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Repetition Article 3(3) of the Convention. Admission of children to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 239 of 17 September 1954, as amended by Order No. 10.300 of 2 June 1965 concerning child labour, unambiguously stipulates that it is prohibited to employ children of either sex under 18 years of age in work which exceeds their strength, exposes them to danger or, by its nature or the conditions in which it is carried out, is likely to harm their morals. The Committee nevertheless observed that 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 asked 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 was only permitted under strict conditions of protection and prior instruction. Lastly, the Committee noted the allegation made by the General Confederation of Workers of Mauritania (CGTM) that children are exploited in hazardous work in the major cities. The Committee notes that the Government does not provide any information on any amendments to the national legislation, which still does not stipulate that the two conditions laid down by Article 3(3) of the Convention shall be a prerequisite for permission to perform hazardous work from the age of 16 years. The Committee therefore requests the Government once again to take the necessary measures to ensure that Orders Nos 239 and R-030 are amended so as to provide that hazardous types of work by young persons between 16 and 18 years of age shall only be authorized in accordance with the provisions of Article 3(3) of the Convention. Article 5. Limitation of the scope of application of the Convention to certain branches of economic activity. In its previous comments, the Committee noted that, at the time of ratification of the Convention, Mauritania declared that it was initially limiting the scope of application of the Convention to the branches of economic activity and types of enterprise covered by Article 5(3) of the Convention, namely: mining and quarrying; manufacturing; construction and public works; electricity, gas and water; sanitary services; transport, storage and 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 noted the Government’s indications that, in the branches of activity excluded from the scope of the Convention, child labour is almost non-existent, apart from in the informal economy. However, the Committee noted the CGTM’s allegations that children are used in family-run agricultural holdings where they are exposed to pesticides and harsh working conditions, despite their age. The Committee notes that there is no information on this matter in the Government’s report. The Committee reminds the Government that, under the terms of Article 5(4)(a) of the Convention, any government which has limited the scope of application of the Convention in pursuance of that Article shall indicate in subsequent reports the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of the Convention, and any progress which may have been made towards wider application of the provisions of the Convention. The Committee therefore urges the Government once again to indicate the general situation regarding the employment or work of children and young persons in the branches of activity which are excluded from the scope of application of the Convention, in accordance with Article 5(4)(a), and particularly in family-run agricultural holdings.
Repetition Article 5 of the Convention. Limitation of the scope of the Convention to certain branches of economic activity. In its previous comments, the Committee noted that, at the time of ratification of the Convention, Mauritania declared that it was initially limiting the scope of the Convention to the branches of economic activity and types of enterprise covered by Article 5(3) of the Convention, namely: mining and quarrying; manufacturing; construction and public works; electricity, gas and water; sanitary services; transport, storage and 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 reminded the Government that, under the terms of Article 5(4)(a) of the Convention, any government which has limited the scope of application of the Convention in pursuance of that Article shall indicate in subsequent reports the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of the present Convention, and any progress which may have been made towards the wider application of the provisions of the Convention.The Committee noted the Government’s indications that, in the branches of activity excluded from the scope of the Convention, child labour is almost non existent, apart from in the informal sector. However, the Committee noted the CGTM’s allegations that children are used in family-run agricultural holdings where they are exposed to pesticides and heavy working conditions despite their age. The Committee therefore urges the Government to indicate the general situation as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of the Convention, in accordance with Article 5(4)(a), and more particularly in family-run agricultural holdings.
Repetition The Committee took note of the communication from the General Confederation of Workers of Mauritania (CGTM) dated 22 August 2011, and of the Government’s report.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, without exception, work by 13-year-old children in both the agricultural and non-agricultural sectors. The Committee noted that, according to the study undertaken by the Government in 2004 in collaboration with UNICEF, entitled “Child labour in Mauritania”, around 90,000 children under 14 years of age worked in the country, signifying an increase of around one third over four years. The study showed that poverty was responsible for child labour.The Committee noted the allegations of the CGTM that, despite this worrying situation, the Government is not conducting any coherent and concerted policy to redress the situation. There is a department specifically dealing with children’s matters, but none of the programmes developed in this department tackle the problem of child labour. Furthermore, the trade union organizations are not involved in these programmes.The Committee expressed its deep concern at the large number of young children working out of personal necessity in Mauritania. The Committee urges the Government to take short- or medium-term measures to bring about a gradual improvement in this situation, for instance by adopting a national policy aimed at abolishing child labour once and for all, in cooperation with the employers’ and workers’ associations concerned, and to provide information in this respect. The Committee also asks the Government to provide information on the way in which the Convention is applied in practice, by providing, for example, statistical data disaggregated by sex and age group on the nature, extent and trends of child labour and the employment of young persons working below the minimum age specified by the Government at the time of ratification, as well as extracts from the reports of the inspection services.Article 2(3). Compulsory schooling. The Committee previously noted the information provided by the Government to the effect that one of the methods to ensure the abolition of child labour was the adoption of Act No. 2001-054 of 19 July 2001, making basic education compulsory for children of both sexes from 6 to 14 years of age, signifying a minimum duration of schooling of six years. It also noted that the parents were henceforth required, subject to penalties, to send children aged between 6 and 14 years to school.The Committee noted the allegations of the CGTM that thousands of school drop-outs contribute greatly to the phenomenon of child labour in Mauritania and that children are often forced to leave school because of pressure from their parents.The Committee noted that, according to the Government, it is sparing no effort to improve the education system. In this respect the Government states that it is planning to organize a general education meeting (états généraux de l’éducation) in the near future. Furthermore, the Government indicated that the capacity of the labour inspections services has been strengthened and that they now have enough human resources to combat child labour effectively. A new labour inspectorate was also set up in 2010, which will help to cut child labour and help children enter economic and social life by providing training and apprenticeship programmes carried out in the formal and informal sectors. While noting the efforts made by the Government, the Committee noted that, according to 2009 UNICEF statistics, 79 per cent of girls and 74 per cent of boys are in primary school, whereas only 15 per cent of girls and 17 per cent of boys are in secondary school. The Committee expressed once again its concern at the persistence of low school attendance rates, especially at the secondary school level. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee requests the Government to renew its efforts to improve the working of the education system, particularly by increasing the secondary school attendance rate, especially among girls. In this respect, it asks the Government to provide information on the outcome of the general education meeting, as well as on any improvements in the education system it might bring. It also requests the Government to provide information on the number of children working under the minimum age who have been identified by the labour inspection services and integrated into the school system or in apprenticeships or vocational training, on condition that the minimum age requirements are respected.Article 3(3). Authorization to employ children in hazardous work as from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 239 of 17 September 1954 (Order No. 239), as amended by Order No. 10.300 of 2 June 1965 respecting child labour (the Child Labour Order), unequivocally provides that “it is prohibited to employ children of either sex under 18 years of age on work that exceeds their strength, involves risks of danger or which, by its nature or the conditions in which it is carried out, is likely to harm their morals”. The Committee nevertheless pointed out that this provision had established the general prohibition of employing young persons under 18 years of age on hazardous types of work, whereas other 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 (R-030), set forth exceptions to this prohibition for young persons between 16 and 18 years of age. The Committee requested the Government to provide information on the measures taken to ensure that the performance of hazardous types of work by young persons aged between 16 and 18 was only permitted under strict conditions of protection and prior instruction in conformity with the provisions of Article 3(3) of the Convention.The Committee noted the allegation of the CGTM that children are exploited in dangerous work in large cities, as apprentices, in the bus transport sector, as deliverers of large amounts of goods and as garage workers.The Committee noted that, according to the Government, labour inspectors and supervisors ensure strict compliance of the provisions of the Orders in question. The Government also stated that, if the need exists, measures are taken to guarantee that the performance of hazardous work by young persons between 16 and 18 years of age is only authorized if their health, safety and morals are fully protected and if they have received adequate specific instruction or vocational training in the relevant branch of activity. While taking account of the Government’s information, the Committee noted that the national legislation still does not stipulate that the two conditions provided for under Article 3(3) of the Convention are a prerequisite for allowing young people aged 16 years and over to perform hazardous work, despite the fact that there seems to be a problem in practice in this respect. The Committee therefore requests the Government to take the necessary measures to ensure that Orders Nos 239 and R-030 are amended so as to provide that hazardous types of work by young persons aged 16 to 18 years is only authorized in accordance with the provisions of Article 3(3) of the Convention.Article 7(3). Determination of light work. In its previous comments, the Committee noted that, under section 154 of the Labour Code regulating the employment of children between 12 and 14 years of age in light work, no child over 12 but under 14 years of age may be employed without the express permission of the Minister of Labour, and only under certain conditions restricting the hours of this employment. The Committee had reminded the Government that Article 7(3) provided that, in addition to the hours and conditions of work, the competent authority should determine the activities in which light employment might be permitted for children between 12 and 14 years of age. The Committee had noted the Government’s indication that it would take the necessary measures to determine the activities in which light work or employment by children might be authorized.The Committee noted the Government’s indication that a copy of the provisions determining the activities in which light employment or work may be permitted for children will be sent to the Office as soon as they have been adopted. Observing that a significant number of children work under the minimum age for admission to employment in Mauritania, the Committee urges the Government to take the necessary measures to bring national legislation into line with the Convention and to regulate the employment of children engaged in light work from the age of 12 years. It expresses the firm hope that light work will be determined by the national legislation in the very near future.
Repetition The Committee took note of the communication from the General Confederation of Workers of Mauritania (CGTM) dated 22 August 2011, and of the Government’s report.Article 5 of the Convention. Limitation of the scope of the Convention to certain branches of economic activity. In its previous comments, the Committee noted that, at the time of ratification of the Convention, Mauritania declared that it was initially limiting the scope of the Convention to the branches of economic activity and types of enterprise covered by Article 5(3) of the Convention, namely: mining and quarrying; manufacturing; construction and public works; electricity, gas and water; sanitary services; transport, storage and 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 reminded the Government that, under the terms of Article 5(4)(a) of the Convention, any government which has limited the scope of application of the Convention in pursuance of that Article shall indicate in subsequent reports the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of the present Convention, and any progress which may have been made towards the wider application of the provisions of the Convention.The Committee noted the Government’s indications that, in the branches of activity excluded from the scope of the Convention, child labour is almost non existent, apart from in the informal sector. However, the Committee noted the CGTM’s allegations that children are used in family-run agricultural holdings where they are exposed to pesticides and heavy working conditions despite their age. The Committee therefore urges the Government to indicate the general situation as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of the Convention, in accordance with Article 5(4)(a), and more particularly in family-run agricultural holdings.
Repetition The Committee took note of the communication from the General Confederation of Workers of Mauritania (CGTM) dated 22 August 2011, and of the Government’s report.Article 1 and Part V 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, without exception, work by 13-year-old children in both the agricultural and non-agricultural sectors. The Committee noted that, according to the study undertaken by the Government in 2004 in collaboration with UNICEF, entitled “Child labour in Mauritania”, around 90,000 children under 14 years of age worked in the country, signifying an increase of around one third over four years. The study showed that poverty was responsible for child labour.The Committee noted the allegations of the CGTM that, despite this worrying situation, the Government is not conducting any coherent and concerted policy to redress the situation. There is a department specifically dealing with children’s matters, but none of the programmes developed in this department tackle the problem of child labour. Furthermore, the trade union organizations are not involved in these programmes.The Committee expressed its deep concern at the large number of young children working out of personal necessity in Mauritania. The Committee urges the Government to take short or medium-term measures to bring about a gradual improvement in this situation, for instance by adopting a national policy aimed at abolishing child labour once and for all, in cooperation with the employers’ and workers’ associations concerned, and to provide information in this respect. The Committee also asks the Government to provide information on the way in which the Convention is applied in practice, by providing, for example, statistical data disaggregated by sex and age group on the nature, extent and trends of child labour and the employment of young persons working below the minimum age specified by the Government at the time of ratification, as well as extracts from the reports of the inspection services.Article 2(3). Compulsory schooling. The Committee previously noted the information provided by the Government to the effect that one of the methods to ensure the abolition of child labour was the adoption of Act No. 2001-054 of 19 July 2001, making basic education compulsory for children of both sexes from 6 to 14 years of age, signifying a minimum duration of schooling of six years. It also noted that the parents were henceforth required, subject to penalties, to send children aged between 6 and 14 years to school.The Committee noted the allegations of the CGTM that thousands of school drop-outs contribute greatly to the phenomenon of child labour in Mauritania and that children are often forced to leave school because of pressure from their parents.The Committee noted that, according to the Government, it is sparing no effort to improve the education system. In this respect the Government states that it is planning to organize a general education meeting (états généraux de l’éducation) in the near future. Furthermore, the Government indicated that the capacity of the labour inspections services has been strengthened and that they now have enough human resources to combat child labour effectively. A new labour inspectorate was also set up in 2010, which will help to cut child labour and help children enter economic and social life by providing training and apprenticeship programmes carried out in the formal and informal sectors. While noting the efforts made by the Government, the Committee noted that, according to 2009 UNICEF statistics, 79 per cent of girls and 74 per cent of boys are in primary school, whereas only 15 per cent of girls and 17 per cent of boys are in secondary school. The Committee expressed once again its concern at the persistence of low school attendance rates, especially at the secondary school level. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee requests the Government to renew its efforts to improve the working of the education system, particularly by increasing the secondary school attendance rate, especially among girls. In this respect, it asks the Government to provide information on the outcome of the general education meeting, as well as on any improvements in the education system it might bring. It also requests the Government to provide information on the number of children working under the minimum age who have been identified by the labour inspection services and integrated into the school system or in apprenticeships or vocational training, on condition that the minimum age requirements are respected.Article 3(3). Authorization to employ children in hazardous work as from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 239 of 17 September 1954 (Order No. 239), as amended by Order No. 10.300 of 2 June 1965 respecting child labour (the Child Labour Order), unequivocally provides that “it is prohibited to employ children of either sex under 18 years of age on work that exceeds their strength, involves risks of danger or which, by its nature or the conditions in which it is carried out, is likely to harm their morals”. The Committee nevertheless pointed out that this provision had established the general prohibition of employing young persons under 18 years of age on hazardous types of work, whereas other 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 (R-030), set forth exceptions to this prohibition for young persons between 16 and 18 years of age. The Committee requested the Government to provide information on the measures taken to ensure that the performance of hazardous types of work by young persons aged between 16 and 18 was only permitted under strict conditions of protection and prior instruction in conformity with the provisions of Article 3(3) of the Convention.The Committee noted the allegation of the CGTM that children are exploited in dangerous work in large cities, as apprentices, in the bus transport sector, as deliverers of large amounts of goods and as garage workers.The Committee noted that, according to the Government, labour inspectors and supervisors ensure strict compliance of the provisions of the Orders in question. The Government also stated that, if the need exists, measures are taken to guarantee that the performance of hazardous work by young persons between 16 and 18 years of age is only authorized if their health, safety and morals are fully protected and if they have received adequate specific instruction or vocational training in the relevant branch of activity. While taking account of the Government’s information, the Committee noted that the national legislation still does not stipulate that the two conditions provided for under Article 3(3) of the Convention are a prerequisite for allowing young people aged 16 years and over to perform hazardous work, despite the fact that there seems to be a problem in practice in this respect. The Committee therefore requests the Government to take the necessary measures to ensure that Orders Nos 239 and R-030 are amended so as to provide that hazardous types of work by young persons aged 16 to 18 years is only authorized in accordance with the provisions of Article 3(3) of the Convention.Article 7(3). Determination of light work. In its previous comments, the Committee noted that, under section 154 of the Labour Code regulating the employment of children between 12 and 14 years of age in light work, no child over 12 but under 14 years of age may be employed without the express permission of the Minister of Labour, and only under certain conditions restricting the hours of this employment. The Committee had reminded the Government that Article 7(3) provided that, in addition to the hours and conditions of work, the competent authority should determine the activities in which light employment might be permitted for children between 12 and 14 years of age. The Committee had noted the Government’s indication that it would take the necessary measures to determine the activities in which light work or employment by children might be authorized.The Committee noted the Government’s indication that a copy of the provisions determining the activities in which light employment or work may be permitted for children will be sent to the Office as soon as they have been adopted. Observing that a significant number of children work under the minimum age for admission to employment in Mauritania, the Committee urges the Government to take the necessary measures to bring national legislation into line with the Convention and to regulate the employment of children engaged in light work from the age of 12 years. It expresses the firm hope that light work will be determined by the national legislation in the very near future.The Committee is raising other points in a request addressed directly to the Government.
Repetition The Committee takes note of the communication from the General Confederation of Workers of Mauritania (CGTM) dated 22 August 2011, and of the Government’s report.Article 5 of the Convention. Limitation of the scope of the Convention to certain branches of economic activity. In its previous comments, the Committee noted that, at the time of ratification of the Convention, Mauritania declared that it was initially limiting the scope of the Convention to the branches of economic activity and types of enterprise covered by Article 5(3) of the Convention, namely: mining and quarrying; manufacturing; construction and public works; electricity, gas and water; sanitary services; transport, storage and 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 reminded the Government that, under the terms of Article 5(4)(a) of the Convention, any government which has limited the scope of application of the Convention in pursuance of that Article shall indicate in subsequent reports the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of the present Convention, and any progress which may have been made towards the wider application of the provisions of the Convention.The Committee notes the Government’s indications that, in the branches of activity excluded from the scope of the Convention, child labour is almost non existent, apart from in the informal sector. However, the Committee notes the CGTM’s allegations that children are used in family-run agricultural holdings where they are exposed to pesticides and heavy working conditions despite their age. The Committee therefore urges the Government to indicate the general situation as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of the Convention, in accordance with Article 5(4)(a), and more particularly in family-run agricultural holdings.
Repetition The Committee takes note of the communication from the General Confederation of Workers of Mauritania (CGTM) dated 22 August 2011, and of the Government’s report.Article 1 and Part V of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee had noted the indications of the International Trade Union Confederation (ITUC), according to which the Ministry of Labour authorized, without exception, work by 13-year-old children in both the agricultural and non-agricultural sectors. The Committee had noted that, according to the study undertaken by the Government in 2004 in collaboration with UNICEF, entitled “Child labour in Mauritania”, around 90,000 children under 14 years of age worked in the country, signifying an increase of around one third over four years. The study showed that poverty was responsible for child labour.The Committee notes the allegations of the CGTM that, despite this worrying situation, the Government is not conducting any coherent and concerted policy to redress the situation. There is a department specifically dealing with children’s matters, but none of the programmes developed in this department tackle the problem of child labour. Furthermore, the trade union organizations are not involved in these programmes.The Committee expresses its deep concern at the large number of young children working out of personal necessity in Mauritania. The Committee urges the Government to take short or medium-term measures to bring about a gradual improvement in this situation, for instance by adopting a national policy aimed at abolishing child labour once and for all, in cooperation with the employers’ and workers’ associations concerned, and to provide information in this respect. The Committee also asks the Government to provide information on the way in which the Convention is applied in practice, by providing, for example, statistical data disaggregated by sex and age group on the nature, extent and trends of child labour and the employment of young persons working below the minimum age specified by the Government at the time of ratification, as well as extracts from the reports of the inspection services.Article 2(3). Compulsory schooling. The Committee had previously noted the information provided by the Government to the effect that one of the methods to ensure the abolition of child labour was the adoption of Act No. 2001-054 of 19 July 2001, making basic education compulsory for children of both sexes from 6 to 14 years of age, signifying a minimum duration of schooling of six years. It had also noted that the parents were henceforth required, subject to penalties, to send children aged between 6 and 14 years to school.The Committee notes the allegations of the CGTM that thousands of school drop-outs contribute greatly to the phenomenon of child labour in Mauritania and that children are often forced to leave school because of pressure from their parents.The Committee notes that, according to the Government, it is sparing no effort to improve the education system. In this respect the Government states that it is planning to organize a general education meeting (états généraux de l’éducation) in the near future. Furthermore, the Government indicates that the capacity of the labour inspections services has been strengthened and that they now have enough human resources to combat child labour effectively. A new labour inspectorate was also set up in 2010, which will help to cut child labour and help children enter economic and social life by providing training and apprenticeship programmes carried out in the formal and informal sectors. While noting the efforts made by the Government, the Committee notes that, according to 2009 UNICEF statistics, 79 per cent of girls and 74 per cent of boys are in primary school, whereas only 15 per cent of girls and 17 per cent of boys are in secondary school. The Committee expresses once again its concern at the persistence of low school attendance rates, especially at the secondary school level. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee requests the Government to renew its efforts to improve the working of the education system, particularly by increasing the secondary school attendance rate, especially among girls. In this respect, it asks the Government to provide information on the outcome of the general education meeting, as well as on any improvements in the education system it might bring. It also requests the Government to provide information on the number of children working under the minimum age who have been identified by the labour inspection services and integrated into the school system or in apprenticeships or vocational training, on condition that the minimum age requirements are respected.Article 3(3). Authorization to employ children in hazardous work as from the age of 16 years. In its previous comments, the Committee had noted that section 1 of Order No. 239 of 17 September 1954 (Order No. 239), as amended by Order No. 10.300 of 2 June 1965 respecting child labour (the Child Labour Order), unequivocally provides that “it is prohibited to employ children of either sex under 18 years of age on work that exceeds their strength, involves risks of danger or which, by its nature or the conditions in which it is carried out, is likely to harm their morals”. The Committee had nevertheless pointed out that this provision had established the general prohibition of employing young persons under 18 years of age on hazardous types of work, whereas other 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 (R-030), set forth exceptions to this prohibition for young persons between 16 and 18 years of age. The Committee had requested the Government to provide information on the measures taken to ensure that the performance of hazardous types of work by young persons aged between 16 and 18 was only permitted under strict conditions of protection and prior instruction in conformity with the provisions of Article 3(3) of the Convention.The Committee notes the allegation of the CGTM that children are exploited in dangerous work in large cities, as apprentices, in the bus transport sector, as deliverers of large amounts of goods and as garage workers.The Committee notes that, according to the Government, labour inspectors and supervisors ensure strict compliance of the provisions of the Orders in question. The Government also states that, if the need exists, measures are taken to guarantee that the performance of hazardous work by young persons between 16 and 18 years of age is only authorized if their health, safety and morals are fully protected and if they have received adequate specific instruction or vocational training in the relevant branch of activity. While taking account of the Government’s information, the Committee notes that the national legislation still does not stipulate that the two conditions provided for under Article 3(3) of the Convention are a prerequisite for allowing young people aged 16 years and over to perform hazardous work, despite the fact that there seems to be a problem in practice in this respect. The Committee therefore requests the Government to take the necessary measures to ensure that Orders Nos 239 and R-030 are amended so as to provide that hazardous types of work by young persons aged 16 to 18 years is only authorized in accordance with the provisions of Article 3(3) of the Convention.Article 7(3). Determination of light work. In its previous comments, the Committee noted that, under section 154 of the Labour Code regulating the employment of children between 12 and 14 years of age in light work, no child over 12 but under 14 years of age may be employed without the express permission of the Minister of Labour, and only under certain conditions restricting the hours of this employment. The Committee had reminded the Government that Article 7(3) provided that, in addition to the hours and conditions of work, the competent authority should determine the activities in which light employment might be permitted for children between 12 and 14 years of age. The Committee had noted the Government’s indication that it would take the necessary measures to determine the activities in which light work or employment by children might be authorized.The Committee notes the Government’s indication that a copy of the provisions determining the activities in which light employment or work may be permitted for children will be sent to the Office as soon as they have been adopted. Observing that a significant number of children work under the minimum age for admission to employment in Mauritania, the Committee urges the Government to take the necessary measures to bring national legislation into line with the Convention and to regulate the employment of children engaged in light work from the age of 12 years. It expresses the firm hope that light work will be determined by the national legislation in the very near future.The Committee is raising other points in a request addressed directly to the Government.
Article 3, paragraph 3, of the Convention. Authorization to employ children in hazardous work, as from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 239 of 17 September 1954, as amended by Order No. 10.300 of 2 June 1965 respecting child labour (the Child Labour Order), provides that in establishments of any nature, including family enterprises or private homes, it is prohibited to employ children under 18 years of age on hazardous work. It however noted that certain provisions of Order No. 239 of 17 September 1954 (Order No. 239), including sections 15, 21, 24, 25, 26, 27 and 32, allow the employment of children from the age of 16 years on hazardous types of work. Finally, it noted that section 1 of Order No. R-030 of 26 May 1992 (Order No. R-030) provides that no person under 16 years of age may be placed in charge of operating hoists, including scaffold hoists, or giving driver signals. The Committee requested the Government to provide information on the measures adopted to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only permitted under strict conditions of protection and prior instruction in conformity with the provisions of Article 3(3) of the Convention.
In its report, the Government indicates that section 1 of the Child Labour Order unambiguously provides that “it is prohibited to employ children of either sex under 18 years of age on work that exceeds their strength, involves risks of danger or which, by its nature or the conditions in which it is carried out, is likely to harm their morals”. The Committee however observes that this provision establishes the general prohibition of employing young persons under 18 years of age on hazardous types of work, while the provisions of Orders No. 239 and No. R-030 set forth exceptions to this prohibition for children between the ages of 16 and 18 years. The Committee reminds the Government that Article 3(3) of the Convention only authorizes the employment or work of young persons between 16 and 18 years of age under strict conditions of protection and prior instruction. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons aged between 16 and 18 years is only authorized on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with the provisions of Article 3(3).
Article 5. Limitation of the scope of the Convention to certain branches of economic activity. In its previous comments, the Committee noted that, at the time of ratification of the Convention, Mauritania declared that it was initially limiting the scope of the Convention to the branches of economic activity and types of enterprise covered by Article 5(3) of the Convention, namely: mining and quarrying; manufacturing; construction and public works; electricity, gas and water; sanitary services; transport, storage and communications; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Committee reminds the Government that, under the terms of Article 5(4)(a), of the Convention, any government which has limited the scope of application of the Convention in pursuance of that Article shall indicate in subsequent reports the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of the present Convention, and any progress which may have been made towards the wider application of the provisions of the Convention. In this respect, the Committee noted previously that, according to a study undertaken by the Government in 2004 in collaboration with UNICEF, children work on their own account in the informal economy as carters, hawkers or in the street, while girls work especially as domestic workers.
The Committee notes the Government’s indications that, in the branches of activity excluded from the scope of application of the Convention, child labour is almost non-existent. However, the Government has the intention of extending the scope of application of the Convention to the informal economy, where there are still children who work. The Committee requests the Government to indicate the general situation as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of the Convention, in accordance with Article 5(4)(a).
Article 7, paragraph 3. Determination of light work. In its previous comments, the Committee noted that, under section 154 of the Labour Code regulating the employment of children between 12 and 14 years of age in light work, no child over 12 but under 14 years of age may be employed without the express permission of the Minister of Labour. Children over 12 years of age may be employed in work outside the hours of compulsory schooling, provided that such work is not harmful to their health and normal development and does not exceed two hours per day on both school days and holidays, with the total number of hours per day devoted to both school and light work not exceeding seven hours. The Committee reminded the Government that Article 7(3) provides that, in addition to the hours and conditions of work, the competent authority shall determine the activities in which light employment or work may be permitted for children between 12 and 14 years of age.
The Committee notes the Government’s indication that it will take the necessary measures to determine the activities in which light work or employment by children may be authorized. The Committee requests the Government to provide information on any progress achieved in the determination of the activities in which light work or employment by children between 12 and 14 years of age may be authorized, and to provide a copy of the text once it has been adopted.
Article 2, paragraph 3, of the Convention and Part V of the report form. Compulsory schooling 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, without exception, work by 13-year-old children in both the agricultural and non-agricultural sectors. The ITUC also indicated that, according to UNICEF statistics for 2000, the total number of child workers aged between 10 and 14 was 68,000, which represents a slight decrease over previous years. However, the Committee noted that, according to the study undertaken by the Government in 2004 in collaboration with UNICEF, entitled “Child Labour in Mauritania”, around 90,000 children under 14 years of age work in the country, signifying an increase of around one third over four years. The study shows that poverty is responsible for child labour. The Committee noted that, according to UNICEF information, the Government has implemented a ten-year development plan for education, the aim of which is to increase the school attendance rate of young persons in the first cycle of secondary education and to establish remedial courses for children who have never been to, or have dropped out of, school.
The Committee notes the information provided by the Government to the effect that one of the methods to ensure the abolition of child labour is the adoption of Act No. 2001-054 of 19 July 2001, making basic education compulsory for children of both sexes from 6 to 14 years of age, signifying a minimum duration of schooling of six years. It also notes that, according to the Government, parents are now required, under penalty of penal sanctions, to send children aged between 6 and 14 years to school. The Committee also notes that, in its second periodic report submitted to the Committee on the Rights of the Child in July 2008 (CRC/C/MRT/2, paragraphs 165–167), the Government indicates that there have been significant improvements over the past two decades in basic and secondary education as a result, among other measures, of the National Programme for the Development of the Education Sector, 2001–10 (National Ten-year Programme), the principal components of which include the reduction of regional disparities and the improvement of girls’ enrolment. Indeed, the Government’s total expenditure on education is increasing every year: between 2000 and 2004, there was a rise of one third in spending on education and basic education as a percentage of GDP, and an increase of 2.7 per cent in the investment budget for education (CRC/C/MRT/2, paragraphs 184 and 185). However, despite these efforts, “the capacity of the education system to look after, educate and train children remains a concern” (CRC/C/MRT/2, paragraph 174). In this respect, the Committee notes that the rate of transition from basic to secondary school is only 38.8 per cent for girls and 43.3 per cent for boys (CRC/C/MRT/2, paragraph 177). In this respect, the Committee notes that the Government is “endeavouring to find responses to the demands of young people who have been unable to complete their general education by offering them alternative means to continue their studies, find jobs and avoid marginalization and a precarious existence” (CRC/C/MRT/2, paragraph 194).
The Committee notes that, according to the Statistics in Brief 2006 of the UNESCO Institute for Statistics, 82 per cent of girls and 78 per cent of boys are in primary school, whereas only 15 per cent of girls and 16 per cent of boys are in secondary school. Despite the efforts and progress made by the Government, the Committee once again expresses deep concern at the persistence of low school attendance rates. It observes once again that poverty is one of the prime causes of child labour and, when combined with a deficient education system, hampers children’s development. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to renew its efforts to improve the working of the education system, particularly by increasing the secondary school attendance rate, especially among girls. The Committee requests the Government to provide information on the results achieved. It also asks the Government to step up its efforts to combat child labour by reinforcing the measures to enable working children to be integrated into the school system, whether formal or informal, or in apprenticeships or vocational training, on condition that the minimum age requirements are respected, and to provide information in this respect.
The Committee is raising other points in a request addressed directly to the Government.
The Committee notes the Government’s report.
Article 3, paragraph 3, of the Convention. Authorization to employ children as from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 239 of 17 September 1954, as amended by Order No. 10.300 of 2 June 1965 concerning child labour, provides that in establishments of any nature, including family enterprises or private homes, it is prohibited to employ children under 18 years of age in hazardous work. It also noted that certain provisions of Order No. 239 of 17 September 1954 allow the employment of young persons from the age of 16 years in hazardous work: section 15 (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 specified weight limits); section 21 (subject to the written permission of the labour inspector, children over 15 years of age may work with bandsaws); sections 24, 25, 26 and 27 (children under 16 years of age may not be employed in 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); and section 32, which refers to Table B (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, it noted that 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 giving driver signals.
The Committee reminded the Government that under Article 3, paragraph 3, of the Convention, national legislation can, after consultation with 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. The Committee therefore requested 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. Noting the lack of information in the Government’s report, the Committee requests it once again to supply information in this respect.
Article 5. Limitation of the scope of the Convention to certain branches of economic activity. 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 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. Under Article 5, paragraph 4(a), of the Convention, any government which has limited the scope of application of the Convention under this Article must provide information in its subsequent reports on the general situation concerning the employment or work of children and young persons in the branches of activity which are excluded from the scope of the Convention, and also all progress made towards a wider application of the provisions of the Convention. In this regard, the Committee notes that, according to a study undertaken by the Government in 2004 in collaboration with UNICEF, children work in the informal sector on a self-employed basis as carters, hawkers or in the street, and girls work especially as domestic workers. Reminding the Government that, under Article 5, paragraph 4(b), it may at any time formally extend the scope of application of the Convention by a declaration addressed to the Director-General of the International Labour Office, the Committee would be grateful if the Government would indicate whether it intends to extend the scope of application of the Convention to the branches of activity, especially in the informal sector, which it excluded at the time of ratification.
Article 7, paragraph 3. Determination of light work. The Committee previously noted that, under section 154 of the Labour Code regulating the employment of children between 12 and 14 years of age in light work, no child over 12 but under 14 years of age may be employed without the express permission of the Minister of Labour. Children over 12 years of age may be employed in work outside the hours of compulsory schooling provided that such work is not harmful to their health and normal development and does not exceed two hours per day on both school days and holidays, the total number of hours per day devoted to both school and light work not exceeding seven hours. The Committee reminded the Government that Article 7, 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. Noting the lack of information in the Government’s report, the Committee requests the Government once again 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.
The Committee notes the Government’s report. It also notes the comments made by the International Trade Union Confederation (ITUC). The Committee requests the Government to supply information on the following points.
Article 2, paragraph 3, of the Convention and Part V of the report form. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted the indications of the ITUC to the effect that the Ministry of Labour, without exception, authorized work by 13-year-old children in both the agricultural and non-agricultural sectors. The ITUC also indicated that, according to UNICEF statistics for 2000, the total number of child workers aged between 10 and 14 was 68,000, which represents a slight decrease over previous years. The Committee noted 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 327 and 328), stated that, in order to tackle the economic exploitation of children, it had adopted important measures including the implementation of a national employment policy and a national plan for the promotion of the child.
The Committee notes that the ITUC indicates in its comments that Mauritania is witnessing a large-scale expansion of child labour, mostly involving precarious conditions. It notes that, according to the Government’s 2004 study on child labour in Mauritania, undertaken in collaboration with UNICEF, some 90,000 children under 14 years of age work in the country, slightly over 40 per cent of whom are girls. The study shows that poverty is one of the factors in child labour. The Committee notes the Government’s information that sectoral studies will be conducted in the informal sector in Kiffa and in some areas of Nouakchott to identify children who are working and seek, with the employers, to establish possibilities for training, education and integration.
The Committee notes that, according to UNICEF information, the Government has implemented a ten-year development plan for education, the aim of which is to increase the school attendance rate of young persons in the first cycle of secondary education and establish remedial courses for children who have never been to school or who have abandoned their studies. The Committee notes that, according to UNESCO statistics, 72 per cent of children, both girls and boys, attend primary school whereas only 14 per cent of girls and 17 per cent of boys are in secondary education. It notes that the Government has drawn up a national employment strategy and also a plan of action in this field.
The Committee notes that the number of child workers increased from 68,000 to 90,000 between 2000 and 2004. Moreover, despite the Government’s efforts, the Committee is deeply concerned at the persistence of low school attendance rates. It observes that poverty is one of the prime causes of child labour and when it combines with a deficient education system, it hampers children’s development. In view of the fact that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to renew its efforts to improve the working of the education system, particularly by increasing the school attendance rate and reducing the school drop-out rate, especially among girls. It also asks the Government to step up its efforts to combat child labour by reinforcing the measures enabling child workers to be integrated in the school system, whether formal or informal, or in apprenticeships or vocational training as long as minimum age requirements are met. Moreover, the Committee hopes that the studies mentioned by the Government will be conducted as soon as possible. It requests the Government to supply information on the results of the studies, once they are completed, by providing, for example, statistical data disaggregated by sex and age group on the nature, extent and trends of child labour and the employment of young persons working below the minimum age specified by the Government at the time of ratification, as well as extracts from reports of the inspection services.
The Committee is also raising a number of other matters in a direct request to the Government.
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.
The Committee notes the Government’s first report and the communication from the International Confederation of Free Trade Unions (ICFTU), dated 9 September 2002. It also notes with interest the adoption of Act No. 2004-015 establishing the Labour Code. The Committee requests the Government to provide information on the following points.
Article 2, paragraphs 1 and 4, of the Convention and Part V of the report form. Minimum age for admission to employment or work and application in practice. In its communication, the ICFTU indicates that the Ministry of Labour authorizes, without exception, children of 13 and 14 years of age to work in both the agricultural and non-agricultural sectors. The ICFTU also indicates that, according to UNICEF statistical data for 2000, the total number of child workers between 10 and 14 years of age was 68,000, a slight decrease compared to previous years. Many children who are unable to complete their education for various reasons end up on the labour market at a very early age. The ICFTU also indicates that children are working in agriculture, fisheries, guarding of livestock and in activities of the unstructured urban sector. Some children also work as apprentices in small undertakings. However, very little information is available regarding the conditions of work and opportunities for training. The ICFTU concludes that, even though there has been a reduction of child labour in Mauritania the problem still exists. Most children work in rural areas or in unstructured urban activities.
The Committee notes the Government’s information to the effect that no reliable statistical data on the employment of children and adolescents and the number and nature of contraventions is available. It indicates, however, that an information campaign conducted by labour inspectors and certain NGOs has shown that child labour is virtually non-existent in Mauritania. The Committee notes, however, 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 327 and 328), stated that in the rural sector child labour is often a gradual initiation into parents’ activities in the areas of stock rearing, agriculture and domestic work. These child workers are primarily home helps. Children working in rural families are often sheltered from abuses and benefit from the protection and care of parents and members of the extended family. The Government indicates, however, that excessive demands are sometimes made on the children’s physical capabilities, and their general state of health is affected. In the absence of objective data on the number of children working and on their needs, most experts agree that it is in rural areas, especially in the agricultural sector, that this phenomenon is encountered the most. The Government also indicated that it is in the unstructured urban sector, which is rarely the subject of statistics, that children are employed. During slack periods, rural inhabitants without occupation or income go to the towns and cities in search of employment and means of subsistence. In its concluding observations on the Government’s initial report in November 2001 (CRC/C/15/Add.159, paragraphs 18, 49 and 50), the Committee on the Rights of the Child expressed its concern at the high number of children who are working, particularly in agriculture and the unstructured sector. In view of the absence of data enabling evaluation and monitoring of progress made and assessment of the impact of measures adopted for children, the Committee on the Rights of the Child recommended the Government to develop a system of data collection which would include in particular working children. The Committee also recommended that the necessary measures be taken to prevent and combat all forms of economic exploitation of children.
The Committee notes that Mauritania, at the time of ratification of the Convention, specified 14 years as the minimum age for admission to employment or work, in accordance with Article 2, paragraph 4, of the Convention. It also notes that, under section 153 of the new Labour Code, children may not be employed in any enterprise, even as apprentices, before the age of 14 years, or above that age if they are still subject to compulsory education. It reminds the Government that, under Article 2, paragraphs 1 and 4, of the Convention, no person below the age specified at the time of ratification, namely 14 years in the case of Mauritania, may be admitted to employment or work in any occupation. The Committee expresses its deep concern at the situation of children under the age of 14 years who are compelled to work in Mauritania. It therefore strongly encourages the Government to renew its efforts to make gradual improvements to the situation. Hence the Committee, referring to its general observation made at its 2003 session, requests the Government to provide detailed information on the manner in which the Convention is applied in practice, for example by giving the fullest possible statistical data on the nature, extent and trends of the work performed by children and adolescents below the minimum age specified by the Government at the time of ratification, extracts from reports of the inspection services, and information on the number and nature of contraventions reported and on the sanctions applied. To the extent possible, all information provided should be disaggregated by sex.
The Committee also raises other points in a request addressed directly to the Government.