Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Mauritania (Ratification: 1963)

The Committee notes the observations received on 3 September 2007 from the General Confederation of Workers of Mauritania (CGTM), through the International Trade Union Confederation (ITUC). It notes the CGTM’s indications that in Mauritania the labour administration, in the context of the attribution of public contracts by the National Contracts Commission, requires tendering enterprises to provide a certificate of conformity with labour regulations with a view to the acceptance of their tender. It further notes that on this occasion the labour directorate verifies the compliance by the enterprises concerned with the labour clauses contained in the regulations in force. The Committee however notes that, according to the CGTM, the adoption by Mauritania of economic liberalization policies has led to a deregulation of employment contracts and the development of fixed-term or temporary job offers. Finally, it notes that, in the view of the CGTM, supervision of compliance with labour clauses is not fully guaranteed, which leads to labour disputes within the selected enterprises, and that the labour administration should strengthen its capacities and provide upstream supervision of violations of labour regulations by these enterprises. The Committee requests the Government to provide its comments on the CGTM’s observations. The Government is also requested to reply to the direct request that the Committee made in 2005.

The Committee also draws the Government’s attention to the General Survey that it has carried out this year on labour clauses in public contracts, which gives an overview of the law and practice of member States in this field and provides an evaluation of the impact and current relevance of Convention No. 94.

[The Government is asked to reply in detail to the present comments in 2008.]