Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Mozambique (Ratification: 2003)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that the national legislation does not prohibit the use, procuring or offering of a person under 18 years for prostitution, the production of pornography or for pornographic performances. It noted that section 63(1)(b) and (c) of the Child Protection Act requires the Government to adopt legislative or administrative measures to protect children against all forms of sexual exploitation, including prostitution and exploitation of children in pornography or pornographic performances.

The Committee once again notes with regret the Government’s statement that no legislation has been passed recently. It reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring and offering of a child under 18 years of age for prostitution, for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee, therefore, urges the Government to take the necessary measures to ensure the adoption of legislation prohibiting the use, procuring and offering of a person under 18 years of age for prostitution, for the production of pornography or for pornographic performances in accordance with Article 3(b) of the Convention, as a matter of urgency. It requests the Government to provide information on the progress made in this regard.

Clause (d). Hazardous work. Children in domestic work. The Committee previously noted that pursuant to section 3 of Act No. 23/2007 of 27 August 2007 (Labour Law), Regulations on Domestic Work (No. 40) were adopted on 26 November 2008, section 4(2) of which prohibits employers from employing a person under 15 years of age in domestic work. The Committee, however, observed that these regulations did not address the issue of hazardous domestic work by children. In this regard, the Committee noted that children, particularly young girls, engaged in domestic work, were often victims of exploitation, worked in dangerous situations up to 15 hours a day and were subject to physical abuse. The Government stated that it was difficult to supervise their conditions of employment due to the clandestine nature of such work.

The Committee notes that the Government’s report does not contain any information on this point. Noting with concern the situation of children working as domestic workers, the Committee urges the Government to take immediate and effective measures to protect these children from hazardous types of work. It requests the Government to provide information on the measures taken in this regard.

Article 4(1). Determination of hazardous types of work. With regard to this point, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. Orphans and other vulnerable children (OVCs). In its previous comments, the Committee noted the efforts taken by the Government to enhance the protection of vulnerable children such as: (i) the Basic Social Assistance Programme and the National Basic Social Security Strategy (ENSSB) which aim to provide financial assistance to households who have members who are not fit to work or who have orphaned children; (ii) the Action Plan for the Reduction of Absolute Poverty (PARPA II); (iii) a Multi-sectoral Plan for Orphans and Vulnerable Children (PACOV); and (iv) the establishment of a multi-sectoral technical group for vulnerable and orphaned children and child protection committees to support orphans and OVCs. However, noting with concern the large number of children orphaned as a result of HIV/AIDS, the Committee urged the Government to strengthen its efforts to ensure that such children are protected from these worst forms of child labour.

The Committee notes from the Government’s report that a total of 452,868 and 361,309 households are currently benefiting from the Basic Social Security and Basic Social Subsidy programmes, respectively. It also notes the Government’s information that the ENSSB is being revised in order to increase the coverage and impact of the basic social security interventions. Moreover, the Committee notes from the 2014 Global AIDS Response Progress Report for Mozambique (GARP Report) that since 2011 there has been a high level of political support for orphans and OVCs and an increase in the number of interventions. According to the GARP Report, at the community level, around 220,000 orphans and OVCs received support while more than 280,000 orphans and OVCs were provided support in partnership with NGOs and civil society. Moreover, this report indicates that school attendance among female orphans aged 10–14 increased considerably from 53.1 per cent in 2009 to 71.4 per cent in 2011. The Committee notes, however, that according to the UNAIDS estimates of 2014 there are 610,000 children below the age of 17 years who have been orphaned due to AIDS. Recalling that orphans and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to pursue its efforts to ensure that such children are protected from these worst forms. It requests the Government to continue to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

The Committee encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

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