Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 138) sur l'âge minimum, 1973 - Mozambique (Ratification: 2003)

Autre commentaire sur C138

Observation

2022
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Article 2(1) of the Convention. Scope of application and labour inspection. Children working in the informal economy. Following its previous comments, the Committee notes the Government’s indication, in its report, that the General Labour Inspectorate (IGT) does not monitor or inspect activities or work in the informal economy considering that the Labour Law (Act No. 23/2007 of 1 August 2007) only regulates work in the formal economy. Consequently, while no situations constituting the employment of children under the minimum age have been identified in inspections conducted in the formal economy, there is no statistical data on the observance of international labour standards regarding the employment of children and young persons in the informal economy. The Government indicates, however, that the IGT has recommended the dissemination of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), and is continuing its efforts to identify instances of child labour, which is mostly observed in the agricultural, mining and livestock grazing sectors.

While taking due note of this, the Committee notes that, in its concluding observations of 27 November 2019, the United Nations Committee on the Rights of the Child recommended that Mozambique strengthen its labour inspectorate, including through increased financial resources and continuous capacity-building, and develop programmes and intersectional coordination mechanisms to identify and protect victims of child labour, including in the informal sector (CRC/C/MOZ/CO/3-4, paragraph 44). The Committee requests the Government to strengthen its measures to ensure that the protection afforded by the Convention is guaranteed to children working in the informal economy, including through labour inspection. In this regard, the Committee once again encourages the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working both in the formal and in the informal economy, particularly in the agricultural sector, as well as in the mining and livestock grazing sectors. It requests the Government to provide information on specific measures taken in this regard, as well as on the results achieved.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes the Government’s indication that Act No. 6/2016, amending Act No. 23/2014 on Vocational Education, provides that the minimum requirement to enter the basic level of vocational education is completion of at least the second grade of primary education or equivalent, and the minimum requirement to enter the intermediate level of vocational education is the completion of at least the basic level of vocational education or the first cycle of general secondary education or equivalent. The Committee observes that this does not respond to the requirement, under Article 6 of the Convention, of ensuring that no minor under 14 years of age is permitted to enter into an apprenticeship programme, and that it appears that the minimum age to do so remains 12 years of age, in accordance with section 248(3) of the Labour Law. The Committee therefore requests the Government to take the necessary measures to ensure that children below the age of 14 do not enter apprenticeship programmes in undertakings, including in the framework of the current Labour Law review.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee previously noted that the national legislation of Mozambique permitted minors between 12 and 15 years of age to enter into employment contracts (section 26(2) of the Labour Law), including domestic work (section 4(2) of the Regulations on Domestic Work (Decree No. 40/2008)), with the written authorization of their legal representatives. It requested the Government to take the necessary measures to bring that legislation, including the Labour Law, into conformity with Article 7(1) and (3) of the Convention (minimum age of 13 for light work and conditions and hours for permitted light work activities).

The Committee notes the Government’s indication that the revised draft Labour Law will establish the age of 18 as the sole minimum age for admission to employment, without exceptions. The Committee expresses the firm hope that the provisions of the revised Labour Law will ensure that any light work activities may not be undertaken by children under the age of 13 years, as required by Article 7 of the Convention, including in domestic work. In this regard, it requests the Government to keep it informed of the progress made in the adoption of the revised Labour Law, and whether a minimum age of 18 years, without exception, is provided for by the new Labour Law.

Application of the Convention in practice. The Committee notes the information contained in the Government’s report relating to the cases of child labour received by the Children’s Court (six cases in 2022), through activities led by municipalities throughout Mozambique. While taking due note of this information,the Committee notes with regret the absence of information concerning the Committee’s previous request for statistics on the number of children under 15 years of age who are involved in child labour. The Committee once again requests the Government to take the necessary measures to ensure that up-to-date statistical information on the economic activities of children and young persons is made available, including the number of children working under the minimum age. It also requests the Government to provide information on the manner in which the Convention is applied in practice as well as information on the number of inspections carried out, the number and nature of violations relating to the employment of children and young persons detected, and the penalties imposed.

The Committee is raising other points in a request addressed directly to the Government.