Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes the comments of the General Confederation of Workers of Mauritania (CGTM).

Article 3 of the Convention. The worst forms of child labour. 1. Clause (a). Debt bondage, serfdom and forced or compulsory labour. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations on the Government’s initial report in November 2001 (CRC/C/15/Add.159, paragraph 49), stated that it remained concerned at the cases of involuntary servitude reported to exist in isolated areas. The Committee notes that, according to a UNICEF report on the trafficking of persons, with particular reference to women and children, in West and Central Africa, published in 2006, slavery continues to be practised in Mauritania. Children whose mothers are slaves are considered by several owners to be slaves in their turn. The Committee notes the adoption of the Act penalizing slavery and practices similar to slavery. As this matter is examined by the Committee in the context of the application of the Forced Labour Convention, 1930 (No. 29), it refers the Government to those comments.

Clause (b). Use, procuring or offering of a child for prostitution. With reference to its previous comments, the Committee notes with interest that sections 57 and 58 of Ordinance No. 2005-015 on the penal protection of the child, penalizes procuring in respect of a child and any person found to be a client of a child. It also notes that section 59 of this Ordinance penalizes procuring in respect of children in the form of organized groups.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to prohibit in national law the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. The Committee notes with interest that sections 47 and 48 of Ordinance No. 2005-015 on the penal protection of the child give effect to this provision of the Convention.

Clause (c). Use, procuring or offering of a child for illicit activities. With reference to its previous comments, the Committee once again notes that the Government has not provided any information in relation to this provision of the Convention. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to ensure the prohibition and elimination of the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention. It also requests the Government to adopt appropriate sanctions.

Article 5. Monitoring mechanisms. In its previous comments, the Committee referred to the comments made under the Labour Inspection Convention, 1947 (No. 81), in which it noted that international cooperation projects for the reinforcement of the labour administration had been launched, but that the inadequacy of the human and financial resources of the labour inspectorate constituted a major obstacle to its discharge of its supervisory duties, particularly in such fields as child labour. The Committee hoped that the Government would take the necessary measures to strengthen the labour inspection system.

In its comments, the CGTM indicates that the application of the Conventions on the rights of the child is “still timid” and that there is a lack of definition and of a national policy in this field with the effective involvement of the social partners. The CGTM adds that studies have to be carried out regularly by labour inspectors to exercise supervision of violations of the rights of children, where use for labour is increasing. In its report provided under Convention No. 81, the Government indicates that the situation of the labour inspection system is undergoing an improvement, including the forthcoming purchase of vehicles and office equipment and the recruitment of ten inspectors and ten labour supervisors. While noting this information, the Committee requests the Government to provide information on the measures taken to strengthen the labour inspection system, with particular reference to the role entrusted to labour inspectors and supervisors in combating child labour, and especially its worst forms.

Article 6. Programmes of action. The Committee previously noted the establishment of the National Council for Children (CNE) within the Secretariat of State for the Status of Women, as well as the adoption of a national plan for the promotion of the child. It requested the Government to provide information on the CNE and on the impact of the national plan for the promotion of the child in relation to the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government on the measures adopted in relation to children and the activities undertaken by the CNE for the defence and promotion of the rights of the child. It observes that, even though these measures may have a certain impact on the elimination of child labour and its worst forms, they do not specifically address this issue. The Committee therefore once again requests the Government to indicate whether programmes of action have been drawn up to eliminate the worst forms of child labour, and to provide information on their elimination.

Article 7, paragraph 1. Penalties. The Committee requests the Government to provide information on the application in practice of the sanctions envisaged in sections 57, 58 and 59 of Ordinance No. 2005-015 on the penal protection of the child, which penalize procuring in respect of a child and any individual found to be a client of the child, and sections 47 and 48 of the Ordinance which penalize the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances.

Article 7, paragraph 2. 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 noted previously that, in its concluding observations on the Government’s initial report in November 2001 (CRC/C/15/Add.159, paragraphs 45 and 46), the Committee on the Rights of the Child had indicated that it regretted that only approximately 60 per cent of children attend school and that there are greater gender and regional disparities. It also noted with concern the high drop-out and repeating rates; the low enrolment rate in secondary schools; and the low number of children receiving pre-school education. The Committee noted that UNICEF was undertaking activities in Mauritania, particularly in the field of education and that, according to UNICEF, the primary school attendance rate is only 44 per cent. Nevertheless, UNICEF considered that Mauritania had made progress in a number of areas, including basic education and the education of girls. The Committee requested the Government to provide information on the effective and time-bound measures taken in the field of education to prevent the engagement of children in the worst forms of child labour.

The Committee notes that the Government has formulated a ten-year plan for education, the objective of which is, amongst others, to increase the school attendance rate of adolescents in the first cycle of secondary education and to create second-chance structures for children who have never gone to school or have dropped out of school. The Committee notes that, according to UNESCO statistics, 72 per cent of children, boys and girls, attend primary school, whereas only 14 per cent of girls and 17 per cent of boys attend secondary school. It notes that the Government has formulated a National Employment Strategy and a plan of action in this field. Despite the efforts made by the Government, the Committee expresses deep concern at the persistence of these low rates of school attendance. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the operation of the education system, particularly by increasing the school registration rate and lowering the school drop-out rate, especially among girls. It requests the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS. The Committee notes that, according to the Report on the global AIDS epidemic, published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, around 6,900 Mauritanian children are AIDS orphans. The Committee observes that HIV/AIDS has negative consequences on orphans for whom there is a heightened risk of being engaged in the worst forms of child labour. It therefore requests the Government to provide information on the specific measures adopted to protect child AIDS orphans from being engaged in the worst forms of child labour.

Clause (e). The special situation of girls. Domestic work. The Committee noted previously that, in its initial report submitted to the Committee on the Rights of the Child in January 2000 (CRC/C/8/Add.42, paragraphs 329 and 330), the Government indicated that the work of young female domestics is linked for the most part to the seasonal nature of agricultural activities. The Government added that most young girl domestics had received limited school education or were not educated. The Committee also noted that, according to the results of a 1999 survey on young female domestics in Mauritania quoted in a UNICEF study entitled “Child labour in Mauritania”, girls may be recruited from 8 years of age and 32 per cent of the girls questioned during the survey were under 12 years of age. It requested the Government to provide information on the measures taken or envisaged to guarantee that young female domestics under 18 years of age do not perform hazardous types of work. The Committee notes that the Government’s report does not contain any information on this subject. It notes that young girls, especially those employed in domestic work, are often the victims of exploitation, which may take on very diverse forms, and that it is difficult to supervise their conditions of employment in view of the clandestine nature of their work. The Committee therefore urges the Government to take the necessary measures to protect these children from the worst forms of child labour, and particularly against hazardous types of work or economic or sexual exploitation, and to provide information in this respect.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the information provided by the Government that sectoral studies in the informal sector of Kiffa and in the departments of Nouakchott will be undertaken to identify children who work and to endeavour to envisage with employers possible opportunities for training, education or integration. It further notes that preliminary surveys will receive support from labour inspectors in the areas covered by the surveys. Noting that the available statistics do not include data on the worst forms of child labour, the Committee hopes that, as a result of these surveys, the Government will be in a position to provide statistics and information on the nature, extent and trends of the worst forms of child labour and the number of children covered by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex.