Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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.