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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mauritania (Ratification: 1963)

1. Article 1 of the Convention. Discrimination on the basis of race, colour, national extraction and social origin. The Committee recalls the allegations by the Free Confederation of Workers of Mauritania (CLTM) that certain Mauritanians, in particular slaves, former slaves and descendants of slaves, are unpaid or underpaid, and that they do not have equal opportunities in employment due to discriminatory practices in recruitment, occupation and classification. The CLTM further alleges that the system allows public and private establishments to violate the laws on a daily basis with impunity and to discriminate in recruitment on the basis of social origin and political affiliation. The Government responds that the CLTM’s allegations are implausible and that all Mauritanians enjoy the same rights, including the black communities, with regard to access to employment. Noting that the Government does not provide an assessment of  the labour market situation of ethnic minorities, the Committee again asks for information on the active measures taken to promote equal access of disadvantaged social and ethnic groups to training, employment and occupation irrespective of their race, colour or social origin. Further recalling the importance of collecting statistical data to assess the impact and progress of the Government’s non-discrimination policy and to determine the need for special measures to be taken with regard to certain disadvantaged groups, the Committee hopes the Government will be able to provide such information in its next report.

2. The Committee recalls the Government’s statement that there are no disadvantaged ethnic groups in Mauritania because in the past, social stratification and slavery existed in each of the four main ethnic groups (Moors, Pulaar, Soninké and Wolof). Recalling that section 395(2) of the Labour Code of 2004 prohibits discrimination on the basis of social origin and that employers are obliged under section 104 to respect the principle of non-discrimination in recruitment, the Committee reminds the Government that prejudices and preferences based on social origin may still persist even when rigid stratifications in society have disappeared, and that former slaves and their descendants may continue to face discrimination in employment and occupation due to their social origin, as is alleged by the CLTM. The Committee notes the Government’s indication that it has demonstrated good faith in this regard, having accepted the direct contacts mission in 2004 on the Forced Labour Convention, 1930 (No. 29), as well as investigations in 2006. The Committee acknowledges the Government’s cooperation and recalls, in this respect, its adoption of the Strategic Framework on the Fight against Poverty to reduce inequalities and respond to the basic needs of the most deprived. The Committee again asks the Government to provide information on the measures taken or contemplated under this Framework to improve the levels of training and employment as well as the social mobility of the most disadvantaged men and women of all ethnic groups, and in particular the former slaves and their descendants, and to reduce discriminatory practices against them with respect to employment and occupation, and especially recruitment. The Committee also requests the Government to provide information on the measures taken to ensure effective and impartial supervision by the labour inspectorate of discriminatory practices and to guarantee the right of workers to effective legal remedies when they consider they are being discriminated against. It refers in this connection to the comments being made under Convention No. 29 on the strengthening of labour inspection.

3. The Committee continues its follow-up to the recommendations made in 1991 by a committee established by the Governing Body to examine a representation made by the National Confederation of Workers of Senegal (CNTS), under article 24 of the ILO Constitution, alleging failure to apply the Convention, in particular to black Mauritanian workers of Senegalese origin whose employment was adversely affected as a consequence of the conflict with Senegal in 1989. In this context, the Committee is monitoring whether appropriate measures have been implemented to compensate for the harm done to Mauritanian nationals who were subjected to discrimination, by reintegrating such persons into their employment and re-establishing their related rights. The Committee notes the Government’s indication that no judicial or administrative action has ever been taken by these individuals since their problems were resolved, as indicated in previous reports under the Protection of Wages Convention, 1949 (No. 95). Referring to its most recent observation under Convention No. 95, the Committee recalls that despite reassurances on this matter, the Government is still not in a position to supply the slightest concrete element or documented information corroborating its statements. The Committee is therefore bound once more to ask the Government to spare no effort in providing specific details on the measures taken and the number of affected workers who have been inserted in government employment or alternatively provided with compensation, and those who received retirement pensions after the events of 1989.

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