Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 138) sur l'âge minimum, 1973 - Mozambique (Ratification: 2003)

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

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

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

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

The Committee notes the information in the Government’s reply to the list of issues of the CRC of 29 September 2009 that the gross rate of completion of EP1 continued to rise, from 75 per cent in 2006 to 78 per cent in 2008. In secondary education, the gross rate of children who completed the seventh grade increased from 35 per cent in 2006 to 55 per cent in 2008 (CRC/C/MOZ/Q/2/Add.1, paragraph 55). The Committee also notes the Government’s indication that the number of students aged 6–18, enrolled in primary and secondary school rose from 4.39 million in 2006 to 5.23 million in 2008 (CRC/C/MOZ/Q/2/Add.1 paragraph 52). The Committee further notes the information in the Education for All Global Monitoring Report, issued by UNESCO in 2009, that the total number of out-of-school children at primary school age has dropped from 1,574,000 children in 1999 to 954,000 children in 2006. In addition, the Committee notes the information in the Government’s report to the CRC of 23 March 2009 that, to particularly encourage girls to attend school, the Government has adopted teacher training policies that prioritize the teacher training for women, and this contributed to the increase in the number of primary school teachers (CRC/C/MOZ/2, paragraph 306). The Committee notes the positive results with regard to the education of girl children: the net rate of schooling in primary education (from 6 to 12 years) for females increased from 86.3 per cent in 2006 to 96.2 per cent in 2008 (CRC/C/MOZ/Q/2/Add.1 paragraph 57).

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

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

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

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

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

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

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

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

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

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

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