Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Minimum Age Convention, 1973 (No. 138) - Mauritania (Ratification: 2001)

The Committee notes the observations from the Free Confederation of Mauritanian Workers (CLTM) dated 29 August 2013 and from the General Confederation of Workers of Mauritania (CGTM) dated 28 August 2015, as well as 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 collaboration with UNICEF, some 90,000 children under 14 years of age were working in the country.

The Committee notes the observations from the CLTM, to the effect that young children are working in hazardous conditions in agriculture, small-scale fishing, construction and garbage removal, including the children of slaves and former slaves. The CLTM also indicates that these children work throughout the day without any rest period, which causes them multiple health problems. The Committee duly notes the Government’s indication that a National Plan of Action on the Elimination of Child Labour 2015–20 (PANETE–RIM) was adopted on 14 May 2015. It notes that the PANETE–RIM forms part of the implementation of the roadmap for combating the vestiges of slavery, Recommendation No. 17 of which is concerned with taking account of action against child labour in agreements signed between the State and international enterprises. The Government indicates that the National Plan of Action comprises five strategic components, namely: strengthening legal and institutional frameworks; building technical and operational capacity; raising awareness and increasing knowledge of child labour; implementing direct action to combat child labour in spheres and sectors of use and exploitation; and collaboration, coordination and partnership. The Committee further notes the observations of the CGTM to the effect that the social partners have been associated with the formulation and design of the PANETE–RIM. The Committee also notes the Government’s indication that the setting up of 30 communal child protection systems in 10 wilayas (regions) has enabled care to be provided for 10,782 victims of child labour. However, it observes that, according to the “MICS4 – Multiple indicator cluster survey” finalized by the National Statistics Office in 2014 and quoted in the PANETE–RIM, 22 per cent of children between 5 and 14 years of age are involved in child labour. While noting the measures taken by the Government, the Committee is bound to express its concern at the situation of children working below the minimum age, often under hazardous conditions. The Committee therefore urges the Government to take the necessary measures to ensure the effective abolition of child labour and to provide information on the activities and results achieved through the implementation of the National Plan of Action on the Elimination of Child Labour 2015–20 (PANETE–RIM).

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, with a minimum six-year period of schooling. However, the Committee noted a low enrolment rate in primary education and a very low enrolment rate in secondary education.

The Committee notes the Government’s information to the effect that the Centre for the Protection and Social Integration of Children (CPISE) has enabled more than 1,000 children who had dropped out of school to resume their education. The Committee also notes the establishment of a unit within the Ministry of Education which has responsibility for dealing with out-of-school children, according to the UNICEF annual report for 2013 (page 17). However, the Committee notes the observations from the CLTM that the State is making no effort to create conditions conducive to ensuring schooling for children and an acceptable standard of living, pointing out that most adwabas (former slave villages) do not have a school or basic services. The Committee also notes that, according to the UNICEF report, non-attendance at school remains a major challenge in Mauritania. It also notes that, according to the 2015 joint report produced by the Government and ILO–IPEC on child labour in Mauritania, school wastage is one of the main reasons for the large number of children on the labour market in Nouakchott (page 20). While taking due note of the measures provided for in the PANETE–RIM, including support measures for the ZEP programme (concerning priority education areas) to reduce school wastage and increase the attendance rate (objective 4.2), the Committee notes with concern the persistence of low school attendance rates, especially at secondary level, according to UNESCO statistics for 2013, which indicate that the net primary school enrolment rate is 73.1 per cent, the net secondary school enrolment rate is 21.6 per cent, and the primary school completion rate is 64.1 per cent. Recalling that compulsory schooling is one of the most effective means of combating child labour, the Committee once again requests the Government to take the necessary measures, including as part of the implementation of the PANETE–RIM, to provide compulsory education until the minimum age for admission to employment, increasing the primary and secondary education enrolment rates and reducing the drop-out rate. The Committee requests the Government to supply information on any new developments in this respect.

Article 7(3). Determination of light work. In its previous comments, the Committee noted that, under section 154 of the Labour Code 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 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 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 would be sent to the Office once they had been adopted.

The Committee notes the absence of information on this matter in the Government’s report. Observing that a significant number of children are working below the minimum age for admission to employment in Mauritania, the Committee once again urges the Government to take the necessary measures, particularly in the context of the implementation of objective 1.2 of the PANETE–RIM, to bring the national legislation into line with the Convention and to regulate the employment of children of 12–14 years in light work.

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