MOZAMBIQUE: Children's Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

Mozambique - 10th Session - 2011
1st February - 2.30pm to 5.30pm

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National Report
Compilation of UN Information
Stakeholder Information
Accepted and rejected recommendations


National Report

60. Once they have been granted asylum and refugee status, the refugees are provided food supplies and medications, as well as guarantee of jobs for them and the right of education for their children.

66. Despite these remarkable advances, in 2004, the Gender Development Index (GDI) of the UNDP puts the position of women in Mozambique as 139th out of 144 countries. In practice the Index wants to show that there is still a difference between the constitutional rights enshrined under Article 36, the principle of gender equality and the practice which is manifested in poor access to the courts; traditional barriers in relation to property, disadvantages in the right of inheritance and access to productive resources. However, the recent approval of the Family Law (2003) and enacted in 2004 gives greater protection and rights for women and children, including those living with a partner, which is without doubt a great advance.

67. The phenomenon of discrimination against girls in access to education continues despite a tendency to improve compared to the past, insofar as school enrolments have increased and available data show a declining trend in the difference of the gap between boys and girls. Literacy has also improved among women, but there is still a big difference between men and women. The health indicators begin to come in line with international trends: women have higher life expectancy and men have death rates and higher mortality than women. But this trend can be reversed by the effects of the HIV/AIDS to the extent that women are more vulnerable to its effects and have higher mortality rates.

72. The CRM states in Article 113 combined with Article 114 that all citizens have the right to education in the Republic of Mozambique.

73. Literacy and basic education are part to various legal instruments and policies of development of the country. Including:

• The Constitution of Republic of Mozambique, which defines education as a right of every citizen and as a way to, national unity, eradication of illiteracy, mastering science and technology as well as moral and civic education of citizens;

• The Government's Five Year Plan (2004–2009), advocated the revival of literacy by giving it a global and realistic dimension, and aimed at reducing the illiteracy in 10%;

• The Law No. 6/92, which harmonizes the National Education System (SNE) to the Constitution;

• The Action Plan for the Reduction of Absolute Poverty (PARPA II), 2004–2009, which in the spirit of PARPA I (2001–2005) defines literacy and adult education as one of the main objectives of the educational program.

74. The legal instruments and policies mentioned above reflect the clear will of the government and the society, as a whole, to give to the education space and an increasingly active role in poverty reduction and human development in the country, conforming, thereby, to international commitments assumed from the Jomtien and Dakar Declarations, among others.

75. Education is seen as a key instrument for a number of structural redirection of political and economic process. In this context it was created in 1999, the Movement for Education for All in Mozambique (MEPT), comprising over 70 members, including Non-Governmental Organizations, Religious Institutions and Trade Unions. The main objective of the MEPT is to provide a space for civil society to participate actively in the education process in the country. MEPT is also a founding member and moderator since 2001 of SANCEFA (Southern Africa Campaigns for Networks of Education for All), which promotes the objectives of education for all through partnerships among countries in the region.

76. Mozambique participated in the Millennium Conference, sponsored by the UN in September 2000 which endorsed the "Millennium Declaration" along with the Millennium Development Goals (MDGs), having produced the Action Plan on MDGs which emphasizes the provision of universal primary education.

77. With the end of the war the education system is having a continuous expansion, with an annual growth rate between 9% and 11% in the number of students (since 1999) and 5- 8% in the number of schools at primary and secondary (since 2000). The rates of school enrolment reached 76% for all students and 73% for girls, overcoming the goals set forth for the eligible population in 2004, respectively, 72% for all students and 69% for girls.

78. However, the quality has been the major problem in access to education, particularly, because of the insufficient growth in the number of trained teachers to follow the expansion of the system, which contributes to high rates of repetition and drop outs. To alleviate this situation, the Ministry of Education developed a mechanism that lowers one year in duration of teacher training.

79. Recent statistics from the National Institute of Statistics informs that the average rate of illiteracy among the adult population stands at 53.6%, being higher in rural areas (65.7%) than urban (30.3%) and more marked among women (68 %) than men (36.7%).

97. The forced or compulsory labour, including children, is prohibited by law. There have been reports of cases and incidences of violation in the informal economy (trade and small household) and in rural areas (commercial agriculture), but when this happens the authorities take appropriate measures against the offenders. The factors that have contributed to these occurrences are chronic poverty of the family, the breakdown of family support mechanisms, unemployment of parents and adult relatives, the unexpected changes and instability in the economic environment, lack of educational opportunities, gender inequality, and the impact of HIV/AIDS.

98. Despite legislation prohibiting child labour, it still remains a concern in that it expresses the situation of poverty in the country. Formally, the minimum age for access to work without restrictions is 18 years of age. Nevertheless, the law makes some exceptions for children between 15 and 18 years of age to work, provided that the employers offer their education and professional training, and ensure that the working conditions are not physically and morally harmful for their development. Children between 12 and 15 years of age may work under special conditions needing a jointly authorization from the Ministry of Labour, Health and Education. The maximum weekly hours allowed to children under 18 years of age by law is 38 hours, the daily maximum load is 7 hours, and can not work in occupations that make them subject to diseases or that are hazardous or those that require from them stronger physical exertion. Children have to undergo a medical examination before beginning work. By law children must receive at least the minimum wage or a minimum of two thirds of the adult wage, whichever is higher.

116. Mozambique has a population of more than 20 million inhabitants, of which about 9 million are aged between 0–18 years. This means that about half of Mozambique's population are children. In this context, this means a concern with half the population which by nature is considered a vulnerable segment.

117. The promotion of the Rights of the Child has been a priority in the successive constitutions of the country since its inception. In the current Constitution, the rights of the child are provided in accordance with Article 47, in addition to existing supplementary 17 legislation that strengthens, such as the Juvenile Jurisdictional Statute, the Civil Code, the Criminal Code, Family Law, among others. In 1979, Mozambique had already adopted the Mozambican Declaration on the Rights of the Child, conceived as a basic instrument in guiding the society in relation to their interaction with the children, taking into account the protection of their rights.

118. Having in mind the legal protection of the child Mozambique adopted recently, the Law for the Promotion and Protection of the Rights of the Child (Law No. 7/2008 of July 9), Law on the Jurisdictional Organization of Minors (Law No. 8/2008 of July 15); and the Law for the Prevention and Combat of Trafficking in Persons, Especially Women and Children (Law No. 6/2008 of July 9).

119. To coordinate and integrate the efforts of various government institutions and civil society organizations involved in promoting and defending children's rights in the context of Law No. 7/2008 of 9 July, and the National Action Plan for Children was created the National Council for the Rights of the Child (CNAC) through Council of Ministers Decree No. 8/2009 of 31 March.

120. The National Council for Children is chaired by the Minister of Women and Social Welfare, and includes the Ministers of, Justice, Education, Health and Youth and Sports. The Council also includes representatives of civil society organizations and religious institutions.

121. In achieving the country's commitments towards the Rights of the Child, the Government has signed and ratified several international instruments, including the UN Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Additionally, there has been promoted the establishment of infant-juvenile associations.

122. Despite the war that ravaged the country, derived from its commitment to the cause of the Rights of the Child, Mozambique participated in 1990 at the World Summit for Children, where more than 159 countries pledged to strengthen efforts to ensure the survival, child protection and has signed the World Declaration on the Survival, Protection and Development of Children and its Plan of Action for the 1990s, adopted in this Summit.

123. The attitude of the country which is manifested in their commitment towards the child has had positive results, despite the side effects of war and natural disasters, consolidating on the high enrolment rates, high rates of coverage of vaccination programs, reducing child mortality, among others.

124. Ratings related to the current situation of children in Mozambique show that the country has made positive progress, with regards to developing a legal framework favourable to the implementation of child rights and the drafting of several documents of policies, which direct influence in promoting a favourable environment for the welfare of the child.

125. In this context, there have been remarkable gains in improving the hosting, assistance and integration of orphaned/abandoned and other children in difficult circumstances, and in solidarity with the communities.

126. With the peace reigning in the country, several strategies and programs in the medium and long term aimed at ensuring economic growth and development have been designed, especially the National Action Plan for Children (PNAC) which identifies key priorities in survival, protection and development of children, based on fundamental policies and strategies of the Government, namely the Government's Five Year Plan, the PARPA and Agenda 2025 and its annual planning tools: Economic and Social Plan (PES), the State Budget (OE) and the Middle Term Fiscal Scenario (CFMP).

127. The PNAC, respecting the recommendations of the Special Session of UN General Assembly on Children (2002) and the African Forum on Children, namely, in legal protection, nutrition, maternal and child health, HIV/AIDS, set out several cross-cutting areas identified as basic to survival, protection and development of children in the Mozambican context, such as basic education and child development, social action, culture and sport.

128. The development of the PNAC has the helpful assistance of other state institutions, NGOs and other related entities working for the well-being of children, to ensure that all those plans converge in the context of the goals and objectives of the World Summit for Children, under the development objectives of the country, as well as the Millennium Development Goals (MDGs).

129. Despite efforts made by the country on behalf of the children since independence, the situation of this group in Mozambique continues to be characterized by weak observance of their rights, because of the extreme poverty that characterizes the country.

UN Compilation

1. In 2007, the Committee on Elimination of Discrimination against Women (CEDAW) encouraged Mozambique to ratify the OP-CEDAW and accept the amendment to article 20 of the Convention.8 It encouraged Mozambique to consider ratifying ICESCR and ICRMW.9 In 2009, the Committee on the Rights of the Child (CRC) also encouraged Mozambique to accede to ICESCR.10

4. While appreciating the fact that the principle of the best interest of the child is incorporated into Mozambique's legislation, in 2009, CRC regretted that it is still not reflected as a primary consideration in most legislative and policy matters affecting children.16 It recommended that Mozambique promptly adopt the necessary implementation procedures and regulatory frameworks to allow the new legislation concerning children to become fully operational, and urged Mozambique to ensure that the Convention prevails when there is a conflict with domestic legislation or common practice.17

11. In 2009, CRC welcomed the adoption in May 2009 of a law establishing the National Human Rights Commission (NHRC). The CRC urged Mozambique to ensure that the newly established NHRC has the mandate and capacity to monitor children's rights under the Convention, in accordance with the Paris Principles, and that child-sensitive procedures are set up through which children can make complaints of violations of their rights.25

13. CRC noted that steps had been taken to make the decree establishing the National Council on Child Rights (NCCR) effective. However, it was concerned that the Ministry of Women and Social Action, which chairs the Council, receives less than 1 per cent of the national budget and has several other tasks under its responsibility.27

14. UNICEF stated that the NCCR will be comprised of representatives from the Government and civil society and that further efforts must be to made to ensure that the Council has a clear and independent budget to secure the desired level of independence.28

17. UNICEF stated that the Plan of Action for Orphans and Vulnerable Children (PACOV) (2006-2010) addresses the impacts of HIV and AIDS on children, and aims to create a protective environment for children affected by the pandemic.31

18. CRC noted with concern that despite the commendable economic growth sustained over the last decade, Mozambique continues to be heavily dependant on international cooperation. It also noted that 53 per cent of the national budget still comes from development cooperation and is increasingly going to general budget support based on Government policies and priorities.32

31. In 2009, CRC expressed serious concern at reports of police officers illegally detaining children and subjecting them to torture and ill-treatment. It urged Mozambique to investigate all such allegations, take immediate measures to stop police violence against children, and address the prevailing culture of impunity.55

32. UNCT indicated that prisons seldom comply with the minimum requirements for the treatment of prisoners. Juveniles and adults often share the same cells, prisons are overcrowded and 34 per cent of prisoners are in preventive detention. There are also reports of mistreatment and torture in the prisons. UNCT reported that prisoners do not have access to proper food, health care and sanitation and that few measures for the social reintegration of prisoners exist.56

33. In 2009, CRC was concerned at information that former girl soldiers, as well as girls and young women who were exploited as slave labour or abducted into sexual slavery in armed forces, have often been excluded from programmes for the reintegration of former soldiers.57

34. UNCT noted that available data reveal a widespread acceptance of the use of violence against women. This was highlighted by a 2008 survey in which 36 per cent of the female respondents stated that men had the right to beat them under certain circumstances.58 UNICEF made similar observations.59

35. In 2007, CEDAW called upon Mozambique to, inter alia, ensure that violence against women and girls constitutes a criminal offence, perpetrators are prosecuted, punished and rehabilitated, and women and girls who are victims of violence have access to immediate means of redress and protection.60

36. CRC was concerned that corporal punishment remains lawful in the home and schools and is often considered the only way to discipline children. It was also concerned that the Child Rights Protection Law does not explicitly prohibit corporal punishment at home and in schools.61

37. UNICEF referred to a 2008 Ministry of Education and Culture survey which revealed that 70 per cent of girl respondents reported that some teachers use sexual intercourse as a condition for promotion between grades; and 50 per cent of girls stated that boys in their peer group also abuse them sexually. The Ministry of Education has declared "zero tolerance" on sexual abuse in schools but enforcement of this policy remains weak.62 UNCT indicated that sexual harassment and abuse of girls in schools is among the key hindrances to girls' progress and completion.63 Similarly, CRC expressed serious concern at the prevalence of sexual abuse and harassment in schools, which reportedly lead some girls to refuse to go to school.64 CEDAW urged Mozambique to ensure that those responsible for the harassment and abuse of girls in the educational system are effectively punished and that girls are supported in denouncing such situations.65

38. UNCT stated that the 2008 Children's Act prohibits child labour and any form of work for children under 15 years of age, but noted that it is not effectively enforced. Data quoted shows that 22 per cent of children between ages 5 and 14 are involved in child labour, with a large disparity between urban (15 per cent) and rural areas (25 per cent). In rural areas, child labour is widespread and in many cases considered necessary for household survival. It is estimated that there are about 800,000 economically active children in Mozambique.66

39. In 2009, CRC expressed concern at Mozambique's intention to allow children aged 12 to 15 to work under special conditions as well as about the limited initiatives taken to combat child labour. It also expressed serious concern at the situation of orphaned children being economically exploited by foster families. It noted that while children aged 15 to 18 years are allowed to perform "non-hazardous work," the list of occupations considered "light work" has yet to be established.67

40. CRC was deeply concerned that child prostitution is increasing in Mozambique and that the existing law does not cover certain sexual offences against children, including forced sexual relations and sexual exploitation. It recommended, inter alia, developing and strengthening appropriate legislative measures to address the issue of sexual abuse and exploitation.68

41. UNCT indicated that more than 3,500 cases of child violence were reported to the police in 2009.69

42. CRC noted with appreciation the adoption in 2008 of a law against trafficking and recommended that Mozambique adopt a plan of action against sexual abuse and trafficking, taking into account OP-CRC-SC.70 The ILO Committee of Experts on the Application of Conventions and Recommendations expressed the hope, in 2010, that regulations to implement the Trafficking Act would be adopted very soon so that the protection and integration of victims could be put into effect.71 CEDAW recommended, inter alia, that Mozambique pursue and reinforce policies and programmes to address the root causes of trafficking.72

47. In 2009, CRC welcomed the adoption of the Juvenile Justice Law and the fact that the minimum age of criminal responsibility has been set at 16 years. However, it was concerned that deprivation of liberty is not used as a measure of last resort and that pre-trial detention is frequent. It also welcomed the decision to establish specialized juvenile courts, but it was concerned that only one court, in Maputo, is functioning and that in all the other provinces, children are tried by adult courts.77

48. UNICEF stated that the police have the authority to detain minors who have allegedly committed an offence for a maximum of 30 days, following which the child must be presented in Minor Court or Civil Sections. Ideally, a transition centre or intermediate facility should be used and special consideration should be given to ensure that such cases are brought to the courts in a timely manner. However, this is not common practice.78

50. UNICEF indicated that under the Family Law of 2004, the legal age for marriage without parental consent was raised from 16 to 18 years, and the minimum age for marriage with parental consent was also raised from 14 to 16 years. Nevertheless, recent data revealed that 17 per cent of girls between the ages of 20 and 24 were married before the age of 15, and 52 per cent were married before the age of 18 (MICS 2008).80 UNCT made similar observations.81

61. In 2009, CRC remained concerned about the extreme poverty of a large proportion of families and children and at the still limited proportion of children who benefit from special programmes. It urged Mozambique, inter alia, to develop programmes for major improvement of the social security system, housing schemes in rural and peri-urban areas, home sanitation facilities and access to clean drinking water.96

64. CRC was concerned that Mozambique has one of the highest infant mortality rates in the world.101 It was also deeply concerned at the growing proportion of child deaths as a result of HIV-related illnesses, and the prevalence rate among women. While noting that the number of children receiving antiretroviral treatment has increased significantly, CRC was concerned that only 18 per cent of eligible children receive proper treatment.102 In 2007, CEDAW103 and UNCT104 expressed similar concerns, in particular regarding the situation of women. According to UNCT, prevalence rates among girls in the 14-29 years age group are four times higher than for boys.105

65. UNCT highlighted that, while treatment for HIV/AIDS is provided free, coverage is far from comprehensive. Adolescent girls in urban areas and in the south of the country are the most at risk. Of the estimated 1.8 million orphans in Mozambique, 510,000 have been orphaned due to AIDS. The number of orphans is expected to rise with AIDS-related illnesses increasingly becoming the primary cause of orphanhood.106 UNICEF provided similar information and indicated that in 2008, only 68 per cent of children were living with both parents.10

68. In 2009, CRC was concerned, inter alia, that significant disparities in accessing education persist between provinces, school enrolment at secondary level remains at an extremely low level, the rapid increase in enrolment has not been matched by increases in investment in the quality of education, the teacher-student ratio has not decreased to an acceptable level, and gender disparity remains high in the higher levels of education110.

69. UNCT further noted that while enrolment at primary schools reached parity, completion rates still show disparity. Only 65.1 per cent of girls finish school, against 80 per cent of male students. Disparity is also significant in terms of illiteracy, especially among the adult and older population, affecting 65 per cent of women, in general, and double the male population rate.111

70. UNCT indicated that school fees for secondary level education are still in place. Despite great increases, 20 per cent of children in the 6 to 12 age group do not attend primary school, and only 15 per cent complete their primary education. The lack of appropriate teaching facilities, the low number of classrooms, inadequate sanitary installations, difficult access, particularly in rural areas, creates a situation which aggravated by poverty, sexual abuse of students, early marriage and general cultural aspects, have a significant negative impact on children's ability to enjoy their right to education. Adult illiteracy continues to be alarmingly high at 53 per cent.112

71. In 2007, CEDAW was concerned about girls' low levels of participation at the secondary and tertiary levels, as well as the high failure and drop-out rates among women. It also expressed concern at conditions that impede girls' access to education at all levels, including poverty, a dispersed network of schools, domestic responsibilities of girls, early marriage and early pregnancy.

Stakeholder Information

5. ECPAT submitted that despite Mozambique's achievements in the protection of the rights of the child, which include the ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OP-CRC-SC), the normative framework for the protection of children from sexual exploitation has not been fully aligned with relevant international legal standards.7 It stated that pursuant to Article 18 of the Constitution, international instruments that are ratified by Mozambique, such as the Convention on the Rights of the Child, are not directly applicable and did not supersede domestic legislation. This matter raised concern in cases where provisions of ratified international instruments conflict with provisions of national law.

6. ECPAT further stated that although the enactment of the Child Rights Protection Law is a major achievement in relation to the standardization of the protection of children's rights in Mozambique, none of the provisions relating to the criminalization of child trafficking, child prostitution, child pornography and child-sex tourism are in line with relevant international legal standards. In addition to legislative gaps8, ECPAT recommended that Mozambique review and amend existing legislation to define and criminalize child prostitution, child trafficking and child pornography in line with OP-CRC-SC; and adopt extrajudicial legislation to punish Mozambican residents who commit acts in relation to commercial sexual exploitation in foreign countries.9

9. ECPAT submitted that the National Council on Child Rights has the mandate to implement the National Action Plan for Children (2006-2011) and a Plan of Action for Orphaned and Vulnerable Children (2005-2010). However, their implementation was undermined by the limited resources allocated for this purpose.14 ECPAT recommended that Mozambique ensure that the National Council on Children's rights is provided with sufficient financial resources to realize this mandate.15

10. ECPAT considered that the National Action Plan for Children (2006-2011) and the Plan of Action for Orphaned and Vulnerable Children (2005-2010) does not provide a comprehensive policy framework aimed at protecting children against all forms of commercial sexual exploitation of children.16 It recommended that a specific national plan of action to address child trafficking and other forms of child sexual exploitation be developed.17

12. JS2 noted that the Constitution guarantees the promotion of women's rights that Mozambique ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and adopted legislation to mitigate discrimination based on gender, namely the Family Law approved in 2004, and the Law against Domestic Violence, approved in 2009. It underlined, however, that the provisions of these instruments are not always respected in practice noting that domestic violence, polygamy, early marriages for girls and low income for women have wide social legitimacy. JS2 reported that perpetrators of domestic violence go unpunished. It stressed that in the area of education, there are fewergirls in school than boys, especially in rural areas, and the curriculum continues to be based on the traditional treatment of women instilled by a system of patriarchy. JS2 also reported on the existence of sexual harassment in schools with teachers often the perpetrators. JS2 recommended that Mozambique: implement the recommendations made in June 2007 by CEDAW; increase the care of women who are victims of domestic violence and improve the statistical system of documentation of cases of violence; review the legislation pertaining to education in relation to sexual harassment and sexual abuse in schools and expand the services of sexual reproductive health to adolescents and youths; and ensure that girls have equal access to education and retain pregnant girls in school during and after pregnancy.20

19. IIMA welcomed the internal regulation by the Ministry of Justice which prohibited corporal punishment, but noted that children continued to be victims of corporal punishment in schools. It stated that children were subjected to corporal punishment at home.31 IIMA recommended that Mozambique prohibit all forms of corporal punishment, in all settings and by all persons with authority over children.32

20. GIEACPC indicated that corporal punishment of children is lawful in the home. Provisions against violence and abuse in the Law for the Protection of Children and Adolescents (2007), the Penal Code, the Family Law (2004) and the Constitution (2004) are not interpreted as prohibiting all corporal punishment in childrearing.33 GIEACPC further noted that while Government directives advise against the use of corporal punishment in schools, there is no explicit prohibition in the law. The Law for the Protection of Children and Adolescents puts a duty on school management to report mistreatment of learners but does not explicitly prohibit corporal punishment in schools.34 GIEACPC also indicated that corporal punishment is lawful in alternative care settings.35 GIEACPC highlighted the importance of prohibiting all corporal punishment of children in all settings, including the home, and recommended that the Government enact and implement legislation to ensure complete prohibition.36

21. IIMA noted that the Committee on the Rights of the Child mentioned the persistence in rural areas of traditional practices, such as initiation rites, early marriages, harmful sexual behaviours, and the perseverance of the practice of sending children to work in order to settle family debts.37 IIMA remained concerned about these practices38 and recommended that Mozambique develop sensitization programmes and organize awareness-raising campaigns involving families, community leaders and society at large, including children themselves, to curb harmful traditional practices and other forms of violence against children.39 JS2 recommended that Mozambique implement the recommendations made by the Committee on the Rights of the Child on this issue.40

23. ECPAT stated that although Mozambique established special gender-sensitive units within the police, there remained a lack of specific procedures to adequately identify child victims of trafficking as well as institutions and services to provide specific assistance to children who are victims of commercial sexual exploitation.42 It recommended that Mozambique develop specific procedures to adequately identify child victims of commercial sexual exploitation; strengthen the capacities of law enforcers to effectively enforce the law to protect children; and provide for adequate care, recovery and reintegration for child victims and establish institutions in this regard.43

24. JS2 recommended that Mozambique adopt necessary measures to overcome violations reported by UN mandate holders relating to trafficking of women and children for the purposes of sexual exploitation and forced labour.44 JS2 stated that in April 2008, Mozambique adopted, inter alia, Law No. 6/2008 in relation to human trafficking of women and children.45 It recommended measures to remove any constraints and to regulate the implementation of this legislation.46

41. IIMA noted with satisfaction the adoption of the National Plan of Action for Children (2006-2011) particularly as Article 92 of the Constitution recognises education as a right and a duty.77 IIMA expressed appreciation at the objective adopted by Mozambique to achieve universal seven-year primary education by 2015, and welcomed the adoption of the Strategic Plan for Education and Culture, as well as the programmes adopted to increase enrolment in schools.78

42. IIMA stated that it remained concerned at the high drop out and repetition rates in primary schools, with only 15 percent of children completing primary school education within the expected duration, and nearly half of the children leaving school before completing grade 5.79 According to IIMA, there was a shortage of educational infrastructure, a low quality of education and an inadequate number of qualified teachers.80 IIMA stated that there were about 100 public secondary schools nationwide, of which only 23 offered classes through to grade 12. Most of these schools were located in provincial capitals or major provincial districts.81 Often, schools lacked water supplies and private and decent sanitation facilities, were also overcrowded, and there was insufficient quantity of schoolbooks and teaching materials.82

43. IIMA recommended, inter alia, that Mozambique: build new schools and modernize the existing infrastructures; ensure increased budget allocations to provide schools with appropriate and necessary teaching materials; develop a strategy focused on providing schools with an adequate number of teachers in order to ensure quality education in classes with an acceptable pupil-teacher ratio, and improve in-service teacher training; and implement the new curriculum, and provide better management of schools.83

44.JS2 also referred to problems in the education system similar to those identified by IIMA and recommended that Mozambique: grant benefits and incentives to encourage and retain teachers and other educational professionals; adopt measures to reduce the illiteracy rate; and introduce human rights education in primary and secondary schools so as to build and develop a culture of human rights in the country.84

45. IIMA was deeply concerned at the persistent disparities between children living in rural and urban areas in the enjoyment of their rights to education85 and recommended that Mozambique ensure equal access to education and literacy, for urban and rural children.86

46. IIMA stated that there was discrimination between pupils who came from the poorest and most disadvantaged families.87 It also stated that even though school fees in primary schools had been abolished, families continued to face indirect costs, which resulted in children in poor families dropping out of school.88 In the case of secondary education, IIMA observed that families tend to sacrifice the education of girls to allow boys to attend school. IIMA recommended that Mozambique provide subsidies for the poorest and most disadvantaged families in order to allow their children to attend school.89

47. IIMA also indicated that though the minimum working age is 18-years-old and children younger than 15 are not permitted to work, children who are not in school are frequently employed in the agricultural and increasingly in construction jobs and in the informal labour sector. Children younger than 15 years of age often work alongside their parents or independently during seasonal harvests at commercial plantations.90

48. JS2 stated that there were only two schools for teaching children with disabilities, which were located in the cities of Maputo and Beira.91

Accepted and Rejected Recommendations

The following recommendations were accepted:

A - 88.14. Continue its cooperation with treaty bodies and submit its initial report on the implementation of ICCPR as well as the report on the application of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OP-CRC-SC) (Congo);

A - 88.15. Intensify efforts to implement the recommendations of the Committee on the Rights of the Child on the persistence in rural areas of traditional practices harmful to children (Portugal)

A - 88.33. Seek technical assistance from the United Nations Children's Fund (UNICEF), the International Labour Organization and other relevant organizations in order to combat the spread of diseases, such as HIV/AIDS and malaria, and to allocate more financial resources to decrease the high rates of maternal and infant mortality (Azerbaijan)

A - 89.25. Ensure that violence against women and girls constitutes a criminal offence, as well as to ensure the prosecution, punishment and rehabilitation of perpetrators, and the protection and access to immediate means of redress for victims of violence (Slovenia)

A - 89.28. Take effective steps to implement the new legislation enacted in 2009 regarding the family (Lei da Familia), domestic violence (Lei Contra Violência Doméstica) and trafficking (Lei contra Tráfico de Pessoas) to address the issue of sexual abuse, exploitation and trafficking of children in order to hold perpetrators accountable and provide means of redress and protection for victims (Austria)

A - 89.29. Strengthen the application of the legislation in combating discrimination and violence, above all sexual violence, against women and girls (France)

A - 89.37. Undertake the necessary measures to advance in the eradication of child labour, by applying the 2008 law to protect children, which prohibits child labour (Uruguay)

A - 89.65. Establish juvenile courts throughout the country to enable the incarceration of children and adolescents separately from adults (Canada);

A - 89.66. Undertake measures to ensure that all children are registered immediately after birth, as a crucial step for children to benefit formally from the social protection system (Uruguay)

A - 89.76. Disseminate and implement the plan to achieve MDGs 4 and 5, approved by the Ministry of Health, on the basis of the right to health for mother and child (Switzerland)

A - 89.78. Taking into account the high level of infant mortality, disseminate and implement promptly the Plan to Achieve the Millennium Development Goals 4 and 5, using a rights-based approach to maternal and child health (Uruguay)

A - 89.80. Continue its efforts to achieve full compliance with the rights of the child despite widespread poverty (Sudan)

A - 89.81. Give greater attention to the programmes for the reduction of infant mortality due to Aids and the national prevalence of HIV amongst women, as well as fighting the epidemics of cholera and tuberculosis (Algeria)

A - 89.85. Intensify programmes to improve the social security system, the housing projects, home sanitation facilities and access to drinking water, as recommended by the Committee on the Rights of the Child (Chile)

A - 89.88. Take measures to combat the underlying causes which impede girls from completing their education (Finland)

A - 89.89. Develop programmes and campaigns aiming at combating discrimination against girls in schools (Brazil)

A - 89.90. Put into operation the national law aimed against sexual harassment of women and girls especially at learning institutions (Zambia)

A - 89.91. Take effective steps to counter harassment and abuse of girls in the educational system and ensure that perpetrators are effectively punished (Austria);

A - 89.92. Guarantee that all those responsible for acts of violence, harassment and sexual abuse of girls, in particular in the educational system, are effectively punished and that the girls receive support, including denouncing these situations, and reparation and protection measures (Uruguay)

The following recommendations are pending or no clear decision was taken:

P - 90.21. Amend existing law by incorporating sexual offences against children, including forced sexual relations and sexual exploitation (Slovenia)

The following recommendations were rejected:

R - 91.2. Ensure that all former girl soldiers as well as any girls and young women who were exploited in the armed forces as slaves for labour or sexual exploitation are included in programmes for reintegration of former soldiers (Slovenia);

R - 91.3. Place greater emphasis on assisting former girl soldiers to reintegrate into society (Ghana)

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Countries

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