Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 138) sur l'âge minimum, 1973 - Mauritanie (Ratification: 2001)

Autre commentaire sur C138

Observation

Demande directe

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The Committee notes the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examined the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 2(1) and (2) below) and also on the basis of the information at its disposal in 2019.

Article 2(1) and (2) of the Convention. Minimum age for admission to employment or work. The Committee notes section 76 of Act No. 2018-024 of 21 June 2018 issuing the General Child Protection Code, pursuant to which it is prohibited to employ children under 16 years of age. The Committee also notes that section 153 of Act No. 2004-017 issuing the Labour Code provides that children cannot be employed before the age of 14 years. It notes that the Government specified 14 years as the minimum age at the time of ratification of the Convention. The Committee also notes the Government’s indication, in the supplementary information received, that this point will be emphasized in the context of the harmonization of the legislative texts relating to the social sphere. The Government explains that employment relationships are governed by the Labour Code. The Committee requests the Government to provide information on all progress made regarding the harmonization of the various provisions relating to the minimum age for admission to employment or work. The Committee would like to take this opportunity to draw the Government’s attention to the provisions of Article 2(2) of the Convention, which provide that each Member which has ratified this Convention may subsequently notify the Director-General of the International Labour Office, by further declarations, that it specifies a minimum age higher than that previously specified. Accordingly, the Committee requests the Government to indicate that it is raising the minimum age of 14 years previously specified.

Article 5. Limitation of the scope of application of the Convention to certain branches of economic activity. In its previous comments, the Committee noted that, at the time of ratification of the Convention, Mauritania declared that it was initially limiting the scope of application of the Convention to the branches of economic activity and types of enterprise covered by Article 5(3) of the Convention, namely: mining and quarrying; manufacturing; construction and public works; electricity, gas and water; sanitary services; transport, storage and communications; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Committee noted that, despite the Government’s indications that very few children are compelled to work in the branches of activity excluded from the scope of the Convention, apart from in the informal economy, the General Confederation of Workers of Mauritania (CGTM) claimed that children are used in family-run agricultural holdings where they are exposed to pesticides and harsh working conditions, despite their age. The Committee asked the Government to indicate the general situation regarding the employment or work of children and young persons in the branches of activity which are excluded from the scope of application of the Convention, particularly in family-run agricultural holdings.

The Committee notes the Government’s indications that, in the branches of activity excluded from the scope of application of the Convention, child labour is virtually non-existent. The Government explains that it plans to extend the scope of application of the Convention to the informal economy, where child labour might still exist. Recalling that, under Article 5(4) of the Convention, any Member may extend the scope of application of the Convention by a declaration addressed to the Director-General of the International Labour Office, the Committee draws the Government’s attention to the possibility of making use of this provision. In the meantime, it requests the Government to continue providing information on the general situation regarding the employment or work of children and young persons in the branches of activity which are excluded from the scope of application of the Convention.