Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Mozambique (Ratification: 2003)
Protocol of 2014 to the Forced Labour Convention, 1930 - Mozambique (Ratification: 2018)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the adoption of Act No. 6/2008 of 9 July establishing the legal framework applicable to preventing and combating trafficking in persons. It requested the Government to provide information on the adoption of the implementing regulations of the Act, which were to establish measures for awareness-raising, training, protection and the reintegration of victims.

The Committee notes the Government’s indication in its latest report that the implementing regulations of the Act have not yet been adopted. With regard to judicial procedures, the Government refers to the difficulties encountered in relation to investigations and adds that, in the context of a cooperation agreement with Brazil, training has been undertaken for professionals involved in the investigation of cases of trafficking and a manual of procedures had been prepared for magistrates and criminal investigation officers. The Committee notes this information and hopes that the implementing decree under Act No. 6/2008 will soon be adopted so as to allow the effective implementation of the measures envisaged in the Act in relation to the initiation of legal procedures (section 9), the training of those responsible for giving effect to the Act (section 28), the protection and reintegration of victims (sections 20, 21 and 24) and the establishment of appropriate machinery and institutions to combat trafficking in persons (section 30). Please also provide information on the number of residence permits granted to victims who agree to cooperate with the prosecution authorities and on court decisions that have been issued under the Act.

Article 2(2)(a). Work exacted by virtue of compulsory military service laws. In its previous comments, the Committee referred to article 267(3) of the Constitution, under which the law shall establish a civic service to replace or supplement military service for citizens who are not subject to “military obligations”. The Committee notes the adoption of Act No. 16/2009 of 10 September 2009 determining the principles and basic rules governing civic service and its implementing text (Decree No. 8/2010 of 15 April 2010). The Committee observes that, in accordance with sections 1 and 2 of the Act, citizens between the ages of 18 and 35 years who are not subject to “military obligations” shall perform civic service, which consists of activities of an administrative, cultural or economic nature or the provision of assistance. Furthermore, under the terms of sections 3 and 4 of the Act, the Council of Ministers shall determine the annual contingents who are to be covered by civic service.

The Committee recalls that, to be excluded from the scope of application of the Convention and from the definition of forced labour, work exacted by virtue of compulsory military service laws must be of a purely military character. In this respect, the Committee observes that, on the one hand, civic service, which forms part of the obligation of citizens to participate in defending the independence, sovereignty and territorial integrity of their country (article 267 of the Constitution), replaces or supplements military service for citizens who are not subject to “military obligations” and, on the other, that the activities imposed in the context of civic service are not of a purely military character (sections 3 and 7 of the regulations). Under these conditions, the Committee requests the Government to provide information on the manner in which the obligations deriving from military service are combined with those of civic service. Please indicate how persons who are not subject to military obligations are defined and who are accordingly subject to the obligation to perform civic service, and specify their numbers.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee referred to Legislative Decree No. 15/74 of 5 November 1974 on prison work, under the terms of which prisoners convicted for the first time could work outside the prison for public or private entities, on the basis of contracts concluded between the management of the prison and the entity offering the work. It requested the Government to provide information on the manner in which prison labour is organized.

The Committee notes the Government’s indication in its latest report that the arrangements for the performance of prison labour have not yet been determined as a new Act on prison labour has just been adopted. The Government adds that, in the context of the current process of the revision of the Penal Code, there is a proposal to introduce alternative penalties to imprisonment. The Committee emphasizes that, to be compatible with the Convention, work performed by prisoners for private entities must be carried out under conditions close to those of a free labour relationship, that is with the free and informed consent of the prisoners, and with certain guarantees and safeguards to ensure that the work is performed under conditions approximating a free labour relationship. The Committee requests the Government to provide a copy of the new Act on prison labour and any texts that have since been adopted there under. Please also provide information on the manner in which prison labour is organized, both inside and outside prisons and, where appropriate, specify the working conditions guaranteed for prisoners performing work for private entities, the manner in which prisoners give their consent for such work and their remuneration. The Committee also requests the Government to provide information on the progress made in the revision of the Penal Code and, where appropriate, to provide a copy.

Communication of legislation. The Committee requests the Government to provide a copy of the regulations governing military personnel in the Mozambique armed forces.