Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mozambique (Ratification: 1996)

The Committee takes note of the adoption of Labour Act No. 13/2023 of 25 August 2023 which entered into force in February 2024.

The Committee takes note of the information provided by the Government in relation to the allegations of acts of violence against striking workers in the sugar cane plantation sector, submitted by the International Trade Union Confederation (ITUC) in 2008. In relation to the 2020 observations of Public Services International (PSI) concerning the failure by the Government to amend the legislation to facilitate the registration of a public sector union, the Committee notes the Government’s indication that the Act on the right to organize in the public services (Act No. 18/2014) is under review and that a consultation process, which involves workers’ organizations, social and professional associations and civil servants is under way. In this regard, the Committee recalls that its previous comments referred to the need to amend section 57 of Act No. 18/2014, which restricts freedom of association for several categories of public servants beyond the police and the armed forces. It had also requested the Government to amend section 17(c), which allows union dissolution on vague grounds like “contrary to public morals” or differing from the aims set out in the union statutes. The Committee expects that the legislative review will soon be concluded and that this ongoing revision process will consider its comments on the above-mentioned provisions with a view to bringing them into full conformity with the Convention. The Committee requests the Government to provide information on all progress made in this regard.

Article 2 of the Convention. Registration of workers’ and employers’ organizations. The Committee recalls that its previous comments concerned section 150 of the Labour Act, which granted the central labour administration authority an excessive period of 45 days to register a trade union or employers’ organization. The Committee notes with satisfaction that the time frame has been reduced to 30 days, in accordance with section 158(2) of Labour Act No. 13/2023.

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, pursuant to which any violation of sections 199 (freedom to work of non-strikers), 202(1) and 209(1) (minimum services) constituted a breach of discipline for which workers who were on strike were liable under both civil and penal law. The Committee notes with regret the Government’s indication that despite the adoption of the new Labour Act No. 13/2023, no amendment has been made to the provisions of the previous Labour Act with regard to penal responsibility of striking workers for failing to respect their obligation to ensure a minimum service (sections 206(1), 209(1) and 269(5) of Act No. 13/2023). Referring to its comments on the new Labour Act under the Abolition of Forced Labour Convention, 1957 (No. 105), the Committee requests the Government to take all necessary measures to ensure that no penal sanction may be imposed against a worker for having carried out a peaceful strike and that on no account measures of imprisonment can 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 requests the Government to provide information on any development 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.