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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mozambique (Ratification: 1996)

The Committee had previously requested the Government to provide its comments on the 2010 observations made by the International Trade Union Confederation (ITUC) regarding acts of anti-union discrimination in export processing zones and the consistent violation of collective agreements. Noting with regret that the Government did not provide any information in this respect, the Committee reiterates its previous request.

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. The Committee had previously requested the Government to provide information on the number of complaints received concerning acts of anti-union discrimination and interference, and on the number of fines imposed, with a view to being able to assess whether the penalties envisaged were sufficiently dissuasive. The Committee notes the Government’s indication that: (i) the Labour Mediation and Arbitration Commission (COMAL), a tripartite body created in 2009, has processed, from its inception in 2010 until the first half of 2018, 60,888 cases, resulting in 48,229 agreements and 12,659 deadlocks; and (ii) 83 per cent of labour-related cases have been resolved through this extrajudicial mechanism, demonstrating the usefulness of this mechanism for resolving labour-related conflicts. While welcoming the creation of the COMAL and the promotion of extrajudicial mechanisms in labour-related conflicts in general, the Committee requests once again the Government to provide specific information on the number of complaints, including judicial complaints, concerning acts of anti-union discrimination and interference and the number of fines imposed. The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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