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

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously asked 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 punish 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, for the production of pornography or for pornographic performances.

The Committee notes that the Government’s report is once again silent on this matter. The Committee notes that section 72 of Act No. 2018-024 of 21 June 2018 issuing the General Child Protection Code refers to the Ordinance for the protection of children under criminal law with regard to the penalties for sexual exploitation of children. The Committee urges the Government to indicate whether convictions have been handed down pursuant to sections 47, 48, 57, 58 and 59 of Ordinance No. 2005-015 for the protection of children under criminal law.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously asked the Government to take the necessary steps to prohibit the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs, as defined in relevant international agreements, and to adopt appropriate sanctions.

The Committee notes that, under sections 3, 4 and 5 read in conjunction with section 13 of Act No. 93-37 concerning the suppression of the illicit production, trafficking and use of drugs and psychotropic substances, the use of minors for the production, manufacturing and trafficking of high-risk drugs incurs the penalty of imprisonment of 30 to 60 years and a fine. The Committee requests the Government to provide information on the application in practice of sections 3, 4 and 5 read in conjunction with section 13 of Act No. 93-37, including the number of investigations, prosecutions and convictions handed down.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS orphans. The Committee previously asked the Government to provide information on the measures taken to protect HIV/AIDS orphans, especially in the context of the 2015–18 National Strategic Plan for Combating HIV/AIDS.

The Committee notes that the Government’s report does not contain any information on this matter. Recalling that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee once again requests the Government to provide information on the specific time-bound measures taken to ensure that these children are protected from these worst forms of labour. It also requests the Government to indicate whether the 2015–18 National Strategic Plan for Combating HIV/AIDS has been renewed.

2. Street children. The Committee notes that the United Nations Committee on the Rights of the Child (CRC) expressed concern at the large number of street children (CRC/C/MRT/CO/3-5, paragraph 42). The Committee also notes the indication of the National Human Rights Committee, in its 2016 annual report on the situation of children in Mauritania, that there are more boys than girls living or working on the streets but girls are less visible and more difficult to identify. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to identify and remove these children, including girls, from the streets and to rehabilitate them.

Article 8. International cooperation. Poverty reduction. The Committee previously noted that, according to the 2014 report of the National Statistics Office (ONS) quoted in the National Plan of Action on the Elimination of Child Labour (PANETE-RIM), the proportion of working children from poor families is 36 per cent, compared with 8 per cent from richer families. The Committee asked the Government to provide information on the measures taken in the context of the Poverty Reduction Strategy Paper (PRSP III) and the United Nations Development Assistance Framework (UNDAF) to eliminate the worst forms of child labour.

The Committee notes the observations of the CLTM that poverty affects the majority of the population, especially the Haratine and Afro-Mauritanian communities. The Committee notes the absence of information on this matter from the Government. The Committee notes the existence of the Strategy for Accelerated Growth and Shared Prosperity for 2016–30, following on from the Poverty Reduction Strategy Paper (PRSP) for 2016–30. It also notes the information concerning the mission of the Special Rapporteur on extreme poverty and human rights, contained in his report of March 2017, indicating that a large part of the population continues to live in multidimensional poverty, especially the Haratines and Afro-Mauritanians. The Special Rapporteur indicates that the Tadamoun agency, whose role includes poverty reduction and addressing the vestiges of slavery, lacks transparency in the way in which priority areas are determined and that the limited resources allocated to it are not used appropriately (A/HRC/35/26/Add.1). Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to reduce the incidence of poverty among the population, including the Haratine and Afro-Mauritanian communities. Its requests the Government to provide information on the impact of the implementation of the Strategy for Accelerated Growth and Shared Prosperity for 2016–30 and of the activities of the Tadamoun agency with regard to the elimination of the worst forms of child labour.