Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Mauritanie (Ratification: 2001)

Autre commentaire sur C182

Observation

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The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM) received on 31 August 2018 and requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted the adoption of Act No. 025/2003 of 17 July 2003 concerning the suppression of trafficking in persons. The Committee also observed that Mauritania appeared to be a country of origin for the trafficking of children for labour exploitation.

The Committee notes the lack of information on this matter in the Government’s report. The Committee observes that the National Plan of Action for the Elimination of Child Labour 2015–20 (PANETE–RIM) identifies the presence of child victims of trafficking in Mauritania, including children who are victims of the vestiges of slavery, talibé children and foreign children (paragraph 2.4). The Committee requests the Government to step up its efforts to ensure that, in practice, children under 18 years of age are protected against the sale and trafficking of children for sexual or labour exploitation. Furthermore, the Committee again requests the Government to provide information on the application in practice of Act No. 025/2003 of 17 July 2003 concerning the suppression of trafficking in persons, including statistics on the number and nature of reported violations, investigations, prosecutions, convictions and criminal penalties imposed.

2. Forced or compulsory labour. Begging. In its previous comments, the Committee noted that section 42(1) of Ordinance No. 2005-015 concerning the protection of children under criminal law provides that any person who causes a child to beg or directly employs a child to beg shall be liable to imprisonment of one to six months and a fine of 100,000 Mauritanian ouguiyas (MRO). The Committee noted the allegations of the General Confederation of Workers of Mauritania (CGTM) that teachers in religious schools force children to go onto the streets to beg, exposing them to crime and the risk of physical assault. Lastly, the Committee noted the statement of the United Nations Special Rapporteur on contemporary forms of slavery to the effect that a specialist police unit trained to work with children and the Ministry of the Interior monitor madrasas (religious schools) to ensure that children are not encouraged to go begging on behalf of their religious teachers.

The Committee notes the Government’s indications that a survey conducted in Nouakchott in 2013 reveals that begging affects 3.57 per cent of children between 3 and 5 years of age, 5.95 per cent of children of 6 or 7 years of age, 14.29 per cent of children between 9 and 11 years of age, 27.38 per cent of children between 12 and 14 years of age and 9.25 per cent of children aged 15. The survey also shows that 90 per cent of child beggars are male and 61 per cent of children state that they are instructed to beg by their marabout (religious teacher). According to the PANETE–RIM, talibé children are exposed to dangers, spending most of their time on the streets and often unable to return home empty-handed since they will otherwise receive a beating from their master (paragraph 2.4). The Committee also observes that the particular situation of talibé children will be taken into account in the context of preventive actions and measures under objective 4.2 of the PANETE–RIM. However, the Committee notes that there is no information on the investigation and prosecution of marabouts. The Committee reiterates that, under the terms of Article 7(1) of the Convention, the Government must take all necessary steps to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of effective and sufficiently dissuasive sanctions. The Committee therefore once again urges the Government to take the necessary measures to ensure that marabouts who use children under 18 years of age for purely economic purposes are thoroughly investigated and prosecuted, and that adequate penalties constituting an effective deterrent are imposed on them. The Committee requests the Government to provide information on the number of talibé children who have been identified by the specialist police unit and the Ministry of the Interior. Lastly, it requests the Government to send a copy of the survey of talibé children conducted in 2013.

Article 7(2). Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. Forced or compulsory labour. Begging. The Committee previously noted the lack of information on the measures adopted by Mauritania to identify and protect children living or working on the streets.

The Committee notes the information from the Government to the effect that, as a result of the national child protection system established at the Ministry of Social Affairs, Children and the Family, a total of 5,084 out-of-school working children and child beggars have been placed in schools in the wilayas (regions) of Nouakchott, Dakhlet Nouadhibou and Assaba. However, the Committee notes the persistent presence of children engaging in begging, according to the analysis of the child labour situation in Mauritania (World Report on Child Labour 2015, table 13, page 39), produced jointly by the Government and ILO–IPEC. The Committee requests the Government to continue providing information on the number of child victims of begging who have been removed from the streets and rehabilitated and integrated into society, particularly by the Centre for the Protection and Social Integration of Children (CPISE) or by the Ministry of the Interior. The Committee also requests the Government to indicate any other effective time-bound measures taken to identify talibé children who are forced to beg, and to remove them from such situations, ensuring their rehabilitation and social integration.

Clause (e). Special situation of girls. Domestic work. In its previous comments, the Committee noted the Government’s statement that most girls engaged in domestic work received little or no schooling. The Committee noted the CGTM’s allegations that domestic work involves a daily workload of heavy chores for children, who are subjected to abuse from a very young age. Furthermore, the International Trade Union Confederation (ITUC) indicated that many girls are forced into unpaid domestic service and are particularly vulnerable to exploitation.

The Committee notes that the Government provides no information on this matter in its report. However, the Committee notes the information contained in the PANETE–RIM, according to which child domestic workers account for 17.28 per cent of children covered by the survey and work more than 16 hours per day. The Plan of Action also mentions that most of these workers are girls who do not attend school and who work hidden from view, experiencing various problems, including abuse and rape and also unpaid wages (paragraph 2.4). The Committee also observes that, according to the 2015 survey relating to the legislative and institutional analysis of child labour in Mauritania, produced jointly by the Government and the ILO, domestic work is traditionally done by the daughters of former slaves and resembles the work previously done by their own enslaved mothers. The survey adds that girl domestic workers are systematically kept in poverty and most of them face abuse, exploitation and violence (page 8). The Committee is bound to express its concern at the situation of girl domestic workers. It reminds the Government that girls employed in domestic work are often the victims of exploitation and that it is difficult to monitor their conditions of employment because of the hidden nature of their work. It also reminds the Government that, under the terms of Article 1 of the Convention, every member State 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 therefore urges the Government to take effective and time-bound measures to ensure that children who are victims of exploitation in domestic work are removed from this worst form of child labour and are rehabilitated and integrated into society, particularly as part of the PANETE–RIM. The Committee requests the Government to provide information on progress made in this regard.

Application of the Convention in practice. Further to its previous comments, the Committee observes that, according to the 2015 report on child labour, children work in sectors including mechanical engineering, fishing, agriculture, herding, small-scale commerce, as domestic workers or cart drivers. Moreover, the children work in hazardous conditions that are likely to harm their health, with most of them working on the streets and for long hours. The Committee notes that: child cart drivers are particularly exposed to traffic accidents; child dockers transport heavy loads that are harmful to their health; children are exposed to serious risks in mechanical engineering, including from the suspension of engines in garages; children in rural areas are exposed to the sun; some girls working in hotels and restaurants have been victims of rape; and children generally work the whole day without a break (pages 21–22). Furthermore, according to the PANETE–RIM, child shepherds under 10 years of age who take care of livestock wake early, go to bed late and work more than 16 hours per day exposed to dangers connected with that activity (paragraph 2.4). The Committee expresses its concern at the situation of children engaged in the worst forms of child labour, including hazardous work in Mauritania. The Committee urges the Government to take immediate and effective measures to ensure protection in practice for these children against the worst forms of child labour, particularly as part of the implementation of the PANETE–RIM. It also requests the Government to provide statistics on the nature, extent and trends of the worst forms of child labour, particularly in the informal economy. All information provided should, as far as possible, be disaggregated by sex and age.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.