Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 
1. Trafficking in persons. Taking account of the convergence of information about cases of trafficking to South Africa, both for purposes of sexual exploitation and exploitation of the labour of victims, the Committee previously requested the Government to provide information on the measures taken with a view to combating this phenomenon. The Committee notes with interest the adoption of Law No. 6 of 9 July 2008 which establishes a legal framework applicable to the prevention of and the fight against trafficking in persons, particularly women and children. The Committee notes that section 10 criminalizes trafficking in persons and imposes penalties of up to 16 to 20 years of imprisonment. The Act imposes a special obligation on officials of the immigration services, customs officials, border police, and health personnel or any other public officials who become aware of trafficking cases, to report such incidents to the competent authorities. The police force equally have the obligation to initiate investigations into all cases of which they become aware (section 9). The Act also provides for: the putting into place of measures for the protection and integration of victims (section 21), the right of a temporary residence permit for victims who cooperate with the authorities (section 24), and the training of agents of the immigration services, criminal police and customs. The Committee notes the Government’s indication that activities to raise the awareness of the population about the new legislation have been carried out. It observes, however, that regulations to implement the Act which are needed to establish the duties of the different bodies, including those of civil society, with a view to the practical application of the measures provided for in the Act, are still in the course of being drafted. The Committee hopes that regulations implementing the law on trafficking in persons will be adopted very soon in order that measures for awareness raising and training, as well as for the protection and integration of victims, can be put into effect. It requests the Government to provide detailed information in this regard in its next report. Please also indicate the measures taken to ensure that judicial proceedings are initiated against perpetrators of this crime, and provide information concerning the number of residence permits granted to victims who agree to cooperate with prosecuting authorities and on judicial decisions applying the Act that have already been issued.

The Committee notes the activities carried out by the Government in order, on the one hand, to ensure greater coordination with South African authorities in the area of police investigation so that evidence can be obtained that is needed for judgements to be rendered against persons who engage in trafficking and, on the other hand, to educate magistrates, agents of the security forces and social workers on the issues of traffickings. The Committee asks the Government to continue to provide information on actions taken in these two areas.

2. Freedom of public servants to leave their employment. In its previous comments, the Committee noted that the employment relationship of established public servants shall end by means of an “exemption” authorized by the State or at the request of the public servant. The “exemption” requested by the public servant could be authorized in exceptional and duly justified cases (sections 230 and 232 of Decree No. 14/87 of 20 May 1987). The Committee notes with interest that, under section 136 of the new General Public Service Regulations (Act No. 14 of 17 March 2009), the restrictions applicable to a request for “exemption” have been abolished.

Article 2, paragraph 2, subparagraph (a). Work exacted by virtue of compulsory military service laws. The Committee once again requests the Government to indicate whether civic service to replace or complement military service for citizens who are not subject to military obligations, to which article 267(3) of the Constitution refers, has been instituted. If so, please send a copy of the relevant legislation.

Article 2, paragraph 2, subparagraph (c). Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee noted that Legislative Decree No. 15/74 of 5 November 1974 allows the Prosecutor of the Republic to authorize prisoners, sentenced for the first time, to work outside the prison for public or private entities on the basis of contracts concluded between the management of the prison institution and the entity supplying the work. It also noted that the Government referred in previous reports to Decrees Nos 58 and 59 of 1974 on prison labour. The Committee once again asks the Government to indicate the legislation regulating prison labour that is currently in force and to provide a copy of it. Please also provide information on the way in which prison labour is organized, whether inside or outside prison institutions and, where appropriate, to indicate the nature of work performed by prisoners for private entities, the manner in which prisoners express their consent to this work and the remuneration which they receive, vis-à-vis the average remuneration paid for the same activity performed by free workers.

Communication of legislation. The Committee requests the Government to provide a copy of the regulations governing military personnel in the Mozambique armed forces, as these regulations were previously sent by the Government but in an incomplete version.