Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Mozambique (Ratification: 1977)

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee recalls that several provisions of the Penal Code (Act No. 24/2019) still provide for sentences of imprisonment which may involve compulsory labour (pursuant to section 53 of the Code for the Implementation of Sentences) for certain forms of behaviour and activities which might fall within the scope of Article 1 (a) of the Convention, namely:

• defamation (section 232);
• insult (section 234);
• offending the honour of the President of the Republic or other public entities (section 237);
• offending foreign symbols (section 391) or national symbols (section 397);
• perturbing the functioning of a public authority (section 399).

The Committee notes the Government’s indication, in its report, that measures have been taken by the Ministry of Justice to begin consideration of the possibility of amending the above provisions of the Penal code and of the Code for the Implementation of Sentences. However, it notes with regret the repeated absence of information from the Government concerning the application of these provisions in practice.

The Committee again draws the attention of the Government to the fact that the convention prohibits any recourse to compulsory labour, including as a result of a conviction to a sentence of imprisonment or to a sentence of community work, as a punishment for persons who hold or express certain political views or views ideologically opposed to the established political, social or economic system. The Committee again requests the Government to take the necessary measures to review the above-mentioned provisions of the Penal Code to ensure that they may not be used to subject persons who express certain political views or views ideologically opposed to the established political, social or economic system to a sentence of imprisonment or to a sentence of community work. It requests the Government to provide information in this regard, as well as on any court rulings handed down on the basis of the above provisions of the Penal Code, indicating the acts that give rise to the convictions and the penalties imposed.