Article 59. Right to liberty and to security
1. In the Republic of Mozambique everyone has the right to security and nobody shall be detained and put on trial except in accordance with the law.
Article 84. Right to work
1. Work shall be a right and a duty of every citizen.
2. All citizens shall have the right freely to choose their profession.
3. Forced labour shall be prohibited, except where the work is performed within the framework of penal legislation.
Article 85. Right to retribution and to safety at work
1. All workers shall have the right to fair remuneration, rest and vacation and to retirement in accordance with the law.
2. Workers shall have the right to protection, health and safety at work.
3. Workers may be dismissed only in the cases and in accordance with the terms provided for by law.
Article 119. Family
1. The family is the fundamental unit and the basis of society.
2. The State shall, in accordance with the law, recognise and protect marriage as the institution that secures the pursuit of family objectives.
3. In the context of the development of social relations based on respect for human dignity, the State shall guarantee the principle that marriage is based on free consent.
4. The law shall establish forms in which traditional and religious marriage shall be esteemed, and determine the registration requirements and effects of such marriage.
Article 121. Childhood
1. All children have the right to protection from the family, from society and from the State, having in mind their full development.
2. Children, in particular orphans and disabled and abandoned children, shall be protected by the family, by society and by the State against all forms of discrimination, ill treatment and the abusive use of authority within the family and in other institutions.
3. Children shall not be discriminated against on the grounds of their birth, nor shall they be subjected to ill treatment.
4. Child labour shall be prohibited, whether the children are of compulsory school going age or any other age.Mozambique Constitution
Article 196 (Slavery)
Anyone who alienates, entices, acquires, or cedes any person, or seizes it, reducing it to the condition of a slave, will be sentenced to imprisonment of more than eight to twelve years.
Article 197 (Physical coercion)
He who employs acts of bodily injury to compel another to do something, or prevent him from doing so, shall be sentenced to imprisonment from one month to one year, and may also be condemned in the corresponding fine.
Article 198 (Trafficking of persons)
Any person who recruits, transports, receives, receives or receives a person under the pretext of employment, training or learning for the purpose of prostitution, forced labor, slavery, involuntary servitude or debt bondage shall be punished with a sentence of sixteen to twenty years' imprisonment larger.
Article 199 (Abduction)
1. Any person who, by means of violence, threat or any fraud, abducts another person for the purpose of subjecting him to extortion, rape, redemption, reward, embarrassing public authority or third party to an action or omission, or Support an activity, shall be punished with imprisonment of more than twenty to twenty-four years.
2. The penalty provided in the previous number will be aggravated if the abduction is:
A) preceded or accompanied by a serious offense to the physical integrity of the victim;
B) accompanied by torture or other cruel, degrading or inhuman treatment;
C) practiced against a defenseless person due to age, illness, disability or pregnancy;
D) practiced by simulation of quality of public authority, by public servant with serious abuse of authority;
E) accompanied by crime against the sexual freedom of the victim;
F) followed by suicide of the victim.
3. If deprivation of liberty results in the death of the victim, the agent shall be punished in accordance with article 160.
Article 419 (Establishment of employment relationship with illegal immigrant)
Those who hire or broker the hiring, directly or indirectly, even if precarious, illegal immigrant, shall be punished with imprisonment from three months to one year and fine.Mozambique Penal Code
Article 10 (Trafficking of persons)
Anyone who recruits, transports, welcomes, supplies or receives a person, for any means, including under the pretext of domestic or foreign employment or training or learning, for the purposes of prostitution, forced labor, slavery, involuntary servitude or bondage shall be punished with a penalty of sixteen to twenty years in prison.
Article 11 (Pornography and sexual exploitation)
Anyone who traffics persons for the purpose of obtaining money, profit or any other
Advantage, a Mozambican citizen to a foreign citizen, in order to marry the
Purchase, offer, sell or exchange the person for
Pornography, sexual exploitation and forced labor, slavery, involuntary servitude and
Servitude for debts, shall be punished with the penalty of twelve to sixteen years of greater imprisonment.
Article 12 (Adoption for illicit purposes)
Anyone who adopts or facilitates the adoption of persons for the purpose of involvement in prostitution, sexual exploitation and forced labor, slavery, servitude and debt bondage, shall be punished by the penalty of sixteen to twenty years of jail time.
Article 13 (Transportation and abduction)
Anyone who recruits, hires, adopts, transports or abducts a person,
Threat, use of force, fraud, deception, coercion or intimidation, with the
Purpose of removal or sale of organs of said person, shall be punished with the penalty
From sixteen to twenty years in prison.
Article 14 (Rental of property for traffic purposes)
Anyone who knowingly leases or subleases, or allows the use of Any establishment or establishment for the purpose of promoting trafficking in persons, it is punished with eight to twelve years in prison.
Article 15 (Advertising and traffic promotion)
Anyone who advertises, prints, transmits or distributes, or causes to advertise, publish, print, trans mission or distribute, by any means, including the use of information technology and the internet, or any brochure or advertising material which Promotes trafficking in persons, will be punished with a sentence of two to eight years in prison.
Article 16 (Destruction of travel documents)
Anyone who confiscates, conceals or destroys the passport, travel documents, documents or personal belongings of the victims of trafficking in order to prevent them from leaving the country or seeking assistance from the Government or competent authorities, shall be punished with a penalty of two Eight years in prison.
Article 17 (Financial benefit)
Anyone who consciously benefits financially or otherwise or makes use of the work or services of a person subject to a condition of involuntary servitude, forced labor or slavery shall be punished by eight to twelve years in prison.
Article 18 (Consent of the offended)
The consent of the offended person does not exclude or attenuate the criminal responsibility of the agents of the crimes foreseen in this Law.
Mozambique Trafficking in Persons Law
Article 198 (Kidnapping)
- Whoever unlawfully detains, arrests, detains or in any way deprives any person of his liberty for up to 24 hours shall be punished by a term of imprisonment of one to two years and a corresponding fine.
- The officer shall be punished by a term of imprisonment of between 2 and 10 years if the deprivation of liberty:
- a) lasts for more than two days;
- b) is preceded or accompanied by serious physical harm, torture or other cruel, degrading or inhuman treatment;
- c) is committed under the false pretense that the victim was suffering from a mental anomaly;
- d) results in suicide or serious physical harm to the victim;
- e) is committed against a particularly defenceless person on account of age, disability, illness or pregnancy;
- f) it is committed against an agent of the security forces and services, a civil or military public servant, an agent of the public force or a citizen in charge of a public service, teacher, examiner or member of the school community, or a minister of religious worship, in the exercise of his duties or because of them;
- g) it is committed by simulation of public authority or by a public servant with serious abuse of authority. If the deprivation of liberty results in the death of the victim, the perpetrator shall be punished by imprisonment from 20 to 24 years.
Abduction and concealment of minors
Article 263- Violent or fraudulent removal of a minor under the age of twelve
Whoever, by violence or fraud, removes or causes to be removed or carried away a minor under the age of twelve from the house or place where, with the authorisation of the persons in charge of his custody or management, he is found, is punished by imprisonment from one to five years
CRIMINAL CODE 2019
