Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to give an overview of the issues relating to the application of the Conventions on fishing, the Committee deems it appropriate to examine them in a single comment, as set out below.

Minimum Age (Fishermen) Convention, 1959 (No. 112)

Article 2 of the Convention. Minimum age for admission to work on fishing vessels. The Committee noted that section 413(1) of Act No. 2013-029, issuing the Merchant Shipping Code, prohibits the employment, engagement or work on board a vessel of any person under the age of 16 years. Section 413(2) provides that the maritime authority may authorize persons aged 15 years to work on fishing vessels when they are engaged in vocational training in fishing or performing light work. Section 413(4) provides that the maritime authority may authorize exceptions to Section 413(2), without specifying the minimum permissible age for this exception, where the effective training of fishers in the context of established programmes and schedules would be impaired. The Committee had recalled that Article 2(3) of the Convention authorizes exceptions to the minimum age of 15 years, while setting a permissible limit at 14 years for children employed on board fishing vessels and requested the Government to provide clarifications on the minimum age authorized by section 413(4) of the Merchant Shipping Code. The Committee notes the Government’s reiteration in its report that, while the exception established to the above section does not specify the minimum age authorized, this age is in fact set at 14 years. It adds that this issue will be taken into account in the implementing regulations. Noting that the legislation currently in force does not set an age limit of 14 years for authorized exceptions, the Committee asks the Government to take the necessary measures without further delay to bring its legislation into full conformity with Article 2 of the Convention.

Fishermen's Articles of Agreement Convention, 1959 (No. 114)

Article 6(3). Particulars to be contained in the agreement. In its previous comment, the Committee requested the Government to indicate the measures adopted to give full effect to Article 6 of the Convention, namely regarding the inclusion of the following particulars in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; and (e) the amount of his wages, or the amount of his share and the method of calculating such share. The Committee notes that the new Merchant Marine Code does not set out a list of particulars to be contained in the agreement. In its response, the Government indicates that there have been no changes to the legislation since the adoption of Act No. 2013-029 of 15 October 2013 issuing the Merchant Marine Code. The committee requests the Government to take, without further delay, the necessary measures to bring its legislation fully into conformity with this provision of the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM) communicated on 1 September 2016, indicating that industrial fishing on the high seas is considered to be fairly dangerous by young people, most of whom dedicate themselves to river or artisanal fishing. Foreign fleets generally use foreign fishers. Recent fishing agreements signed between the Mauritanian Government and the European Union fixed the rate of use of the national workforce on board vessels at 60 per cent. The Committee requests the Government to submit its comments on this matter.

Article 2 of the Convention. Minimum age for admission to work on fishing vessels. The Committee noted that section 413(1) of Act No. 2013-029, issuing the Merchant Shipping Code, prohibits the employment, engagement or work on board a vessel of any person under the age of 16 years. Subsection 2 provides that the maritime authority may authorize persons aged 15 years to work on fishing vessels when they are engaged in vocational training in fishing or performing light work. Subsection 4 provides that the maritime authority may authorize exceptions to subsection 2, without specifying the minimum permissible age for this exception, where the effective training of fishers in the context of established programmes and schedules would be impaired. While recalling that Article 2(3) of the Convention authorizes exceptions to the minimum age of 15 years, but that it sets a limit at 14 years for children employed on board fishing vessels, the Committee requested the Government to provide clarifications on the minimum age authorized by section 413(4) of the Merchant Shipping Code. The Committee notes the Government’s indication in its report that, while the exception established to the above section does not specify the minimum age authorized, this age is in fact set at 14 years. It adds that this issue will be taken into account in the implementing regulations. Noting that the legislation currently in force does not set an age limit of 14 years for authorized exceptions, the Committee requests the Government to indicate the measures adopted to bring its legislation into full conformity with Article 2 of the Convention.

Article 4. Training ships. In its previous comments, the Committee requested the Government to provide information on the regulations applicable to work by children on board training ships (minimum age, types of work authorized, monitoring of the conditions in which such work is carried out). The Committee notes the Government’s indication that engagement in these vessels is carried out in line with the regulations governing maritime training. Interns are students registered in the Marine Academy (National Maritime and Fishing College), who are required to be no less than 18 years. It falls to the captain of the training ship to closely supervise the students and ensure that they are only employed in work and services related with their occupational skills and the exercise of their profession. The Committee notes this information.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the adoption on 15 October 2013 of Act No. 2013-029 issuing the Merchant Marine Code.

Article 3(1) of the Convention. Examination of agreement before signing. In its previous comments, noting that the Merchant Marine Code contained no provisions allowing for fishers to examine the articles of agreement before they are signed, the Committee asked the Government to indicate how it ensures observance of this provision of the Convention. The Committee notes with interest that section 394(2) of the new Merchant Marine Code gives full effect to this provision of the Convention, by providing that “The agreement shall be signed by the seafarer before the departure of the vessel in conditions in which he has the opportunity to examine the terms and conditions and is able, where necessary, to seek advice and accept them freely before signing them.”

Article 5. Record of employment. The Committee previously requested the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers. The Committee notes in this respect that section 404 of the new Merchant Marine Code establishes that, upon discharge, the shipowner or the master shall provide the seafarer with a certificate of service. The Committee also notes that section 45 of the Maritime Labour Collective Agreement 2006 provides that any seafarer may demand upon discharge a certificate of work from the master or shipowner indicating exclusively the name and address of the employer and the nature of the employment or, where appropriate, the successive jobs occupied by the seafarer. The Committee takes note of this information.

Article 6(3). Particulars to be contained in the agreement. The Committee previously requested the Government to indicate which legislative provisions give effect to this provision of the Convention, namely regarding the inclusion of the following particulars in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; and (e) the amount of his wages, or the amount of his share and the method of calculating such share. The Committee notes that the new Merchant Marine Code does not set out a list of particulars to be contained in the agreement. The Committee therefore invites the Government to indicate the measures adopted or envisaged to give effect to this provision of the Convention.

Article 11. Immediate discharge. The Committee previously requested the Government to indicate the provisions of the law or regulations which determine the circumstances in which the fisher can request immediate discharge. The Committee notes in this respect that section 399 of the new Merchant Marine Code lists the circumstances in which the fisher can terminate the maritime employment agreement without notice. The Committee takes note of this information.

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

Article 2 of the Convention. Minimum age for admission to work on fishing vessels. The Committee previously requested the Government to specify, in light of the existence of multiple texts on the minimum age for employment in fishing, which of the provisions currently in force set the minimum age for admission to work on board fishing vessels. The Committee notes the Government’s indications in its report that Act No. 2013-029 issuing the Merchant Shipping Code was adopted on 15 October 2013. The Committee notes that only the provisions of the Merchant Shipping Code on the minimum age for admission to work on board fishing vessels, whether as seafarers, ships’ boys or novices, remain in force. It notes in this respect that section 413(1) of the Merchant Shipping Code prohibits the employment, engagement or work on board a vessel of any person under the age of 16 years. Subsection 2 provides that the maritime authority may authorize persons aged 15 years to work on fishing vessels when they are engaged in vocational training in fishing or performing light work. However, it notes that under subsection 4, the maritime authority may authorize exceptions to subsection 2 where the effective training of fishers in the context of established programmes and schedules would be impaired. The Committee notes in this regard that this provision does not specify the minimum age authorized by the exception. While recalling that Article 2(3) of the Convention authorizes exceptions to the minimum age of 15 years, but that it sets a limit at 14 years for children employed on board fishing vessels, the Committee requests the Government to provide clarifications on the minimum age authorized by section 413(4) of the Merchant Shipping Code.

Article 4. Training ships. In its previous comments, the Committee requested the Government to provide information on the regulations applicable to work by children on board training ships (minimum age, types of work authorized, monitoring of the conditions in which such work is carried out). In the absence of a reply to its previous request, the Committee asks the Government once again to provide information on this subject.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 2(1) of the Convention. Minimum age for admission to work on fishing vessels. The Committee notes that section 153(1) of the Labour Code sets the minimum age for admission to work at 14 years and that employment in the maritime fishing sector is excluded from the application of section 153(2), which provides that, under certain conditions, children aged 12 and over may work. It also notes that, under section 417 of the Merchant Shipping Code, children under 15 years of age may not work on board vessels; on board employment of children of 14 years of age may, however, be authorized in exceptional circumstances by the maritime authority. The Committee lastly notes that section 2 of Order No. 467 of 11 August 1998 on age requirements for employment as a seafarer and officer on board Mauritanian vessels sets the age for this employment at 17 years. In light of the fact that there are several texts, the Committee requests the Government to specify which of the provisions currently in force set the minimum age for admission to work on board fishing vessels, whether as seafarers, ship’s boys or novices.

Article 2(3). Employment of children of 14 years of age. The Committee requests the Government to provide copies of any regulatory texts adopted under section 417 of the Merchant Shipping Code, under which the maritime authority may, in exceptional circumstances, allow the on board employment of children aged 14 years when such employment is in the child’s interest, provided that a seafarers’ doctor issues a physical fitness certificate. The Government is also requested to provide copies of the permits issued by the maritime authority under this provision, as well as information on the manner in which this authority ensures that the employment in question is in the child’s interest and takes into consideration the future as well as the immediate benefits that the envisaged employment may carry for him or her.

Article 4. School-ships. The Committee requests the Government to provide information on the regulations applicable to children’s work on board school-ships (minimum age, types of work permitted, monitoring of the conditions in which such work is carried out).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1) of the Convention. Scope of application. The Committee requests the Government to refer to its comments concerning Article 1(1) of Convention No. 112, in which it asks the Government to indicate the legislation that applies to vessels that are excluded from the scope of the Merchant Marine Code (Act No. 95-009 of 31 January 1995) pursuant to section 12 of the Code because maritime navigation is not their principal activity.

Article 1(3). Collective agreements. The Committee notes that section 325 of the Merchant Marine Code allows collective agreements to be concluded by branch of maritime activity, including deep-sea fishing and coastal fishing, and by shipping company or group of companies. The Committee requests the Government to indicate whether any such agreements have been concluded in the fishing sector and, if so, to provide specimens.

Article 3(1). Examination of articles of agreement before signing. The Committee notes that the Merchant Marine Code contains no provisions allowing for fishermen to examine the articles of agreement before they are signed, as the Convention requires. The Committee asks the Government to indicate how it ensures observance of this provision of the Convention.

Article 3(6). Formalities for the protection of the interests of the shipowner and the fisher. The Committee requests the Government to list the formalities and safeguards prescribed by the national legislation in respect of the completion of the agreement, in order to protect the interests of the owner of the fishing vessel and of the fishers.

Article 5. Record of employment. The Committee notes that, according to section 302 of the Merchant Marine Code, where the end of the employment contract does not coincide with the end of the voyage, the fisher is entitled to obtain from the shipmaster a certificate assessing the quality of his work or the fulfilment of his contractual obligations. It reminds the Government, however, that for all fishers a record of employment must be kept by the national competent authority and made available to the fisher concerned at the end of each voyage or venture or entered in his service book. The Committee requests the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers.

Article 6(3). Particulars to be mentioned in the agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 9. Automatic termination of the agreement. The Committee notes that, according to the third paragraph of section 302 of the Merchant Marine Code, the agreement is terminated, inter alia, “in the event of the vessel’s improper departure for abroad”. The Committee requests the Government to provide details of the circumstances in which such a departure may entail termination of the agreement.

Article 11. Authorized immediate discharge. The Committee notes that in its last report the Government indicated the serious grounds on which a fisher may be authorized by the maritime authority to discharge himself immediately under section 310 of the Merchant Marine Code, namely: failure by the shipowner to meet his obligations (expressly set out in section 310), sickness or injury occurring during the voyage, and exceptional short absences in the event of the death, accident or serious sickness of a close relative of the fisher. The Committee requests the Government to indicate which provisions of the law or regulations allow immediate discharge to be authorized in such cases and to provide a copy of them, if available.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2(1) of the Convention. Minimum age for admission to work on fishing vessels. The Committee notes that section 153(1) of the Labour Code sets the minimum age for admission to work at 14 years and that employment in the maritime fishing sector is excluded from the application of section 153(2), which provides that, under certain conditions, children aged 12 and over may work. It also notes that, under section 417 of the Merchant Shipping Code, children under 15 years of age may not work on board vessels; on board employment of children of 14 years of age may, however, be authorized in exceptional circumstances by the maritime authority. The Committee lastly notes that section 2 of Order No. 467 of 11 August 1998 on age requirements for employment as a seafarer and officer on board Mauritanian vessels sets the age for this employment at 17 years. In light of the fact that there are several texts, the Committee requests the Government to specify which of the provisions currently in force set the minimum age for admission to work on board fishing vessels, whether as seafarers, ship’s boys or novices.

Article 2(3). Employment of children of 14 years of age. The Committee requests the Government to provide copies of any regulatory texts adopted under section 417 of the Merchant Shipping Code, under which the maritime authority may, in exceptional circumstances, allow the on board employment of children aged 14 years when such employment is in the child’s interest, provided that a seafarers’ doctor issues a physical fitness certificate. The Government is also requested to provide copies of the permits issued by the maritime authority under this provision, as well as information on the manner in which this authority ensures that the employment in question is in the child’s interest and takes into consideration the future as well as the immediate benefits that the envisaged employment may carry for him or her.

Article 4. School-ships. The Committee requests the Government to provide information on the regulations applicable to children’s work on board school-ships (minimum age, types of work permitted, monitoring of the conditions in which such work is carried out).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) of the Convention. Scope of application. The Committee requests the Government to refer to its comments concerning Article 1(1) of Convention No. 112, in which it asks the Government to indicate the legislation that applies to vessels that are excluded from the scope of the Merchant Marine Code (Act No. 95-009 of 31 January 1995) pursuant to section 12 of the Code because maritime navigation is not their principal activity.

Article 1(3). Collective agreements. The Committee notes that section 325 of the Merchant Marine Code allows collective agreements to be concluded by branch of maritime activity, including deep-sea fishing and coastal fishing, and by shipping company or group of companies. The Committee requests the Government to indicate whether any such agreements have been concluded in the fishing sector and, if so, to provide specimens.

Article 3(1). Examination of articles of agreement before signing. The Committee notes that the Merchant Marine Code contains no provisions allowing for fishermen to examine the articles of agreement before they are signed, as the Convention requires. The Committee asks the Government to indicate how it ensures observance of this provision of the Convention.

Article 3(6). Formalities for the protection of the interests of the shipowner and the fisher. The Committee requests the Government to list the formalities and safeguards prescribed by the national legislation in respect of the completion of the agreement, in order to protect the interests of the owner of the fishing vessel and of the fishers.

Article 5. Record of employment. The Committee notes that, according to section 302 of the Merchant Marine Code, where the end of the employment contract does not coincide with the end of the voyage, the fisher is entitled to obtain from the shipmaster a certificate assessing the quality of his work or the fulfilment of his contractual obligations. It reminds the Government, however, that for all fishers a record of employment must be kept by the national competent authority and made available to the fisher concerned at the end of each voyage or venture or entered in his service book. The Committee requests the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers.

Article 6(3). Particulars to be mentioned in the agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 9. Automatic termination of the agreement. The Committee notes that, according to the third paragraph of section 302 of the Merchant Marine Code, the agreement is terminated, inter alia, “in the event of the vessel’s improper departure for abroad”. The Committee requests the Government to provide details of the circumstances in which such a departure may entail termination of the agreement.

Article 11. Authorized immediate discharge. The Committee notes that in its last report the Government indicated the serious grounds on which a fisher may be authorized by the maritime authority to discharge himself immediately under section 310 of the Merchant Marine Code, namely: failure by the shipowner to meet his obligations (expressly set out in section 310), sickness or injury occurring during the voyage, and exceptional short absences in the event of the death, accident or serious sickness of a close relative of the fisher. The Committee requests the Government to indicate which provisions of the law or regulations allow immediate discharge to be authorized in such cases and to provide a copy of them, if available.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) of the Convention. Scope of application. The Committee requests the Government to refer to its comments concerning Article 1(1) of Convention No. 112, in which it asks the Government to indicate the legislation that applies to vessels that are excluded from the scope of the Merchant Marine Code (Act No. 95-009 of 31 January 1995) pursuant to section 12 of the Code because maritime navigation is not their principal activity.

Article 1(3). Collective agreements. The Committee notes that section 325 of the Merchant Marine Code allows collective agreements to be concluded by branch of maritime activity, including deep-sea fishing and coastal fishing, and by shipping company or group of companies. The Committee requests the Government to indicate whether any such agreements have been concluded in the fishing sector and, if so, to provide specimens.

Article 3(1). Examination of articles of agreement before signing. The Committee notes that the Merchant Marine Code contains no provisions allowing for fishermen to examine the articles of agreement before they are signed, as the Convention requires. The Committee asks the Government to indicate how it ensures observance of this provision of the Convention.

Article 3(6). Formalities for the protection of the interests of the shipowner and the fisher. The Committee requests the Government to list the formalities and safeguards prescribed by the national legislation in respect of the completion of the agreement, in order to protect the interests of the owner of the fishing vessel and of the fishers.

Article 5. Record of employment. The Committee notes that, according to section 302 of the Merchant Marine Code, where the end of the employment contract does not coincide with the end of the voyage, the fisher is entitled to obtain from the shipmaster a certificate assessing the quality of his work or the fulfilment of his contractual obligations. It reminds the Government, however, that for all fishers a record of employment must be kept by the national competent authority and made available to the fisher concerned at the end of each voyage or venture or entered in his service book. The Committee requests the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers.

Article 6(3). Particulars to be mentioned in the agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 9. Automatic termination of the agreement. The Committee notes that, according to the third paragraph of section 302 of the Merchant Marine Code, the agreement is terminated, inter alia, “in the event of the vessel’s improper departure for abroad”. The Committee requests the Government to provide details of the circumstances in which such a departure may entail termination of the agreement.

Article 11. Authorized immediate discharge. The Committee notes that in its last report the Government indicated the serious grounds on which a fisher may be authorized by the maritime authority to discharge himself immediately under section 310 of the Merchant Marine Code, namely: failure by the shipowner to meet his obligations (expressly set out in section 310), sickness or injury occurring during the voyage, and exceptional short absences in the event of the death, accident or serious sickness of a close relative of the fisher. The Committee requests the Government to indicate which provisions of the law or regulations allow immediate discharge to be authorized in such cases and to provide a copy of them, if available.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the practical application of the Convention including, for instance, extracts from the reports of the inspection and registration services and, if such statistics are available, information concerning the number of fishers signed on each year, and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(1) of the Convention. Minimum age for admission to work on fishing vessels. The Committee notes that section 153(1) of the Labour Code sets the minimum age for admission to work at 14 years and that employment in the maritime fishing sector is excluded from the application of section 153(2), which provides that, under certain conditions, children aged 12 and over may work. It also notes that, under section 417 of the Merchant Shipping Code, children under 15 years of age may not work on board vessels; on board employment of children of 14 years of age may, however, be authorized in exceptional circumstances by the maritime authority. The Committee lastly notes that section 2 of Order No. 467 of 11 August 1998 on age requirements for employment as a seafarer and officer on board Mauritanian vessels sets the age for this employment at 17 years. In light of the fact that there are several texts, the Committee requests the Government to specify which of the provisions currently in force set the minimum age for admission to work on board fishing vessels, whether as seafarers, ship’s boys or novices.

Article 2(3). Employment of children of 14 years of age. The Committee requests the Government to provide copies of any regulatory texts adopted under section 417 of the Merchant Shipping Code, under which the maritime authority may, in exceptional circumstances, allow the on board employment of children aged 14 years when such employment is in the child’s interest, provided that a seafarers’ doctor issues a physical fitness certificate. The Government is also requested to provide copies of the permits issued by the maritime authority under this provision, as well as information on the manner in which this authority ensures that the employment in question is in the child’s interest and takes into consideration the future as well as the immediate benefits that the envisaged employment may carry for him or her.

Article 4. School-ships. The Committee requests the Government to provide information on the regulations applicable to children’s work on board school-ships (minimum age, types of work permitted, monitoring of the conditions in which such work is carried out).

Part V of the report form. Application in practice. The Committee notes that, in a communication received on 30 August 2012, the General Confederation of Workers of Mauritania (CGTM) indicates that in Mauritania industrial fishing on the high seas is considered to be fairly dangerous by young people, most of whom dedicate themselves to river or artisanal fishing. It requests the Government to provide information on the application of the Convention in practice, including, if they are available, statistics on the number and age of children employed in the artisanal fishing sector and in the industrial fishing sector, as well as information on the activities conducted by the labour inspection services to ensure respect of the legislation on the minimum age for admission to employment in the fishing sector, the number of contraventions reported per year and the measures taken to remedy them.

Furthermore, the Committee recalls that ratification of the Minimum Age Convention, 1973 (No. 138), by a State party to Convention No. 112 entails the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 for maritime fishing and either sets a minimum age of not less than 15 years under Article 2 of this Convention, or specifies that its Article 3 (setting a higher minimum age for hazardous work) applies to maritime fishing. It notes that Mauritania has ratified Convention No. 138 but has not declared that its Article 3 applies to maritime fishing. Furthermore it has set at 14 years of age, and not 15, the general minimum age for admission to work or employment under Convention No. 138. Therefore, Mauritania’s ratification of this Convention has not entailed the automatic denunciation of Convention No. 112. The Committee requests the Government to consider the possibility of declaring that Article 3 of Convention No. 138 applies to maritime fishing, and/or of increasing to 15 years the general minimum age for admission to work or employment, pursuant to this Convention, and to keep the Office informed of any decision it may take in this regard.

Lastly, the Committee draws the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises and consolidates most ILO Conventions on work in the fishing sector, including Convention No. 112. It emphasizes in this regard that ratification of Convention No. 188 would also entail the automatic denunciation of Convention No. 112. The Committee requests the Government to examine the possibility of ratifying Convention No. 188 and to keep the Office informed of any decision it may take in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) of the Convention. Scope of application. The Committee notes that the Merchant Shipping Code applies to ships that carry on maritime navigation even if this is not their main activity. However, it draws the Government’s attention to section 12 of the Code, which defines a ship as “any vessel able to withstand the dangers of the sea and which carries on maritime navigation as its main activity …”. The Committee again asks the Government to indicate which laws or regulations apply to vessels that are excluded from the scope of the Merchant Shipping Code because they do not carry on maritime navigation as their main activity.

Article 2(1). Minimum age. The Committee notes that section 1 of Act No. 2004-017 of 6 July 2004 (the Labour Code) governs employment relationships between workers and employers in the maritime fishing sector, except where they are covered by specific provisions in the Merchant Shipping Code and its implementing regulations. It also notes that section 153(1) of the Labour Code sets the minimum age for admission to work at 14 years and that employment in the maritime fishing sector is excluded from the application of section 153(2) which provides that children aged 12 may, under certain conditions, be employed in establishments where members of their families work. The Committee further notes that the minimum age for admission to work in the maritime fishing sector is in fact governed by section 417 of the Merchant Shipping Code which provides, as the Committee noted in its previous comments, that children under 15 years of age may not work on board vessels, except in the instances discussed below.

Article 2(3). Employment of children of 14 years of age. The Committee notes that under Order No. 467 of 11 August 1998 on age requirements for employment as a seafarer and officer on board Mauritanian vessels, is 17 years. The Committee requests the Government to indicate whether the Order applies to all persons employed on board fishing vessels including apprentices (“mousses” and “novices”) as defined in section 415 of the Merchant Shipping Code. The Committee again observes that, under section 417 of the Merchant Shipping Code, the maritime authority may, in exceptional circumstances, allow the on-board employment of children under 14 years of age when such employment is in the child’s interest, provided that a seafarers’ doctor issues a physical fitness certificate. The Committee asks the Government to indicate whether this provision is still in force despite the adoption of Order No. 467 of 11 August 1998. If so, please provide copies of any rules, circulars or other instructions governing the exercise by the maritime authority of the powers conferred on it by section 417 of the Merchant Shipping Code, and specimen copies of the permits issued by this authority.

Article 4. School-ships. The Committee asks the Government to specify the minimum age for admission to work on school-ships, and to provide a copy of the provisions requiring ships’ masters to exercise close supervision of the children and to ensure that they are employed only in duties that match their skills and are related to their occupation.

Part V of the report form. Practical application. The Committee asks the Government to provide information on the application of the Convention in practice, including, for instance, extracts of reports by the inspection services and, if possible, statistics on the number and nature of infringements reported.

Lastly, the Committee notes that the Government has not answered its previous comments concerning the action taken on the Governing Body’s decisions following the examination of the Convention by the Working Party on Policy regarding the Revision of Standards (document GB.279/LILS/3/(Rev.1) of November 2000). The Committee recalls that the Governing Body decided to invite States parties to Convention No. 112 to examine the possibility of ratifying the Minimum Age Convention, 1973 (No. 138). Ratification of Convention No. 138 by a State party to Convention No. 112 entails immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 for maritime fishing and either sets a minimum age of 15 years in conformity with Article 2 of this Convention, or specifies that Article 3 (establishing a higher minimum age for hazardous work) of Convention No. 138 applies to maritime fishing. The Islamic Republic of Mauritania ratified Convention No. 138 on 3 December 2001, but has not declared that Article 3 of Convention No. 138 applies to maritime fishing. Moreover, it established a minimum age for admission to work or employment of 14 years. Consequently, ratification of Convention No. 138 by the Islamic Republic of Mauritania did not entail denunciation of Convention No. 112. The Governing Body also invited States parties to Convention No. 112 to consider the conclusions of the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 13–17 December 1999), in consultation with the organizations of employers and workers concerned. According to these conclusions, the minimum age for admission to employment and work in maritime fishing should in no case be lower than 16 years, and this activity should be treated as hazardous for the purposes of Article 3 of Convention No. 138.

The Committee therefore once again requests the Government to indicate the measures taken or envisaged to follow up the decisions of the Governing Body.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) of the Convention. Scope of application. The Committee requests the Government to refer to its comments concerning Article 1(1) of Convention No. 112, in which it asks the Government to indicate the legislation that applies to vessels that are excluded from the scope of the Merchant Marine Code (Act No. 95-009 of 31 January 1995) pursuant to section 12 of the Code because maritime navigation is not their principal activity.

Article 1(3). Collective agreements. The Committee notes that section 325 of the Merchant Marine Code allows collective agreements to be concluded by branch of maritime activity, including deep-sea fishing and coastal fishing, and by shipping company or group of companies. The Committee requests the Government to indicate whether any such agreements have been concluded in the fishing sector and, if so, to provide specimens.

Article 3(1). Examination of articles of agreement before signing. The Committee notes that the Merchant Marine Code contains no provisions allowing for fishermen to examine the articles of agreement before they are signed, as the Convention requires. The Committee asks the Government to indicate how it ensures observance of this provision of the Convention.

Article 3(6). Formalities for the protection of the interests of the shipowner and the fisher. The Committee requests the Government to list the formalities and safeguards prescribed by the national legislation in respect of the completion of the agreement, in order to protect the interests of the owner of the fishing vessel and of the fishers.

Article 5. Record of employment. The Committee notes that, according to section 302 of the Merchant Marine Code, where the end of the employment contract does not coincide with the end of the voyage, the fisher is entitled to obtain from the shipsmaster a certificate assessing the quality of his work or the fulfilment of his contractual obligations. It reminds the Government, however, that for all fishers a record of employment must be kept by the national competent authority and made available to the fisher concerned at the end of each voyage or venture or entered in his service book. The Committee requests the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers.

Article 6(3). Particulars to be mentioned in the agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisherman, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 9. Automatic termination of the agreement. The Committee notes that, according to the third paragraph of section 302 of the Merchant Marine Code, the agreement is terminated, inter alia, “in the event of the vessel’s improper departure for abroad”. The Committee requests the Government to provide details of the circumstances in which such a departure may entail termination of the agreement.

Article 11. Authorized immediate discharge. The Committee notes that in its last report the Government indicated the serious grounds on which a fisher may be authorized by the maritime authority to discharge himself immediately under section 310 of the Merchant Marine Code, namely: failure by the shipowner to meet his obligations (expressly set out in section 310), sickness or injury occurring during the voyage, and exceptional short absences in the event of the death, accident or serious sickness of a close relative of the fisher. The Committee requests the Government to indicate which provisions of the law or regulations allow immediate discharge to be authorized in such cases and to provide a copy of them, if available.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the practical application of the Convention including, for instance, extracts from the reports of the inspection and registration services and, if such statistics are available, information concerning the number of fishers signed on each year, and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 1, paragraph 1, of the Convention. The Committee notes from the information in the Government’s report that the Merchant Shipping Code applies to ships that carry on maritime navigation even if this is not their main activity. However, it draws the Government’s attention to section 12 of the Code, which defines a ship as “any vessel able to withstand the dangers of the sea and which carries on maritime navigation as its main activity …”. The Committee again asks the Government to indicate which laws or regulations apply to vessels that are excluded from the scope of the Merchant Shipping Code because they do not carry on maritime navigation as their main activity.

Article 2, paragraph 1. Minimum age. The Committee notes that section 1 of Act No. 2004-017 of 6 July 2004 (the Labour Code) governs employment relationships between workers and employers in the maritime fishing sector, except where they are covered by specific provisions in the Merchant Shipping Code and its implementing regulations. It also notes that section 153(1) of the Labour Code sets the minimum age for admission to work at 14 years and that employment in the maritime fishing sector is excluded from the application of section 153(2) which provides that children aged 12 may, under certain conditions, be employed in establishments where members of their families work. The Committee further notes that the minimum age for admission to work in the maritime fishing sector is in fact governed by section 417 of the Merchant Shipping Code which provides, as the Committee noted in its previous comments, that children under 15 years of age may not work on board vessels, except in the instances discussed below.

Article 2, paragraph 3. Employment of children of 14 years of age. The Committee notes with interest Order No. 467 of 11 August 1998 on age requirements for employment as a seafarer and officer on board Mauritanian vessels. The Order sets the minimum age for such employment at 17 years. The Committee requests the Government to indicate whether the Order applies to all persons employed on board fishing vessels including apprentices (“mousses” and “novices”) as defined in section 415 of the Merchant Shipping Code. The Committee again observes that, under section 417 of the Merchant Shipping Code, the maritime authority may, in exceptional circumstances, allow the on-board employment of children under 14 years of age when such employment is in the child’s interest, provided that a seafarers’ doctor issues a physical fitness certificate. The Committee asks the Government to indicate whether this provision is still in force despite the adoption of Order No. 467 of 11 August 1998. If so, please provide copies of any rules, circulars or other instructions governing the exercise by the maritime authority of the powers conferred on it by section 417 of the Merchant Shipping Code, and specimen copies of the permits issued by this authority.

Article 4. School-ships. The Committee notes the information provided by the Government in reply to its previous comments. It asks the Government to specify the minimum age for admission to work on school-ships, and to provide a copy of the provisions requiring ships’ masters to exercise close supervision of the children and to ensure that they are employed only in duties that match their skills and are related to their occupation.

Part V of the report form. The Committee asks the Government to provide information on the application of the Convention in practice, including, for instance, extracts of reports by the inspection services and, if possible, statistics on the number and nature of infringements reported.

Lastly, the Committee notes that the Government has not answered its previous comments concerning the action taken on the Governing Body’s decisions following the examination of the Convention by the Working Party on Policy regarding the Revision of Standards (document GB.279/LILS/3/(Rev.1) of November 2000).

The Committee reminds the Government that the Governing Body decided to invite States parties to Convention No. 112 to examine the possibility of ratifying the Minimum Age Convention, 1973 (No. 138). Ratification of Convention No. 138 by a State party to Convention No. 112 entails immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 for maritime fishing and either sets a minimum age of 15 years in conformity with Article 2 of this Convention, or specifies that Article 3 (establishing a higher minimum age for hazardous work) of Convention No. 138 applies to maritime fishing.

The Islamic Republic of Mauritania ratified Convention No. 138 on 3 December 2001, but has not declared that Article 3 of Convention No. 138 applies to maritime fishing. Moreover, it established a minimum age for admission to work or employment of 14 years. Consequently, ratification of Convention No. 138 by the Islamic Republic of Mauritania did not entail denunciation of Convention No. 112.

The Governing Body also invited States parties to Convention No. 112 to consider the conclusions of the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 13-17 December 1999), in consultation with the organizations of employers and workers concerned. According to these conclusions, the minimum age for admission to employment and work in maritime fishing should in no case be lower than 16 years, and this activity should be treated as hazardous for the purposes of Article 3 of Convention No. 138.

The Committee therefore once again requests the Government to indicate the measures taken or envisaged to follow up the decisions of the Governing Body.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 1, paragraph 1, of the Convention. Scope of application. The Committee requests the Government to refer to its comments concerning Article 1, paragraph 1, of Convention No. 112, in which it asks the Government to indicate the legislation that applies to vessels that are excluded from the scope of the Merchant Marine Code (Act No. 95-009 of 31 January 1995) pursuant to section 12 of the Code because maritime navigation is not their principal activity.

Article 1, paragraph 3. Collective agreements. The Committee notes that section 325 of the Merchant Marine Code allows collective agreements to be concluded by branch of maritime activity, including deep-sea fishing and coastal fishing, and by shipping company or group of companies. The Committee requests the Government to indicate whether any such agreements have been concluded in the fishing sector and, if so, to provide specimens.

Article 3, paragraph 1. Examination of articles of agreement before signing. The Committee notes that the Merchant Marine Code contains no provisions allowing for fishermen to examine the articles of agreement before they are signed, as the Convention requires. It asks the Government to indicate how it ensures observance of this provision of the Convention.

Article 3, paragraph 6. Formalities for the protection of the interests of the shipowner and the fisher. The Committee requests the Government to list the formalities and safeguards prescribed by the national legislation in respect of the completion of the agreement, in order to protect the interests of the owner of the fishing vessel and of the fishers.

Article 5. Record of employment. The Committee notes that, according to section 302 of the Merchant Marine Code, where the end of the employment contract does not coincide with the end of the voyage, the fisher is entitled to obtain from the shipsmaster a certificate assessing the quality of his work or the fulfilment of his contractual obligations. It reminds the Government, however, that for all fishers a record of employment must be kept by the national competent authority and made available to the fisher concerned at the end of each voyage or venture or entered in his service book. The Committee requests the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers.

Article 6, paragraph 3. Particulars to be mentioned in the agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisherman, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 9. Automatic termination of the agreement. The Committee notes that, according to the third paragraph of section 302 of the Merchant Marine Code, the agreement is terminated, inter alia, “in the event of the vessel’s improper departure for abroad”. It requests the Government to provide details of the circumstances in which such a departure may entail termination of the agreement.

Article 11. Authorized immediate discharge. The Committee notes that in its previous report the Government indicated the serious grounds on which a fisher may be authorized by the maritime authority to discharge himself immediately under section 310 of the Merchant Marine Code, namely: failure by the shipowner to meet his obligations (expressly set out in section 310), sickness or injury occurring during the voyage, and exceptional short absences in the event of the death, accident or serious sickness of a close relative of the fisher. The Committee requests the Government to indicate which provisions of the law or regulations allow immediate discharge to be authorized in such cases and to provide a copy of them, if available.

Part V of the report form. The Committee requests the Government to provide information on the practical application of the Convention including, for instance, extracts from the reports of the inspection and registration services and, if such statistics are available, information concerning the number of fishers signed on each year, and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and the adoption of Act No. 95-009 of 31 January 1995 issuing the Merchant Shipping Code. It requests the Government to provide additional information on the following points.

Article 1, paragraph 1, of the Convention. Scope of application. The Committee notes that under section 12 of the Merchant Shipping Code, a vessel is considered to be any boat or ship capable of facing the dangers of the sea and principally engaged in maritime navigation, whatever the economic purpose of its use. It also notes that under section 4 of the same Code, maritime navigation most notably includes navigation for the purpose of fishing. The Committee requests the Government to indicate the legislation applicable to ships and boats that are engaged in maritime navigation but not principally.

Article 2, paragraph 3. Employment of children of 14 years of age. The Committee notes that under section 417 of the Merchant Shipping Code, the maritime authority may authorize, in exceptional cases, the on-board employment of a child of 14 years of age when such employment is in the child’s interest, although this employment is subject to the presentation of a physical fitness certificate issued by a seafarers’ doctor. The Committee requests the Government to indicate the way in which it is ensured that due regard is given to the prospective as well as to the immediate benefit to the child of the employment proposed, as provided for in Article 2, paragraph 3, of the Convention. The Government is also invited to provide copies of any rules, circulars or other instructions governing the exercise by the maritime authority of the powers conferred on it by section 417 of the Merchant Shipping Code and to supply specimen copies of the authorization certificates issued by this authority.

Article 4. School-ships. The Committee requests that the Government indicate whether any particular provisions are applicable to work on school-ships.

Part V of the report form. The Committee requests that the Government give a general appreciation of the manner in which the Convention is applied in practice, including, if possible, extracts from reports of the inspection services, statistics concerning the number and nature of the contraventions reported, etc.

The Committee also takes this opportunity to draw the Government’s attention to the decision that was taken by the Governing Body with regard to the Convention following the examination of the Convention by the Working Party on Policy regarding the Revision of Standards (GB.279/LILS/3(Rev.1) of November 2000).

The Governing Body decided to invite the States parties to the Convention to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 112 entails the immediate denunciation of the latter if this State accepts the obligations of Convention No. 138 for maritime fishing, and either sets, in accordance with Article 2 of Convention No. 138, a minimum age of at least 15 years, or specifies that Article 3 (setting a higher minimum age for hazardous work) of Convention No. 138 applies to maritime fishing.

The Islamic Republic of Mauritania ratified Convention No. 138 on 3 December 2001. It did not accept the obligations of this Convention for maritime fishing. Thus, it did not declare that Article 3 of Convention No. 138 applied to maritime fishing. Furthermore, it set the minimum age for admission to work or employment at 14 years. Consequently, the ratification of Convention No. 138 by the Islamic Republic of Mauritania did not entail the denunciation of Convention No. 112.

The Governing Body also invited the States parties to the Convention to take into consideration the conclusions of the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 13-17 December 1999), in consultation with the organizations of workers and employers concerned. According to these conclusions, the minimum age for admission to employment and work in the maritime fishing industry should in no case be lower than 16 years, and this activity should be considered a hazardous occupation within the meaning of Article 3 of Convention No. 138.

The Committee requests that the Government indicate the measures taken or envisaged to give effect to the decisions taken by the Governing Body. It draws the Government’s attention to the fact that its acceptance of the obligations of Convention No. 138 for maritime fishing and the formal declaration of the application of Article 3 thereof to this sector, would entail the denunciation, with immediate effect, of Convention No. 112.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 4 of the Convention. The Committee notes the information supplied by the Government in its report. It notes that by virtue of section 269 of the Merchant Shipping Code, children under 15 years of age are prohibited from embarking for employment on vessels and that those aged between 15 and 17 years may embark as novices for occupational training. Please indicate whether this employment must be approved in advance or supervised by the competent authority in accordance with this Article of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the last report provided by the Government refers to both the new Merchant Marine Code established by the Act of 31 January 1995 and the one adopted in 1938. Please indicate which of the two codes is currently in force.

As regards the 1995 Act, it points out that the last government report does not contain any new information in reply to its last direct request and it is therefore bound to raise the issue again in a new direct request.

The Committee notes that, under the terms of section 4 of Act No. 95-0098 of 31 January 1995 issuing the Merchant Marine Code, the provisions of this Code apply to fishing vessels engaged in coastal or small-scale fishing and deep-sea fishing. The Committee notes that, under the terms of section 310 of the Code, the maritime authority may authorize the immediate discharge of the seafarer on serious grounds in Mauritanian and foreign ports. With reference to its previous comments concerning the application of Article 11 of the Convention, the Committee asks the Government to indicate the reasons which constitute serious grounds within the meaning of section 310 and to provide copies of any implementing text or administrative or court decision concerning this matter.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that, under the terms of section 4 of Act No. 95-0098 of 31 January 1995 issuing the Merchant Marine Code, the provisions of this Code apply to fishing vessels engaged in coastal or small-scale fishing and deep-sea fishing. The Committee notes that, under the terms of section 310 of the Code, the maritime authority may authorize the immediate discharge of the seafarer on serious grounds in Mauritanian and foreign ports. With reference to its previous comments concerning the application of Article 11 of the Convention, the Committee requests the Government to indicate the reasons which constitute serious grounds within the meaning of section 310 and to provide copies of any text issued under the above section or administrative or court decisions concerning this matter.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 11 of the Convention. The Committee notes that the Merchant Marine Code currently under preparation should give effect to this provision of the Convention. It hopes that the Government's next report will confirm the adoption of the above Code. In this respect, it recalls that the Office has proposed that an expert should be made available to the Government with a view to assessing the Mauritanian maritime legislation, making recommendations for the necessary revisions and verifying the conformity of the legislation that is in force with the international labour Conventions ratified by Mauritania in this field, as well as examining the possibility of further ratifications. The Committee hopes that the Government will give effect to this proposal.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 11 of the Convention. With regard to the possibility for fishermen to demand their immediate discharge, the Committee has been drawing the Government's attention for some years to the fact that it is not reflected in the national legislation. It notes with interest that the Government plans to have a Bill drawn up to deal with matters still pending, and also that the ILO has agreed in principle to the Government's request for technical assistance for a more general revision of the Merchant Marine Code.