Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Mauritanie (Ratification: 2001)

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

Article 3 of the Convention. The worst forms of child labour. Clause (a). Slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted the adoption of Act No. 025/2003 of 17 July 2003 on the repression of the trafficking of persons. It also noted that, in its concluding observations on the Government’s initial report in November 2001 (CRC/C/15/Add.159, paragraph 49), the Committee on the Rights of the Child indicated that it recognized the Government’s efforts to stop cases of trafficking of children to Arab countries. The Committee requested the Government to provide information on the measures taken in this regard.

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

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

2. Forced or compulsory labour. Begging. The Committee noted previously that, in its concluding observations on the Government’s initial report in November 2001 (CRC/C/15/Add.159, paragraph 49), the Committee on the Rights of the Child expressed its concern at the number of children working, particularly in the streets, including the talibés who are exploited by their marabouts. It also noted the statement in a UNICEF study entitled “Child labour in Mauritania” that, according to a July 2003 study by the National Children’s Council (CNE), observations in the field suggest that street children tend to be beggars who give daily account of their begging activities to their marabouts. The study also indicated that talibé children are a new phenomenon in Mauritania which is limited in scope. The Committee requested the Government to take the necessary measures to protect street children and talibés from the worst forms of child labour.

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

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

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

2. Poverty reduction. The Committee noted previously that, in its initial report to the Committee on the Rights of the Child in January 2000 (CRC/C/8/Add.42, paragraph 331), the Government indicated that it had established a national plan to combat poverty. It also noted that, in its concluding observations of November 2001 on the Government’s report (CRC/C/15/Add.159, paragraphs 7 and 14), the Committee on the Rights of the Child noted with concern that economic and social difficulties facing the State party had a negative impact on the situation of children, particularly in rural and remote areas. The Committee requested the Government to provide information on the impact of the national plan to combat poverty on the elimination of the worst forms of child labour. The Committee notes the Government’s indication that it has included a series of actions for children in the strategic framework to combat poverty (CSLP), which is the guiding standard for sectoral macroeconomic policies and other medium- and long-term development policies. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee requests the Government to provide information on the measures adopted in the context of the implementation of the CSLP with a view to eliminating the worst forms of child labour, particularly with regard to the effective reduction of poverty among child victims of sale and trafficking and of forced begging.

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