Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Mauritania (Ratification: 1963)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to give an overview of the issues relating to the application of the Conventions on fishing, the Committee deems it appropriate to examine them in a single comment, as set out below.

Minimum Age (Fishermen) Convention, 1959 (No. 112)

Article 2 of the Convention. Minimum age for admission to work on fishing vessels. The Committee noted that section 413(1) of Act No. 2013-029, issuing the Merchant Shipping Code, prohibits the employment, engagement or work on board a vessel of any person under the age of 16 years. Section 413(2) provides that the maritime authority may authorize persons aged 15 years to work on fishing vessels when they are engaged in vocational training in fishing or performing light work. Section 413(4) provides that the maritime authority may authorize exceptions to Section 413(2), without specifying the minimum permissible age for this exception, where the effective training of fishers in the context of established programmes and schedules would be impaired. The Committee had recalled that Article 2(3) of the Convention authorizes exceptions to the minimum age of 15 years, while setting a permissible limit at 14 years for children employed on board fishing vessels and requested the Government to provide clarifications on the minimum age authorized by section 413(4) of the Merchant Shipping Code. The Committee notes the Government’s reiteration in its report that, while the exception established to the above section does not specify the minimum age authorized, this age is in fact set at 14 years. It adds that this issue will be taken into account in the implementing regulations. Noting that the legislation currently in force does not set an age limit of 14 years for authorized exceptions, the Committee asks the Government to take the necessary measures without further delay to bring its legislation into full conformity with Article 2 of the Convention.

Fishermen's Articles of Agreement Convention, 1959 (No. 114)

Article 6(3). Particulars to be contained in the agreement. In its previous comment, the Committee requested the Government to indicate the measures adopted to give full effect to Article 6 of the Convention, namely regarding the inclusion of the following particulars in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; and (e) the amount of his wages, or the amount of his share and the method of calculating such share. The Committee notes that the new Merchant Marine Code does not set out a list of particulars to be contained in the agreement. In its response, the Government indicates that there have been no changes to the legislation since the adoption of Act No. 2013-029 of 15 October 2013 issuing the Merchant Marine Code. The committee requests the Government to take, without further delay, the necessary measures to bring its legislation fully into conformity with this provision of the Convention.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the adoption on 15 October 2013 of Act No. 2013-029 issuing the Merchant Marine Code.

Article 3(1) of the Convention. Examination of agreement before signing. In its previous comments, noting that the Merchant Marine Code contained no provisions allowing for fishers to examine the articles of agreement before they are signed, the Committee asked the Government to indicate how it ensures observance of this provision of the Convention. The Committee notes with interest that section 394(2) of the new Merchant Marine Code gives full effect to this provision of the Convention, by providing that “The agreement shall be signed by the seafarer before the departure of the vessel in conditions in which he has the opportunity to examine the terms and conditions and is able, where necessary, to seek advice and accept them freely before signing them.”

Article 5. Record of employment. The Committee previously requested the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers. The Committee notes in this respect that section 404 of the new Merchant Marine Code establishes that, upon discharge, the shipowner or the master shall provide the seafarer with a certificate of service. The Committee also notes that section 45 of the Maritime Labour Collective Agreement 2006 provides that any seafarer may demand upon discharge a certificate of work from the master or shipowner indicating exclusively the name and address of the employer and the nature of the employment or, where appropriate, the successive jobs occupied by the seafarer. The Committee takes note of this information.

Article 6(3). Particulars to be contained in the agreement. The Committee previously requested the Government to indicate which legislative provisions give effect to this provision of the Convention, namely regarding the inclusion of the following particulars in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; and (e) the amount of his wages, or the amount of his share and the method of calculating such share. The Committee notes that the new Merchant Marine Code does not set out a list of particulars to be contained in the agreement. The Committee therefore invites the Government to indicate the measures adopted or envisaged to give effect to this provision of the Convention.

Article 11. Immediate discharge. The Committee previously requested the Government to indicate the provisions of the law or regulations which determine the circumstances in which the fisher can request immediate discharge. The Committee notes in this respect that section 399 of the new Merchant Marine Code lists the circumstances in which the fisher can terminate the maritime employment agreement without notice. The Committee takes note of this information.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1) of the Convention. Scope of application. The Committee requests the Government to refer to its comments concerning Article 1(1) of Convention No. 112, in which it asks the Government to indicate the legislation that applies to vessels that are excluded from the scope of the Merchant Marine Code (Act No. 95-009 of 31 January 1995) pursuant to section 12 of the Code because maritime navigation is not their principal activity.

Article 1(3). Collective agreements. The Committee notes that section 325 of the Merchant Marine Code allows collective agreements to be concluded by branch of maritime activity, including deep-sea fishing and coastal fishing, and by shipping company or group of companies. The Committee requests the Government to indicate whether any such agreements have been concluded in the fishing sector and, if so, to provide specimens.

Article 3(1). Examination of articles of agreement before signing. The Committee notes that the Merchant Marine Code contains no provisions allowing for fishermen to examine the articles of agreement before they are signed, as the Convention requires. The Committee asks the Government to indicate how it ensures observance of this provision of the Convention.

Article 3(6). Formalities for the protection of the interests of the shipowner and the fisher. The Committee requests the Government to list the formalities and safeguards prescribed by the national legislation in respect of the completion of the agreement, in order to protect the interests of the owner of the fishing vessel and of the fishers.

Article 5. Record of employment. The Committee notes that, according to section 302 of the Merchant Marine Code, where the end of the employment contract does not coincide with the end of the voyage, the fisher is entitled to obtain from the shipmaster a certificate assessing the quality of his work or the fulfilment of his contractual obligations. It reminds the Government, however, that for all fishers a record of employment must be kept by the national competent authority and made available to the fisher concerned at the end of each voyage or venture or entered in his service book. The Committee requests the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers.

Article 6(3). Particulars to be mentioned in the agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 9. Automatic termination of the agreement. The Committee notes that, according to the third paragraph of section 302 of the Merchant Marine Code, the agreement is terminated, inter alia, “in the event of the vessel’s improper departure for abroad”. The Committee requests the Government to provide details of the circumstances in which such a departure may entail termination of the agreement.

Article 11. Authorized immediate discharge. The Committee notes that in its last report the Government indicated the serious grounds on which a fisher may be authorized by the maritime authority to discharge himself immediately under section 310 of the Merchant Marine Code, namely: failure by the shipowner to meet his obligations (expressly set out in section 310), sickness or injury occurring during the voyage, and exceptional short absences in the event of the death, accident or serious sickness of a close relative of the fisher. The Committee requests the Government to indicate which provisions of the law or regulations allow immediate discharge to be authorized in such cases and to provide a copy of them, if available.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) of the Convention. Scope of application. The Committee requests the Government to refer to its comments concerning Article 1(1) of Convention No. 112, in which it asks the Government to indicate the legislation that applies to vessels that are excluded from the scope of the Merchant Marine Code (Act No. 95-009 of 31 January 1995) pursuant to section 12 of the Code because maritime navigation is not their principal activity.

Article 1(3). Collective agreements. The Committee notes that section 325 of the Merchant Marine Code allows collective agreements to be concluded by branch of maritime activity, including deep-sea fishing and coastal fishing, and by shipping company or group of companies. The Committee requests the Government to indicate whether any such agreements have been concluded in the fishing sector and, if so, to provide specimens.

Article 3(1). Examination of articles of agreement before signing. The Committee notes that the Merchant Marine Code contains no provisions allowing for fishermen to examine the articles of agreement before they are signed, as the Convention requires. The Committee asks the Government to indicate how it ensures observance of this provision of the Convention.

Article 3(6). Formalities for the protection of the interests of the shipowner and the fisher. The Committee requests the Government to list the formalities and safeguards prescribed by the national legislation in respect of the completion of the agreement, in order to protect the interests of the owner of the fishing vessel and of the fishers.

Article 5. Record of employment. The Committee notes that, according to section 302 of the Merchant Marine Code, where the end of the employment contract does not coincide with the end of the voyage, the fisher is entitled to obtain from the shipmaster a certificate assessing the quality of his work or the fulfilment of his contractual obligations. It reminds the Government, however, that for all fishers a record of employment must be kept by the national competent authority and made available to the fisher concerned at the end of each voyage or venture or entered in his service book. The Committee requests the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers.

Article 6(3). Particulars to be mentioned in the agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 9. Automatic termination of the agreement. The Committee notes that, according to the third paragraph of section 302 of the Merchant Marine Code, the agreement is terminated, inter alia, “in the event of the vessel’s improper departure for abroad”. The Committee requests the Government to provide details of the circumstances in which such a departure may entail termination of the agreement.

Article 11. Authorized immediate discharge. The Committee notes that in its last report the Government indicated the serious grounds on which a fisher may be authorized by the maritime authority to discharge himself immediately under section 310 of the Merchant Marine Code, namely: failure by the shipowner to meet his obligations (expressly set out in section 310), sickness or injury occurring during the voyage, and exceptional short absences in the event of the death, accident or serious sickness of a close relative of the fisher. The Committee requests the Government to indicate which provisions of the law or regulations allow immediate discharge to be authorized in such cases and to provide a copy of them, if available.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) of the Convention. Scope of application. The Committee requests the Government to refer to its comments concerning Article 1(1) of Convention No. 112, in which it asks the Government to indicate the legislation that applies to vessels that are excluded from the scope of the Merchant Marine Code (Act No. 95-009 of 31 January 1995) pursuant to section 12 of the Code because maritime navigation is not their principal activity.

Article 1(3). Collective agreements. The Committee notes that section 325 of the Merchant Marine Code allows collective agreements to be concluded by branch of maritime activity, including deep-sea fishing and coastal fishing, and by shipping company or group of companies. The Committee requests the Government to indicate whether any such agreements have been concluded in the fishing sector and, if so, to provide specimens.

Article 3(1). Examination of articles of agreement before signing. The Committee notes that the Merchant Marine Code contains no provisions allowing for fishermen to examine the articles of agreement before they are signed, as the Convention requires. The Committee asks the Government to indicate how it ensures observance of this provision of the Convention.

Article 3(6). Formalities for the protection of the interests of the shipowner and the fisher. The Committee requests the Government to list the formalities and safeguards prescribed by the national legislation in respect of the completion of the agreement, in order to protect the interests of the owner of the fishing vessel and of the fishers.

Article 5. Record of employment. The Committee notes that, according to section 302 of the Merchant Marine Code, where the end of the employment contract does not coincide with the end of the voyage, the fisher is entitled to obtain from the shipmaster a certificate assessing the quality of his work or the fulfilment of his contractual obligations. It reminds the Government, however, that for all fishers a record of employment must be kept by the national competent authority and made available to the fisher concerned at the end of each voyage or venture or entered in his service book. The Committee requests the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers.

Article 6(3). Particulars to be mentioned in the agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 9. Automatic termination of the agreement. The Committee notes that, according to the third paragraph of section 302 of the Merchant Marine Code, the agreement is terminated, inter alia, “in the event of the vessel’s improper departure for abroad”. The Committee requests the Government to provide details of the circumstances in which such a departure may entail termination of the agreement.

Article 11. Authorized immediate discharge. The Committee notes that in its last report the Government indicated the serious grounds on which a fisher may be authorized by the maritime authority to discharge himself immediately under section 310 of the Merchant Marine Code, namely: failure by the shipowner to meet his obligations (expressly set out in section 310), sickness or injury occurring during the voyage, and exceptional short absences in the event of the death, accident or serious sickness of a close relative of the fisher. The Committee requests the Government to indicate which provisions of the law or regulations allow immediate discharge to be authorized in such cases and to provide a copy of them, if available.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the practical application of the Convention including, for instance, extracts from the reports of the inspection and registration services and, if such statistics are available, information concerning the number of fishers signed on each year, and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) of the Convention. Scope of application. The Committee requests the Government to refer to its comments concerning Article 1(1) of Convention No. 112, in which it asks the Government to indicate the legislation that applies to vessels that are excluded from the scope of the Merchant Marine Code (Act No. 95-009 of 31 January 1995) pursuant to section 12 of the Code because maritime navigation is not their principal activity.

Article 1(3). Collective agreements. The Committee notes that section 325 of the Merchant Marine Code allows collective agreements to be concluded by branch of maritime activity, including deep-sea fishing and coastal fishing, and by shipping company or group of companies. The Committee requests the Government to indicate whether any such agreements have been concluded in the fishing sector and, if so, to provide specimens.

Article 3(1). Examination of articles of agreement before signing. The Committee notes that the Merchant Marine Code contains no provisions allowing for fishermen to examine the articles of agreement before they are signed, as the Convention requires. The Committee asks the Government to indicate how it ensures observance of this provision of the Convention.

Article 3(6). Formalities for the protection of the interests of the shipowner and the fisher. The Committee requests the Government to list the formalities and safeguards prescribed by the national legislation in respect of the completion of the agreement, in order to protect the interests of the owner of the fishing vessel and of the fishers.

Article 5. Record of employment. The Committee notes that, according to section 302 of the Merchant Marine Code, where the end of the employment contract does not coincide with the end of the voyage, the fisher is entitled to obtain from the shipsmaster a certificate assessing the quality of his work or the fulfilment of his contractual obligations. It reminds the Government, however, that for all fishers a record of employment must be kept by the national competent authority and made available to the fisher concerned at the end of each voyage or venture or entered in his service book. The Committee requests the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers.

Article 6(3). Particulars to be mentioned in the agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisherman, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 9. Automatic termination of the agreement. The Committee notes that, according to the third paragraph of section 302 of the Merchant Marine Code, the agreement is terminated, inter alia, “in the event of the vessel’s improper departure for abroad”. The Committee requests the Government to provide details of the circumstances in which such a departure may entail termination of the agreement.

Article 11. Authorized immediate discharge. The Committee notes that in its last report the Government indicated the serious grounds on which a fisher may be authorized by the maritime authority to discharge himself immediately under section 310 of the Merchant Marine Code, namely: failure by the shipowner to meet his obligations (expressly set out in section 310), sickness or injury occurring during the voyage, and exceptional short absences in the event of the death, accident or serious sickness of a close relative of the fisher. The Committee requests the Government to indicate which provisions of the law or regulations allow immediate discharge to be authorized in such cases and to provide a copy of them, if available.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the practical application of the Convention including, for instance, extracts from the reports of the inspection and registration services and, if such statistics are available, information concerning the number of fishers signed on each year, and the number and nature of the contraventions reported.

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

Article 1, paragraph 1, of the Convention. Scope of application. The Committee requests the Government to refer to its comments concerning Article 1, paragraph 1, of Convention No. 112, in which it asks the Government to indicate the legislation that applies to vessels that are excluded from the scope of the Merchant Marine Code (Act No. 95-009 of 31 January 1995) pursuant to section 12 of the Code because maritime navigation is not their principal activity.

Article 1, paragraph 3. Collective agreements. The Committee notes that section 325 of the Merchant Marine Code allows collective agreements to be concluded by branch of maritime activity, including deep-sea fishing and coastal fishing, and by shipping company or group of companies. The Committee requests the Government to indicate whether any such agreements have been concluded in the fishing sector and, if so, to provide specimens.

Article 3, paragraph 1. Examination of articles of agreement before signing. The Committee notes that the Merchant Marine Code contains no provisions allowing for fishermen to examine the articles of agreement before they are signed, as the Convention requires. It asks the Government to indicate how it ensures observance of this provision of the Convention.

Article 3, paragraph 6. Formalities for the protection of the interests of the shipowner and the fisher. The Committee requests the Government to list the formalities and safeguards prescribed by the national legislation in respect of the completion of the agreement, in order to protect the interests of the owner of the fishing vessel and of the fishers.

Article 5. Record of employment. The Committee notes that, according to section 302 of the Merchant Marine Code, where the end of the employment contract does not coincide with the end of the voyage, the fisher is entitled to obtain from the shipsmaster a certificate assessing the quality of his work or the fulfilment of his contractual obligations. It reminds the Government, however, that for all fishers a record of employment must be kept by the national competent authority and made available to the fisher concerned at the end of each voyage or venture or entered in his service book. The Committee requests the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers.

Article 6, paragraph 3. Particulars to be mentioned in the agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisherman, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 9. Automatic termination of the agreement. The Committee notes that, according to the third paragraph of section 302 of the Merchant Marine Code, the agreement is terminated, inter alia, “in the event of the vessel’s improper departure for abroad”. It requests the Government to provide details of the circumstances in which such a departure may entail termination of the agreement.

Article 11. Authorized immediate discharge. The Committee notes that in its previous report the Government indicated the serious grounds on which a fisher may be authorized by the maritime authority to discharge himself immediately under section 310 of the Merchant Marine Code, namely: failure by the shipowner to meet his obligations (expressly set out in section 310), sickness or injury occurring during the voyage, and exceptional short absences in the event of the death, accident or serious sickness of a close relative of the fisher. The Committee requests the Government to indicate which provisions of the law or regulations allow immediate discharge to be authorized in such cases and to provide a copy of them, if available.

Part V of the report form. The Committee requests the Government to provide information on the practical application of the Convention including, for instance, extracts from the reports of the inspection and registration services and, if such statistics are available, information concerning the number of fishers signed on each year, and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the last report provided by the Government refers to both the new Merchant Marine Code established by the Act of 31 January 1995 and the one adopted in 1938. Please indicate which of the two codes is currently in force.

As regards the 1995 Act, it points out that the last government report does not contain any new information in reply to its last direct request and it is therefore bound to raise the issue again in a new direct request.

The Committee notes that, under the terms of section 4 of Act No. 95-0098 of 31 January 1995 issuing the Merchant Marine Code, the provisions of this Code apply to fishing vessels engaged in coastal or small-scale fishing and deep-sea fishing. The Committee notes that, under the terms of section 310 of the Code, the maritime authority may authorize the immediate discharge of the seafarer on serious grounds in Mauritanian and foreign ports. With reference to its previous comments concerning the application of Article 11 of the Convention, the Committee asks the Government to indicate the reasons which constitute serious grounds within the meaning of section 310 and to provide copies of any implementing text or administrative or court decision concerning this matter.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that, under the terms of section 4 of Act No. 95-0098 of 31 January 1995 issuing the Merchant Marine Code, the provisions of this Code apply to fishing vessels engaged in coastal or small-scale fishing and deep-sea fishing. The Committee notes that, under the terms of section 310 of the Code, the maritime authority may authorize the immediate discharge of the seafarer on serious grounds in Mauritanian and foreign ports. With reference to its previous comments concerning the application of Article 11 of the Convention, the Committee requests the Government to indicate the reasons which constitute serious grounds within the meaning of section 310 and to provide copies of any text issued under the above section or administrative or court decisions concerning this matter.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 11 of the Convention. The Committee notes that the Merchant Marine Code currently under preparation should give effect to this provision of the Convention. It hopes that the Government's next report will confirm the adoption of the above Code. In this respect, it recalls that the Office has proposed that an expert should be made available to the Government with a view to assessing the Mauritanian maritime legislation, making recommendations for the necessary revisions and verifying the conformity of the legislation that is in force with the international labour Conventions ratified by Mauritania in this field, as well as examining the possibility of further ratifications. The Committee hopes that the Government will give effect to this proposal.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 11 of the Convention. With regard to the possibility for fishermen to demand their immediate discharge, the Committee has been drawing the Government's attention for some years to the fact that it is not reflected in the national legislation. It notes with interest that the Government plans to have a Bill drawn up to deal with matters still pending, and also that the ILO has agreed in principle to the Government's request for technical assistance for a more general revision of the Merchant Marine Code.