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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mauritania (Ratification: 1961)

The Committee notes that the Government’s report has not been received. However, it notes the observations made by the Free Confederation of Workers of Mauritania (CLTM) concerning the application of the Convention. The Committee recalls that its previous comments concerned the following points:

1.  Article 3 of the Convention. Right of organizations to elect their representatives in full freedom.  The Committee emphasizes once again that section 7 of the Labour Code, as amended by Act No. 93-038 of 20 July 1993, limits the right of access to trade union office to nationals of Mauritania. The Committee recalls that the legislation should be amended to enable organizations to choose their officers in full freedom and to allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country (see General Survey on freedom of association and collective bargaining, 1994, paragraph 118).

Articles 3 and 10. Right of organizations to organize their activities and to formulate their programmes freely in order to further and defend the interests of their members.  The Committee notes once again that sections 39, 40, 45 and 48 of Book IV of the Labour Code which is currently in force permit the prohibition of strikes in the event of referral to compulsory arbitration. It hopes that the Labour Code will be amended to confine the prohibition of strikes solely to the essential services in the strict sense of the term, that is those whose interruption would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis.

The Committee once again requests the Government to provide information on the measures which have been taken or are envisaged to amend the Labour Code with a view to bringing the legislation into conformity with the requirements of the Convention.

2.  The Committee notes the observations made by the Free Confederation of Workers of Mauritania to the effect that the authorities refuse to recognize the right of fishermen and fishmongers to organize as workers, on the grounds that they are not employees. The CLTM emphasizes the great pressure exercised by the authorities to induce these workers to withdraw from the CLTM, and the obligation placed on taxi drivers and cart drivers to organize within the National Transport Federation. It adds that fishermen, fishmongers, taxi drivers and cart drivers are obliged to pay daily taxes and compulsory contributions and dues by the authorities, by the Employers’ Fishing Federation and by the National Transport Federation.

The Government indicates that these allegations are not founded since no authorities took any decision in this sense. The Government adds that the national authorities are not involved at any stage in the election process of workers’ representatives and that the labour courts which are competent on issues related to these elections never received a complaint of the CLTM on this matter. The Committee takes note of this information.