Observation (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)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC), received on 1 September 2015, reporting systematic arrests of trade unionists during demonstrations. The Committee requests the Government to send its comments on this matter. The Committee takes note of the observations of the General Confederation of Workers of Mauritania (CGTM), received on 28 August 2015, and the Government’s reply. The Committee also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2015, which are of a general nature.

Article 3 of the Convention. Trade union elections. The Committee noted previously the process initiated in 2014 to adopt a legal framework for the determination of representativeness criteria in the private and public sectors with a view to organizing corresponding elections. According to the Government, Decree No. 156-2014/PM of 21 October 2014 on determining the representativeness of trade union organizations sets the criteria at establishment level and up to interoccupational and national level. The Decree also organizes the trade union representativeness of public servants and contractual employees of the State. The Committee also notes the information to the effect that draft decrees are currently before the National Council for Labour, Employment and Social Security (CNTESS) for an opinion prior to their adoption. These are draft orders establishing arrangements for the collection and consolidation of election results; establishing rules and practical arrangements for organizing the election of staff delegates in enterprises and establishments; and establishing practical arrangements for the organization and functioning of the National Council on Social Dialogue. Lastly, the draft order establishing rules and practical arrangements for the organization of elections to joint administrative committees in the public service is before the Higher Council for the Public Service and Administrative Reform for its opinion prior to adoption. The Committee requests the Government to continue to provide information on the progress made in the organization of elections of workers’ representatives for determining trade union representativeness in the public and private sectors. The Committee hopes that the Government will continue, as it has requested, to benefit from technical assistance from the Office to this end. Lastly, in view of the ITUC’s observations on the exclusion of the CGTM from consultations in the CNTESS, the Committee trusts that the Government will include all the organizations concerned in its consultations on the process of legislative reform that it has initiated in view of the elections.

Articles 2 and 3. Legislative amendments. The Committee recalls that for several years it has been requesting the Government to take measures to amend certain provisions of the Labour Code to make them fully consistent with the Convention. The Committee notes the information supplied by the Government to the effect that a committee in charge of the revision of the Labour Code was set up in July 2015 and should complete its work before the end of the year. In the course of its work, the abovementioned committee has already consulted the social partners and other institutions. The Committee again expresses the firm hope that in the near future the Government will report tangible progress in the revision of the Labour Code to bring it fully into conformity with the Convention. The Committee trusts that the Government will take due account in this connection of all the points recalled below.

• -Right of workers to establish and join organizations of their own choosing without prior authorization. The Committee requests the Government to take measures to amend section 269 of the Labour Code so as to remove any obstacles that prevent minors who have access to the labour market (14 years according to section 153 of the Labour Code), whether as workers or apprentices, from exercising the right to organize without permission from the parents or guardian being necessary.
• -Right to organize of magistrates. The Committee recalls that for many years it has been requesting the Government to take steps to ensure that magistrates enjoy the right to form and join organizations of their own choosing, in accordance with Article 2 of the Convention. Noting the information supplied by the Government to the effect that magistrates now have their own organization in which they exercise their trade union rights in full, the Committee requests the Government to indicate the legal basis for enabling this progress.
• -The right of workers’ organizations freely to elect their representatives and organize their administration and activities in full freedom, without interference from the public authorities. The Committee requests the Government to take measures to amend section 278 of the Labour Code to ensure that any change in the administration or leadership of a trade union may take effect as soon as it is notified to the competent authorities and without the latter’s approval being necessary.
• -Compulsory arbitration. The Committee requests the Government to take measures to amend section 350 of the Labour Code to ensure that the possibility for the Ministry of Labour to resort to compulsory arbitration in the event of a collective dispute is limited to cases involving an essential service in the strict sense of the term, that is a service the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and to situations of acute national crisis.
• -Duration of mediation. Recalling that the maximum duration (120 days) of a mediation procedure before a strike may be called, stipulated in section 346 of the Labour Code, is too long, the Committee requests the Government to take measures to amend this provision in order to reduce the maximum duration.

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