Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s first report. It observes, however, that it is not a detailed report. The Committee recalls that, when a government provides a first report, it must contain full information on each of the provisions of the Convention and on each question in the report form. The Committee will be grateful if the Government will provide a detailed report in 2005, in conformity with the report form. The Committee notes with interest the adoption of Act No. 2004-015 concerning the Labour Code. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that the Government indicated, in its initial report to the Committee on the Rights of the Child in January 2000 (CRC/C/8/Add.42, paragraphs 5 to 7 and 331), that a National Council for Children (CNE) has been set up at the Secretariat of State for the Status of Women. The mandate of the CNE is to assist the Secretariat of State for the Status of Women in drawing up general policies relating to children. The Government also indicated that a national plan for the promotion of the child was adopted under the "mayors for the defence of children" initiative. The Committee requests the Government to provide information on the CNE and on the impact of the national plan for the promotion of the child on the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes with interest the adoption of Act No. 025/2003 of 17 July 2003 on repression of the trafficking of persons. It notes that, under section 1, the expression "trafficking of persons" means the procuring, transport or transfer of persons using force or threats or other forms of constraint by means of abduction, deception, abuse of authority or the exploitation of vulnerability or by the offer of payment or any other consideration to obtain the consent of a person having authority over another for the purpose of exploitation. Under this provision, exploitation includes unpaid work, forced labour or services and similar practices, the removal of organs for financial gain, exploitation of the prostitution of others and other forms of sexual exploitation. The Committee also notes that, under section 2 of the Act, consent given by a victim is a nullity if one of the trafficking methods has been used. Section 3 provides that the procuring, transfer, accommodation or reception of a child for the purposes of exploitation is considered to be trafficking even if none of the methods specified in section 1 is used. Furthermore, section 4 provides that perpetration of one of the acts specified in sections 1, 2 and 3 constitutes a crime of trafficking of persons. Finally, the Committee notes that sections 311 and 312 of the Penal Code provide for sanctions for anyone perpetrating the crime of procuring, including procurement for prostitution outside the national territory.

The Committee notes 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), indicated that it recognized the Government’s efforts to stop cases of trafficking of children to Arab countries. The Committee requests the Government to provide information on the measures taken in this regard.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes that, under section 1 of Ordinance No. 81-234 of 9 November 1981, slavery in all its forms has been abolished. The Committee also notes that section 5 of the new Labour Code prohibits forced or compulsory labour including any work relationship that is not voluntary, even if that relationship does not result from a contract of employment. The Committee notes, however, 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 requests the Government to provide information in this regard.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that the Government has not sent any information concerning the recruitment of children for use in armed conflict. It notes that, under section 1 of Act No. 62-132 of 29 June 1962 on army recruitment, every Mauritanian citizen is obliged to perform military service in person, except in cases of physical incapacity. Under section 4 of the Act, every young person turning 17 years of age is registered at the registry office of their official place of residence. In addition, section 7 of the Act, as amended by section 2 of Act No. 62-215 of 18 December 1962, provides that all Mauritanians or naturalized Mauritanians may undertake an engagement under certain conditions, including being over 16 years of age and having the consent of their parents, guardians or, failing that, having obtained the prior permission of the Minister of Defence, in the case of young persons under 18 years of age.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, under section 311 of the Penal Code, anyone who, inter alia, knowingly aids, assists or protects in any form the prostitution of others or soliciting for the purpose of prostitution; or who procures, entices or maintains a person even of majority age, and even with that person’s consent, for the purpose of prostitution or delivers that person to prostitution or debauchery; or who acts as an intermediary in any capacity between persons engaging in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others, is guilty of procuring and is liable to penal sanctions. Section 312 of the Penal Code provides for heavier penalties than those laid down by section 311, particularly in cases where the offence is committed in relation to a minor; or the victims of the offence have been delivered or invited to deliver themselves to prostitution outside national territory. The Committee notes that the Penal Code does not define the term "minor". In this regard, the Committee reminds the Government that the prohibition contained in Article 3, paragraph (b), of the Convention, namely the use, procuring or offering of a child for prostitution, applies to any person under 18 years of age. It therefore requests the Government to specify 18 as the age of the minors to whom section 312 of the Penal Code applies.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. Sections 263-270 of the Penal Code deal with affronts to public decency committed particularly through the press or books. While noting these provisions, the Committee reminds the Government that the prohibition in Article 3(b) of the Convention relates to the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances is considered one of the worst forms of child labour. It also recalls that, under Article 1 of the Convention, each Member which ratifies it must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to indicate the measures taken or envisaged to prohibit in national legislation the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It also requests the Government to adopt appropriate sanctions.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee observes that the Government has not provided any information concerning this provision of the Convention. It reminds the Government that, under Article 3(c) of the Convention, 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, is considered one of the worst forms of child labour. If the Government has not taken any measures to prohibit this worst form of child labour, the Committee requests the Government to introduce a measure to prohibit this form of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged in order to give effect to 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.

Clause (d). 1. Hazardous work. The Committee notes that, under section 47(1) of the new Labour Code, it is prohibited to employ children under 18 years of age in work which is beyond their strength or, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. It also notes that section 1 of Order No. 239 of 17 September 1954, as amended by Order No. 10.300 of 2 June 1965 concerning child labour, provides that in establishments of any nature, whether they be agricultural, commercial or industrial, public or private, lay or religious, even if the establishments are concerned with vocational training or charity, and including family enterprises or private homes, it is prohibited to employ children of either sex under 18 years of age in work which is beyond their strength, is a source of danger, or, by its nature or the circumstances in which it is carried out, is likely to harm their morals.

2. Young female domestics. The Committee notes that the Government, 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), indicated that the work of young female domestics is linked for the most part to the seasonal nature of agricultural activities. It also notes 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 girls questioned during the survey are under 12 years of age. The Committee requests the Government to provide information on the measures taken or envisaged in order to guarantee that young female domestics under 18 years of age do not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination of types of hazardous work and revision of the list thereof. The Committee notes that Order No. 239 of 17 September 1954 draws up a list of types of work which are prohibited for children under 18 years of age. Apart from certain specific provisions on the prohibited types of activity, the Order contains two tables. Table A is concerned with types of work that are prohibited for children under 18 years of age. Under section 31 of Order No. 239, access to premises where the work listed in Table A is performed is prohibited for children. Table B regulates certain types of work in which the employment of children is permitted under certain conditions. The Committee notes that this Order was adopted more than 50 years ago.

The Committee reminds the Government that under Article 4, paragraph 3, of the Convention, the list of types of hazardous work determined in terms of paragraph 1 must be periodically examined and revised if necessary, in consultation with the organizations of employers and workers concerned. In this regard the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer.

In this regard, the Committee notes that section 247(2) of the new Labour Code empowers the Labour Minister to adopt orders, on the advice of the Technical Advisory Committee for Safety and Health, determining the types of work which are prohibited for children and the establishments in which the employment of children is prohibited, or permitted under certain conditions. The Committee hopes that, when the orders are adopted, the Government will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of types of hazardous work. The Committee notes that the Government has not provided any information regarding this paragraph. It requests the Government to adopt the necessary measures to identify, after consultation with the organizations of employers and workers concerned, where types of hazardous work exist and to communicate the results thereof.

Article 5. Monitoring mechanisms. The Committee notes that sections 369 to 381 regulate labour inspection. It notes in particular that, under section 369 of the new Labour Code, labour inspectors and controllers are responsible for monitoring the implementation of laws and regulations that are applicable to workers. Under section 373 of the Code, they are authorized to apply directly to the competent judicial authorities in the event of violations of labour laws and regulations. In addition, under section 376 of the new Code, labour inspectors have the power to: enter freely and without previous notice at any hour of the day any workplace liable to inspection; call for consultations with doctors and technicians; and carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed.

Referring to its observation made in 2003 under the Labour Inspection Convention, 1947 (No. 81), the Committee notes that international cooperation projects for the reinforcement of the labour administration have been launched but that, according to the Government’s reports to the ILO under the Declaration on Fundamental Principles and Rights at Work, the inadequacy of the human and financial resources of the labour inspectorate constitutes a major obstacle to its discharge of its supervisory duties, particularly in such fields as child labour. The Committee hopes that the Government will take the necessary measures to strengthen the labour inspection system. It also requests the Government to provide information on the operation of the labour inspectorate or any other mechanism established for supervising the application of the provisions giving effect to the present Convention, supplying extracts of inspection reports and to indicate the extent and nature of violations against children and adolescents which have been detected.

Article 6. Programmes of action to eliminate the worst forms of child labour. Noting that the Government has not provided any information with regard to this paragraph, the Committee 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 implementation. It also requests it to send information on the consultations held with employers’ and workers’ organizations in accordance with the provisions of the present Article, and to indicate the extent to which the views of other groups concerned were taken into consideration.

Article 7, paragraph 1. Penalties. The Committee notes that, under section 5(3) of the new Labour Code, any contravention of the provisions relating to the prohibition on forced labour is liable to penal sanctions laid down by Act No. 2003-025 of 17 July 2003 on repression of the trafficking of persons. Under section 5 of Act No. 2003-025, any persons responsible for the crime of the trafficking of persons shall be liable to imprisonment of five to ten years and a fine of 500,000 to 1,000,000 ouguiyas (UM). The Committee also notes that sections 311 and 312 of the Penal Code provide for imprisonment of two to five years and a fine of 200,000 to 2,000,000 UM for any person found guilty of procuring.

With regard to hazardous work, the Committee notes that the new Labour Code provides for heavier penalties for violations of the provisions on child labour laid down by the Code, and of the provisions of implementing decrees and orders.

Article 7, paragraph 2. Effective time-bound measures adopted. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes 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 young female domestics for the most part have little formal education or even none at all. The average education of young rural dwellers overall, and of girls in particular, is below the national mean. In fact, it is the need to provide for their basic requirements and those of their families which drives these deprived children to work. The Committee notes 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, paragraphs 45 and 46), stated 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 high teacher-pupil ratio; the low enrolment rate in secondary schools; and the low number of children receiving pre-school education. The Committee recommended the Government in particular to apply the Act that makes basic education compulsory for all children between 6 and 14 years of age and to take appropriate measures to ensure regular attendance at schools and the reduction of drop-out rates, particularly among girls. The Committee also notes that UNICEF is currently undertaking activities in Mauritania, particularly in the field of education. However, according to UNICEF, the primary school attendance rate is only 44 per cent. Nevertheless, UNICEF considers that Mauritania has made progress in a number of areas, including basic education and the education of girls. Considering that education contributes towards eliminating many of the worst forms of child labour, the Committee expresses the hope that the Government will continue its efforts to improve the education system. It requests 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.

Clause (d). Children at special risk. Street children and talibés. The Committee notes 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), expressed its concern at the number of children working, particularly in the street, including the talibés who are exploited by their teachers. It also notes the statement in a UNICEF study entitled "Child labour in Mauritania" that, according to a July 2003 study by the National Children’s Council (CNE), observations in the field suggest that street children tend to be beggars who give a daily account of their begging activities to their marabouts. The talibé children are a new phenomenon, which is limited in scope. However, the Committee notes that, according to the CNE study, hundreds of children are living or working in the street. The Committee requests the Government to adopt the necessary measures to protect street children and talibés against the worst forms of child labour.

Noting that the Government has not provided any information concerning Article 7, paragraph 2(b), (c) and (e), of the Convention, the Committee requests it to provide detailed information on the effective time-bound measures taken to: (b) provide necessary and appropriate direct assistance for removing children from the worst forms of child labour and ensuring their rehabilitation and social integration; (c) ensure access to free basic education and vocational training for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Article 8. Enhanced international cooperation and assistance. The Committee notes that the Government has not provided any information regarding this paragraph. It notes that Mauritania is a member of Interpol, an organization which assists cooperation between the countries of different regions, especially in the fight against the trafficking of children. It also notes that the Government, in its initial report submitted to the Committee on the Rights of the Child in January 2000 (CRC/C/8/Add.42, paragraph 331), stated that in order to tackle the economic exploitation of children it had adopted important measures, including the implementation of a national plan to combat poverty. In its concluding observations in November 2001 (CRC/C/15/Add.159, paragraphs 7 and 14), the Committee on the Rights of the Child noted with concern that economic and social difficulties facing the State party have a negative impact on the situation of children and are impeding the full implementation of the Convention, particularly in rural and remote areas. In particular it notes the negative impact of desertification and drought which, by causing an accelerated urbanization and uncontrolled exodus from rural areas, increases the level of poverty and the dismantling of family structures. The Committee on the Rights of the Child recommended the Government to strengthen its efforts to reduce poverty and its impact on children. The Committee requests the Government to provide information on the impact of the national plan to combat poverty on eliminating the worst forms of child labour. It also requests the Government to provide information on enhanced international cooperation and/or assistance, including by measures to support economic and social development and universal education.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the information communicated by the Government to the effect that labour inspectors ensure that the provisions of the Convention are applied, by taking severe action when necessary. It also indicates that no practical difficulties are being encountered in the application of the Convention. The Government also indicates that it does not possess reliable statistics on the situation of the worst forms of child labour in Mauritania and that it wishes to avail itself of technical assistance from ILO/IPEC. The Committee hopes that 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, on the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.