Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 3 of the Convention. Legislative amendments. The Committee again expresses the firm hope that the Government will soon report tangible progress in the revision of the Labour Code to bring it fully into conformity with the Convention and that, to this end, due account will be taken of the points below.

• -The Committee recalls that the implementation of section 268 in combination with section 273 of the Labour Code is liable to infringe the right of organizations to elect their representatives in full freedom by denying them the possibility of electing qualified persons or by depriving them of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks. The Committee therefore requests the Government to make the eligibility conditions more flexible, for example by exempting from the occupational requirement a reasonable proportion of trade union officers.
• -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 peaceful occupation of workplaces or their immediate surroundings, and to provide for penal sanctions only in cases where action during a strike is not peaceful.