Texts of pending comments

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on workers’ compensation, the Committee considers it appropriate to examine Conventions Nos 12 (agriculture), 17 (industrial accidents), 18 (occupational diseases), and 19 (equality of treatment) together.

The Committee notes the observations of the National Union of Angolan Workers (UNTA) on the application of Convention No. 18, received on 30 August 2019.

Article 1 of Conventions Nos 12, 17, and 18. Operationalization of the employment injury compensation scheme. In its previous comments, the Committee noted that a number of elements foreseen in the Decree No. 53/05 of 15 August 2005 issuing legal provisions concerning industrial accidents and occupational diseases (Decree No. 53/05) had not materialized yet due to the fact that the necessary implementing regulations had not yet been adopted. In particular, the Committee noted that the National Commission for the Assessment of Occupational Disability (CNAIL) had not yet been established and that the indispensable tables for the medical and mathematical assessment of incapacity had not been updated. In addition, the Committee requested the Government to provide information on the establishment of the Employment Accident and Occupational Disease Pension Adjustment Fund (FUNDAP) responsible for updating the amounts of compensations pursuant to section 42 of Decree No. 53/05. The Committee thus requested the Government to adopt the necessary pieces of legislation so as to operationalize the employment injury compensation scheme, with a view to give effect to Article 1 of Conventions Nos 12, 17 and 18. In the absence of information in the Government’s report on the measures taken to this effect, the Committee requests the Government to indicate whether (i) the CNAIL has been established, (ii) the tables for the medical and mathematical assessment of incapacity for work have been updated, (iii) the FUNDAP has been established, and to provide information on any measure taken in this regard. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Articles 2 and 3 of Convention No. 17. Public servants and employees of the public administration. In its previous comments, the Committee requested the Government to indicate whether any specific legislation had been adopted in respect of public servants and employees of the public administration. The Committee notes the absence of information in the Government’s report on this point. The Committee observes that, although public servants and employees of the public administration are excluded from the scope of coverage of Decree No. 53/05 pursuant to its section 2(a), section 57 of the Decree provides for their coverage, with certain adaptations, as long as there is no other scheme in place ensuring their protection. The Committee further observes from the information contained in the database of the International Social Security Association (ISSA), “Social Security Programs Throughout the World, 2019” concerning employment injury benefits that a separate system for public-sector employees has not yet been implemented.

The Committee requests the Government to provide information on the provisions governing the coverage of public servants and employees of the public administration for employment injury compensation and to indicate, in particular, whether they continue to be covered by Decree No. 53/05 and whether by virtue of its section 57, any adaptations of the provisions of the Decree have been made with respect to public servants and employees of the public administration. The Committee further requests the Government to provide information on any measures taken or envisaged to establish a separate scheme or specific legislative provisions for the compensation of public servants and employees of the public administration in case of employment injury.

Article 7 of Convention No. 17. Additional compensation for constant help of another person. The Committee previously requested the Government to provide information on the manner in which national law guarantees that beneficiaries of employment injury benefits were provided with additional financial assistance when their condition required the assistance of a third person. In its reply, the Government indicates that as per section 32 of Decree No. 53/05, in case of total and permanent incapacity for work, an allowance for each dependent family member is paid in addition to the monthly pension equal to 80 per cent of the respective reference salary. While taking note of this information, the Committee recalls that Article 7 of the Convention requires the payment of additional compensation in all cases where the injury results in incapacity of such a nature that the injured workers must have the constant help of another person. The Committee therefore requests the Government to ensure that all injured workers, including those with partial permanent or temporary incapacity, are provided with additional compensation when the constant help of another person is required and to provide information on the measures taken to this effect.

Article 8 of Convention No. 17. Supervision and revision of periodical payments. In its previous comments, the Committee requested the Government to indicate the measures taken to allow for the supervision and revision of periodical payments in view of the degree of disability of victims of work-related injury. The Committee takes note of the indication by the Government that, according to section 41(2) and (3) of Decree No. 53/05, pensions may be reviewed as a matter of regular procedure or at the request of the beneficiary and that such reviews may be requested at any time, except during the first year, where they may be requested only once and after the first six months.

Application of Conventions Nos 17 and 18 in practice. Strengthening of enforcement and compliance measures. Further to its previous request, the Committee notes that according to the statistical data provided by the Government, in 2019, 4 072 people were declared eligible for occupational injury benefits. The Government further indicates that the General Labour Inspectorate (IGT) is responsible for receiving and analysing industrial accident and occupational disease notifications pursuant to section 6(4)(e) of the Presidential Decree No. 79/15 of 13 April 2015. The Committee notes, however, the allegations of the UNTA, pointing to an increase in fatal employment accidents, in particular in the construction and health sectors, due to the lack of work equipment and safety measures. The UNTA further indicates that many workers who are victims of occupational accidents do not benefit from due protection as a result of the shortage of personnel in the labour inspectorate and high level of corruption.

In this connection, the Committee observes that a cooperation agreement between the IGT and the Insurance Regulation and Supervision Agency (ARSEG) was concluded on 5 August 2020. One of the objectives of the agreement is to implement Decree No. 53/05 by increasing the number of labour inspections to ensure coverage by employment injury insurance and by training of labour inspectors (section 1). The Committee welcomes the conclusion of this agreement and hopes that it will lead to greater protection for workers in case of employment injury and ensure the due provision of compensation, in application of the Convention.

The Committee requests the Government to provide information on (i) the means taken by the national authorities to increase the number of labour inspections and to strengthen the capacity of the labour inspectorate in implementation of the agreement and (ii) any other measure taken or envisaged to enhance employers’ compliance with their legal obligations, in particular their obligation to affiliate with the ARSEG and to pay insurance premiums.

The Committee also requests the Government to provide statistical data on the number and nature of the employment accidents reported and the number of workers compensated, and on the number of workers registered with ARSEG, out of the total number of workers employed by enterprises, undertakings and establishments.

Article 2 and the Schedule to Convention No. 18. List of occupational diseases. In its previous comments, the Committee requested the Government to provide information on the procedure for recognition of occupational diseases from the time of the medical diagnosis and to indicate the manner in which the burden of proof applies to the recognition of occupational diseases. The Committee further requested the Government to indicate whether the pathologies listed in Appendix 1 to Decree No. 53/05 are presumed to be of occupational origin whenever the person concerned had worked in the industries and processes listed in the Schedule appended to the Convention.

The Committee notes the indication by the Government that the degree of incapacity is determined by the CNAIL, the composition and working methods of which are set out in section 21 of Executive Decree No. 53/05. The Government further indicates that based on the CNAIL’s evaluation of the degree of incapacity for work, labour courts determine the employment injury compensation as per section 20 of Decree No. 53/05. The Committee reiterates its request to the Government to indicate whether the pathologies listed in Appendix 1 to Decree No. 53/05 are presumed to be of occupational origin whenever the person concerned has worked in the industries and processes listed in the Schedule appended to the Convention.

Article 1 and application of Convention No. 19 in practice. Noting an absence of information from the Government, the Committee reiterates its request to indicate whether there are any special schemes or international agreements within the meaning of section 1(3) of Decree No. 53/05 under which the principle of equal treatment between national and foreign workers may be waived. In addition, the Committee once again requests the Government to provide statistics concerning the number and countries of origin of foreign workers employed in Angola and the amounts of employment injury benefits made to foreign workers or their dependants in case of their residence abroad.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Conventions Nos 17 and 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures taken to prevent and combat trafficking in persons for sexual and labour exploitation, as well as on the effective application of the provisions criminalizing trafficking in persons (sections 19 and 20 of Act No. 3/14 of 10 February 2014 on crimes related to money laundering).

The Committee notes with interest that, in its report, the Government refers to: (i) the establishment of the multisectoral committee against trafficking in persons, responsible for the protection, assistance, recovery, rehabilitation and reintegration of victims of trafficking; (ii) the adoption in February 2020 of the national action plan to combat trafficking in persons; and (iii) the introduction in the new Criminal Code of provisions specifically criminalizing trafficking for the purpose of labour exploitation or any other form of exploitation (section 178) and trafficking for the purpose of prostitution abroad (section 190). The Committee notes that the national action plan is based on four strategic pillars: prevention, victim protection and assistance, investigation and prosecution of perpetrators, and partnerships. The Government indicates that the plan will be implemented over a five-year period through actions at the national, provincial and local levels in cooperation with civil society. With respect to victim protection, the Government indicates that the national referral mechanism for victim assistance and the standardized assistance protocol for action by the various actors confronted with a potential victim of trafficking are being finalized. Lastly, the Government states that the multisectoral committee manages a database of 115 trafficking cases since 2014, 27 of which have resulted in a conviction (labour exploitation).

The Committee encourages the Government to continue to take the necessary measures to implement the four pillars of the national action plan to combat trafficking in persons. The Committee requests it to provide detailed information on the measures taken in this regard at the national and regional levels by the multisectoral committee against trafficking in persons and other responsible bodies, including with regard to prevention and assistance for victims. It also requests the Government to indicate whether a national referral mechanism for victim assistance has been adopted and to specify the number of victims who have benefited from it. Lastly, the Committee requests the Government to provide information on investigations led, judicial proceedings initiated and sanctions imposed in cases of trafficking in persons.

Article 2(2)(c). Civic service. The Committee previously noted that under section 10 of the General Military Service Act (Act No. 1/93 of 26 March 1993) and section 7 of the Act on national defence and the armed forces (Act No. 2/93 of 26 March 1993), conscientious objectors may perform their compulsory military service in the form of civic service, which must be subject to regulations. It requested the Government to specify whether general civic service had been instituted.

The Government indicates that the implementing regulations for the Acts on military service and national defence have not yet been adopted and that, as part of the process of restructuring and resizing the Ministry of national defence, ex-combatants and the Angolan armed forces, the regulations pertaining to this legislation are in an advanced stage of revision. The Committee notes this information and requests this Government to provide a copy of the texts, once adopted, governing the functioning of the civic service.

Article 2(2)(d). Powers of requisition. In its previous comments, while noting the Government’s indication that these texts had been tacitly repealed, the Committee requested the Government to formally abrogate Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1983, which set out powers to requisition workers that go beyond those authorized under Article 2(2)(d) of the Convention. These texts empower, respectively, an emergency industrial committee to requisition technicians from public or private enterprises for the period deemed necessary to resolve problems, and to call up, in the form of requisitioning, workers whose occupation corresponds to the training needs of special youth brigades, through their assignment to such brigades for a period of 90 days. In its report, the Government reiterates that although the texts cited by the Committee have not been expressly abrogated, they date back to a past political regime and were tacitly repealed with the entry into force of the Constitution in 1991 and the general labour laws of 2000 and 2017 which define forced labour.

The Committee takes due note of this information. It also notes the adoption on 17 August 2020 of Act No. 33/20 on civil requisitioning. Under section 1(2), civil requisition is a mechanism used exceptionally, which allows the State to resort to a set of determined and necessary measures to ensure, in particularly serious circumstances, the regular functioning of services or the availability of goods essential to the public interest or to vital sectors of the national economy. Requisition can concern all persons over the age of 18. Refusal to perform the duties requested constitutes a crime of disobedience and is subject to the corresponding disciplinary procedure. When the refusal comes from a worker or civil servant on strike, the crime of disobedience is subject to criminal proceedings. The Committee notes that section 13 of the Act lists the areas in which services and enterprises may be requisitioned. In this regard, the Committee refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it notes that this list is broad and encompasses activities which are not solely essential services in the strict sense of the term.

The Committee recalls that under Article 2(2)(d) of the Convention, powers of requisition, and consequently exaction of labour, must be limited to any circumstance that would endanger the existence or the well-being of the whole or part of the population. It requests the Government to indicate existing measures to ensure that the powers of requisition of persons, conferred under Act No. 33/20 on civil requisitioning, remain within the limits of the exception to forced labour provided for in Article 2(2)(d), namely circumstances endangering the existence or the well-being of the whole or part of the population. The Committee requests the Government to provide examples of the use of the Act on civil requisitioning in practice.

Article 25. Application of effective criminal penalties. The Committee drew the Government’s attention to the inadequate and non-deterrent nature of the penalties provided for in labour legislation for the exaction of forced labour (section 8 of Presidential Decree No. 154/16 which establishes fines for contravening the provisions of the General Labour Act). It requested the Government to indicate the criminal provisions which could be used to penalize the exaction of forced labour. The Government indicates that the new Criminal Code (Act No. 38/20 of 11 November 2020), in addition to criminalizing trafficking in persons (see above), criminalizes slavery (section 177), forced prostitution (section 189), and coercion and aggravated coercion, defined as forcing a person to perform an action or omission or activity using violence or threats (sections 171 and 172). The Committee takes due note of all the measures available to the investigative, prosecution and judicial authorities to identify the different practices that fall under forced labour. It requests the Government to provide information on the cases that have been investigated, the judicial proceedings initiated, the court decisions issued and the criminal sanctions imposed on the grounds of the above provisions of the Criminal Code. It also requests the Government to indicate whether awareness-raising and training activities have been organized for the law enforcement authorities, following the adoption of the new Criminal Code.

The Committee previously noted the observations of the National Union of Angola Workers (UNTA), which were received on 30 August 2019. The Committee requests the Government to provide its comments thereon.

Articles 1and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that the General Labour Act (Act No. 7/015) of 21 April 2015 addressed some of the matters previously raised by the Committee, in particular the lifting of restrictions regarding the application of the principle of the Convention to men and women working for the same employer, under the same conditions or having the same qualifications, but regretted that the opportunity of the revision of the Act was not seized to bring the legislation fully into conformity with the Convention, in particular as regards its scope of application and the definition of remuneration. The Committee notes with regret the lack of information provided by the Government, in its report, on any progress made in that respect. The Committee again urges the Government to take the necessary steps to ensure that: (i) the principle of the Convention is applied to the categories of workers falling outside the scope of application of the General Labour Act, such as civil servants and casual workers; and (ii) the definition of remuneration set out in section 155 of the General Labour Act, which excludes several components of remuneration (such as travel and accommodation allowances, family allowances and other social security benefits), is brought fully into line with the Convention. It asks the Government to provide information on any progress made in that regard, as well as on any proactive measures taken to raise awareness of the meaning and scope of application of the principle of equal remuneration for work of equal value among workers, employers and their representative organizations, as well as among law enforcement officials.

Articles 2 and 3. Occupational gender segregation. Referring to its previous comments regarding the concentration of the labour force, notably women, in the informal economy, with low salaries and lack of social protection coverage, the Committee notes the Government’s statement that several policies and measures have been developed to enhance women’s participation in professional training courses, including through the adoption of the Action Plan for the Promotion of Employability (PAPE) in 2019. It observes, however, that the Government does not provide any information on the impact of such policies on women in practice. The Committee notes the adoption of (1) the National Development Plan 2018-2022 and the National Human Rights Strategy and Action Plan, by Presidential Decree No. 100/20 of 14 April 2020, which set out specific measures in order to promote gender equality and women’s empowerment, in particular in rural areas; and (2) the Decent Work Country Programme for 2019-2022, which integrates gender and non-discrimination as a cross-cutting issue and sets as a specific priority the transition of workers from the informal economy to the formal economy. It further notes, from the Government’s follow-up report to the concluding observations made by the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), that the action plan for the implementation of the National Policy on Gender Equality and Equity, adopted in 2013, has been prepared and is currently being analysed for approval (CEDAW/C/AGO/FCO/7, 16 April 2021, paragraph 16). The Committee welcomes this information. However it notes that the National Union of Angola Workers (UNTA) indicates in its observations that, for cultural reasons, women still have a lower academic level than men and therefore represent the majority of workers in the informal economy, with underpaid, insecure and vulnerable jobs. The UNTA adds that, in the formal economy, women are mostly represented in the agriculture sector, where wages are insufficient to meet basic needs, and in the public sector where they represent a minority in technical careers and management positions and with lower salary than their male colleagues. In that regard, the Committee notes that, in 2019, in the context of the Universal Periodic Review (UPR), the Government indicated that in the civil service women represented 42 per cent of officials but held only 35.5 per cent of senior positions, while no data was available for the private sector. The activity rate was 45.4 per cent for women (compared to 61.1 per cent for men), the majority of whom were in the informal economy, as a result of the low level of literacy (estimated at 54 per cent for women compared to 83 per cent for men) and of formal technical education (A/HRC/WG.6/34/AGO/1, 23 August 2019, paragraphs 52 and 151). According to the 2020 Human Development Report from the United Nations Development Programme (UNDP), only 23.1 per cent of adult women have reached at least a secondary level of education, compared to 38.1 per cent for men, and the income inequality Gini coefficient (that is the measure of the deviation of the distribution of income among individuals or households within a country from a perfectly equal distribution; with a value of 0 representing absolute equality and a value of 100 representing absolute inequality) was estimated at 0.536. It further notes that, in their 2019 concluding observations, several UN treaty bodies remained concerned about: (1) the disproportionately high levels of illiteracy among women, in particular in rural areas; (2) the underrepresentation of girls and women in traditionally male-dominated areas of education, including technical and vocational education; and (3) the continuing horizontal and vertical occupational segregation and the concentration of women in the informal labour market and in low-paying jobs (CEDAW/C/AGO/CO/7, 14 March 2019, paragraphs 35 and 37, and CCPR/C/AGO/CO/2, 8 May 2019, paragraph 15). Taking into consideration the persistent vertical and horizontal occupational gender segregation, the Committee hopes that the Government will strengthen its efforts to implement proactive measures to promote and enforce the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the content and impact of the specific measures taken, including in the framework of the National Development Plan 2018-2022, the National Human Rights Strategy and the Decent Work Country Programme for 2019-2022, to combat gender segregation in the labour market and promote women’s access to a wider range of jobs with career prospects and higher pay, in particular by facilitating their access to education and vocational training and their transition to the formal economy. The Committee further asks the Government to provide information on the adoption and implementation of the draft action plan for the implementation of the National Policy on Gender Equality and Equity.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication regarding the increase of the minimum wage by 57 per cent in the public sector and by 30 per cent in the private sector (Presidential Decrees No. 13/19 and 14/19 of 9 January 2019). It further notes that, as a result of Presidential Decree No. 89/19 of 21 March 2019, the rate of the single guaranteed national minimum wage was increased (21’454.10 kwanzas (Kz)), together with the minimum wage rates corresponding to the three main economic sectors, namely trade and extractive industry (Kz32’181.15); transport, services and manufacturing (Kz 26’817.63); as well as agriculture (Kz21’454.10). The Committee welcomes this information but observes the persistent significant differences between sectors as regards the level of the minimum wage. It notes that, in its observations, the UNTA considers that the level of the single guaranteed national minimum wage is insufficient to meet the basic needs, and wage inequality is further supported by the determination of different minimum wage rates for the main economic sectors. The UNTA also expresses concern at the possibility for enterprises to set salary below the minimum wage rates when they are not in a position to pay the minimum wage rates established by the national legislation. The Committee notes that section 3 of Presidential Decree No. 89/19 explicitly allows companies in the agriculture and manufacturing sectors to set wages below the national minimum wages, after authorization of the head of the Ministerial Department responsible for labour issues. In that regard, it wishes to stress that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see General Survey on fundamental Conventions, 2012, paragraph 683). In light of the persistent gender segregation of the labour market, the Committee again asks the Government to provide information on the specific measures taken to ensure that the determination of the minimum wage rates are free from gender bias, and that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. It asks the Government to provide information on the number of companies that have been authorized to set wages below the statutory minimum wages, pursuant to section 3 of Presidential Decree No. 89/19.

Article 3. Objective job evaluation. The Committee recalls that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see 2012 General Survey, paragraph 695). The Committee asks the Government to provide information on any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of the Convention.

Enforcement. The Committee notes the Government’s statement that the Convention is enforced through the General Labour Inspectorate (IGT) but that no case of pay inequality has been identified. It notes that, in 2019, in the context of the UPR, the Government indicated that, in order to improve access to justice, as of 2015, several measures were introduced such as the decentralization of the courts and the establishment of alternative conflict resolution mechanisms, including the National Directorate for Extrajudicial Dispute Settlement, which is staffed by lawyers who provide legal advice and uphold the principle of non-discrimination, in particular on the grounds of sex, ensuring that citizens are aware of and can exercise and defend their rights and legitimate interests (A/HRC/WG.6/34/AGO/1, 23 August 2019, paragraphs 82 to 86). The Committee notes, however, that in their 2019 concluding observations several UN treaty bodies remained concerned about: (1) the limited availability of courts and out-of-court dispute settlement centres, in particular in rural areas; (2) the lack of independence of the judiciary and the insufficient number of trained judges, prosecutors and lawyers, which may prevent many citizens from accessing justice; and (3) the lack of capacity-building programmes for actors involved in traditional conflict resolution mechanisms and the limited oversight over their functions, which heightens the risk of such institutions perpetuating discriminatory gender stereotypes (CEDAW/C/AGO/CO/7, paragraph 14, and CCPR/C/AGO/CO/2, paragraph 37). Welcoming the steps taken by the Government to improve access to justice, the Committee asks the Government to pursue its efforts and to provide information on the content and impact of the activities undertaken to raise awareness about the remedies and procedures available, in particular in the framework of the National Directorate for Extrajudicial Dispute Settlement. It further asks the Government to provide information on any cases of pay inequality between men and women dealt with by the labour inspectors, the courts, alternative conflict resolution mechanisms or any other competent authority, the sanctions imposed and remedies granted.

Statistical information. Referring to its previous comments, the Committee notes the statistical information provided by the Government regarding the high, medium and low remuneration levels observed in six economic sectors. It however observes that no information is provided on the period covered by the statistical information nor on the distribution of men and women in these economic sectors and remuneration levels, which therefore does not allow the Committee to assess the application of the Convention in practice. The Committee notes further that, in its 2019 concluding observations, the CEDAW remained concerned about the limited availability, dissemination and analysis of gender statistics, in particular regarding gender stereotypes, education, employment, and economic empowerment (CEDAW/C/AGO/CO/7, paragraph 49). The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see General Survey, 2012, paragraph 891). Consequently, the Committee hopes that the Government will soon be in a position to provide relevant statistical information that would permit an assessment of the remuneration levels of men and women and pay differentials. It asks the Government to provide any available information on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, both in the public and private sectors.

Article 1(a) of the Convention. Imposition of penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that the draft Penal Code under discussion still provided for prison sentences for the offences of slander and defamation. It drew the Government’s attention to the fact that the Convention prohibits the imposition of forced labour, including compulsory prison labour, for the expression of political views or opposition to the established political, social or economic system. It emphasized that the imposition of prison sentences that involve compulsory labour, which is the case in Angola by virtue of sections 13 and 50(c) of the Regulations of the progressive regime of 9 July 1981, can have an impact on compliance with Article 1(a) of the Convention when they punish the expression of political views or opposition to the established system. The Committee requested the Government to take these considerations into account and to ensure the conformity of the provisions of the future Penal Code with the Convention, particularly with regard to the penalties applicable in the event of defamation.

In its report, the Government indicates that the national legal system does not contain any provision envisaging compulsory prison labour as a sanction or punishment for the expression of political views. The obligation to perform work in prison is an indirect result of conviction by the courts as it is only from the moment of conviction that the convict becomes a detainee and is accordingly subject to the requirement to work. Such work is intended to facilitate the reintegration of the detainee into society and applies to all detainees irrespective of the nature of the crime or offence. The Government considers that there is no lack of conformity between the Convention and the provisions establishing penalties for the offences of defamation and other offences arising out of violations of the limits on the exercise of freedom of expression, also considering that the prison labour performed by convicted persons must not be considered forced labour, in accordance with Article 2(2)(c) of the Forced Labour Convention, 1930 (No. 29).

The Committee notes the Government’s position. It recalls that, although Convention No. 29 and Convention No. 105 are complementary, the exceptions envisaged in Article 2(2) of Convention No. 29 do not automatically apply to Convention No. 105. With regard to the exemption of prison labour or other forms of compulsory labour exacted as a consequence of a conviction in a court of law, in the majority of cases, such compulsory labour will have no relevance to the application of Convention No. 105, such as in the case of the exaction of compulsory labour from common offenders. However, in the case of persons required to work in prison following a conviction to a prison sentence for participation in political activities or expressing certain views, breaches of labour discipline or participation in a strike, this situation is covered by Convention No. 105. The Committee stresses that the purpose of the Convention is to ensure that no form of compulsory labour, including compulsory prison labour exacted from convicted persons, is imposed in the circumstances specified in the Convention, which are closely interlinked with the exercise of civil liberties (see also 2012 General Survey on the fundamental Conventions, paragraph 300).

In this regard, the Committee notes with regret that the new Penal Code maintains penal sanctions in the form of prison sentences for the offences of defamation (section 313) and slander (section 312). It also notes that section 333 provides that any person who publicly and with the intention of causing offence and insults through the use of words, images, writings, drawings or sounds against the Republic, the President of the Republic or any other sovereign body shall be liable to a sentence of imprisonment of between 6 months and three years and a fine. The Committee recalls in this regard that persons convicted to sentences of imprisonment are required to work (sections 13 and 50(c) of the Regulations of the progressive regime of 9 July 1981 and 60 of the Prisons Act No. 8/08 of 29 August 2008).

The Committee requests the Government to take the necessary measures to review the above provisions of the Penal Code and to ensure that, in accordance with the Convention, no one is compelled to perform labour, particularly compulsory prison labour, as a result of a conviction for having expressed certain political views or views opposed to the established political, social or economic system. It once again requests the Government to provide information on any prosecutions or court decisions under the provisions of the Penal Code establishing the offences of slander, defamation and insults against the Republic or the President of the Republic (sections 312, 313 and 333), with an indication of the facts leading to the prosecutions and the penalties imposed.

Article 1(d). Imposition of prison sentences involving an obligation to work as a punishment for having participated in strikes. The Committee previously drew the Government’s attention to the need to amend the provisions of section 27(1) of the Act on Strikes (Act No. 23/91 of 15 June 1991), under which the organizers of a strike that is prohibited or illegal or has been suspended by law were liable to prison sentences or fines. Accordingly, the organizer of a prohibited, illegal or suspended strike who has been convicted to a sentence of imprisonment could be compelled to perform compulsory prison labour. The Committee notes with satisfaction that section 27 of Act No. 23/91 on Strikes has been repealed following the adoption of the new Penal Code (section 6(2)(g) of Act No. 38/20 of 11 November 2020).

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

Article 1(c). Imposition of compulsory labour as a means of labour discipline. For many years, the Committee has been requesting the Government to amend or repeal sections 132 and 137 of the Merchant Shipping Penal and Disciplinary Code which are contrary to the Convention as they permit the imposition of prison sentences (involving compulsory labour by virtue of sections 13 and 50(c) of the Regulations of the progressive regime of 9 July 1981) for certain breaches of labour discipline which do not endanger the safety of the vessel or the life or health of persons on board. The Committee noted previously that the Act on Merchant Shipping of 2012 (Act No. 27/12) does not regulate the conditions of work of seafarers (section 57), which are to be covered by specific legislation.

The Committee notes the Government’s indication that the Merchant Shipping Penal and Disciplinary Code dates from the colonial era and is no longer considered to be in force in the national legal system. The Government specifies that, under section 25 of the General Labour Act (Act No. 17/15), the contract of employment on board vessels is a special type of employment contract which therefore has to be regulated by specific legislation (section 25). As such specific regulations have not been adopted, the provisions of the General Labour Act are applicable. Under these conditions, the penalties applicable in cases of breaches of labour discipline for workers covered by contracts of employment on board vessels are the disciplinary measures set out in section 47 of the General Labour Act, namely: a verbal warning, a written warning, a reduction in pay and disciplinary termination. The Committee takes due note of this information and requests the Government to indicate whether specific regulations on employment contracts and conditions of work on board vessels have been adopted and, if so, to provide a copy.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that many children under the minimum age for admission to employment or work are employed in Angola, mainly on family farms and in the informal economy, where their work is not monitored. The Committee requested the Government to intensify its efforts to combat child labour and to develop a national policy for the effective elimination of child labour and to provide information on the measures taken in this regard.

The Committee notes that the Government has not provided any information in its report on this point. The Committee notes that according to the United Nations Sustainable Development Cooperation Framework, 2020-2022 document, 40 percent of children between the ages of 6 and 11 are not at school. The Committee also notes that the Committee on the Rights of the Child (CRC) in its concluding observations of 2018 expressed concern that child labour is highly prevalent in the country, especially in the rural areas (CRC/C/AGO/CO/5-7, paragraph 35). The Committee further notes from the Draft Report of the Human Rights Council Working Group on the Universal Periodic Review of November 2019 that a National Plan of Action for the Elimination of Child Labour was in the process of being adopted (A/HRC/WG.6/34/L.8, paragraph 87). The Committee requests the Government to provide information on the adoption of the National Plan of Action for the elimination of child labour, including the measures taken within its framework to eliminate child labour and the results achieved. It also requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from inspection reports, and information on the number and nature of infringements detected involving children and young persons and on the penalties applied.

Article 2(1). 1. Scope of application and labour inspection. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/2000) applies only to work performed on the basis of an employment relationship between an employer and a worker and does not cover children who work in the informal economy or on their own account while the majority of working children worked in the informal economy. It noted the Government’s information on the measures taken: (i) to raise awareness among enterprises, including in the informal economy, of the legislation prohibiting child labour; and (ii) to reduce the scope of the informal economy through formalization initiatives. It also noted the adoption of Decree No. 115/16 on domestic work which prohibits the employment of young persons under the age of 18 years in domestic work. The Committee encouraged the Government to continue its efforts to protect children from child labour, by ensuring observance of the minimum age for admission to employment or work, including in the informal economy.

The Committee notes that the Government report does not provide any information in this regard. It observes that the General Labour Law No.7 adopted in 2015 also applies only to workers who provide paid services for an employer under his organisation and supervision (section 1). The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or whether or not it is paid. The Committee accordingly requests the Government to take the necessary measures, including through adapting and strengthening the labour inspection services, to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. It requests the Government to provide information on the steps taken in this regard and the results achieved.

2. Minimum age for admission to employment or work. Family work and occasional work. The Committee previously noted that the General Labour Act No. 7/15 of 15 June 2015 excludes family work and casual work from its scope of application (section 2(c) and (d)). It had noted the Government’s information that regulations were being drawn up covering family work and occasional work with a view to guaranteeing protection to these categories of workers.

The Committee notes an absence of information in the Government’s report. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, including family work and occasional work. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the protection afforded by the Convention is applicable to children working in all sectors, including family work and occasional work. It requests the Government to provide information on any measures taken in this regard, including any progress made with regard to the development of regulations concerning family work and occasional work.

Article 2(3) and (4). Age of completion of compulsory schooling. The Committee had previously noted the adoption of the Basic Act on the Education System of 2016, which provides for compulsory schooling from six to nine years, or up to the age of 14 or 15 years. Noting an absence of information in the Government’s report, the Committee once again requests the Government to specify which provisions of the Basic Act on the Education System, 2016 provide that the duration of compulsory schooling shall now be nine years. It also requests the Government to provide a copy of the Basic Act on the Education System, 2016. Please also provide information concerning the enrolment and completion rates, and the school dropout rates, in primary and secondary education.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted the adoption of Joint Executive Decree No. 171/10, which contains a list of 57 types of hazardous activities that children under the age of 18 years are prohibited from undertaking. Noting an absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of Decree No. 171/10, including statistical data on the number and nature of infringements reported and penalties imposed.

Article 9(3). Registers to be kept by the employer. Following its previous comments, the Committee notes the Government’s information that Decree No.155 of 2004 requires enterprises to transmit to the Employment Observatory in the Ministry of Public Administration, Labour and Social Security an organizational chart and a list of the persons who work for them, known as the Inventory or Registry of Workers’ Names. While the Government states that a copy of the Decree is attached, no such decree have been attached with the report. The Committee requests the Government to indicate whether the Registry of Workers’ Names also contains the ages or date of birth of workers under the age of 18 years, as required by Article 9(3) of the Convention. It once again requests the Government to provide a copy of Decree No. 155 of 2004.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted from the Government’s report of 2016 to the United Nations Committee on the Rights of the Child (CRC), that the net enrolment rate in secondary education rose from 48.7 per cent in 2013 to 51.8 per cent in 2014, and that it was expected to rise to 54.8 per cent in 2015 and 57.5 per cent in 2016 (CRC/C/AGO/5-7, page 31). The Committee requested the Government to intensify its efforts to improve the functioning of the education system and to facilitate access to free, quality basic education, particularly for children from poor families, children living in rural areas, and girls.

The Committee notes that the Government’s report contain no information on this point. The Committee notes that according to the United Nations Sustainable Development Cooperation Framework, 2020–2022, Angola made substantial efforts which resulted in visible progress in primary education registration which increased from 5.8 million to 10 million between 2009 and 2018. However, this report indicates that 40 percent of the children between the ages of 6 and 11 are not at school; 18 per cent of the young population have never been to school; and 19 per cent do not have any level of education. Almost half the population in the age group between 12 and 17 are not satisfactorily in programmes of secondary or vocational education that correspond to their age (pages 25 and 27). Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to improve the functioning of the education system and to facilitate access to free, quality basic education, to all children, particularly at the secondary level. It once again requests the Government to provide information on the measures taken in this regard and the results achieved, particularly with regard to increasing school enrolment and completion rates and reducing drop-out rates in the primary and secondary education. To the extent possible, this information should be disaggregated by age and gender.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. In its previous comments, the Committee noted the Government’s information, in its report of 2016 to the CRC, regarding the existence of a programme for the family reunification and placement in institutions of child victims of sexual exploitation and trafficking. It also noted from this report that the National Development Programme (PND) 2013–17 implemented policies, programmes and actions to eliminate the sale and trafficking of children, as well as child prostitution, and that the National Children’s Institute (INAC) and the National Children’s Council (CNAC) were the agencies responsible for ensuring the implementation of the government policies at the national level in the areas of investigation relating to children and their social protection (CRC/C/OPSC/AGO/1, paragraphs 51, 54 and 56).

The Committee notes that the Government’s report does not contain any information as requested by the Committee regarding the measures taken by the INAC and CNAC in identifying and providing assistance to the child victims of trafficking and sexual exploitation. The Committee, however, notes from the concluding observations of the CRC on the application of the Optional Protocol on the sale of children, child prostitution and child pornography (OPSC) of 2018 that an Inter-ministerial Commission to Combat Trafficking in Persons and a child abduction alert system were developed in 2014 and 2017 respectively and a National Action Plan (NAP) to Combat Trafficking in Persons was adopted in 2018. However, the CRC expressed its concern at the prevalence of cases of trafficking in children from and into neighbouring countries, in particular undocumented migrant children from the Democratic Republic of the Congo, for commercial sexual exploitation (in particular of girls) and for forced labour in diamond-mining districts, and of cases of boys trafficked for forced labour, in particular cattle herding. The CRC also expressed concern at the prevalence of sexual exploitation of children in the travel and tourism sectors (CRC/C/OPSC/AGO/CO/1, paragraphs 6, 19(d), and 21). The Committee must express its deep concern at the situation of children trafficked for labour and sexual exploitation. The Committee therefore urges the Government to strengthen its measures, including within the framework of the PND and the NAP to Combat Trafficking in Persons, to prevent children from becoming victims of trafficking and commercial sexual exploitation, to remove child victims from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and the results achieved in terms of the number of children who have been removed and rehabilitated. In this regard, the Committee further requests the Government to indicate the measures taken by the INAC, the CNAC and the Inter-ministerial Commission to Combat Trafficking in Persons in identifying, removing and providing appropriate services and assistance to child victims of worst forms of child labour.

Clause (d). Children at special risk. HIV/AIDS orphans and other vulnerable children (OVC). The Committee previously noted the Government’s indication that a national action plan on OVC was being developed and that the plan sought to strengthen the capacities of families, communities and institutions to respond to the needs of OVC and to expand social protection services and mechanisms for these children. It however noted from the UNAIDS estimates of 2016, that approximately 130,000 children aged 17 years and younger had been orphaned by HIV/AIDs in Angola.

The Committee notes that the Government’s report does not contain any information on this matter. It notes that according to the UNAIDS estimates for 2020, the number of children under 17 years who have been orphaned due to HIV AIDS in Angola has doubled, to approximately 260,000 children. Recalling that OVC are at an increased risk of being engaged in the worst forms of child labour, the Committee strongly urges the Government to take immediate and effective measures, as part of the national action plan on OVC, to ensure that HIV/AIDS orphans and OVC are protected from the worst forms of child labour. The Committee requests the Government to provide information on the specific measures taken in this respect and on the results achieved.

Application of the Convention in practice. In its previous comments, the Committee noted the Government’s statement that there are children in Angola who are engaged in the worst forms of child labour, such as those who perform hazardous types of work (in the diamond mines and in the fishing industry).

The Committee notes that the Government has not provided any information on the measures taken to protect children from these worst forms of child labour. The Committee notes that the Human Rights Committee, in its concluding observations of May 2019, expressed concern at the insufficient efforts to tackle child labour, particularly in the mining sector (CCPR/C/AGO/CO/2, paragraph 33). The Committee urges the Government to intensify its efforts to ensure that children are protected in practice against the worst forms of child labour, particularly in hazardous work. It also requests the Government to take the necessary measures to ensure the availability of sufficient data on these issues and to provide information on the nature and scope of, and trends on the worst forms of child labour and on the number of children covered by measures giving effect to the Convention. To the extent possible, this information should be disaggregated by gender and age.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee previously noted that section 19(2) of Act No. 3 of 2014 (on offences related to money laundering and organized crime) treats as a criminal offence the offering, provision, acceptance, transportation, reception or accommodation of a minor for sexual or labour exploitation, any of which is punishable by imprisonment of eight to 12 years. Section 23 of Act No. 3/14 also establishes penalties for the trafficking of minors to foreign countries for sexual exploitation. The Committee requested the Government to provide information on the application in practice of these provisions.

The Committee notes that the Government’s report does not contain any information in this regard. The Committee, however, notes from the concluding observations of June 2018 of the Committee on the Rights of the Child (CRC) on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC) that as of March 2018, five investigations concerning the sale of children were initiated (CRC/C/OPSC/AGO/CO/1, paragraph 7). The Committee also notes that section 196 of the new Penal Code No 38 of 2020 provides penalties for the offences related to trafficking of minors under 18 years for sexual exploitation. The Committee requests the Government to provide information on the application in practice of section 196 of the Penal Code of 2020 and sections 19(2) and 23 of the Act No 3 of 2014, indicating the number of prosecutions, convictions and penal sanctions applied for the offences related to the sale and trafficking of children under 18 years for sexual or labour exploitation. It also requests the Government to provide information on the findings of the five cases initiated concerning the sale and trafficking of children under 18 years of age as well as any criminal penalties applied.

2. Children in armed conflict. The Committee notes that the CRC, in its concluding observations of June 2018, on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, expressed concern about the recruitment and use of children above the age of 16 in hostilities by armed forces and non-State armed groups, as well as the recruitment and use of children by private security companies and that such practices are not explicitly prohibited or criminalized. The CRC acknowledged the information that 11 children who had reportedly recruited by militias in the Democratic Republic of the Congo, has been registered. The CRC further noted the practices of abuse of girls as porters, domestic workers or sex slaves in the context of children in armed conflict (CRC/C/OPAC/AGO/CO/1, paragraphs 16 and 20). The Committee requests the Government to take effective measures to prohibit and criminalize the use, procuring or offering of children under 18 years for armed conflict and to ensure that sufficiently effective and deterrent penalties are imposed on any person found guilty of recruiting or using children under 18 years of age for the purpose of armed conflict. The Committee also requests the Government to provide information on the number and nature of investigations carried out against the perpetrators of these crimes, as well as on the number of prosecutions conducted, and the number and nature of penalties imposed.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the Joint Executive Decree No. 171 of 2010, which establishes the activities prohibited to minors, includes the production of pornography.

The Committee notes that the Government has not provided any information relating to the Committee’s previous request concerning the application in practice of Decree No.171 of 2010. The Committee notes that section 198 of the Penal Code of 2020 also provides for penalties of imprisonment for up to ten years for the offences related to the using, promoting, facilitating or allowing minors under 18 years to participate in child pornography or acquiring, holding, offering, distributing, transmitting or broadcasting child pornography. “Child pornography” refers to any pornographic material that represents visually or audibly or virtually or real appearances of persons under 18 years of age in sexually explicit behaviour. The Committee requests the Government to provide information on the application in practice of section 198 of the Penal Code of 2020, indicating the number of prosecutions, convictions and penalties imposed for the offences related to the use, procuring or offering of young persons under the age of 18 years for the production of pornography or for pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Children in street situations. In its previous comments, the Committee noted the Government’s indication that the displacement of a large number of people during the armed conflict had resulted in children living on the streets. The Government indicated that, although the number of street children was decreasing as a result of a relative improvement in the population’s living conditions, a large number of children still lived on the streets. Efforts had been made as part of a specific programme designed to reunite street children with their families of origin or place them in host families, and cooperation had been established between several public partners in order to implement programmes to create and improve private institutions accommodating street children (with integrated education and vocational training activities). It further noted the Government’s indication, in its report to the CRC, that the number of street children had decreased (CRC/C/AGO/5-7, paragraph 175). Noting an absence of information in the Government’s report, the Committee once again requests the Government to intensify its efforts to ensure that children in street situation are protected against the worst forms of child labour and to ensure their rehabilitation and social integration. It also requests the Government to provide information on the number of street children who have benefited from educational and vocational training programmes in specialized institutions.

Comments adopted by the CEACR: Angola

Adopted by the CEACR in 2021

C017 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)