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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mozambique (Ratification: 1977)

The Committee takes note of the observation presented on 1 September 2023 by the Workers' Organization of Mozambique (OTM).

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that article 68 of the new Labour Act No. 13/2023 (1) defines harassment in the workplace or outside it, considering it as a set of unacceptable behaviours and practices, threats of such behaviours and practices, whether occurring once or repeatedly, that aim to, cause, or are likely to cause physical, psychological, sexual, or economic harm, and includes gender-based violence and harassment. It further establishes that discrimination and harassment constitute any act carried out at the time of access to employment or in the employment itself, work, or professional training, with the aim or effect of disturbing or embarrassing the person, affecting their dignity, or creating an intimidating, hostile, degrading, humiliating, or destabilizing environment; (2) states that sexual harassment involves unwanted behaviour of a sexual nature — whether verbal, non-verbal, or physical — with the intent or effect of causing, or being likely to cause, physical, psychological, sexual, or economic harm; and (3) recognizes harassment as a very serious offense when carried out by the employer, superior, or agent, entitling the worker to compensation of 20 times the minimum wage in the sector of activity, without prejudice to legal proceedings. However, the Committee observes that these provisions do not seem to clearly define and prohibit sexual harassment in its “quid pro quo” form, that is, where a person’s rejection of, or submission to, acts of sexual harassment is used explicitly or implicitly as a basis for a decision affecting that person’s job. In this regard, the Committee recalls that for the full implementation of the Convention, it is essential for sexual harassment in employment and occupation to be clearly defined and prohibited, including both quid pro quo and hostile work environment sexual harassment as, otherwise, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment (see the General Survey of 2012 on the fundamental Conventions, paragraph 791, and the General Survey of 2023 on Achieving Gender Equality at Work, paragraphs 113-115). The Committee notes from the OTM’s observation that both the old and the new Labour Act No. 13/2023 do not penalize harassment when it is committed by other people in the workplace, such as colleagues, but are limited to hierarchical superiors and/or their representatives (article 68.4), although other elements that make up sexual harassment have been included. It also takes note that: (1) the provincial prosecution service of the Province of Inhambane, in coordination with the Province’s Centre for Labour Mediation and Arbitration, has implemented four awareness-raising initiatives on combating and preventing sexual harassment, involving a total of 642 employers; (2) there are three cases of teachers being accused of crimes of sexual harassment and other forms of violence against girls that are at the pre-trial stage; (3) the court has opened proceedings in two cases of sexual harassment, one of which is under appeal and the other is awaiting trial; and (4) the labour inspectorate intervened in a case involving three women harassed by a foreign co-worker, whose work permit was revoked to safeguard the workers' rights, though no further information on the legal proceedings has been provided. Additionally, the court has initiated proceedings in two cases of sexual harassment and two of unequal remuneration, with one case under appeal and the other awaiting trial, while no suspensions or dismissals have been reported on grounds of discrimination in employment or career progression. As regards Act No. 10/2017 approving the general status of state employees and agents, the Committee observes that no information is provided regarding the application of articles 43(2) (g) and 98(3)(e) dealing with harassment in the public sector. With regard to the OTM’s observation concerning article 68.4, the Committee refers to paragraphs 111 to 117 of its General Surveyof 2023 and recalls that in order to tackle and put an end to all forms of sexual harassment in employment and occupation, clear and comprehensive legal provisions aimed at preventing, prohibiting and addressing sexual harassment need to cover harassment perpetrated by a person in a position of authority, a colleague, a subordinate or a person with whom workers have contact as part of their job (a client, supplier, etc.), with respect to all spheres of employment and occupation, including vocational education and training, internships, access to employment and conditions of employment. The Committee asks the Government to include in the labour legislation provisions: (i) defining and explicitly prohibiting quid pro quo sexual harassment; and (ii) protecting workers from sexual harassment perpetrated not only by a person in a position of authority but also by a colleague, a subordinate or a person with whom workers have contact as part of their job, and to provide information on any progress made in this regard. In addition, the Committeeasks the Government to provide information on: (i) the implementation of the newly adopted article 68 of the Labour Act No. 13/2023; and (ii) the status and, if applicable, the sanctions, and remedies applied in the above-mentioned and any new cases, both in the judicial and administrative contexts. Finally, the Committee reiterates its previous requests for information on the practical application of articles 43(2) (g) and 98(3)(e) of Act No. 10/2017 concerning harassment in the public sector.

Article 1(1)(b). Discrimination based on HIV and AIDS. The Government indicates that: (1) presentations on Act No. 19/2014 on HIV and AIDS were held in the context of the commemoration of World AIDS Day to increase workers’ and employers’ awareness with a view to societal and behavioural change; (2) between 2021 and 2022, the labour inspectorate conducted 1,539 presentations across various enterprises to raise awareness about HIV and AIDS, reaching 53,246 workers, including 43,200 men and 10,045 women; (3) training has been provided to the institutional focal points to support the implementation of the Strategy for Preventing and Combating HIV/AIDS; and (4) in the context of the World Day for Safety and Health at Work, the National Conference on Occupational Safety and Health distributed copies of the National Strategic Plan for HIV and AIDS Response brochures, HIV/AIDS training manuals and information, and education and communication materials. In addition to these promotional activities, the Committee observes that the country benefited between 2020 and 2022 from the “Accelerating progress on HIV and AIDS in the world of work” ILO project, aimed at supporting the implementation of the Joint United Nations Programme on HIV/AIDS (UNAIDS)’s new strategy which is targeted at reaching out to people who do not yet benefit from HIV services providers, especially young women and girls in Eastern and Southern Africa. In its observation, the OTM highlights two concerns: (1) The Fifth National Strategic Plan 2021–2025 requires greater clarity concerning the respective roles and responsibilities of the various stakeholders, including the Government, private sector, trade unions, and civil society; and (2) Instances of discrimination based on HIV/AIDS have been reported to the labour inspectorate by trade unions, yet no visible actions or remedies have been taken in response. In this regard, the Committee notes the information provided by the Government, according to which in August 2023, a worker went to the General Labour Inspectorate (GLI) to file a complaint under the terms of article 49(g) of Act 19/2014 of 27 August 2014, regarding discrimination he suffered from his employer after he confided in him about his HIV status. The worker alleged that he was humiliated in front of his colleagues and then dismissed without just cause. Faced with this situation, the labour inspectorate notified the employer, who, fearing heavy fines, persuaded the worker not to pursue the complaint. The Committee notes that stigmatization of, and discrimination against, HIV-positive workers, caused by irrational fears of getting infected, is widespread in the world of work. However, experience shows that the stigmatization and exclusion of persons with HIV/AIDS in the workplace runs contrary to an effective policy to fight against HIV/AIDS. In that regard, the Committee wishes to refer the Government to the HIV and AIDS Recommendation, 2010 (No. 200) and the 10 Key Principles of the ILO Code of Practice on HIV/AIDS and the world of work. The Committee again asks the Government to consider extending the coverage of the current legislation to prohibit discrimination and promote equality of opportunity and treatment in employment and occupation also based on “perceived” HIV status, as contemplated in the HIV and AIDS Recommendation, 2010 (No. 200). It also asks the Government to indicate the measures envisaged to avoid situations where workers bringing their case to the labour inspectorate are persuaded to drop their case. Please provide information on the practical application of Act No. 19/2014.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Government reports that the Ministry of Gender, Children, and Social Action shares responsibility across public and private sectors, civil society, and partners for nine strategic priorities. These priorities include areas such as wealth-creating resources and employment; the National Council for the Advancement of Women (established to promote and support the implementation of policies, programmes, plans, and strategies on women and gender across various sectors); or increasing the enrolment rate for girls in lower and upper primary school, and lower and upper secondary school. In that regard, according to the information communicated, the enrolment rate of girls increased from 47.9 per cent in 2018 to 49.8 per cent in 2022. Furthermore, the number of scholarships awarded to women rose from 189 (out of 726) in 2018 to 1,553 (out of 2,284) in 2022. Regarding employment access, women secured 79,074 job positions in 2018 and, by 2022, that number increased to 129,986, representing 35 per cent of new job holders. In terms of access to wealth-creating resources, women received 1,600 (out of 4,000) land entitlements granted in 2018, and by 2022 this grew to 6,103 (out of 14,243) entitlements. Additionally, vocational training statistics from centres managed by the Secretariat for Youth and Employment (SEJE) show that, from 2018 to 2022, a total of 49,360 persons received training, including 25,641 men and 23,641 women. The Committee welcomes the above information, and the progress achieved. The Committeerequests the Government to report on the impact of the measures taken in the framework of the Gender Equality Policy and its Implementation Strategy and the IV National Action Plan for the Advancement of Women 2018–24 on the equality of opportunity and treatment between women and men in employment and occupation, such as improving the literacy rate of women and girls; eliminating gender stereotypes in education and increasing the number of girls opting for Science, Technology, Engineering and Mathematics (STEM) subjects; enhancing women’s access to the labour market, land and credit; addressing occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family; etc. Furthermore, it reiterates its request for updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions if available, both in the public and private sectors, as well as in the informal economy.

Discrimination based on race, colour or national extraction. Migrant workers. The Government indicates that there have been no complaints from migrant workers regarding discrimination in employment in the mining, agriculture, manufacturing, tourism and domestic work sectors. The Committee takes note of this information, which addresses its previous request.

Article 3(a). Collaboration with social partners. The Committee notes that the country is a beneficiary of an ILO Project entitled "Promoting Workers' Rights and Gender Equality at Work in Africa", 2022-2024. This project aims to enhance the protection of workers' rights and promote gender equality in the workplace. Its objectives include: (1) delivering capacity building and empowerment, in particular for women and youth; and (2) supporting trade unionists, to strengthen their advocacy efforts. Additionally, the project aims to design, support, and pilot “Equality at Work Initiatives” in collaboration with workers' organizations, employers' organizations, and government departments across targeted countries and sectors. The Committee therefore requests the Government to provide information on the main results achieved through this project.

Article 5. Special measures. Persons with disabilities. The Government reports, among other things, that: (1) the Employment Policy Action Plan (PAPE) 2021–2024, adopted in February 2021, includes the objective of facilitating access to education, vocational training, and employment for persons with disabilities; (2) article 7(3) of Decree No. 95/2021 on internship waives the age limit of 35 years old for interns with disabilities; and (3) job coaches are being trained on disability-related issues in the workplace, to raise awareness among employers about the importance of hiring persons with disabilities, adapting the working environment to different types of disability and prioritizing mechanisms designed to inform and advise persons with disabilities about labour market opportunities. The Committee notes that the Government is considering creating a database to manage data regarding persons with disabilities who are beneficiaries of active employment measures. It also observes that between 2012 and 2019, 801 individuals with disabilities (524 men and 277 women) received training in various fields. Additionally, the Committee takes note of the OTM’s observation emphasizing the need to improve vocational training to strengthen an inclusive education system, to ensure that children, young people, and persons with disabilities can achieve an optimal level of development and well-being, and social inclusion. The Committee observes that the country benefited between 2022 and 2024 from the ILO Project “Ending Stigma and Discrimination, Breaking the Cycle of Poverty and Marginalization of Persons with Disabilities” (MPTF UNPRPD). This project aims to develop and test practical models and tools to help institutions and individuals effectively combat prejudice and stereotypes that hinder persons with disabilities from accessing skills development and employment, thereby perpetuating the cycle of poverty and marginalization. Finally, the Government highlights several challenges to effectively including persons with disabilities in the workforce. These include difficulties in collecting, processing, and disseminating data on jobs created for women and persons with disabilities, as well as the need for financial resources to implement employment and job inclusion policies. For instance, Mozambique requires funding to train key stakeholders (such as public servants and enterprises), invest in the construction of more infrastructure (including roads, bridges, schools, and hospitals), and expand public employment services. The Committee requests the Government to provide information on: (i) the impact of the activities and measures implemented under the PAPE 2021–2024 and the Five-Year Agenda 2020–2024 to facilitate the hiring of persons with disabilities; (ii) the effectiveness of the regulations under Decree No. 95/2021 on the number of internship opportunities for persons with disabilities; (iii) the planned database for managing data on the beneficiaries of active employment measures, particularly persons with disabilities; and (iv) the main results and findings of the ILO Project “Ending Stigma and Discrimination, Breaking the Cycle of Poverty and Marginalization of Persons with Disabilities (MPTF UNPRPD)”.

Enforcement. The Government indicates that the labour inspectorate has been actively promoting the provisions of the new Labour Act, particularly those related to preventing discrimination, violence, and harassment in the workplace. It notes that only one complaint has been received so far, concerning HIV/AIDS discrimination (as previously mentioned). The Committee requests that the Government continue to provide information on: (i) the practical application of the new Labour Act provisions on discrimination in employment and occupation, including the number of cases handled by the labour inspectorate, courts and other relevant bodies, as well as sanctions imposed and compensation awarded; and (ii) the awareness-raising activities carried out by the labour inspectorate to educate the public and sensitize the social partners about the new provisions and the procedures for reporting discrimination.