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CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Mozambique (RATIFICATION: 2003)
Protocol of 2014 to the Forced Labour Convention, 1930 - Mozambique (RATIFICATION: 2018)

Other comments on C029

Observation
  1. 2022
  2. 2020
Direct Request
  1. 2022
  2. 2020
  3. 2018
  4. 2016
  5. 2012
  6. 2009
  7. 2008
  8. 2006

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Article 2(2)(a) of the Convention. Work exacted in virtue of compulsory military service laws. Civic service. The Committee previously noted that, pursuant to article 267 of the Constitution, the law shall establish a civic service to replace or supplement military service for citizens who are not subject to military duties. According to Act No.16/2009 of 10 September 2009 determining the principles and basic rules governing civic service and its implementing Decree No. 8/2010 of 15 April 2010, citizens between the ages of 18 and 35 years who are not subject to military duties shall perform civic service, which consists of activities of an administrative, cultural or economic nature or the provision of assistance. The Council of Ministers shall determine the annual contingents who are to be covered by civic service. The Committee requested the Government to provide information on the manner in which the category of “persons who are not subject to military obligations” and are therefore subject to the obligation to perform civic service is defined. Noting that the Constitution was revised by Act No.1/2018 of 12 June 2018, the Committee observes that article 267 above has been renumbered as article 263(3). It notes the Government’s statement, in its report, that a Bill amending the National Defense and Armed Forces Act was approved in August 2019 by the National Assembly that would address the concerns expressed by the Committee on civic service. The Committee once again recalls that, to be excluded from the scope of application of the Convention and therefore not to constitute forced labour, any work exacted by virtue of compulsory military service laws must be of a purely military character. That is not the case of work performed by persons within the framework of civic service which replaces or supplements military service. The Committee once again requests the Government to provide information on: (i) the manner in which the category of “persons who are not subject to military obligations” and are therefore subject to the obligation to perform civic service is defined; (ii) the number of persons who are required annually to perform civic service, as determined by the Council of Ministers, and the manner in which such persons are selected; and (iii) whether such persons may refuse to perform civic service and the consequences of any such refusal. It further requests the Government to provide a copy of the new version of the National Defense and Armed Forces Act, as amended.
Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Prison labour performed for the benefit of private entities. The Committee previously noted that, pursuant to section 71 of the Penal Code, prisoners who have completed one third of their sentence and have a record of good behaviour may be authorized to work for public or private entities within the framework of a contract concluded between such entities and the prison management. While noting that the above-mentioned provision has been deleted from the new version of the Penal Code (Act No. 24/2019 of 24 December 2019), the Committee notes that section 53 of the new Code for the Implementation of Sentences reproduces section 71 of the old version of the Penal Code. It furthers notes that, pursuant to sections 51 and 52 of the new Code for the Implementation of Sentences, prisoners may conclude an individual contract with the private entity and shall enjoy the same level of protection as other workers who are not prisoners regarding safety, health and other conditions of work. Furthermore, section 56 provides that 50 per cent of the salary received by the prisoner is for family expenses, reserve savings and personal use; 30 per cent is reverted to the General Penitentiary Services Fund; 10 per cent is reverted to a fund established to support prisoner’s social reintegration when released; and 10 per cent is for the payment of maintenance obligations or compensation for the victim of the crime for which the prisoner was sanctioned. The Government states that the work performed by prisoners for private entities is done with the full consent of the prisoners after authorization of the prison management who must meet before with the prisoner and his or her family to explain the procedures and advantages of this process. The Committee requests the Government to provide information on the number of authorizations granted for prisoners to work for private entities, specifying how, in practice, prisoners give their consent to work for private entities. It further requests the Government to provide information on the rate of remuneration of prisoners who work for private entities, including by providing copies of the contracts concluded between private entities and prisons management, as well as between private entities and prisoners.
2. Community work. The Committee previously noted that sections 90 to 95 of the Penal Code provide for a series of alternative penalties to imprisonment, including the performance of community work which consists of undertaking an activity, service or task without pay for the community in public or private entities pursuing public or community interest aims, including hospitals, orphanages and schools, the construction, conservation or maintenance of public thoroughfares and infrastructure, activities related to the conservation and protection of the environment and intellectual activities. It requested the Government to indicate whether the penalty of community work may be imposed without the consent of the convicted person. The Committee notes that the above-mentioned provisions have been replaced by section 75 of the new Penal Code, which also provides that this penalty may be applied as an alternative to a custodial sentence when the penalty to be replaced is not greater than three years. It observes that community work is further regulated by sections 138 to 172 of the new Code for the Implementation of Sentences and that, pursuant to section 139, the order of community work is issued by a court and after receipt of such order the convicted person shall immediately appear before the Alternative Penalty to Imprisonment Service. However, the Committee notes with regret the lack of information provided by the Government on whether the penalty of community service may be imposed without the consent of the convicted person. It recalls that, where the performance of community work may be for the benefit of private entities, such as charitable associations or institutions, the convicted person should be able to give formal consent to the performance of the work, and the conditions for its performance should be adequately managed and supervised to ensure that the work undertaken is effectively work of general interest and that the entities for which it is carried out are non-profit-making. The Committee once again requests the Government to indicate whether the penalty of community work may be imposed without the consent of the convicted person. It also requests the Government to provide detailed information on the manner in which the sentence of community work is applied, with an indication of the nature of the supervision carried out by the sentencing judge, the list of private entities authorized to receive persons convicted to this penalty, and examples of the work performed.
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