Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Mozambique (Ratificación : 2003)

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

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

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

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

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

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

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

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

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

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

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

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

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

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