Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Abolition of Forced Labour Convention, 1957 (No. 105) - Mozambique (Ratification: 1977)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that, despite the revision of the Penal Code adopted in December 2019 (Act No. 24/2019), several provisions of the Penal Code still provide for sentences of imprisonment which may involve compulsory labour (pursuant to section 53 of the Code for the Implementation of Sentences) for certain forms of behaviour and activities which might fall within the scope of Article 1 (a) of the Convention, namely:

–defamation (section 232);
–insult (section 234);
–offending the honour of the President of the Republic or other public entities (section 237);
–offending foreign symbols (section 391) or national symbols (section 397); and
–perturbing the functioning of a public authority (section 399).

The Committee noteswithregret the lack of information provided by the Government in relation to the application of these provisions in practice. The Committee wishes to draw the Government’s attention to the fact that the Convention prohibits any recourse to compulsory labour, including as a result of a conviction to a sentence of imprisonment or to a sentence of community work, as a punishment for persons who hold or express certain political views or views ideologically opposed to the established political, social or economic system. It further notes that, in the context of the Universal Periodic Review (UPR), several stakeholders express concern about the reported cases of violence and intimidation against journalists and human rights defenders, involving arbitrary arrest and detention. It notes that, in 2019, several United Nations special procedure mandate holders issued a press release about the detention of a journalist, calling upon the authorities to immediately free him while noting that he had been charged with violations of the Penal Code, raising significant concerns about the criminalization of reporting (A/HRC/WG.6/38/MOZ/2 12 February 2021, paragraphs 30-33; and A/HRC/WG.6/38/MOZ/3, 22 February 2021, paragraphs 36-45).

The Committee again requests the Government to take the necessary measures to review the above-mentioned provisions of the Penal Code to ensure that both in law and practice persons who express certain political views or views ideologically opposed to the established political, social or economic system are not subjected to compulsory labour, as a result of a conviction to a sentence of imprisonment or to a sentence of community work. It requests the Government to provide information on any progress made in that regard, as well as on any court rulings handed down on the basis of the above provisions of the Penal Code, with an indication of the acts giving rise to the convictions and the penalties imposed.