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

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

Other comments on C138

Observation

Direct Request

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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.