Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Mozambique (Ratification: 1977)

The Committee notes the reports provided by the Government including the information that the Government has recently ratified a number of core Conventions including the Forced Labour Convention, 1930 (No. 29).

In its previous comments, the Committee expressed concern on the following points.

Article 1(a) and (b). The Committee previously noted that the Ministerial Directive of 15 June 1985 on the evacuation of towns contained a certain number of measures concerning persons considered to be "unproductive" or "anti-social". Such persons may be sent to re-education centres or placed in productive sectors and, if necessary, "appropriate coercive means" may be used to oblige those who resist the Directive to comply. In its report, the Government confirmed that the re-education centres had been closed and indicated that steps have been taken to call on the Ministries of Justice and of the Interior to repeal the Ministerial Directive. No further information on this is given by the Government in its most recent report. The Committee hopes that these steps will lead in the very near future to the repeal of the above Directive with a view to bringing the national legislation into conformity with the Convention. Please provide information on any progress made in this respect.

Article 1(a). The Committee previously noted that by virtue of sections 15 and 22, of Act No. 19/91, illegal activities intended to modify institutions of the State (section 15) and the offences of defaming, slandering and insulting the President of the Republic, members of the Government, High Court judges or members of the Constitutional Council (section 22), are punishable by prison sentences which may involve compulsory labour. The Convention, however, prohibits the use of forced or compulsory labour as a means of political coercion or education, or as a punishment for holding or expressing certain political opinions of demonstrating ideological opposition to the established political, social or economic system. In this respect, the Committee recalls that the protection afforded by the Convention extends to activities that aim to bring about fundamental changes in the institutions of the State, provided that they do not involve the use of, or incitement to, violent methods as a means of achieving the ends sought. Taking into account the above, the Committee once again requests the Government to provide information on the sentences handed down under the above provisions of Act No. 19/91 and to transmit copies of the corresponding rulings.

Article 1(b) and (c). The Committee notes the Government’s indication in its report that every effort will be made to amend the provisions of Act No. 5/82 of 9 June 1989 with respect to the defence of the economy which are not in conformity with the Convention. Act No. 5/82 provided for the punishment of behaviour which directly or indirectly jeopardizes economic development, prevents the implementation of the plan or is detrimental to the material or spiritual well-being of the population. Sections 10, 12, 13 and 14 of the Act prescribed sentences of imprisonment involving compulsory labour in several cases of failure to fulfil the economic obligations set forth in instructions, directives, procedures, etc., governing the preparation or implementation of the national plan. Section 7 of the Act punished unintentional behaviour (such as negligence, the lack of a sense of responsibility, etc.) resulting in the infringement of managerial and disciplinary standards. These provisions appear to be generally applicable to any breach of the obligations or economic and technical standards concerned. However, in accordance with the Convention, each Member undertakes to eliminate forced or compulsory labour and not to make use of any form of forced or compulsory labour (such as compulsory labour imposed by a court decision) as a method of mobilizing and using labour for purposes of economic development or as a means of labour discipline. The Committee hopes that the Government will be able to report progress in amending these provisions in its next report.

The Committee once again requests the Government to provide copies of Decrees Nos. 58 and 59 of 1974 with respect to prison labour and of any other relevant legislation that is in force.