Worst Forms of Child Labour Convention, 1999 (No. 182) - Mauritania (Ratification: 2001)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3 of the Convention. Worst forms of child labour. Clauses (b) and (c). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances and for illicit purposes.Further to its previous comments the Committee again urges the Government to communicate information on the application in practice of sections 47, 48, 57, 58 and 59 of Ordinance No. 2005–015 for the protection of children under criminal law, with regard to the use, procuring or offering a child under 18 years of age for the purpose of prostitution or pornography. It also requests the Government to provide information on the application in practice of sections 3, 4 and 5, read in conjunction with section 13 of Act No. 93-37 concerning the suppression of the production, trafficking and illicit use of drugs and psychotropic substances, including the number of investigations, prosecutions and convictions handed down in cases of use, procuring or offering a child under 18 years of age for illicit activities.

Article 7(2). Effective and time-bound measures. Clause (b). assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of sale or trafficking. The Committee notes, from the information provided by the Government in respect of the Forced Labour Convention, 1930 (No. 29), that Act No. 2020-017 provides for the establishment of a national board to combat trafficking in persons and migrant smuggling. This board will coordinate with other relevant structures and services to provide the social assistance required by victims of trafficking, including for slavery and slavery-like practices, in order to facilitate their social reintegration and shelter, within the limit of available resources. These measures will be implemented while taking account of victims’ age, sex and specific needs. The board will ensure provision of the medical care required for the physical, and psychological recovery of those victims in need. The conditions and modalities for covering the cost of victim care will be established by decree. The Government indicates that the decree concerning the organization and operation of the board has been adopted by the Council of Ministers and will be implemented shortly. The Committee requests the Government to provide information on progress achieved in establishing the national board to combat trafficking in persons and migrant smuggling. It also requests the Government to provide information on the number of children under 18 years of age who have been withdrawn from sale or trafficking and rehabilitated and socially integrated through this board.

Clause (d). Identify and reach out to children at special risk. 1. HIV/AIDS orphans. Further to its previous comments, the Committee notes with regret that the Government’s report still contains no information regarding measures taken to protect HIV/AIDS orphans from the worst forms of child labour. It notes from the 2021 UNAIDS data that around 11,000 children under 18 years of age have been orphaned as a result of HIV/AIDS. Recalling once more that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee urges the Government to provide information on the specific, time-bound measures taken to ensure that these children are protected from these worst forms of labour.

2. Street children. The Committee previously noted the large number of street children and that there were more boys than girls living or working on the streets, but that girls are less visible and more difficult to identify. The Committee notes with regret that the Government includes no information in this respect in its report. It notes that, in its national report dated 9 November 2020 presented under the Human Rights Council Universal Periodic Review, the Government indicates that the Centre for the Protection and Social Integration of Children (CPISE) and its branches provide protection for street children. They work to locate, identify, support and care for these children (A/HRC/WG.6/37/MRT/1, paragraph 118). Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the number of children, in particular girls, identified, withdrawn and socially rehabilitated through the CPISE or on all other effective, time-bound measures taken.

Article 8. International cooperation. Poverty reduction. Further to its previous comments, the Committee notes from a 2022 UNICEF report on the humanitarian situation of children in Mauritania, that one child in four is living in absolute poverty, and three children in ten are exposed to drought, flooding or suffer from acute malnutrition. Indeed, in 2021, a total of 1,385,278 persons were confronted with food insecurity, with 11.3 per cent suffering from serious forms of food insecurity.

The Committee notes from Mauritania’s report of 9 November 2020 submitted under the Human Rights Council Universal Periodic Review, that in addition to the Strategy for Accelerated Growth and Shared Prosperity (SCAPP) 2016–2030, the National Food Security Strategy (SNSA) is being implemented (A/HRC/WG.6/37/MRT/1, paragraphs 125–127). Within the framework of the SNSA, a Sectoral Strategy for the Rural Sector (SDSR) 2012-2025 has been developed, dealing with issues related to the development of agriculture and livestock. Furthermore, UNICEF is implementing several activities in the country in order to ensure a protective environment for children confronted with humanitarian crises in Mauritania, including: (i) by offering cash transfer programmes to support 140,000 families, of which 70,000 are vulnerable families; (ii) by continuing to promote fair access to good quality education to all children; and (iii) by implementing multisectoral community approaches to accelerate access to basic social services. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to reduce the incidence of poverty among the population, including the most vulnerable communities. It requests the Government to communicate information on the impact of the implementation of the SCAPP, the SNSA, the SDSR and the UNICEF activities on the elimination of the worst forms of child labour.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(a) and 7(1) of the Convention. Slavery or slavery-like practices and penalties. 1. Child victims of slavery. Regarding the measures taken to ensure effective application of Act No. 2015-31 of 10 September 2015 criminalizing slavery and suppressing slavery-like practices, the Committee refers to its detailed comments on the Forced Labour Convention, 1930 (No. 29).

2. Forced or compulsory labour. Begging. The Committee previously noted that section 42(1) of Ordinance No. 2005-015 for 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. It again notes with regret the lack of information on investigations and prosecutions of marabouts who force children to beg. Recalling that even the best legislation is only effective if it is enforced, the Committee again urges the Government to take the necessary steps to ensure the effective application of section 42(1) of Ordinance No. 2005-015 for the protection of children under criminal law. The Committee urges the Government to provide information on this matter, including, for example, the number of marabouts identified as using children for purely economic purposes, the number of prosecutions and the criminal penalties imposed.

3. Sale and trafficking of children. In its previous comments, the Committee noted that, under section 78 of Act No. 2018-024 of 21 June 2018 issuing the General Child Protection Code, any person who subjects a child to trafficking shall be liable to imprisonment of 10 to 20 years.

The Committee notes from the information available in the Government’s report submitted in respect of Convention No. 29, that the new Act No. 2020-017 of 6 August 2020 on the prevention and repression of trafficking in persons and the protection of victims, defines and includes all forms of human trafficking that were not provided for under Act No. 2015-031 criminalizing slavery and suppressing slavery-like practices. It provides adequate sanctions for all forms of trafficking to which persons may be exposed, including forced labour, slavery and slavery-like practices. It also aims to promote national coordination and international cooperation in the field of combatting trafficking in persons. The Government also supplies detailed information on the action undertaken since the entry into force of Act No. 2015-031, including the annual organization of training and awareness-raising activities by the Justice Department, aimed at strengthening the capacities of magistrates, and of the actors in the criminal justice system, including judges, prosecutors, judicial police officers, attorneys, registrars and civil society actors. Moreover, the Committee notes, still according to the Government’s report on Convention No. 29, the data concerning the cases considered by the Supreme Court, the appeal courts and the judicial authorities related to trafficking for the purpose of slavery. The Committee notes however that this data do not include the other forms of trafficking and are not disaggregated by age. The Committee requests the Government to continue its efforts to strengthen the capacities of the entities responsible for the application of legislation to combat the sale and trafficking of children under 18 years of age, including through training and the provision of adequate resources. It also requests the Government to provide information on the application in practice of section 78 of Act No. 2018-024 of 21 June 2018 issuing the General Child Protection Code and of Act No. 2020-017 on the prevention and repression of trafficking in persons and the protection of victims, indicating the number and nature of the violations identified, the prosecutions filed and the penalties imposed, in cases specifically concerning child victims of trafficking under 18 years of age.

Articles 3(d) and 4(1). Hazardous work and determination of hazardous types of work. The Committee previously expressed the firm hope that the Government would adopt the list of hazardous types of work prohibited for children under 18 years of age in the very near future. It notes with satisfaction the adoption of Ordinance No. 0066-2022 of 7 January 2022 concerning the list of hazardous work prohibited for children, which prohibits the employment of children in hazardous work detrimental to their physical or mental health, in any public or private establishment, whether agricultural, commercial or industrial in nature, including where such establishments impart religious or occupational education or are charitable institutions, family enterprises or private households. In this regard, the Ordinance contains a detailed list of the types of hazardous work prohibited to children. Moreover, section 7 provides that the Secretary-General of the Ministry of Labour, the Director-General of Labour and the labour inspectors, as the case may be, are responsible for application of the Ordinance. The Committee requests the Government to provide information on the application in practice of Ordinance No. 0066-2022 concerning the list of hazardous work prohibited for children. In particular, it requests the Government to provide information on the number and nature of the violations identified by the labour inspection and to indicate what sanctions are provided and applied in such cases.

Article 7(2) Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and integration into society. Forced or compulsory labour. Begging. The Committee previously noted the persistent presence of children engaged in begging and requested the Government to continue to indicate the number of child victims of begging who have been removed from the streets and rehabilitated and integrated into society, including by social protection and rehabilitation centres, and to inform the Committee of any other measure taken to identify and remove talibé children from being obliged to beg.

The Committee notes with regret the absence of relevant information in the Government’s report. It notes from Mauritania’s national report of 9 November 2020, presented under the Universal Periodic Review of the Human Rights Council, that a programme has been launched to tackle the practice of begging, and a project for the integration and education of child beggars helping to put an end to this practice is under way (A/HRC/WG.6/37/MRT/1), paragraph 119). The Committee requests the Government to intensify its efforts to remove children under 18 years of age from begging, rehabilitate and integrate them socially. It urges the Government to communicate information in this regard, including on the number of talibé children taken into care by the social protection and rehabilitation centres or rehabilitated within the framework of the programme to tackle the practice of begging.

Clause (c). Access to free basic education. The Committee previously noted that while access to basic education has been improved in primary education, with virtual parity between boys and girls, it remained concerned at the poor quality of the teaching, the low transition rates to secondary school, insufficient monitoring of private and Koranic schools, overcrowding and understaffing in schools and the very high school drop-out rates among girls who are descended from persons subjected to slavery or among black African girls.

The Committee notes with regret that the report lacks information in this respect. It notes the information provided by the Government in Mauritania’s national report of 9 November 2020, submitted under the Universal Periodic Review to the Human Rights Council, concerning the implementation of the education policy, the principal aim of which is to guarantee for all children on the Mauritanian territory a complete and good quality education, by improving educational opportunities, eliminating disparities of all kinds, raising the quality of teaching and introducing a results-based management approach. Within this framework, the measures taken include: (i) increasing the budget allocated to education; (ii) expanding the network of primary schools, particularly in rural areas, and increasing the numbers of teachers; (iii) introducing nutrition programmes and fitting sanitary installations, specifically for girls; (iv) providing school buses for female students in rural areas; (v) granting cash transfers to poor families, subject to sending their children to school (30,512 poor family beneficiaries); and (vi) granting of monthly scholarships to nearly 2,400 girls from disadvantaged backgrounds. Considering that access to free basic education and school attendance are essential to prevent the engagement of children in the worst forms of child labour, the Committee requests the Government to continue its efforts to improve the functioning of the education system in the country, including by increasing the secondary school enrolment and completion rate. It again requests the Government to continue to take the necessary steps to improve access to education in public schools, the quality of teaching, and to combat school drop-outs. Lastly, the Committee urges the Government to provide statistical information on the school enrolment and completion rates at both primary and secondary levels, disaggregated by age and gender.

Clause (e). Particular situation of girls. Domestic work. In its previous comments, the Committee noted that more than half of all domestic workers in Mauritania are children, the majority of them girls, separated from their families and exposed to economic exploitation, violence, discrimination and abuse, including sexual abuse. The Committee noted that the Government explained that contracts for domestic work must be in written form and that abuses in this area are severely punished. The Committee requested the Government to communicate statistical information on the number and nature of penalties imposed on persons who exploit girls in domestic work, and to provide copies of standard employment contracts for domestic workers.

The Committee once more notes with regret that the Government provides no information in this respect in its report. However, the Committee notes that, under the new Ordinance No. 0066-2022 of 7 January 2022 concerning the list of hazardous work prohibited for children, domestic work is included in the sectors of activity prohibited to children under the age of 18 years. The Committee therefore urges the Government to take the necessary measures to ensure the effective implementation of Ordinance No. 0066-2022, thereby putting an end in practice to the exploitation of girls under 18 years of age in domestic work. In this regard, it again requests the Government to provide statistical information on the number and nature of penalties imposed on persons who exploit girls in domestic work and to send copies of standard employment contracts for domestic workers. Lastly, the Committee urges the Government to take the necessary measures to identify and remove girls under 18 years from hazardous domestic work and to provide information on the number of girls removed and rehabilitated and socially integrated.

The Committee is raising other matters in a request made directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Free Confederation of Mauritanian Workers (CLTM) received on 12 June 2019.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously asked the Government to provide information on the application in practice of the penalties established in sections 57, 58 and 59 of Ordinance No. 2005-015, which punish both the procuring of a child for prostitution and the person identified as the child’s client, and sections 47 and 48 of the Ordinance, which punish the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances.

The Committee notes that the Government’s report is once again silent on this matter. The Committee notes that section 72 of Act No. 2018-024 of 21 June 2018 issuing the General Child Protection Code refers to the Ordinance for the protection of children under criminal law with regard to the penalties for sexual exploitation of children. The Committee urges the Government to indicate whether convictions have been handed down pursuant to sections 47, 48, 57, 58 and 59 of Ordinance No. 2005-015 for the protection of children under criminal law.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously asked the Government to take the necessary steps to prohibit the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs, as defined in relevant international agreements, and to adopt appropriate sanctions.

The Committee notes that, under sections 3, 4 and 5 read in conjunction with section 13 of Act No. 93-37 concerning the suppression of the illicit production, trafficking and use of drugs and psychotropic substances, the use of minors for the production, manufacturing and trafficking of high-risk drugs incurs the penalty of imprisonment of 30 to 60 years and a fine. The Committee requests the Government to provide information on the application in practice of sections 3, 4 and 5 read in conjunction with section 13 of Act No. 93-37, including the number of investigations, prosecutions and convictions handed down.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS orphans. The Committee previously asked the Government to provide information on the measures taken to protect HIV/AIDS orphans, especially in the context of the 2015–18 National Strategic Plan for Combating HIV/AIDS.

The Committee notes that the Government’s report does not contain any information on this matter. Recalling that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee once again requests the Government to provide information on the specific time-bound measures taken to ensure that these children are protected from these worst forms of labour. It also requests the Government to indicate whether the 2015–18 National Strategic Plan for Combating HIV/AIDS has been renewed.

2. Street children. The Committee notes that the United Nations Committee on the Rights of the Child (CRC) expressed concern at the large number of street children (CRC/C/MRT/CO/3-5, paragraph 42). The Committee also notes the indication of the National Human Rights Committee, in its 2016 annual report on the situation of children in Mauritania, that there are more boys than girls living or working on the streets but girls are less visible and more difficult to identify. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to identify and remove these children, including girls, from the streets and to rehabilitate them.

Article 8. International cooperation. Poverty reduction. The Committee previously noted that, according to the 2014 report of the National Statistics Office (ONS) quoted in the National Plan of Action on the Elimination of Child Labour (PANETE-RIM), the proportion of working children from poor families is 36 per cent, compared with 8 per cent from richer families. The Committee asked the Government to provide information on the measures taken in the context of the Poverty Reduction Strategy Paper (PRSP III) and the United Nations Development Assistance Framework (UNDAF) to eliminate the worst forms of child labour.

The Committee notes the observations of the CLTM that poverty affects the majority of the population, especially the Haratine and Afro-Mauritanian communities. The Committee notes the absence of information on this matter from the Government. The Committee notes the existence of the Strategy for Accelerated Growth and Shared Prosperity for 2016–30, following on from the Poverty Reduction Strategy Paper (PRSP) for 2016–30. It also notes the information concerning the mission of the Special Rapporteur on extreme poverty and human rights, contained in his report of March 2017, indicating that a large part of the population continues to live in multidimensional poverty, especially the Haratines and Afro-Mauritanians. The Special Rapporteur indicates that the Tadamoun agency, whose role includes poverty reduction and addressing the vestiges of slavery, lacks transparency in the way in which priority areas are determined and that the limited resources allocated to it are not used appropriately (A/HRC/35/26/Add.1). Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to reduce the incidence of poverty among the population, including the Haratine and Afro-Mauritanian communities. Its requests the Government to provide information on the impact of the implementation of the Strategy for Accelerated Growth and Shared Prosperity for 2016–30 and of the activities of the Tadamoun agency with regard to the elimination of the worst forms of child labour.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 12 June 2019.

Articles 3(a) and 7(1) of the Convention. Slavery or slavery-like practices; penalties. 1. Child victims of slavery. The Committee notes Act No. 2015-31 of 10 September 2015 criminalizing slavery and suppressing slavery-like practices, and the setting up in 2016 of three special criminal courts having jurisdiction in matters relating to slavery. Section 7 of the Act of 2015 provides that any person who subjects another to slavery shall be liable to imprisonment of 10 to 20 years and a fine.

The Committee notes the observations of the CLTM, according to which the State must eliminate slavery-like practices.

The Committee notes that the African Committee of Experts on Children’s Rights and Welfare, in its Decision No. 003/2017 of 15 December 2017, observed that Mauritania has not carried out any adequate investigation or prosecution of perpetrators of slavery who compelled two children from the Haratine community to undertake domestic work and herd livestock, seven days a week, without pay or rest, and prevented them from attending school. The Government had imposed a less severe penalty on the perpetrators than the one provided for in Act No. 2007-048 which criminalizes slavery and slavery-like practices. Recalling the importance of the effective implementation of criminal penalties to eliminate the worst forms of child labour, the Committee requests the Government to take the necessary steps to ensure the effective application of Act No. 2015-31 criminalizing slavery and suppressing slavery-like practices. In this regard, the Committee requests the Government to indicate the number of investigations, prosecutions and penalties imposed by the special anti-slavery courts, indicating specifically the cases involving victims under 18 years of age. The Committee also requests the Government to provide information on existing measures enabling child victims of slavery to assert their rights effectively and to enjoy protection.

2. Forced or compulsory labour. Begging. In its previous comments, the Committee noted that section 42(1) of Ordinance No. 2005-015 for 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. 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. It also noted a survey conducted in Nouakchott in 2013, which revealed that begging affected children as young as 3 years of age but mainly involved children between 8 and 14 years of age, that 90 per cent of child beggars were male and 61 per cent of children said that they were instructed to beg by their marabout (religious teacher). The Committee asked the Government to take the necessary steps to ensure the effective implementation of the above-mentioned provisions, particularly by thorough investigation and robust prosecution.

The Committee notes with regret the lack of information on investigations and prosecutions of marabouts who force children to beg. It notes that the United Nations Committee on the Rights of the Child (CRC), indicates in its concluding observations that boys enrolled in Koranic schools are obliged to beg on the streets to meet the financial needs of their marabouts, who exploit and mistreat them (CRC/C/MRT/CO/3-5, paragraphs 40 and 41). Recalling that even the best legislation is only effective if it is enforced, the Committee urges the Government to take the necessary steps to ensure the effective application of section 42(1) of Ordinance No. 2005-015 for the protection of children under criminal law. The Committee requests the Government to provide information on this matter, including, for example, the number of marabouts identified as using children for purely economic purposes, the number of prosecutions and the criminal penalties imposed.

3. 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. It observed 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. The Committee asked 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.

The Committee notes that the Government does not provide any information on this matter in its report. It also notes that, under section 78 of Act No. 2018-024 of 21 June 2018 issuing the General Child Protection Code, any person who subjects a child to trafficking shall be liable to imprisonment of 10 to 20 years. The Committee requests the Government to take the necessary steps to eliminate the sale and trafficking of children for exploitation. In this regard, the Committee requests the Government to provide information on the application in practice of Act No. 025/2003 concerning the suppression of trafficking in persons and section 78 of Act No. 2018-024 issuing the General Child Protection Code, indicating the number and nature of offences reported, prosecutions initiated and penalties imposed in cases involving child victims of trafficking. It also requests the Government to provide information on the measures taken in the context of the PANETE–RIM to combat the trafficking of children.

Articles 3(d) and 4(1). Hazardous work. Identification of hazardous types of work. In its previous comments, the Committee noted objective 1.2 of the PANETE–RIM providing for the drawing up of a list of hazardous types of work in accordance with the Convention and section 247 of the Act issuing the Labour Code (prohibition of certain types of work for children under 18 years of age). The Committee expressed the firm hope that the list of hazardous types of work prohibited for children under 18 years of age would be adopted in the near future.

The Committee notes the Government’s indication, in its report on the Minimum Age Convention, 1973 (No. 138), that in the context of the “MAP 16” project launched in Nouakchott in March 2019, the list of hazardous types of work is being drawn up. The Government explains that legislation relating to this list will be adopted by the end of 2019. The Committee also notes section 76 of Act No. 2018-024 of 21 June 2018 issuing the General Child Protection Code, which prohibits hazardous work for children under 18 years of age, replicating the criteria for determining hazardous work set out in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee expresses the firm hope that the Government will take the necessary steps in the very near future to adopt the list of hazardous types of work prohibited for children under 18 years of age, in consultation with the social partners. The Committee requests the Government to send a copy of the legislative text once it has been adopted.

Article 5. Monitoring mechanisms and application of the Convention in practice. In its previous comments, the Committee expressed concern at the situation of children engaged in the worst forms of child labour in Mauritania, including hazardous work. It observed that, according to the 2015 report on child labour in Mauritania, children work in sectors including mechanical engineering, fishing, agriculture, herding, small-scale commerce, as domestic workers or cart drivers, in hazardous conditions including the risk of road accidents, transportation of heavy loads, with most of them working on the streets and for long hours, and sometimes suffering violence. It also noted that, according to the survey related to the 2015 report on child labour in Mauritania, local labour inspections do not cover the issues of the labour and trafficking of children and are lacking in human and financial resources. The Committee requested the Government to take immediate and effective steps to ensure the protection of children in practice against the worst forms of child labour, to strengthen the capacities of the labour inspectorate as a matter of urgency, and to provide information on inspections of the worst forms of child labour.

The Committee notes with regret the lack of information from the Government. It notes the Government’s indication, in its 2017 comments on the Labour Inspection Convention, 1947 (No. 81), that ten new labour inspectors and nine new labour controllers had just been appointed to different inspection departments. It also referred to a project that was being negotiated to equip the inspection services with vehicles and computer equipment needed for the due performance of their tasks.

The Committee further notes the statistics in the September 2018 report on the survey of child labour in agriculture in Mauritania, produced jointly by the Government and the ILO, which indicate that 77.1 per cent of working children who responded to the survey are unpaid family workers. According to this report, more than one third (37.2 per cent) of interviewed child workers between 5 and 17 years of age said that they had been exposed to dangers and hazards connected with agricultural activities, such as injuries from tools and exposure to chemicals. The survey also indicates that 56 per cent of children interviewed said that they had suffered physical abuse at work and 66.7 per cent had been exposed to psychological abuse. The Committee is bound to express deep concern at the number of children who are involved in the worst forms of child labour, including hazardous work. The Committee therefore urges the Government to take all the necessary steps to monitor and combat the worst forms of child labour, particular hazardous work. In this regard, it requests the Government to take measures to strengthen the capacities of the labour inspectorate, particularly in the informal economy. It requests the Government to send, as soon as possible, extracts from labour inspection reports relating to the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and integration into society. Forced or compulsory labour. Begging. In its previous comments, the Committee noted 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 had been enrolled in schools. However, the Committee noted the persistent presence of children engaged in begging, according to the 2015 report on child labour in Mauritania, and asked 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, and to indicate any other measures taken to identify talibé children who are forced to beg, and to remove them from such situations.

The Committee notes that the Government does not provide any information on this matter. It notes the Government’s indication, at the time of submitting Mauritania’s report to the CRC in September 2018, that in order to put an end to the system of exploited talibé children, a network of social protection and rehabilitation centres was providing care for street children, with a view to their integration in school and vocational training. As a result of these centres, 3,200 children have been enrolled in school and access to vocational training has been enabled for 1,651 children. The Committee requests the Government to continue taking measures to remove children under 18 years of age from begging and to ensure their rehabilitation and integration in society, as well as to provide information in this regard, including on the number of talibé children cared for by the social protection and rehabilitation centres. The Committee encourages the Government to establish a time-bound programme to ensure that children under 18 years of age who engage in begging enjoy the protection established by the Convention.

Clause (c). Access to free basic education. In its previous comments, the Committee noted that in 2013, according to UNESCO estimates, the school attendance rate was 73.1 per cent at primary level and 21.6 per cent at secondary level. According to the 2015 survey of child labour in Mauritania, dropping out of school is one of the main reasons for the presence of large numbers of children on the labour market in Nouakchott. The Committee asked the Government to continue its efforts to improve the functioning of the education system.

The Committee notes the Government’s indications that regional child protection boards and communal child protection systems have been set up, including for the purpose of taking action against dropping out of school. The Government explains that these systems have enabled 5,084 children (2,560 girls and 2,578 boys) to be re-enrolled in school in three wilayas (regions) and to receive school kits and extra tuition, where necessary. The Government indicates, in its report under Convention No. 138 that it is developing awareness-raising measures, such as action in the form of a caravan visiting some 20 rural districts, one of the goals being to promote school enrolment for girls. It also explains that it is giving special attention to the education of girls from disadvantaged social and family backgrounds and that it aims to promote specific partnerships, if necessary, to combat educational wastage. The Committee notes that, according to UNESCO estimates, the net school enrolment rate in 2018 was 79.57 per cent for primary education and 30.98 per cent for secondary education.

The Committee notes the information accessible on the sustainable development goals knowledge platform, indicating that universal access to basic education has been improved, with virtual parity between girls and boys in primary education. However, this same information indicates that the quality of teaching remains poor. It also refers to the adoption of the Tekavoul national programme for monetary transfers, involving conditions related to school attendance and health for children and their mothers, and aimed at covering the 100,000 poorest households.

The Committee notes that the CRC expressed concern at the poor quality of education, low transition rates to secondary school, and insufficient monitoring of private and Koranic schools. It highlighted the closure of six public schools in Nouakchott, and stated that the proliferation of private schools makes access to quality education difficult for children living in disadvantaged or vulnerable situations (CRC/C/MRT/CO/3-5, paragraph 35). Moreover, the United Nations Special Rapporteur on extreme poverty and human rights, in his March 2017 report on his mission to Mauritania, stated that the schools which he had visited were hugely overcrowded and grossly understaffed (A/HRC/35/26/Add.1). The Committee also notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of May 2018, expressed concern at the very high school drop-out rates among girls who are descended from persons subjected to slavery or among black African girls (CERD/C/MRT/CO/8-14, paragraph 19). Considering that access to education and school attendance are essential to prevent the engagement of children in the worst forms of child labour, the Committee requests the Government to continue its efforts to improve the functioning of the education system in the country, including by increasing the secondary school enrolment and completion rate. It requests the Government to take the necessary steps to improve access to education in public schools, the quality of teaching, and to combat school drop-outs. Lastly, the Committee requests the Government to provide statistical information on the school enrolment and completion rates at both primary and secondary levels.

Clause (e). Particular situation of girls. Domestic work. In its previous comments, the Committee noted the observation of the International Trade Union Confederation (ITUC) that many girls are forced into unpaid domestic service. It also noted the information in the PANETE–RIM to the effect that child domestic workers account for 17.28 per cent of children covered by the survey, the majority of whom are girls who do not attend school, work more than 16 hours a day and who experience various problems, including abuse, rape and unpaid wages. The Committee also observed that, according to the survey related to the 2015 report on child labour in Mauritania, domestic work is traditionally done by the daughters of former slaves and resembles the work previously done by their own enslaved mothers. The Committee therefore asked 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.

The Committee notes with regret that the Government does not provide information on this matter in its report. It notes that the CRC, in its concluding observations of November 2018, expressed concern at the fact that more than half of all domestic workers in Mauritania are children, the majority of them girls, and that such children are not only separated from their families but are also exposed to economic exploitation, violence, discrimination and abuse, including sexual abuse. The CRC also expressed concern at reports of the existence of caste-based slavery, which has a particular impact on girls in domestic service (CRC/C/MRT/CO/3-5, paragraphs 24 and 40). The Committee is bound to express its deep concern at the situation of girl domestic workers in Mauritania.

The Committee notes that the Government, at the time of submitting its report to the CRC in September 2018, explained that contracts for domestic work must be in written form and that abuses in this area were severely punished. The Committee therefore urges the Government to take the necessary steps to put an end in practice to the exploitation of girls in domestic work. In this regard, it requests the Government to provide statistical information on the number and nature of penalties imposed on persons who exploit girls under the age of 18 in domestic work and to send copies of standard employment contracts for domestic workers. Lastly, the Committee requests the Government to provide information on the number of child victims of exploitation in domestic work who have been withdrawn from this worst form of child labour and who have been rehabilitated and integrated into society.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the Government’s indication that Act No. 025/2003 concerning the suppression of trafficking in persons covers the use, procuring or offering of a child for illicit activities. However, the Committee noted that this Act does not appear to prohibit this worst form of child labour in conformity with Article 3(c) of the Convention. Noting with regret that the Government’s report contains no information on this matter, the Committee urges the Government to take the necessary steps to ensure the prohibition and elimination of the use, procuring or offering of a child under 18 years of age for illicit activities, including the production and trafficking of drugs, as defined in the relevant international agreements, in accordance with Article 3(c) of the Convention. It also requests the Government to adopt appropriate sanctions.

Articles 3(d) and 4(1). Hazardous work. Identification of hazardous types of work. Further to its previous comments, the Committee takes due note of objective 1.2 of the National Plan of Action for the Elimination of Child Labour 2015–20 (PANETE–RIM) providing for the drawing up of a list of hazardous types of work in accordance with the Convention and section 247 of the Act issuing the Labour Code (prohibition of certain types of work for children under 18 years of age). The Committee expresses the firm hope that the list of hazardous types of work prohibited for children under 18 years of age will be adopted in the near future, in consultation with the social partners. It requests the Government to send a copy of the list, once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted that 40 labour inspectors and supervisors have been trained and a new labour inspectorate has been established, which will contribute to reducing child labour and facilitating the integration of these children in the economic and social fabric of Mauritania. The Committee noted, however, that, according to the International Trade Union Confederation (ITUC), the labour inspection services lack the financial and human resources to enforce the legislation on child labour in Mauritania.

The Committee notes that the Government’s report does not contain any information on this matter. The Committee 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, the local labour inspectorates do not concern themselves with issues of child labour and trafficking and have insufficient human and financial resources (page 39). The Committee also notes that, according to the comments on the Labour Inspection Convention, 1947 (No. 81), published in 2015, the Government reported that labour inspectors’ equipment and material resources have improved. It notes the indication of the Free Confederation of Mauritanian Workers (CLTM) that the problems concerning material resources are persisting, thereby preventing inspectors from performing their duties properly. The Government mentions that another three new inspectorates have been established, including one at provincial level (Articles 10, 11 and 16 of Convention No. 81). The Committee also notes with concern that, according to the same comments, no annual inspection report has been sent by the Government despite the indication in June 2013 that this report was being finalized and would be sent to the ILO very soon (Articles 20 and 21 of Convention No. 81). In this regard, the Committee notes that the Government has formally requested technical assistance from the ILO. The Committee requests the Government to step up its efforts to strengthen the capacity of the labour inspectorate as a matter of urgency. It also requests the Government to provide information on inspections carried out by the labour inspectorate regarding breaches of the national legislation giving effect to the provisions of the Convention, and to send reports or documents prepared by the labour inspectorate relating to the worst forms of child labour.

Article 7(1). Sanctions. In its previous comments, the Committee asked the Government to provide information on the application in practice of the sanctions envisaged in various provisions of Ordinance No. 2005-015 concerning the protection of children under criminal law.

The Committee notes that the Government’s report contains no information on this matter. The Committee again requests the Government to provide information on the application in practice of the penalties established in sections 57, 58 and 59 of Ordinance No. 2005-015, which penalize both the procuring of a child for prostitution and the person identified as the child’s client, and sections 47 and 48 of the Ordinance, which punish the use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (c). Access to free basic education. In its previous comments, the Committee noted that, in 2009, 79 per cent of girls and 74 per cent of boys attended primary school, whereas only 15 per cent of girls and 17 per cent of boys went on to secondary education. The Committee also observed that many features of the education system were dysfunctional.

The Committee notes the Government’s information provided in relation to the application of the Minimum Age Convention, 1973 (No. 138), according to which the Centre for the Protection and Social Integration of Children (CPISE) has placed 1,180 out-of-school children back in education and 600 children in vocational training over the last three years. The Centre also distributed 800 educational kits to children and implemented 120 projects for income-generating activities for families with working children. The Government also reports having taken positive discrimination measures to encourage the school enrolment of girls, including a quota of supplementary scholarships for girls, transport for girls and the distribution of educational kits. However, the Committee notes the information contained in the 2013 UNICEF annual report, according to which, despite the Government’s efforts relating to the creation of school infrastructure, problems remain regarding teachers’ qualifications, availability of textbooks, and unfinished and unattractive schools (page 18). It also points out that, according to the 2015 legislative survey, the CPISE, despite the resources made available and its new branches in three wilayas (regions), remains technically under-equipped to achieve its tasks. The Committee also notes a low primary school attendance rate (73.1 per cent) and a very low secondary school attendance rate (21.6 per cent), according to UNESCO estimates for 2013. In this respect, it observes that one of the objectives of the PANETE–RIM is to promote the school enrolment of children through subsidies and bursaries for children from the most disadvantaged families, to formulate and implement awareness-raising programmes and to build, renovate and equip classrooms (objective 4.1). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to improve the operation of the education system, particularly by increasing the school attendance rate and reducing the school drop-out rate. It requests the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans. Further to its previous comments emphasizing the large number of HIV/AIDS orphans in Mauritania, the Committee notes that the Government’s report does not contain any information on the measures taken in favour of HIV/AIDS orphans, or any recent statistical data. The Committee notes the 2014 activity report on the response to AIDS in Mauritania, produced jointly by UNAIDS and the National Committee Against AIDS, which states that a national strategic plan for combating HIV/AIDS is being implemented, comprising a national strategy for HIV/AIDS orphans. The Committee also notes the validation of the 2015–18 National Strategic Plan for Combating HIV/AIDS. The Committee again observes that HIV/AIDS has a negative impact on orphans since they are at greater risk of becoming involved in the worst forms of child labour. The Committee encourages the Government to intensify its efforts to protect HIV/AIDS orphans and requests it to provide information on the specific time-bound measures taken, particularly in the context of the National Strategic Plan for Combating HIV/AIDS, to prevent the engagement of these children in the worst forms of child labour.

Article 8. International cooperation. Poverty reduction. Further to its previous comments, the Committee notes that the PANETE–RIM forms part of the United Nations Development Assistance Framework (UNDAF) and the Poverty Reduction Strategy Paper (PRSP III). The Committee further notes that, according to the 2014 report from the National Statistics Office (ONS) quoted in the PANETE–RIM, the proportion of working children from poor families is 36 per cent, compared with 8 per cent from richer families. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee urges the Government to provide information on the measures taken in the context of the PRSP III and UNDAF to eliminate the worst forms of child labour.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the Government’s indication that Act No. 025/2003 concerning the suppression of trafficking in persons covers the use, procuring or offering of a child for illicit activities. However, the Committee noted that this Act does not appear to prohibit this worst form of child labour in conformity with Article 3(c) of the Convention. Noting with regret that the Government’s report contains no information on this matter, the Committee urges the Government to take the necessary steps to ensure the prohibition and elimination of the use, procuring or offering of a child under 18 years of age for illicit activities, including the production and trafficking of drugs, as defined in the relevant international agreements, in accordance with Article 3(c) of the Convention. It also requests the Government to adopt appropriate sanctions.

Articles 3(d) and 4(1). Hazardous work. Identification of hazardous types of work. Further to its previous comments, the Committee takes due note of objective 1.2 of the National Plan of Action for the Elimination of Child Labour 2015–20 (PANETE-RIM) providing for the drawing up of a list of hazardous types of work in accordance with the Convention and section 247 of the Act issuing the Labour Code (prohibition of certain types of work for children under 18 years of age). The Committee expresses the firm hope that the list of hazardous types of work prohibited for children under 18 years of age will be adopted in the near future, in consultation with the social partners. It requests the Government to send a copy of the list, once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted that 40 labour inspectors and supervisors have been trained and a new labour inspectorate has been established, which will contribute to reducing child labour and facilitating the integration of these children in the economic and social fabric of Mauritania. The Committee noted, however, that, according to the International Trade Union Confederation (ITUC), the labour inspection services lack the financial and human resources to enforce the legislation on child labour in Mauritania.

The Committee notes that the Government’s report does not contain any information on this matter. The Committee 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, the local labour inspectorates do not concern themselves with issues of child labour and trafficking and have insufficient human and financial resources (page 39). The Committee also notes that, according to the comments on the Labour Inspection Convention, 1947 (No. 81), published in 2015, the Government reported that labour inspectors’ equipment and material resources have improved. It notes the indication of the Free Confederation of Mauritanian Workers (CLTM) that the problems concerning material resources are persisting, thereby preventing inspectors from performing their duties properly. The Government mentions that another three new inspectorates have been established, including one at provincial level (Articles 10, 11 and 16 of Convention No. 81). The Committee also notes with concern that, according to the same comments, no annual inspection report has been sent by the Government despite the indication in June 2013 that this report was being finalized and would be sent to the ILO very soon (Articles 20 and 21 of Convention No. 81). In this regard, the Committee notes that the Government has formally requested technical assistance from the ILO. The Committee requests the Government to step up its efforts to strengthen the capacity of the labour inspectorate as a matter of urgency. It also requests the Government to provide information on inspections carried out by the labour inspectorate regarding breaches of the national legislation giving effect to the provisions of the Convention, and to send reports or documents prepared by the labour inspectorate relating to the worst forms of child labour.

Article 7(1). Sanctions. In its previous comments, the Committee asked the Government to provide information on the application in practice of the sanctions envisaged in various provisions of Ordinance No. 2005-015 concerning the protection of children under criminal law.

The Committee notes that the Government’s report contains no information on this matter. The Committee again requests the Government to provide information on the application in practice of the penalties established in sections 57, 58 and 59 of Ordinance No. 2005-015, which penalize both the procuring of a child for prostitution and the person identified as the child’s client, and sections 47 and 48 of the Ordinance, which punish the use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (c). Access to free basic education. In its previous comments, the Committee noted that, in 2009, 79 per cent of girls and 74 per cent of boys attended primary school, whereas only 15 per cent of girls and 17 per cent of boys went on to secondary education. The Committee also observed that many features of the education system were dysfunctional.

The Committee notes the Government’s information provided in relation to the application of the Minimum Age Convention, 1973 (No. 138), according to which the Centre for the Protection and Social Integration of Children (CPISE) has placed 1,180 out-of-school children back in education and 600 children in vocational training over the last three years. The Centre also distributed 800 educational kits to children and implemented 120 projects for income-generating activities for families with working children. The Government also reports having taken positive discrimination measures to encourage the school enrolment of girls, including a quota of supplementary scholarships for girls, transport for girls and the distribution of educational kits. However, the Committee notes the information contained in the 2013 UNICEF annual report, according to which, despite the Government’s efforts relating to the creation of school infrastructure, problems remain regarding teachers’ qualifications, availability of textbooks, and unfinished and unattractive schools (page 18). It also points out that, according to the 2015 legislative survey, the CPISE, despite the resources made available and its new branches in three wilayas (regions), remains technically under-equipped to achieve its tasks. The Committee also notes a low primary school attendance rate (73.1 per cent) and a very low secondary school attendance rate (21.6 per cent), according to UNESCO estimates for 2013. In this respect, it observes that one of the objectives of the PANETE-RIM is to promote the school enrolment of children through subsidies and bursaries for children from the most disadvantaged families, to formulate and implement awareness-raising programmes and to build, renovate and equip classrooms (objective 4.1). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to improve the operation of the education system, particularly by increasing the school attendance rate and reducing the school drop-out rate. It requests the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans. Further to its previous comments emphasizing the large number of HIV/AIDS orphans in Mauritania, the Committee notes that the Government’s report does not contain any information on the measures taken in favour of HIV/AIDS orphans, or any recent statistical data. The Committee notes the 2014 activity report on the response to AIDS in Mauritania, produced jointly by UNAIDS and the National Committee Against AIDS, which states that a national strategic plan for combating HIV/AIDS is being implemented, comprising a national strategy for HIV/AIDS orphans. The Committee also notes the validation of the 2015–18 National Strategic Plan for Combating HIV/AIDS. The Committee again observes that HIV/AIDS has a negative impact on orphans since they are at greater risk of becoming involved in the worst forms of child labour. The Committee encourages the Government to intensify its efforts to protect HIV/AIDS orphans and requests it to provide information on the specific time-bound measures taken, particularly in the context of the National Strategic Plan for Combating HIV/AIDS, to prevent the engagement of these children in the worst forms of child labour.

Article 8. International cooperation. Poverty reduction. Further to its previous comments, the Committee notes that the PANETE-RIM forms part of the United Nations Development Assistance Framework (UNDAF) and the Poverty Reduction Strategy Paper (PRSP III). The Committee further notes that, according to the 2014 report from the National Statistics Office (ONS) quoted in the PANETE-RIM, the proportion of working children from poor families is 36 per cent, compared with 8 per cent from richer families. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee urges the Government to provide information on the measures taken in the context of the PRSP III and UNDAF to eliminate the worst forms of child labour.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments the Committee noted that, according to the Government, Act No. 025/2003 to suppress the trafficking of persons applies to the use, procuring or offering of a child for illicit activities. It noted, however, that the Act does not appear to prohibit this worst form of child labour in accordance with Article 3(c) of the Convention. Noting with regret that the Government’s report contains no information on this matter, the Committee urges the Government to take the necessary steps to ensure the prohibition and elimination of the use, procuring or offering of a child under 18 years of age for illicit activities, including the production and trafficking of drugs, as defined in relevant international agreements, in accordance with Article 3(c) of the Convention. It also asks the Government to adopt appropriate sanctions.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted that international cooperation projects for the reinforcement of the labour administration had been launched in the country, but that the inadequacy of the human and financial resources of the labour inspectorate constituted a major obstacle to the discharge of its supervisory functions, particularly in such fields as child labour. The Committee noted that the capacities of the labour inspection system had been reinforced in terms of human, material and financial resources and that ten new labour inspectors and ten new labour supervisors had been trained and recruited.

The Committee noted that according to the information sent by the Government under the Minimum Age Convention, 1973 (No. 138), 40 labour inspectors and supervisors have been trained and a new labour inspectorate was established in 2010 which will contribute to reducing child labour and facilitating the integration of these children in the economic and social fabric of Mauritania. The Committee noted, however, from a report submitted by the International Trade Union Confederation (ITUC) to the General Council of the World Trade Organization for the review of the trade policies of Guinea and Mauritania on 28 and 30 September 2011, the labour inspection services lack the financial and human resources to enforce the legislation on child labour in Mauritania. Consequently, the Committee asks the Government to redouble its efforts to build the capacity of the labour inspectorate as a matter of urgency. It also asks the Government to provide information on inspections carried out by the labour inspectorate regarding breaches of the national legislation giving effect to the provisions of the Convention, and to provide reports or documents prepared by the labour inspectorate pertaining to the worst forms of child labour.

Article 6. Programmes of action. In its previous comments, the Committee asked the Government to indicate whether action programmes had been prepared with a view to eliminating the worst forms of child labour, and to provide information on their implementation.

The Committee noted with concern the allegation of the General Confederation of Workers of Mauritania (CGTM) that the Government has no coherent and concerted policy for remedying child labour and the worst forms thereof, although Mauritania has ratified the Convention.

The Committee noted the Government’s statement that, thanks to its resolve, awareness at both national and local levels of the problems related to the situation of children has led to significant mobilization. It observed that, in its concluding remarks of 17 June 2009, the Committee on the Rights of the Child (CRC) urged the Government to seek the support of the ILO in developing and implementing a plan of action to prevent and combat child labour (CRC/C/MRT/CO/2, paragraph 76). Consequently, the Committee strongly encourages the Government to develop and implement a national plan of action to eliminate the worst forms of child labour as a priority and as a matter of urgency. It asks the Government to provide information on progress made in this regard.

Article 7(1). Sanctions. In its previous comments, the Committee requested the Government to provide information on the application in practice of the sanctions envisaged in various provisions of Ordinance No. 2005-015 on the protection of children under penal law.

The Committee noted with regret the absence of any such information in the Government’s report. The Committee again asks the Government to provide information on the application in practice of the sanctions established in sections 57, 58 and 59 of Ordinance No. 2005-015, which punish both the procuring of a child for prostitution and the person found to be the child’s customer, and sections 47 and 48 of the Ordinance which punish the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (a). Access to free basic education. In its previous comments, the Committee noted that UNICEF was conducting activities in Mauritania, particularly in the area of education, and that, according to UNICEF, the primary school attendance rate was only 44 per cent. UNICEF nonetheless deemed that Mauritania had made progress in a number of areas, including basic education and education for girls. Despite the Government’s efforts, the Committee expressed deep concern at the persistence of these low school attendance rates.

The Committee noted that, according to UNICEF’s statistics for 2009, 79 per cent of girls and 74 per cent of boys attend primary school, whereas only 15 per cent of girls and 17 per cent of boys go on to secondary education. Furthermore, the Committee observed that, in its concluding observations of 17 June 2009, the CRC remains concerned that free primary education is still not guaranteed for all children, and at the high rate of illiteracy, particularly among girls, and the regional disparities in access to education. It also remained concerned at the low transition rates to secondary school, the large number of school drop-outs, the overcrowding of classrooms, the limited provision for vocational training, the insufficient number of trained teachers and of available school facilities, and the poor quality of education (CRC/C/MRT/CO/2, paragraph 65). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to step up its efforts to improve the running of the education system, in particular by increasing the school enrolment rate and lowering the school drop-out rate, particularly among girls. It asks the Government to provide information on results obtained.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans. Further to its previous comments, the Committee noted that according to the 2010 UNGASS report for Mauritania, the number of HIV/AIDS orphans rose from 1,740 in 2004 to 3,860 in 2010. The Committee also noted that a National Strategic Framework to combat sexually transmissible infections, HIV and AIDS (STI/HIV/AIDS) was developed in 2009 for the period 2010–14. The Committee observed that HIV/AIDS has negative consequences for orphans since they are at greater risk of being engaged in the worst forms of child labour. The Committee encourages the Government to step up its efforts to protect children who are HIV/AIDS orphans and asks it to provide information on the specific time-bound measures taken, in the course of implementing the National Strategic Framework to combat STI/HIV/AIDS, to prevent these children from being engaged in the worst forms of child labour.

Article 8. International cooperation. Poverty reduction. In its previous comments, the Committee noted that, according to information in the second periodic report submitted by Mauritania to the CRC in July 2008 (CRC/C/MRT/2, paragraph 243), there is “a perfect correlation between the poverty level and the level of child labour. The four poorest regions have the highest rates of child labour between the ages of 5 and 14 (Guidimakha, Gorgol, Assaba, Hodh Gharbi), while the rates are lower in the richest regions (Nouadhibou – 4.2 per cent; Tiris Zemour – 16.4 per cent; Nouakchott – 25.1 per cent)”. The Government stated that it had included a set of measures for children in its Poverty Reduction Strategy Paper (PRSP).

The Committee noted the information sent by the Government to the effect that it is building the capacity of the Commissariat for Human Rights, Poverty Reduction and Integration (CDHLPI), which plays a cross-cutting role in the promotion and protection of human rights and in combating poverty. The Committee nonetheless observed with regret that the Government provides no information on the impact of the PRSP and the activities of the CDHLPI in combating poverty while protecting children against the worst forms of child labour. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee urges the Government to provide information on the measures taken under the PRSP, and on the activities conducted by the CDHLPI, to eliminate the worst forms of child labour.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee noted the communication of 22 August 2011 from the General Confederation of Workers of Mauritania (CGTM), and the Government’s report.

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 to suppress the trafficking of persons. The Committee also noted that, according to a UNICEF report on trafficking in persons with particular reference to women and children in West and Central Africa, in the streets of Dakar there are boy talibés from neighbouring countries, including Mauritania, who have been brought to the city by their Koranic masters (marabouts). According to the same report, there is also child trafficking inside Mauritania in which talibé children from rural areas beg on the streets of Nouakchott. The Committee observed that Mauritania appeared to be a country of origin for the trafficking of children for the purpose of exploiting their labour.

The Committee once again expresses concern at the situation of child victims of trafficking, and 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 the purposes of sexual exploitation or exploitation of their labour. The Committee again requests the Government to provide information on the application of Act No. 025/2003 of 17 July 2003 to suppress the trafficking of persons in practice, including statistics on the number and nature of offences reported, investigations held, prosecutions, convictions and penal sanctions applied.

2. Forced or compulsory labour. Begging. In its previous comments, the Committee noted that section 42(1) of Ordinance No. 2005-015 on the protection of children under penal law provides that the act of causing a child to beg or directly employing a child to beg is punishable by imprisonment of one to six months or a fine of 100,000 ouguiyas. The Committee nonetheless noted that a UNICEF study entitled “Child Labour in Mauritania” indicated that, according to a study of July 2003 by the National Children’s Council (CNE), observations in the field suggested that street children tended to be beggars who give a daily account of their begging activities to their marabouts.

The Committee noted that, according to the CGTM, teachers in religious schools force children onto to the streets to beg, exposing them to crime and the danger of assault on their integrity.

The Committee noted that, in its concluding observations of 17 June 2009, the CRC expressed concern over the lack of protection for talibé children, who are forced by marabouts to beg in slavery-like conditions (CRC/C/MRT/CO/2, paragraph 73). The Committee also noted that, in her report of 24 August 2010 to the Human Rights Council, the Special Rapporteur on contemporary forms of slavery stated that, although she had been informed that the Government was working with religious leaders to put an end to this practice, many did not consider forced begging to be a form of slavery (A/HRC/15/20/Add.2, paragraph 46). The Minister of Families, Children and Social Affairs nonetheless informed the Special Rapporteur of the collaboration between her and the Ministry of the Interior to address the issue of street children, some of whom are talibés in Nouakchott. There appears to be a specialized police force which is trained to work with children, and the services of the Minister of the Interior monitor madrassas to ensure that children are not encouraged to go begging for their religious teachers (paragraph 75).

The Committee nevertheless noted with regret that the Government provides no information on this matter in its report. It again noted with deep concern that children are being used for purely economic purposes, in other words children are being are being exploited for their labour by certain marabouts. The Committee again pointed out to the Government that, according to Article 1 of the Convention, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour and that, in conformity with 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 urges the Government to take the necessary measures to ensure that thorough investigations are carried out and completed and that marabouts who use children under 18 years of age for purely economic purposes are effectively prosecuted and punished by effective and sufficiently dissuasive penalties. The Committee requests the Government to provide information on the number of talibé children identified by the special police unit and the services of the Minister of the Interior, and requests it to take the necessary steps to build the capacity of law enforcement bodies.

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 noted that, in her report, the Special Rapporteur on contemporary forms of slavery indicates that the Ministry of the Interior informed her that talibé children are offered education or vocational training and provided with shelter (A/HRC/15/20/Add.2, paragraph 75). The Committee nonetheless noted with regret that the Government provides no information on this matter in its report. It also observed that, in its concluding observations of 17 June 2009, the CRC likewise expressed concern at the lack of information on the measures adopted by Mauritania to identify and protect children working or living in the street (CRC/C/MRT/CO/2, paragraph 73). The Committee urges the Government to indicate the number of child victims of begging who have been removed from the street and rehabilitated and integrated into society, particularly by the centre for the protection and social integration of children in difficult situations or by the services of the Ministry of the Interior. The Committee also requests the Government to indicate any other effective time-bound measures taken to prevent children under 18 years of age from falling victim to forced or compulsory labour, such as begging, and 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 schooling or no schooling at all. Furthermore, according to the results of a survey on girls in Mauritania which was cited in a UNICEF study entitled “Child Labour in Mauritania”, girls could be recruited as from 8 years of age, and 32 per cent of the girls questioned during the survey were under 12 years of age.

The Committee noted that, according to the CGTM, domestic work amounts to 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, in a report it submitted to the General Council of the World Trade Organization for the trade policy reviews of Guinea and Mauritania on 28 and 30 September 2011, that many girls are forced into unpaid domestic service and are particularly vulnerable to exploitation. The Committee also noted that, in its concluding observations of 17 June 2009, the CRC expressed particular concern at the situation of girls who work as domestic servants in exploitative slavery-like conditions (CRC/C/MRT/CO/2, paragraph 75).

The Committee noted with regret that the Government provides no information on this matter in its report. It again pointed out that small girls, particularly those employed as domestic servants, are often the victims of exploitation, which can take many different forms, and that it is difficult to supervise their conditions of employment in view of the clandestine nature of their work. It therefore urges the Government to take 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 in society, in particular through the activities of the El Mina Centre for the Protection of Children and the Dar Naim pilot project. The Committee requests the Government to provide information on progress made in this regard. Lastly, it urges the Government to provide information on the development and conclusions of the two surveys under way in the country.

Application of the Convention in practice. The Committee noted that, according to the report of 24 August 2010 of the Special Rapporteur on contemporary forms of slavery, children under 13 years of age work in all sectors of activity in Mauritania. In rural areas, enslaved children usually work taking care of livestock, cultivating subsistence crops and performing domestic work and other significant labour in support of their masters’ activities. Children live in slavery-like conditions in urban areas and are often found working in domestic households (A/HRC/15/20/Add.2, paragraphs 42–45). The Committee noted however that, in its concluding observations of 17 June 2009, the CRC expressed particular concern at the lack of comprehensive documentation on the incidence of child labour and effective measures to ensure that children are protected from economic exploitation and the worst forms of child labour and that they can exercise their right to education (CRC/C/MRT/CO/2, paragraph 75). The Committee expresses concern at the situation of children engaged in hazardous work and in slavery-like conditions, and therefore urges the Government to take immediate and effective measures to ensure protection in practice for these children against this worst form of child labour. It also requests the Government to provide statistics of the nature, extent and tendencies of worst forms of child labour, particularly as concerns the sale and trafficking of children begging in the streets. It also requests the Government to provide information on the number and nature of the offences reported, investigations and prosecutions, and convictions and the penal sanctions imposed. To the extent possible, all information provided should be disaggregated by sex and age.

The Committee recalls that it raised other matters 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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments the Committee noted that, according to the Government, Act No. 025/2003 to suppress the trafficking of persons applies to the use, procuring or offering of a child for illicit activities. It noted, however, that the Act does not appear to prohibit this worst form of child labour in accordance with Article 3(c) of the Convention. Noting with regret that the Government’s report contains no information on this matter, the Committee urges the Government to take the necessary steps to ensure the prohibition and elimination of the use, procuring or offering of a child under 18 years of age for illicit activities, including the production and trafficking of drugs, as defined in relevant international agreements, in accordance with Article 3(c) of the Convention. It also asks the Government to adopt appropriate sanctions.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted that international cooperation projects for the reinforcement of the labour administration had been launched in the country, but that the inadequacy of the human and financial resources of the labour inspectorate constituted a major obstacle to the discharge of its supervisory functions, particularly in such fields as child labour. The Committee noted that the capacities of the labour inspection system had been reinforced in terms of human, material and financial resources and that ten new labour inspectors and ten new labour supervisors had been trained and recruited.

The Committee noted that according to the information sent by the Government under the Minimum Age Convention, 1973 (No. 138), 40 labour inspectors and supervisors have been trained and a new labour inspectorate was established in 2010 which will contribute to reducing child labour and facilitating the integration of these children in the economic and social fabric of Mauritania. The Committee noted, however, from a report submitted by the International Trade Union Confederation (ITUC) to the General Council of the World Trade Organization for the review of the trade policies of Guinea and Mauritania on 28 and 30 September 2011, the labour inspection services lack the financial and human resources to enforce the legislation on child labour in Mauritania. Consequently, the Committee asks the Government to redouble its efforts to build the capacity of the labour inspectorate as a matter of urgency. It also asks the Government to provide information on inspections carried out by the labour inspectorate regarding breaches of the national legislation giving effect to the provisions of the Convention, and to provide reports or documents prepared by the labour inspectorate pertaining to the worst forms of child labour.

Article 6. Programmes of action. In its previous comments, the Committee asked the Government to indicate whether action programmes had been prepared with a view to eliminating the worst forms of child labour, and to provide information on their implementation.

The Committee noted with concern the allegation of the General Confederation of Workers of Mauritania (CGTM) that the Government has no coherent and concerted policy for remedying child labour and the worst forms thereof, although Mauritania has ratified the Convention.

The Committee noted the Government’s statement that thanks to its resolve, awareness at both national and local level of the problems related to the situation of children has led to significant mobilization. It observed that in its concluding remarks of 17 June 2009, the Committee on the Rights of the Child (CRC) urged the Government to seek the support of the ILO in developing and implementing a plan of action to prevent and combat child labour (CRC/C/MRT/CO/2, paragraph 76). Consequently, the Committee strongly encourages the Government to develop and implement a national plan of action to eliminate the worst forms of child labour as a priority and as a matter of urgency. It asks the Government to provide information on progress made in this regard.

Article 7(1). Sanctions. In its previous comments, the Committee requested the Government to provide information on the application in practice of the sanctions envisaged in various provisions of Ordinance No. 2005-015 on the protection of children under penal law.

The Committee noted with regret the absence of any such information in the Government’s report. The Committee again asks the Government to provide information on the application in practice of the sanctions established in sections 57, 58 and 59 of Ordinance No. 2005-015, which punish both the procuring of a child for prostitution and the person found to be the child’s customer, and sections 47 and 48 of the Ordinance which punish the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (a). Access to free basic education. In its previous comments, the Committee noted that UNICEF was conducting activities in Mauritania, particularly in the area of education, and that, according to UNICEF, the primary school attendance rate was only 44 per cent. UNICEF nonetheless deemed that Mauritania had made progress in a number of areas, including basic education and education for girls. Despite the Government’s efforts, the Committee expressed deep concern at the persistence of these low school attendance rates.

The Committee noted that according to UNICEF’s statistics for 2009, 79 per cent of girls and 74 per cent of boys attend primary school, whereas only 15 per cent of girls and 17 per cent of boys go on to secondary education. Furthermore, the Committee observed that in its concluding observations of 17 June 2009, the CRC remains concerned that free primary education is still not guaranteed for all children, and at the high rate of illiteracy, particularly among girls, and the regional disparities in access to education. It also remained concerned at the low transition rates to secondary school, the large number of school drop-outs, the overcrowding of classrooms, the limited provision for vocational training, the insufficient number of trained teachers and of available school facilities, and the poor quality of education (CRC/C/MRT/CO/2, paragraph 65). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to step up its efforts to improve the running of the education system, in particular by increasing the school enrolment rate and lowering the school drop-out rate, particularly among girls. It asks the Government to provide information on results obtained.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans. Further to its previous comments, the Committee noted that according to the 2010 UNGASS report for Mauritania, the number of HIV/AIDS orphans rose from 1,740 in 2004 to 3,860 in 2010. The Committee also noted that a National Strategic Framework to combat sexually transmissible infections, HIV and AIDS (STI/HIV/AIDS) was developed in 2009 for the period 2010–14. The Committee observed that HIV/AIDS has negative consequences for orphans since they are at greater risk of being engaged in the worst forms of child labour. The Committee encourages the Government to step up its efforts to protect children who are HIV/AIDS orphans and asks it to provide information on the specific time-bound measures taken, in the course of implementing the National Strategic Framework to combat STI/HIV/AIDS, to prevent these children from being engaged in the worst forms of child labour.

Article 8. International cooperation. Poverty reduction. In its previous comments, the Committee noted that according to information in the second periodic report submitted by Mauritania to the CRC in July 2008 (CRC/C/MRT/2, paragraph 243), there is “a perfect correlation between the poverty level and the level of child labour. The four poorest regions have the highest rates of child labour between the ages of 5 and 14 (Guidimakha, Gorgol, Assaba, Hodh Gharbi), while the rates are lower in the richest regions (Nouadhibou – 4.2 per cent; Tiris Zemour – 16.4 per cent; Nouakchott – 25.1 per cent)”. The Government stated that it had included a set of measures for children in its Poverty Reduction Strategy Paper (PRSP).

The Committee noted the information sent by the Government to the effect that it is building the capacity of the Commissariat for Human Rights, Poverty Reduction and Integration (CDHLPI), which plays a cross-cutting role in the promotion and protection of human rights and in combating poverty. The Committee nonetheless observed with regret that the Government provides no information on the impact of the PRSP and the activities of the CDHLPI in combating poverty while protecting children against the worst forms of child labour. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee urges the Government to provide information on the measures taken under the PRSP, and on the activities conducted by the CDHLPI, to eliminate the worst forms of child labour.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee noted the communication of 22 August 2011 from the General Confederation of Workers of Mauritania (CGTM), and the Government’s report.

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 to suppress the trafficking of persons. The Committee also noted that, according to a UNICEF report on trafficking in persons with particular reference to women and children in West and Central Africa, in the streets of Dakar there are boy talibés from neighbouring countries, including Mauritania, who have been brought to the city by their Koranic masters (marabouts). According to the same report, there is also child trafficking inside Mauritania in which talibé children from rural areas beg on the streets of Nouakchott. The Committee observed that Mauritania appeared to be a country of origin for the trafficking of children for the purpose of exploiting their labour.

The Committee noted that, in its concluding observations of 17 June 2009, the Committee on the Rights of the Child (CRC) expressed concern at reports of children being sold to work as jockeys in the Middle East (CRC/C/MRT/CO/2, paragraph 77). The CRC was also concerned to note that Mauritania’s report contained no information on the extent of the trafficking or the measures taken to prevent such crimes. The Committee noted with regret the lack of information on this subject in the Government’s report. The Committee once again expresses concern at the situation of child victims of trafficking, and 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 the purposes of sexual exploitation or exploitation of their labour. The Committee again requests the Government to provide information on the application of Act No. 025/2003 of 17 July 2003 to suppress the trafficking of persons in practice, including statistics on the number and nature of offences reported, investigations held, prosecutions, convictions and penal sanctions applied.

2. Forced or compulsory labour. Begging. In its previous comments, the Committee noted that section 42(1) of Ordinance No. 2005-015 on the protection of children under penal law provides that the act of causing a child to beg or directly employing a child to beg is punishable by imprisonment of one to six months or a fine of 100,000 ouguiyas. The Committee nonetheless noted that a UNICEF study entitled “Child Labour in Mauritania” indicated that, according to a study of July 2003 by the National Children’s Council (CNE), observations in the field suggested that street children tended to be beggars who give a daily account of their begging activities to their marabouts.

The Committee noted that, according to the CGTM, teachers in religious schools force children onto to the streets to beg, exposing them to crime and the danger of assault on their integrity.

The Committee noted that, in its concluding observations of 17 June 2009, the CRC expressed concern over the lack of protection for talibé children, who are forced by marabouts to beg in slavery-like conditions (CRC/C/MRT/CO/2, paragraph 73). The Committee also noted that, in her report of 24 August 2010 to the Human Rights Council, the Special Rapporteur on contemporary forms of slavery stated that, although she had been informed that the Government was working with religious leaders to put an end to this practice, many did not consider forced begging to be a form of slavery (A/HRC/15/20/Add.2, paragraph 46). The Minister of Families, Children and Social Affairs nonetheless informed the Special Rapporteur of the collaboration between her and the Ministry of the Interior to address the issue of street children, some of whom are talibés in Nouakchott. There appears to be a specialized police force which is trained to work with children, and the services of the Minister of the Interior monitor madrassas to ensure that children are not encouraged to go begging for their religious teachers (paragraph 75).

The Committee nevertheless noted with regret that the Government provides no information on this matter in its report. It again noted with deep concern that children are being used for purely economic purposes, in other words children are being are being exploited for their labour by certain marabouts. The Committee again pointed out to the Government that, according to Article 1 of the Convention, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour and that, in conformity with 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 urges the Government to take the necessary measures to ensure that thorough investigations are carried out and completed and that marabouts who use children under 18 years of age for purely economic purposes are effectively prosecuted and punished by effective and sufficiently dissuasive penalties. The Committee requests the Government to provide information on the number of talibé children identified by the special police unit and the services of the Minister of the Interior, and requests it to take the necessary steps to build the capacity of law enforcement bodies.

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. In its previous comments, the Committee noted that, according to information in the second periodic report submitted by Mauritania in July 2008 to the CRC (CRC/C/MRT/2, paragraph 88), a centre for the protection and social integration of children in difficult situations was established which targets street children, children forced to beg or children subject to economic exploitation.

The Committee noted that, in her report, the Special Rapporteur on contemporary forms of slavery indicates that the Ministry of the Interior informed her that talibé children are offered education or vocational training and provided with shelter (A/HRC/15/20/Add.2, paragraph 75). The Committee nonetheless noted with regret that the Government provides no information on this matter in its report. It also observed that, in its concluding observations of 17 June 2009, the CRC likewise expressed concern at the lack of information on the measures adopted by Mauritania to identify and protect children working or living in the street (CRC/C/MRT/CO/2, paragraph 73). The Committee urges the Government to indicate the number of child victims of begging who have been removed from the street and rehabilitated and integrated into society, particularly by the centre for the protection and social integration of children in difficult situations or by the services of the Ministry of the Interior. The Committee also requests the Government to indicate any other effective time-bound measures taken to prevent children under 18 years of age from falling victim to forced or compulsory labour, such as begging, and 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 schooling or no schooling at all. Furthermore, according to the results of a survey on girls in Mauritania which was cited in a UNICEF study entitled “Child Labour in Mauritania”, girls could be recruited as from 8 years of age, and 32 per cent of the girls questioned during the survey were under 12 years of age. The Committee noted that, according to the second periodic report submitted by Mauritania to the CRC in July 2008 (CRC/C/MRT/2, paragraphs 247 and 255), two surveys had been under way for some time on child labour (including girls in domestic service) in Kiffa and Nouakchott “to determine the possibilities of educating and training these young workers and securing their social reintegration”. It noted that the “El Mina Centre for Child Protection” in Nouakchott has been carrying out various activities since 2001 (training, literacy, hygiene, etc.) for girl domestic workers. A basic education pilot programme was also carried out in Dar Naim and a unit for “girls in difficult situations” was established.

The Committee noted that, according to the CGTM, domestic work amounts to 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, in a report it submitted to the General Council of the World Trade Organization for the trade policy reviews of Guinea and Mauritania on 28 and 30 September 2011, that many girls are forced into unpaid domestic service and are particularly vulnerable to exploitation. The Committee also noted that, in its concluding observations of 17 June 2009, the CRC expressed particular concern at the situation of girls who work as domestic servants in exploitative slavery-like conditions (CRC/C/MRT/CO/2, paragraph 75).

The Committee noted with regret that the Government provides no information on this matter in its report. It again pointed out that small girls, particularly those employed as domestic servants, are often the victims of exploitation, which can take many different forms, and that it is difficult to supervise their conditions of employment in view of the clandestine nature of their work. It therefore urges the Government to take measures to ensure that children who are victims of exploitation in domestic work, particularly girls, are removed from this worst form of child labour and are rehabilitated and integrated in society, in particular through the activities of the El Mina Centre for the Protection of Children and the Dar Naim pilot project. The Committee requests the Government to provide information on progress made in this regard. Lastly, it urges the Government to provide information on the development and conclusions of the two surveys under way in the country.

Part V of the report form. Application of the Convention in practice. The Committee noted that, according to the report of 24 August 2010 of the Special Rapporteur on contemporary forms of slavery, children under 13 years of age work in all sectors of activity in Mauritania. In rural areas, enslaved children usually work taking care of livestock, cultivating subsistence crops and performing domestic work and other significant labour in support of their masters’ activities. Children live in slavery-like conditions in urban areas and are often found working in domestic households (A/HRC/15/20/Add.2, paragraphs 42–45). The Committee noted however that, in its concluding observations of 17 June 2009, the CRC expressed particular concern at the lack of comprehensive documentation on the incidence of child labour and effective measures to ensure that children are protected from economic exploitation and the worst forms of child labour and that they can exercise their right to education (CRC/C/MRT/CO/2, paragraph 75). The Committee expresses concern at the situation of children engaged in hazardous work and in slavery-like conditions, and therefore urges the Government to take immediate and effective measures to ensure protection in practice for these children against this worst form of child labour. It also requests the Government to provide statistics of the nature, extent and tendencies of worst forms of child labour, particularly as concerns the sale and trafficking of children begging in the streets. It also requests the Government to provide information on the number and nature of the offences reported, investigations and prosecutions, and convictions and the penal sanctions imposed. To the extent possible, all information provided should 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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments the Committee noted that, according to the Government, Act No. 025/2003 to suppress the trafficking of persons applies to the use, procuring or offering of a child for illicit activities. It noted, however, that the Act does not appear to prohibit this worst form of child labour in accordance with Article 3(c) of the Convention. Noting with regret that the Government’s report contains no information on this matter, the Committee urges the Government to take the necessary steps to ensure the prohibition and elimination of the use, procuring or offering of a child under 18 years of age for illicit activities, including the production and trafficking of drugs, as defined in relevant international agreements, in accordance with Article 3(c) of the Convention. It also asks the Government to adopt appropriate sanctions.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments the Committee noted that international cooperation projects for the reinforcement of the labour administration had been launched in the country, but that the inadequacy of the human and financial resources of the labour inspectorate constituted a major obstacle to the discharge of its supervisory functions, particularly in such fields as child labour. The Committee noted that the capacities of the labour inspection system had been reinforced in terms of human, material and financial resources and that ten new labour inspectors and ten new labour supervisors had been trained and recruited.

The Committee notes that according to the information sent by the Government under the Minimum Age Convention, 1973 (No. 138), 40 labour inspectors and supervisors have been trained and a new labour inspectorate was established in 2010 which will contribute to reducing child labour and facilitating the integration of these children in the economic and social fabric of Mauritania. The Committee notes, however, from a report submitted by the International Trade Union Confederation (ITUC) to the General Council of the World Trade Organization for the review of the trade policies of Guinea and Mauritania on 28 and 30 September 2011, the labour inspection services lack the financial and human resources to enforce the legislation on child labour in Mauritania. Consequently, the Committee asks the Government to redouble its efforts to build the capacity of the labour inspectorate as a matter of urgency. It also asks the Government to provide information on inspections carried out by the labour inspectorate regarding breaches of the national legislation giving effect to the provisions of the Convention, and to provide reports or documents prepared by the labour inspectorate pertaining to the worst forms of child labour.

Article 6. Programmes of action. In its previous comments, the Committee asked the Government to indicate whether action programmes had been prepared with a view to eliminating the worst forms of child labour, and to provide information on their implementation.

The Committee notes with concern the CGTM’s allegation that the Government has no coherent and concerted policy for remedying child labour and the worst forms thereof, although Mauritania has ratified the Convention.

The Committee notes the Government’s statement that thanks to its resolve, awareness at both national and local level of the problems related to the situation of children has led to significant mobilization. It observes that in its concluding remarks of 17 June 2009, the Committee on the Rights of the Child urged the Government to seek the support of the ILO in developing and implementing a plan of action to prevent and combat child labour (CRC/C/MRT/CO/2, paragraph 76). Consequently, the Committee strongly encourages the Government to develop and implement a national plan of action to eliminate the worst forms of child labour as a priority and as a matter of urgency. It asks the Government to provide information on progress made in this regard.

Article 7(1). Sanctions. In its previous comments, the Committee requested the Government to provide information on the application in practice of the sanctions envisaged in various provisions of Ordinance No. 2005-015 on the protection of children under penal law.

The Committee notes with regret the absence of any such information in the Government’s report. The Committee again asks the Government to provide information on the application in practice of the sanctions established in sections 57, 58 and 59 of Ordinance No. 2005-015, which punish both the procuring of a child for prostitution and the person found to be the child’s customer, and sections 47 and 48 of the Ordinance which punish the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (a). Access to free basic education. In its previous comments the Committee noted that UNICEF was conducting activities in Mauritania, particularly in the area of education, and that, according to UNICEF, the primary school attendance rate was only 44 per cent. UNICEF nonetheless deemed that Mauritania had made progress in a number of areas, including basic education and education for girls. Despite the Government’s efforts, the Committee expressed deep concern at the persistence of these low school attendance rates.

The Committee notes that according to UNICEF’s statistics for 2009, 79 per cent of girls and 74 per cent of boys attend primary school, whereas only 15 per cent of girls and 17 per cent of boys go on to secondary education. Furthermore, the Committee observes that in its concluding observations of 17 June 2009, the CRC remains concerned that free primary education is still not guaranteed for all children, and at the high rate of illiteracy, particularly among girls, and the regional disparities in access to education. It also remains concerned at the low transition rates to secondary school, the large number of school drop-outs, the overcrowding of classrooms, the limited provision for vocational training, the insufficient number of trained teachers and of available school facilities, and the poor quality of education (CRC/C/MRT/CO/2, paragraph 65). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to step up its efforts to improve the running of the education system, in particular by increasing the school enrolment rate and lowering the school drop-out rate, particularly among girls. It asks the Government to provide information on results obtained.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans. Further to its previous comments, the Committee notes that according to the 2010 UNGASS report for Mauritania, the number of HIV/AIDS orphans rose from 1,740 in 2004 to 3,860 in 2010. The Committee notes that a National Strategic Framework to combat sexually transmissible infections, HIV and AIDS (STI/HIV/AIDS) was developed in 2009 for the period 2010–14. The Committee observes that HIV/AIDS has negative consequences for orphans since they are at greater risk of being engaged in the worst forms of child labour. The Committee encourages the Government to step up its efforts to protect children who are HIV/AIDS orphans and asks it to provide information on the specific time-bound measures taken, in the course of implementing the National Strategic Framework to combat STI/HIV/AIDS, to prevent these children from being engaged in the worst forms of child labour.

Article 8. International cooperation. Poverty reduction. In its previous comments, the Committee noted that according to information in the second periodic report submitted by Mauritania to the Committee on the Rights of the Child in July 2008 (CRC/C/MRT/2, paragraph 243), there is “a perfect correlation between the poverty level and the level of child labour. The four poorest regions have the highest rates of child labour between the ages of 5 and 14 (Guidimakha, Gorgol, Assaba, Hodh Gharbi), while the rates are lower in the richest regions (Nouadhibou – 4.2 per cent; Tiris Zemour – 16.4 per cent; Nouakchott – 25.1 per cent)”. The Government stated that it had included a set of measures for children in its Poverty Reduction Strategy Paper (PRSP).

The Committee notes the information sent by the Government to the effect that it is building the capacity of the Commissariat for Human Rights, Poverty Reduction and Integration (CDHLPI), which plays a cross-cutting role in the promotion and protection of human rights and in combating poverty. The Committee nonetheless observes with regret that the Government provides no information on the impact of the PRSP and the activities of the CDHLPI in combating poverty while protecting children against the worst forms of child labour. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee urges the Government to provide information on the measures taken under the PRSP, and on the activities conducted by the CDHLPI, to eliminate the worst forms of child labour.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes the communication of 22 August 2011 from the General Confederation of Workers of Mauritania (CGTM), and the Government’s report.

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 to suppress the trafficking of persons. The Committee also noted that, according to a UNICEF report on trafficking in persons with particular reference to women and children in West and Central Africa, in the streets of Dakar there are boy talibés from neighbouring countries, including Mauritania, who have been brought to the city by their Koranique masters (marabouts). According to the same report, there is also child trafficking inside Mauritania in which talibé children from rural areas beg on the streets of Nouakchott. The Committee observed that Mauritania appeared to be a country of origin for the trafficking of children for the purpose of exploiting their labour.

The Committee notes that in its concluding observations of 17 June 2009, the Committee on the Rights of the Child (CRC) expressed concern at reports of children being sold to work as jockeys in the Middle East (CRC/C/MRT/CO/2, paragraph 77). The CRC was also concerned to note that Mauritania’s report contained no information on the extent of the trafficking or the measures taken to prevent such crimes. The Committee notes with regret the lack of information on this subject in the Government’s report. The Committee once again expresses concern at the situation of child victims of trafficking, and 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 the purposes of sexual exploitation or exploitation of their labour. The Committee again requests the Government to provide information on the application of Act No. 025/2003 of 17 July 2003 to suppress the trafficking of persons in practice, including statistics on the number and nature of offences reported, investigations held, prosecutions, convictions and penal sanctions applied.

2. Forced or compulsory labour. Begging. In its previous comments the Committee noted that section 42(1) of Ordinance No. 2005-015 on the protection of children under penal law provides that the act of causing a child to beg or directly employing a child to beg is punishable by imprisonment of one to six months or a fine of 100,000 ouguiyas. The Committee nonetheless noted that a UNICEF study entitled “Child Labour in Mauritania” indicated that, according to a study of July 2003 by the National Children’s Council (CNE), observations in the field suggested that street children tended to be beggars who give a daily account of their begging activities to their marabouts.

The Committee notes that, according to the CGTM, teachers in religious schools force children onto to the streets to beg, exposing them to crime and the danger of assault on their integrity.

The Committee notes that in its concluding observations of 17 June 2009, the CRC expressed concern over the lack of protection for talibé children, who are forced by marabouts to beg in slavery-like conditions (CRC/C/MRT/CO/2, paragraph 73). The Committee also notes that in her report of 24 August 2010 to the Human Rights Council, the Special Rapporteur on contemporary forms of slavery stated that although she had been informed that the Government was working with religious leaders to put an end to this practice, many did not consider forced begging to be a form of slavery (A/HRC/15/20/Add.2, paragraph 46). The Minister of Families, Children and Social Affairs nonetheless informed the Special Rapporteur of the collaboration between her and the Ministry of the Interior to address the issue of street children, some of whom are talibés in Nouakchott. There appears to be a specialized police force which is trained to work with children, and the services of the Minister of the Interior monitor madrassas to ensure that children are not encouraged to go begging for their religious teachers (paragraph 75).

The Committee nevertheless notes with regret that the Government provides no information on this matter in its report. It again notes with deep concern that children are being used for purely economic purposes, in other words children are being are being exploited for their labour by certain marabouts. The Committee again points out to the Government that, according to Article 1 of the Convention, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour and that, in conformity with 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 urges the Government to take the necessary measures to ensure that thorough investigations are carried out and completed and that marabouts who use children under 18 years of age for purely economic purposes are effectively prosecuted and punished by effective and sufficiently dissuasive penalties. The Committee requests the Government to provide information on the number of talibé children identified by the special police unit and the services of the Minister of the Interior, and requests it to take the necessary steps to build the capacity of law enforcement bodies.

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. In its previous comments the Committee noted that, according to information in the second periodic report submitted by Mauritania in July 2008 to the CRC (CRC/C/MRT/2, paragraph 88), a centre for the protection and social integration of children in difficult situations was established which targets street children, children forced to beg or children subject to economic exploitation.

The Committee notes that in her report, the Special Rapporteur on contemporary forms of slavery indicates that the Ministry of the Interior informed her that talibé children are offered education or vocational training and provided with shelter (A/HRC/15/20/Add.2, paragraph 75). The Committee nonetheless notes with regret that the Government provides no information on this matter in its report. It also observes that in its concluding observations of 17 June 2009, the CRC likewise expressed concern at the lack of information on the measures adopted by Mauritania to identify and protect children working or living in the street (CRC/C/MRT/CO/2, paragraph 73). The Committee urges the Government to indicate the number of child victims of begging who have been removed from the street and rehabilitated and integrated into society, particularly by the centre for the protection and social integration of children in difficult situations or by the services of the Ministry of the Interior. The Committee also requests the Government to indicate any other effective time-bound measures taken to prevent children under 18 years of age from falling victim to forced or compulsory labour, such as begging, and 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 employees. In its previous comments the Committee noted the Government’s statement that most girls engaged in domestic work received little schooling or no schooling at all. Furthermore, according to the results of a survey on girls in Mauritania which was cited in a UNICEF study entitled “Child Labour in Mauritania”, girls could be recruited as from 8 years of age, and 32 per cent of the girls questioned during the survey were under 12 years of age. The Committee noted that according to the second periodic report submitted by Mauritania to the CRC in July 2008 (CRC/C/MRT/2, paragraphs 247 and 255), two surveys had been under way for some time on child labour (including girls in domestic service) in Kiffa and Nouakchott “to determine the possibilities of educating and training these young workers and securing their social reintegration”. It noted that the “El Mina Centre for Child Protection” in Nouakchott has been carrying out various activities since 2001 (training, literacy, hygiene, etc.) for girl domestic workers. A basic education pilot programme was also carried out in Dar Naim and a unit for “girls in difficult situations” was established.

The Committee notes that according to the CGTM, domestic work amounts to 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 in a report it submitted to the General Council of the World Trade Organization for the trade policy reviews of Guinea and Mauritania on 28 and 30 September 2011, many girls are forced into unpaid domestic service and are particularly vulnerable to exploitation. The Committee also notes that in its concluding observations of 17 June 2009, the CRC expressed particular concern at the situation of girls who work as domestic servants in exploitative slavery-like conditions (CRC/C/MRT/CO/2, paragraph 75).

The Committee notes with regret that the Government provides no information on this matter in its report. It again points out that small girls, particularly those employed as domestic servants, are often the victims of exploitation, which can take many different forms, and that it is difficult to supervise their conditions of employment in view of the clandestine nature of their work. It therefore urges the Government to take measures to ensure that children who are victims of exploitation in domestic work, particularly girls, are removed from this worst form of child labour and are rehabilitated and integrated in society, in particular through the activities of the El Mina Centre for the Protection of Children and the Dar Naim pilot project. The Committee requests the Government to provide information on progress made in this regard. Lastly, it urges the Government to provide information on the development and conclusions of the two surveys under way in the country.

Part V of the report form. Application of the Convention in practice. The Committee notes that according to the report of 24 August 2010 of the Special Rapporteur on contemporary forms of slavery, children under 13 years of age work in all sectors of activity in Mauritania. In rural areas, enslaved children usually work taking care of the livestock, cultivating subsistence crops and performing domestic work and other significant labour in support of their masters’ activities. Children live in slavery-like conditions in urban areas and are often found working in domestic households (A/HRC/15/20/Add.2, paragraphs 42 to 45). The Committee notes, however, that in its concluding observations of 17 June 2009, the CRC expressed particular concern at the lack of comprehensive documentation on the incidence of child labour and effective measures to ensure that children are protected from economic exploitation and the worst forms of child labour and that they can exercise their right to education (CRC/C/MRT/CO/2, paragraph 75). The Committee expresses concern at the situation of children engaged in hazardous work and in slavery-like conditions, and therefore urges the Government to take immediate and effective measures to ensure protection in practice for these children against this worst form of child labour. It also requests the Government to provide statistics of the nature, extent and tendencies of worst forms of child labour, particularly as concerns the sale and trafficking of children begging in the streets. It also requests the Government to provide information on the number and nature of the offences reported, investigations and prosecutions, and convictions and the penal sanctions imposed. To the extent possible, all information provided should 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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments the Committee noted that, according to the Government, Act No. 025/2003 to suppress the trafficking of persons applies to the use, procuring or offering of a child for illicit activities. It noted, however, that the Act does not appear to prohibit this worst form of child labour in accordance with Article 3(c) of the Convention. Noting with regret that the Government’s report contains no information on this matter, the Committee urges the Government to take the necessary steps to ensure the prohibition and elimination of the use, procuring or offering of a child under 18 years of age for illicit activities, including the production and trafficking of drugs, as defined in relevant international agreements, in accordance with Article 3(c) of the Convention. It also asks the Government to adopt appropriate sanctions.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments the Committee noted that international cooperation projects for the reinforcement of the labour administration had been launched in the country, but that the inadequacy of the human and financial resources of the labour inspectorate constituted a major obstacle to the discharge of its supervisory functions, particularly in such fields as child labour. The Committee noted that the capacities of the labour inspection system had been reinforced in terms of human, material and financial resources and that ten new labour inspectors and ten new labour supervisors had been trained and recruited.

The Committee notes that according to the information sent by the Government under the Minimum Age Convention, 1973 (No. 138), 40 labour inspectors and supervisors have been trained and a new labour inspectorate was established in 2010 which will contribute to reducing child labour and facilitating the integration of these children in the economic and social fabric of Mauritania. The Committee notes, however, from a report submitted by the International Trade Union Confederation (ITUC) to the General Council of the World Trade Organization for the review of the trade policies of Guinea and Mauritania on 28 and 30 September 2011, the labour inspection services lack the financial and human resources to enforce the legislation on child labour in Mauritania. Consequently, the Committee asks the Government to redouble its efforts to build the capacity of the labour inspectorate as a matter of urgency. It also asks the Government to provide information on inspections carried out by the labour inspectorate regarding breaches of the national legislation giving effect to the provisions of the Convention, and to provide reports or documents prepared by the labour inspectorate pertaining to the worst forms of child labour.

Article 6. Programmes of action. In its previous comments, the Committee asked the Government to indicate whether action programmes had been prepared with a view to eliminating the worst forms of child labour, and to provide information on their implementation.

The Committee notes with concern the CGTM’s allegation that the Government has no coherent and concerted policy for remedying child labour and the worst forms thereof, although Mauritania has ratified the Convention.

The Committee notes the Government’s statement that thanks to its resolve, awareness at both national and local level of the problems related to the situation of children has led to significant mobilization. It observes that in its concluding remarks of 17 June 2009, the Committee on the Rights of the Child urged the Government to seek the support of the ILO in developing and implementing a plan of action to prevent and combat child labour (CRC/C/MRT/CO/2, paragraph 76). Consequently, the Committee strongly encourages the Government to develop and implement a national plan of action to eliminate the worst forms of child labour as a priority and as a matter of urgency. It asks the Government to provide information on progress made in this regard.

Article 7(1). Sanctions. In its previous comments, the Committee requested the Government to provide information on the application in practice of the sanctions envisaged in various provisions of Ordinance No. 2005-015 on the protection of children under penal law.

The Committee notes with regret the absence of any such information in the Government’s report. The Committee again asks the Government to provide information on the application in practice of the sanctions established in sections 57, 58 and 59 of Ordinance No. 2005-015, which punish both the procuring of a child for prostitution and the person found to be the child’s customer, and sections 47 and 48 of the Ordinance which punish the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (a). Access to free basic education. In its previous comments the Committee noted that UNICEF was conducting activities in Mauritania, particularly in the area of education, and that, according to UNICEF, the primary school attendance rate was only 44 per cent. UNICEF nonetheless deemed that Mauritania had made progress in a number of areas, including basic education and education for girls. Despite the Government’s efforts, the Committee expressed deep concern at the persistence of these low school attendance rates.

The Committee notes that according to UNICEF’s statistics for 2009, 79 per cent of girls and 74 per cent of boys attend primary school, whereas only 15 per cent of girls and 17 per cent of boys go on to secondary education. Furthermore, the Committee observes that in its concluding observations of 17 June 2009, the CRC remains concerned that free primary education is still not guaranteed for all children, and at the high rate of illiteracy, particularly among girls, and the regional disparities in access to education. It also remains concerned at the low transition rates to secondary school, the large number of school drop-outs, the overcrowding of classrooms, the limited provision for vocational training, the insufficient number of trained teachers and of available school facilities, and the poor quality of education (CRC/C/MRT/CO/2, paragraph 65). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to step up its efforts to improve the running of the education system, in particular by increasing the school enrolment rate and lowering the school drop-out rate, particularly among girls. It asks the Government to provide information on results obtained.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans. Further to its previous comments, the Committee notes that according to the 2010 UNGASS report for Mauritania, the number of HIV/AIDS orphans rose from 1,740 in 2004 to 3,860 in 2010. The Committee notes that a National Strategic Framework to combat sexually transmissible infections, HIV and AIDS (STI/HIV/AIDS) was developed in 2009 for the period 2010–14. The Committee observes that HIV/AIDS has negative consequences for orphans since they are at greater risk of being engaged in the worst forms of child labour. The Committee encourages the Government to step up its efforts to protect children who are HIV/AIDS orphans and asks it to provide information on the specific time-bound measures taken, in the course of implementing the National Strategic Framework to combat STI/HIV/AIDS, to prevent these children from being engaged in the worst forms of child labour.

Article 8. International cooperation. Poverty reduction. In its previous comments, the Committee noted that according to information in the second periodic report submitted by Mauritania to the Committee on the Rights of the Child in July 2008 (CRC/C/MRT/2, paragraph 243), there is “a perfect correlation between the poverty level and the level of child labour. The four poorest regions have the highest rates of child labour between the ages of 5 and 14 (Guidimakha, Gorgol, Assaba, Hodh Gharbi), while the rates are lower in the richest regions (Nouadhibou – 4.2 per cent; Tiris Zemour – 16.4 per cent; Nouakchott – 25.1 per cent)”. The Government stated that it had included a set of measures for children in its Poverty Reduction Strategy Paper (PRSP).

The Committee notes the information sent by the Government to the effect that it is building the capacity of the Commissariat for Human Rights, Poverty Reduction and Integration (CDHLPI), which plays a cross-cutting role in the promotion and protection of human rights and in combating poverty. The Committee nonetheless observes with regret that the Government provides no information on the impact of the PRSP and the activities of the CDHLPI in combating poverty while protecting children against the worst forms of child labour. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee urges the Government to provide information on the measures taken under the PRSP, and on the activities conducted by the CDHLPI, to eliminate the worst forms of child labour.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the communication of 22 August 2011 from the General Confederation of Workers of Mauritania (CGTM), and the Government’s report.

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 to suppress the trafficking of persons. The Committee also noted that, according to a UNICEF report on trafficking in persons with particular reference to women and children in West and Central Africa, in the streets of Dakar there are boy talibés from neighbouring countries, including Mauritania, who have been brought to the city by their Koranique masters (marabouts). According to the same report, there is also child trafficking inside Mauritania in which talibé children from rural areas beg on the streets of Nouakchott. The Committee observed that Mauritania appeared to be a country of origin for the trafficking of children for the purpose of exploiting their labour.

The Committee notes that in its concluding observations of 17 June 2009, the Committee on the Rights of the Child (CRC) expressed concern at reports of children being sold to work as jockeys in the Middle East (CRC/C/MRT/CO/2, paragraph 77). The CRC was also concerned to note that Mauritania’s report contained no information on the extent of the trafficking or the measures taken to prevent such crimes. The Committee notes with regret the lack of information on this subject in the Government’s report. The Committee once again expresses concern at the situation of child victims of trafficking, and 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 the purposes of sexual exploitation or exploitation of their labour. The Committee again requests the Government to provide information on the application of Act No. 025/2003 of 17 July 2003 to suppress the trafficking of persons in practice, including statistics on the number and nature of offences reported, investigations held, prosecutions, convictions and penal sanctions applied.

2. Forced or compulsory labour. Begging. In its previous comments the Committee noted that section 42(1) of Ordinance No. 2005-015 on the protection of children under penal law provides that the act of causing a child to beg or directly employing a child to beg is punishable by imprisonment of one to six months or a fine of 100,000 ouguiyas. The Committee nonetheless noted that a UNICEF study entitled “Child Labour in Mauritania” indicated that, according to a study of July 2003 by the National Children’s Council (CNE), observations in the field suggested that street children tended to be beggars who give a daily account of their begging activities to their marabouts.

The Committee notes that, according to the CGTM, teachers in religious schools force children onto to the streets to beg, exposing them to crime and the danger of assault on their integrity.

The Committee notes that in its concluding observations of 17 June 2009, the CRC expressed concern over the lack of protection for talibé children, who are forced by marabouts to beg in slavery-like conditions (CRC/C/MRT/CO/2, paragraph 73). The Committee also notes that in her report of 24 August 2010 to the Human Rights Council, the Special Rapporteur on contemporary forms of slavery stated that although she had been informed that the Government was working with religious leaders to put an end to this practice, many did not consider forced begging to be a form of slavery (A/HRC/15/20/Add.2, paragraph 46). The Minister of Families, Children and Social Affairs nonetheless informed the Special Rapporteur of the collaboration between her and the Ministry of the Interior to address the issue of street children, some of whom are talibés in Nouakchott. There appears to be a specialized police force which is trained to work with children, and the services of the Minister of the Interior monitor madrassas to ensure that children are not encouraged to go begging for their religious teachers (paragraph 75).

The Committee nevertheless notes with regret that the Government provides no information on this matter in its report. It again notes with deep concern that children are being used for purely economic purposes, in other words children are being are being exploited for their labour by certain marabouts. The Committee again points out to the Government that, according to Article 1 of the Convention, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour and that, in conformity with 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 urges the Government to take the necessary measures to ensure that thorough investigations are carried out and completed and that marabouts who use children under 18 years of age for purely economic purposes are effectively prosecuted and punished by effective and sufficiently dissuasive penalties. The Committee requests the Government to provide information on the number of talibé children identified by the special police unit and the services of the Minister of the Interior, and requests it to take the necessary steps to build the capacity of law enforcement bodies.

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. In its previous comments the Committee noted that, according to information in the second periodic report submitted by Mauritania in July 2008 to the CRC (CRC/C/MRT/2, paragraph 88), a centre for the protection and social integration of children in difficult situations was established which targets street children, children forced to beg or children subject to economic exploitation.

The Committee notes that in her report, the Special Rapporteur on contemporary forms of slavery indicates that the Ministry of the Interior informed her that talibé children are offered education or vocational training and provided with shelter (A/HRC/15/20/Add.2, paragraph 75). The Committee nonetheless notes with regret that the Government provides no information on this matter in its report. It also observes that in its concluding observations of 17 June 2009, the CRC likewise expressed concern at the lack of information on the measures adopted by Mauritania to identify and protect children working or living in the street (CRC/C/MRT/CO/2, paragraph 73). The Committee urges the Government to indicate the number of child victims of begging who have been removed from the street and rehabilitated and integrated into society, particularly by the centre for the protection and social integration of children in difficult situations or by the services of the Ministry of the Interior. The Committee also requests the Government to indicate any other effective time-bound measures taken to prevent children under 18 years of age from falling victim to forced or compulsory labour, such as begging, and 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 employees. In its previous comments the Committee noted the Government’s statement that most girls engaged in domestic work received little schooling or no schooling at all. Furthermore, according to the results of a survey on girls in Mauritania which was cited in a UNICEF study entitled “Child Labour in Mauritania”, girls could be recruited as from 8 years of age, and 32 per cent of the girls questioned during the survey were under 12 years of age. The Committee noted that according to the second periodic report submitted by Mauritania to the CRC in July 2008 (CRC/C/MRT/2, paragraphs 247 and 255), two surveys had been under way for some time on child labour (including girls in domestic service) in Kiffa and Nouakchott “to determine the possibilities of educating and training these young workers and securing their social reintegration”. It noted that the “El Mina Centre for Child Protection” in Nouakchott has been carrying out various activities since 2001 (training, literacy, hygiene, etc.) for girl domestic workers. A basic education pilot programme was also carried out in Dar Naim and a unit for “girls in difficult situations” was established.

The Committee notes that according to the CGTM, domestic work amounts to 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 in a report it submitted to the General Council of the World Trade Organization for the trade policy reviews of Guinea and Mauritania on 28 and 30 September 2011, many girls are forced into unpaid domestic service and are particularly vulnerable to exploitation. The Committee also notes that in its concluding observations of 17 June 2009, the CRC expressed particular concern at the situation of girls who work as domestic servants in exploitative slavery-like conditions (CRC/C/MRT/CO/2, paragraph 75).

The Committee notes with regret that the Government provides no information on this matter in its report. It again points out that small girls, particularly those employed as domestic servants, are often the victims of exploitation, which can take many different forms, and that it is difficult to supervise their conditions of employment in view of the clandestine nature of their work. It therefore urges the Government to take measures to ensure that children who are victims of exploitation in domestic work, particularly girls, are removed from this worst form of child labour and are rehabilitated and integrated in society, in particular through the activities of the El Mina Centre for the Protection of Children and the Dar Naim pilot project. The Committee requests the Government to provide information on progress made in this regard. Lastly, it urges the Government to provide information on the development and conclusions of the two surveys under way in the country.

Part V of the report form. Application of the Convention in practice. The Committee notes that according to the report of 24 August 2010 of the Special Rapporteur on contemporary forms of slavery, children under 13 years of age work in all sectors of activity in Mauritania. In rural areas, enslaved children usually work taking care of the livestock, cultivating subsistence crops and performing domestic work and other significant labour in support of their masters’ activities. Children live in slavery-like conditions in urban areas and are often found working in domestic households (A/HRC/15/20/Add.2, paragraphs 42 to 45). The Committee notes, however, that in its concluding observations of 17 June 2009, the CRC expressed particular concern at the lack of comprehensive documentation on the incidence of child labour and effective measures to ensure that children are protected from economic exploitation and the worst forms of child labour and that they can exercise their right to education (CRC/C/MRT/CO/2, paragraph 75). The Committee expresses concern at the situation of children engaged in hazardous work and in slavery-like conditions, and therefore urges the Government to take immediate and effective measures to ensure protection in practice for these children against this worst form of child labour. It also requests the Government to provide statistics of the nature, extent and tendencies of worst forms of child labour, particularly as concerns the sale and trafficking of children begging in the streets. It also requests the Government to provide information on the number and nature of the offences reported, investigations and prosecutions, and convictions and the penal sanctions imposed. To the extent possible, all information provided should be disaggregated by sex and age.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee requested 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. The Committee notes the Government’s indication that Act No. 025/2003 to suppress the trafficking of persons is applicable in this respect. The Committee notes, however, that this Act does not appear to prohibit the use, procuring or offering of a child for illicit activities, in accordance with Article 3(c) of the Convention. The Committee therefore urges the Government to take the necessary measures to ensure the prohibition and elimination of the use, procuring or offering of children 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 further requests the Government to adopt appropriate sanctions.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that international cooperation projects for the reinforcement of the labour administration had been launched in the country, but that the inadequacy of the human and financial resources of the labour inspectorate constituted a major obstacle to the discharge of its supervisory functions, particularly in such fields as child labour. The Committee notes the very succinct information provided by the Government, according to which the capacities of the labour inspection system have been reinforced in terms of human, material and financial resources. The labour inspection services will carry out inspections in accordance with the laws and regulations in force. The Committee also notes that, according to the information provided by the Government in its report under Convention No. 81, ten new labour inspectors and ten new labour supervisors have been trained and recruited. The Committee requests the Government to provide information on the impact of the reinforcement of the capacities of the labour inspection system in terms of combating child labour, particularly its worst forms. The Committee also requests the Government to provide information on the role entrusted to the new labour inspectors and supervisors in relation to child labour, particularly its worst forms.

Article 6. Programmes of action. In its previous comments, the Committee requested the Government to indicate whether programmes of action had been drawn up to eliminate the worst forms of child labour and to provide information on their implementation. The Committee notes the Government’s indication that, with a view to the eradication of the worst forms of child labour, it has organized seminars to raise awareness of the fundamental Conventions for members of the National Human Rights Commission, magistrates and auxiliaries in the judicial system, as well as the promotion of a network for the rights of the child (including a defence association, a parliamentary group and an initiative by city mayors). The Committee further notes that, according to an ILO–IPEC project entitled “Project development, awareness raising and support for the implementation of the Global Action Plan”, assistance will be provided to help Mauritania in the development and implementation off a national plan of action to combat child labour. The Committee requests the Government to provide information on the development, implementation and progress achieved in relation to the national action plan to combat child labour, and on any other programme of action undertaken with a view to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee requested the Government to provide information on the application in practice of the sanctions envisaged in the various provisions of Ordinance No. 2005-015. Noting the absence of information on this matter in the Government’s report, the Committee once again requests it 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 (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans. The Committee notes the Government’s indication that Act No. 2001-054 respecting compulsory schooling protects child HIV/AIDS orphans from being engaged in the worst forms of child labour. It also notes that NGOs provide assistance to child HIV/AIDS orphans. The Committee observes that, according to the UNGASS Country Progress Report for Mauritania, published in January 2008, there are around 7,327 child HIV/AIDS orphans or children who are vulnerable to HIV/AIDS under 17 years of age in the country and that, of these children, none have benefited from free external assistance (page 18). Moreover, none of the households with such children have:

(i)    received medical assistance, including medical care and/or supplies for medical care, over the past 12 months;

(ii)    benefited from school assistance, including school expenses, over the past 12 months (only applies to children between 5 and 17 years of age);

(iii)   received psychiatric/psychological support, including counselling by a trained counsellor, psychiatric/spiritual support or accompaniment over the past three months;

(iv)   benefited from any other social support, including socio-economic support (such as clothing, food supplements, financial support, accommodation) or any other assistance on a daily basis (such as household assistance, training for carers, childcare, legal services) over the past three months.

Furthermore, according to the same report, a survey shows that only 33 per cent of child HIV/AIDS orphans between 10 and 14 years of age attend school, compared with a rate of around 71 per cent among non-orphans. The Committee requests the Government to provide information on the specific measures adopted to protect child HIV/AIDS orphans from being engaged in the worst forms of child labour, including measures in the fields of medical care, school costs, psychological support and socio-economic support.

Clause (e). The special situation of girls. Domestic workers. In its previous comments, the Committee noted the Government’s indication that most young girls engaged in domestic work had received limited school education or were not educated. Moreover, according to the results of a survey carried out on these girls in Mauritania, quoted in a UNICEF study entitled “Child labour in Mauritania”, girls could be recruited from 8 years of age and 32 per cent of the girls questioned during the survey were under 12 years of age. The Committee also noted 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 notes that, according to the second periodic report submitted by Mauritania to the Committee on the Rights of the Child in July 2008 (CRC/C/MRT/2), two surveys have been in the process of being carried out for some time on child labour (including girls in domestic service) in Kiffa and Nouakchott “to determine the possibilities of educating and training these young workers and securing their social reintegration” (paragraph 247). Furthermore, several programmes have been introduced for girl domestic workers in order to make them more aware of their rights, and their parents and employers more aware of their obligations (paragraph 254). Finally, the Committee notes that the El Mina Centre for Child Protection in Nouakchott has been carrying out various activities (training, literacy, hygiene, etc.) for girl domestic workers since 2001. A pilot programme on basic education was also carried out in Dar Naim and a unit for girls in difficult situations has been established (paragraph 255). The Committee requests the Government to provide information on the implementation and conclusions of the two surveys that are being carried out in the country and the awareness-raising programmes referred to above. The Committee also requests the Government to provide information on the impact of the activities of the El Mina Centre for Child Protection and the pilot programme carried out in Dar Naim on the protection of children engaged in domestic work, and particularly girls, against the worst forms of child labour, and on their impact in terms of the rehabilitation and social integration of these children.

Article 8. International cooperation. Poverty reduction. In its previous comments, the Committee noted that, in its initial report to the Committee on the Rights of the Child in January 2000 (CRC/C/8/Add.42, paragraph 331), the Government indicated that it had established a national plan to combat poverty. It also noted that, in its concluding observations of November 2001 (CRC/C/15/Add.159, paragraphs 7 and 14), the Committee on the Rights of the Child noted with concern that the economic and social difficulties facing the State party had a negative impact on the situation of children, particularly in rural and remote areas. Moreover, the Government indicated that it had included a series of actions for children in the strategic framework to combat poverty (CSLP). The Committee requested the Government to provide information on the measures adopted in the context of the CSLP for the elimination of the worst forms of child labour.

The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that, according to the information contained in the second periodic report submitted by Mauritania to the Committee on the Rights of the Child in July 2008 (CRC/C/MRT/2, paragraph 243), there is “a perfect correlation between the poverty level and the level of child labour. The four poorest regions have the highest rates of child labour between the ages of 5 and 14 (Guidimakha, Gorgol, Assaba, Hodh Gharbi), while the rates are lower in the richest regions (Nouadhibou – 4.2 per cent; Tiris Zemour – 16.4 per cent; Nouakchot – 25.1 per cent)”. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee once again requests the Government to provide information on the measures adopted in the context of the implementation of the CSLP for the elimination of the worst forms of child labour.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted the adoption of Act No. 025/2003 of 17 July 2003 on the suppression of the trafficking of persons. It also noted that, according to a UNICEF report on trafficking in persons, with particular reference to women and children in West and Central Africa, published in 2006, the information available on trafficking flows in Mauritania is very limited and it is very difficult to know whether Mauritanian children are victims of trafficking in the countries of the subregion or whether children are exploited in the territory of Mauritania. However, the UNICEF report indicates that, in the streets of Dakar, there are boy talibés from neighbouring countries, including Mauritania, who have been brought to the city by their Koranic masters (marabouts). These children are in conditions of servitude and are forced to beg on a daily basis. Also according to the UNICEF report, the internal trafficking of children also exists, including the phenomenon of child talibés from rural areas who beg on the streets of Nouakchott. The Committee observes that Mauritania appears to be a country of origin for the trafficking of children for labour exploitation. Noting the absence of information in the Government’s report, the Committee once again expresses concern at the situation of these children and requests the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years of age from sale and trafficking. The Committee also once again requests the Government to provide information on the effect given to Act No. 025/2003 of 17 July 2003 on the supression of the trafficking of persons in practice, including statistics on the number and nature of the offences reported, the investigations conducted, prosecutions, convictions and penalties imposed.

Forced or compulsory labour. Begging. In its previous comments, the Committee noted that, in its concluding observations on the Government’s initial report in November 2001 (CRC/C/15/Add.159, paragraph 49), the Committee on the Rights of the Child expressed its concern at the number of children working, particularly in the streets, including child talibés who are exploited by their marabouts. It also noted the indication, 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 suggested that street children tend to be beggars who give daily account of their begging activities to their marabouts. The Committee further noted that section 42(1) of Ordinance 2005-015 on the penal protection of the child provides that the act of causing a child to beg or directly employing a child to beg is punishable by imprisonment of one to six months or a fine of 100,000 ouguiyas. Section 42(2) provides that any person who, having authority over a child, hands the child over to individuals who incite or engage the child in begging shall be punishable by imprisonment for eight months or a fine of between 180,000 and 300,000 ouguiyas. The Committee requested the Government to provide information on the effect given in practice to the national legislation on begging.

Noting the absence of information in the Government’s report on this matter, the Committee once again expresses concern at the use of children for purely economic purposes, namely the utilization of children as a source of labour by certain marabouts. The Committee therefore urges the Government to take the necessary measures to give effect to the national legislation on begging and to punish marabouts who make use of children for purely economic purposes.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. Sale and trafficking of children. In its previous comments, the Committee noted that, according to UNICEF information, children who have been the victims of trafficking, particularly to the United Arab Emirates to work as camel jockeys, have recently been repatriated to Mauritania and are receiving education in a special school for former jockeys. The Committee requested the Government to provide information on the results achieved. The Committee notes from the Government’s report that the results are more than satisfactory as these children are receiving special attention, particularly through the special programme developed for them in collaboration with UNICEF. The Committee also notes from the second periodic report of Mauritania to the Committee on the Rights of the Child of 30 July 2008 that “a plan of action has been adopted to attend to their reintegration in their families. A technical committee has been set up to monitor this matter” (CRC/C/MRT/2, paragraph 263). The Committee strongly encourages the Government to continue its efforts to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking and to ensure their rehabilitation and social integration. The Committee also requests the Government to continue providing information on the results achieved. Finally, it requests it to provide information on the plan of action implemented for the rehabilitation and social integration of these children.

Forced or compulsory labour. Begging. In its previous comments, the Committee requested the Government to provide information on the time-bound measures adopted to ensure the rehabilitation and social integration of child victims of forced labour, including begging. The Committee notes the information provided by the Government that it has worked to identify beggars and other street children with a view to their integration into the country’s economic and social fabric. It further notes that, according to the information contained in the second periodic report submitted by Mauritania to the Committee on the Rights of the Child in July 2008 (CRC/C/MRT/2, paragraph 88), a centre for the protection and social integration of children in difficult situations has been created, and is targeting street children, children forced to beg or children subject to economic exploitation. The Committee requests the Government to indicate the effective and time-bound measures adopted further to the survey to remove street children and victims of begging from their activities and to ensure their rehabilitation and social integration, including through the centre for the protection and integration of children in difficult situations. It also requests the Government to provide information on the number of children who are in practice removed from this worst form of child labour.

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

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.

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

The Committee notes the Government’s report. It also notes the comments of the International Trade Union Confederation (ITUC). The Committee requests the Government to provide information on the following points.

Article 3 of the Convention. The 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 on the repression of the trafficking of persons. It also noted that, in its concluding observations on the Government’s initial report in November 2001 (CRC/C/15/Add.159, paragraph 49), the Committee on the Rights of the Child indicated that it recognized the Government’s efforts to stop cases of trafficking of children to Arab countries. The Committee requested the Government to provide information on the measures taken in this regard.

In its comments, the ITUC indicates that in recent years several networks for the trafficking of children to Arab Gulf countries have been developed, in which the child victims do not benefit from any form of protection. Indeed, even though the State is informed of these practices and often knows the persons who are active in the networks, no steps have been taken against them. The Committee notes that, according to a UNICEF report on trafficking in persons, with particular reference to women and children, in West and Central Africa, published in 2006, the information available on trafficking flows in Mauritania is very limited and it is very difficult to know whether Mauritanian children are victims of trafficking in countries in the subregion or whether children are exploited on the territory of Mauritania. However, the UNICEF report indicates that, in the streets of Dakar, there are boy talibés from neighbouring countries, including Mauritania, who have been brought to the city by their Koranic masters (marabouts). These children are in conditions of slavery and are forced to beg on a daily basis. According to the UNICEF report, the internal trafficking of children also exists, including the phenomenon of child talibés from rural areas who beg in the streets of Nouakchott.

The Committee observes that Mauritania appears to be a country of origin for the trafficking of children for labour exploitation. It expresses concern at the situation of these children and requests the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years of age against sale and trafficking for labour exploitation. The Committee also requests the Government to provide information on the effect given in practice to Act No. 025/2003 of 17 July 2003 on the repression of the trafficking of persons, including statistics on the number and nature of the offences reported, investigations conducted, prosecutions, convictions and penalties imposed.

2. Forced or compulsory labour. Begging. The Committee noted previously that, in its concluding observations on the Government’s initial report in November 2001 (CRC/C/15/Add.159, paragraph 49), the Committee on the Rights of the Child expressed its concern at the number of children working, particularly in the streets, including the talibés who are exploited by their marabouts. It also noted 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 daily account of their begging activities to their marabouts. The study also indicated that talibé children are a new phenomenon in Mauritania which is limited in scope. The Committee requested the Government to take the necessary measures to protect street children and talibés from the worst forms of child labour.

The Committee notes that, according to the UNICEF report on the trafficking of persons, with particular reference to women and children, in West and Central Africa, the internal trafficking of children exists particularly child talibés from rural areas who beg in the streets of Nouakchott. The Committee notes that section 42(1) of Ordinance No. 2005-015 on the penal protection of the child provides that the act of causing or directly employing a child in begging is punishable by imprisonment from one to six months or a fine of 100,000 ouguiyas. Section 42(2) provides that any person who, having authority over a child, hands the child over to individuals who incite or engage the child in begging is punishable by imprisonment for eight months or a fine of between 180,000 and 300,000 ouguiyas. The Committee expresses concern at the use of children for purely economic purposes, namely the use of children as a source of labour by certain marabouts. It requests the Government to take the necessary measures to give effect to the national legislation on begging and to punish marabouts who make use of children for purely economic purposes. The Committee also requests the Government to provide information on the time‑bound measures adopted to prevent young persons under 18 years of age from becoming victims of forced or compulsory labour, such as begging. Furthermore, it requests the Government to indicate the effective and time-bound measures adopted to protect these children against forced labour and to ensure their rehabilitation and social integration.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. Sale and trafficking of children. The Committee notes that, according to UNICEF information, children who have been the victims of trafficking, particularly to the United Arab Emirates (UAE) to work as camel jockeys, have recently been repatriated to Mauritania and are receiving education in a special school for former jockeys. It strongly encourages the Government to continue its efforts to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking and to ensure their rehabilitation and social integration. The Committee also requests the Government to provide information on the results achieved.

Article 8. International cooperation. 1. Sale and trafficking of children. The Committee notes that, according to UNICEF information, Mauritania and the UAE, in collaboration with UNICEF, have established a programme to assist child victims of trafficking exploited as camel jockeys. In the context of this programme, the Government of the UAE has offered financial compensation to Mauritanian families and proposed income-generating activities. The Committee takes due note of this information. It requests the Government to provide fuller information on the transboundary programme between Mauritania and the UAE, with an indication of whether: (1) individuals operating in networks for the trafficking of children have been identified and arrested; and (2) child victims of trafficking have been identified and intercepted.

2. Poverty reduction. The Committee noted previously that, in its initial report to the Committee on the Rights of the Child in January 2000 (CRC/C/8/Add.42, paragraph 331), the Government indicated that it had established a national plan to combat poverty. It also noted that, in its concluding observations of November 2001 on the Government’s report (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 had a negative impact on the situation of children, particularly in rural and remote areas. The Committee requested the Government to provide information on the impact of the national plan to combat poverty on the elimination of the worst forms of child labour. The Committee notes the Government’s indication that it has included a series of actions for children in the strategic framework to combat poverty (CSLP), which is the guiding standard for sectoral macroeconomic policies and other medium- and long-term development policies. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee requests the Government to provide information on the measures adopted in the context of the implementation of the CSLP with a view to eliminating the worst forms of child labour, particularly with regard to the effective reduction of poverty among child victims of sale and trafficking and of forced begging.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (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.