CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mozambique (RATIFICATION: 1977)

Other comments on C111

Observation

Direct Request

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Article 1(1)(b) of the Convention. Discrimination on the basis of HIV and AIDS. The Committee notes with interest the adoption of Act No. 19/2014 on HIV/AIDS establishing, among others, provisions for the equality and non-discrimination of workers and job applicants living with HIV/AIDS in both the private and public sectors, including domestic workers. The Committee notes, in particular, that Act No. 19/2014 provides for equal opportunities and treatment for workers, job applicants and public employees with HIV/AIDS, and expressly prohibits discrimination based on HIV/AIDS with regard to work, training, promotion and career advancement (section 47); prohibits HIV testing for the purpose of accessing employment, continuing in the employment relationship and accessing training and career development (section 51); calls upon employers to establish policies and programmes to prevent and combat HIV and AIDS at the workplace, including information and education services, counselling and testing (section 53); and provides for the compensation and reintegration of the worker dismissed on the ground of HIV/AIDS (section 60) and for the compensation for the job applicant rejected because of HIV/AIDS (section 61). The Committee notes the Government’s indication that 32 cases of dismissal have been filed under the Act, 11 of which have been referred to the court for decision because no settlement was reached between the parties. The Committee also notes the information provided by the Government concerning the various activities undertaken with a view to preventing HIV and addressing its impact at the workplace, including the measures adopted under the “Strategy for the Prevention and Control of HIV/AIDS in the Public Service”, the information campaign on Act No. 19/2014 designed with the support of the ILO and the specific project addressing the transport sector implemented in cooperation with the ILO. The Committee requests the Government to provide information on the practical application of Act No. 19/2014, including information on any policies and programmes adopted at the workplace to prevent and combat discrimination based on HIV/AIDS. Please also continue to provide information on the nature and number of complaints filed with the competent authorities alleging discrimination based on HIV/AIDS and any cases detected by the labour inspectors, and their outcomes. Recalling that national law and policies should provide for protection from discrimination and stigma on the basis of both real and perceived HIV status in order to cover also those discriminated against on the basis of stereotyping (see General Survey on the fundamental Conventions, 2012, paragraph 812), the Committee further asks the Government to consider extending the coverage of the current legislation so as to prohibit discrimination and promote quality of opportunity and treatment in employment and occupation also on the basis of perceived HIV status, as contemplated in the HIV and AIDS Recommendation, 2010 (No. 200).

Articles 1 and 2. Grounds and definition of discrimination. National equality policy. The Committee notes that the Government, despite requests by the Committee for specific information in reply to its previous comments, has failed to do so. The Committee recalls that section 54 of the Labour Act provides for equality of rights at work for any worker, regardless of ethnic origin, language, race, sex, civil status, age, social condition, religious and political ideas and affiliation to a trade union. The Committee once again requests the Government to indicate how the equality and non-discrimination provisions of the Labour Act are applied in practice and to provide information on any measures adopted or envisaged to combat discrimination in employment and occupation such as, for example, measures directed at addressing gaps in training and skills levels and examining and tackling other barriers that certain groups face in accessing and retaining employment in the various sectors and occupations, and their impact. In order to provide any undue limitations of the protection which the Convention seeks to guarantee, the Committee requests the Government to indicate whether both direct and indirect forms of discrimination are covered by section 54 of the Labour Act, by providing information on any judicial decisions interpreting these provisions or any advice, decisions or recommendations made by other competent bodies. Please also clarify whether this provision covers all aspects of employment and occupation, in accordance with Article 1(3) of the Convention, including access to vocational training and access to employment, and to a particular occupation.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that, while progress has been made towards improving women’s access to employment opportunities, cultural aspects still impair their participation in both vocational training and employment on an equal footing with men. According to the Report on the Household Budget Survey for the period November 2014–January 2015, the average unemployment rate was 15.2 per cent among women and 16.2 per cent among men. The Government acknowledges that occupational gender segregation persists, and that early marriages along with other factors have repercussions on women’s participation in the labour market. The Committee notes the Government’s indication that special measures targeting women are needed and their adoption is under consideration. It also notes from the information provided by the Government that out of the 1,145,406 jobs created from 2011 to 2014, 184,568 were accessed by women (that is 16 per cent of all jobs created); and that, under the Employment and Vocational Training Strategy 2006–15 (EEFP), 219,260 women participated in training courses, out of 633,971 total beneficiaries. The Committee further notes the information provided by the Government on a number of initiatives aimed at promoting business activities, including the Support Fund for Youth Initiatives (FAI), PROJOVEM programme, the District Development Fund (FDD), the Strategic Plan for the Reduction of Urban Poverty (PERPU) and the Agrarian Development Fund (FDA). In this regard, the Committee notes from the report of the UN Special Rapporteur on extreme poverty and human rights that women have little control over or access to productive resources (A/HRC/26/28/Add.1, 4 June 2014, paragraph 25). The Committee thus recalls that promoting and ensuring access to material goods and services required to carry out an occupation, such as land, credit and other resources, shall be part of the objectives of a national policy on equality (see General Survey on the fundamental Conventions, 2012, paragraph 756). The Committee requests the Government to continue to provide information on the measures adopted to promote, in practice, equality of opportunity and treatment in employment and occupation of men and women and their results, including information on the measures taken to promote women’s self-employment and their access to land, credit and other material goods and services needed to perform an occupation. Noting that a significant gap persists between the number of men and women who have benefited from the employment and vocational training strategy, the Committee again requests the Government to take this gap into account when evaluating the strategy with a view to adopting specific measures to reduce it.

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee noted that section 66 of Labour Act No. 23/2007 equates sexual harassment with a disciplinary offence and provides that victims shall be entitled to compensation in an amount of 20 times the minimum wage, without prejudice to any judicial cause of action under the applicable law. The Committee also noted that the draft new General Statute of the Public Service, which addresses the issue of harassment, was awaiting promulgation. The Committee notes that the new General Statute of the Public Service was adopted in April 2017. It notes that the Government has not provided additional information on this subject. The Committee once again requests the Government to provide information on the effect given in practice to section 66 of Labour Act No. 23/2007, including the number of disciplinary penalties imposed and compensation awarded, and to provide a copy of the new General Statute of the Public Service. It also requests the Government to provide information on the measures adopted or envisaged to prevent and combat sexual harassment at the workplace, including any awareness-raising campaigns and any measures designed to assist victims to gain access to legal remedies.

Article 5. Special measures. Persons with disabilities. The Committee notes the Government’s indication that various activities aimed at promoting access to training and employment of persons with disabilities are contemplated under the “Action Plan to Assist Victims of Mines and Persons with Disabilities”. The Committee requests the Government to provide information on the implementation of the Action Plan and the results achieved as far as the promotion of equal opportunities and treatment in employment and occupation of persons with disabilities is concerned. The Committee also reiterates its request for information on the effect given in practice to section 28 of Labour Act No. 23/2007 to promote the access of persons with disabilities to employment and vocational training, as well as on any other measures adopted or envisaged to promote the application of the principle set out in the Convention in relation to persons with disabilities.

Enforcement. The Committee once again requests the Government to provide information on any relevant administrative and judicial decisions, as well as on the activities of the labour inspection services in relation to cases of discrimination, including any sanctions imposed or remedies provided. It also requests the Government to indicate any measure adopted or envisaged to promote broader awareness of the matters covered by the Convention, particularly through vocational training of the judiciary, labour inspectors and other relevant officials and agencies.