Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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. The Committee urged 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.

The Committee notes with interest the Government’s information that the use of children under the age of 18 years for prostitution and for the production of pornography or for pornographic performances is prohibited in accordance with Decree No. 67/2017 on the List of Work Considered Hazardous for Children. The Committee notes, however, that the sanctions prescribed under section 3(1) and (2) of the Decree concern only fines (amounting to five or ten times the minimum wage for that activity, and ten to 20 times the minimum wage for the offences related to the worst forms of child labour). In this regard, the Committee refers to Paragraph 12 of Recommendation No. 190 which provides that member States should provide that the worst forms of child labour, such as the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, are criminal offences. The Committee, therefore, requests the Government to take the necessary measures to ensure that appropriate criminal penalties which constitute an effective deterrent are established for the offences related to the use, procuring or offering of a child for prostitution and for the production of pornography or for pornographic performances. The Committee asks the Government to provide information on the measures taken in this regard.

Clause (d). Hazardous work. Children in domestic work. The Committee previously noted that section 4(2) of the Regulations on Domestic Work (No. 40) of 2008, prohibits employers from employing a person under 15 years of age in domestic work. It observed, however, 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. Noting with concern the situation of children working as domestic workers, the Committee urged the Government to take immediate and effective measures to protect these children from hazardous types of work.

The Committee notes with satisfaction that domestic work is one of the types of activities listed in Decree No. 67/2017 on the List of Work Considered Hazardous for Children and which is prohibited to children under the age of 18 years. The Decree lists certain domestic activities that are hazardous to children under 18 years, such as: long hours of work; night work; garden work with sharp objects; exposure to adverse climatic conditions; use of agro-toxic substances; work in inappropriate postures; and work in isolation and out of public view. The Committee requests the Government to provide information on the application in practice of Decree No. 67 of 2017, including the number of violations, investigations and penalties applied in relation to the employment of children under 18 years in hazardous domestic work.

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. In its previous comments, the Committee noted the efforts taken by the Government to enhance the protection of vulnerable children such as: the Basic Social Assistance Programme and the National Basic Social Security Strategy (ENSSB) which aims to provide financial assistance to households who have members who are not fit to work or who have orphaned children. It also noted the significant number of children who had been benefiting from these programmes. Moreover, the Committee noted from the 2014 Global AIDS Response Progress Report for Mozambique (GARP Report) that since 2011 there had been a high level of political support for orphans and other vulnerable children and an increase in the number of interventions which produced positive results in terms of support and access to education of orphans and other vulnerable children. However, it noted from the UNAIDS estimates of 2014 that there were 610,000 children below the age of 17 years who had been orphaned due to AIDS.

The Committee notes that the Government’s report contains no information with regard to the measures taken to protect orphans and other vulnerable children from the worst forms of child labour. It notes that according to the latest data of the UNAIDS, 2017 an estimated 920,000 children under the age of 17 years are orphans due to AIDS in Mozambique. Recalling once again that orphans and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts to ensure that such children are protected from the worst forms. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

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