Texts of pending comments

Application of the Convention in practice. (i) Nursing breaks. In its previous comments, the Committee noted the observations of the General Confederation of Workers of Mauritania (CGTM) reporting the lack of facilities for nursing due to the absence of rooms for this purpose in enterprises. The Committee also noted that section 163(2) of the Labour Code of 2004 provided for the adoption of specific implementing texts on the provision of nursing rooms in certain enterprises. Noting the absence of such implementing texts, the Committee requested the Government to adopt regulatory measures to give effect in practice to the right to nurse a child. In its report, the Government indicates that consultations are being held concerning the adoption of all the implementing texts under the provisions of the Labour Code. The Committee once again requests the Government to ensure the adoption of all the necessary regulatory and other measures to guarantee the right of all women to at least two breaks of half an hour to nurse their children, as provided for in Article 3(d) of the Convention, and the exercise of this right in practice. The Committee requests the Government to keep it informed of any specific measure adopted or envisaged for this purpose.

(ii) Inspection services. In its previous comments, the Committee noted the observations of the CGTM reporting non-compliance with the Labour Code in most private enterprises due to the lack of supervision by State services and it requested the Government to provide information on the services that are competent to supervise compliance with the national legislation on maternity protection. The Committee notes the Government’s reply indicating that the labour inspectorate is the service competent for supervising compliance with the national laws and regulations respecting maternity protection, in accordance with section 376 of the Labour Code. In this regard, the Committee draws the Government’s attention to its previous comments on the application of the Labour Inspection Convention, 1947 (No. 81), in which it emphasized the importance of ensuring that the labour inspection services have the necessary financial and material resources and of reinforcing the collection and analysis of statistical and administrative data. Recalling the important role of labour inspection in the application of the Convention, the Committee requests the Government to take the necessary measures to ensure compliance by employers with the national legislation on maternity protection and to provide information on any specific measures adopted in this respect. The Committee also requests the Government to provide statistical data on the inspections carried out by labour inspectors, including the number and nature of the violations detected and the penalties imposed.

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)) and 89 (night work (women)) together.

Articles 4 and 5 of Convention No. 14. Total or partial exceptions and compensatory rest. 1. Exemptions without compensatory rest. The Committee notes that, under sections 11 and 12 of Order No. 222 of 1953, as amended by Order No. 10298 of 2 June 1965, exemptions to weekly rest may be granted without compensatory rest. The Committee requests the Government to take the measures necessary to ensure that, as far as possible, provision is made for compensatory periods of rest for the suspension or diminution of weekly rest.

2. Weekly rest in the mining sector. The Committee noted previously that mine workers are allowed to work overtime for at least two weeks and, after this period, they can benefit from a week’s rest. The Committee asked the Government to indicate the maximum period of weekly rest which may be carried over. The Government indicates in its report that section 10 of Order No. 222 of 1953 applies in this case, and provides for the granting of compensatory rest, either collectively or on the basis of rotation, over a period that cannot exceed the two weeks that precede or follow the suspension of rest. The Committee notes this information, which answers its previous direct request.

Article 3 of Convention No. 89. General prohibition of night work for women. In its previous comment, the Committee noted that sections 164–169 of the Labour Code of 2004 prohibit the employment of women for night work in factories, works, mines and quarries, worksites, workshops and any premises attached thereto, while exceptions may be granted only for work to preserve perishable material, to prevent or repair serious unexpected accidents, or with respect to women employed in health and welfare services. It also noted the Government’s statement that, as part of the modernization of its labour legislation foreseen for 2015, it planned to draw from the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-specified conditions. The Committee notes that the Government indicates in its report that there have been no developments in this connection. The Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, and violate the principle of equality of opportunity and treatment between men and women (2018 General Survey on working time instruments, paragraph 545). The Committee therefore invites the Government, when working on its labour legislation, to examine sections 164–169 of the Labour Code in light of the principle of equality of opportunity and treatment between men and women, in consultation with the social partners. Recalling that the denunciation window for the Convention is open between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

Article 3 of the Convention. Minimum wage-fixing methods and consultation of the social partners. The Committee previously noted the information provided by the Government, in particular on the role of the National Labour, Employment and Social Security Council (CNTESS) in the adjustment of minimum wage rates, and also on the social negotiations in progress with the social partners concerning an increase in the level of the guaranteed inter-occupational minimum wage (SMIG). The Committee also noted the observations received in 2017 from the Free Confederation of Mauritanian Workers (CLTM), according to which the level of the SMIG has not changed since 2011 despite the rise in consumer prices and the Government’s commitment to adjust the SMIG every two years. The Committee notes that the Government indicates once again, in its report, that it monitors the work of the CNTESS on the adjustment of minimum wage rates but without providing any details of the progress or outcome of this work. The Committee once again requests the Government to take all necessary measures to ensure that the minimum wage rate review process gives rise to tangible results and to provide detailed information on this subject, including on the work of the CNTESS in this regard.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead) and 62 (safety provisions, building) together in a single comment.

1. White Lead (Painting) Convention, 1921 (No. 13)

Application of the Convention in practice. Further to its previous comments, the Committee notes that, according to the information provided by the Government in its report, in addition to the ordinary monitoring measures carried out by the various officials responsible for the enforcement of labour legislation, the General Directorate of Labour, in collaboration with the National Social Security Fund (CNSS) and the National Office for Occupational Medicine, organizes each year a national campaign for the application of labour legislation covering all sectors and all the regions of the country. During this campaign, monitoring teams are composed of labour inspectors and controllers, CNSS inspectors and occupational physicians. The Government indicates that no cases of morbidity or mortality caused by lead poisoning have been noted or reported to the public services. The Committee also notes a copy of the list of occupational diseases provided by the Government, which includes occupational lead poisoning. The Committee requests the Government to continue providing information on the control measures adopted to ensure the effective enforcement of the legislation in this respect, and statistics on cases of morbidity and mortality caused by lead poisoning, particularly in the construction sector.

2. Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that, on the recommendation of the Tripartite Working Group of the Standards Review Mechanism (SRM), at its 334th Session (October-November 2018), the Governing Body confirmed the classification of Convention No. 62 as an outdated instrument and included an item on the agenda of the 112th Session of the International Labour Conference in 2024 for its abrogation. The Governing Body also requested the Office to follow up and encourage the ratification of the up-to-date instrument, the Safety and Health in Construction Convention, 1988 (No. 167), and to provide technical assistance to countries requiring the most support. The Committee therefore encourages the Government to give effect to the decision taken by the Governing Body at its 334th Session (October-November 2018) approving the recommendation of the SRM Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Article 6 of the Convention. Statistical information. The Committee notes the Government’s indication in response to its previous request that the measures taken to resolve the main causes of occupational accidents are the intensification of inspections of building and public works construction sites and awareness-raising through such activities as the open days organized by the Ministry of the Public Service, Labour and Administrative Modernization, where subjects related to hygiene, health and safety are covered with invited representatives from employers’ and workers’ organizations. However, the Government indicates that it is not in a position to provide reliable statistics on the number of workers employed in the construction sector due to the inconsistent levels of activity in the sector. The Committee also notes that the Government’s report does not contain information on the number and classification of accidents suffered by persons engaged in work on construction, repair, alteration, maintenance and demolition sites for all types of buildings. The Committee requests the Government to continue providing information on the measures adopted or envisaged to resolve the main causes of occupational accidents. It also requests the Government to provide information on the measures adopted or envisaged to ensure the compilation of statistics on the number of workers employed in the construction sector and on the number and nature of the accidents reported in the sector.

Articles 2 and 23 of the Convention. Labour inspection in the informal economy. The Committee previously noted that the selection of enterprises to be inspected leaves over 80 per cent of economic operators exempt from inspection, especially units in the informal economy, due to a lack of material resources and precise information on enterprises. The Committee notes the Government’s indications in its report that there is no reference to the formal or informal economy in the national labour legislation. Consequently, any private sector structure in which a worker is engaged is covered by the scope of application of the Labour Code and is liable to inspection. The Government indicates that enterprises in the informal economy which have a form of organization, such as restaurants, are subject to inspection, which may amount to one-third of the inspections carried out in a year. However, inspection visits are not sufficiently frequent due to the limited number of labour inspectors and controllers. The Committee requests the Government to provide information on any measures taken or envisaged to reinforce the capacity of the labour inspection services so as to cover all economic agents liable to inspection. It also requests the Government to continue providing information on the activities undertaken by the labour inspection services in the informal economy, including the number of inspections of informal economy enterprises compared with those of enterprises in other economic sectors.

Articles 3(1)(b), 4 and 5(a) and (b). Preventive duties of the labour inspectorate. Effective functioning of the labour inspectorate under the supervision and control of a central authority. Effective cooperation with other government services and collaboration with employers, workers and their organizations. Noting the absence of information provided by the Government on this subject, the Committee once again requests the Government to provide information on any measures taken to follow up the recommendations of the 2016 audit concerning the reinforcement of the preventive role of the labour inspectorate, the improvement of labour inspection planning to target priority issues and the strengthening of collaboration with the social partners and cooperation with other public institutions, taking into account the obligations laid out in the above Articles.

Article 7. Training of labour inspectors and controllers. The Committee notes the information provided by the Government in reply to its previous request, according to which the training of labour inspectors and controllers remains one of the priorities of the labour administration. However, the training planned for 2020 has been postponed due to the international health situation. The Committee requests the Government to continue providing information on the further training plan for labour inspectors and controllers, with an indication of the frequency and duration of training for inspectors, as well as the number of inspectors concerned.

Articles 5(a), 17 and 18. Prosecutions and penalties. Effective cooperation between the labour inspection services and the justice system. The Committee previously noted the need to improve the application of penalties, the follow up of infringement reports and cooperation with the justice system, as well as the effectiveness of the inspection system. The Government indicates that consultations are being held with a view to the adoption of regulations to ensure the follow up of infringement reports in collaboration with the justice system. The Committee requests the Government to continue providing information on the measures adopted or envisaged in this regard, and particularly on the regulations referred to above.

Articles 12(1)(a) and (b) and 18. Obstruction of labour inspectors in the performance of their duties. The Committee previously noted the difficulties faced by inspectors in gaining entry to enterprises for inspections, in relation to the ineffectiveness of the penalties applicable in the event of obstruction of the free entry of labour inspectors. The Government indicates that difficulties for labour inspection officials to enter enterprises are no longer a current issue. According to the Government, employers are increasingly aware of the powers of labour inspectors and controllers to have recourse to the civil and military authorities to provide aid and assistance, as set out in section 375 of the Labour Code. The Committee requests the Government to indicate whether employers are penalized in the event of obstruction of the free entry of inspectors, and to provide information on the number of cases of violations and the penalties imposed.

Articles 3, 6, 8, 10, 11 and 16 of the Convention. Duties, status and conditions of service of labour inspectors. Financial and material resources at the disposal of the labour inspection services and number of inspectors for the effective discharge of inspection duties. Composition by gender. The Committee previously noted that Order No. 0743 of 23 August 2017 establishing the structure and territorial competences of regional labour inspectorates separates the structures dealing with the enforcement of legislation in the social field from those responsible for resolving labour disputes. It also noted that, according to an audit of labour administration and inspection needs carried out by the ILO in 2016 (the 2016 audit), there is a real pay gap between inspection personnel and certain other government inspection services. The Committee also noted the need to reinforce the material and human resources of the inspection services and requested the Government to provide information on the measures taken in this regard. Moreover, the Committee notes that, according to the 2017 observations of the General Confederation of Workers of Mauritania (CGTM), it is necessary to ensure that the specific conditions of service of labour inspectors provide sufficient guarantees to prevent undue interference in the discharge of their duties. The Committee notes that, according to the information in the Government’s report, the number of inspectors and controllers solely responsible for the main duties is 40, composed of 23 inspectors and 17 controllers. The Government adds that 30 labour inspectors and 30 controllers are undergoing training at the National School of Administration, Journalism and Magistrates. The Government further indicates that the restructuring of regional labour inspection services has resulted in more labour inspectors and controllers having access to positions of responsibility, with the respective compensation, with a view to ensuring stability of employment. The Government is also envisaging the adoption of measures, if resources so permit, to reinforce the transport facilities necessary for the discharge of their duties, particularly for the regional labour inspection services furthest from urban centres, and to cover the maintenance and repair costs of existing vehicles so as to improve conditions. The Committee requests the Government to continue taking the necessary measures to guarantee labour inspectors and controllers conditions of service, including adequate remuneration, to ensure their employment stability and career prospects. It also requests the Government to continue providing information on the number of labour inspectors and controllers and their composition by gender, as well as on the measures taken or envisaged for the reinforcement of the financial and material resources available to the labour inspection services, including personal protection equipment and transport facilities.

Articles 19, 20 and 21. Preparation, publication and communication to the ILO of an annual inspection report. The Committee previously noted the absence of an annual inspection report and the need to reinforce the capacities of the Ministry for the collection and compilation of statistical and administrative data. In response to this request, the Government reiterates that it will take the necessary measures in this regard. Noting the continued absence of an annual inspection report, the Committee urges the Government to take the necessary measures to develop a system for the collection and compilation of data so that local inspection offices can draw up periodic reports, which can then be used by the central inspection authority to draw up an annual report, in accordance with the Convention.

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

Civil liberties. In its previous comments, the Committee noted with concern the 2017 observations of the International Trade Union Confederation (ITUC) and of the General Confederation of Workers of Mauritania (CGTM), denouncing violent repression resulting in deaths during trade union demonstrations and the systematic arrest of trade unionists during trade union demonstrations. It requested the Government to provide its comments in this respect. Regretting the absence of information in this regard in the Government’s report, the Committee urges the Government to provide its comments in response to the serious allegations above.

Article 3 of the Convention. Trade union elections. The Committee previously noted the Government’s indication that three orders relating to staff delegates and the procedures for their election, the consolidation of election results and practical procedures for the organization and operation of the National Social Dialogue Council had been adopted since 2014. The Committee requested the Government to provide copies of these orders and continue providing information on the progress achieved and on the legislative reform process that has been initiated with a view to the holding of elections. The Committee notes that the Government, in its report, reiterates that it will continue to provide information on the progress made towards the organization of workers’ representatives to determine union representativity in the public and private sectors, and will include all the organizations concerned in its consultations on the legislative reform process, but the Government does not provide a copy of the orders requested nor any specific information on the development of the situation. The Committee once again requests the Government to provide a copy of the abovementioned orders and to provide specific information on any developments relating to the legislative reform process with a view to holding the elections of workers’ representatives.

Articles 2 and 3. Legislative amendments. In its previous comments, the Committee reiterated its expression of firm hope that in the near future the Government would report tangible progress in the revision of the Labour Code with a view to bringing it fully into conformity with the Convention. In this regard, the Committee expressed hope that the Government would take due account of all the points recalled below:

– Right of workers to establish and join organizations of their own choosing without prior authorization. The Committee requests the Government to take measures to amend section 269 of the Labour Code so as to remove any obstacles that prevent the exercise of the right to organize by minors who have access to the labour market (14 years of age, in accordance with section 153 of the Labour Code), whether as workers or apprentices, without the permission of their parents or guardian being necessary.
– Right to organize of magistrates. The Committee recalls that for many years it has been requesting the Government to take measures to ensure that magistrates enjoy the right to establish and to join organizations of their own choosing, in accordance with Article 2 of the Convention. Noting the Government’s indication that magistrates now have their own organization in which they exercise their trade union rights to the full, the Committee requests the Government to indicate the legal basis that has enabled this progress.
– Right of workers’ organizations to freely elect their representatives and to organize their administration and activities in full freedom, without interference from the public authorities. The Committee recalls that the combined implementation of sections 268 and 273 of the Labour Code is liable to be an obstacle to the right of organizations to elect their representatives in full freedom, by preventing them from electing qualified persons or depriving them of the experience of certain leaders when they do not have among their own ranks sufficient numbers of competent persons. The Committee therefore requests the Government to make the conditions less rigid for eligibility as trade union leaders or officers, for example by removing the requirement to belong to the occupation for a reasonable proportion of leaders. The Committee also requests the Government to amend section 278 of the Labour Code with a view to ensuring that any change in the administration or leadership of a trade union can take effect as soon as it has been notified to the competent authorities, and without the latter’s approval being necessary.
– Compulsory arbitration. The Committee requests the Government to take measures to amend section 350 of the Labour Code to ensure that the possibility for the Minister of Labour to have recourse to compulsory arbitration in the event of a collective dispute is limited to cases involving an essential service in the strict sense of the term, that is a service the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and situations of acute national crisis.
– Duration of mediation. Recalling that the maximum duration (120 days) of a mediation procedure before a strike may be called, as set out in section 346 of the Labour Code, is excessive, the Committee requests the Government to take measures to amend this provision in order to reduce the maximum duration.
– Strike pickets. The Committee recalls that the restrictions imposed on strike pickets and the occupation of premises should be limited to cases in which the action ceases to be peaceful or in which the observance of the right to work of non-strikers or the right of the management to enter the premises of the enterprise is impaired. The Committee therefore requests the Government to take measures to amend section 359 of the Labour Code in order to abolish the prohibition of the peaceful occupation of workplaces or their immediate surroundings, and to ensure that no penal sanctions are imposed against a worker for having carried out a peaceful strike, and that in no case prison sentences are imposed, except in cases of violence against persons or property or other serious breaches of the law, in accordance with the provisions punishing such offences.

The Committee notes the Government’s indication that it will report tangible progress in the revision of the Labour Code, taking account of the comments formulated by the Committee and that two experts will review the provisions of the Code and propose implementing texts. Observing once again that it has been commenting for many years on the abovementioned issues, the Committee urges the Government to complete its revision of the Labour Code in the very near future and, recalling that it may avail itself of the technical assistance of the ILO, requests the Government to continue to report on all developments in this regard.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-trade union discrimination and interference. The Committee previously requested the Government to provide its comments in reply to the observations of the International Trade Union Confederation (ITUC) and the Free Confederation of Mauritanian Workers (CLTM), which specifically reported intimidation, pressure and interference by the Government in trade union affairs, and threats and acts of anti-union discrimination. Noting that the Government confines itself to denying the existence of any recurring intimidation or threats, the Committee recalls that the Government is responsible for taking all necessary measures to ensure that the competent authorities conduct the necessary enquiries into the alleged acts of anti-union discrimination and interference, and to take the required remedial measures without delay and apply suitable penalties if the trade union rights recognized in the Convention are found to have been impaired. The Committee requests the Government to provide information on the measures taken in this regard.

Article 4. Right to collective bargaining. In its previous comments, the Committee expressed the firm hope that the necessary measures would be taken without delay by the Government, with a view to amending sections 350–356 of the Labour Code so as to limit recourse to compulsory arbitration, in the event of a collective dispute, to essential services in the strict sense of the term. The Committee notes that the Government confines itself to reiterating that some provisions of the Labour Code will be amended, to bring them into full conformity with the Convention, by the subcommittee responsible for the legislation, which is currently pursuing its work, and that greater attention will be paid to the Articles examined by the Committee of Experts. Recalling once again that compulsory arbitration, in the context of collective bargaining, is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), to essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and to situations of acute national crisis, the Committee trusts that sections 350–356 of the Labour Code will be amended very soon, and expects the Government to provide in its next report detailed information on any specific measures taken in this regard.

Articles 4 and 6. Collective bargaining in the public sector. The Committee previously expressed the firm hope that the necessary measures would be taken without delay by the Government, with a view to adopting the Decree establishing the list of public establishments covered by section 68 of the Labour Code, which provides that, where the personnel of public services, enterprises and establishments is not governed by specific conditions of service set out in legislation or regulations, collective agreements may be concluded in accordance with the provisions applicable to simple collective agreements. The Committee notes that, in its report, the Government does not provide any information on the adoption of this Decree. Recalling once again the importance of ensuring that, in accordance with the Convention, the right to collective bargaining is effectively recognized for all public servants and employees not engaged in the administration of the State, the Committee trusts that the Decree establishing the list of public establishments covered by section 68 of the Labour Code will be adopted in the near future, and expects the Government to provide in its next report detailed information on any specific measures taken in this regard.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements. The Committee also requests the Government to provide information on the measures taken to promote the use of collective bargaining mechanisms. The Committee finally recalls that the Government can avail itself of the technical assistance of the ILO, in order to apply, in law and in practice, the provisions of the Convention in relation to collective bargaining.

Part V (Old-age benefit) of the Convention, Article 27(a); Part VI (Employment injury benefit), Article 33(a); Part VII (Family benefit), Article 41(a); Part IX (Invalidity benefit), Article 55(a); and Part X (Survivors’ benefit), Article 61(a). Scope of application. In its previous comments, the Committee requested the Government to provide information on the implementation of social security reforms, including in particular the extension of the coverage of the social security system to all regions of Mauritania in 2017.

Noting the absence of information from the Government on this point, the Committee observes that, according to the national report of the Ministry of the Economy and Industry of Mauritania on the implementation of the Istanbul Programme of Action for Least Developed Countries (LDCs) of 25 February 2020, only a small proportion of the population benefits from social protection, due to the low numbers in wage employment in the formal economy among the economically active population. In this connection, the Committee also observes that the informal economy represents 89.4 per cent of employment in Mauritania, and only 40.6 per cent of workers are legally covered in terms of old-age and invalidity benefit, employment injury benefit and family benefit (ILO, World Social Protection Database, 2021). The Committee recalls that Articles 27(a), 33(a), 41(a), 55(a) and 61(a) of the Convention require the social security benefits provided for under these Articles to be guaranteed to not less than 50 per cent of all employees. The Committee requests the Government to provide statistical data on the number of persons protected covered by old-age and invalidity benefit, employment injury benefit and family benefit, in accordance with Title I of Article 76 of the report form for the Convention. Recalling that the objective of the Convention is to ensure that the largest number of workers enjoy the benefits provided for by the Convention for each of the contingencies accepted, the Committee requests the Government to supply information on the measures envisaged to extend protection through social security benefits to workers in the informal economy.

Part V (Old-age benefit), Article 29(2)(a), and Part X (Survivors’ benefit). Article 63(2)(a). Conditions of entitlement to a reduced benefit. The Committee notes that under section 52(1)(a) of Act No. 67-039 of 27 March 1967 establishing a social security system, as amended by Act No. 2021-007 of 22 February 2021, insured persons who reach the age of 63 years are entitled to an old-age pension if they have been registered with the National Social Security Fund (CNSS) for at least 20 years. Moreover, under the terms of section 55(1) of Act No. 67-039 of 27 March 1967, in the event of the death of the beneficiary of an old-age pension as well as the death of an insured person who, at the time of death fulfilled the conditions necessary to qualify for an old-age pension or who had paid insurance contributions for at least 80 months (15 years), the survivors are entitled to a survivors’ benefit.

The Committee recalls that by virtue of Article 29(2)(a) and Article 63(2)(a) of the Convention, a reduced benefit shall be secured at least to a person protected who has completed, prior to the contingency, in accordance with the prescribed rules, a qualifying period of 15 years of contribution or employment in respect of old-age benefit and five years of contribution or employment in respect of survivors’ benefit. The Committee therefore requests the Government to indicate: (i) whether an insured person with fewer than 20 years registration with the CNSS will be entitled to a reduced old-age pension after 15 years of contributions, in conformity with Article 29(2)(a) of the Convention; and (ii) whether a person protected whose breadwinner has contributed to the CNSS for a period of at least five years, is entitled to a reduced survivors’ pension, as required under Article 63(2)(a) of the Convention. The Committee also requests the Government to provide information on the periods that may be taken into account to meet the condition of registration set out in section 52(1)(a) of Act No. 67-039 of 27 March 1967 to secure entitlement to an old-age pension.

Part XI (Calculation of periodical payments). Article 65. Reference wage. With reference to its previous comments concerning the reforms announced by the Government regarding the raising of the earnings ceilings taken into consideration for the purposes of contributions, the Committee once again requests the Government to provide information, once the new ceilings have been introduced, on the reference wage applied to determine the replacement rate of benefits in accordance with Article 65 of the Convention.

Article 65(10). Adjustment of benefits. In its previous comments, the Committee noted the problems relating to the adjustment of cash social security benefits. In this connection, the Committee notes that under section 63 of Act No 67-039 of 3 February 1967 establishing a social security system, the rates of current periodical payments, provided either as annuities or pensions, may be revised by decree on the proposal of the Minister of Labour, following substantial changes in the general level of earnings resulting from substantial changes in the cost of living, taking financial possibilities into account and as a function of the evolution of the guaranteed minimum wage. The Committee recalls that, in accordance with Article 65(10) of the Convention, the rates of current periodical payments in respect of old age, employment injury (except in the case of incapacity for work), invalidity and death of the breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. The Committee underlines the importance of the adjustment of pensions and other benefits to guarantee the maintenance of their purchasing power, and considers that the capacity of the national pension system to maintain these two principles of the adjustment of pensions is an important indicator of the financial health of the system. The Committee requests the Government to provide statistics on the adjustment of old-age benefit, employment injury benefit (except in the case of incapacity for work), invalidity benefit and survivors’ benefit in conformity with Title VI of the report form under Article 65 of the Convention.

Application of the Convention in practice. Enforcement and inspection in social security. In its previous comments, the Committee the Government to indicate the progress made in implementing measures aimed at ensuring an effective social security inspection system. Noting the absence of information from the Government on this point, the Committee observes that, in accordance with section 68 of Act No. 67-039 of 3 February 1967 establishing a social security system, employers’ compliance with the provisions of the Act is ensured by CNSS inspectors. In particular, the CNSS website indicates that the CNSS inspectors are empowered to verify the elements determining the level of social security contributions, as well as payment of contributions, and to apply sanctions in case of violations related to contributions. The Committee therefore requests the Government to supply detailed information on enforcement by CNSS inspectors, including the number of inspections carried out, violations detected and sanctions imposed.

Part XIII (Common provisions) of the Convention, Article 71(3) and Article 72(2). General responsibility of the State for the provision of benefits and the proper administration of the social security system. For many years, the Committee has raised questions regarding the application of the Convention in practice, in view of the concerns expressed by the Free Confederation of Mauritanian Workers (CLTM) and the General Confederation of Workers of Mauritania (CGTM), regarding the Government’s management of the national social security system. In its previous comments, the Committee noted the various measures taken by the Government and the national authorities to counter evasion of contributions, to ensure the registration of new employers with the National Social Security Fund (CNSS) and to increase effective coverage by simplifying administrative procedures. On the basis of that information, the Committee requested the Government to report on the progress achieved in the implementation of the announced reforms, in particular, in the context of the plan of action instigated by the CNSS for 2014–2020.

The Committee notes with regret the absence of tangible progress reported by the Government in this connection. The Committee nevertheless notes that, according to the Government, the Bill modifying and replacing Act No. 67-039 of 3 February 1967 establishing a social security scheme and its accompanying explanatory notes have been submitted to the competent technical body. The Government also indicates that the drafts of the implementing orders and decrees of the Bill have also been prepared and that they will be submitted to the technical body, following promulgation of the Act.

In light of the systematic problems related to the functioning of the social security system in Mauritania, the Committee recalls that under Articles 71(3) and 72(2) of the Convention, the State shall accept general responsibility for the due provision of the social security benefits provided as well as for the proper administration of the institutions and services of the social security system. As set out previously, the Committee considers that the proper administration of the social security system by the State, in conformity with the abovementioned Articles of the Convention, must be based on a clear and precise legal framework, reliable actuarial data, supervision by the representatives of the persons protected, an effective inspection system and sufficiently dissuasive penalties. The Committee therefore requests the Government to take the measures required to ensure the proper administration of the national social security system and provision of benefits, in conformity with Articles 71(3) and 72(2) of the Convention, and to give full effect to the Convention in practice. The Committee also requests the Government to provide information on the results of the CNSS plan of action for 2014-2020. It further requests the Government to provide a copy of the Act modifying and replacing Act No. 67-039 of 3 February 1967 establishing a social security regime, once it has been adopted, together with its implementing decrees and orders.

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

Articles 5 and 8 of the Convention. Payment of benefits in the event of residence abroad. In its previous comments, the Committee noted that when a beneficiary originates from a State that has signed a reciprocity agreement or international social security agreement with Mauritania, the physical presence of the beneficiary is not required for entitlement to benefit or to organize the bank transfer of the benefits. The Committee also noted that Mauritania had concluded bilateral social security agreements with Algeria, Benin, France, Mali, Morocco, Senegal and Tunisia. In the event of residence in a country that is not bound to Mauritania by an international agreement, benefits may still be paid on condition that the beneficiary makes him or herself known to the Mauritanian embassies and consulates abroad. The Committee requested the Government to indicate how the beneficiaries of social security benefits were informed of this possibility for the payment of their benefits abroad when they leave the national territory for a country that is not bound to Mauritania by a social security agreement.

The Committee notes the Government’s reply, which indicates that the possibility of paying social security benefits abroad in a country that is not party to an international agreement is not covered by the regulatory framework, and that there is therefore no standard means of informing beneficiaries of their payment. The Committee recalls that under Article 5 of the Convention, each Member which has accepted the obligations of this Convention in respect of the branch or branches of social security concerned shall guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad, provision of invalidity benefits, old-age benefits, survivors' benefits and death grants, and employment injury pensions. The Committee notes that this obligation can be met by the conclusion of relevant multilateral or bilateral agreements under Article 8 of the Convention. However, the Committee recalls that the payment of benefits abroad provided under Article 5 of the Convention must be guaranteed even in the absence of such a multilateral or bilateral agreement with the country of residence of the beneficiary. The Committee requests the Government to supply statistical data on the number of beneficiaries who receive social security benefits paid by the Mauritanian social security system, who are resident in States that have not concluded an international agreement with Mauritania, and to specify the States concerned. The Committee also requests the Government to take the steps required to conclude multilateral or bilateral social security agreements with a view to guaranteeing the payment of benefits in the countries where the largest effective or potential beneficiaries reside, in application of Articles 5 and 8 of the Convention.

The Committee notes the Government’s reports received in October 2019 and August 2021. The Committee also notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 12 June 2019, and the Government’s reply, received on 21 October 2019.

Article 1 of the Convention. Employment policy. In its previous comments, the Committee requested the Government to provide detailed and up-to-date information on the results achieved in the context of the National Employment Strategy in terms of the creation of lasting employment and reducing poverty. The Committee notes the Government’s reference in its report to the adoption by the Council of Ministers on 21 February 2019 of the National Employment Strategy (SNE) for the period 2019-30 and the Operational Plan of Action (PAO). The Committee notes that the SNE and the PAO contain four strategic objectives with the aim of raising the activity rate from 37 per cent in 2017 to 48 per cent in 2030 and of increasing the number of active persons from 0.81 million to 1.6 million in 15 years. In this connection, the Committee notes the findings of the National Survey of Employment and the Informal Sector in Mauritania (the 2018 Statistical Yearbook of the National Statistical Office) on labour market trends between 2012 and 2017. The Committee notes the increase in the rate of the working age population (52 per cent in 2012 and 52.7 per cent in 2017) and the active population (39 per cent in 2012 and 41.5 per cent in 2017). It also notes the changes in the unemployment rate (10.1 per cent in 2012 and 11.8 per cent in 2017), and particularly that the unemployment rate of women is still higher (12.6 per cent in 2012 and 13.3 per cent in 2017) than that of men (8.6 per cent in 2012 and 10.9 per cent in 2017). In its observations, the CLTM indicates that the employment policy should be the essential objective to reduce unemployment through an active policy to promote full, productive and freely chosen employment. However, it considers that there is no employment policy with the segregationist system of which the Harratines (former slaves) and Black Mauritanians are the victims, as they are excluded from positions of responsibility in all sectors, thereby creating social inequality and intercommunity tension. The CLTM adds that this vision prevents any reliable employment policy capable of creating full employment in the country. The Committee notes that the Government’s reply does not provide details in this respect. The Committee emphasizes that equality of opportunity and treatment in employment and occupation is an essential element of any inclusive employment policy and recalls that the policy should also include measures to prevent unemployment for specific groups of workers who are vulnerable to exclusion (Promoting employment and decent work in a changing landscape, General Survey, 2020, paragraph 71). The Committee requests the Government to provide detailed information in its next report on the progress achieved in the application of the National Employment Strategy (SNE) for the promotion of full, productive and freely chosen employment. In particular, it requests the Government to provide detailed and updated information on the nature and impact of the measures adopted or envisaged to promote the full labour market integration of Harratines and Black Mauritanians. The Committee also requests the Government to provide with its next report a copy of the SNE and updated information on employment, unemployment and underemployment, including statistical data disaggregated by sector, age and gender, also indicating the occupation rates of Harratines and Black Mauritanians. It further requests the Government to provide information on the measures taken to ensure that all workers have full opportunities for access to employment irrespective of their race, colour, sex, religion, political opinion, national extraction or social origin, as set out in Article 1(2)(c).

Article 2. Policy coordination. Education and vocational training. The Committee previously requested the Government to provide information on the measures taken to ensure the coordination of education, vocational training and employment policies. It also requested the Government to include information on the measures taken to improve the supply of vocational and technical training, particularly for vulnerable workers, including young persons and women. The Committee notes that, according to the CLTM, vocational training should be matched with the needs of the market and recruitment for jobs must take into account the qualifications of applicants. In this regard, the Committee notes that one of the objectives of the SNE is to increase the school attendance rate of the population at the primary level (from 611 000 students in 2015 to 1 183 000 in 2030), at the secondary level and in vocational training (from 199 000 in 2015 to 739 000 in 2030) and in higher education (from 27 000 in 2015 to 99 000 in 2030). With regard to youth employment, the Government refers to the Support Project for Youth Training and Employment (PAFEJ 2014-21), financed by the African Development Fund that one of the objectives is the creation of conducive conditions for more inclusive economic growth and the reduction of youth unemployment. The Committee also notes that, according to the information available on the website of the Mauritanian Information Agency, the Government has also launched the National Programme for Food Security, Training and Integration (SAFIRE) for the period 2019-23, financed by the European Union, which has the objective of promoting social integration through vocational training and support for youth to find employment. The Committee requests the Government to provide information on the impact of the measures taken to promote education and training for the population in terms of the access of beneficiaries to lasting jobs. The Committee also requests the Government to continue providing information on the coordination of vocational education and training policies with employment policy and the specific needs of the labour market. It further requests the Government to provide information on the impact of the SAFIRE projects and the Support Project for Youth Training and Employment, including Harratines and their descendants and Black Mauritanians.

Collection and use of employment data. The Committee previously requested the Government to report on any progress made in the collection of data on employment, and to specify the employment policy measures adopted as a result of the establishment of the Employment Market and Training Information System (SIMEF). The Government indicates that, in accordance with the protocol agreement concluded on 23 September 2015 between the Government of Mauritania and the International Labour Office, the implementation of the component, “Support for the finalization of the National Employment Policy and the Employment Market and Training Information System (PNE-SIMEF) (MAU1401BAD) was launched to reinforce the Mauritanian information system and provide it with appropriate architecture. The Committee requests the Government to provide information on the progress achieved in the implementation of the Employment Market and Training Information System (SIMEF) and its impact on the collection and use of employment data.

Labour market institutions. The Committee previously requested the Government to provide information on the measures taken to strengthen the institutions that are necessary for the attainment of full employment. It also requested it to provide information on the manner in which the employment offices that exist in the country contribute to ensuring that workers who are available, including young workers, are suitably integrated. The Committee notes the Government’s description of the strategic objectives of the SNE, which include: focusing the national employment policy and sectoral policies on employment, strengthening public employment and integration services, guiding the development of human capital according to a logic based on demand, and developing the governance framework of employment. The Committee notes that, within the framework of the achievement of the objectives of the SNE, the Government plans to multiply the number of operational officers of the employment services by 3.7 with a view to reducing the number of persons experiencing vocational integration difficulties per officer (from 3488 in 2018 to fewer than 500 in 2030). With reference to youth insertion, the Government indicates that it plans to increase the number of young persons integrated through employment programmes from 20 000 in 2018 to 110 000 in 2030. The Committee requests the Government to provide information in its next report on the results and impact of the measures adopted in the context of the four strategic objectives of the SNE for the strengthening and governance of the labour market institutions necessary for the achievement of full employment. In particular, it requests it to provide information on the number of operational officers appointed and the public or private employment offices created, and the number of persons placed in employment by these offices.

Employment promotion and the development of micro- and small enterprises. The Committee previously requested the Government to provide information on the impact of the measures taken in the context of the National Microfinance Strategy (2015-19) and the National Strategy for the Promotion of Micro- and Small Enterprises (2015–19) on the creation of lasting employment by micro- and small enterprises. It also requested information on the jobs generated by labour intensive programmes. The Committee notes that the Government’s report does not contain information in this regard. The Committee requests the Government to provide up-to-date information on the effectiveness of the measures and programmes implemented, including within the context of the SNE, to promote the creation of lasting employment, develop entrepreneurship and create new micro- and small enterprises, particularly for youth and women.

Article 3. Consultation of the social partners. In its previous comments, the Committee requested the Government to provide information on the participation of the social partners in the formulation, updating and implementation of the SNE and the measures taken or envisaged to associate the representatives of persons working in rural areas and the informal economy with the consultations required by the Convention. The Government indicates that the preparation of the SNE was the subject of broad dialogue with the social partners and technical and financial partners in several working meetings and sharing and validation workshops. The Government adds that the SNE contains indicators of objectives which were defined through participation to facilitate their achievement. The Committee requests the Government to provide information on the participation of the social partners in the application of the SNE. It also requests it to indicate the manner in which the interests of the rural and informal economies are taken into account in the implementation of the SNE.

Employment trends and measures taken to address the COVID-19 pandemic. With reference to the impact of the COVID-19 pandemic on the implementation of the policies and programmes adopted to promote full, productive, freely chosen and lasting employment, the Government indicates in its 2021 report that strategies and programmes were adopted with a view to the creation of decent jobs based on gender equality and non-discrimination during the pandemic. In this regard, the Committee notes with interest the measures taken by the Government to ensure the effectiveness of action in support of youth employment, in particular within the framework of the National Integrated Support Programme for Micro- and Small Enterprises (PNIME-2020), which provided financial support for 70 young former detainees and training and integration for 80 young persons in the field of building and public works (BTP) through the Support Project for Youth Training and Employment (PAFEJ). It also notes: the financing and launching of the “My Project, My Future” programme for 750 micro-, small and medium-sized enterprises and the creation of 2250 jobs; the MEHENTI youth programme, which focuses on the independence of apprentices through valuing trades and which provided training and integration (self-employment) for 350 young persons; the entrepreneurship fund for the financing of 1500 income-generating activities and micro-, small and medium-sized enterprises, including 50 micro-, small and medium-sized enterprises financed for the benefit of three associations of women entrepreneurs; the STAGI programme for youth employability by the Government and employers; the United Nations Development Programme (UNDP) project for socio-vocational integration with gender parity for a period of three years; the World Bank Youth Employability Project (PEJ) focusing on awareness-raising, identification and training and financing of income-generating activities for 60 000 young persons in various trades, with 50 per cent girls in Deux Hodhs, Nouakchott, Assaba, Guidimakha and Trarza for a period of five years; the employability and socio-economic integration support project for vulnerable youth (PEJ-BAD, targeting the training and integration of 1000 young persons in the wilaya of Brakna; the agreement with the Ministry of Fishing for the integration of 1000 young persons into fishing trades; and the financing project with UNDP to promote jobs affected by the pandemic for a period of 12 months through the Employment Projects Coordination Unit (CPE). The Committee requests the Government to continue providing information on the labour market measures taken to address the COVID-19 pandemic and to mitigate its negative effects. The Government is also requested to provide statistical data on the impact of these measures on employment retention and job creation, including for persons with disabilities.

The Committee takes note of the Government’s first report on the Convention. However, the Committee observes that the Government’s report provides scant or no information on the many questions raised in the report form on the application of the Convention, approved by the Governing Body.

Article 1 of the Convention. Respect for migrant workers’ basic human rights. The Committee observes that certain articles of the Constitution relative to basic rights are applicable to citizens. It notes in particular that that is the case in sections 1 (protection against discrimination) and 10 (freedom of movement, freedom of opinion and thought, freedom of expression, freedom of assembly, freedom of association and to join a political party or trade union of their choice). The Committee notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expressed concern at the persistence of forced labour in the case of migrant workers. The CMW also noted with concern the situation of migrant women in an irregular situation employed as domestic workers, who are vulnerable not only to exploitation but also to prostitution (Concluding observations, CMW/C/MRT/CO/1, 31 May 2016, paragraph 30). Finally, the Committee refers to its comments on the application of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), in which it requested the Government to provide its comments regarding the observations of the Free Confederation of Mauritanian Workers (CLTM) alleging serious abuse of Mauritanian women domestic workers abroad. The Committee requests the Government to provide detailed information on the measures adopted to ensure protection of the basic human rights of foreign migrant workers in Mauritania. In particular, the Committee requests the Government to indicate whether the basic rights recognized for citizens under the Constitution are also recognized for men and women foreign workers in the country. It also requests the Government to provide information on the measures adopted to ensure respect for the basic rights of men and women Mauritanians working abroad.

Article 2. Migration flows. Measures aimed at combating clandestine movements of migrants, illegal employment of migrants, and sanctions. The Committee notes that Mauritania, according to the migration profile established by the International Organization for Migration (IOM), is essentially a major destination and transit country for migrants from Sub-Saharan Africa (mainly from Senegal and Mali, but also from Côte d’Ivoire, Gambia, Guinea Bissau, etc.). Many migrants in the country work in the informal sector, transiting through Mauritania on their way to Europe, especially Spain, via the Canary Islands. It notes that the Government indicates in its report that the management of migrant labour will in future be better informed, thanks to measures put in place in the National Statistics Office, which will include a series of questions on migration and work in the employment module of the survey on household living conditions (EPCV) and in the employment survey. In that regard, the Committee stresses that under Article 2 of the Convention, each country for which this Convention is in force shall systematically seek to determine whether there are illegally employed migrant workers on its territory and whether they depart from, pass through or arrive in its territory any movements of migrants for employment in which the migrants are subjected during their journey, on arrival or during their period of residence and employment to conditions contravening relevant international multilateral or bilateral instruments or agreements, or national laws or regulations. It recalls that the representative organisations of employers and workers shall be fully consulted and enabled to furnish any information in their possession on this subject. The Committee therefore requests the Government to ) keep it informed of any system put in place to collect in the future precise data on migration for employment departing from, passing through, or arriving in its territory. It further requests the Government to communicate statistics, disaggregated by sex and nationality: (i) on migration flows departing from and arriving in Mauritania, in particular on the number of foreign workers residing legally in the country; and if available (ii) the number of workers who entered the country seeking employment and who are in an irregular situation; as well as on (iii) the number of Mauritanian citizens leaving Mauritania to seek employment abroad who are in either a regular or irregular situation.

Article 3. Collaboration with other Member States to prevent and suppress clandestine migration and illegal employment. The Committee notes that the Government collaborates with other Member States in respect of migration in the framework of numerous international agreements. It welcomes such cooperation and recalls in this connection that according to the General principles and operational guidelines for fair recruitment, approved by the Governing Body of the ILO in 2016, Governments should make public the bilateral and multilateral agreements on migrant labour and inform migrant workers of their provisions (paragraph 13.1). The Committee requests the Government to provide information on the measures taken in this connection.

Article 4. Systematic exchange of information. Consultation with the social partners. The Committee observes that Act No. 2020-017 of 6 August 2020 concerning the prevention and repression of human trafficking and the protection of victims provides for the establishment of a National Instance against human trafficking and trafficking of migrants, of which the functions include: encouraging cooperation with peer instances in other countries with which it has signed cooperation agreements; and accelerating the exchange of information with them, in order to have early notice of violations of the law and prevent them occurring. The Committee requests the Government to provide detailed information on the activities of the National Instance against human trafficking and the trafficking of migrants in respect of the systematic exchange of information, as well as on any other mechanism in place concerning the exchange of information on labour migration, and to specify whether the social partners are consulted within the framework of these mechanisms.

Article 6. Effective detection of the illegal employment of migrant workers. The Committee notes that, according to section 18 of Decree No. 2018-025 of 8 February 2018, abrogating and replacing Decree No. 2009-224 of 29 October 2009 establishing the employment conditions of migrant labour and instituting work permits for foreign workers, a labour inspector or a police officer, or any other duly appointed administrative agent can take note of breaches of the above-mentioned Decree. It notes in this regard the concern of the CMW that the labour inspections concentrate more on the status of the migrant workers than on their working conditions (Concluding observations, CMW/C/MRT/CO/1, paragraph 30). In this connection, the Committee recalls that cooperation between the labour inspectorate and the immigration authorities should be carried out cautiously, keeping in mind that the main objective of the labour inspection system is to protect the rights and interests of all workers, and to improve their working conditions, rather than the enforcement of immigration law. Where a large proportion of inspection activities relate to verifying the immigration status of migrant workers, this may mobilize considerable resources in terms of staff, time and material resources, to the detriment of those allocated to the inspection of conditions of work and deter them from making complaints (2016 General Survey concerning the migrant workers instruments, paragraph 482). The Committee requests the Government to provide details of the role of the labour inspectorate in the verification of the status of migrant workers. It requests the Government to provide information on activities aimed at detecting the presence of illegally employed migrant workers or the organization of clandestine migration for employment, and to indicate the administrative, civil or penal sanctions imposed on persons that organize clandestine migration for employment, or on those who employ migrants illegally. The Committee requests the Government to communicate information on any legal procedure engaged in accordance with the relevant sections of the Penal Code, indicating the sanctions imposed on the authors.

Article 7. Consultation of the social partners. The Committee notes that the National Strategy for better management of migration, adopted in 2010, provided for the establishment of a system for the management, monitoring and evaluation of migration, with the participation of the social partners, in particular through the establishment of a National Committee for the Management of Migration. The Committee also notes that the Government indicates its intention to reinforce cooperation with the social partners by setting up a National Council for Social Dialogue (Decree No. 2021-012 of 26 January 2021, establishing the National Council for Social Dialogue), which will allow discussions with the tripartite constituents on how to integrate migrant workers and protect their rights. The Committee requests the Government to indicate whether the National Committee for the Management of Migration has been put in place in practice and if so, to provide detailed information on its activities. It also requests the Government to provide information on the activities of the National Council for Social Dialogue in respect of labour migration.

Article 9. Possibility of defending rights. The Committee takes note that according to section 21 of the Constitution of the Islamic Republic of Mauritania, any foreign national in a regular situation on the national territory enjoys the protection of the law in respect of his or her person and property. It notes, nevertheless the CMW’s concern that migrant workers are subject to forms of exploitation such as inadequate pay or excessive working hours or a lack of information on the effective access to remedies to challenge their expulsions (Concluding observations, CMW/C/MRT/CO/1, paragraphs 30 and 38). The Committee recalls in this regard that expulsion orders, in general, should not have the effect of denying migrant workers the right to appeal those orders nor should they have the effect in practice of denying migrant workers the right to file complaints with regard to violations of other rights (2016 General Survey, paragraph 499). The Committee requests the Government to provide information on the measures adopted to allow migrant workers to appeal expulsion orders and to defend their rights arising out of current or past employment. In particular, it requests the Government to indicate the existing measures taken to allow migrant workers to submit complaints to the labour inspectorate, but also before a competent court.

Article 9(3). Cost of expulsion. The Committee notes that according to section 33(b) of Decree No. 64-169 of 15 December 1964 regulating immigration in the Islamic Republic of Mauritania, when a foreign national residing in Mauritania definitively leaves the national territory, the repatriation deposit paid on arrival must be refunded, after release by the Minister of the Interior, once it has been established that the foreign national is the holder of a ticket to travel abroad. Recalling that the Convention expressly provides that in case of expulsion of the worker or his family, the cost shall not be borne by them, the Committee requests the Government to specify whether the repatriation deposit is used to cover the cost of expulsion of the migrant workers and their families.

Article 10. National policy of equality of treatment of migrant workers. The Committee notes the Government’s indication according to which the National Strategy for better management of migration adopted in 2010 is currently undergoing revision in light of new governance contexts, especially the 2018 adoption in Marrakesh of the Global Compact for Safe, Orderly and Regular Migration by the international community. The Committee requests the Government to provide detailed information on the practical implementation of the National Strategy for better management of migration and, as appropriate, on its revision in light of the Marrakech Pact for Safe, Orderly and Regular Migration. More generally, it requests the Government to provide detailed information on the adoption of a national policy designed to ensure equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights, and of individual and collective freedoms for persons who as migrant workers or as members of their families, are lawfully within its territory.

Equality of treatment. Trade union rights. The Committee observes that section 273 of the Labour Code provides that members responsible for the administration or management of a trade union must, if they are foreign nationals, be able to justify five consecutive years’ exercise of the occupation defended by the trade union in the Islamic Republic of Mauritania. The Committee recalls that Article 10 of the Convention makes it obligatory for the Government to declare and pursue a national equality policy with respect to “trade union rights” and that the rules concerning the election of union officers should be left to the unions concerned. It further recalls that, if the principle remains that of unconditional equality of treatment, it has acknowledged in some cases certain exceptions for legislation restricting the ability of migrant workers to take up trade union office, it has emphasized that migrant workers should be able to take up trade union office at least after a reasonable period of residence in the host country (2016 General Survey, paragraph 410). In light of the above, the Committee requests the Government to consider reducing the period of residence required for a foreign worker wishing to exercise trade union functions.

Article 12(c). Activities aimed at migrant workers. The Committee notes the Government’s indication according to which the Ministry for the Civil Service has organized a communication and awareness-raising campaign on the scope of, and issues arising from, the Convention, in the regions with a high concentration of migrant workers (Nouadhibou, Rosso, Sélibabi Alioune), aimed at the tripartite constituents and associating the territorial authorities and the security forces. The Committee requests the Government to provide information on the measures under consideration or adopted to encourage educational programmes aimed at acquainting migrant workers with their rights and enabling them to exercise them in practice.

Article 14(b). Recognition of qualifications. In the absence of information on this subject, the Committee requests the Government to give details of the measures taken to regulate recognition of occupational qualifications acquired outside its territory, including certificates and diplomas.

Article 14(c). Restricted access to limited categories and functions. The Committee observes that according to section 30 of Decree No. 64-169 of 15 December 1964 regulating immigration in the Islamic Republic of Mauritania, no foreign national may exercise in Mauritania, without special authorisation of the Ministry of the Interior, the following occupations: customs officer, forwarder or freight forwarder, officer dealing with immigration and emigration, insurance agent, shipping agent, ship chandler, ship’s agent, director of a travel agency or of an airline company, public transport contractor, currency exchanger, printer, news agent, surveyor, arms and ammunition dealer, operator of hydrocarbon (derivatives or residues) depots, mineral prospector, hotel and bar keeper. The Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equality of treatment. The Convention does however authorize certain restrictions to the principle of equality of treatment with regard to access to employment: (1) Article 14(a) allows the State to make the free choice of employment subject to temporary restrictions for a prescribed period not exceeding two years, while (2) Article 14(c) permits restricting access to limited categories of employment or functions where this is necessary in the interests of the State (2016 General Survey, paragraph 370). The Committee consequently requests the Government to examine the list of “protected” occupations in light of Article 14(c) of the Convention and to alter it accordingly. In the meantime, the Committee requests the Government to provide information on the manner in which the above-mentioned section 30 of Decree No. 64-169 of 15 December 1964 is applied in practice.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s first report on the application of the Convention. It also notes the Government’s indication that trade union federations are consulted on international labour standards through the organization of meetings and the forwarding of the instruments in question to gather their comments and observations. The Government adds that they are also consulted concerning items on the agenda of the International Labour Conference (ILC). It also reports the creation of a National Social Dialogue Council (CNDS), a tripartite body comprising government representatives and the most representative organizations of employers and workers, with a view to promoting social dialogue and contributing to the identification of appropriate solutions to issues in the world of work. The Committee requests the Government to specify whether the National Social Dialogue Council (CNDS) is the body empowered to hold tripartite consultations on matters related to international labour standards under Article 5(1) of the Convention, and to provide updated detailed information concerning the frequency, content, purpose and outcome of the consultations held by the CNDS or any other competent body.

Article 3. Choice of representatives. The Committee notes the Government’s indication that elections to determine the most representative trade unions and the method of appointing workers’ representatives to committees or to participate at the ILC have not yet been organized. The Government indicates, however, that a consultation meeting with trade unions will be held in order to select their representatives for the ILC. The Committee requests the Government to provide updated detailed information on the manner in which employers’ and workers’ representatives are chosen for the tripartite consultations required by the Convention.

Article 4. Administrative support. Necessary training of participants in the procedures. The Committee notes the Government’s indication that the mandate of the CNDS includes participation in the consideration of policies and strategies on technical and vocational training. The Committee requests the Government to provide information on any arrangements made or envisaged to provide administrative support for the operation of the CNDS and to finance the training of participants in the consultation procedures provided for by the Convention, where applicable.

In the context of the COVID-19 global pandemic, the Committee recalls the extensive guidance provided by international labour standards. It encourages the Government to participate in tripartite consultations and social dialogue as a sound basis for formulating and implementing effective responses to the profound socio-economic effects of the pandemic. The Committee invites the Government to continue to provide in its next report updated information on the measures taken in this respect, in accordance with Article 4 of the Convention, as well as Paragraphs 3 and 4 of Recommendation No. 152, including the measures adopted to build the capacity of the tripartite constituents and reinforce tripartite mechanisms and procedures, and also on the challenges encountered and good practices identified.

Comments adopted by the CEACR: Mauritania

Adopted by the CEACR in 2021

C003 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C014 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C052 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C062 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

1. White Lead (Painting) Convention, 1921 (No. 13)

2. Safety Provisions (Building) Convention, 1937 (No. 62)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C102 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C102 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C118 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C143 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Comments adopted by the CEACR: Mauritania

Display the list by:

Adopted by the CEACR in 2021

C003 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C014 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C052 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C062 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

1. White Lead (Painting) Convention, 1921 (No. 13)

2. Safety Provisions (Building) Convention, 1937 (No. 62)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C102 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C102 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C118 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C143 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)