Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Age Convention, 1973 (No. 138) - Mauritania (Ratification: 2001)

Article 3, paragraph 3, of the Convention. Authorization to employ children in hazardous work, as from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 239 of 17 September 1954, as amended by Order No. 10.300 of 2 June 1965 respecting child labour (the Child Labour Order), provides that in establishments of any nature, including family enterprises or private homes, it is prohibited to employ children under 18 years of age on hazardous work. It however noted that certain provisions of Order No. 239 of 17 September 1954 (Order No. 239), including sections 15, 21, 24, 25, 26, 27 and 32, allow the employment of children from the age of 16 years on hazardous types of work. Finally, it noted that section 1 of Order No. R-030 of 26 May 1992 (Order No. R-030) provides that no person under 16 years of age may be placed in charge of operating hoists, including scaffold hoists, or giving driver signals. The Committee requested the Government to provide information on the measures adopted to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only permitted under strict conditions of protection and prior instruction in conformity with the provisions of Article 3(3) of the Convention.

In its report, the Government indicates that section 1 of the Child Labour Order unambiguously provides that “it is prohibited to employ children of either sex under 18 years of age on work that exceeds their strength, involves risks of danger or which, by its nature or the conditions in which it is carried out, is likely to harm their morals”. The Committee however observes that this provision establishes the general prohibition of employing young persons under 18 years of age on hazardous types of work, while the provisions of Orders No. 239 and No. R-030 set forth exceptions to this prohibition for children between the ages of 16 and 18 years. The Committee reminds the Government that Article 3(3) of the Convention only authorizes the employment or work of young persons between 16 and 18 years of age under strict conditions of protection and prior instruction. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons aged between 16 and 18 years is only authorized on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with the provisions of Article 3(3).

Article 5. Limitation of the scope 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 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 reminds the Government that, under the terms of Article 5(4)(a), of the Convention, any government which has limited the scope of application of the Convention in pursuance of that Article shall indicate in subsequent reports the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of the present Convention, and any progress which may have been made towards the wider application of the provisions of the Convention. In this respect, the Committee noted previously that, according to a study undertaken by the Government in 2004 in collaboration with UNICEF, children work on their own account in the informal economy as carters, hawkers or in the street, while girls work especially as domestic workers.

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 almost non-existent. However, the Government has the intention of extending the scope of application of the Convention to the informal economy, where there are still children who work. The Committee requests the Government to indicate the general situation as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of the Convention, in accordance with Article 5(4)(a).

Article 7, paragraph 3. Determination of light work. In its previous comments, the Committee noted that, under section 154 of the Labour Code regulating the employment of children between 12 and 14 years of age in light work, no child over 12 but under 14 years of age may be employed without the express permission of the Minister of Labour. Children over 12 years of age may be employed in work outside the hours of compulsory schooling, provided that such work is not harmful to their health and normal development and does not exceed two hours per day on both school days and holidays, with the total number of hours per day devoted to both school and light work not exceeding seven hours. The Committee reminded the Government that Article 7(3) provides that, in addition to the hours and conditions of work, the competent authority shall determine the activities in which light employment or work may be permitted for children between 12 and 14 years of age.

The Committee notes the Government’s indication that it will take the necessary measures to determine the activities in which light work or employment by children may be authorized. The Committee requests the Government to provide information on any progress achieved in the determination of the activities in which light work or employment by children between 12 and 14 years of age may be authorized, and to provide a copy of the text once it has been adopted.