Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes the Government’s reply to the previous observations of the Free Confederation of Mauritanian Workers (CLTM) and to those of the General Confederation of Workers of Mauritania (CGTM), which was sent in its report. The Committee also notes the new observations made by the CLTM, received on 12 June 2019. The Committee invites the Government to send its comments in this regard.

Article 2(1) of the Convention. Inclusion of labour clauses. In its observations of June 2019, the CLTM reiterates its previous observations concerning non-compliance with the provisions of the Convention. The CLTM emphasizes that the beneficiaries of contracts awarded by the public authorities have no official status in law and that the award of these contracts lacks transparency. Specifically, the CLTM asserts that these contracts are awarded in most cases on the basis of mutual agreement without any call for bids. The CLTM adds that the beneficiaries of these contracts have recourse to subcontracting, even though this is prohibited, and do not possess an employer number at the National Social Security Fund (CNSS), a supplier account at the Department of Taxation or working capital. Moreover, according to the CLTM, it is impossible to trace these subcontractors since they do not have an address or registered office. The Government indicates in its reply that the observations of the CLTM are baseless. The Committee notes that the Government’s report merely reiterates its previous statements regarding the inclusion of labour clauses in all bid dossiers. In this regard, the Committee notes the provisions of Decree No. 2017-226/PM repealing and replacing the regulations implementing Act No. 2010-044 of 22 July 2010, stipulating that in order to determine the conditions in which contracts are carried out, the contract terms shall include both general and specific documents, including the labour clauses document containing legal and regulatory requirements regarding the protection of workers (section 41(c) of Act No. 2010-044). It also notes that section 44 of the above-mentioned Decree obliges the Public Procurement Committee (CPMP) and the contracting authorities to stipulate explicitly in every contract that bidding enterprises, suppliers and service providers shall undertake to comply in their bids with all laws and regulations or all provisions of collective agreements relating in particular to wages, to conditions of work, safety and the environment, and to the health and well-being of the workers concerned. They also remain guarantors for the observation of conditions of work, and are responsible for their application by any subcontractors. As regards the status of employers to whom public contracts are awarded, the Government indicates that the Department of Labour only grants a certificate of conformity to an employer after an inquiry to identify the company and determine its situation with respect to the application of the labour legislation. As regards the observations of the CGTM concerning the updating of the 1974 collective labour agreement, the Government indicates that the updating of that agreement depends on determining trade union representativeness to be able to conclude the negotiations. It adds that, to this end, consultations are under way with a view to holding elections. The Government also indicates that revising or updating the whole body of labour legislation is one of the major objectives of the Ministry of Labour and that two consultants (national and international) have been recruited to work on this matter. The Committee requests the Government to provide detailed information on the manner in which observance of the provisions of the Convention is ensured. Moreover, the Committee requests the Government to indicate the manner in which it is ensured that labour clauses are brought to the attention of bidders and of workers employed under the public contracts to which the Convention applies. The Committee further requests the Government to keep the Office informed of all progress made in relation to the updating of the 1974 collective agreement and the plans to revise the labour legislation.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee asked the Government to provide detailed information, including statistics, on the application of the Convention in practice. The Committee notes that the Government does not provide specific information on the application of the Convention, including no statistics on either public contracts or the number of workers covered by public contracts. The Committee therefore once again requests the Government to provide information, including statistics on the average number of public contracts granted annually and the approximate number of workers engaged in their execution, standard bidding documents and labour clauses, extracts from reports of the labour inspection services showing the number and nature of any offences recorded and penalties imposed, and any other information enabling the Committee to conduct a better appraisal of the manner in which the Convention is applied in practice.