Minimum Age (Sea) Convention (Revised), 1936 (No. 58) - Mauritania (Ratification: 1963)

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

In order to provide an overview of the issues relating to the application of maritime agreements, the Committee considers it helpful to examine them in a single comment as follows.

The Committee notes the adoption of Act No. 2013-029 of 15 October 2013, establishing the Merchant Navy Code (CMM) which addresses some points raised by the Committee in its previous requests. It also notes the observations of the General Confederation of Workers of Mauritania (CGTM), received on 28 August 2015, relating to the Seamen’s Articles of Agreement Convention, 1926 (No. 22) and the Repatriation of Seamen Convention, 1926 (No. 23). The Committee notes that, according to the CGTM, social dialogue has been interrupted by the Fishing Ministry concerning negotiations regarding the Maritime Convention and workers and trade unions are no longer involved in the implementation and monitoring of the relevant regulations. The CGTM maintains that the social partners are excluded from the negotiations regarding the conclusion of maritime agreements. The Committee notes the Government’s reply to the observations of the CGTM. However, it notes that this reply does not provide clarification on this matter. The Committee requests the Government to provide information in this respect.

Seamen’s Articles of Agreement Convention, 1926 (No. 22.) Article 3(1). Signature of a seafarers’ employment agreement. In its previous request, the Committee requested the Government to indicate the measures taken in order to ensure that the seafarer, and possibly his or her adviser, has the possibility of examining the employment agreement before signing it, and that the seafarer understands its terms, as required by the Convention. In its reply, the Government indicates that section 394(2) of the CMM gives full effect to this provision of the Convention. The new provision of the CMM stipulates that the contract must be signed by the seafarer before departure of the vessel under conditions that allow him or her to examine the clauses unhurriedly and to, where necessary, freely ask and accept advice before signing. The Committee takes note of this information.

Article 6(3)(2). Particulars to be included in the employment agreement. In its previous comments, the Committee noted that the former CMM did not provide for the compulsory inclusion in the seafarers’ employment agreement of the place and date when the agreement was signed and details of annual leave with pay. The Committee notes that the Government’s report does not contain information on this subject and that the new Code does not cover this point. The Committee once again requests the Government to indicate how full effect is given to this provision of the Convention.

Repatriation of Seamen Convention, 1926 (No. 23). Application of the Convention. The Committee notes the observations of the CGTM according to which Mauritanian seafarers are abandoned by foreign shipowners in transit ports. It emphasizes that this situation is due mainly to the type of permits granted by the State and their lack of clarity, as foreign shipowners do not want any on-board monitoring conducted by national seafarers. The Committee requests the Government to provide information in this regard.

Article 5(2). Remuneration. In its previous comment, the Committee noted that previous Act No. 95-009 of 31 January 1995, establishing the CMM, did not contain any provisions to ensure that a seafarer repatriated as a member of a crew is entitled to remuneration for work done during the voyage, as set out by this Article of the Convention. In its reply, the Government indicates that the provisions of the new CMM are in line with the provisions of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes, however, that subsection (8) of the new CMM (sections 460–462) on the issue of repatriation still does not include provisions ensuring that a seafarer be remunerated. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Officers’ Competency Certificates Convention, 1936 (No. 53). Article 3(2). Exceptions. The Committee notes that section 418(1) of the new CMM provides that seafarers can only be employed on board a Mauritanian vessel if they have successfully completed the appropriate vocational training. Paragraph 2 of the section in question provides that, except in cases of force majeure or exceptions granted by the maritime authority, the duties of officers on board commercial vessels can only be performed by seafarers who hold a certificate or qualification in accordance with the International Convention on Standards of Training, Certification, and Watchkeeping (STCW). The Committee once again recalls that exceptions to the provisions of the Convention are only permitted in cases of force majeure and that, therefore, the possibility for the maritime authority to grant exceptions is not in conformity with the Convention. It therefore hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention and that, until then, the maritime authority will not grant such exceptions.

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

Article 2 of the Convention. Minimum age. The Committee notes the information contained in the Government’s report to the effect that section 269 of Act No. 95-009 of 31 January 1995 issuing the Merchant Marine Code prohibits the employment of children under 15 years of age on ships. While noting that this provision continues to give full effect to the Convention, the Committee wishes to draw the Government’s attention to the fact that Convention No. 58, as well as 67 other international instruments on maritime labour, have been revised by the Maritime Labour Convention, 2006 (MLC, 2006), which prohibits the employment, engagement or work on board of any person under the age of 16 (Standard A1.1(1)). The Committee therefore recalls that, if the Government should decided to ratify the MLC, 2006, it would have to amend section 269 of Act No. 95-009 to increase the minimum age of seafarers from 15 to 16 years. The Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, and requests it to keep the Office informed of any decision taken in this respect.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation in its next report of the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and information concerning the number and nature of the contraventions reported, and other details relating to the application of the Convention in practice, particularly with regard to ships’ boys and apprentices engaged on board ships registered in Mauritania, as well as information on any difficulties encountered in the application of the Convention in practice.