Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the indications of the International Trade Union Confederation (ITUC), according to which the Ministry of Labour authorized work by 13-year-old children. It also noted the observations of the CLTM, to the effect that young children, including the children of slaves and former slaves, are working in hazardous conditions in agriculture, small-scale fishing, construction work and garbage removal. It also noted that, according to the “MICS4 – Multiple Indicator Cluster Survey” finalized by the National Statistics Office in 2014, 22 per cent of children between 5 and 14 years of age were involved in child labour. The Committee requested the Government to take the necessary measures to ensure the effective abolition of child labour. The Committee also noted the adoption of the National Plan of Action on the Elimination of Child Labour 2015–20 (PANETE–RIM), and requested the Government to provide information on the activities and results achieved through the Plan of Action.

The Committee notes the information provided by the Government in its report, indicating that a National Council for Children has been set up, in order to assist the department responsible for children with the coordination, preparation, implementation and monitoring/evaluation of policies, strategies and programmes for children. The Government also indicates that ten regional childhood protection boards have been set up, which enabled the identification in 2017 of over 17,000 child victims of violence, exploitation, discrimination, abuse and negligence, including working children. It adds that awareness-raising events against child labour were organized during the year. The Committee notes the ILO information that, in the context of the “MAP 16” project launched in Nouakchott in March 2019, an agreement was established in the small-scale fishing sector to combat child labour in national supply chains. In addition, the Ministry for Children and the Family was due to launch an interactive guide in October 2019 for the prevention of child labour in Mauritania, designed, inter alia, for members of the PANETE-RIM steering committee and members of the national child protection system.

The Committee observes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of November 2018, expressed deep concern at the high prevalence of child labour in the informal, agricultural, fishery and mining sectors, and at the lack of resources allocated for the implementation of the PANETE-RIM (CRC/C/MRT/CO/3-5, paragraph 40).

Furthermore, the Committee notes the observations of the CLTM, to the effect that children work in all sectors of activity, including hazardous work likely to jeopardize their health, safety or morals.

While noting the measures taken by the Government, the Committee expresses its concern at the situation of children working below the minimum age, often in hazardous conditions. The Committee urges the Government to continue its efforts to ensure the progressive elimination of child labour and to continue providing information on the activities and results of the National Plan of Action on the Elimination of Child Labour (PANETE–RIM). The Committee also requests the Government to provide information on the activities of the National Council for Children and on the regional childhood protection boards for combating child labour.

Article 3(3). Admission of children to hazardous work from the age of 16 years. In its previous comments, the Committee noted that although section 1 of Order No. 239 of 17 September 1954, as amended by Order No. 10.300 of 2 June 1965 concerning child labour, prohibits the employment of children under 18 years of age in hazardous work, certain provisions, such as sections 15, 21, 24, 25, 26, 27 and 32 of Order No. 239 and section 1 of Order No. R-030 of 26 May 1992, set forth exceptions to this prohibition for young persons between 16 and 18 years of age. The Committee also noted the allegation made by the General Confederation of Workers of Mauritania (CGTM) that children are exploited in hazardous work in the major cities, and it asked the Government to ensure that the performance of hazardous work by young persons between 16 and 18 years of age is only authorized under strict conditions of protection and prior training, in accordance with Article 3(3) of the Convention. The Committee notes the Government’s indication that it will take the necessary steps to bring the national legislation into line with the Convention, as part of the review of the Labour Code, and that it will ensure that the Orders in question are amended so as to provide that the performance of hazardous work by young persons between 16 and 18 years of age is only authorized in accordance with Article 3(3) of the Convention. The Committee expresses the firm hope that Orders Nos 239 and R-030 will be amended so that the performance of hazardous work by young persons between 16 and 18 years of age is only authorized in accordance with Article 3(3) of the Convention. The Committee requests the Government to provide information on the progress made in this respect.

Article 7(3). Determination of light work. In its previous comments, the Committee noted that, under section 154 of the Labour Code, no child between 12 and 14 years of age may be employed without the express permission of the Minister of Labour, and only under certain conditions restricting the hours of such employment. Observing that a substantial number of children were working below the minimum age of 14 years for admission to employment or work, the Committee requested the Government to take the necessary steps to ensure that the competent authority determines the activities in which the employment of, or light work by, children between 12 and 14 years of age may be permitted.

The Committee notes the Government’s indications that, as part of the review of the Labour Code, it will take the necessary measures to determine the activities in which the employment of, or light work by, children between 12 and 14 years of age may be permitted. The Committee expresses the firm hope that the Government will take account of the Committee’s comments, so that the activities in which the employment or work of children between 12 and 14 years of age is permitted are determined by the competent authority. It requests the Government to provide information on progress made in this respect.

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