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

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

Autre commentaire sur C182

Observation

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

Articles 3(a) and 7(1) of the Convention. Slavery or slavery-like practices; penalties. 1. Child victims of slavery. The Committee notes Act No. 2015-31 of 10 September 2015 criminalizing slavery and suppressing slavery-like practices, and the setting up in 2016 of three special criminal courts having jurisdiction in matters relating to slavery. Section 7 of the Act of 2015 provides that any person who subjects another to slavery shall be liable to imprisonment of 10 to 20 years and a fine.

The Committee notes the observations of the CLTM, according to which the State must eliminate slavery-like practices.

The Committee notes that the African Committee of Experts on Children’s Rights and Welfare, in its Decision No. 003/2017 of 15 December 2017, observed that Mauritania has not carried out any adequate investigation or prosecution of perpetrators of slavery who compelled two children from the Haratine community to undertake domestic work and herd livestock, seven days a week, without pay or rest, and prevented them from attending school. The Government had imposed a less severe penalty on the perpetrators than the one provided for in Act No. 2007-048 which criminalizes slavery and slavery-like practices. Recalling the importance of the effective implementation of criminal penalties to eliminate the worst forms of child labour, the Committee requests the Government to take the necessary steps to ensure the effective application of Act No. 2015-31 criminalizing slavery and suppressing slavery-like practices. In this regard, the Committee requests the Government to indicate the number of investigations, prosecutions and penalties imposed by the special anti-slavery courts, indicating specifically the cases involving victims under 18 years of age. The Committee also requests the Government to provide information on existing measures enabling child victims of slavery to assert their rights effectively and to enjoy protection.

2. Forced or compulsory labour. Begging. In its previous comments, the Committee noted that section 42(1) of Ordinance No. 2005-015 for the protection of children under criminal law provides that any person who causes a child to beg or directly employs a child to beg shall be liable to imprisonment of one to six months and a fine. The Committee noted the allegations of the General Confederation of Workers of Mauritania (CGTM) that teachers in religious schools force children to go onto the streets to beg. It also noted a survey conducted in Nouakchott in 2013, which revealed that begging affected children as young as 3 years of age but mainly involved children between 8 and 14 years of age, that 90 per cent of child beggars were male and 61 per cent of children said that they were instructed to beg by their marabout (religious teacher). The Committee asked the Government to take the necessary steps to ensure the effective implementation of the above-mentioned provisions, particularly by thorough investigation and robust prosecution.

The Committee notes with regret the lack of information on investigations and prosecutions of marabouts who force children to beg. It notes that the United Nations Committee on the Rights of the Child (CRC), indicates in its concluding observations that boys enrolled in Koranic schools are obliged to beg on the streets to meet the financial needs of their marabouts, who exploit and mistreat them (CRC/C/MRT/CO/3-5, paragraphs 40 and 41). Recalling that even the best legislation is only effective if it is enforced, the Committee urges the Government to take the necessary steps to ensure the effective application of section 42(1) of Ordinance No. 2005-015 for the protection of children under criminal law. The Committee requests the Government to provide information on this matter, including, for example, the number of marabouts identified as using children for purely economic purposes, the number of prosecutions and the criminal penalties imposed.

3. Sale and trafficking of children. In its previous comments, the Committee noted the adoption of Act No. 025/2003 of 17 July 2003 concerning the suppression of trafficking in persons. The Committee also observed that Mauritania appeared to be a country of origin for the trafficking of children for labour exploitation. It observed that the National Plan of Action for the Elimination of Child Labour 2015–20 (PANETE–RIM) identifies the presence of child victims of trafficking in Mauritania. The Committee asked the Government to provide information on the application in practice of Act No. 025/2003 of 17 July 2003 concerning the suppression of trafficking in persons.

The Committee notes that the Government does not provide any information on this matter in its report. It also notes that, under section 78 of Act No. 2018-024 of 21 June 2018 issuing the General Child Protection Code, any person who subjects a child to trafficking shall be liable to imprisonment of 10 to 20 years. The Committee requests the Government to take the necessary steps to eliminate the sale and trafficking of children for exploitation. In this regard, the Committee requests the Government to provide information on the application in practice of Act No. 025/2003 concerning the suppression of trafficking in persons and section 78 of Act No. 2018-024 issuing the General Child Protection Code, indicating the number and nature of offences reported, prosecutions initiated and penalties imposed in cases involving child victims of trafficking. It also requests the Government to provide information on the measures taken in the context of the PANETE–RIM to combat the trafficking of children.

Articles 3(d) and 4(1). Hazardous work. Identification of hazardous types of work. In its previous comments, the Committee noted objective 1.2 of the PANETE–RIM providing for the drawing up of a list of hazardous types of work in accordance with the Convention and section 247 of the Act issuing the Labour Code (prohibition of certain types of work for children under 18 years of age). The Committee expressed the firm hope that the list of hazardous types of work prohibited for children under 18 years of age would be adopted in the near future.

The Committee notes the Government’s indication, in its report on the Minimum Age Convention, 1973 (No. 138), that in the context of the “MAP 16” project launched in Nouakchott in March 2019, the list of hazardous types of work is being drawn up. The Government explains that legislation relating to this list will be adopted by the end of 2019. The Committee also notes section 76 of Act No. 2018-024 of 21 June 2018 issuing the General Child Protection Code, which prohibits hazardous work for children under 18 years of age, replicating the criteria for determining hazardous work set out in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee expresses the firm hope that the Government will take the necessary steps in the very near future to adopt the list of hazardous types of work prohibited for children under 18 years of age, in consultation with the social partners. The Committee requests the Government to send a copy of the legislative text once it has been adopted.

Article 5. Monitoring mechanisms and application of the Convention in practice. In its previous comments, the Committee expressed concern at the situation of children engaged in the worst forms of child labour in Mauritania, including hazardous work. It observed that, according to the 2015 report on child labour in Mauritania, children work in sectors including mechanical engineering, fishing, agriculture, herding, small-scale commerce, as domestic workers or cart drivers, in hazardous conditions including the risk of road accidents, transportation of heavy loads, with most of them working on the streets and for long hours, and sometimes suffering violence. It also noted that, according to the survey related to the 2015 report on child labour in Mauritania, local labour inspections do not cover the issues of the labour and trafficking of children and are lacking in human and financial resources. The Committee requested the Government to take immediate and effective steps to ensure the protection of children in practice against the worst forms of child labour, to strengthen the capacities of the labour inspectorate as a matter of urgency, and to provide information on inspections of the worst forms of child labour.

The Committee notes with regret the lack of information from the Government. It notes the Government’s indication, in its 2017 comments on the Labour Inspection Convention, 1947 (No. 81), that ten new labour inspectors and nine new labour controllers had just been appointed to different inspection departments. It also referred to a project that was being negotiated to equip the inspection services with vehicles and computer equipment needed for the due performance of their tasks.

The Committee further notes the statistics in the September 2018 report on the survey of child labour in agriculture in Mauritania, produced jointly by the Government and the ILO, which indicate that 77.1 per cent of working children who responded to the survey are unpaid family workers. According to this report, more than one third (37.2 per cent) of interviewed child workers between 5 and 17 years of age said that they had been exposed to dangers and hazards connected with agricultural activities, such as injuries from tools and exposure to chemicals. The survey also indicates that 56 per cent of children interviewed said that they had suffered physical abuse at work and 66.7 per cent had been exposed to psychological abuse. The Committee is bound to express deep concern at the number of children who are involved in the worst forms of child labour, including hazardous work. The Committee therefore urges the Government to take all the necessary steps to monitor and combat the worst forms of child labour, particular hazardous work. In this regard, it requests the Government to take measures to strengthen the capacities of the labour inspectorate, particularly in the informal economy. It requests the Government to send, as soon as possible, extracts from labour inspection reports relating to the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and integration into society. Forced or compulsory labour. Begging. In its previous comments, the Committee noted the information from the Government to the effect that, as a result of the national child protection system established at the Ministry of Social Affairs, Children and the Family, a total of 5,084 out-of-school working children and child beggars had been enrolled in schools. However, the Committee noted the persistent presence of children engaged in begging, according to the 2015 report on child labour in Mauritania, and asked the Government to continue providing information on the number of child victims of begging who have been removed from the streets and rehabilitated and integrated into society, and to indicate any other measures taken to identify talibé children who are forced to beg, and to remove them from such situations.

The Committee notes that the Government does not provide any information on this matter. It notes the Government’s indication, at the time of submitting Mauritania’s report to the CRC in September 2018, that in order to put an end to the system of exploited talibé children, a network of social protection and rehabilitation centres was providing care for street children, with a view to their integration in school and vocational training. As a result of these centres, 3,200 children have been enrolled in school and access to vocational training has been enabled for 1,651 children. The Committee requests the Government to continue taking measures to remove children under 18 years of age from begging and to ensure their rehabilitation and integration in society, as well as to provide information in this regard, including on the number of talibé children cared for by the social protection and rehabilitation centres. The Committee encourages the Government to establish a time-bound programme to ensure that children under 18 years of age who engage in begging enjoy the protection established by the Convention.

Clause (c). Access to free basic education. In its previous comments, the Committee noted that in 2013, according to UNESCO estimates, the school attendance rate was 73.1 per cent at primary level and 21.6 per cent at secondary level. According to the 2015 survey of child labour in Mauritania, dropping out of school is one of the main reasons for the presence of large numbers of children on the labour market in Nouakchott. The Committee asked the Government to continue its efforts to improve the functioning of the education system.

The Committee notes the Government’s indications that regional child protection boards and communal child protection systems have been set up, including for the purpose of taking action against dropping out of school. The Government explains that these systems have enabled 5,084 children (2,560 girls and 2,578 boys) to be re-enrolled in school in three wilayas (regions) and to receive school kits and extra tuition, where necessary. The Government indicates, in its report under Convention No. 138 that it is developing awareness-raising measures, such as action in the form of a caravan visiting some 20 rural districts, one of the goals being to promote school enrolment for girls. It also explains that it is giving special attention to the education of girls from disadvantaged social and family backgrounds and that it aims to promote specific partnerships, if necessary, to combat educational wastage. The Committee notes that, according to UNESCO estimates, the net school enrolment rate in 2018 was 79.57 per cent for primary education and 30.98 per cent for secondary education.

The Committee notes the information accessible on the sustainable development goals knowledge platform, indicating that universal access to basic education has been improved, with virtual parity between girls and boys in primary education. However, this same information indicates that the quality of teaching remains poor. It also refers to the adoption of the Tekavoul national programme for monetary transfers, involving conditions related to school attendance and health for children and their mothers, and aimed at covering the 100,000 poorest households.

The Committee notes that the CRC expressed concern at the poor quality of education, low transition rates to secondary school, and insufficient monitoring of private and Koranic schools. It highlighted the closure of six public schools in Nouakchott, and stated that the proliferation of private schools makes access to quality education difficult for children living in disadvantaged or vulnerable situations (CRC/C/MRT/CO/3-5, paragraph 35). Moreover, the United Nations Special Rapporteur on extreme poverty and human rights, in his March 2017 report on his mission to Mauritania, stated that the schools which he had visited were hugely overcrowded and grossly understaffed (A/HRC/35/26/Add.1). The Committee also notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of May 2018, expressed concern at the very high school drop-out rates among girls who are descended from persons subjected to slavery or among black African girls (CERD/C/MRT/CO/8-14, paragraph 19). Considering that access to education and school attendance are essential to prevent the engagement of children in the worst forms of child labour, the Committee requests the Government to continue its efforts to improve the functioning of the education system in the country, including by increasing the secondary school enrolment and completion rate. It requests the Government to take the necessary steps to improve access to education in public schools, the quality of teaching, and to combat school drop-outs. Lastly, the Committee requests the Government to provide statistical information on the school enrolment and completion rates at both primary and secondary levels.

Clause (e). Particular situation of girls. Domestic work. In its previous comments, the Committee noted the observation of the International Trade Union Confederation (ITUC) that many girls are forced into unpaid domestic service. It also noted the information in the PANETE–RIM to the effect that child domestic workers account for 17.28 per cent of children covered by the survey, the majority of whom are girls who do not attend school, work more than 16 hours a day and who experience various problems, including abuse, rape and unpaid wages. The Committee also observed that, according to the survey related to the 2015 report on child labour in Mauritania, domestic work is traditionally done by the daughters of former slaves and resembles the work previously done by their own enslaved mothers. The Committee therefore asked the Government to take effective and time-bound measures to ensure that children who are victims of exploitation in domestic work are removed from this worst form of child labour and are rehabilitated and integrated into society.

The Committee notes with regret that the Government does not provide information on this matter in its report. It notes that the CRC, in its concluding observations of November 2018, expressed concern at the fact that more than half of all domestic workers in Mauritania are children, the majority of them girls, and that such children are not only separated from their families but are also exposed to economic exploitation, violence, discrimination and abuse, including sexual abuse. The CRC also expressed concern at reports of the existence of caste-based slavery, which has a particular impact on girls in domestic service (CRC/C/MRT/CO/3-5, paragraphs 24 and 40). The Committee is bound to express its deep concern at the situation of girl domestic workers in Mauritania.

The Committee notes that the Government, at the time of submitting its report to the CRC in September 2018, explained that contracts for domestic work must be in written form and that abuses in this area were severely punished. The Committee therefore urges the Government to take the necessary steps to put an end in practice to the exploitation of girls in domestic work. In this regard, it requests the Government to provide statistical information on the number and nature of penalties imposed on persons who exploit girls under the age of 18 in domestic work and to send copies of standard employment contracts for domestic workers. Lastly, the Committee requests the Government to provide information on the number of child victims of exploitation in domestic work who have been withdrawn from this worst form of child labour and who have been rehabilitated and integrated into society.

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