Texts of pending comments

Articles 1 and 2 of the Convention. Scope of application. Weekly rest period. In previous comments, noting that under section 3(1)(c) and (d) and (2) of the Labour Act, work in mines and ports is governed by specific legislation and that the Labour Act applies to these workers in so far as it is compatible with their nature and characteristics, the Committee requested the Government to indicate the legislation relating to weekly rest applicable to these categories of workers. The Committee notes that, in its report, the Government indicates that Decree No. 13/2015 of 3 July 2015 approved the Mining Labour Regulations and Decree No. 46/2016 of 31 October 2016, approved the Dock Work Regulations. The Committee observes that while section 13 of the Mining Labour Regulations provides that the normal weekly rest of mine workers and oil must be of one day, the Dock Work Regulations does not seem to contain any provision on weekly rest for this category of workers.

Moreover, the Committee had previously noted that section 95(1) of the Labour Act which provides that the minimum weekly rest period is at least 20 consecutive hours, is not in conformity with Article 2(1) of the Convention requiring a period of weekly rest comprising at least 24 consecutive hours. Noting the Government’s indication that the issue of the length of weekly rest is being considered in the framework of the Labour Act’s revision process, the Committee requests the Government to take the necessary measures to: (i) bring the national legislation in line with the principle of 24 hours’ weekly rest required by the Convention; and (ii) ensure that dock workers have the benefit, in law and in practice, of a 24 hour period of rest per week. It also requests the Government to provide information on any progress made in this regard, as well as copies of any new legislation recently adopted on this subject.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 17 (workers’ compensation, accidents), and 18 (workers’ compensation, occupational diseases) together.

Articles 2 and 3(2) of Convention No. 17. Special schemes for the coverage of certain categories of workers. In its previous comments, the Committee requested the Government to indicate whether any of the special schemes foreseen in section 3 of the Act No. 23/2007 for the social security coverage of domestic workers, workers in the sports sector, artists, and workers in the rural sector, had been implemented.

(i) Coverage of domestic workers. The Committee notes the indications provided by the Government in its report in relation to the coverage of domestic workers and its reference to the Domestic Work Regulations (Decree no. 40/2008). It notes, in particular, that section 13 c) of the Regulations establishes an obligation for the employer to provide medical care in case of work accidents and occupational diseases to their domestic employees, and to grant compensation, while section 27(1) establishes that after 30 days, the guarantees in cases of temporary incapacity for work cease, without prejudice to the observance of the applicable provisions on social security. The Committee requests the Government to (i) indicate if domestic employees who suffer personal injury due to a work accident are afforded financial compensation and medical care in case of incapacity for work and need for such care lasting for more than 30 days; and (ii) provide information on the measures which guarantee the coverage and provision of compensation and medical care to domestic employees who are incapacitated for work or who require medical care for longer than 30 days.

(ii) Coverage of workers in the sports sector. The Committee takes note of the indication provided by the Government about the issuance of the Regulations on Sports Employment (Decree no. 48/2014 of 21 August 2014), pursuant to which employers in the sports sector have the obligation to register their employees with, and pay contributions to, the national social security system (section 14 (1)(e)). It further notes that they are included, together with artists, in the scope of application of the Regulations on Mandatory Social Security, when associated to a sports club or company (section 3(2)(i)). The Committee observes, however, that, pursuant to Decree No. 62/2013, approving the Regulations Establishing the Legal Regime Governing Industrial Accidents and Occupational Diseases, coverage for work injury compensation in Mozambique is not provided through social insurance, but through a system of employers’ liability, with an obligation for employers to insure their responsibility. The Committee requests the Government to specify whether the compensation of workers in the sports sector for personal injury due to a work accident is afforded by the social security system, or whether it is the employers’ responsibility, and to indicate the relevant provisions of the national legislation.

(iii) Coverage of artists and rural workers. Concerning artists and rural workers, the Committee notes that that Government indicates that relevant regulations have not been created and that efforts will be made in this regard. The Committee invites the Government to keep it informed of any development in this regard and, in particular, on any measure taken or envisaged for the implementation of section 3 of Act No. 23/2007, which provides for the establishment of special schemes for artists and rural workers in cases of work accidents.

Article 7 of Convention No. 17. Additional compensation for the constant help of another person. The Committee takes note of the complementary information provided by the Government regarding the additional compensation to which victims of work injuries may be entitled for the constant help of another person, as set out in Decree No. 62/2013.

Article 11 of Convention No. 17. Guarantees in the event of insolvency of the employer or insurer. In its previous comments, the Committee noted that the system established by Decree No. 62/2013 provided for the transfer of employer’s responsibility for employment injury coverage to accredited insurance companies, and requested the Government to indicate the measures guaranteeing that compensation continued to be granted in cases where the insurance company and/or the employer became insolvent. The Committee notes the Government’s reply indicating that the Regulations provided through the above-mentioned Decree do not specify who is responsible in these cases. Recalling that Article 11 of the Convention requires that national laws or regulations must make provision to ensure in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to the injured person, or, in case of death, to his/her dependants, the Committee requests the Government to take the necessary measures to give full effect to Article 11 of the Convention.

Article 2 of Convention No. 18. Schedule of occupational diseases. In its previous comments, the Committee noted that Decree No. 62/2013 was in line with sections 269 and 233(5) of the Labour Code, and requested the Government to specify when regulations would be adopted so as to give effect to sections 224(2) and 269 of Act No. 23/2007 and section 20(4) of Decree No. 62/2013, operationalize the schedule of occupational diseases laid down by the Labour Code, and specify the industries and processes in which the origin of the disease is presumed to be occupational in nature, as required by Article 2 of the Convention. The Committee notes the Government’s reply indicating that, as a result of the current review of the Labour Act, it is not possible to envisage when the expected regulations will be issued, and that a feasibility study will be carried out in this regard. The Committee requests the Government to indicate if, in the absence of the specific regulations concerning industries and occupations likely to provoke occupational illnesses as provided by sections 224(4) and 269 of the Labour Act and section 20(4) of Decree No. 62/2013, in conformity with the Schedule appended to Article 2 Convention No. 18, currently all diseases and poisonings produced by the substances listed in section 224(2) of Act No. 23/2007 and in section 20(2) of Decree No. 62/2013 are considered as occupational diseases, irrespective of the trade or industry in which workers are engaged, and to continue providing information on regulations issued in this regard.

Application of the Conventions in practice. With reference to its previous comments concerning the application of Convention No. 18 in practice, the Committee once again requests to the Government to provide information on the number of occupational diseases reported; the details of the industrial processes that cause the occupational diseases; the number of workers employed in such industries; and the amounts of the benefits in cash and in kind that have been provided following an occupational disease. As regards the application of Convention No. 17 in practice, the Committee requests the Government to submit the information requested in the report form in this regard, providing a general appreciation of the manner in which the Convention is applied, including for instance reports of the inspection services and statistical information, in so far as it is available.

Conclusions and recommendations of the Standards Review Mechanism. With respect to its previous comment, the Committee notes the Government’s indication that it welcomes the reference of the Committee concerning the recommendations of the Standards Review Mechanism (SRM) Tripartite Working Group, based on which the Governing Body has decided that Member States for which Conventions Nos 17 and 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI (see GB.328/LILS/2/1). In this regard, the Committee notes the Government’s indication that efforts will be made to realize a feasibility study concerning the possibilities of ratification. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard, and once again encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in the area of employment injuries and occupational diseases.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 and 30 (hours of work) together.

Legislative developments. The Committee notes that in its report on Convention No. 14, the Government indicates that the Labour Act No. 23/2007 of 1 August 2007 is under revision. In this context, the Committee requests the Government to take its comments, set out below, into account when finalizing the current legislative reform and to provide information on any legislative development relating to the abovementioned reform. It recalls that the Government can avail itself of the technical assistance of the ILO in this process.

Article 1 of Convention No. 1. Scope of application. The Committee had previously requested the Government to indicate the legal provisions regulating working time in mining work, port work and maritime work, which are currently excluded from the scope of application of the Labour Act. The Committee notes that the Government indicates in its report that the Decree No. 13/2015 of 3 July 2015 approved the Mining Labour Regulations, the Decree No. 46/2016 of 31 October 2016 approved the Dock Work Regulations, and the Decree No. 50/2014 of 30 September 2014 approved the Maritime Labour Regulations. The Committee takes note of this information, which addresses its previous request.

Article 5 of Convention No. 1 and Article 6 of Convention No. 30. Variable distribution of working hours over periods longer than a week. In previous comments, noting that section 85(4) of the Labour Act provides that the average weekly working time of 48 hours may be calculated using a reference period not exceeding six months, the Committee recalled that the Conventions permit the averaging of hours of work only in exceptional cases, and require either a prior agreement between workers’ and employers’ organizations to which Governments may give the force of regulations (Article 5(1) of Convention No. 1) or regulations made by the public authority (Article 6 of Convention No. 30). The Committee notes that the Government does not provide any relevant information on this issue. The Committee requests the Government to take the necessary measures to restrict the introduction of the averaging of hours of work over a reference period longer than a week to exceptional circumstances and to make it conditional upon the procedure of authorization required by the Conventions.

Article 6(1)(a) and (b) and (2) of Convention No. 1 and Article 8 of Convention No. 30. Permanent and temporary exceptions. Prior consultations with social partners. In previous comments concerning sections 86(1) and 90(2) of the Labour Act, which provide for permanent and temporary exceptions to normal working hours, the Committee had requested the Government to provide information on how effect is given to the Conventions’ requirement to determine these exceptions by regulations made only after consultation with the workers’ and employers’ organizations concerned. In this respect, the Committee notes that the Government indicates that before the approval of any regulation establishing permanent or temporary exceptions to normal working hours, instruments are examined, and agreements reached by tripartite constituents in the framework of the Consultative Labour Commission (CCT) created by Decree No. 7/94 of 9 March 1994. The Committee takes note of this information, which addresses its previous request.

Articles 3 and 6(1)(b) of Convention No. 1 and Article 7(2) of Convention No. 30. Temporary exceptions. Circumstances. The Committee had previously noted that: (i) section 85(3) of the Labour Act provides that under collective labour regulation instruments, normal daily working hours may be increased in exceptional cases by up to a maximum of four hours; and that (ii) section 86(3) of the Labour Act provides that increases in the maximum limits of normal working hours may be established by a government decision on the recommendation of the labour minister and the minister who oversees the sector of activity in question. In this respect, the Committee had observed that neither section 85(3) nor section 86(3) of the Labour Act clearly define the exceptional circumstances under which normal hours of work may be temporarily increased.

Moreover, the Committee notes that section 9(3) of the Dock Work Regulations provides that by collective agreement, normal working hours may be increased up to 12 hours, not exceeding 56 hours per week. It also notes that section 8(2) of the Mining Labour Regulations provides that normal working hours can be increased or reduced by Government determination or by instrument of collective labour regulation under the terms of the Labour Act, provided that they are no longer than 12 hours per day and 56 hours per week. The Committee observes that these two provisions do not refer to the exceptional character of those increases in normal working hours, and do not specify the circumstances under which resort to those increases is allowed. The Committee wishes to emphasize the importance of national legislation and practice restricting recourse to exemptions from the maximum limits to hours of work (namely eight hours in the day and 48 hours in the week) to cases of clear, well-defined and limited circumstances (2018 General Survey on working time instruments, paragraph 119). The Committee requests the Government to take the necessary measures to ensure that the legislation providing for temporary exceptions to normal working hours, either general or for specific categories of workers like dock and mining workers, clearly define the exceptional circumstances in which normal working hours are temporarily increased. The Committee also requests the Government to supply information on progress made in this regard.

Article 6(2) of Convention No. 1 and Article 7(3) of Convention No. 30. Additional hours of work allowed. In previous comments, the Committee had noted that section 86(3) of the Labour Act providing for temporary exceptions to normal working hours does not fix any limit to additional hours allowed in each case, as required by Article 6(2) of Convention No. 1. It had also noted that section 90(3) of the Labour Act does not fix any daily limit to additional hours in case of temporary exceptions, as required by Article 7(3) of Convention No. 30. The Committee notes that the Government does not provide any information in this regard. The Committee requests the Government to take the necessary measures to ensure that regulations made by public authority determine: (i) the maximum number of additional hours allowed in case of temporary exceptions (Article 6(2) of Convention No. 1); and (ii) the maximum number of daily additional hours of work allowed in case of permanent exceptions (Article 7(3) of Convention No. 30).

Article 6(2) of Convention No. 1. Compensation for overtime. The Committee notes that the Dock Work Regulations (section 9(2), (3) and (4)) and the Mining Labour Regulations (sections 8(2) and 15) provide for increases in normal working hours, but do not seem to contain provisions on the compensation for those additional hours. The Committee notes that section 115 of the Labour Act provides that overtime performed until eight o’clock at night shall be paid at the normal wage rate plus 50 percent, that overtime performed between eight o’clock at night and the start of the normal working hours of the following day shall be paid at the normal wage rate plus 100 percent, and that exceptional work shall be paid at the normal wage rate plus 100 percent. The Committee requests the Government to indicate whether section 115 of the Labour Act applies to dock and mining workers in cases where their normal working hours are increased.

Article 8(2) of Convention No. 1 and Articles 11(3) and 12 of Convention No. 30. Penalties. In previous comments, the Committee had requested the Government to indicate the sanctions provided for in case of infringement of the working time legislation. The Committee notes that the Government indicates that, regarding infringements of the working time legislation, general sanctions provided for in section 267 of the Labour Act are applicable on a case-by-case basis. The Committee takes note of this information, which addresses its previous request.

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. 1. Role of labour inspectors in monitoring the working conditions of migrant workers found in an irregular situation. Following its previous comments, the Committee notes that the Government has once again not provided information on the measures taken or envisaged to guarantee that labour inspectors ensure that employers fulfil their obligations to foreign workers in an irregular situation, as well as on measures to ensure that the functions assigned to labour inspectors regarding the verification of the contractual or residence status of foreign workers do not interfere with the main objective of labour inspectors. In this regard, the Committee notes with concern that, according to the “General Guidelines for Inspections 2017” communicated by the Government with its report, labour inspectors shall: (i) verify the existence of cases of foreign workers, with temporary residence, who remain in the national territory after the period of validity of the contract by virtue of which they entered Mozambique; and (ii) in the case of termination of the employment contract for any reason, verify whether the employer has communicated this termination to the entity that oversees the working area and the migration services of the province where the citizen has been working, through a separate document, within 15 days from the termination. The Committee further notes that: (i) section 4(3)(c) of Decree No.19/2015 approving the Organic Statute of the General Labour Inspectorate, provides that labour inspectors shall control the obligations regarding the employment of foreign workers; (ii) section 26 of Decree No. 37/2016 approving the Regulation of Mechanisms and Procedures for Employment of Citizens of Foreign Nationality provides that the General Labour Inspectorate is responsible for supervising compliance with the provisions of this Regulation; (iii) section 27 of Decree No. 37/2016, stipulates that failure to comply with the provisions on the employment of foreign labour shall be punished by suspension and a fine equal to five to ten monthly salaries earned by the foreign worker in respect of whom the offence has been committed; and (iv) section 28 of Decree No. 37/2016, provides that, whenever the General Labour Inspectorate or its provincial delegation becomes aware of any fact that could be ground for revoking the act that allowed the employment of the foreign worker, it shall prepare a file containing, in summary, the evidence necessary for taking a decision. The Committee finally notes, from the statistical information provided by the Government in its report, that 513 foreign workers in an irregular situation were detected in 2020, whose employment relationship was subsequently suspended. The Committee requests once again the Government to take the necessary measures, in law and in practice, to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers, in accordance with Article 3(2) of Convention No. 81. The Committee also requests the Government to indicate the manner in which labour inspectors ensure the enforcement of employers’ obligations with regard to the statutory rights of migrant workers in an irregular situation (such as payment of outstanding wages, social security benefits or the conclusion of an employment contract).

2. Role of labour inspections relating to the exercise of trade union rights. The Committee previously noted that, pursuant to section 4(5) (a) and (b) of Decree No. 45/2009, the functions of the General Labour Inspectorate include that of registering trade unions, and verifying the legality of their by-laws. The Committee recalls, as emphasized in its 2006 General Survey, Labour inspection, paragraph 80, that labour inspectors should only exercise such supervision in exceptional cases, such as offences or violations of the law denounced by a significant number of members of trade unions and employers’ organizations. Noting the absence of a reply from the Government in this respect, the Committee once again requests the Government to take the necessary measures to ensure that labour inspectors are relieved from any tasks which might be perceived as interfering in the activity of trade unions’ and employers’ organizations and therefore be prejudicial to the authority and impartiality necessary to inspectors in their relations with employers and workers.

3. Role of labour inspectors in conciliating and mediating labour disputes. The Committee previously noted that: (i) pursuant to section 4(5)(c) and (d) of Decree No. 45/2009, the functions of the General Labour Inspectorate include the provision of technical assistance concerning the process of collective bargaining and intervening in industrial conflicts; and (ii) requests to labour inspectors for conciliation and mediation have decreased following the entry into operation of the Mediation and Arbitration Centres for Labour Disputes at the provincial level. The Committee notes that the Government does not indicate whether it foresees, in view of the establishment of the Mediation and Arbitration Centres, to relieve labour inspectors from the function of mediation and conciliation. The Committee requests once again the Government to take the necessary measures, in law and in practice, to ensure that, in line with Article 3(2) of the Convention, additional duties assigned to labour inspectors, other than their primary duties, do not interfere with the effective discharge of the latter. It also requests the Government to provide information on any progress made in this regard.

Articles 10, 11 and 16. Human resources and material means, including transport facilities. Coverage of workplaces by labour inspections. The Committee previously noted that: (i) the number of labour inspectors is very low in relation to the number of workplaces subject to labour inspection and the incidence of labour conflicts; (ii) difficulties in the application of the Convention relate to the availability of transport facilities and the coverage of workplaces by labour inspections in remote areas; and (iii) expenses incurred by labour inspectors when using their own vehicles are not reimbursed. The Committee notes that the Government does not provide information in this regard. It notes, however, from the statistical information provided by the Government, that labour inspectors visited 8,723 establishments (covering 131,663 workers) in 2020 compared to 10,106 establishments (covering 158,690 workers) in 2017 and 6,872 establishments (covering 183,467 workers) in 2013. The Committee once again requests the Government to describe the current situation of the labour inspection services in terms of the human resources and material means available, including transport facilities to enable labour inspectors to carry out inspection visits. Recalling once again that under Article 11(2) of the Convention, the competent authority shall make the necessary arrangements to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties, the Committee requests the Government to take measures to this effect in the very near future and to provide information on the progress made in this respect.

Articles 20 and 21. Publication and communication of an annual report on labour inspection. In its previous comment, the Committee took note of the 2013 annual report of the General Labour Inspectorate. While noting the statistical information provided by the Government on inspection visits and violations and penalties imposed, the Committee notes that the annual report on the activities of the labour inspectorate has not been communicated. The Committee therefore requests the Government to take the necessary measures to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Article 20 of the Convention, and to ensure that such reports contain information on all the subjects listed under Article 21 of the Convention.

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

Articles 3(1)(b) and 13 of the Convention. Preventive activities of the labour inspection services in the area of occupational safety and health (OSH), including measures with immediate executory force. The Committee notes that the Government refers in its report to the number of warning notices for education and guidance purposes issued by the labour inspectorate in 2020. Noting the absence of information on the measures with immediate executory force adopted by the labour inspection service, the Committee once again requests the Government to provide information on the application in practice as well as relevant statistical information in relation to section 12(m) of Decree No. 45/2009, providing labour inspectors with the authority to take measures with immediate effect, such as the suspension of all operations in the event of serious and imminent danger for life, safety and health of workers.

Article 6. Conditions of service of labour inspectors and legal protection of labour inspectors for initiating the necessary inspection procedures. The Committee previously noted that, in accordance with section 49 of Decree No. 45/2009 regulating the general labour inspectorate, a ministerial decree shall determine the qualifications for positions within the general labour inspectorate, as well as the career structure and remuneration of inspection staff. The Committee notes the Government’s indication that a Framework for Inspection Personnel is currently being formulated. The Committee further notes that, according to section 10 of Decree No. 19/2015 approving the Organic Statute of the General Labour Inspectorate and establishing new provisions, labour inspectorate personnel is governed by the civil service regime and by specific legislation applicable to the inspection. Noting the absence of information in this respect, the Committee once again requests the Government to specify the levels of remuneration and career prospects of labour inspectors in relation to other categories of public servants exercising similar duties, such as tax inspectors. The Committee further requests the Government to provide information on the developments in the process of adoption of the Framework for Inspection Personnel, and to provide a copy of any text implementing section 49 of Decree No. 45/2009 and section 10 of Decree No. 19/2015.

In addition, the Committee previously noted that: (i) section 36(1) of Decree No. 45/2009 provides for the rights granted to labour inspectors when they are subject to legal proceedings with regard to their actions taken in the course of their duties (attorney’s fees, costs of litigation, transport costs, etc.) and (ii) section 36(3) of the same Decree, provides that labour inspectors have to reimburse the relevant costs incurred by the labour inspectorate where the court finds that labour inspectors have committed an individual or procedural error. Noting the absence of information in this regard, the Committee once again recalls the importance of guaranteeing labour inspectors’ working conditions to ensure their independence from any improper external influences. Therefore, the Committee urges the Government to provide detailed information on the application in practice of section 36, including on proceedings initiated against labour inspectors over recent years (offences alleged, legal provisions invoked, duration of the proceedings, etc.) and their outcomes.

In its previous observation, the Committee noted with regret the lack of action taken by the Government to investigate alleged acts of violence against striking workers in the sugar-cane plantation sector and emphasized that where such cases are brought to the Government’s attention, the competent authorities should begin an inquiry immediately and take appropriate measures to bring the perpetrators to justice. The Committee notes that the Government emphasizes that, through the Labour Mediation and Arbitration Commission (COMAL) and the General Inspection of Labour, it is committed to rigorously investigate the events to ascertain the facts and apply the appropriate sanctions to bring about justice. It further notes the Government’s indication that it will provide information on the matter in its next reports. Recalling that the abovementioned allegations were brought to the Government’s attention in 2008, the Committee expects that the events will be investigated shortly, and urges the Government to provide detailed information on the results of the inquiry and, in case of conviction, on the sanctions imposed.

The Committee also takes note of the observations of Public Services International (PSI) received on 1 October 2020, which refer to the conclusions of the Committee on Freedom of Association in Case No. 3296 and denounce the failure by the Government to amend the legislation to facilitate the registration of a public sector union. The Committee requests the Government to provide its comments thereon.

Article 2 of the Convention. Registration of workers’ and employers’ organizations. In its last observation, the Committee expected that the Government would take the necessary legislative measures, in full consultation with the social partners, to bring into conformity with the Convention section 150 of the Labour Act, which allows the central authority of the labour administration an unduly restrictive period of 45 days to register a trade union or an employers’ organization. It also requested the Government to provide information on the current application in practice of section 150 in the meantime (number of trade unions registered in a year and the time taken by the requesting authorities to register a union). The Committee notes the Government’s indication that: (i) the revision process of the Labour Act is not yet completed; (ii) the information on the number of trade unions registered in a year will be provided as soon as available; and (iii) the information on the time taken by the requesting authorities to register a union will be provided as soon as the new Labour Act is approved. The Committee expects that the revision process of the Labour Act will be completed in the near future and that, in full consultation with the social partners, the Government will take the necessary measures to ensure that section 150 is brought into line with the Convention. It requests the Government to inform of any evolution in this respect and to provide a copy of the new Labour Act once adopted. The Committee also reiterates its request for the Government to provide information on the practical application of the existing provision, specifically for the years 2019, 2020, and 2021 (number of trade unions registered in a year and the time taken by the requesting authorities to register a union).

Article 3. Penal responsibility of striking workers. The Committee previously expressed its expectation that the Government would take the necessary measures to amend section 268(3) of the Labour Act, under the terms of which any violation of sections 199 (freedom to work of non-strikers), 202(1) and 209(1) (minimum services) constitutes a breach of discipline for which workers who are on strike are liable under both civil and penal law. The Committee notes that the Government states that the Labour Act is still under revision and that it will inform of the new measures once the revision is completed. The Committee recalls that it considers that adequate safeguards and immunities from civil liability are necessary to ensure respect for the right of workers to exercise legitimate industrial action. It further recalls that no penal sanction should be imposed against a worker for having carried out a peaceful strike and on no account should measures of imprisonment be imposed except in cases of violence against persons or property or other serious infringements of rights and only pursuant to legislation punishing such acts. The Committee trusts that the Government will take all necessary measures to ensure that amendments to the abovementioned provisions are included in its revision of the Labour Act so as to bring these provisions into conformity with the Convention. The Committee requests the Government to provide information on any evolution in this regard and reminds it that it may avail itself of the technical assistance of the Office.

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

Act on the right to organize in the public services (Act No. 18/2014)

The Committee takes note of the Government’s indication that a revision process of the Act on the right to organize in the public services (Act No. 18/2014) is underway. The Committee hopes that this ongoing revision process, which should be conducted in full consultation with the most representative workers’ and employers’ organizations, will take into account its comments on the provisions below with a view to bringing them into full conformity with the Convention. The Committee requests the Government to keep it informed of the progress achieved and to provide a copy of the new Act after its adoption.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and to join organizations of their own choosing without previous authorization. The Committee had previously noted that section 4 of the Act provides that the exercise of freedom of association by 16 categories of public servants (including officers of the police, the armed forces, prison services, migration services, public relief services, magistrates and various categories of public servants exercising managerial functions or in positions of trust) will be regulated by specific legislation. It had also noted that section 57 of the Act provides that all public servants and employees may, if they so wish, establish and join trade union organizations, with the exception of the public servants referred to in subsections (d) and (e) of section 4, which relate to public servants in positions of trust, diplomatic posts and officers of paramilitary forces, including forest guards and inspectors. After recalling that the right to establish and join occupational organizations shall be guaranteed for all employees in the public service and that only the armed forces and the police may be excluded from the guarantees of the Convention, the Committee requested the Government to amend section 57 of the Act and to provide any relevant information concerning the adoption of the specific legislation referred to in section 4 of that Act. Noting the Government’s indication that these issues will be addressed in the discussions held as part of the revision process, the Committee requests the Government to keep it informed of any progress made regarding the amendment of section 57 of the Act and once again requests the Government to provide information regarding the specific legislation mentioned in section 4 of the Act.

Article 3. Election of trade union representatives in full freedom. In its previous comments, the Committee had noted that section 18(2) of the Act provides that only members who, in accordance with the law, have the status of public servants may be designated trade union representatives. The Committee had also noted that section 3 of the Act stipulates that its scope of application also includes public servants and employees who are retired. Recalling that the limitation of access to the function of trade union representation to one profession or, as in the present case, to a specific professional status, may impair the right of organizations to elect their representatives in full freedom, the Committee requested the Government to indicate whether section 18(2) allows retired public servants to be appointed as trade union representatives and, should the Act not allow retired officials to be elected, to amend this provision. The Committee notes that the Government indicates that this aspect will also be discussed during the revision process and that the information requested will be provided once the new Act is approved. While taking due note of the Government’s statement, the Committee expects that the revision process will ensure that legislation is amended so as to not preclude retired public employees from being able to be elected as union officers. The Committee requests the Government to keep it informed of any evolution in this respect.

Article 3. Right of trade union organizations to formulate their programmes in full freedom. The Committee had previously noted that section 7(3) of the Act provides that the exercise of the right to strike by public servants and employees shall be regulated by specific legislation. The Committee requested the Government to provide full information on the adoption of the legislation in question and to indicate the rules which currently govern the exercise of the right to strike by public servants and employees. Noting the Government’s indication that these matters will be addressed during the revision process, the Committee expects that they will be clarified and requests the Government to provide information on any development in this regard. The Committee also reiterates its request for the Government to specify which rules currently regulate the exercise of the right to strike by public servants and employees.

Article 4. Dissolution of trade unions by judicial authority. The Committee had previously noted that section 17(c) of the Act provides that a trade union may be dissolved by judicial decision further to an action by the Attorney General, not only when it is found that the true objectives of the organization are unlawful, but also when they are contrary to public morals or very different from the aims set out in its statutes. The Committee had considered that the last two grounds enumerated in section 17(c) were vague in nature and could give rise to decisions liable to impair the guarantees set out in the Convention. Emphasizing the importance of having the grounds justifying the judicial dissolution of trade unions set out precisely in the legislation and confined to serious violations of the legal provisions in force, the Committee noted with regret the absence of any developments and expected that all necessary measures would be taken by the Government, in full consultations with social partners, so as to amend section 17(c) of the Act. The Committee notes that the Government, in its report, states that it will be able to pronounce itself on this matter after the revision process is completed. The Committee expects that, within the framework of the revision process, the Government will take all necessary measures to ensure that section 17(c) of the Act is amended in light of the above and requests the Government to keep it informed of any progress made in this respect.

Labour Act (Act No. 23/2007)

Article 3. Right of trade unions to formulate their programmes. The Committee had previously requested the Government to take the necessary measures to amend the following provisions of the Labour Act:

– section 189, which provides for compulsory arbitration for the essential services listed in section 205, which include the postal services, the loading and unloading of animals and perishable food stuffs, fuel supply, private security services and export processing zones (section 206 and Decree No. 75/99). The Committee recalled that compulsory arbitration to end collective labour disputes or strikes is acceptable only in cases where the strike may be restricted or prohibited, namely in the case of a dispute involving public servants exercising authority in the name of the State or in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) or in situations of acute national crisis. Under these conditions, the Committee considered that disputes which may arise in services enumerated in the Labour Act should not be subject to compulsory arbitration and could be resolved within the framework of the mediation and conciliation procedures established by law;
– section 207, which provides that the strike notice shall indicate the duration of the strike. In this regard, the Committee noted the Government’s indication that this provision may be construed as allowing a strike of limited or unlimited duration, as nothing in the law imposes a time limit on strikes. The Committee considered in this regard that the wording of section 207 should be amended to provide explicitly for the right of workers and their organizations to call a strike of unlimited duration; and finally
– section 212, under which a strike may be ended by a decision of the mediation and arbitration body. In this regard, the Committee previously noted the Government’s indication that section 212(1) provides for other procedures for ending strikes, including agreement between the parties concerned or a decision by a trade union organization. The Committee recalled its view that a decision to put an end to industrial action must be taken by the workers and organizations which called the strike, and not by a mediation body.

In its last direct request, while noting the Government’s indication that it was in the process of reviewing the Labour Act and that all observations and comments made by the Committee would be taken into consideration for action, the Committee expected that the Government would take the necessary measures, in full consultation with social partners, to bring all the above-mentioned provisions into conformity with the Convention. The Committee notes that the Government, in its report, emphasizes that the amendment of sections 189, 207 and 202 is dependent on the approval of the new Labour Act and that these and other related questions may be answered after the revision is completed. The Committee trusts that the revision will be completed shortly and that the new Labour Act will ensure full conformity of all the provisions described above with the requirements under the Convention. It requests the Government to indicate all progress achieved in this respect.

The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in relation with the revision of the Acts referred to above.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1 to 5 of the Convention. Contribution of the employment service to employment promotion. Cooperation with the social partners. The Committee notes the information provided by the Government in reply to the 2009 direct request. The Government indicates that the operation of employment services is supervised in the context of the implementation of its five-year programme and that the social partners are involved, particularly in the context of drawing up draft legislation respecting employment services. Moreover, a skills framework for technicians, wage-earners and employees (Qualificador Comum de Técnicos, Operários e Empregados), which has been favourably received by the social partners, is reported to be in the final stages of preparation. The Committee requests the Government to provide more detailed information on the activities carried out by employment services with a view to promoting full employment. It also requests the Government to provide statistical data on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices.

Articles 7 and 8. Measures for particular categories of jobseekers. The Government indicates that recently qualified young people account for the majority of beneficiaries of the Employment and Vocational Training Strategy (2006–15). The Committee also notes that the Government has placed emphasis on measures to improve the services provided by employment services through, among other steps, the consolidation of the Support Fund for initiatives by young people, the provision of training to young entrepreneurs and the organization of employment grants for young people in coordination with the private sector. The Committee requests the Government to report the measures that have been taken to meet the needs of young people, persons with disabilities and other particular categories of jobseekers, and their impact, particularly in the framework of the implementation of the Employment and Vocational Training Strategy (2006–15).

Article 11. Cooperation with private employment agencies. The Government reports the visits carried out to encourage private enterprises to have recourse to public employment services. The Committee requests the Government to provide more detailed information on the measures taken to ensure effective cooperation between the public employment service and private employment agencies.

The Committee previously requested the Government to provide its comments on the 2010 observations made by the International Trade Union Confederation (ITUC) regarding acts of anti-union discrimination in export processing zones. The Committee notes with regret that the Government once again has not provided any information in this respect.

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to take all the necessary measures to be able to provide specific statistics on the number of complaints, including judicial complaints, related to acts of anti-union discrimination and interference, and the number of fines imposed. The Committee notes the Government’s indication that four complaints related to acts of anti-union discrimination and interference were registered in 2019 and 2020. It notes however that no information was provided on how these complaints were addressed by the public authorities or on the outcomes of the related procedures. Highlighting that the small number of anti-union discrimination and interference complaints may be due to reasons other than an absence of acts of anti-union discrimination and interference, the Committee requests the Government to take the necessary measures to ensure that, on the one hand, the competent authorities take fully into account the issues of anti-union discrimination and interference in their control and prevention activities and that, on the other hand, the workers and employers in the country are fully informed of their rights regarding these issues. The Committee requests the Government to provide information on the measures taken in this regard, as well as specific statistics on the number of complaints, including judicial complaints, related to acts of anti-union discrimination and interference, and the number of fines imposed.

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

Application of the Convention in the private sector

Article 4 of the Convention. Collective bargaining in practice. The Committee had previously requested the Government to provide information on measures taken to promote free and voluntary collective bargaining in the private sector with an indication of the sector concerned, the number of collective agreements signed and enforced, and the number of workers covered. In the absence of information from the Government in this respect, the Committee reiterates its request.

Adoption of the Act on trade union organization in the public service

Legislative matters. In its previous comments, the Committee welcomed the adoption of the Act on trade union organization in the public service and, with a view to ensuring that public servants and employees who are not engaged in the administration of the State benefit from the guarantees afforded by the Convention, it raised with the Government the following matters:

– Adequate protection against anti-union discrimination and interference. After noting the various provisions of the Act prohibiting acts of anti-union discrimination and interference and guaranteeing the stability of employment of union representatives, the Committee requested the Government to indicate the machinery and sanctions applicable in the event of acts of anti-union discrimination or interference by a public employer, and the legislative texts referring to such procedures and sanctions.
– Right of workers and employers to establish and join organizations of their own choosing. The Committee noted that the thresholds of representativity for the establishment of provincial federations, national federations and confederations were particularly high and requested the Government to take the necessary measures, in consultation with the trade union organizations concerned, to facilitate collective bargaining by public officials and employees who are not engaged in the administration of the State, either by significantly reducing the threshold of representativity required for the establishment of provincial federations, national federations or confederations, or by recognizing the possibility for various trade union organizations to group together provisionally so as to be able to participate jointly in the bargaining process concerning public servants and employees who are not engaged in the administration of the State.
– Scope of application of the Act on trade union organization in the public service. With a view to assessing more fully the extent to which the categories of public employees covered by the Act on trade union organization in the public service were also covered by the Convention, the Committee requested the Government to provide information on the various institutions and bodies covered by section 3 of the Act and to specify in particular the institutions considered as indirect administration of the State.

Noting with regret that the Government once again did not provide any information in this regard, the Committee urges the Government to provide detailed information on the points raised above. The Committee recalls that the Government can avail itself of the technical assistance of the Office.

The Committee takes note of the information provided by the Government in its first report.

Article 3 of the Convention. National policy on safety and health in mines. The Committee notes the Government’s indication that the measures taken to develop, implement and periodically review a safety and health policy for mines, which provides for regulation of the safety aspects in geological and mining activities are: the Technical Safety Regulations for Geological and Mining Activities (decree no 61/2006); the Regulations on Inspection Activity for Mining Resources and Energy (decree no. 34/2019); and the Regulations on the National System of Search and Rescue for the Extractive Industry of Mining Resources and Energy (decree no. 32/2019). The Committee also notes the Government's indication that the decree No. 31 of 2019 established the Inspectorate-General and provincial inspection delegations which are responsible for monitoring the implementation of the Technical Safety Regulations for Geological and Mining Activities, as a way of gradually developing a national safety and health system for mining activities. Finally, the Committee notes the Government's indication that the Mining Act of 18 August 2004 and the Safety Regulations are currently being amended. The Committee recalls that a safety and health policy for mines can take different forms ranging from a specific national policy document to a coherent set of laws and implementing regulations, complemented by a tripartite review process (2017 General Survey, Working together to promote a safe and healthy working environment, paragraph 97). The Committee requests the Government to provide information on progress made in the revision of the national legislation and to provide a copy of the act and regulations once adopted.

Article 5(2)(f) and Article 15. Rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health. The Committee notes that section 273 of the Safety Regulations provides for the establishment of health and safety committees in mining operations with more than 200 workers and in those that do not reach this number but present exceptional risks of accidents. According to section 274 of the Safety Regulations, the health and safety committee includes an equal number of workers’ representatives and representatives from the mining company. The Committee requests the Government to indicate the procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health in workplaces with less than 200 workers and in those that do not present exceptional risks of accidents.

Article 5(3). Manufacture, storage, transport and use of explosives. The Committee notes that section 16 of the Safety Regulations provides that removal from the warehouse, storage, and distribution of unused explosive products must be carried out by persons duly authorized in accordance with the applicable legislation. The Committee requests the Government to indicate the provisions of national legislation that provide that the manufacture, storage, transport and use of explosives and initiating devices at the mine shall be carried out by or under the direct supervision of competent and authorized persons.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste produced. The Committee notes that Chapter I of the Safety Regulations regulates aspects of storage and transport of explosive products but does not provide for the requirement of safe disposal of hazardous substances and waste produced at the mine. The Committee requests the Government to indicate the provisions of national legislation which give effect to this article of the Convention.

Article 7(i). Obligation to stop operations and evacuate workers. The Committee notes that section 10 of the Safety Regulations provides that whenever situations of risk to the life or health of the worker arise, the mining titleholder or mining operator must immediately communicate such fact to the Inspectorate-General of Mining Resources and Energy, who may determine the immediate suspension of work directly or indirectly connected with such risks. The Committee requests the Government to indicate the provisions of national legislation which foresee the obligation of the employer to stop operations and evacuate workers in case of serious danger to their safety and health.

Article 9(b). Obligation to eliminate or minimize the risks resulting from exposure to hazards. Noting the absence of information on this matter, the Committee requests the Government to indicate the provisions of national legislation implementing this Article of the Convention.

Article 13, paragraph 2(e) and (f), and 4. Rights of workers’ representatives. Protection against discrimination or retaliation. The Committee notes that section 8(2) of the Safety Regulations provides for the rights of workers’ representatives to represent workers on all aspects of workplace safety and health, to participate in inspections and investigations conducted by the employer, to have recourse to advisers and independent experts and to consult with the employer in a timely manner on safety and health matters. However, the Committee notes that the national legislation does not contain provisions on the rights of workers’ representatives to consult with the competent authority (Article 13(2)(e)) and the right of workers’ representatives to receive notice of accidents and dangerous occurrences (Article 13(2)(f)). The Committee also notes that the national legislation does not ensure that these rights can be exercised without discrimination or retaliation, in accordance with Article 13(4). The Committee requests the Government to provide information on the measures adopted in order to give effect to Article 13 (2) (e) and (f) and Article 13 (4) of the Convention.

Article 16. Resources of the inspection services. Application in practice. The Committee notes that the Regulations on Inspection Activity for Mining Resources and Energy, adopted by Decree No. 34 of 2019, establish the Inspectorate-General of Mining Resources and Energy (IGREME), which is responsible for inspection activities in the mining sector. The Committee requests the Government to provide information on the human and material resources allocated to the IGREME. It also requests the Government to provide statistical information on the number of inspections carried out, violations identified and penalties imposed.

Article 2(2)(a) of the Convention. Work exacted in virtue of compulsory military service laws. Civic service. The Committee previously noted that, pursuant to article 267 of the Constitution, the law shall establish a civic service to replace or supplement military service for citizens who are not subject to military duties. According to Act No.16/2009 of 10 September 2009 determining the principles and basic rules governing civic service and its implementing Decree No. 8/2010 of 15 April 2010, citizens between the ages of 18 and 35 years who are not subject to military duties shall perform civic service, which consists of activities of an administrative, cultural or economic nature or the provision of assistance. The Council of Ministers shall determine the annual contingents who are to be covered by civic service. The Committee requested the Government to provide information on the manner in which the category of “persons who are not subject to military obligations” and are therefore subject to the obligation to perform civic service is defined. Noting that the Constitution was revised by Act No.1/2018 of 12 June 2018, the Committee observes that article 267 above has been renumbered as article 263(3). It notes the Government’s statement, in its report, that a Bill amending the National Defense and Armed Forces Act was approved in August 2019 by the National Assembly that would address the concerns expressed by the Committee on civic service. The Committee once again recalls that, to be excluded from the scope of application of the Convention and therefore not to constitute forced labour, any work exacted by virtue of compulsory military service laws must be of a purely military character. That is not the case of work performed by persons within the framework of civic service which replaces or supplements military service. The Committee once again requests the Government to provide information on: (i) the manner in which the category of “persons who are not subject to military obligations” and are therefore subject to the obligation to perform civic service is defined; (ii) the number of persons who are required annually to perform civic service, as determined by the Council of Ministers, and the manner in which such persons are selected; and (iii) whether such persons may refuse to perform civic service and the consequences of any such refusal. It further requests the Government to provide a copy of the new version of the National Defense and Armed Forces Act, as amended.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Prison labour performed for the benefit of private entities. The Committee previously noted that, pursuant to section 71 of the Penal Code, prisoners who have completed one third of their sentence and have a record of good behaviour may be authorized to work for public or private entities within the framework of a contract concluded between such entities and the prison management. While noting that the above-mentioned provision has been deleted from the new version of the Penal Code (Act No. 24/2019 of 24 December 2019), the Committee notes that section 53 of the new Code for the Implementation of Sentences reproduces section 71 of the old version of the Penal Code. It furthers notes that, pursuant to sections 51 and 52 of the new Code for the Implementation of Sentences, prisoners may conclude an individual contract with the private entity and shall enjoy the same level of protection as other workers who are not prisoners regarding safety, health and other conditions of work. Furthermore, section 56 provides that 50 per cent of the salary received by the prisoner is for family expenses, reserve savings and personal use; 30 per cent is reverted to the General Penitentiary Services Fund; 10 per cent is reverted to a fund established to support prisoner’s social reintegration when released; and 10 per cent is for the payment of maintenance obligations or compensation for the victim of the crime for which the prisoner was sanctioned. The Government states that the work performed by prisoners for private entities is done with the full consent of the prisoners after authorization of the prison management who must meet before with the prisoner and his or her family to explain the procedures and advantages of this process. The Committee requests the Government to provide information on the number of authorizations granted for prisoners to work for private entities, specifying how, in practice, prisoners give their consent to work for private entities. It further requests the Government to provide information on the rate of remuneration of prisoners who work for private entities, including by providing copies of the contracts concluded between private entities and prisons management, as well as between private entities and prisoners.

2. Community work. The Committee previously noted that sections 90 to 95 of the Penal Code provide for a series of alternative penalties to imprisonment, including the performance of community work which consists of undertaking an activity, service or task without pay for the community in public or private entities pursuing public or community interest aims, including hospitals, orphanages and schools, the construction, conservation or maintenance of public thoroughfares and infrastructure, activities related to the conservation and protection of the environment and intellectual activities. It requested the Government to indicate whether the penalty of community work may be imposed without the consent of the convicted person. The Committee notes that the above-mentioned provisions have been replaced by section 75 of the new Penal Code, which also provides that this penalty may be applied as an alternative to a custodial sentence when the penalty to be replaced is not greater than three years. It observes that community work is further regulated by sections 138 to 172 of the new Code for the Implementation of Sentences and that, pursuant to section 139, the order of community work is issued by a court and after receipt of such order the convicted person shall immediately appear before the Alternative Penalty to Imprisonment Service. However, the Committee notes with regret the lack of information provided by the Government on whether the penalty of community service may be imposed without the consent of the convicted person. It recalls that, where the performance of community work may be for the benefit of private entities, such as charitable associations or institutions, the convicted person should be able to give formal consent to the performance of the work, and the conditions for its performance should be adequately managed and supervised to ensure that the work undertaken is effectively work of general interest and that the entities for which it is carried out are non-profit-making. The Committee once again requests the Government to indicate whether the penalty of community work may be imposed without the consent of the convicted person. It also requests the Government to provide detailed information on the manner in which the sentence of community work is applied, with an indication of the nature of the supervision carried out by the sentencing judge, the list of private entities authorized to receive persons convicted to this penalty, and examples of the work performed.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the implementing regulations of Act No. 6/2008 of 9 July establishing the legal framework applicable to preventing and combating trafficking in persons, which were intended to establish measures for awareness-raising, training, protection and the reintegration of victims, had not been adopted, but that a study ordered by the Prosecutor-General recommended the adoption of a plan of action in this area. It requested the Government to take the necessary measures to adopt a national plan to combat trafficking in persons with precise and coordinated measures and to describe the measures taken for the protection and reintegration of victims, in accordance with sections 20, 21 and 24 of Act No. 6/2008. The Committee notes the Government’s indication, in its report, that on 11 December 2017 a draft national plan to prevent and combat trafficking in persons was presented by the Deputy Minister for Justice in order to improve the protection system through a comprehensive national strategy. The Government adds that the draft national plan includes specific objectives for the prevention of trafficking, protection of victims and sanction of perpetrators. The Committee notes the Government’s statement that the national police carried out awareness-raising campaigns at community-level, as well as regular monitoring of places where trafficking in persons may occur, such as restaurants, plantations and mining operations. With regard to victim protection, the Government states that victims of trafficking can benefit from emergency shelters operating under the responsibility of the Ministry of Gender, Child and Social Action, offering appropriate housing, medical and psychological assistance and sometimes vocational training. The Committee notes, from the 2018 annual report of the Prosecutor-General of the Republic submitted to the Assembly of the Republic, that several measures have been taken to raise awareness of trafficking in persons and for the training of state employees, more particularly judges and police officers, as well as to strengthen transnational cooperation with South Africa, Zimbabwe and Eswatini. It notes that the number of victims of trafficking increased from 5 in 2017 to 26 in 2018, of whom 21 were victims of trafficking for labour exploitation. It notes, however, that the Prosecutor-General highlighted the need for concerted and increased efforts to prevent and combat trafficking in persons, as well as the inappropriate legislative framework for sanctioning those perpetrators. The Committee further notes that, in their respective 2019 and 2018 concluding observations, the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) and Committee on Migrant Workers (CMW) expressed concern about: (i) Mozambicans and migrant workers, in particular those in an irregular situation, who have been victims of trafficking and forced labour, particularly in the mining, agriculture, construction, tourism and domestic work sectors; (ii) the insufficiency of the human and financial resources allocated to prevent and eradicate trafficking in persons, as well as of the training given to officials responsible for the implementation of anti-trafficking legislation; (iii) the very low number of prosecutions and convictions of cases of trafficking in persons and the complicity within the national police force from which some traffickers benefited; and (iv) the lack of effective procedures for early identification and referral of victims of trafficking, including undocumented migrants, the insufficient number and coverage of shelters for victims of trafficking, and the inadequacy of the medical and psychological assistance provided to them (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraph 27 and CMW/C/MOZ/CO/1, 16 October 2018, paragraph 61). While noting the measures taken by the Government, the Committee requests it to strengthen its efforts to combat trafficking in persons and to adopt and implement without delay concrete and coordinated measures with a view to: (i) preventing trafficking in persons and raising awareness of the issue; (ii) reinforcing the capacities and training of the authorities responsible for the detection of situations of trafficking, carrying out investigations and initiating prosecutions; and (iii) punishing those responsible, including any complicit public officials. It also requests the Government to provide information on any progress made towards the adoption of the national plan to prevent and combat trafficking in persons and the implementing regulations of Act No. 6/2008, or any difficulties faced in that regard. It further requests the Government to provide information on the specific measures taken for the protection and reintegration of victims, in particular in the framework of sections 20, 21 and 24 of Act No. 6/2008. Lastly, the Committee requests the Government to provide statistical data on the number and nature of investigations carried out, prosecutions initiated, court decisions handed down and penalties imposed under Act No. 6/2008 which establishes penalties of up to 16–20 years of imprisonment.

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

Articles 1 and 2 of the Convention. Occupational gender segregation. The Committee previously noted the persistence of the horizontal and vertical occupational segregation of women into lower-paying jobs or occupations, and lower-level positions, and asked the Government to provide information on the implementation of the Gender Equality Policy and Implementation Strategy adopted in 2006, particularly as regards the measures aimed at promoting women’s access to training in areas traditionally dominated by men. The Committee notes the Government’s indication, in its report, that, in 2018, women represented 35.5 per cent of persons who benefited from vocational training in various fields, and were occupying less than 30 per cent of recorded positions. It further notes, from the Government’s 2019 report under the national-level review of implementation of the Beijing Declaration (Beijing +25), that huge gender differences still prevail in the labour force by sector, with most of the active female population being engaged in subsistence farming and informal activities characterized by precarious working conditions and exploitation, low level of legal protection and unstable incomes, making it impossible for women to access credit and work in more decent conditions. Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No.111), the Committee notes that the new Gender Equality Policy and Implementation Strategy, adopted in 2018, and operationalized by the IV National Plan for the Advancement of Women (PNAM) 2018-2024, sets as specific objective and strategic actions: (1) to promote equal rights and opportunities for women and men in relation to remuneration; and (2) ensure equal representation and participation of women and men in decision-making bodies, at all levels. The Committee however notes that, according to the 2019 Human Development Report from the United Nations Development Programme (UNDP), women represented only 22.2 per cent of the persons employed in senior and middle management, and the income inequality Gini coefficient (that is the measure of the deviation of the distribution of income among individuals or households within a country from a perfectly equal distribution; a value of 0 represents absolute equality, a value of 100 absolute inequality) was estimated at 54. In addition, it notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed specific concern about (1) the high proportion of poverty among women, in particular rural women who comprise the majority of the female population; and (2) the fact that women in the informal sector continue to be excluded from social protection, including pension benefits (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraph 33 and 37). The Committee therefore asks the Government to provide information on the implementation of the Gender Equality Policy and Implementation Strategy and the National Plan for the Advancement of Women 2018-2024, particularly as regards the measures aimed at (i) addressing occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family; and (ii) promoting women’s access to formal jobs with career prospects and higher pay. Recalling that regularly collecting, analysing and disseminating data and statistics is crucial for addressing appropriately unequal remuneration between men and women, the Committee again asks the Government to provide statistical information on the earnings of men and women, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Article 2(2)(b). Minimum wages. Referring to its previous comments where it noted that minimum wage setting was left to tripartite consultations undertaken per sector of economic activity, the Committee notes the Government’s statement that minimum wages are set by the Government in the nine different economic sectors established through Ministerial Order No. 161/2007 of 31 December 2007, after consultation with the social partners in the framework of the Labour Consultative Committee, pursuant to section 108 (5) of the Labour Act. It notes that, in April 2019, the Government increased the minimum salary in the public sector as well as in the eight other sectors of economic activity in the private sector. The Committee recalls that the fixing of minimum wages can make a significant contribution to the application of the principle of equal remuneration between men and women for work of equal value. However, when minimum wages are set at the sectoral level, there is a tendency to set lower wages for sectors predominantly employing women. Therefore special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates are fixed based on objective criteria, free from gender bias, and that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed (see General Survey on the fundamental Conventions, 2012, paragraph 683). In light of the gender segregation of the labour market, the Committee again asks the Government to provide information on the manner in which it is ensured that in defining minimum wages for the various sectors, rates are fixed on objective criteria, free from gender bias, and, in particular, that sector-specific wages do not result in the undervaluation of jobs predominantly occupied by women in comparison with those predominantly occupied by men. It further asks the Government to provide statistical information on the rates of sector-specific minimum wages, as well as on the percentage of women and men who are paid the minimum wage.

Article 3. Objective job evaluation. The Committee previously noted that section 251 of the Labour Act refers to the evaluation of workers’ skills and qualifications for the purpose of wage classification and recalled that the reference in Article 3 of the Convention to objective appraisal of jobs is different from the concept of the performance evaluation of the employee, as objective job evaluation is concerned with evaluating the job and not the individual worker. The Committee notes the repeated lack of information provided by the Government on the application of section 251 in practice. In this regard, it recalls that the objective evaluation of jobs provided for in Article 3 involves the adoption of some technique to measure and compare objectively the relative “value” of the jobs performed, comparing factors such as skill, effort, responsibilities and working conditions, with a view to ensuring that workers performing jobs which are different but of equal “value” receive equal remuneration. Whatever the method used for the objective evaluation of jobs, particular care must be taken to ensure that the method implemented is free from gender bias. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see 2012 General Survey, paragraph 701). Therefore, the Committee again asks the Government to indicate how in practice the assessment of workers’ skills and qualifications contributes to wage classification, as stipulated in section 251 of the Labour Act, and to provide information on the criteria used in appraising such skills and qualifications.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee previously asked the Government to indicate the manner in which it cooperates with employers’ and workers’ organizations to promote the effective application of the principle of equal remuneration for men and women for work of equal value. It notes the Government’s statement that wages are negotiated between workers’ and employers’ representatives in the various economic sectors at national level, as well as through collective labour agreements negotiated at the enterprise level. Recalling the important role played by the social partners in giving effect in practice to the principle of the Convention, more particularly in light of the absence of any legislation reflecting the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide a copy of any collective agreements in force containing clauses on wages determination or reflecting the principle of the Convention. It further asks the Government to provide information on the actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives.

Enforcement. The Committee notes that, in its 2019 concluding observations, the CEDAW expressed concern about the insufficient level of human, technical and financial resources to implement gender equality legislation, policies and plans (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraph 17). It further notes that, in 2021, the Government will benefit from ILO technical assistance in the framework of the «#Trade4DecentWork» project with a view to improving the implementation of ILO Fundamental conventions at national level. The Committee asks the Government to provide information on any measures or activities undertaken to raise public awareness of the provisions of the Convention, as well as on the procedures and remedies available, in particular as a result of the technical assistance provided by the ILO. It further asks the Government to provide information on any cases or complaints concerning inequality of remuneration detected by or reported to labour inspectors, the Ombudsperson, the courts or any other competent authorities, as well as any decision issued in this regard, specifying the sanctions imposed and remedies provided.

Article 1 of the Convention. Legislation. For many years, the Committee has repeatedly requested the Government to take all necessary steps to amend section 108(3) of Labour Act No. 23/2007, which provides that all employees have the right to receive equal wages and benefits for “equal work” without distinction based on, among other things, sex, with a view to ensuring that it fully reflects the principle of equal remuneration for men and women for work of equal value set out in the Convention. It previously noted the Government’s indication that the principle of the Convention is covered by this provision, and recalled that the concept of “work of equal value” includes, but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee notes the Government’s statement, in its report, that the revision of the Labour Act has already been discussed with the social partners and considered by the Council of Ministers and is now currently being reviewed by the National Assembly. It further notes the adoption of Act No. 10/2017 of 1 August 2017 approving the general status of state employees and agents, forwarded by the Government, and more particularly section 54(2) of the Act which provides that all state employees and agents are entitled to receive equal remuneration for “equal work”. Regretting that the Government did not take this opportunity to include in the legislation a provision explicitly providing for equal remuneration for work of equal value, as required by the Convention, the Committee notes however that, in 2021, the Government will benefit from ILO technical assistance in the framework of the “#Trade4DecentWork” project with a view to improve the implementation of ILO fundamental Conventions at national level, in particular by amending its national legislation. The Committee trusts that the Government will take every necessary steps to amend section 108(3) of Labour Act No. 23/2007 and section 54(2) of Act No. 10/2017, in order to fully reflect the principle of equal remuneration for men and women for work of equal value in its national legislation, so as to cover not only situations where men and women are performing the same or similar work but also situations where they carry out work that is of an entirely different nature but is nevertheless of equal value. It asks the Government to provide information on any progress made in this regard, in particular as a result of the technical assistance provided by the ILO.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(a) and (b) of the Convention. Compulsory labour for persons identified as “unproductive” or “anti-social”. For many years, the Committee has been drawing the Government’s attention to the need to amend the Ministerial Directive of 15 June 1985 on the evacuation of towns, under which persons identified as “unproductive” or “anti-social” may be arrested and sent to re-education centres or assigned to productive sectors. The Government indicated previously that re-education centres no longer existed and that the 1985 Directive had become obsolete and would be repealed within the framework of the revision of the Penal Code. The Committee observes with regret that the new Penal Code adopted in December 2014 (Act No. 35/2014) does not repeal this Directive. The Committee recalls that, under the terms of Article 1(a) and (b) of the Convention, States undertake not to make use of any form of forced or compulsory labour as a means of political coercion or education or as a method of mobilizing and using labour for purposes of economic development. The Committee urges the Government to take the necessary measures to formally repeal the Ministerial Directive of 15 June 1985 on the evacuation of towns so as to bring the legislation into conformity with the Convention and with the practice indicated, and thereby ensure legal certainty.

Article 1(b) and (c). Imposition of sentences of imprisonment involving an obligation to work for the purposes of economic development and as a means of labour discipline. For many years, the Committee has been emphasizing the need to amend or repeal certain provisions of Act No. 5/82 of 9 June 1982 concerning the defence of the economy. This Act provides for the punishment of types of conduct which, directly or indirectly, jeopardize economic development, prevent the implementation of the national plan and are detrimental to the material or spiritual well-being of the population. Sections 10, 12, 13 and 14 of the Act prescribe prison sentences, which may involve compulsory labour, for repeated cases of failure to fulfil the economic obligations set forth in instructions, directives, procedures, etc., governing the preparation or implementation of the national State plan. Section 7 of the Act penalizes unintentional conduct (such as negligence, the lack of a sense of responsibility, etc.) resulting in the infringement of managerial or disciplinary standards.

The Committee noted previously that in 2007 the Constitutional Council declared a law adopted by the Assembly of the Republic repealing Act No. 5/82 (as amended by Act No. 9/87) to be unconstitutional, considering that the blanket repeal of these Acts would have the effect of no longer criminalizing or punishing certain conducts that jeopardize economic development that are not punishable by other legislative texts, thereby leaving a legal vacuum. The Committee notes that, although the 2014 Penal Code repeals certain provisions of these two Acts, the sections covered by its previous comments, namely sections 7, 10, 12, 13 and 14, remain in force. The Committee regrets that the Government did not take the opportunity of the adoption of the new Penal Code to bring its legislation into conformity with the Convention and it trusts that the Government will not fail to take the necessary measures to repeal the provisions of Act No. 5/82 concerning the defence of the economy, as amended by Act No. 9/87, which are contrary to the Convention.

Article 1(d). Penalties imposed for participation in strikes. In previous comments, the Committee noted that, under section 268(3) of the Labour Act (Act No. 23/2007), striking workers who are in violation of the provisions of section 202(1) and section 209(1) (obligation to ensure a minimum service) face disciplinary penalties and may incur criminal liability, in accordance with the general legislation. The Committee notes that the Government has not provided any information on the nature of the penalties which may be faced by striking workers in cases where their criminal liability is incurred, nor on the provisions of the general legislation that are applicable in this respect. The Committee recalls in this regard that, in accordance with Article 1(d) of the Convention, persons who participate peacefully in a strike cannot be liable to imprisonment involving compulsory labour. The Committee therefore once again requests the Government to indicate the nature of the penalties that may be imposed on striking workers where their criminal liability is incurred pursuant to the provisions of section 268(3) of the Labour Act. Referring also to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee requests the Government to take the necessary measures to ensure that no prison sentences involving compulsory labour can be imposed on workers who participate peacefully in a strike.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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

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

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that section 66 of Labour Act No. 23/2007 equates sexual harassment with a disciplinary offence and provides that victims shall be entitled to compensation in an amount of 20 times the minimum wage, without prejudice to any judicial cause of action under the applicable law. While noting the absence of information provided by the Government on the application of section 66 of the Labour Act in practice, the Committee notes the Government’s indication, in its report, that a draft new Labour Act, that would contain specific provisions and measures to combat sexual harassment, is currently being reviewed by the National Assembly. It further notes that: (1) Act No. 10/2017 of 1 August approving the general status of state employees and agents, forwarded by the Government, provides that state employees and agents shall not harass materially, morally or sexually within or outside the workplace, as long as it interferes with the stability, employment or career progression of the harassed person; and provides for a disciplinary offence of downgrading (sections 43(2) (g) and 98(3)(e)); and that (2) section 205 of the new Penal Code (Act No. 24/2019 of 24 December 2019) now provides for a penalty of imprisonment of up to two years in case of sexual harassment, while limiting the scope of application of the penalty to acts intended at obtaining “an advantage or a favour of a sexual nature” and resulting from an abuse of authority. The Committee wishes to recall in that regard that, to be effective, the prohibition of sexual harassment must not only cover behaviour, acts or words intended to obtain sexual favours, but also types of behaviour, acts or words with a sexual connotation which have the effect of creating an intimidating, hostile or humiliating work environment for an individual. It also emphasizes that the prohibition must not only apply to persons exercising authority, such as a hierarchical superior or an employer, but also work colleagues and even clients of enterprises, or other persons encountered in the work context (see General Survey on the fundamental Conventions, 2012, paragraph 789).

In addition, the Committee takes note of the new Gender Equality Policy and Implementation Strategy, adopted in 2018, which sets as specific objective and strategic actions to develop and implement strategies: (1) to prevent, eliminate and transform social and cultural practices that legitimize and tolerate gender-based violence such as sexual harassment, sexual assault, premature marriages and early pregnancy, including in collaboration with the private sector, as well as (2) to ensure the effective implementation of the legislative provisions that prohibit and punish all forms of gender-based violence. It further notes the adoption of the National Plan for Preventing and Combating Gender-Based Violence for 2018–2021, which defines six strategic areas to combat gender-based violence and discrimination, such as: (1) strengthening the legislation; (2) implementing awareness-raising actions, among others at the enterprise level; and (3) collecting statistical information. The Committee however notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed specific concerns at: (1) the rampant gender-based violence against women and girls committed in the public and private spheres and the underreporting of such cases; and (2) reports of a high incidence of sexual harassment against women in the workplace. It further notes that the CEDAW and the UN Committee on the Rights of the Child both expressed deep concerns about the prevalence of sexual harassment and violence of girls in schools, as well as to and from schools, and impunity for the perpetrators, which constitute a barrier for girls access education (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraphs 25(a) and (b), 31(d) and 33(e) and CRC/C/MOZ/3-4, 27 November 2019, paragraph 40). In light of the ongoing revision of the Labour Act, the Committee asks the Government to take the necessary measures to include specific legislative provisions: (i) defining and explicitly prohibiting all forms of sexual harassment in the workplace, both quid pro quo and hostile work environment, and (ii) whose scope of application is not limited to persons exercising authority. It further asks the Government to provide information on the measures taken to prevent and combat sexual harassment in education institutions and at workplaces, including in collaboration with employers’ and workers’ organizations and the private sector, in particular in the framework of the new Gender Equality Policy and Implementation Strategy and the National Plan for Preventing and Combating Gender-Based Violence for 2018-2021. Finally, the Committee asks the Government to provide information (i) on the application of section 66 of the Labour Act; sections 43(2) (g) and 98(3)(e) of Act No. 10/2017; and section 205 of the new Penal Code, in practice, specifying the measures taken to raise awareness of the new provisions and the remedies available to victim; as well as (ii) on the number of complaints or cases of sexual harassment in employment and occupation dealt with by labour inspectors, the Ombudsman, the courts or any other competent authority, the sanctions imposed and remedies provided.

Article 1(1)(b). Discrimination on the basis of HIV and AIDS. The Committee previously noted that Act No. 19/2014 on HIV/AIDS provides for the equality and non-discrimination of workers and job applicants living with HIV/AIDS, in both the private and public sectors, including domestic workers, and calls upon employers to establish policies and programmes to prevent and combat HIV and AIDS at the workplace (sections 47, 51 and 53). It asked the Government to provide information on the practical application of Act No. 19/2014 and to consider extending the coverage of the current legislation so as to prohibit discrimination also on the basis of perceived HIV status. The Committee notes the Government’s indication that, in 2018, presentations were made to 19,580 workers, including 15,857 men and 3,723 women, in 693 enterprises, in order to raise awareness on HIV/AIDS in the workplace. Welcoming this information, the Committee takes also note of the adoption of a new National Strategic Plan to Combat HIV/AIDS for 2015–2019 (PEN IV). It notes more particularly that the strategic plan acknowledges that, there has been a reduction in the implementation of programmes to combat HIV/AID at the workplace level, in the private sector, as a result of reduced funding, and provides for better coordination of actions and implementation of public–private partnerships. Referring to its comments regarding sexual harassment, it further notes that the strategic plan aims, inter alia, at raising awareness on HIV/AIDS and providing legal information services in view of confronting the practices of gender-based violence that exposes women and girls to the vulnerability of HIV/AIDS infection. In that regard, the Committee notes that several UN treaty bodies recently expressed concern at the high prevalence of HIV among girls and women, the efforts made under the national strategic plan to combat HIV/AIDS notwithstanding, and recommended that the Government strengthen awareness-raising campaigns aimed at reducing related stigma and discrimination (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraph 35(a) and CRC/C/MOZ/3-4, 27 November 2019, paragraph 36). The Committee asks the Government to continue to provide information on: (i) the practical application of Act No. 19/2014, including information on any policies and programmes adopted and implemented at the workplace to prevent and combat discrimination based on HIV/AIDS, including as a result of public-private partnerships, in particular in the framework of the National Strategic Plan to Combat HIV/AIDS for 2015–2019; and (ii) the number of complaints or cases alleging discrimination based on HIV/AIDS dealt with by the labour inspectors or any other competent authorities. Recalling that national law and policies should provide for protection from discrimination and stigma on the basis of both real and perceived HIV status in order to cover also those discriminated against on the basis of stereotyping (see General Survey on the fundamental Conventions, 2012, paragraph 812), the Committee again asks the Government to consider extending the coverage of the current legislation so as to prohibit discrimination and promote equality of opportunity and treatment in employment and occupation also on the basis of perceived HIV status, as contemplated in the HIV and AIDS Recommendation, 2010 (No. 200).

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee previously noted that occupational gender segregation persists, and early marriages along with other factors have repercussions on women’s participation in the labour market. Regretting the lack of information provided by the Government on the measures adopted to promote, in practice, equality of opportunity and treatment in employment and occupation of men and women, the Committee notes that the new Gender Equality Policy and Implementation Strategy of 2018, operationalized by the IV National Plan for the Advancement of Women (PNAM) 2018–2024, sets as specific objectives and strategic actions to: (1) promote equal rights and opportunities for girls and boys, as well as for women and men, in access to education and quality training; (2) eliminate gender stereotypes in education, including in increasing the number of girls opting for Science, Technology, Engineering and Mathematics (STEM) subjects; (3) implement specific measures to increase the proportion of women in the labour market, as well as in decision-making bodies, at all levels; and (4) promote equal access, control and ownership of productive resources, including land and financial resources, by women. As regards the measures to combat school dropout, the Committee welcomes the adoption of Act No. 19/2019 of 22 October aimed at preventing and combating early marriages by only allowing unions between individuals who have reached the age of 18 years. However, it notes that, according to the National Institute of Statistics (INE), in 2017, the illiteracy rate was estimated at 49.4 per cent for women compared to 27.2 per cent for men, while the enrolment rate in the tertiary education was estimated at 39.2 per cent for women, compared to 60.8 per cent for men. It further notes that the active female population rate decreased from 65.2 per cent in 2007 to 52.6 per cent in 2017 (compared to 73.8 per cent and 62.8 per cent respectively for men), with women being still mostly represented in sectors such as education, health and social work, while they were less represented in traditionally male dominated sectors such as construction and transport (Mulheres e Homens, 2018, INE). The Committee further notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women expressed concern about (1) the high school dropout rate among girls and the disproportionately high level of illiteracy among women and girls; (2) the low enrolment rate among women and girls in traditionally male-dominated fields of education; (3) the employment of girls between 12 and 15 years as domestic workers, pursuant to article 4 of Decree No.40/2008 on domestic work; (4) the number of women and girls who are trafficked for purposes of forced labour and sexual exploitation; (5) the limited access by rural women to land ownership, formal credit and loans; as well as (6) the insufficient level of human, technical and financial resources to implement gender equality legislations, policies and plans (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraphs 17, 27, 31, 33 and 39). The Committee takes note with concern of this information. In light of the persistent occupational gender segregation, the Committee asks the Government to provide information on the measures taken, in particular in the framework of the Gender Equality Policy and Implementation Strategy and the IV National Plan for the Advancement of Women 2018-2024, to improve equality of opportunity and treatment between men and women in employment and occupation in order to (i) enhance women’s entrepreneurship and access to the labour market, land and credit, and (ii) improve the literacy rate of women and girls while reducing early dropout from school. It further asks the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Discrimination based on race, colour or national extraction. Migrant workers. The Committee notes that, in its 2018 concluding observations, the UN Committee on Migrant Workers (CMW) was concerned about reports that migrant workers, in particular those in an irregular situation, are often subjected to labour and sexual exploitation, particularly in the mining, agriculture, manufacturing, tourism and domestic work sectors (CMW/C/MOZ/CO/1, 16 October 2018, paragraphs 27(b) and 31). The Committee recalls that under the Convention, all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) (see 2012 General Survey, paragraph 778). The Committee asks the Government to provide information on the measures taken to ensure equality of opportunity and treatment for migrant workers, in particular by combating any form of discrimination prohibited by the Convention against migrant workers, including those in an irregular situation. It asks the Government to provide information on the number and nature of cases where migrant workers, including those in an irregular situation, faced discrimination in employment and occupation, which have been dealt with by the labour inspectorate, the Ombudsman or the courts, as well as the sanctions imposed and remedies provided.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Article 5. Special measures. Persons with disabilities. The Committee previously noted that, as a result of section 28(1) of the Labour Act, which provides that employers shall promote the adoption of appropriate measures to enable persons with disabilities to enjoy the same rights as other workers with respect to access to employment, vocational training and promotion, various activities aimed at promoting access to training and employment of persons with disabilities were contemplated under the “Action Plan to Assist Victims of Mines and Persons with Disabilities”. Regretting the lack of information provided by the Government on the implementation of the action plan, the Committee notes that the Second National Action Plan for Disability (PNAD II) for 2012–2019, acknowledges that the living conditions of persons with disabilities are generally more precarious than the rest of the population as a result, inter alia, of low education level and poor access to the labour market, as reflected by their unemployment rate which is up to four times higher than the rest of the population (39 per cent and 9 per cent respectively). It notes that the PNAD II sets as specific objective to enhance equality of rights and opportunities of persons with disabilities, in particular in education and access to employment. The Committee asks the Government to provide information on any measures taken to promote equal opportunities and treatment in education, employment and occupation of persons with disabilities, in particular in the framework of the Second National Action Plan for Disability for 2012-2019. It again asks the Government to provide information on the application of section 28(1) of the Labour Act in practice, in order to promote access of persons with disabilities to employment and vocational training.

Enforcement. Regretting the repeated lack of information provided by the Government on the enforcement of the Convention, the Committee notes that, in 2021, the Government will benefit from ILO technical assistance in the framework of the “#Trade4DecentWork” project with a view to improve the implementation of ILO Fundamental Conventions at national level. The Committee asks the Government to provide information on any measures or activities undertaken to raise public awareness of the provisions of the Convention, as well as on the procedures and remedies available, in particular as a result of the technical assistance provided by the ILO. It further asks the Government to provide information on any cases or complaints concerning discrimination in employment and occupation detected by or reported to labour inspectors, the Ombudsman, the courts or any other competent authorities, as well as any decision issued in this regard, specifying the sanctions imposed and remedies provided.

Article 1 of the Convention. Legislative protection against discrimination. The Committee previously noted that articles 35 and 36 of the Constitution and section 54(1) of the Labour Act No. 23/2007 provide for equality of rights at work for any worker, regardless of colour, race, sex, ethnic origin, place of birth, language, civil status, age, social condition, level of education, religious and political ideas and affiliation to a trade union. It however noted that the national legislation does not expressly prohibit both direct and indirect forms of discrimination in all aspects of employment and occupation. Regretting the repeated lack of information provided by the Government concerning the scope of application of section 54(1) of the Labour Act in practice, the Committee notes the Government’s statement, in its report, that a draft new Labour Act is currently being reviewed by the National Assembly. In that regard, it notes that, in 2021, the Government will benefit from ILO technical assistance in the framework of the “#Trade4DecentWork” project with a view to improve the implementation of ILO fundamental Conventions at national level, in particular by amending its legislation. In light of the ongoing revision of the Labour Act, the Committee trusts that the Government will seize every opportunity to explicitly prohibit in its national legislation both direct and indirect discrimination, and that this prohibition will cover : (i) all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds already enumerated in its national legislation in accordance with Article 1(1)(b); and (ii) all aspects of employment and occupation (education, vocational guidance and training; access to employment and particular occupations; and terms and conditions of employment). It further asks the Government to provide information on any progress made in this regard, in particular as a result of the technical assistance provided by the ILO.

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

Comments adopted by the CEACR: Mozambique

Adopted by the CEACR in 2021

C014 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C018 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C030 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Act on the right to organize in the public services (Act No. 18/2014)

Labour Act (Act No. 23/2007)

C088 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Application of the Convention in the private sector

Adoption of the Act on trade union organization in the public service

C176 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Comments adopted by the CEACR: Mozambique

Display the list by:

Adopted by the CEACR in 2021

C014 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C018 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C030 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Act on the right to organize in the public services (Act No. 18/2014)

Labour Act (Act No. 23/2007)

C088 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Application of the Convention in the private sector

Adoption of the Act on trade union organization in the public service

C176 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)