Equal Remuneration Convention, 1951 (No. 100) - Mauritania (Ratification: 2001)

Individual Case (CAS) - Discussion: 2009, Publication: 98th ILC session (2009)

A Government representative stated that Mauritania had been a Member of the ILO since 1961 and had ratified, to date, some 40 conventions, including the eight fundamental Conventions. It was and would remain strongly committed to the values of justice and social peace, which had been the foundation of the ILO throughout its 90 years of existence. The Government was committed to translating these Conventions into national law, enforcing them and submitting regular reports on their implementation. Mauritania had also provided, in a timely manner, all reports due for the year 2008 in accordance with article 22 of the ILO Constitution and the lack of response to the observations of the Committee of Experts on Convention No. 100 was due to a simple omission.

He stated that the claims that women were marginalized in Mauritania were unfounded and that the emancipation of Mauritanian women was a firm reality; women were present in all areas of decision-making. The democratic institutions were characterized by a significant proportion of women, particularly in the National Assembly (17 per cent) and the Senate, as well as in municipal councils (30 per cent). There had been a minister responsible for promoting women’s position in society for over 20 years. Many women had held, and still held, ministerial posts as well as senior positions within the State, such as ambassadors, general secretaries to ministers, heads of ministerial departments, and governors of Wilayas. There was also a significant female presence in the national guard and the police forces. Similarly women were also present in the national army working as doctors.

With regard to legislation, Article 191 of the Labour Code referred to Article 37 of the General Collective Labour Agreement, which clearly set out the principle of equal pay for work of equal value. In other words, for equal conditions of work and of productivity, salaries were equal for all workers regardless of their background, gender, age or status.

In response to comments from the General Confederation of Workers of Mauritania (CGTM), the speaker indicated that Mauritania was respectful of the law. In this sense, despite economic and financial difficulties, the Ministry of Labour had proceeded this year with the recruitment of 20 labour inspectors and 20 labour controllers that were currently being trained at the National School for Administration. Regarding the comments of the Committee on the Elimination of Discrimination against Women (CEDAW), the doors were open to direct contact since the principle of equal pay for work of equal value was respected. Any victim of non-observance of this principle could go to court and it was in the interests of law enforcement that the Government had strengthened the capacity of its labour administration. In addition, the Government had requested ILO assistance to ensure that any misunderstanding concerning the Convention’s application would be addressed.

In conclusion, the speaker referred to the ILO Declaration on Fundamental Principles and Rights at Work of 1998, which held that the Conventions it referred to were universal and applied to all peoples and all States, regardless of their level of economic development. Mauritania was fully committed to this principle and, within the framework of the revision of the Labour Code, the necessary amendments would be made so that all provisions were in conformity with the ILO Conventions to which Mauritania was a party. In addition, efforts made by the Government, with the technical support from the ILO Subregional Office in Dakar, for the establishment of an information system and a database of labour statistics would provide as soon as possible reliable statistical information and thus respond to questions relating to wage levels. Finally, the speaker indicated that the Government would spare no effort to reflect the comments of the Committee regarding the application of Convention No. 100.

The Worker members recalled that Mauritania had not ratified Convention No. 100, which had been adopted in 1951, until 2001. For member States, two obligations resulted from the ratification of this Convention: firstly, to promote and ensure equal remuneration for men and women workers for work of equal value; and, secondly, to encourage the objective appraisal of jobs. Convention No. 100 echoed the ILO Constitution of 1919, which already called for the rapid improvement of the conditions of employment, especially through its recognition of the principle of equal remuneration for work of equal value. After studying the report of the Committee of Experts and the observations formulated both by ITUC and Mauritanian trade union organizations, one was forced to observe that the aim of equal remuneration for men and women was still far from being achieved.

The CGTM had observed that, on average, the income of women was 60 per cent less than that of men. The typical reply to such criticism was that women worked in different professions and exercised different functions and that the situations were therefore not comparable. Without denying that this could be partly true, it had to be stated that, for a number of reasons, Mauritanian women did not have sufficient access to better employment that met with better remuneration. Those reasons were a lower school enrolment rate; a school record, which did not correspond to the actual or future demand of the labour market; cultural or religious inhibitions and hesitations; an absence of women from better-paid professions in the commercial sector and the absence of nursery schools and other facilities for the day care of children. These factors still represented only one aspect of the truth since, even if holding similar positions, women were often less remunerated than men. According to the Global Gender Gap Report published by the World Economic Forum in 2008, for similar work, women in Mauritania earned 35 per cent less than men – a percentage identical to the one indicated in the same report of 2006. This gap was also mentioned in the report “Gender equality at the heart of decent work” which would be submitted to this session of the Conference, and, which indicated that in 2005, women had a yearly income of US$1,489 while men annually earned US$2,996, thus a ratio of 1 to 2. Furthermore, the part of Mauritania’s female population living under the poverty line, often employed in the informal economy, by far exceeded that of the male population.

It was, however, not only a question of regulation: it was not sufficient to lay down general principles of equality and non-discrimination in laws. Even the best anti-discriminatory laws also needed effective action ensuring their implementation. Key elements in this respect were an education policy and a policy in relation to the labour market aimed at enabling women to find decent work; a control policy safeguarding the application of the principle of equality; a follow-up to the progress achieved which should be made effective on the basis of credible statistics open to all. The importance of the last element should not be neglected. Finally, to really improve the situation of women, it was important to guarantee transparency and to offer tools to civil society and to the social partners, which would enable them to evaluate the situation on the ground and would serve as the objective basis for negotiations and the elaboration of implementation policies.

Favourable progress had been made between 2001 and 2008 after the ratification of Convention No. 100. In this respect, the Worker members referred to the adoption of the National Strategy for the Advancement of Women for the period 2005–08, the ratification of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, the political will demonstrated for the elimination of discrimination against women and the adoption of the necessary measures to strengthen the position of women in the labour market. This progress had also been raised by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in its report of 11 June 2007, but the report had also made a number of recommendations aimed at launching more concrete initiatives. The CEDAW had also asked the Government to undertake immediate specific measures, with an implementing mechanism to ensure that women had the same rights as men in employment, in particular a guarantee of equal pay for equal work and for work of equal value. The Committee of Experts requested that the national legislation be amended to give full expression to the principle of equal pay in both the private and the public sector.

However, since the coup of August 2008, the situation in Mauritania was completely disrupted. The wage negotiations that were in progress between workers, employers and the Government had since stalled and it was important to take this into account in the conclusions of the Committee. In fact, Article 4 of the Convention clearly stated that each member State had to cooperate with organizations of employers and workers concerned to give effect to the provisions of the Convention. It was misleading to believe that it was possible to reduce the wage gap between men and women in the labour market without real social dialogue. It was hoped that after the elections that had been deferred until 18 July 2009, the country would return as soon as possible to the constitutional order. Because it was only in such a framework and with the restoration of social dialogue that the conditions would be met to improve the situation of women in the labour market. It was clear that the follow-up to recommendations of the Committee would depend to a large extent on the political developments in the country. The Worker members expressed the hope that the political situation in Mauritania would quickly go back to normal and the Government would thus be able to implement, in collaboration with the social partners, a policy aimed at improving the position of women in the labour market, particularly through a rigorous application of the right to equal pay for equal work.

For this reason, the Worker members supported the request of the Committee of Experts relating to the adaptation of national legislation to give full expression to the principle of Convention No. 100, with the technical assistance of the Office. They asked the Government to provide reports and information necessary to follow up on this matter and to revive the wage negotiations with the representative organizations of workers and employers, with particular attention to reducing the wage gap between men and women. It was very important not to limit activities in this area to the formal economy. In fact, a large proportion of women worked in the informal sector and an appropriate policy was necessary in this field, first in order to ensure respect for equality in the informal sector and, more importantly, for the transition of women into the formal economy, which offered more protection and social guarantees for the application of labour standards.

The Employer members noted that although the observation of the Committee of Experts relating to this case was brief, it was an important case because it concerned a fundamental Convention, it related to the important principle of equal pay for work of equal value and the Committee of Experts had given it a double footnote. Moreover, it was a recent case, as Mauritania had only ratified Convention No. 100 in 2001 and the Committee of Experts had only made three comments on the application of the Convention so far. In 2005, the Committee of Experts had noted the brief first report of the Government and requested detailed information on the conditions of women in the labour market. This data was important in order to understand the pay practice of women versus men in different, similar and the same occupations. The Employer members considered the stated existing wage gap of 50 per cent enormous, especially for workers in the same occupations. Once a statistical analysis had been carried out, one had to consider what could be done to close the wage gap. The last comment of the Committee of Experts highlighted that the principle of equal remuneration for work of equal value was not clearly established in the Labour Code. It was evident that the Government needed assistance not only in relation to data collection, but also regarding the alignment of national law and practice with the provisions of Convention No. 100. This case was discussed at an early stage and the Government therefore had an opportunity to be shortly in a position to ensure full compliance with the Convention.

The Worker member of Mauritania, speaking on behalf of the ITUC, declared that the laws in Mauritania were generally satisfactory, except the provisions relating to widowhood. Indeed, the practice posed many problems. A new approach was needed that would reduce the vast wage gap that currently existed between men and women. In addition to their limited access to employment, women suffered serious discrimination in terms of internal promotion simply because they were women. He noted also the exclusions of women workers from strategic sectors of the economy such as mining, oil and processing enterprises. Discrimination upon recruitment and lack of childcare facilities in enterprises and public administrations constituted also disadvantageous factors for women workers. Social dialogue was necessary to find adequate mechanisms. This dialogue had been interrupted by the military coup his country had experienced in June 2008. The hope was revived upon the signature of the agreement between the various protagonists of the crisis, which provided for a joint administration in the transition period and free and transparent presidential elections on 18 July 2009. The speaker hoped that after this election, the Government would engage in dialogue with trade unions and employers in order to develop a policy that was in conformity with Convention No. 100, in particular by setting up a national observatory relating to discrimination and the adoption of more restrictive laws and regulations for offenders of the provisions of the Convention.

The Government representative of Mauritania recognized the difficulties facing the country regarding the sending of reliable statistical information. He acknowledged that Mauritania was going through a difficult situation. However, the Government was confident and indicated that it would soon be able to take the measures necessary to comply with the Convention.

The Employer members maintained that the Government clearly needed ILO assistance in order to report timely to the Committee of Experts on data, as well as law and practice regarding the application of Convention No. 100.

The Worker members expressed support for the Committee of Experts’ request that the national legislation be amended, in order to give full expression to the principle of the Convention. The Government had agreed to accept technical assistance from the Office and needed to provide the requested reports, as well as detailed and transparent information that would allow for a monitoring of the situation and furnish an objective basis for salary negotiations. The Government further needed to initiate a dialogue on wages with representative employers’ and workers’ organizations with a view to reducing the gender gap between women and men. The Worker members considered, finally, that appropriate measures should also be taken with respect to women in the informal economy.

Conclusions

The Committee noted the statement of the Government representative and the discussion that followed. The Committee observed that the Committee of Experts had referred to the significant gender segregation of the labour market and the very considerable remuneration gap between men and women, attaining on average 60 per cent. The Committee of Experts had also drawn attention to the provisions of the Labour Code and Act No. 93-03 on the public service and the need to ensure that full legislative expression was given to the principle of equal remuneration for men and women for work of equal value set out in the Convention.

The Committee took note of the information provided by the Government concerning the representation of women in the labour market, including in state institutions and in high-level posts in the civil service. It also noted the Government’s commitment to bringing the legislation into conformity with the Convention and its request for technical assistance in this regard.

The Committee stressed the important role of employers’ and workers’ organizations in giving effect to the Convention, set out in Article 4. In this context, the Committee urged the Government to reinstate genuine social dialogue in the country, including on the issue of ensuring equal remuneration for men and women for work of equal value and decreasing the wage gap.

The Committee urged the Government to amend its national legislation so as to ensure that full expression was given to the principle of the Convention, in both the public and private sectors. The Committee also urged the Government to examine the causes of the very high remuneration gap that existed between men and women in the country, and to take the necessary measures, including through a broader range of opportunities for education and training, in consultation with employers’ and workers’ organizations, to reduce this gap, including in the informal economy, and to increase women’s opportunities to access a wider range of jobs and occupations, including those with higher levels of remuneration.

While noting the information provided by the Government regarding the increased representation of women in posts of responsibility, the Committee considered that substantial efforts were necessary to significantly reduce, in an effective and verifiable manner, the existing remuneration gap between men and women. In this context, the Committee noted the ongoing efforts regarding the development of a labour market information system, and stressed the importance of the collection and analysis of detailed statistical data on the distribution of men and women in the various economic sectors, jobs and occupations and their corresponding levels of remuneration.

The Committee requested that, once a climate conducive to social dialogue was re-established, ILO technical assistance be provided regarding data collection and analysis and to assist the Government, in collaboration with the social partners, to bring its law and practice fully into line with the Convention. The Committee requested the Government to provide full information to the Committee of Experts in its report when it was next due on all the matters raised by the Committee.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM), received on 29 August 2023. The Committee requests the Government to provide its comments in this respect.

Article 3 of the Convention. Objective job evaluation. Undervaluation of predominantly female jobs. The Committee notes the CGTM’s indication that: (1) in economic sectors in which a majority of women work, such as fish processing industries, the jobs are very low skilled and the wages are derisory; and (2) the Government should update once again the classifications, which must principally and solely take into account skills and competencies and leave aside received ideas and perceptions in this regard so as not to undervalue jobs considered to be female in relation to those performed by men. The Government indicates that: (1) with regard to the criteria and method used to classify jobs, it should be emphasized that the criteria take into consideration the skills and tasks to be performed; and (2) as a consequence, workers are always classified in categories and scales determined by the classifications contained in the agreements appended to the general collective labour agreement (CCGT). The Committee recalls that determining whether jobs are of equal “value” presupposes measuring and comparing the relative value of the jobs, generally through the objective evaluation of jobs. The Committee requests the Government to take the necessary measures to examine these classifications in light of the principle set out in the Convention, and particularly the manner in which remuneration rates have been set for jobs or sectors in which women are in the majority, on the one hand, and for those in which men are in the majority, on the other. It also requests the Government to: (i) promote the use by the social partners of objective methods for the evaluation of jobs based on objective and non-discriminatory criteria such as skills, effort, responsibilities and conditions of work; and (ii) to undertake, in collaboration with the social partners, activities to raise awareness of the principle of “equal remuneration for work of equal value” and the importance of using objective job evaluation methods. The Government is also requested to examine the possibility of reviewing job classifications in the public service using an objective job evaluation method so as to ensure that these classifications and remuneration scales are exempt from any sexist prejudice and that work performed mainly by women is not undervalued, and therefore underpaid.

Awareness-raising measures and enforcement. The Committee notes the Government’s indication that labour inspectors regularly carry out awareness-raising campaigns and, where appropriate, penalize any failure by employers to give effect to clause 37 of the CCGT and section 191 of the Labour Code in this regard. In the absence of legal provisions reflecting the principle of the Convention, the Committee encourages the Government to develop training and awareness-raising activities concerning the principle of equal remuneration for men and women for work of equal value for labour inspectors, magistrates, workers, employers and their respective organizations. The Government is requested to provide information on the measures taken in this regard.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM), received on 29 August 2023. The Committee requests the Government to provide its comments in this respect.

Articles 1 to 4 of the Convention. Evaluating and eliminating remuneration gaps and their underlying causes. The Committee recalls that the CGTM referred in its previous observations to the existence of significant differences in the remuneration of women and men for jobs of the same “value”, including disparities of treatment of around 30 per cent between the wages of men and women, with the latter being deprived of various other benefits related to their functions. The Committee notes the Government’s indication in its report that it will take the necessary measures to collect and analyse data on the wages of men and women to demonstrate the non-existence of remuneration gaps between men and women and accordingly bring an end to this unjustified debate. As it does not have at its disposal recent statistics which would enable it to assess the remuneration gaps between men and women, the Committee therefore requests the Government to take the necessary measures to gather and analyse data on the wages of men and women by economic sector, if possible and, depending on the results that emerge, invites it to engage in an examination of the causes of any remuneration gap between men and women with a view to developing appropriate measures to remedy it.

Articles 1(b) and 2(a) and (c). Principle of equal remuneration for work of equal value. Legislation and collective agreements. The Committee once again recalls that neither the Labour Code nor Act No. 93-09 of 18 January 1993 issuing the general regulations of public servants and contractual agents of the State, nor the general collective labour agreement (CCGT) of 1974, reflect the principle of equal remuneration for men and women for work of equal value laid down in the Convention. It notes with regret that the Government has confined itself to reiterating the information provided previously to the effect that it is planned to reform the Labour Code and the CCGT and to take the necessary measures to amend section 191 of the Labour Code and clause 37 of the CCGT, as well as Act No. 93-09 of 18 January 1993, as amended, so that they set out more fully the principle of equal remuneration for men and women for work of equal “value”. Emphasizing once again that the Convention requires the implementation of the principle of equal remuneration for men and women for work of equal value, the Committee once again requests the Government to take the necessary measures to incorporate this principle into the labour legislation within the context of the announced reform of the Labour Code and the CCGT and the envisaged amendments to Act No. 93-09 of 18 January 1993. The Committee requests the Government to provide information on the measures taken for this purpose.

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

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

Article 3 of the Convention. Objective job evaluation. Undervaluation of predominantly female jobs. With regard to the classification of jobs, the Committee notes the Government’s indication that first the tasks performed are taken into account, followed by skills. Regarding the importance of evaluating jobs based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions, in order to compare them, the Committee recalls that these views and attitudes tend to result in the undervaluation of “female jobs” in comparison with those of men who perform different work and use different skills, when determining wage rates (see the General Survey of 2012, paragraph 697 et seq.). In order to apply the principle of equal remuneration for work of equal value, sets out by the Convention, the Committee requests the Government to examine the job categories in the light of this principle, in particular the way in which the wage rates have been determined for jobs occupied mainly by women and mainly by men. The Committee also requests the Government to provide information on the method and criteria used by the joint committee under clause 35 of the general collective labour agreement (CCGT) to determine the minimum wage for each category of workers.

Awareness-raising measures and enforcement. The Committee notes the Government’s indication that an awareness-raising campaign will be launched among employers and workers concerning the principle of equal pay for work of equal value. With regard to training for labour inspectors, the Committee notes that the report is silent on this matter. The Committee emphasizes that the most important objective of any initiative to promote wage equality, or more generally equality of opportunity in employment, is to ensure that employers and workers are properly informed about the legislative provisions and/or governmental policies in this area. The measures used to achieve this objective are various and can range from the dissemination of information by trade unions and women’s organizations, to posting the legislation in each workplace, when seminars are held with employers’ and workers’ organizations and during information and publicity campaigns. The Committee requests the Government to provide detailed information on any campaigns or awareness-raising measures aimed at publicizing and explaining the principle of the Convention, specifying in particular the range of measures carried out, the target audience and any obstacles met. Recalling also the importance of training labour inspectors to combat wage disparities between men and women, the Committee once again requests the Government to take the necessary measures to build their capacity in this area to enable them to identify and put an end to these gaps, and to provide information on the measures taken to this end.

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

The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM), received on 28 August 2019, and the observations of the Free Confederation of Workers of Mauritania (CLTM), received on 12 June 2019. It also notes the Government’s reply to the two organizations’ observations, received on 21 October 2019.

Articles 1 and 2 of the Convention. Principle of equal remuneration for work of equal value. Legislation and collective agreements. The Committee recalls that neither the Labour Code, nor Act No. 93-09 of 18 January 1993 issuing the general regulations of public servants and contractual agents of the State, nor the general collective labour agreement (CCGT) of 1974 reflect the principle of equal remuneration between men and women for work of equal value laid down by the Convention. The Committee notes that, in its report and its reply to the observations of the CGTM and the CLTM, the Government once again refers to the current reform of the Labour Code and the CCGT of 1974, and indicates that it will take the measures necessary to amend them to ensure the provisions therein clearly reflect the principle of the Convention. It adds that measures will also be taken to this end to amend the general regulations of public servants. Emphasizing that the Convention requires the implementation of the principle of equal remuneration between men and women for work of equal value, the Committee requests the Government to take the necessary measures to incorporate this principle into the labour legislation, within the context of the announced reform of the Labour Code and the CCGT, and the envisaged amendments to Act No. 93-09 of 18 January 1993. The Committee requests the Government to provide information on the measures taken to this end.

Application of the Convention in practice. The Committee notes the observations of the CGTM according to which, in practice, there are significant differences between men and women in relation to remuneration for jobs of equal value. According to the organization, employers ensure that women do not attain certain highly skilled posts and, even if women do reach them, they are not treated in the same way as their male peers. The CGTM alleges that there are inequalities of treatment, including a 30 per cent wage gap between men and women and that women are deprived of several other advantages related to their functions. The Committee also notes the observations of the CLTM in which it states that, in the formal sector, there is no discrimination regarding remuneration of men and women for posts with the same vocational training and in the same occupational category. The CLTM states that discrimination is mainly found in relation to positions of responsibility or internal promotion, which benefit men more than women. The Committee once again recalls that, appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraphs 887–891). The Committee notes that the Government limits itself to indicating that it will take the necessary measures to collect and analyse data on the general policy concerning wages in the country to redress, where necessary, any disparities that may exist within certain activity sectors. Therefore, the Committee reiterates its previous request to take the necessary steps to collect and analyse data on wages for men and women and invites the Government to undertake an examination of the causes of the gender remuneration gap in order to devise appropriate remedial measures. The Committee also requests the Government to respond to the observations of the CGTM in this regard.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 3 of the Convention. Objective job evaluation. With regard to the classification of jobs, the Committee recalls that, under section 35 of the general collective labour agreement (CCGT) of 13 February 1974, “the classification of workers by category is determined according to the tasks that they perform”, but the criteria used for undertaking such classification and fixing minimum wages for each category of worker are not specified. The Committee therefore requests the Government to specify the criteria and the means of evaluation used to classify jobs on the basis of the work involved. The Committee also requests the Government to provide information on any appeals examined by the Classification Board, under section 36 of the CCGT, and the outcome thereof.

Enforcement. Labour inspection. In its previous comments, the Committee emphasized the fact that the mere verification of payslips mentioned by the Government does not enable labour inspectors to compare the remuneration paid to men and women for work of equal value or, to detect any cases of gender wage discrimination. Recalling that it is important for labour inspectors to receive adequate training in order to ensure the effective implementation of the principle established by the Convention, the Committee requests the Government to take the necessary steps to strengthen the capacities of labour inspectors in order to raise awareness among employers and workers regarding the principle of equal remuneration for work of equal value and to identify and put an end to gender wage discrimination. The Committee requests the Government to report on the steps taken and any impact in the practical application of the Convention.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations from the General Confederation of Workers of Mauritania (CGTM) which were received on 31 August 2018. It requests the Government to provide its comments thereon.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM), dated 28 August 2015 and 30 August 2016, which highlight the existence in practice of significant gender discrimination in remuneration in relation to jobs of the same value. The CGTM also indicates that employers obstruct access for women to certain senior executive posts and points out that if women do reach that level, they do not receive the same treatment, they are paid a salary approximately 30 per cent lower than that of men, and they do not enjoy the same benefits linked to the posts that they occupy. The Committee notes that the Government, in its communication of 7 October 2015, rejects the CGTM’s allegations and states that there is no gender wage discrimination.

Articles 1 and 2 of the Convention. Application of the principle. Legislation and collective agreements. In June 2009, the Conference Committee on the Application of Standards urged the Government to amend the Labour Code and Act No. 93-09 of 18 January 1993 issuing the general regulations for officials and contract employees of the State, in order to give full expression to the principle of equal remuneration for men and women for work of equal value in both the public and private sectors. Section 191 of the Labour Code provides that “under equal conditions of work, vocational qualification and output, wages shall be equal for all workers regardless of their origin, sex, age or status”, which is more restrictive than the principle established by the Convention. The general collective labour agreement (CCGT) of 1974 refers to “equal conditions of work and output” (section 37) and Act No. 93-09 does not contain any provisions on equal pay. The Committee draws the Government’s attention to paragraphs 672–681 of its 2012 General Survey on the fundamental Conventions, in which it explains the importance and the scope of the concept of “work of equal value” for enabling a comparison of different jobs since, because of historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, women and men do not occupy the same jobs. The Committee recalls that, in determining the respective values of two jobs under comparison, factors such as working conditions and vocational qualifications are relevant but it is not necessary for each factor to be equal in value as it is the overall value of the job that counts, namely when all the combined factors are taken into account. In addition, experience has shown that insistence on factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men. The Committee recalls that, when there are discriminatory provisions in collective agreements, governments should take the necessary steps, in cooperation with the social partners, to ensure that provisions of collective agreements observe the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey, paragraph 694). The Committee notes the Government’s indication in its report that it has asked the social partners to communicate their views on the future revision of the Labour Code and the general collective labour agreement (CCGT) in order to align these instruments to international labour standards. Highlighting once again the importance of the concept of “work of equal value” and in view of the persistent pay gap, the Committee trusts that the Government, in the context of the announced revision of the Labour Code and the CCGT, will soon take the necessary steps to amend section 191 of the Labour Code and section 37 of the CCGT and also Act No. 93-09 of 18 January 1993 so that they expressly establish the principle of equal remuneration for men and women for work of equal value.

Application of the Convention in practice. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration between men and women, to set priorities and design appropriate measures, and to monitor and evaluate the impact of such measures and make any necessary adjustments (see 2012 General Survey, paragraphs 887–891). Referring to the conclusions formulated by the Conference Committee in June 2009 and in view of the lack of information on this subject, the Committee requests the Government to take the necessary steps to collect and analyse data on wages for men and women and invites it to undertake an examination of the causes of the gender remuneration gap in order to devise appropriate remedial measures.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3 of the Convention. Objective job evaluation. With regard to the classification of jobs, the Committee recalls that, under section 35 of the general collective labour agreement (CCGT) of 13 February 1974, “the classification of workers by category is determined according to the tasks that they perform”, but the criteria used for undertaking such classification and fixing minimum wages for each category of worker are not specified. The Committee therefore requests the Government to specify the criteria and the means of evaluation used to classify jobs on the basis of the work involved. The Committee also requests the Government to provide information on any appeals examined by the Classification Board, under section 36 of the CCGT, and the outcome thereof.

Enforcement. Labour inspection. In its previous comments, the Committee emphasized the fact that the mere verification of payslips mentioned by the Government does not enable labour inspectors to compare the remuneration paid to men and women for work of equal value or, to detect any cases of gender wage discrimination. Recalling that it is important for labour inspectors to receive adequate training in order to ensure the effective implementation of the principle established by the Convention, the Committee requests the Government to take the necessary steps to strengthen the capacities of labour inspectors in order to raise awareness among employers and workers regarding the principle of equal remuneration for work of equal value and to identify and put an end to gender wage discrimination. The Committee requests the Government to report on the steps taken and any impact in the practical application of the Convention.

[The Government is asked to reply in full to the comments in 2018.]

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM), dated 28 August 2015 and 30 August 2016, which highlight the existence in practice of significant gender discrimination in remuneration in relation to jobs of the same value. The CGTM also indicates that employers obstruct access for women to certain senior executive posts and points out that if women do reach that level, they do not receive the same treatment, they are paid a salary approximately 30 per cent lower than that of men, and they do not enjoy the same benefits linked to the posts that they occupy. The Committee notes that the Government, in its communication of 7 October 2015, rejects the CGTM’s allegations and states that there is no gender wage discrimination.

Articles 1 and 2 of the Convention. Application of the principle. Legislation and collective agreements. In June 2009, the Conference Committee on the Application of Standards urged the Government to amend the Labour Code and Act No. 93-09 of 18 January 1993 issuing the general regulations for officials and contract employees of the State, in order to give full expression to the principle of equal remuneration for men and women for work of equal value in both the public and private sectors. Section 191 of the Labour Code provides that “under equal conditions of work, vocational qualification and output, wages shall be equal for all workers regardless of their origin, sex, age or status”, which is more restrictive than the principle established by the Convention. The general collective labour agreement (CCGT) of 1974 refers to “equal conditions of work and output” (section 37) and Act No. 93-09 does not contain any provisions on equal pay. The Committee draws the Government’s attention to paragraphs 672–681 of its 2012 General Survey on the fundamental Conventions, in which it explains the importance and the scope of the concept of “work of equal value” for enabling a comparison of different jobs since, because of historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, women and men do not occupy the same jobs. The Committee recalls that, in determining the respective values of two jobs under comparison, factors such as working conditions and vocational qualifications are relevant but it is not necessary for each factor to be equal in value as it is the overall value of the job that counts, namely when all the combined factors are taken into account. In addition, experience has shown that insistence on factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men. The Committee recalls that, when there are discriminatory provisions in collective agreements, governments should take the necessary steps, in cooperation with the social partners, to ensure that provisions of collective agreements observe the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey, paragraph 694). The Committee notes the Government’s indication in its report that it has asked the social partners to communicate their views on the future revision of the Labour Code and the general collective labour agreement (CCGT) in order to align these instruments to international labour standards. Highlighting once again the importance of the concept of “work of equal value” and in view of the persistent pay gap, the Committee trusts that the Government, in the context of the announced revision of the Labour Code and the CCGT, will soon take the necessary steps to amend section 191 of the Labour Code and section 37 of the CCGT and also Act No. 93-09 of 18 January 1993 so that they expressly establish the principle of equal remuneration for men and women for work of equal value.

Application of the Convention in practice. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration between men and women, to set priorities and design appropriate measures, and to monitor and evaluate the impact of such measures and make any necessary adjustments (see 2012 General Survey, paragraphs 887–891). Referring to the conclusions formulated by the Conference Committee in June 2009 and in view of the lack of information on this subject, the Committee requests the Government to take the necessary steps to collect and analyse data on wages for men and women and invites it to undertake an examination of the causes of the gender remuneration gap in order to devise appropriate remedial measures.

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

[The Government is asked to reply in full to the present comments in 2018.]

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

The Committee notes the observations on 31 August 2014 by the Free Confederation of Mauritanian Workers (CLTM) and the reply from the Government received on 13 October 2014.

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 98th Session, June 2009)

Article 2 of the Convention. Application of the principle. Legislation and collective agreements. The Committee takes note of the discussion held in June 2009 in the Conference Committee on the Application of Standards and the conclusions of the Conference Committee. It notes in particular that the Conference Committee had urged the Government to amend the Labour Code and Act No. 93-09 of 18 January 1993 on public officials so as to give full expression to the principle of equal remuneration for men and women for work of equal value, in both the private and public sectors. In its conclusions, the Conference Committee had urged the Government to examine the causes of the very high remuneration gap that existed between men and women in the country, and to take the necessary measures, including through a broader range of opportunities for education and training, in consultation with employers’ and workers’ organizations, to reduce this gap, including in the informal economy, and to increase women’s opportunities to access a wider range of jobs and occupations, including those with higher levels of remuneration. Finally, the Conference Committee had stressed the importance of reinstating social dialogue between the workers’ and employers’ organizations to give effect to the Convention.

In its previous observation, the Committee had taken note of the comments made in 2008 by the General Confederation of Workers of Mauritania (CGTM), which had emphasized the marginalization still suffered by women in Mauritania, pointing out that their wages were on average 60 per cent lower than those of men. The Government states that the revision of the Labour Code is ongoing and that the Committee’s concerns will be taken into consideration during this process. The Government has also decided to put in place a permanent consultation and social dialogue framework and to take the necessary steps to improve the social partners’ understanding of the principle of the Convention so that it might be fully reflected in collective agreements. In this respect, the Committee notes that the Government requests the Office’s assistance in training the social partners on the principle of equal remuneration for men and women workers for work of equal value.

While noting the Government’s commitments and its request for technical assistance, the Committee urges the Government to take the necessary measures, as soon as possible and in collaboration with the social partners, to amend the Labour Code and Act No. 93-09 of 18 January 1993 on public officials to ensure that both these pieces of legislation reflect the principle of equal remuneration for men and women for work of equal value, a principle that extends beyond the principle of “equal pay for equal work”. The Committee asks the Government to provide specific information on legislative developments in this area. It also asks the Government to specify whether the social partners envisage revising clause 37 of the general collective labour agreement of 13 February 1974, which also confines the application of the principle of equal remuneration to equal work.

Application of the Convention in practice. Noting that the Government’s report does not give any information on this point, the Committee, referring to the conclusions of the Conference Committee in this respect, asks the Government to undertake an examination of the causes of the wage discrepancy between men and women with a view to taking the necessary steps to remedy the situation.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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 3 of the Convention. Objective job evaluation. The Committee recalls that clause 35 of the general collective labour agreement 13 February 1974 envisages the classification of workers’ jobs into categories on the basis of work that they perform, without specifying the criteria used to make this classification. In its previous comments, the Committee had asked the Government to provide information on the criteria used in practice to classify jobs into the various wage categories on the basis of the work involved. The Committee notes that the Government has merely pointed out that the criteria used in practice to classify jobs is not discriminatory, since they are in accordance with the legal provisions and regulations in force. The Committee therefore asks the Government to stipulate the criteria to assess jobs determined by the legislation and to provide information on the means of assessment used to classify jobs on the basis of the work involved. The Government is also asked to provide information on any appeals examined by the Classification Commission, under clause 36 of the general collective labour agreement.

Enforcement. The Committee notes the Government’s statement that the labour inspector ensures compliance with the principle of equal remuneration by verifying that a payslip certified by the employer exists. It would nevertheless like to point out that, although this measure allows the labour inspector to ascertain that a worker has indeed been paid his or her wage, it does not allow the inspector to compare the remuneration paid to men and women for work of equal value or, consequently, to detect any case of wage discrimination. The Committee asks the Government to provide information on the measures taken to enhance the capacity of labour inspectors to identify unequal wages and wage discrimination between women and men.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 98th Session, June 2009)

Article 2 of the Convention. Application of the principle. Legislation and collective agreements. The Committee takes note of the discussion held in June 2009 in the Conference Committee on the Application of Standards and the conclusions of the Conference Committee. It notes in particular that the Conference Committee had urged the Government to amend the Labour Code and Act No. 93-09 of 18 January 1993 on the public service so as to give full expression to the principle of equal remuneration for men and women for work of equal value, in both the private and public sectors. In its conclusions, the Conference Committee had urged the Government to examine the causes of the very high remuneration gap that existed between men and women in the country, and to take the necessary measures, including through a broader range of opportunities for education and training, in consultation with employers’ and workers’ organizations, to reduce this gap, including in the informal economy, and to increase women’s opportunities to access a wider range of jobs and occupations, including those with higher levels of remuneration. Finally, the Conference Committee had stressed the importance of reinstating social dialogue between the workers’ and employers’ organizations to give effect to the Convention.

In its previous observation, the Committee had taken note of the comments made in 2008 by the General Confederation of Workers of Mauritania (CGTM), which had emphasized the marginalization still suffered by women in Mauritania, pointing out that their wages were on average 60 per cent lower than those of men. The Government states that the revision of the Labour Code is ongoing and that the Committee’s concerns will be taken into consideration during this process. The Government has also decided to put in place a permanent consultation and social dialogue framework and to take the necessary steps to improve the social partners’ understanding of the principle of the Convention so that it might be fully reflected in collective agreements. In this respect, the Committee notes that the Government requests the Office’s assistance in training the social partners on the principle of equal remuneration for men and women workers for work of equal value.

While noting the Government’s commitments and its request for technical assistance, the Committee urges the Government to take the necessary measures, as soon as possible and in collaboration with the social partners, to amend the Labour Code and Act No. 93-09 of 18 January 1993 on public officials to ensure that both these pieces of legislation reflect the principle of equal remuneration for men and women for work of equal value, a principle that extends beyond the principle of “equal pay for equal work”. The Committee asks the Government to provide specific information on legislative developments in this area. It also asks the Government to specify whether the social partners envisage revising clause 37 of the general collective labour agreement of 13 February 1974, which also confines the application of the principle of equal remuneration to equal work.

Application of the Convention in practice. Noting that the Government’s report does not give any information on this point, the Committee, referring to the conclusions of the Conference Committee in this respect, asks the Government to undertake an examination of the causes of the wage discrepancy between men and women with a view to taking the necessary steps to remedy the situation.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 3 of the Convention. Objective job evaluation. The Committee recalls that clause 35 of the general collective labour agreement 13 February 1974 envisages the classification of workers’ jobs into categories on the basis of work that they perform, without specifying the criteria used to make this classification. In its previous comments, the Committee had asked the Government to provide information on the criteria used in practice to classify jobs into the various wage categories on the basis of the work involved. The Committee notes that the Government has merely pointed out that the criteria used in practice to classify jobs is not discriminatory, since they are in accordance with the legal provisions and regulations in force. The Committee therefore asks the Government to stipulate the criteria to assess jobs determined by the legislation and to provide information on the means of assessment used to classify jobs on the basis of the work involved. The Government is also asked to provide information on any appeals examined by the Classification Commission, under clause 36 of the general collective labour agreement.

Enforcement. The Committee notes the Government’s statement that the labour inspector ensures compliance with the principle of equal remuneration by verifying that a payslip certified by the employer exists. It would nevertheless like to point out that, although this measure allows the labour inspector to ascertain that a worker has indeed been paid his or her wage, it does not allow the inspector to compare the remuneration paid to men and women for work of equal value or, consequently, to detect any case of wage discrimination. The Committee asks the Government to provide information on the measures taken to enhance the capacity of labour inspectors to identify unequal wages and wage discrimination between women and men.

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

Article 2 of the Convention. Application of the principle. Legislation and collective agreements. Follow-up to the conclusions of the Conference Committee on the Application of Standards (International Labour Conference, 98th Session, June 2009). The Committee takes note of the discussion held in June 2009 in the Conference Committee on the Application of Standards and the conclusions of the Conference Committee. It notes in particular that the Conference Committee had urged the Government to amend the Labour Code and Act No. 93-09 of 18 January 1993 on the public service so as to give full expression to the principle of equal remuneration for men and women for work of equal value, in both the private and public sectors. In its conclusions, the Conference Committee had urged the Government to examine the causes of the very high remuneration gap that existed between men and women in the country, and to take the necessary measures, including through a broader range of opportunities for education and training, in consultation with employers’ and workers’ organizations, to reduce this gap, including in the informal economy, and to increase women’s opportunities to access a wider range of jobs and occupations, including those with higher levels of remuneration. Finally, the Conference Committee had stressed the importance of reinstating social dialogue between the workers’ and employers’ organizations to give effect to the Convention.

In its previous observation, the Committee had taken note of the comments made in 2008 by the General Confederation of Workers of Mauritania (CGTM), which had emphasized the marginalization still suffered by women in Mauritania, pointing out that their wages were on average 60 per cent lower than those of men. The Government states that the revision of the Labour Code is ongoing and that the Committee’s concerns will be taken into consideration during this process. The Government has also decided to put in place a permanent consultation and social dialogue framework and to take the necessary steps to improve the social partners’ understanding of the principle of the Convention so that it might be fully reflected in collective agreements. In this respect, the Committee notes that the Government requests the Office’s assistance in training the social partners on the principle of equal remuneration for men and women workers for work of equal value.

While noting the Government’s commitments and its request for technical assistance, the Committee urges the Government to take the necessary measures, as soon as possible and in collaboration with the social partners, to amend the Labour Code and Act No. 93-09 of 18 January 1993 on public officials to ensure that both these pieces of legislation reflect the principle of equal remuneration for men and women for work of equal value, a principle that extends beyond the principle of “equal pay for equal work”. The Committee asks the Government to provide specific information on legislative developments in this area. It also asks the Government to specify whether the social partners envisage revising clause 37 of the general collective labour agreement of 13 February 1974, which also confines the application of the principle of equal remuneration to equal work.

Application of the Convention in practice. Noting that the Government’s report does not give any information on this point, the Committee, referring to the conclusions of the Conference Committee in this respect, asks the Government to undertake an examination of the causes of the wage discrepancy between men and women with a view to taking the necessary steps to remedy the situation.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Determination of wages. Collective agreement. The Committee notes that under clause 35 of the general collective labour agreement of 13 February 1973, a copy of which was attached to the Government’s report, workers are classified into a number of categories and scales with a view to the determination of wages. In particular, the Committee notes that the classification into categories is determined on the basis of the work performed by workers in their employment. Nevertheless, the Committee notes that clause 37 of the collective agreement confines the application of the principle of equal remuneration to equal work. The Convention also requires that comparisons are made between work of a completely different nature performed by men and women so as to verify whether such work is nevertheless of equal value and must therefore be remunerated equally. In this respect, the Committee wishes to emphasize the importance of carrying out such a comparison, as traditional conceptions of the role of women in society have contributed to the confinement of women into certain occupations which are often undervalued in relation to the occupations exercised by men in terms of determining the respective remuneration rates. The Committee asks the Government to take appropriate measures to improve understanding among the social partners of the principle established by the Convention so that they can ensure that the principle is fully reflected in collective agreements. Please also provide information on the measures adopted for this purpose and on their impact on the promotion of compliance with the principle of equal remuneration for work of equal value in the context of bargaining and the implementation of collective agreements.

Article 3. Objective job evaluation. With regard to clause 36 of the general collective labour agreement, which provides for means of evaluating and objectively comparing the respective value of jobs, the Committee notes the appeals procedure to the Classification Commission, which is regulated by this clause and allows workers to challenge the classification of their jobs. The Committee also recalls that clause 35 envisages the classification into categories on the basis of the work that is performed by workers. However, the Committee notes that no reference is made to the criteria used to make this classification. The Committee asks the Government to provide information on the criteria used in practice to classify jobs into the various wage categories on the basis of the work involved. The Committee also asks the Government to indicate the measures adopted to ensure that these criteria are not discriminatory. Furthermore, the Committee encourages the Government to provide information on the issues relating to job classification that are brought to the attention of the Classification Commission and the decisions handed down.

Parts III to V of the report form. With regard to the methods used by the labour inspectorate to monitor the application of the principle established by the Convention, the Committee notes that no information has been provided in reply to its last direct request. The Committee once again asks the Government to indicate the methods used by the labour inspectorate to determine whether the principle of equal remuneration is respected in workplaces. The Committee also hopes that the Government will be in a position to provide information in its next report on any violations reported by the labour inspection services, the solutions adopted and the penalties imposed, as well as on any judicial or administrative decisions handed down in relation to the application of the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report and the communication from the International Trade Union Confederation (ITUC) dated 30 September 2008 containing observations made by the General Confederation of Workers of Mauritania (CGTM) concerning the application of the Convention. In its observations, the CGTM emphasizes the marginalization still suffered by women in Mauritania. In particular, the CGTM observes that the overall activity rate for women has not changed significantly for around 20 years (27.7 per cent in 2000, compared with 25.3 per cent in 1988), and that they are still broadly concentrated in certain types of jobs, namely agriculture (48.6 per cent), general administration (14 per cent), commerce (13 per cent) and health and education (10 per cent). The CGTM adds that women’s wages are on average 60 per cent lower than those of men. The Committee notes that no comment by the Government has been received in reply to these observations. The Committee also notes that in its concluding comments, the Committee on the Elimination of Discrimination against Women (CEDAW) observed that, while the legislation guarantees gender equality, there is in practice considerable discrimination against women in the labour market (see CEDAW/C/MRT/CO/1, 11 June 2007, paragraph 37). The Committee asks the Government to provide detailed information on the conditions of women in the labour market in Mauritania, including statistical data on the wage levels of women and men, disaggregated by economic sector, occupation and job. The Committee also asks the Government to indicate the measures adopted or envisaged to reduce the existing gap between the remuneration of men and women, including information on any relevant measures that have been taken in this respect in the context of the National Strategy for the Promotion of Women (2005–08) and their impact.

Article 1(b) of the Convention. Equal remuneration for work of equal value. In its previous comments, the Committee emphasized that an examination of the provisions of the Labour Code, and particularly section 191, and Act No. 93-09 on the public service, did not clearly establish whether the principle set out in the Convention was fully reproduced in the national legislation, which could give rise to misinterpretations in practice. In this respect, the Committee notes that the Government would like to receive the Office’s technical assistance in the form of specific training on the concept of “work of equal value” and on how to apply it correctly in practice. Referring the Government to its 2006 general observation on the Convention, the Committee draws the Government’s attention to the importance of amending the national legislation so that it gives full expression to the principle of equal remuneration for work of equal value. This is all the more important because the labour market in Mauritania is characterized by significant gender segregation and a very considerable gap between the remuneration of women and men. The Committee urges the Government to amend the national legislation so as to give full expression to the principle of the Convention, in both the private and public sectors. The Committee also encourages the Government to take the necessary measures to obtain technical assistance from the Office.

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

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

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the definition in section 224 of the Labour Code provides that the notion of salary includes the basic wage, payments incidental to a worker’s salary, leave benefits, bonuses, indemnities, allowances of any kind and damages. It appears to the Committee that this definition is in conformity with the definition of remuneration in Article 1(a) of the Convention and it asks the Government to provide information on its practical application, particularly with respect to payments made in cash or in kind.

2. Article 1(b). Equal remuneration for work of equal value. The Committee recalls that section 191 of the Labour Code states that “with equal working conditions, professional skills and output, wages are equal for all workers regardless of their origin, sex, age or status”. It also recalls that section 395 prohibits all discrimination based on sex. It notes the Government’s indication that the phrase “equal working conditions, professional skills and output” in section 191 refers, more broadly, to all work of equal value. With respect to the civil service, the Committee notes that the wages of the civil service are set according to Act No. 93-09 of 18 January 1993, and in particular section 15, which prohibits discrimination on the basis of opinion, sex and race. Apart from this provision and a similar provision in section 105 covering contractual agents of the State, Act No. 93-09 contains no specific guarantee of equal remuneration between men and women workers for work of equal value. Based on the provisions identified by the Government in the Labour Code and Act No. 93-09, it is unclear whether the principle of equal remuneration is fully enshrined in the law, leaving open the possibility for misinterpretation in practice. The Committee, therefore, urges the Government to consider giving full legislative expression in both the Labour Code and Act No. 93-09 to the principle as contained in Article 1(b) of the Convention.

3. Article 2. Determination of wages. Collective agreement. The Committee recalls that, according to section 193 of the Labour Code, wages are determined by collective agreements, by decree or by individual agreements respecting the minimum wages provided by the regulation or collective agreement in force. According to section 76 of the Code, collective agreements need to take into account the principle of non-discrimination contained in section 295, paragraph 2, of the Code. Noting that the Government’s report did not include a copy of the General Collective Labour Agreement of 13 February 1974, the Committee again asks for a copy of this and any other collective agreements currently in force.

4. Article 3. Job evaluation. The Committee notes that article 36 of the General Collective Labour Agreement provides for the means to measure and objectively compare the relative value of jobs. The Committee regrets that it does not have a copy of the collective agreement for its consideration but notes nonetheless the Government’s request for technical assistance from the Office in its effort to extend this evaluation process to the national level. The Government also indicates that article 36 provides for a tripartite classification commission presided over by the competent labour inspector including representatives from workers’ and employers’ organizations with the mandate of resolving disputes over job classifications. Recalling that measuring and comparing objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee asks the Government to provide information on the practical application of article 36 in the objective comparison of jobs and to indicate the number and outcome of cases appearing before the classification committee relating to the application of the principle of equal remuneration for men and women for work of equal value.

5. Part III of the report form. Enforcement. According to the Government, the labour inspectorate regularly supervises the application of the principle of the Convention but there are no infringements with regard to equal remuneration to report. The Committee asks the Government to provide details on the methods used by the labour inspectorate in determining whether workplaces respect the principle of equal remuneration along with information on any infractions reported or complaints submitted in this regard.

6. Part V of the report form. Practical application. Referring to its previous observation, the Committee recalls the allegations of the Free Confederation of Workers of Mauritania (CLTM) and the International Confederation of Free Trade Unions (ICFTU) that, while the law prohibits discrimination on the basis of sex and provides for equal remuneration for equal work, only a minority of women benefit from this protection. The Committee notes the Government’s reply that the CLTM and the ICFTU have not presented facts to support their allegations. The Committee emphasizes that it is equally important for the Government to provide adequate information to allow the Committee to make a full and fair assessment of the actual situation of women in the country with regard to equal remuneration. In this regard, the Committee regrets that the Government again provides little information that would allow it to properly appreciate the practical application of the Convention. The Committee, therefore, reiterates its previous request for statistical data disaggregated by sex (as described in the 1998 general observation on this Convention), legislation, reports, guidelines and other publications, and information on any measures to promote or to ensure the application of the principle of equal remuneration between men and women for work of equal value in both the public and private sectors.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s very brief first report.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee takes note of the Act 2004/017 of 6 July 2004 adopting the Labour Code. It notes the various provisions in the Code providing for a guaranteed interoccupational minimum wage (SMIG), basic minimum wages for occupations not covered by collective agreements and certain payments in kind such as housing, food and travel allowances. The Committee draws the attention of the Government to the broad definition of remuneration contained in the Convention which includes the basic wage or salary as well as any additional allowances paid in cash or in kind. Noting that the Labour Code does not define remuneration or wage, the Committee asks the Government to clarify the meaning of "wage" and "remuneration" occurring in sections 191, 193 and 196, respectively. Please also provide information on how the principle of the Convention is guaranteed in relation to both the basic wage as well as any additional emoluments paid in cash or in kind.

2. Article 1(b). Equal remuneration for work of equal value. The Committee notes that section 191 of the Labour Code provides that "with equal working conditions, professional skills and output, wages are equal for all workers regardless of their origin, sex, age or status", and that section 395 prohibits all sex-based discrimination. The Committee reminds the Government that Article 1(b) of the Convention provides for equal remuneration between men and women workers for work of equal value. Accordingly, it asks the Government to confirm that the phrase "equal working conditions, professional skill and output" in section 191 refers more broadly to all work of equal value. Noting that the Labour Code excludes from its coverage civil servants, the Committee asks Government to indicate how the Convention is applied to them.

3. Please indicate the manner in which wages are determined in the public service.

4. Article 2. Determination of wages - collective agreement. The Committee notes that according to section 193 of the Labour Code of 2004 wages are determined by collective agreements, by decree or by individual agreements respecting the minimum wages provided by the regulation or collective agreement in force. It also notes according to article 76 of the Code that collective agreements need to take into account the principle of non-discrimination contained in section 295, paragraph 2, of the Code. The Committee asks the Government to provide copies of collective agreements, including the General Collective Labour Agreement of 13 February 1974, currently in force in the private sector.

5. Article 3. Job evaluation. The Committee recalls that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, and it asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed.

6. Article 4. Cooperation with the social partners. The Committee asks the Government for information on the cooperation with employers’ and workers’ organizations for the purpose of raising awareness and improving the application of the provisions of the Convention.

7. Parts III and IV of the report form. Enforcement. The Committee notes that the labour inspectorate is charged with the supervision of the relevant laws and regulations. Please provide information, including relevant statistics on the number of inspections conducted, and on violations of the principles of the Convention discovered and remedies applied.

8. Part V. Practical application. The Committee notes that the Government provides no information on the practical application of the Convention. It asks the Government to provide such information, including (but not necessarily limited to) statistical data disaggregated by sex (as described in the 1998 general observation on this Convention), legislation, reports, guidelines and other publications, and information on any measures to promote or to ensure the application of the principle of equal remuneration between men and women for work of equal value.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s very brief first report. It also notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) dated 9 September 2002 and the Free Confederation of Workers of Mauritania (CLTM) of 17 December 2002, which had been sent to the Government for its reply thereon.

Articles 1(b) and 2 of the Convention. The Committee notes the comments by the CLTM regarding the low participation of women in certain economic sectors and in high-level education, the discriminatory practices in recruitment and the fact that the labour inspectorate is preventing workers from denouncing such practices and from engaging in legal proceedings. It also notes the allegation by both the ICFTU and the CLTM that while the Constitution prohibits discrimination based on sex and the Labour Code provides for equal remuneration for equal work, only a minority of women workers benefit from this protection. The Committee notes that most of these allegations concern issues covered by Convention No. 111 and refers to its comments made relating to the application by Mauritania of that Convention. With regard to inequalities in remuneration, the Committee asks the Government to provide a reply on this matter with its next report, which the Committee will examine along with the comments by the ICFTU and the CLTM at its next session.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes a communication by the International Federation of Free Trade Unions (ICFTU) dated 9 September 2002 concerning the application of the Convention, which has been submitted to the Government for any comments it may wish to make. The Committee has decided to take up this matter together with the Government’s first report on the application of the Convention which is due in 2004.