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

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

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

Article 1 of the Convention. National policy for the effective abolition of child labour. In its initial report submitted to the Committee on the Rights of the Child in January 2000 (CRC/C/8/Add.42, paragraph 331), the Government indicates that it has adopted important measures to tackle the economic exploitation of children. These measures include the implementation of a National employment policy, adopted in 1997, and the initiative of the mayors for the defence of children, who adopted a National plan on the promotion of the child. The Committee requests the Government to send information on the impact of the National employment policy and of the National plan on the promotion of the child on the abolition of child labour in Mauritania.

Article 3. 1. Minimum age for admission to hazardous work. The Committee 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 when 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. However, section 21 of Order No. 239, which provides that children may not work with circular saws or bandsaws, allows a dispensation, issued on written permission after investigation and subject to revocation by the labour inspector, for children over "15 years of age", who may be permitted to work with bandsaws. Furthermore, section 22 of Decree No. 239, which provides that in sheet-glass factories or other glassworks children under 18 years of age may not be employed to gather, blow or draw glass, also allows a dispensation, issued on written permission after investigation and subject to revocation by the labour inspector, "but without specifying the age of the children". According to Table B of the Order, children "over 14 years of age" may be employed in public and private abattoirs, but only in the other work performed by these establishments. The Committee reminds the Government that under Article 1, paragraph 3, of the Convention, the minimum age for admission to hazardous work, i.e. any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of young people, must not be less than 18 years.

The Committee notes that, under section 247(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, under subsection 2 of the same section, orders of the Labour Minister, adopted further to the opinion of the Technical Advisory Committee for Safety and Health, will determine 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 trusts that, when the abovementioned orders are adopted, the Government will take the necessary measures to guarantee that no person under 18 years of age will be permitted, other than under the exceptions allowed by the Convention, to perform hazardous work, in conformity with Article 3, paragraph 1, of the Convention.

2. Determination of types of hazardous employment or work. The Committee notes that Order No. 239 of 17 September 1954 establishes a list of types of work that are prohibited for children under 18 years of age. Apart from 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 contains a list of establishments in which the employment of children under 18 years of age is permitted under certain conditions. The Committee notes that this Order was adopted more than 50 years ago. It draws the Government’s attention to the provisions of Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which invites the Government to re-examine periodically and revise as necessary the list of the types of employment or work covered by Article 3 of the Convention, particularly in the light of advancing scientific and technological knowledge.

3. Authorization to employ children as from the age of 16 years. The Committee notes that Order No. 239 of 17 September 1954 allows the employment of children from the age of 16 years in hazardous work. Section 15 of Order No. 239 provides that in the underground galleries of mines and quarries, boys "under 16 years of age" may be employed only for the lightest work, such as sifting and loading of ore, manoeuvring and haulage of wagons within the weight limits laid down in section 6, and supervision and operation of ventilation posts. Moreover, section 21, which states that children may not work with circular saws or bandsaws, allows a dispensation, issued on written permission after investigation and subject to revocation by the labour inspector, for children over 16 years of age, who may be permitted to work with circular saws. Sections 24, 25, 26 and 27 of the Order provide that children "under 16 years of age" may not be employed in the following activities: turning vertical wheels and winches or handling pulleys; servicing steam valves; as doublers in workshops involving lamination and drawing mill operations; or in work performed with the aid of suspended scaffolds. Under section 32 of Order No. 239, child labour in the premises listed in Table B is permitted only under the conditions specified in the table. Hence it is permitted to employ children "between 16 and 18 years of age" under specific conditions in 11 establishments and to employ children of "17 years of age", again subject to certain conditions, in one establishment. Finally, section 1 of Order No. R-030 of 26 May 1992 provides that, no person under 16 years of age may be put in charge of manoeuvring hoists, including scaffold hoists, or give driver signals.

The Committee reminds the Government that under Article 3, paragraph 3, of the Convention, national legislation can, after consultation of employers’ and workers’ organizations, authorize the performance of hazardous work by young persons between 16 and 18 years of age provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. It also recalls that this provision of the Convention provides for a limited exception to the general rule prohibiting young people under 18 years of age from performing hazardous work and not a total authorization to perform hazardous work as from the age of 16 years. The Committee therefore requests the Government to provide information on the measures taken to ensure that the performance of hazardous work by young persons between 16 and 18 years of age will be permitted only in conformity with the provisions of Article 3, paragraph 3, of the Convention.

Article 5. Limitation of the scope of the Convention. The Committee notes that, at the time of ratification of the Convention, Mauritania declared that it was initially limiting the scope of the Convention to the branches of economic activity or to the types of enterprise covered by Article 5, paragraph 3, of the Convention, namely: mining and quarrying; manufacturing; construction and public works; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Committee would therefore be grateful if the Government would provide information on the general situation concerning the employment or work of children and adolescents in the branches of activity which are excluded from the scope of the present Convention, as well as all progress made towards a wider application of the provisions of the Convention, in conformity with Article 5, paragraph 4(a), of the Convention.

Article 6. 1. Vocational training. The Committee notes that Act No. 98.007 of 20 January 1988 concerning technical and vocational training lays down the rules and principles governing technical and vocational training. It notes that, under section 1 of the Act, training may be intended for both young persons and adults and aims to equip them with the knowledge, skills and conduct required to exercise a profession or an occupation. Under section 4 of the Act, the State is responsible for technical and vocational training. The Committee also notes that Decree No. 2003-047 of 19 June 2003 defines the composition and mode of operation of the National Council for Technical and Vocational Training (CNFTP). The Council is composed of representatives of the administration, of employers and of workers. The Committee also notes that section 396 of the new Labour Code regulates vocational training.

2. Apprenticeships. The Committee notes that, under sections 153(1) of the new Labour Code, the age for admission to an apprenticeship is 14 years, in accordance with Article 6 of the Convention. It also notes that sections 397-414 of the new Labour Code regulate apprenticeship contracts. The Committee requests the Government to provide information, particularly on apprentices’ conditions of work in practice and on consultations with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee notes that section 154 of the new Labour Code regulates the employment of children between 12 and 14 years of age in light work. Under this provision, no child over 12 but under 14 years of age may be employed without the express permission of the Minister of Labour. No exceptions to the minimum age for admission to work likely to jeopardize the rules on compulsory schooling may be granted. In addition, children over 12 years of age may be employed in work outside the hours of compulsory schooling provided that such work: is not harmful to their health and normal development; and does not exceed two hours per day on both school days and holidays, the total number of hours per day devoted to both school and light work not exceeding seven hours. While noting that this provision is in line with Article 7, paragraph 1, of the Convention, the Committee reminds the Government that Article 7, paragraph 3 stipulates that the competent authority shall determine, apart from the hours and conditions of work, the activities in which employment or light work may be permitted for children between 12 and 14 years of age. The Committee requests the Government to adopt the necessary measures to determine the activities in which employment or light work for children between 12 and 14 years of age may be permitted.

Article 8. Artistic performances. The Committee notes that national legislation does not appear to contain provisions regulating artistic performances. It reminds the Government that Article 8 of the Convention provides for the possibility of granting individual work permits, as an exception to the minimum age for admission to employment or work and after consultation of the employers’ and workers’ organizations concerned, for participating in activities such as artistic performances. Permits thus granted must limit the number of hours and lay down the conditions of the authorized employment or work. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in such activities.

Article 9. 1. Sanctions. The Committee notes that sections 449 and 450 of the new Labour Code provide for higher sanctions for contraventions of the legal provisions relating to child labour and of the provisions of the implementing decrees and orders. Under these provisions, contraventions are liable to a fine of between 5,000 to 20,000 ouguiyas (Um) and imprisonment of 15 days to one month, or either of these two penalties, and, for a repeat offence, a fine of 10,000 to 50,000 Um or either of these two penalties.

2. Keeping of registers. The Committee notes that section 156 of the new Labour Code provides that al employers have to keep at the disposal of the labour inspector a register mentioning the names and dates of birth and hours of work of all persons under 18 employed by them, in conformity with Article 9, paragraph 3, of the Convention.