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

Minimum Age Convention, 1973 (No. 138) - Mozambique (Ratification: 2003)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. Following its previous comments, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Government has enacted Decree No. 85 of 2009 governing the Basic Social Security System as well as Council of Ministers Resolution No. 17 of 2010 on the implementation of the National Basic Social Security Strategy (ENSSB) for the period 2010–14. According to the Government’s report, the aim of ENSSB is to provide monthly payments to households without members who are fit to work and to enhance protection for children, including orphaned and vulnerable children who are being financially exploited by their families or foster families. The Committee also notes the information available from ILO–IPEC that under the project “Supporting actions to meet the 2015 target to eliminate the worst forms of child labour in Lusophone countries in Africa”, a project on hiring professional services to develop a comparative study of application of ILO Conventions and Recommendations with a view to strengthening child labour related matters in the national legislation and the identification of existing national policies has been initiated.

The Committee notes however, that according to the Multiple Indicators Cluster Survey Report of 2008 (MICS), 22 per cent of children between 5 and 14 years are engaged in child labour. The Committee requests the Government to provide information on the implementation of the Basic Social Security System and the ENSSB and the results attained, specifying their contribution to the effective abolition of child labour. The Committee further requests the Government to indicate the impact of the comparative study conducted under the ILO–IPEC project in terms of strengthening the national legislation on child labour and the national policy measures designed to eliminate child labour. The Committee finally requests the Government to supply statistics relating to the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

Article 2(1). Scope of application. Mining. The Committee had previously noted that section 3 of the Labour Law provides that employment relationships in mining shall be governed by a special regime. In this regard, the Committee had noted the Government’s statement that discussions were ongoing at the governmental level on proposals regarding several sectors, including mining. The Government indicated that these proposals were pursuant to the Labour Law and that the lowest minimum age in the proposals under discussion was 15 years of age.

The Committee notes the Government’s indication that the proposal of the regulation on mining is still under discussion. The Committee requests the Government to provide a copy of the regulation governing employment relationships in mining, once it has been adopted.

Part III of the report form. Labour inspection. The Committee had previously noted the Government’s statement that the general labour inspectorate under the Ministry of Labour, is responsible for supervising the application of labour standards. The Government also stated that when irregularities are detected, the general labour inspectorate has the power to impose fines on employers in order to achieve compliance with the law. The Committee further noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 4 November 2009, expressed concern that the labour inspectorate and police face shortages of qualified staff, adequate funds and training to carry out their mandates (CRC/C/MOZ/CO/2, paragraph 80).

The Committee notes the Government’s indication that during the course of 6,754 inspections carried out in 2011, 10,462 infringements of various labour standards were detected. Fines were issued for 3,051 cases while official warnings were issued in 7,411 cases. The Committee notes the Governments statement that in 2011, no child under the age of 15 years was found to be working in the formal sector. The Committee requests the Government to indicate whether any violations have been detected concerning children between 15 and 18 years of age in hazardous work during the inspections carried out by the labour inspectors. It also requests the Government to take the necessary measures, including through the allocation of additional resources, to adapt and strengthen the general labour inspectorate, in order to ensure that the protection established by the Convention is afforded to all children in the country. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.