Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Other comments on C111

Observation

Direct Request

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HIV/AIDS. The Committee notes the brief information provided by the Government regarding cases of dismissal on the basis of workers’ HIV status that were brought before the judicial authorities. The Committee requests the Government to continue to provide information on the number and nature of complaints filed with the administrative and judicial authorities based on HIV and AIDS, including for mandatory HIV testing and on the decisions handed down, as well as on the findings and results of labour inspection activities in this regard and on the decisions handed down. Please also provide information on the outcome of the consultations which were being held on the need for the revision of Act No. 5/2002 prohibiting discrimination on the basis of HIV/AIDS and on the action taken as a result.

The Committee notes, however, that the Government’s report contains no reply to its other previous comments. Acknowledging the Government’s participation in the ILO Workshop on International Labour Standards and Constitutional Obligations held in September 2013, in Lisbon, the Committee hopes that the assistance provided by the Office will offer additional guidance in the elaboration of the Government’s next report. It hopes that the report will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. In its previous comments, the Committee noted that the Labour Act No. 23/2007 does not prohibit any form of direct or indirect discrimination in all aspects of employment and occupation, and it referred in particular to racial discrimination in employment and to the absence of measures to prevent and combat this phenomenon. The Committee notes that the Government has not provided any information on this subject. The Committee once again requests the Government to provide information on the effect given in practice to the relevant provisions of the Labour Act No. 23/2007 and on any measures adopted or envisaged to combat discrimination in employment and occupation based, among other grounds, on race or ethnic origin.

Sexual harassment. The Committee noted previously 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 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 as soon as it has been adopted. 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.

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Article 2. The Committee requests the Government to continue providing information on the implementation of the strategic plan for education and employment and the employment and vocational training strategy, and particularly on their impact in terms of promoting equality of opportunity and treatment in access to education, vocational training, employment and occupation for the groups targeted by the labour policy, including persons with disabilities and the unemployed.

Equality of opportunity and treatment between men and women. … The Committee notes that, according to the Government, 223,223 men and 127,434 women have benefited from the employment and vocational training strategy, resulting in new jobs in self-employment and in productive associations. Noting the significant gap between the number of men and women who have benefited from the employment and vocational training strategy, the Committee requests the Government to take this gap into account when evaluating the strategy with a view to adopting measures to reduce the gap. The Committee also requests the Government to continue providing detailed information on the implementation of the policy of equality between men and women and its implementation strategy, and on its impact in terms of the elimination of discriminatory practices and the promotion of equality of opportunity and treatment in employment and occupation in the private and public sectors, as well as information on the awareness-raising activities undertaken in collaboration with the social partners.

Article 5. Special measures. Persons with disabilities. The Committee requests the Government to provide 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 notes the project to establish arbitration and mediation centres for labour disputes relating to the application of the Convention. The Committee requests the Government to continue providing 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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.