Committee on the Rights of Migrant Workers reviews Mozambique's initial report

Committee on Rights of Migrant Workers

4 September 2018

The Committee on the Protection of the Rights of All Migrant Workers and Members of their Families today concluded its consideration of the initial report of Mozambique on its implementation of the provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Introducing the report, Joaquim Veríssimo, Minister of Justice, Constitutional and Religious Affairs of Mozambique, explained that ever since its independence in 1975, Bulgaria had endeavoured to adopt human-centred policies of economic and social development.  However, that commitment had been thwarted by the war waged from outside Mozambique’s borders, resulting in millions of victims and massive destruction of the economic and social infrastructure, whose consequences were still felt.  National legislation, in particular the Constitution and the Labour Code, aimed at the effective implementation of the Convention, and at ensuring that all migrant workers and members of their families had the rights provided for in the Convention, without distinction of any kind.  The Labour Code advocated that migrant workers had the right to protection by the competent national authorities, that foreigners legally working in Mozambican territory had the right to equal treatment and opportunities as national workers within the framework of the rules and principles of international law, and in accordance with the reciprocity clauses agreed between Mozambique and any other country, and that it was the responsibility of the State and public or private institutions to establish and maintain the appropriate services responsible for providing migrant workers with information about their rights and obligations abroad.

In the ensuing discussion, the Committee Experts asked about the practical implementation of laws to protect the rights of migrant workers, and Mozambique’s cooperation with other countries in that respect (bilateral agreements).  They inquired about specific legal provisions that guaranteed the equality between national and migrant workers, the number of court rulings that had invoked the Convention, the possibility for foreign workers to serve in the national civil service, the number of incoming and outgoing migrants, relations with the Mozambican diaspora, consular services for Mozambicans abroad, monitoring of recruitment agencies, migrant children, smuggling of migrants, backlog in resolving asylum applications, detention centres for migrants, treatment of irregular migrants, the functioning of the National Human Rights Commission and of the Ombudsman’s Office, training for civil servants on migratory issues, the State party’s stance on the competence of the Committee to hear individual complaints, the involvement of civil society in the preparation of the State party’s report, education for migrant children, and migrants’ access to legal aid.  

In his concluding remarks, Abdelhamid El Jamri, Committee Expert and Country Rapporteur for Mozambique, thanked the State party for its efforts to guarantee the rights of foreign migrant workers and their families in Mozambique, and to Mozambican migrant workers abroad.  Nevertheless, he asked the delegation to clarify the administrative deportation of migrants, and the appeal procedure available to them.  

Ermal Frasheri, Committee Expert and Country Rapporteur for Mozambique, appreciated the delegation’s effort to take part in the dialogue, and welcomed any further information and comments that it could provide.

On his part, Mr. Veríssimo stated that the delegation had learned a great deal through the dialogue, and that it was aware that repeated considerations of Mozambique’s efforts would help it improve its legal arsenal and the implementation of the Convention, which was still a challenge due to limited resources.

Committee Chairperson Ahmadou Tall expressed his warmest gratitude to the delegation for the answers provided to the Committee, as well as hope that Mozambique would be able to overcome challenges for the good and happiness of its people and migrant workers.

The delegation of Mozambique consisted of representatives of the Ministry of Justice, Constitutional and Religious Affairs, the Ministry of Labour, Employment and Social Security, and the Permanent Mission of Mozambique to the United Nations Office at Geneva. 

The Committee will next meet in public today at 3 p.m. to consider the initial report of Madagascar (CMW/C/MDG/1).

Report

The initial report of Mozambique can be read here: CMW/C/MOZ/1.

Presentation of the Report

JOAQUIM VERÍSSIMO, Minister of Justice, Constitutional and Religious Affairs of Mozambique, explained that Mozambique after independence in 1975 had endeavoured to adopt policies of economic and social development which were human centred, in line with article 1 of the Universal Declaration of Human Rights, which stipulated that all human beings were born free and equal in rights and dignity.  However, that commitment had been thwarted by the war waged from outside Mozambique’s borders, resulting in millions of victims and massive destruction of economic and social infrastructure.  The effects of that war continued to be felt until now.  Mozambique was a country that fought for a society of social justice where all residents, nationals and foreigners, enjoyed equal rights and opportunities.  The political will to promote equal rights and opportunities, with particular emphasis on migrant workers, was expressed in the national Constitution and the Labour Code.  The Government’s five-year programme 2015-2019 defined as one of the priorities the coordination, assurance and encouragement of a human rights-based approach, including gender, in the definition, planning and implementation of sectoral development programmes, and the pursuit of the implementation of the commitments made by the Government in that regard.  Mozambique was a signatory and party to most of the regional and international conventions and initiatives aimed at promoting equal rights for all citizens, including the International Convention on the Rights of All Migrant Workers and Members of their Families.  National legislation, in particular the Constitution and the Labour Code, aimed at the effective implementation of the Convention, and at ensuring that all migrant workers and members of their families had the rights provided for in the Convention, without distinction of any kind.

The Labour Code advocated that in the context of the right to free movement of persons and their living abroad, migrant workers had the right to protection of the competent national authorities, that foreigners legally working in Mozambican territory had the right to equal treatment and opportunities as national workers within the framework of the rules and principles of international law, and in accordance with the reciprocity clauses agreed between Mozambique and any other country, and that it was the responsibility of the State and public or private institutions to establish and maintain the appropriate services responsible for providing migrant workers with information about their rights and obligations abroad.  The Immigration Law recognized that migrant workers held the same rights as nationals.  Mr. Veríssimo stressed that Mozambique had in place a well-functioning Human Rights Commission and an Ombudsman, in line with the Paris Principles, to reinforce the work of State institutions in matters related to the promotion and protection of the rights of citizens.  Due to its geographical position, Mozambique had been used as a corridor for the entry and exit of many foreign citizens to other countries in their search for better living conditions.  Thanks to the blossoming of the national economy and the emergence of large employment opportunities, especially in mining and extractive industries, Mozambique had also seen many foreign citizens choosing it as a destination country.  On the other hand, many Mozambicans also emigrated to other countries, mostly to South Africa.  In order to better monitor migratory movements, the Government had implemented the Migratory Phenomenon Management System (SIMIGRA), which allowed for the management of labour migration in relation to the hiring of foreign nationals and the registration of Mozambicans working abroad.

The violation of human rights in general and of the rights of migrant workers in particular was an obstacle to tranquillity and social harmony.  Accordingly, the Government had incorporated the provisions of the Convention in migrant-related legislation; it had disseminated them to foreign companies and non-governmental organizations; it had organized training workshops to promote better understanding of the Convention, and training on legislation regulating the hiring of foreign workers; and it had reached to Mozambican workers abroad to assist them in many issues pertaining to their rights.  The national Constitution guaranteed the right to healthcare for all citizens.  The primary healthcare strategy continued to be the main axis of the Government’s action through the reduction of the high morbidity and mortality rates, particularly among the most vulnerable groups, including migrants.  HIV/AIDS in Mozambique had one of the highest prevalence rates in the world, and the Government had implemented various programmes and strategies to fight HIV/AIDS.  Education was another fundamental right guaranteed by the national Constitution.  The Government’s priority was to provide access to educational services for all, regardless of their social and economic status, origin, religion, gender, ethnicity, physical condition or disability, Mr. Veríssimo noted.

Questions by Country Rapporteurs 

ABDELHAMID EL JAMRI, Committee Expert and Country Rapporteur for Mozambique, underlined that migrant workers, foreign or Mozambican, had a need for human development.  How were laws for the protection of the rights of migrant workers implemented in practice?  How did Mozambique work with the region in that respect, with countries of destination and origin?  What specific legal provisions guaranteed the equality between national and migrant workers?  What was the scope of the authorization for foreign workers to serve in the national civil service?

Why did migrants in transit often stay in Mozambique?  What was the country’s general migration policy?  Mr. El Jamri further inquired about the cross-border cooperation group with South Africa.  What had been its major achievements?  How often did it meet?

Turning to the diaspora, the Country Rapporteur asked about the formal ceremony to express their grievances to the national authorities, and about the signing of employment contracts with recruitment agencies.

How many incoming and outgoing migrants were there in Mozambique?  How many irregular migrants were there?  What was the number of Mozambicans working in South Africa, Portugal and Brazil?  What were the statistics with regard to the affirmative action for workers living with HIV/AIDS?

What was the number of rulings handed down by judges referring to the Convention?  What was the organization of the administration and public services with respect to migration management?  What structures dealt with migrants?  Were regional and local authorities involved in migration affairs?

Finally, Mr. El Jamri inquired about the achievements and results of Mozambique’s migration policies.  Were all migrant children integrated in the national education system?  What happened with children that did not speak Portuguese?  What access did migrants have to civil registration, social protection and justice?  What were the areas for improvement?    

ERMAL FRASHERI, Committee Expert and Country Rapporteur for Mozambique, commended the State party for having improved its migration governance.  What types of services did Mozambique provide to its diaspora and Mozambicans who had returned to their country?  What challenges did they face when they went abroad and when they returned?

On the situation of migrant workers in Mozambique, Mr. Frasheri asked whether the concept of citizenship extended to them.  How was their legal status determined and what was the legal status of their families?  How did the system of quotas for employing foreigner workers function?  How did private employers comply with the legislation protecting migrants’ rights?

What kind of skilled migration existed in Mozambique?  What measures were being taken to address the smuggling of migrants enroute to South Africa?  How did the executive agencies implement the recommendations issued by the National Human Rights Commission and by the Ombudsman?

Questions by Other Committee Experts

An Expert inquired about concrete legislation on gender equality, non-discrimination, and on domestic violence.  She also asked about bilateral agreements with neighbouring countries and with countries of destination for Mozambican citizens.

Was the judicial system effective in implementing international standards on the rights of migrant workers?  Had the State party managed to remove its backlog in asylum applications?  What was the system for protecting victims of trafficking, and was there cooperation with neighbouring countries in that sense?                

Another Expert commended the existence of independent national institutions to protect the rights of migrant workers in Mozambique.  Had the National Human Rights Commission been granted A status in line with the Paris Principles?  How many complaints relating to the rights of migrants had the Commission registered and what had been their outcome?

Were there any problems with the application of bilateral agreements on migrant workers signed by Mozambique with third countries, especially Portugal?  How did migrant centres function?  Were they detention centres?  What were the main findings of visits to those centres?  How many offences had been committed against migrants in Mozambique?  What was the origin of migrants in the country?

What was the situation of Mozambican workers abroad?  What type of support could the Government of Mozambique provide to them, for example in terms of registration of children, and access to education?  What type of consular support did Mozambique provide to facilitate the transfer of the remittances of its nationals abroad, and to those who had been expelled?

How did the programme for workers living with HIV/AIDS function?  What kind of training did civil servants receive on migratory issues?  Did the Government sanction private companies that violated contractual agreements?

What overarching policies had the Government adopted in order to implement the Convention and what coordination mechanisms existed among different Government bodies, including with civil society, to that end?  What was the State party’s stance on the competence of the Committee to hear individual complaints?

AHMADOU TALL, Committee Chairperson, inquired about the involvement of civil society in the preparation of the State party’s report, and asked for information about irregular migrants in the country.

Replies by the Delegation

JOAQUIM VERISSIMO, Minister of Justice, Constitutional and Religious Affairs of Mozambique, agreed that there were still many complex challenges in Mozambique with respect to the promotion and protection of human rights.  They lay above all in the implementation of the rights enshrined in the Convention.  The legal framework in the country defined citizens of Mozambique and legal residents.  Even those persons in irregular situation held certain fundamental rights, such as children who could access healthcare.  There was no discrimination that could jeopardize the physical integrity of any human being in Mozambique.

If there was a vacancy in the public sector, a foreign citizen could be recruited to fill it, Mr. Veríssimo explained.  The Government was currently identifying sectors in which the country needed additional knowledge and skills, and it would recruit foreign workers to transfer the relevant knowledge to the local workforce.

The decisions of the Ombudsman’s Office, in conjunction with the Prosecutor’s Office, held great weight.  There were many cases that showed that.  There was an increasing number of rulings by judges that referred to international conventions due to training, Mr. Veríssimo noted.

The authorities held many assessment meetings to assess the situation of foreign workers in the country.  There were hotlines in place to assist them with lodging complaints.  Many people had been tried already due to the violation of migrant workers’ rights.  Specialized teams helped migrant workers prepare their holidays at home, avoid dual taxation, and transfer remittances.  The authorities had recently held a forum with private companies to discuss hiring policies.  Mozambique had signed a range of agreements with various countries to safeguard the rights of migrant workers, Mr. Veríssimo informed.

The delegation confirmed that no country could stand alone in addressing the questions of migration.  Migrant workers could potentially become victims of trafficking.  Some foreign citizens asking for asylum and refugee status in Mozambique disappeared from the holding centres and then reappeared on the labour market.  Mozambique had to work with other countries to prevent abuses, and it did so by being part of the regional police force cooperation.  Extractive industries and related services attracted many foreign workers in the country.

The Ombudsman’s Office and the National Human Rights Commission were mutually complementary.  For example, addressing the poor functioning of the State administration was the competence of the Ombudsman’s Office, whereas the mandate of the Human Rights Commission was more general.  The Commission had not yet applied for the A status under the Paris Principles because its work in the first mandate had not been found satisfactory.  
           
Mozambique had a longstanding commitment to ratify the International Covenant on Economic, Social and Cultural Rights, whereas the authorities were still considering whether to ratify the International Convention for the Protection of All Persons from Enforced Disappearance.  As for legislation on domestic violence, the authorities were considering adopting a more general law on violence that would focus on the family as a whole.

The State party had a labour and administration office for Mozambican mining workers in South Africa.  There were about 20,000 such Mozambican workers, and their main concern was guaranteeing access to social welfare and securing the payment of overdue salaries, the delegation explained.  There were partnerships and agreements with South Africa to resolve outstanding problems with respect to Mozambican migrant workers.

The Government provided vocational training and business management courses to former mining workers.  Mozambicans working abroad who wished to come back home could register their employment interests and regulate their social welfare contributions on the national employment portal.  In terms of settling labour disputes with private employers, Mozambicans had at their disposal several mechanisms, including labour unions.

JOAQUIM VERÍSSIMO, Minister of Justice, Constitutional and Religious Affairs of Mozambique, noted that all foreign migrants in Mozambique enjoyed rights and held duties.  In particular, children enjoyed the right to education.  The Labour Law provided for equal rights for migrant workers vis-à-vis national citizens.  The only difference was that there was a requirement for authorization for the hiring of foreign workers.  The Migration Act recognized that migrant workers had the same rights and guarantees as national citizens.  It set out the rules for the arrival, stay and exit from the country.  The Government had opened various offices in the country to issue entry visas to foreign citizens, with the aim of improving the business climate.

The Decree on the Employment of Foreigners in the Civil Service of 2011 regulated the employment of foreign nationals in various sectors, and in particular in the mining and petroleum sector.  The employment of foreigners in the mining sector was regulated by a separate decree.  In addition, the National Policy of Employment addressed measures to regulate migratory labour and the transfer of knowledge of Mozambican workers abroad.  Various bilateral agreements with South Africa regulated labour-related issues for Mozambican workers, whereas an agreement with Portugal of 5 July 2018, and with Brazil of 2017 regulated their social security, explained Mr. Veríssimo.

As for the treatment of migrant workers, the Government had created the National Institute for Mozambican Workers Abroad (INACE), through which Mozambicans abroad were organized in associations, and through which they could interact with Mozambican diplomatic services, raise their concerns, and also meet with the President of Mozambique.  Multi-sectoral teams were dispatched abroad to issue passports and facilitate the registration of Mozambican children born abroad.  The authorities also wanted to involve faith leaders to reach out to the diaspora.

Speaking of the transfer of private funds by migrant workers, Mr. Veríssimo explained that Mozambique had signed agreements to avoid double taxation with South Africa, Portugal, Mauritius, and the United Arab Emirates.  The Government was currently developing a computer system to allow embassies and consulates with skilled technicians to be able to carry out the proper recording of legal facts about migrants.  The authorities had taken measures to repatriate Mozambican children who had been mistreated while working on farms in South Africa.  The media had played a key role in denouncing that phenomenon.

Given its privileged geo-strategic position and the boom in extractive industries, Mozambique was a country of destination for foreign workers.  It was a huge challenge to gather disaggregated data on foreign workers in the country.  Many workers decided to stay in Mozambique due to the local culture of solidarity and hospitality.  The authorities felt a moral obligation to accept those who sought a better life, legally or illegally.

The Government had issued licenses to 65 private recruitment agencies in the country, and it guaranteed their compliance with labour standards through labour inspections.  Those agencies that hired illegally faced fines.  In the first half of 2018 there were 10,090 legal foreign workers in Mozambique, 17,935 in 2017, 14,490 in 2016, and 19,443 in 2015.

The SIMIGRA electronic system aimed to record the details of the hiring process of foreign workers in Mozambique, and of Mozambican workers abroad.  The system was interoperable with the social security system and the payroll system, thus providing more reliable information and better monitoring.
 
Citizens could submit complaints and petitions to the Ombudsman’s Office, which defended citizens’ rights and monitored legality in the functioning of the public administration, and could initiate legal processes.  The National Human Rights Commission dealt with investigating complaints, and monitoring the implementation of international conventions.  The Commission complied with the Paris Principles in that it was composed of members from different social sectors, including civil society.  The authorities heard the opinion of civil society both at the national and local level.

The staff of Mozambican diplomatic missions received training on the rights of migrant workers.  Mozambique had been participating in the talks on the Global Compact on Migration, which would contribute to improving national mechanisms on migration.  The Compact would restore the dignity of migrants, and it would contribute to fighting discriminatory treatment and xenophobia against migrant workers globally, Mr. Veríssimo underlined.

Mozambique still faced many challenges in safeguarding the rights of migrant workers, which it planned to tackle through human development, training of all relevant stakeholders, technical assistance from the international community, and perfecting the democratic rule of law.  The first priority was to consolidate peace, stability and the unity of Mozambicans.  Another priority was to improve computer-based gathering of data and the registration of migrants.

Mozambique was improving its mechanisms for the Committee to receive individual communications from migrants.  The Government did not want to just present a fine report; instead it wanted to ensure that migrant workers were key contributors to the development of the country.  Accordingly, the authorities were making regular assessments among the migrant population, Mr. Veríssimo stressed.

Second Round of Questions by Committee Experts 

ABDELHAMID EL JAMRI, Committee Expert and Country Rapporteur for Mozambique, raised the issue of minors, and reciprocity of benefits in countries hosting Mozambican workers.  Were there any foreigners in the mining sector working as civil servants?  What kinds of entry visas did the Government issue?

Mr. El Jamri further inquired about the scope of the agreement with Portugal on social benefits.  How many agreements in the area of social security had Mozambique signed and with which countries?

Mozambique had lifted customs for arriving migrants.  What happened when they left the country?  Did recruitment agencies only make their revenue from recruitment?  How many labour inspectors were there in the country?  What kind of fines were imposed on recruitment agencies?  

In terms of disputes, what was the number of labour complaints and their outcomes in recent years?  How far did the Ombudsman’s Office get involved?

Was there a migration detention centre for irregular migrants?  Were they separated from common criminals?  What was the appeals procedure for migrants?  Was civil registration possible throughout the country?  What happened when a child was born to regular and to irregular migrants?

Turning to education, Mr. El Jamri asked what happened to children who did not speak Portuguese.  Was legal aid available to migrants in irregular situations?  How did the Government ensure that the social contributions made by Mozambican workers in other countries could benefit them once they returned home?

ERMAL FRASHERI, Committee Expert and Country Rapporteur for Mozambique, asked the delegation to provide information about the expulsion in February 2017 of thousands of migrant workers, mostly in the mining sector, as well as about the migration flows to and from Malawi.

What happened when domestic legislation ran counter to the provisions of international agreements or treaties?  How did bilateral agreements apply and how were they enforced?

As for child labour, Mr. Frasheri inquired what happened to children once they had been retrieved.

What mineral resources were mined in Mozambique, an Expert asked.  What measures had been taken to ensure that workers in mines were decently paid and not recruited illegally?

How many inspections had been made by the National Human Rights Commission in places where migrants were detained or accommodated?  Which body – the Ombudsman or the Commission – was in charge of the process of accreditation?

How did Mozambican migrant workers participate in national elections?

Replies by the Delegation

JOAQUIM VERÍSSIMO, Minister of Justice, Constitutional and Religious Affairs of Mozambique, clarified that there were no detention centres for migrants in Mozambique.  Migration was an administrative issue alone and there were no criminal offences connected to migration.  The Maratana centre was a categorization centre where migrants went to receive support in terms of administration, food and healthcare.  There was a clear distinction between migrants and refugees.

A child born on Mozambican soil was a Mozambican citizen, Mr. Veríssimo explained.  There was no discrimination against children because of the status of their parents, and there was equal civil registration for any child born in the country.  Statistically, there were not many cases of migrant children that required specific linguistic accommodation in order to attend school.  There was bilingual education in primary schools and migrant children could be integrated in the education system in that vein.

Referring to the Experts’ question about the repatriation of 2,051 illegal minors from the province of Cabo Delgado, Mr. Veríssimo noted that the Government wanted to stop illegal mining activities.  When mining resources were discovered in a certain region, there was a long process before those resources could have an impact on people’s lives.  The authorities thus needed to manage people’s expectations and build their skills in order to work in a certain sector.  At the same time, all companies needed to demonstrate their corporate social responsibility by organizing skills training for local communities.

As for access to legal aid for migrants, the Legal Aid Institute provided free of charge aid to everyone who did not have enough resources to pay for legal aid.  There were also bilateral agreements on legal aid.  Police escort was assigned to large movements of migrants, Mr. Veríssimo explained.  

There were two constituencies in the National Parliament – for Mozambicans living in Africa and in Europe – representing Mozambicans in the diaspora.  Nevertheless, the right to vote had not yet been extended to all Mozambicans abroad.

The delegation explained that the recruitment of foreigners in the national civil service was defined by a separate decree.  The decree was applied to foreign nationals who exercised paid activities when it came to the implementation of international cooperation agreements with third countries.  That was the case, for example, with the recruitment of Cuban medical doctors.  Such recruitment did not apply to political, diplomatic and certain police functions.

Speaking of national human rights institutions, the delegation reminded that the Paris Principles did not stipulate that there should be only one institution to monitor the implementation of international human rights treaties.  Some countries had opted to have two institutions, such as Mozambique.

Mozambique issued a range of entry visas, such as student, border, business, work, tourist, residence, and transit visas.

Human rights education was becoming part of the regular school curriculum, starting in primary schools.  Training of civil servants was fundamental in ensuring that the State party was implementing the Convention well, and that it was creating relevant jurisprudence.  
 
As for guaranteeing reciprocity in social security, the delegation explained that the Social Security Law ensured that Mozambican migrant workers paying for their social benefits abroad could receive reimbursement upon return to Mozambique.  The authorities had taken measures to transfer private funds to avoid dual taxation.

Mozambique had about 130 labour inspectors who visited and monitored the work of private recruitment agencies.  In case of violations of norms, labour inspectors first focused on educating them about regulations and then applied fines.

The country had in place the National Plan to Prevent the Worst Forms of Child Labour, which ensured the rights of migrant children.  The authorities were also registering working conditions in South African farms.  The children recently discovered in South African farms had been repatriated to Mozambique and offered social services.  

Concluding Remarks

ABDELHAMID EL JAMRI, Committee Expert and Country Rapporteur for Mozambique, thanked the delegation for a rich, frank and constructive dialogue, which was just the beginning of the process.  He thanked Mozambique for its efforts to guarantee the rights of foreign migrants workers and their families in Mozambique, and to Mozambican migrant workers abroad.  Mr. El Jamri further inquired about the administrative deportation of migrants, and about the appeal procedure available to them.  

ERMAL FRASHERI, Committee Expert and Country Rapporteur for Mozambique, appreciated the delegation’s effort to take part in the dialogue, and welcomed any further information and comments that it could provide.

JOAQUIM VERÍSSIMO, Minister of Justice, Constitutional and Religious Affairs of Mozambique, stated that the delegation had learned a great deal through the dialogue, and that it was aware that the consideration of Mozambique’s periodic report would be repeated periodically to help it improve its legal arsenal and the implementation of the Convention, which was still a challenge due to limited resources.  Mr. Veríssimo noted that the training of staff was of utmost importance in that sense.  Mozambique could not live in a bubble; it was just one street in a global village.  

AHMADOU TALL, Committee Chairperson, expressed warmest gratitude to the delegation for the answers provided to the Committee, as well as hope that Mozambique would be able to overcome challenges for the good and happiness of its people and migrant workers.
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