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

Equal Remuneration Convention, 1951 (No. 100) - Mauritania (Ratification: 2001)

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the definition in section 224 of the Labour Code provides that the notion of salary includes the basic wage, payments incidental to a worker’s salary, leave benefits, bonuses, indemnities, allowances of any kind and damages. It appears to the Committee that this definition is in conformity with the definition of remuneration in Article 1(a) of the Convention and it asks the Government to provide information on its practical application, particularly with respect to payments made in cash or in kind.

2. Article 1(b). Equal remuneration for work of equal value. The Committee recalls that section 191 of the Labour Code states that “with equal working conditions, professional skills and output, wages are equal for all workers regardless of their origin, sex, age or status”. It also recalls that section 395 prohibits all discrimination based on sex. It notes the Government’s indication that the phrase “equal working conditions, professional skills and output” in section 191 refers, more broadly, to all work of equal value. With respect to the civil service, the Committee notes that the wages of the civil service are set according to Act No. 93-09 of 18 January 1993, and in particular section 15, which prohibits discrimination on the basis of opinion, sex and race. Apart from this provision and a similar provision in section 105 covering contractual agents of the State, Act No. 93-09 contains no specific guarantee of equal remuneration between men and women workers for work of equal value. Based on the provisions identified by the Government in the Labour Code and Act No. 93-09, it is unclear whether the principle of equal remuneration is fully enshrined in the law, leaving open the possibility for misinterpretation in practice. The Committee, therefore, urges the Government to consider giving full legislative expression in both the Labour Code and Act No. 93-09 to the principle as contained in Article 1(b) of the Convention.

3. Article 2. Determination of wages. Collective agreement. The Committee recalls that, according to section 193 of the Labour Code, wages are determined by collective agreements, by decree or by individual agreements respecting the minimum wages provided by the regulation or collective agreement in force. According to section 76 of the Code, collective agreements need to take into account the principle of non-discrimination contained in section 295, paragraph 2, of the Code. Noting that the Government’s report did not include a copy of the General Collective Labour Agreement of 13 February 1974, the Committee again asks for a copy of this and any other collective agreements currently in force.

4. Article 3. Job evaluation. The Committee notes that article 36 of the General Collective Labour Agreement provides for the means to measure and objectively compare the relative value of jobs. The Committee regrets that it does not have a copy of the collective agreement for its consideration but notes nonetheless the Government’s request for technical assistance from the Office in its effort to extend this evaluation process to the national level. The Government also indicates that article 36 provides for a tripartite classification commission presided over by the competent labour inspector including representatives from workers’ and employers’ organizations with the mandate of resolving disputes over job classifications. Recalling that measuring and comparing objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee asks the Government to provide information on the practical application of article 36 in the objective comparison of jobs and to indicate the number and outcome of cases appearing before the classification committee relating to the application of the principle of equal remuneration for men and women for work of equal value.

5. Part III of the report form. Enforcement. According to the Government, the labour inspectorate regularly supervises the application of the principle of the Convention but there are no infringements with regard to equal remuneration to report. The Committee asks the Government to provide details on the methods used by the labour inspectorate in determining whether workplaces respect the principle of equal remuneration along with information on any infractions reported or complaints submitted in this regard.

6. Part V of the report form. Practical application. Referring to its previous observation, the Committee recalls the allegations of the Free Confederation of Workers of Mauritania (CLTM) and the International Confederation of Free Trade Unions (ICFTU) that, while the law prohibits discrimination on the basis of sex and provides for equal remuneration for equal work, only a minority of women benefit from this protection. The Committee notes the Government’s reply that the CLTM and the ICFTU have not presented facts to support their allegations. The Committee emphasizes that it is equally important for the Government to provide adequate information to allow the Committee to make a full and fair assessment of the actual situation of women in the country with regard to equal remuneration. In this regard, the Committee regrets that the Government again provides little information that would allow it to properly appreciate the practical application of the Convention. The Committee, therefore, reiterates its previous request for statistical data disaggregated by sex (as described in the 1998 general observation on this Convention), legislation, reports, guidelines and other publications, and information on any measures to promote or to ensure the application of the principle of equal remuneration between men and women for work of equal value in both the public and private sectors.