Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Mozambique (Ratification: 2003)

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

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

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

The Committee notes the Government’s statement in its report to the UN Human Rights Council for the Universal Periodic Review of 11 November 2010, that despite legislation prohibiting child labour, this phenomenon remains a concern. The Government indicates that the contributing factors to this problem include chronic poverty of the family, the breakdown of family support mechanisms, unemployment of parents and adult relatives, the unexpected changes and instability in the economic environment, lack of educational opportunities and gender inequality (A/HRC/WG.6/10/MOZ/1, paragraph 97). The Committee also notes the information from ILO–IPEC that Mozambique is one of the countries participating in the project entitled “Supporting actions to meet the 2015 targets to eliminate the worst forms of child labour in Lusophone countries in Africa”, which commenced in 2010. The Committee urges the Government to strengthen its efforts, in collaboration with ILO–IPEC, to combat the worst forms of child labour in Mozambique. In this regard, it requests the Government to ensure that the relevant monitoring mechanisms, including the labour inspectorate and police, are allocated sufficient resources to carry out their mandate so as to address the worst forms of child labour effectively. Lastly, it requests the Government to take measures to ensure that sufficient up-to-date data on the worst forms of child labour are made available. To the extent possible, all information provided should be disaggregated by sex and by age.

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

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

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

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

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