Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Mozambique (Ratification: 1977)

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.