Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - Mozambique (Ratification: 1977)

Article 1(a) and (b) of the Convention. Compulsory labour for persons identified as “unproductive” or “anti-social”. For many years, the Committee has been drawing the Government’s attention to the need to repeal the Ministerial Directive of 15 June 1985 on the evacuation of towns, under which persons identified as “unproductive” or “anti-social” may be arrested and sent to re-education centres or assigned to productive sectors. The Committee notes with regret the absence of information from the Government concerning any measures adopted in this regard, in particular since the Government previously indicated that this directive was obsolete and that the re-education centres have been closed. The Committee urges the Government to take the necessary measures to formally repeal the Ministerial Directive of 15 June 1985 on the evacuation of towns, so as to bring the legislation into conformity with the Convention.

Article 1(b) and (c). Imposition of sentences of imprisonment involving an obligation to work for the purposes of economic development and as a means of labour discipline. For many years, the Committee has been emphasizing the need to amend or repeal certain provisions of Act No. 5/82 of 9 June 1982 concerning the defence of the economy, amended by Act No. 9/87, which provide for the punishment of types of conduct which, directly or indirectly, jeopardize economic development, prevent the implementation of the national plan and are detrimental to the material or spiritual well-being of the population. Sections 10, 12, 13 and 14 of the Act prescribe prison sentences, which may involve compulsory labour, for repeated cases of failure to fulfil the economic obligations set forth in instructions, directives, procedures and so forth, governing the preparation or implementation of the national plan of the State. Section 7 of the Act provides for penalties for unintentional conduct (such as negligence, the lack of a sense of responsibility and so forth) resulting in the infringement of managerial or disciplinary standards. The Committee notes with regret the absence of information from the Government on any measures to repeal the above provisions which allow for the indirect imposition of labour for the purposes of economic development and for penalties involving an obligation to work as a means of labour discipline. The Committee urges the Government to take the necessary measures to formally repeal the provisions of Act No. 5/82 concerning the defence of the economy, amended by Act No. 9/87, which are contrary to the Convention.

Article 1(d). Penalties imposed for participation in strikes. The Committee notes the Government’s indication, in its report, that despite the adoption of the new Labour Act (Act No. 13/2023 of 25 August 2023), no amendment has been made to the provisions of the previous Labour Act, now repealed (Act No. 23/2007) regarding the possibility of striking workers incurring criminal liability for failing to respect their obligation to ensure a minimum service (sections 206(1); 209(1); and 269(5) of Act No. 13/2023). The Committee recalls that no provision in the Criminal Code explicitly refers to penalties that may be faced by striking workers in cases where their criminal liability is incurred. The Committee notes in this regard the Government’s indication that the penal sanctions are applicable to striking workers in situations where the strike is considered illegal, that is, when the strike is called and held outside the framework of the law: in the event of a prohibited strike, violation of the procedures for notification of a strike, the use of violence against persons and the destruction of property, or non-respect of the minimum service putting human life and health at risk.

The Committee again draws the Government’s attention in this regard that, in accordance with Article 1(d) of the Convention, persons who participate peacefully in a strike, and therefore in the simple exercise of an essential right, cannot be liable to penal sanctions, and that therefore sentences of imprisonment must in no case be imposed. Such sanctions may only be envisaged where, in the course of a strike, violence against persons or property, or other serious violations of criminal law have been committed, and these sanctions may only be imposed under the legislation reprimanding such acts, such as the Criminal Code. The Committee again requests the Government to take the necessary measures to ensure that workers who participate peacefully in a strike can in no case incur criminal liability resulting in a sanction involving compulsory labour. It requests the Government to provide information on penalties imposed on striking workers on the grounds of their criminal liability for participation in an illegal strike, specifying the circumstances and the legal provisions applied. The Committee also refers to its comments regarding the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

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