Mozambique
Traffic Situation
In Mozambique, the sentences for the different crimes committed by an accused are not tallied up. Traffickers, who usually commit more than one established crime in the process of trafficking, may only be condemned to one sentence - most likely the most severe. It is therefore necessary to identify a crime carrying the highest penalty in every trafficking case and charge the trafficker with such.
Gaps
The mere fact that human trafficking is not recognized as an independent and distinct crime is the greatest problems of the legal treatment of this phenomenon in Mozambique. The lack of a specialized legislation, or at least an article in the Penal Code that specifically deals with this subject means that certain aspects of this international crime are neglected. For instance, as the law currently stands the recruitment, transport or transfer of male adults (older than 21 years of age) by means of abduction, fraud or deception for the purposes of exploitation is not a criminal offence.
Recruitment in respect of male adults is only punishable if it is by means of coercion. Furthermore, sexual exploitation of male adults is only a crime if facilitated by an ascendant of the male adult in contravention of Article 405 of the Criminal Code 50.
Some responses with participation of Civil Society
A national wide network against trafficking and abuse of children was recently created, in the context of the campaign: Rede CAME. There is a network (Rede da Criança – Child Network) of NGOs which deals with issues related to children, mainly child rehabilitation, information dissemination, health care and family reunification. Education programmes on the Rights of the Child are being implemented.
There are also NGOs that give food, shelter, and provide education programmes as well as counselling to street children. The Mozambican government in consultation with UNICEF has set up a children’s parliament.
To deal with the issue of HIV/AIDS the government established a National Aids Council which set up a strategic plan aimed at creating public awareness and carry out a prevention campaign across Mozambique.