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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Mozambique (Ratification: 2003)

Articles 3(a), 5 and 7(1) of the Convention. Worst forms of child labour. Sale and trafficking of children, monitoring mechanisms and penalties. Following its previous comments, the Committee notes the information contained in the Government’s report according to which the Specialized Unit for Trafficking in Persons, Illegal Immigration and Child Protection (SUTP) of the National Criminal Investigation Service (SERNIC) has carried out prevention interventions throughout the country. The Government indicates that awareness-raising presentations aimed at front-line officials from the SERNIC, the Department for the Assistance of Women and Child Victims of Violence, border control police, and the Customs Service and the National Migration Service have been held in coordination with other State institutions, non-governmental organizations and the International Organization on Migration (IOM). The Committee further notes the information contained in the Government’s report under the Forced Labour Convention (No. 29), 1930, according to which other measures have been taken to reinforce the capacities of anti-trafficking authorities, including the production and distribution of handbooks containing procedures for assisting victims of violence, including trafficking victims; weekly technical training sessions provided to police sub-units, addressing various issues including trafficking in persons; and training sessions and short courses held by the SUTP for its focal points throughout Mozambique in order to improve techniques for detecting cases, arresting traffickers and rescuing victims as well as criminal investigation methods. The Committee notes the Government’s indication that, in 2021, SERNIC recorded four cases of livestock grazing in Eswatini and the forced labour and sexual exploitation of children in South Africa, both involving Mozambican children. The children involved in these cases, all of whom were girls, were rescued and brought back to their families. The Government also provides statistics on the cases of sexual abuse of minors recorded by SERNIC (299 cases in 2022), but it is unclear whether those cases are related to trafficking or commercial sexual exploitation. Moreover, the Committee observes with regretthat the Government does not provide any information on the number of prosecutions, convictions and penalties applied in cases of trafficking of children for commercial sexual or labour exploitation. The Committee therefore requests the Government to take measures to ensure that thorough investigations and prosecutions of perpetrators of the sale and trafficking of children are carried out. The Committee also once again requests the Government to provide information on the practical application of the Trafficking in Persons Act 2008, including information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in cases involving children under the age of 18 years.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Following its previous comments, the Committee notes the Government’s information, in its report, that specific and coordinated interventions have been implemented by the relevant bodies, namely the national police and the SERNIC, to remove children from situations that are harmful to their health and development, including from areas where child prostitution is practised. The Committee notes, however, that the Government does not provide information on measures taken to ensure that persons who use, procure or offer children for the purposes of prostitution or pornography are effectively punished through appropriate criminal penalties (see 2012 General Survey on the fundamental Conventions, paragraphs 637–639). The Committee, therefore, urges the Government to take the necessary measures to ensure that appropriate criminal penalties which constitute an effective deterrent are established for the offences related to the use, procuring or offering of a child for prostitution and for the production of pornography or for pornographic performances. The Committee asks the Government to provide information on the measures taken in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information regarding the results achieved through the implementation of the National Action Plan to Combat the Worst Forms of Child Labour (NAP) 2017-22, including: (i) the enrolment of 7,395,512 students in full primary education by 2022 (73 per cent of the overall target); (ii) the construction of 1,183 primary classrooms, benefitting more than 130,000 students (35 per cent of overall target); and (iii) the provision of school meal programmes that benefited 206,158 students in 42 districts and 340 schools.

While taking due note of this information, the Committee observes that most measures taken appear to only benefit children at the level of primary education. In this regard, it recalls that, according to a 2021 UNICEF report on the situation of children in Mozambique, the net attendance rate at the secondary level was just 20 per cent for boys and girls between the ages of 13 and 17 years in 2017, with the lowest rates appearing in the North of the country. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to improve the functioning of the educational system, particularly by increasing the enrolment, attendance and completion rates at the lower secondary level. It requests the Government to provide information on the measures adopted and the results achieved in this regard.

Application of the Convention in practice. The Committee notes with regret that the Government does not provide up-to-date data on the situation of working children, including those involved in the worst forms of child labour, in Mozambique. The Committee urges the Government to take the necessary measures to ensure that sufficient data on the situation of working children, including those involved in the worst forms of child labour in Mozambique, is made available. It also once again requests the Government to supply information on the number of investigations, prosecutions, convictions and penalties applied for offences related to the worst forms of child labour. To the extent possible, all information provided should be disaggregated by age and gender.

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