child labour. The Committee notes that, according to the 2006 evaluation report on the ILO/IPEC project on the worst forms of child labour, over 200 girls and boys will be prevented from being engaged in child labour through the implementation of a pilot programme of action in the field of education, and that 800 members of communities, including the families of children, will be targeted by awareness raising on the subject with a view to monitoring the situation in their location and identifying children at risk. The Committee requests the Government to provide information on the measures taken in the context of the implementation of the ILO/IPEC project on the worst forms of child labour to prevent children under 18 years of age from becoming victims of the worst forms of child labour and on the results achieved.

2. Access to free basic education. In its previous comments, the Committee noted that, in its concluding observations on the Government’s initial report in April 2002 (CRC/C/15/Add.172, paragraphs 56 and 57), the Committee on the Rights of the Child noted the Government’s significant efforts in the area of education, including increases in primary school enrolment rates, the adoption of measures to improve the access to education of girls and the fall in the repetition and drop-out rates. The Committee on the Rights of the Child nevertheless expressed concern that girls continue to have less access to education than boys beyond primary education and that the literacy rates of girls, particularly those over 15 years of age, are extremely low. Certain practices, such as the imposition of excessive domestic work on girls, contribute to limiting their access to education.

The Committee takes due note of the information provided by the Government on the measures that it has taken to improve the education system, particularly with regard to school attendance rates. It notes in particular the measures established, in collaboration with the specialized gender units, to facilitate the access to education of raparigas (girls) and to reduce the gap between girls and boys in this respect. The Government has also implemented an employment and vocational training strategy and the country is participating in the UNESCO Literacy Initiative for Empowerment, a ten-year initiative intended to achieve the objectives of the United Nations Literacy Decade (2003–12). The Committee notes that, according to the 2005 data of the UNESCO Institute for Statistics, the school enrolment rate at the primary level is 73 per cent for girls and 80 per cent for boys, and in secondary school 6 per cent for girls and 8 per cent for boys. Despite the Government’s efforts, the Committee expresses concern at the low school attendance rates, particularly for secondary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the education system, particularly by increasing school enrolment rates in secondary school and reducing school drop-out rates, with particular emphasis on girls.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. 1. Sale and trafficking of children for economic and sexual exploitation. The Committee previously requested the Government to provide information on the time-bound measures adopted to remove children from this worst form of child labour. Noting the absence of information in the Government’s report, the Committee notes that, apart from the Bill on the trafficking of persons, the Government does not appear to have taken specific measures to prevent and combat the sale and trafficking of children. The Committee requests the Government to adopt effective and time-bound measures for the provision of the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration, in accordance with Article 7, paragraph 2(b), of the Convention. It requests the Government to provide information in this respect.

2. Debt bondage. In its previous comments, the Committee noted that, in its concluding observations of April 2002 (CRC/C/15/Add.172, paragraphs 40 and 41), the Committee on the Rights of the Child expressed concern that children in rural areas are sometimes used to settle financial and other disputes, with families sending their children to work for periods of time to settle debts. The Committee notes that this has been confirmed by the evaluation report on the ILO/IPEC project on the worst forms of child labour. Noting the absence of information in the Government’s report, the Committee once again requests it to provide information on the time-bound measures adopted to bring an end to the practice of the use of children for the settlement of debts and to provide for the rehabilitation and social integration of these children.

3. Prostitution. The Committee previously noted that child prostitution is a common practice and is on the increase in Mozambique, especially in the Maputo, Beira and Nacala regions and in some rural areas. It notes that the Government has not provided any information in its report. The Committee therefore once again requests the Government to adopt time-bound measures for the removal of children from prostitution and to provide for their rehabilitation and social integration.

Clause (d). Children at special risk. 1. Child victims/orphans of HIV/AIDS. In its previous comments, the Committee noted that over 470,000 children have been orphaned by HIV/AIDS in Mozambique. It also noted that the Government has adopted several measures to combat the pandemic, including the formulation of a comprehensive multi-sectoral strategic plan to combat HIV/AIDS and the adoption on 5 February 2002 of Act No. 5/2002 regulating HIV/AIDS prevention measures at work.

The Committee notes that the Government has formulated a Plan of Action for the Reduction of Extreme Poverty (2006–09), which includes among its objectives special attention for child orphans of HIV/AIDS. It also notes that the Government has formulated a second Strategic National Plan on HIV/AIDS (2005–09) and a National Action Plan for Children, Vulnerable Children and Orphans. The Committee further notes that, according to the information provided by the Government, a rehabilitation centre has been established for children and young persons. However, it notes that, according to the Report on the Global Aids Epidemic published by UNAIDS, the number of children orphaned in Mozambique due to the virus is now around 510,000. The Committee expresses great concern at the very high number of children orphaned due to HIV/AIDS and observes that the negative consequences on orphans include a higher risk of being engaged in the worst forms of child labour. It therefore requests the Government to provide information on the specific time-bound measures adopted, in the context of the implementation of the plans referred to above, to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour.

2. Street children and begging. The Committee noted previously that, in its initial report submitted to the Committee on the Rights of the Child in June 2000, the Government indicated on several occasions that many children live or work in the streets in Mozambique (CRC/C/41/Add.11, paragraphs 188, 189, 191, 213, 240, 242, 246, 248, 249 and 659). The Government also indicated that the exploitation of child beggars is increasingly frequent in several provincial capitals (paragraph 659). In this respect, the Committee observed that, in its concluding observations of April 2002 (CRC/C/15/Add.172, paragraphs 68 and 69), the Committee on the Rights of the Child noted with concern that there are large numbers of children living in the streets in urban areas, that they are vulnerable and do not have access to education. Observing that the Government has not provided information on this subject, the Committee once again recalls that children who live or work in these streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect children living in the streets from the worst forms of child labour and to ensure their rehabilitation and social integration.

Article 8. International cooperation and assistance. Poverty reduction. With reference to its previous comments, the Committee notes that the Plan of Action for the Reduction of Extreme Poverty (2006–09) envisages the implementation of measures for the protection of children. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures adopted in the context of the implementation of the Plan of Action for the Reduction of Extreme Poverty (2006–09) with a view to the elimination of the worst forms of child labour, particularly with regard to the effective reduction of poverty among child victims of sale and trafficking, forced labour and debt bondage and prostitution.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes that, according to the 2006 evaluation report for the ILO/IPEC project on the worst forms of child labour, children are engaged in work in particular as traders, domestic workers and in the agricultural sector. It once again notes that no statistics relating to children engaged in the worst forms of child labour in Mozambique appear to be available. The Committee however notes that, according to the 2006 evaluation report, a study will be prepared on the worst forms of child labour. The Committee hopes that the study on child labour will contain information on the worst forms of child labour and requests the Government to provide a copy of the study as soon as it has been completed. It also requests the Government to provide information on the number and nature of contraventions, investigations, prosecutions, convictions and the penalties applied.

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

The Committee takes note of the Government’s first report.

Article 1 of the Convention. Measures to secure the prohibition and the elimination of the worst forms of child labour. The Committee notes from the information supplied by the Government that the Labour Act, No. 8/98 of 20 July 1998, is being revised. The Committee requests the Government to provide information on progress made in this revision.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. (i) For sexual exploitation. The Committee notes that the Government has provided no information on the provisions of its laws and regulations that prohibit the sale and trafficking of children under 18 years of age for the purpose of sexual exploitation. The Committee notes that in its concluding observations of April 2002 (CRC/C/15/Add.172, paragraphs 66 and 67) on the Government’s initial report, the Committee on the Rights of the Child expressed concern that in Mozambique children are the victims of trafficking for the purposes of prostitution. It also notes that in May 2003 the International Organization for Migration (IOM) indicated that Mozambican women and children were the victims of selling and trafficking to South Africa for the purpose of sexual exploitation. The Committee observes that a number of sources report trafficking of persons, including children under 18 years of age, for the purpose of sexual exploitation.

The Committee further notes from information available at the Office that, although the Penal Code contains provisions that can be applied to the selling and trafficking of children under 18 years of age for the purpose of sexual exploitation (sections 342 to 344 and section 395, on abduction), it contains no provision dealing specifically with this crime. The Committee reminds the Government that under Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for sexual exploitation is treated as one of the worst forms of child labour and that under Article 1 of the Convention, any Member which ratifies it is bound to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for the purpose of sexual exploitation. It also asks the Government to provide a copy of the Penal Code.

(ii) For the purpose of economic exploitation. The Committee notes that the Government has sent no information on the penal provisions that prohibit the sale and trafficking of children under 18 years of age for economic exploitation. It notes that in May 2003, the IOM indicated that boys were the victim of selling and trafficking for farm labour in South Africa. The Committee reminds the Government that Article 3(a) of the Convention likewise covers the sale and trafficking of children under 18 years of age for the purpose of economic exploitation. It accordingly asks the Government to indicate whether its legislation contains provisions that prohibit the sale and trafficking of children under 18 years of age for economic exploitation.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes that, under article 84, paragraph 3, of the Constitution, forced labour is prohibited unless it is performed under the penal law.

3. Forced recruitment of children for use in armed conflict. The Committee notes that in its initial report submitted to the Committee on the Rights of the Child in June 2000 (CRC/C/41/Add.11, paragraph 526), the Government indicated that under military service legislation (Law No. 24/97), incorporation into the armed forces normally occurs only in the year of the citizen’s 20th birthday. However, voluntary recruitment for military service is accepted. In no circumstances may citizens under the age of 18 take part in military action. Article 2, paragraph 2, of the law on military service nevertheless allows the possibility of age limits being altered "in time of war". According to the Government, this provision has sparked debate in various Mozambican bodies, since it raises the possibility of recruiting people younger than 18 into military activities. The Committee reminds the Government that Article 3(a) of the Convention includes forced or compulsory recruitment of children for use in armed conflict among the worst forms of child labour and requires such recruitment to be prohibited for persons under 18 years of age. It requests the Government to provide information on the measures taken or envisaged to prohibit forced or compulsory recruitment of children for use in armed conflicts, even in time of war.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Government provides no information about provisions prohibiting the use, procuring or offering of children under the age of 18 for prostitution. It notes, however, that in its initial report submitted in June 2000 to the Committee on the Rights of the Child (CRC/C/41/Add.11, paragraphs 624 and 627), the Government indicated that sections 391, 392, 394 and 406 of the Penal Code establish penalties for sexual offences, including the offence of favouring or facilitating the debauchery or corruption of a minor under the age of 21 to satisfy the dishonest desires of another person. In the same report, the Government also indicates that Decree No. 417/71 on the Jurisdictional Statute of Assistance to Minors covers sexual exploitation (CRC/C/41/Add.11, paragraphs 628 and 638). The Committee requests the Government to provide a copy of Decree No. 417/71 on the Jurisdictional Statute of Assistance to Minors.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee observes that the Government has provided no information on the provisions prohibiting the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. It notes that in its initial report submitted in June 2000 to the Committee on the Rights of the Child (CRC/C/41/Add.11, paragraph 629), the Government indicated that, as regards pornography and similar material, section 9 of Decree No. 417/71 on the Jurisdictional Statute of Assistance to Minors subjects the exhibition, sale, hire or projection of films on video cassette to the prevailing rules on the examination of shows and their classification according to the minimum age of people who may watch them. The Decree also requires establishments that display, sell or rent out films on video cassettes to ensure that those banned to under-18s should be displayed in a strictly reserved area, where minors may not enter (section 10). The Committee notes that these provisions do not prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. It accordingly asks the Government to state whether the national legislation contains any provisions that prohibit the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances, in accordance with Article 3(b) of the Convention.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that the Government has provided no information about this provision of the Convention. However, it notes from information available at the Office that because the consumption of drugs and narcotics among young people has increased and it has been confirmed that international drug rings are operating in Mozambique, in March 1997 Act No. 3/97 was passed in order to improve the legal instruments available for combating the trafficking and illicit consumption of drugs. It would appear that the Act provides for prison terms ranging from 25 to 30 years for anyone found guilty of using minors in the production, transport, distribution and consumption of the substances and by-products set forth in the schedules to the Act. The Committee requests the Government to provide a copy of Act No. 3/97 and of any other provisions that prohibit the use, procuring or offering of children under the age of 18 for illicit activities.

Article 3(d) and Article 4. Hazardous work and determination of types of hazardous work. The Committee notes that pursuant to section 80(2) of the Labour Act, activities which are dangerous or unhealthy, or require great physical strength, as determined by the competent authority, should not be entrusted to persons under 18 years of age. The Committee notes that the competent authority does not appear to have determined these activities. The Committee reminds the Government that under Article 4, paragraph 1, of the Convention, the types of work laid down in Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which states that in determining the types of work referred to under Article 3 of the Convention and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee accordingly asks the Government to take the steps needed to determine the types of hazardous work that are prohibited for children under the age of 18. It trusts that in so doing the Government will take into consideration the activities listed in Paragraph 3 of Recommendation No. 190. It asks the Government to provide information on consultations held with the employers’ and workers’ organizations.

Article 4, paragraph 2. Identifying where the types of hazardous work exist. The Committee notes that the Government has provided no information on this paragraph. It reminds the Government that, under Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the work determined to be hazardous is located. It accordingly asks the Government to take the necessary steps to give effect to the Convention on this point.

Article 5. Monitoring mechanisms. The Committee notes that section 207 of the Labour Act makes the labour inspectorate responsible for supervising application of the labour legislation. It notes that Decree No. 32/89 of 8 November 1989 contains provisions on labour inspection. Furthermore, Ministerial Decree No. 17/90 of 14 February 1990 specifies the persons responsible for enforcing provisions that give effect to the Convention. The Committee also notes from the information supplied by the Government that mechanisms for monitoring application of the provisions of the Convention were established after consultation with employers’ and workers’ organizations. The Committee requests the Government to provide information on the running of the labour inspection services and particularly their role regarding the worst forms of child labour, including extracts of reports or documents. The Committee also asks the Government to provide information on the measures taken to designate appropriate mechanisms to monitor the implementation of Article 3(a) to (c) of the Convention, which deal with penal offences.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee reminds the Government that, under this provision of the Convention, Members must design and implement programmes of action to eliminate the worst forms of child labour in consultation with relevant government institutions, employers’ and workers’ organizations and other concerned groups. It accordingly asks the Government to provide information on this matter.

Article 7, paragraph 1. Sanctions. The Committee notes that sections 391, 392, 394 and 406 of the Penal Code lay down prison terms of from two to 12 years for anyone found guilty of favouring or facilitating the debauchery or corruption of a minor under the age of 21 to satisfy the dishonest desires of another person. It also notes that under section 214 of the Labour Act, breach of the labour law, particularly section 80 on hazardous work, is punishable by a fine of from one to 20 minimum wages. The Committee asks the Government to provide information on the practical application of these provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(a) and (c), of the Convention. It therefore requests the Government to provide information on time-bound measures taken to: (a) prevent the engagement of children in the worst forms of child labour; and (c) ensure access to free basic education and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. 1. Sale and trafficking of children for sexual or economic exploitation. The Committee reminds the Government that, under Article 7(b), paragraph 2, of the Convention, Members must take effective and time-bound measures, inter alia, to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In so far as the sale and trafficking of children for sexual or economic exploitation exists in Mozambique, the Committee requests the Government to provide information on time-bound measures taken to remove children from the worst forms of child labour and provide for their rehabilitation and social integration.

2. Debt bondage. The Committee notes that, in its concluding observations of April 2002 (CRC/C/15/Add.172, paragraphs 40 and 41) on the Government’s initial report, the Committee on the Rights of the Child expressed concern that children in rural areas are sometimes used to settle financial and other disputes, with families sending their children to work for periods of time to settle debts. The abovementioned committee recommended that the Government end these practices. The Committee requests the Government to provide information on the time-bound measures taken to end the practice of using children for the settlement of debts and to provide for the rehabilitation and social integration of these children.

3. Prostitution. The Committee notes that, in its initial report submitted to the Committee on the Rights of the Child in June 2000 (CRC/C/41/Add.11, paragraphs 633 to 651), the Government indicated that in the 1990s the phenomenon of prostitution began to take on worrying proportions, particularly in the country’s main urban centres. In 1995, the Ministry for the Coordination of Social Action held the first seminar on prostitution and the sexual abuse of minors in Chimoio. Among other actions, the seminar recommended developing public education programmes to alert families and society, including the children themselves, on the risks involved in child prostitution and sexual abuse, and calling for an attitude to protect children; the guarantee of legal, psychological and medical support services for victims. The Committee notes that the Government organized meetings with a view to informing civil society and the police about prostitution and sexual exploitation. It also notes that in its concluding observations (CRC/C/15/Add.17, paragraphs 66 and 67) on the Government’s initial report of April 2002, the Committee on the Rights of the Child noted with concern that child prostitution is a common practice and is on the increase in Mozambique, especially in the Maputo, Beira and Nacala areas and in some rural areas. The Committee requests the Government to take time-bound measures to remove children from prostitution and provide for their rehabilitation and social integration.

Clause (d). Children particularly exposed to risks. 1. Children suffering from/orphaned by HIV/AIDS. The Committee notes from an epidemiological fact sheet on HIV/AIDS produced by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO) in 2004, that more than 470,000 children have been orphaned by HIV/AIDS in Mozambique. The Committee also notes that, according to UNAIDS, the number of persons living with HIV in Mozambique would reach 1.5 million in 2005, 48 per cent of whom would be women. Moreover, the number of children orphaned by the disease would double within the five years to come. The Committee notes that the Government has taken steps to combat the pandemic. It has created the National Aids Council and adopted a comprehensive multisectoral strategic plan to combat HIV/AIDS. In addition, on 5 February 2002, it adopted Act No. 5/2002 regulating HIV/AIDS prevention measures at work. Furthermore, according to information available at UNAIDS, three national seminars on HIV/AIDS were held in the country in September 2004, December 2004 and June 2005. In May 2005, a four-year programme to combat the increase of HIV/AIDS among women in the country was launched, and a national HIV/AIDS strategic plan (2005-09) has been prepared.

The Committee observes that HIV/AIDS has repercussions for orphans, who run the risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no efforts to reduce the incidence of HIV/AIDS by preventing its transmission among the population. The Government is also asked to provide information on the impact of the measures or programmes referred to above in protecting children suffering from or orphaned by HIV/AIDS from the worst forms of child labour.

2. Street children and begging. The Committee notes that in its initial report submitted in June 2000 to the Committee on the Rights of the Child, the Government mentioned several times that many children live or work on the streets in Mozambique (CRC/C/41/Add.11, paragraphs 188, 189, 191, 213, 240, 242, 246, 248, 249 and 659). The Government also indicates in the report (paragraph 659) that the phenomenon of the exploitation of child beggars was growing in several provincial capitals. In some cases, children accompany elderly or disabled members of their own families who are begging for alms, while in others, children of poor families are being "contracted" to accompany neighbours or other disabled and elderly people who are not members of their family, with the promise of a certain percentage of the money gained at the end of the day. In many cases, the child does not benefit, at least directly, from the income obtained and the activity sometimes prevents children from attending school. A further negative aspect is that children are brought into permanent contact with the underworld of street life and are thus exposed to the dangers of the situation, and could become potential candidates for living on the streets.

The Committee notes in this connection that, in its concluding observations (CRC/C/15/Add.172, paragraphs 68 and 69) on the Government’s initial report of April 2002, the Committee on the Rights of the Child noted with concern that: (a) there are large numbers of children living on the street in urban areas; (b) street children are vulnerable to, inter alia, sexual abuse, violence, including from the police, exploitation, substance abuse, sexually transmitted diseases, HIV/AIDS and malnutrition, and lack of access to education. That Committee recommended that the Government: (a) identify the numbers and locations of street children; (b) provide protection to street children and ensure their access to education, health and other services; (c) strengthen efforts to assist children in leaving the street, placing greater emphasis on alternatives to institutionalization and with special attention to family reconciliation. In that Committee’s view, children living or working on the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to continue to provide information on the measures taken or envisaged to ensure protection, including for street children, against the worst forms of child labour and to provide for the rehabilitation and social integration of such children.

Clause (e). Special situation of girls. The Committee notes that in its final 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 noted the Government’s significant efforts in the area of education, including increases in primary school enrolment rates, and the fall in the repetition and drop-out rates. That Committee nevertheless remained concerned that girls continue to have less access to education than boys beyond primary education; literacy levels, among girls, particularly those over 15 years, are extremely low; lower importance is placed by parents and communities on the education of girls in comparison to that of boys; some practices, such as excessive domestic work required of girls, early marriage and early pregnancy, contribute to limiting girls’ access to education. Among other actions, the Committee on the Rights of the Child recommended that the Government make greater efforts to ensure that girls have the same opportunities as boys to attend formal education; take steps to ensure that the education of girls is seen by parents, families and communities as of equal importance as that of boys; and end traditional and other practices, such as excessive domestic work, which prevent girls from attending school. The Committee is of the view that education contributes to eliminating many of the worst forms of child labour, and accordingly expresses the hope that the Government will pursue its efforts and take the necessary steps to improve the education system, ensure that children attend school regularly and reduce the drop-out rate, particularly among girls.

Article 8. Enhanced international cooperation and assistance. The Committee notes the Government’s statement that in 1999 it adopted an action plan for the elimination of poverty. The Committee requests the Government to provide information on the plan’s impact in the elimination of poverty, and in particular, its contribution to eliminating the worst forms of child labour. It encourages the Government to cooperate with other countries and asks it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee takes note of a rapid assessment of work by children under the age of 18 in Mozambique, published in 1999, by the Ministry of Labour in cooperation with UNICEF. It notes however that the above assessment gives no statistics of the total number of children engaged in the worst forms of child labour. It requests the Government to take the necessary steps to remedy this and to provide statistics and information on the nature, extent and trends of the worst forms of child labour, on the number of children covered by the measures giving effect to the Convention, on the number and nature of infringements reported, on investigations, prosecutions, convictions and the penalties applied. To the extent possible, the information should be disaggregated by gender.