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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mozambique (Ratification: 1996)

The Committee had previously requested the Government to provide its comments on the 2008 observations made by the International Trade Union Confederation (ITUC) regarding the serious acts of violence committed against striking workers in the sugar-cane plantation sector. The Committee notes the Government’s indication that the Labour Mediation and Arbitration Commission (COMAL), created in 2009 to promote social dialogue, has not received any reports of violence against workers in this sector. The Committee notes with regret the lack of action taken by the Government to investigate the alleged acts of violence brought to its attention by the Committee in 2008. The Committee emphasizes that where cases of alleged violence are brought to the Government’s attention, the competent authorities should begin an inquiry immediately and take appropriate measures to bring the perpetrators to justice. The Committee expects that the Government will give full effect to this principle in the future.

Article 2 of the Convention. Registration of workers’ and employers’ organizations. In its previous comments, the Committee had requested the Government to take the necessary measures to revise section 150 of the Labour Act, which allows the central authority of the labour administration an unduly restrictive period of 45 days to register a trade union or an employers’ organization. The Committee notes the Government’s indication that this matter will be considered during the revision of the current Labour Act. The Committee therefore expects that the Government will take the necessary legislative measures, in full consultation with the social partners, to bring section 150 of the Labour Act into conformity with the Convention. It requests the Government to keep it informed on any progress achieved in this regard. In the meantime, the Committee requests the Government to provide information on the application of section 150 in practice (number of trade unions registered in a year and the time taken by the requesting authorities to register a union).

Article 3. Penal responsibility of striking workers. The Committee had previously requested the Government to take the necessary measures to amend section 268(3) of the Labour Act, under the terms of which, any violation of sections 199 (freedom to work of non-strikers), 202(1) and 209(1) (minimum services) constitutes a breach of discipline for which workers who are on strike are liable under both civil and penal law. Noting the Government’s indication that the issues above will be considered for action, the Committee recalls that penal sanctions may only be envisaged where, during a strike, violence is committed against persons or property, or other serious breaches of the law, and only in accordance with the provisions punishing such offences. The Committee reiterates its previous request and expects that all necessary measures will be taken by the Government, in full consultation with the social partners, so as to amend section 268(3) of the Labour Act. It requests the Government to inform of any progress achieved in this regard.

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