Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Mozambique (Ratification: 2003)

Article 2(1) of the Convention. Scope of application and labour inspection. 1. Children working in the informal economy. In its previous comments, the Committee noted that pursuant to sections 1 and 2 of Labour Law No. 23/2007, this Law only applies in the context of a labour relationship. In this regard, the Committee noted the Government’s statement in its report to the United Nations Committee on the Rights of the Child (CRC) that informal trade is one of the most common forms of labour in which children are involved in Mozambique (CRC/C/MOZ/2, paragraph 356). It also noted from the concluding observations of the CRC that child labour remained a common practice on commercial cotton, tobacco and tea plantations and on family farms where children may, for example, herd livestock (CRC/C/MOZ/CO/2, paragraph 79). Moreover, according to the Multiple Indicators Cluster Survey (MICS) report, 25 per cent of children were engaged in child labour in rural areas, compared to 15 per cent in urban areas.

The Committee notes the Government’s information that although the general labour inspectorate deals with the formal economy, children engaged in activities in the informal economy are protected through measures that include access to basic social assistance and free education. The Committee notes the information contained in a UNICEF publication of 2016, entitled “Child and Social Protection–Current Situation”, that 22 per cent of children aged 5–14 years are engaged in labour primarily in the agricultural and domestic work sectors. The Committee requests the Government to continue to take the necessary measures to ensure that the protection afforded by the Convention is guaranteed to children working in the informal economy, including through the basic social assistance and free education programmes. It also requests the Government to provide information on the impact of these measures in preventing child labour in the informal economy. Moreover, referring to paragraph 343 of the General Survey of 2012 on the fundamental Conventions, which states that child labour in the informal economy can be addressed through monitoring mechanisms, including through labour inspection, the Committee 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 in rural areas, particularly in the agricultural sector as well as in the domestic work sector. It requests the Government to provide information on specific measures taken in this regard, as well as on the results achieved.

2. Domestic work. The Committee previously noted section 4(2) of the Regulations on Domestic Work (Decree No. 40/2008) which prohibits domestic work by children under 15 years of age, while permitting children of 12 years of age to be hired for domestic work with the permission of a legal representative. The Committee urged the Government to take the necessary measures to ensure that no child under the age of 15 years is permitted to engage in domestic work, except under the specific conditions laid down in Article 7 of the Convention for light work.

The Committee notes the Government’s statement that this issue will be considered during the review of the Labour Law. The Committee urges the Government to take the necessary measures to ensure the revision of the Labour Law, without delay, whereby children under 15 years of age are permitted to be engaged in domestic work, only as an exception based on specific conditions laid down in Article 7 of the Convention for light work. It requests the Government to provide information on any progress made in this regard.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that the age of completion of compulsory schooling (13 years) was two years below the minimum age for admission to employment or work (15 years). The Committee accordingly urged the Government to take the necessary measures to raise the age of completion of compulsory education to 15 years so as to coincide with that of the minimum age for admission to employment or work.

The Committee notes with interest the Government’s indication that the revised National Education System Act makes it compulsory to attend school until the completion of ninth grade, whereas earlier it was until the completion of seventh grade. The Committee requests the Government to provide a copy of the revised National Education System Act which establishes compulsory education up to ninth grade.

Article 3(2). Determination of hazardous types of employment or work. In its previous comments, the Committee expressed the firm hope that the Government would take the necessary measures to develop and adopt a national list of types of hazardous work prohibited for persons under the age of 18 years, in accordance with Article 3(2) of the Convention.

The Committee notes with satisfaction that the List of Work considered Hazardous for Children Decree No. 67 of 2017 has been adopted. According to section 1 of this Decree, children under the age of 18 years shall not be employed in prohibited types of work and activities which, by their nature, are harmful to their mental, physical, social and moral development. The list of hazardous types of work as listed in the Annex to the Decree include: work in agriculture, fish farming and forestry; fishing sector; mining and extracting; manufacturing industry; production and distribution of electricity, gas and water; construction; trade and commercial sector; transport and storage; health and social services; domestic services; work in the streets; and other work involving exposure to varied temperatures, ionizing and radioactive substances, repetitive movements, and work in confined spaces. Section 3 further lays down the penalties of fines amounting to five to ten times the minimum wage for any violations of the provisions of the Decree. The Committee requests the Government to provide information on the application in practice of sections 1 and 3 of the Decree No. 67 of 2017, including statistics on the number and nature of violations reported and penalties imposed.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee previously noted that, by virtue of section 21(1) of the Labour Law, an employment contract entered into directly with a minor between 12 and 15 years of age shall only be valid with the written authorization of the minor’s legal representative. It also noted that, under section 26(2) of the Labour Law, the Council of Ministers shall issue a legal authorization establishing the nature and the conditions of work that may be performed, in exceptional circumstances, by minors of between 12 and 15 years of age. In this regard, the Committee had recalled that, pursuant to Article 7(1) of the Convention, national laws or regulations may only permit the employment or work of persons of 13 to 15 years of age on light work, provided that such work is not likely to harm their health or development, or prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also reminded the Government that, pursuant to Article 7(3) of the Convention, the competent authority shall determine what constitutes light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting once again an absence of information on these points in the Government’s report, the Committee once again requests the Government to take the necessary measures to bring the Labour Law into conformity with Article 7(1) of the Convention by permitting children only from the age of 13 years to be engaged in light work. It also requests the Government to take the necessary measures to regulate this work by determining the types of light work activities permitted for children between the ages of 13 and 15 years, including the hours during which, and the conditions in which, such employment or work may be undertaken.

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