Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. Article 1 of the Convention. Sexual harassment. With reference to its general observation of 2002 on the Convention, the Committee asks the Government to provide in its next report information on the measures adopted or envisaged to prevent and combat sexual harassment in employment and occupation.

2. Article 2. Application in practice. With respect to the practical application of Act No. 5/2002 prohibiting discrimination on the ground of HIV/AIDS, the Committee notes that the Government is taking steps to address discrimination on the ground of HIV/AIDS, including imposing and enforcing punitive measures. The Committee also notes the programmes undertaken in cooperation with South Africa with a view to reducing the rate of HIV/AIDS infection among Mozambican mineworkers in South Africa and to provide support to those already infected. The Committee also notes that consultations are being undertaken with the social partners to determine if revisions are needed to Act No. 5/2002 and regarding its application in practice. The Committee also notes that draft regulations are being prepared. Noting that the Government recognizes that discrimination against workers infected with HIV/AIDS occurs in practice, the Committee encourages the Government to continue to provide information on the measures taken to prevent and address this form of discrimination, and the results achieved. Please also indicate the outcome of the consultations on the possible revision of the Act and any measures taken as a result. The Committee would also like to receive a copy of the new regulations once they have been adopted.

3. Promotion of the access of women to employment. The Committee notes the numerous measures taken by the Government aimed at promoting the access of women to employment. It notes the income-generating projects undertaken in the context of the National Integrated Programme (PNI) for women in rural areas, the small business training programmes organized by the National Institute for Employment and Professional Training, which include management training for income-generating activities in animal husbandry, as well as the steps taken to raise awareness of the availability of microcredit facilities with a view to increasing and improving self-employment of women. While welcoming these measures, the Committee also notes the report of Mozambique submitted to the Committee on the Elimination of Discrimination against Women (CEDAW) (CEDAW/C/MOZ/1-2, pages 32-37), in which the Government indicates the low participation of girls in education, particularly in secondary and tertiary education and in vocational training, the high rate of repetitions and drop-outs among female students, and the existence of socio-cultural factors which further limit access of girls to education. Recalling the importance of equal access to education and training for achieving equality between men and women in employment and occupation, the Committee requests the Government to increase its efforts to promote and secure equal access of girls and women to education, vocational training and employment and to provide information on the specific results achieved in its next report, including with respect to access of women to non-traditional sectors and decision-making positions.

4. Awareness raising and enforcement. While noting the Government’s indication that section 146 of the General State Statute provides for up to 70 days of maternity leave and that discrimination on the ground of pregnancy is prohibited under Labour Act No. 8/98, the Committee recalls that the legal context is important but not sufficient to eliminate discrimination in practice as certain forms of discrimination stem from behaviour, attitudes or the display of prejudice which can be eliminated only by the adoption of positive measures, awareness‑raising and other promotional measures. The Committee, therefore, again asks the Government to indicate in its next report measures taken or envisaged to raise awareness of employers and workers and their organizations of the rights of non-discrimination and equality in employment and to improve the enforcement of laws and agreements protecting such rights.

5. Labour inspection. In the absence of new information in response to the Committee’s previous request concerning the activities of the National Labour Inspectorate, the Committee again asks the Government to indicate in its next report specific measures taken to improve the knowledge base of the labour inspectorate on matters of discrimination and the recording of complaints and corrective action taken to enhance the application of the Convention.

6. Part IV of the report form. Noting that the Government has not provided information concerning this part of the report form, the Committee once again requests the Government to provide copies of any administrative or judicial decisions relevant to the application of the non-discrimination principle of the Convention.