Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to ensure the prohibition and elimination of the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s indication that Act No. 025/2003 to suppress the trafficking of persons is applicable in this respect. The Committee notes, however, that this Act does not appear to prohibit the use, procuring or offering of a child for illicit activities, in accordance with Article 3(c) of the Convention. The Committee therefore urges the Government to take the necessary measures to ensure the prohibition and elimination of the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention. It further requests the Government to adopt appropriate sanctions.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that international cooperation projects for the reinforcement of the labour administration had been launched in the country, but that the inadequacy of the human and financial resources of the labour inspectorate constituted a major obstacle to the discharge of its supervisory functions, particularly in such fields as child labour. The Committee notes the very succinct information provided by the Government, according to which the capacities of the labour inspection system have been reinforced in terms of human, material and financial resources. The labour inspection services will carry out inspections in accordance with the laws and regulations in force. The Committee also notes that, according to the information provided by the Government in its report under Convention No. 81, ten new labour inspectors and ten new labour supervisors have been trained and recruited. The Committee requests the Government to provide information on the impact of the reinforcement of the capacities of the labour inspection system in terms of combating child labour, particularly its worst forms. The Committee also requests the Government to provide information on the role entrusted to the new labour inspectors and supervisors in relation to child labour, particularly its worst forms.

Article 6. Programmes of action. In its previous comments, the Committee requested the Government to indicate whether programmes of action had been drawn up to eliminate the worst forms of child labour and to provide information on their implementation. The Committee notes the Government’s indication that, with a view to the eradication of the worst forms of child labour, it has organized seminars to raise awareness of the fundamental Conventions for members of the National Human Rights Commission, magistrates and auxiliaries in the judicial system, as well as the promotion of a network for the rights of the child (including a defence association, a parliamentary group and an initiative by city mayors). The Committee further notes that, according to an ILO–IPEC project entitled “Project development, awareness raising and support for the implementation of the Global Action Plan”, assistance will be provided to help Mauritania in the development and implementation off a national plan of action to combat child labour. The Committee requests the Government to provide information on the development, implementation and progress achieved in relation to the national action plan to combat child labour, and on any other programme of action undertaken with a view to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee requested the Government to provide information on the application in practice of the sanctions envisaged in the various provisions of Ordinance No. 2005-015. Noting the absence of information on this matter in the Government’s report, the Committee once again requests it to provide information on the application in practice of the sanctions envisaged in sections 57, 58 and 59 of Ordinance No. 2005-015 on the penal protection of the child, which penalize procuring in respect of a child and any individual found to be a client of the child, and sections 47 and 48 of the Ordinance, which penalize the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans. The Committee notes the Government’s indication that Act No. 2001-054 respecting compulsory schooling protects child HIV/AIDS orphans from being engaged in the worst forms of child labour. It also notes that NGOs provide assistance to child HIV/AIDS orphans. The Committee observes that, according to the UNGASS Country Progress Report for Mauritania, published in January 2008, there are around 7,327 child HIV/AIDS orphans or children who are vulnerable to HIV/AIDS under 17 years of age in the country and that, of these children, none have benefited from free external assistance (page 18). Moreover, none of the households with such children have:

(i)    received medical assistance, including medical care and/or supplies for medical care, over the past 12 months;

(ii)    benefited from school assistance, including school expenses, over the past 12 months (only applies to children between 5 and 17 years of age);

(iii)   received psychiatric/psychological support, including counselling by a trained counsellor, psychiatric/spiritual support or accompaniment over the past three months;

(iv)   benefited from any other social support, including socio-economic support (such as clothing, food supplements, financial support, accommodation) or any other assistance on a daily basis (such as household assistance, training for carers, childcare, legal services) over the past three months.

Furthermore, according to the same report, a survey shows that only 33 per cent of child HIV/AIDS orphans between 10 and 14 years of age attend school, compared with a rate of around 71 per cent among non-orphans. The Committee requests the Government to provide information on the specific measures adopted to protect child HIV/AIDS orphans from being engaged in the worst forms of child labour, including measures in the fields of medical care, school costs, psychological support and socio-economic support.

Clause (e). The special situation of girls. Domestic workers. In its previous comments, the Committee noted the Government’s indication that most young girls engaged in domestic work had received limited school education or were not educated. Moreover, according to the results of a survey carried out on these girls in Mauritania, quoted in a UNICEF study entitled “Child labour in Mauritania”, girls could be recruited from 8 years of age and 32 per cent of the girls questioned during the survey were under 12 years of age. The Committee also noted that young girls, especially those employed in domestic work, are often the victims of exploitation which may take on very diverse forms, and that it is difficult to supervise their conditions of employment in view of the clandestine nature of their work.

The Committee notes that, according to the second periodic report submitted by Mauritania to the Committee on the Rights of the Child in July 2008 (CRC/C/MRT/2), two surveys have been in the process of being carried out for some time on child labour (including girls in domestic service) in Kiffa and Nouakchott “to determine the possibilities of educating and training these young workers and securing their social reintegration” (paragraph 247). Furthermore, several programmes have been introduced for girl domestic workers in order to make them more aware of their rights, and their parents and employers more aware of their obligations (paragraph 254). Finally, the Committee notes that the El Mina Centre for Child Protection in Nouakchott has been carrying out various activities (training, literacy, hygiene, etc.) for girl domestic workers since 2001. A pilot programme on basic education was also carried out in Dar Naim and a unit for girls in difficult situations has been established (paragraph 255). The Committee requests the Government to provide information on the implementation and conclusions of the two surveys that are being carried out in the country and the awareness-raising programmes referred to above. The Committee also requests the Government to provide information on the impact of the activities of the El Mina Centre for Child Protection and the pilot programme carried out in Dar Naim on the protection of children engaged in domestic work, and particularly girls, against the worst forms of child labour, and on their impact in terms of the rehabilitation and social integration of these children.

Article 8. International cooperation. Poverty reduction. In its previous comments, the Committee noted 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 (CRC/C/15/Add.159, paragraphs 7 and 14), the Committee on the Rights of the Child noted with concern that the economic and social difficulties facing the State party had a negative impact on the situation of children, particularly in rural and remote areas. Moreover, the Government indicated that it had included a series of actions for children in the strategic framework to combat poverty (CSLP). The Committee requested the Government to provide information on the measures adopted in the context of the CSLP for the elimination of the worst forms of child labour.

The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that, according to the information contained in the second periodic report submitted by Mauritania to the Committee on the Rights of the Child in July 2008 (CRC/C/MRT/2, paragraph 243), there is “a perfect correlation between the poverty level and the level of child labour. The four poorest regions have the highest rates of child labour between the ages of 5 and 14 (Guidimakha, Gorgol, Assaba, Hodh Gharbi), while the rates are lower in the richest regions (Nouadhibou – 4.2 per cent; Tiris Zemour – 16.4 per cent; Nouakchot – 25.1 per cent)”. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee once again requests the Government to provide information on the measures adopted in the context of the implementation of the CSLP for the elimination of the worst forms of child labour.