Texts of pending comments

Application of the Convention in practice. (i) Nursing breaks. In its previous comments, the Committee noted the observations of the General Confederation of Workers of Mauritania (CGTM) reporting the lack of facilities for nursing due to the absence of rooms for this purpose in enterprises. The Committee also noted that section 163(2) of the Labour Code of 2004 provided for the adoption of specific implementing texts on the provision of nursing rooms in certain enterprises. Noting the absence of such implementing texts, the Committee requested the Government to adopt regulatory measures to give effect in practice to the right to nurse a child. In its report, the Government indicates that consultations are being held concerning the adoption of all the implementing texts under the provisions of the Labour Code. The Committee once again requests the Government to ensure the adoption of all the necessary regulatory and other measures to guarantee the right of all women to at least two breaks of half an hour to nurse their children, as provided for in Article 3(d) of the Convention, and the exercise of this right in practice. The Committee requests the Government to keep it informed of any specific measure adopted or envisaged for this purpose.

(ii) Inspection services. In its previous comments, the Committee noted the observations of the CGTM reporting non-compliance with the Labour Code in most private enterprises due to the lack of supervision by State services and it requested the Government to provide information on the services that are competent to supervise compliance with the national legislation on maternity protection. The Committee notes the Government’s reply indicating that the labour inspectorate is the service competent for supervising compliance with the national laws and regulations respecting maternity protection, in accordance with section 376 of the Labour Code. In this regard, the Committee draws the Government’s attention to its previous comments on the application of the Labour Inspection Convention, 1947 (No. 81), in which it emphasized the importance of ensuring that the labour inspection services have the necessary financial and material resources and of reinforcing the collection and analysis of statistical and administrative data. Recalling the important role of labour inspection in the application of the Convention, the Committee requests the Government to take the necessary measures to ensure compliance by employers with the national legislation on maternity protection and to provide information on any specific measures adopted in this respect. The Committee also requests the Government to provide statistical data on the inspections carried out by labour inspectors, including the number and nature of the violations detected and the penalties imposed.

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)) and 89 (night work (women)) together.

Articles 4 and 5 of Convention No. 14. Total or partial exceptions and compensatory rest. 1. Exemptions without compensatory rest. The Committee notes that, under sections 11 and 12 of Order No. 222 of 1953, as amended by Order No. 10298 of 2 June 1965, exemptions to weekly rest may be granted without compensatory rest. The Committee requests the Government to take the measures necessary to ensure that, as far as possible, provision is made for compensatory periods of rest for the suspension or diminution of weekly rest.

2. Weekly rest in the mining sector. The Committee noted previously that mine workers are allowed to work overtime for at least two weeks and, after this period, they can benefit from a week’s rest. The Committee asked the Government to indicate the maximum period of weekly rest which may be carried over. The Government indicates in its report that section 10 of Order No. 222 of 1953 applies in this case, and provides for the granting of compensatory rest, either collectively or on the basis of rotation, over a period that cannot exceed the two weeks that precede or follow the suspension of rest. The Committee notes this information, which answers its previous direct request.

Article 3 of Convention No. 89. General prohibition of night work for women. In its previous comment, the Committee noted that sections 164–169 of the Labour Code of 2004 prohibit the employment of women for night work in factories, works, mines and quarries, worksites, workshops and any premises attached thereto, while exceptions may be granted only for work to preserve perishable material, to prevent or repair serious unexpected accidents, or with respect to women employed in health and welfare services. It also noted the Government’s statement that, as part of the modernization of its labour legislation foreseen for 2015, it planned to draw from the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-specified conditions. The Committee notes that the Government indicates in its report that there have been no developments in this connection. The Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, and violate the principle of equality of opportunity and treatment between men and women (2018 General Survey on working time instruments, paragraph 545). The Committee therefore invites the Government, when working on its labour legislation, to examine sections 164–169 of the Labour Code in light of the principle of equality of opportunity and treatment between men and women, in consultation with the social partners. Recalling that the denunciation window for the Convention is open between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

Article 3 of the Convention. Minimum wage-fixing methods and consultation of the social partners. The Committee previously noted the information provided by the Government, in particular on the role of the National Labour, Employment and Social Security Council (CNTESS) in the adjustment of minimum wage rates, and also on the social negotiations in progress with the social partners concerning an increase in the level of the guaranteed inter-occupational minimum wage (SMIG). The Committee also noted the observations received in 2017 from the Free Confederation of Mauritanian Workers (CLTM), according to which the level of the SMIG has not changed since 2011 despite the rise in consumer prices and the Government’s commitment to adjust the SMIG every two years. The Committee notes that the Government indicates once again, in its report, that it monitors the work of the CNTESS on the adjustment of minimum wage rates but without providing any details of the progress or outcome of this work. The Committee once again requests the Government to take all necessary measures to ensure that the minimum wage rate review process gives rise to tangible results and to provide detailed information on this subject, including on the work of the CNTESS in this regard.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead) and 62 (safety provisions, building) together in a single comment.

1. White Lead (Painting) Convention, 1921 (No. 13)

Application of the Convention in practice. Further to its previous comments, the Committee notes that, according to the information provided by the Government in its report, in addition to the ordinary monitoring measures carried out by the various officials responsible for the enforcement of labour legislation, the General Directorate of Labour, in collaboration with the National Social Security Fund (CNSS) and the National Office for Occupational Medicine, organizes each year a national campaign for the application of labour legislation covering all sectors and all the regions of the country. During this campaign, monitoring teams are composed of labour inspectors and controllers, CNSS inspectors and occupational physicians. The Government indicates that no cases of morbidity or mortality caused by lead poisoning have been noted or reported to the public services. The Committee also notes a copy of the list of occupational diseases provided by the Government, which includes occupational lead poisoning. The Committee requests the Government to continue providing information on the control measures adopted to ensure the effective enforcement of the legislation in this respect, and statistics on cases of morbidity and mortality caused by lead poisoning, particularly in the construction sector.

2. Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that, on the recommendation of the Tripartite Working Group of the Standards Review Mechanism (SRM), at its 334th Session (October-November 2018), the Governing Body confirmed the classification of Convention No. 62 as an outdated instrument and included an item on the agenda of the 112th Session of the International Labour Conference in 2024 for its abrogation. The Governing Body also requested the Office to follow up and encourage the ratification of the up-to-date instrument, the Safety and Health in Construction Convention, 1988 (No. 167), and to provide technical assistance to countries requiring the most support. The Committee therefore encourages the Government to give effect to the decision taken by the Governing Body at its 334th Session (October-November 2018) approving the recommendation of the SRM Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Article 6 of the Convention. Statistical information. The Committee notes the Government’s indication in response to its previous request that the measures taken to resolve the main causes of occupational accidents are the intensification of inspections of building and public works construction sites and awareness-raising through such activities as the open days organized by the Ministry of the Public Service, Labour and Administrative Modernization, where subjects related to hygiene, health and safety are covered with invited representatives from employers’ and workers’ organizations. However, the Government indicates that it is not in a position to provide reliable statistics on the number of workers employed in the construction sector due to the inconsistent levels of activity in the sector. The Committee also notes that the Government’s report does not contain information on the number and classification of accidents suffered by persons engaged in work on construction, repair, alteration, maintenance and demolition sites for all types of buildings. The Committee requests the Government to continue providing information on the measures adopted or envisaged to resolve the main causes of occupational accidents. It also requests the Government to provide information on the measures adopted or envisaged to ensure the compilation of statistics on the number of workers employed in the construction sector and on the number and nature of the accidents reported in the sector.

Articles 2 and 23 of the Convention. Labour inspection in the informal economy. The Committee previously noted that the selection of enterprises to be inspected leaves over 80 per cent of economic operators exempt from inspection, especially units in the informal economy, due to a lack of material resources and precise information on enterprises. The Committee notes the Government’s indications in its report that there is no reference to the formal or informal economy in the national labour legislation. Consequently, any private sector structure in which a worker is engaged is covered by the scope of application of the Labour Code and is liable to inspection. The Government indicates that enterprises in the informal economy which have a form of organization, such as restaurants, are subject to inspection, which may amount to one-third of the inspections carried out in a year. However, inspection visits are not sufficiently frequent due to the limited number of labour inspectors and controllers. The Committee requests the Government to provide information on any measures taken or envisaged to reinforce the capacity of the labour inspection services so as to cover all economic agents liable to inspection. It also requests the Government to continue providing information on the activities undertaken by the labour inspection services in the informal economy, including the number of inspections of informal economy enterprises compared with those of enterprises in other economic sectors.

Articles 3(1)(b), 4 and 5(a) and (b). Preventive duties of the labour inspectorate. Effective functioning of the labour inspectorate under the supervision and control of a central authority. Effective cooperation with other government services and collaboration with employers, workers and their organizations. Noting the absence of information provided by the Government on this subject, the Committee once again requests the Government to provide information on any measures taken to follow up the recommendations of the 2016 audit concerning the reinforcement of the preventive role of the labour inspectorate, the improvement of labour inspection planning to target priority issues and the strengthening of collaboration with the social partners and cooperation with other public institutions, taking into account the obligations laid out in the above Articles.

Article 7. Training of labour inspectors and controllers. The Committee notes the information provided by the Government in reply to its previous request, according to which the training of labour inspectors and controllers remains one of the priorities of the labour administration. However, the training planned for 2020 has been postponed due to the international health situation. The Committee requests the Government to continue providing information on the further training plan for labour inspectors and controllers, with an indication of the frequency and duration of training for inspectors, as well as the number of inspectors concerned.

Articles 5(a), 17 and 18. Prosecutions and penalties. Effective cooperation between the labour inspection services and the justice system. The Committee previously noted the need to improve the application of penalties, the follow up of infringement reports and cooperation with the justice system, as well as the effectiveness of the inspection system. The Government indicates that consultations are being held with a view to the adoption of regulations to ensure the follow up of infringement reports in collaboration with the justice system. The Committee requests the Government to continue providing information on the measures adopted or envisaged in this regard, and particularly on the regulations referred to above.

Articles 12(1)(a) and (b) and 18. Obstruction of labour inspectors in the performance of their duties. The Committee previously noted the difficulties faced by inspectors in gaining entry to enterprises for inspections, in relation to the ineffectiveness of the penalties applicable in the event of obstruction of the free entry of labour inspectors. The Government indicates that difficulties for labour inspection officials to enter enterprises are no longer a current issue. According to the Government, employers are increasingly aware of the powers of labour inspectors and controllers to have recourse to the civil and military authorities to provide aid and assistance, as set out in section 375 of the Labour Code. The Committee requests the Government to indicate whether employers are penalized in the event of obstruction of the free entry of inspectors, and to provide information on the number of cases of violations and the penalties imposed.

Articles 3, 6, 8, 10, 11 and 16 of the Convention. Duties, status and conditions of service of labour inspectors. Financial and material resources at the disposal of the labour inspection services and number of inspectors for the effective discharge of inspection duties. Composition by gender. The Committee previously noted that Order No. 0743 of 23 August 2017 establishing the structure and territorial competences of regional labour inspectorates separates the structures dealing with the enforcement of legislation in the social field from those responsible for resolving labour disputes. It also noted that, according to an audit of labour administration and inspection needs carried out by the ILO in 2016 (the 2016 audit), there is a real pay gap between inspection personnel and certain other government inspection services. The Committee also noted the need to reinforce the material and human resources of the inspection services and requested the Government to provide information on the measures taken in this regard. Moreover, the Committee notes that, according to the 2017 observations of the General Confederation of Workers of Mauritania (CGTM), it is necessary to ensure that the specific conditions of service of labour inspectors provide sufficient guarantees to prevent undue interference in the discharge of their duties. The Committee notes that, according to the information in the Government’s report, the number of inspectors and controllers solely responsible for the main duties is 40, composed of 23 inspectors and 17 controllers. The Government adds that 30 labour inspectors and 30 controllers are undergoing training at the National School of Administration, Journalism and Magistrates. The Government further indicates that the restructuring of regional labour inspection services has resulted in more labour inspectors and controllers having access to positions of responsibility, with the respective compensation, with a view to ensuring stability of employment. The Government is also envisaging the adoption of measures, if resources so permit, to reinforce the transport facilities necessary for the discharge of their duties, particularly for the regional labour inspection services furthest from urban centres, and to cover the maintenance and repair costs of existing vehicles so as to improve conditions. The Committee requests the Government to continue taking the necessary measures to guarantee labour inspectors and controllers conditions of service, including adequate remuneration, to ensure their employment stability and career prospects. It also requests the Government to continue providing information on the number of labour inspectors and controllers and their composition by gender, as well as on the measures taken or envisaged for the reinforcement of the financial and material resources available to the labour inspection services, including personal protection equipment and transport facilities.

Articles 19, 20 and 21. Preparation, publication and communication to the ILO of an annual inspection report. The Committee previously noted the absence of an annual inspection report and the need to reinforce the capacities of the Ministry for the collection and compilation of statistical and administrative data. In response to this request, the Government reiterates that it will take the necessary measures in this regard. Noting the continued absence of an annual inspection report, the Committee urges the Government to take the necessary measures to develop a system for the collection and compilation of data so that local inspection offices can draw up periodic reports, which can then be used by the central inspection authority to draw up an annual report, in accordance with the Convention.

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

Civil liberties. In its previous comments, the Committee noted with concern the 2017 observations of the International Trade Union Confederation (ITUC) and of the General Confederation of Workers of Mauritania (CGTM), denouncing violent repression resulting in deaths during trade union demonstrations and the systematic arrest of trade unionists during trade union demonstrations. It requested the Government to provide its comments in this respect. Regretting the absence of information in this regard in the Government’s report, the Committee urges the Government to provide its comments in response to the serious allegations above.

Article 3 of the Convention. Trade union elections. The Committee previously noted the Government’s indication that three orders relating to staff delegates and the procedures for their election, the consolidation of election results and practical procedures for the organization and operation of the National Social Dialogue Council had been adopted since 2014. The Committee requested the Government to provide copies of these orders and continue providing information on the progress achieved and on the legislative reform process that has been initiated with a view to the holding of elections. The Committee notes that the Government, in its report, reiterates that it will continue to provide information on the progress made towards the organization of workers’ representatives to determine union representativity in the public and private sectors, and will include all the organizations concerned in its consultations on the legislative reform process, but the Government does not provide a copy of the orders requested nor any specific information on the development of the situation. The Committee once again requests the Government to provide a copy of the abovementioned orders and to provide specific information on any developments relating to the legislative reform process with a view to holding the elections of workers’ representatives.

Articles 2 and 3. Legislative amendments. In its previous comments, the Committee reiterated its expression of firm hope that in the near future the Government would report tangible progress in the revision of the Labour Code with a view to bringing it fully into conformity with the Convention. In this regard, the Committee expressed hope that the Government would take due account of all the points recalled below:

– Right of workers to establish and join organizations of their own choosing without prior authorization. The Committee requests the Government to take measures to amend section 269 of the Labour Code so as to remove any obstacles that prevent the exercise of the right to organize by minors who have access to the labour market (14 years of age, in accordance with section 153 of the Labour Code), whether as workers or apprentices, without the permission of their parents or guardian being necessary.
– Right to organize of magistrates. The Committee recalls that for many years it has been requesting the Government to take measures to ensure that magistrates enjoy the right to establish and to join organizations of their own choosing, in accordance with Article 2 of the Convention. Noting the Government’s indication that magistrates now have their own organization in which they exercise their trade union rights to the full, the Committee requests the Government to indicate the legal basis that has enabled this progress.
– Right of workers’ organizations to freely elect their representatives and to organize their administration and activities in full freedom, without interference from the public authorities. The Committee recalls that the combined implementation of sections 268 and 273 of the Labour Code is liable to be an obstacle to the right of organizations to elect their representatives in full freedom, by preventing them from electing qualified persons or depriving them of the experience of certain leaders when they do not have among their own ranks sufficient numbers of competent persons. The Committee therefore requests the Government to make the conditions less rigid for eligibility as trade union leaders or officers, for example by removing the requirement to belong to the occupation for a reasonable proportion of leaders. The Committee also requests the Government to amend section 278 of the Labour Code with a view to ensuring that any change in the administration or leadership of a trade union can take effect as soon as it has been notified to the competent authorities, and without the latter’s approval being necessary.
– Compulsory arbitration. The Committee requests the Government to take measures to amend section 350 of the Labour Code to ensure that the possibility for the Minister of Labour to have recourse to compulsory arbitration in the event of a collective dispute is limited to cases involving an essential service in the strict sense of the term, that is a service the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and situations of acute national crisis.
– Duration of mediation. Recalling that the maximum duration (120 days) of a mediation procedure before a strike may be called, as set out in section 346 of the Labour Code, is excessive, the Committee requests the Government to take measures to amend this provision in order to reduce the maximum duration.
– Strike pickets. The Committee recalls that the restrictions imposed on strike pickets and the occupation of premises should be limited to cases in which the action ceases to be peaceful or in which the observance of the right to work of non-strikers or the right of the management to enter the premises of the enterprise is impaired. The Committee therefore requests the Government to take measures to amend section 359 of the Labour Code in order to abolish the prohibition of the peaceful occupation of workplaces or their immediate surroundings, and to ensure that no penal sanctions are imposed against a worker for having carried out a peaceful strike, and that in no case prison sentences are imposed, except in cases of violence against persons or property or other serious breaches of the law, in accordance with the provisions punishing such offences.

The Committee notes the Government’s indication that it will report tangible progress in the revision of the Labour Code, taking account of the comments formulated by the Committee and that two experts will review the provisions of the Code and propose implementing texts. Observing once again that it has been commenting for many years on the abovementioned issues, the Committee urges the Government to complete its revision of the Labour Code in the very near future and, recalling that it may avail itself of the technical assistance of the ILO, requests the Government to continue to report on all developments in this regard.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-trade union discrimination and interference. The Committee previously requested the Government to provide its comments in reply to the observations of the International Trade Union Confederation (ITUC) and the Free Confederation of Mauritanian Workers (CLTM), which specifically reported intimidation, pressure and interference by the Government in trade union affairs, and threats and acts of anti-union discrimination. Noting that the Government confines itself to denying the existence of any recurring intimidation or threats, the Committee recalls that the Government is responsible for taking all necessary measures to ensure that the competent authorities conduct the necessary enquiries into the alleged acts of anti-union discrimination and interference, and to take the required remedial measures without delay and apply suitable penalties if the trade union rights recognized in the Convention are found to have been impaired. The Committee requests the Government to provide information on the measures taken in this regard.

Article 4. Right to collective bargaining. In its previous comments, the Committee expressed the firm hope that the necessary measures would be taken without delay by the Government, with a view to amending sections 350–356 of the Labour Code so as to limit recourse to compulsory arbitration, in the event of a collective dispute, to essential services in the strict sense of the term. The Committee notes that the Government confines itself to reiterating that some provisions of the Labour Code will be amended, to bring them into full conformity with the Convention, by the subcommittee responsible for the legislation, which is currently pursuing its work, and that greater attention will be paid to the Articles examined by the Committee of Experts. Recalling once again that compulsory arbitration, in the context of collective bargaining, is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), to essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and to situations of acute national crisis, the Committee trusts that sections 350–356 of the Labour Code will be amended very soon, and expects the Government to provide in its next report detailed information on any specific measures taken in this regard.

Articles 4 and 6. Collective bargaining in the public sector. The Committee previously expressed the firm hope that the necessary measures would be taken without delay by the Government, with a view to adopting the Decree establishing the list of public establishments covered by section 68 of the Labour Code, which provides that, where the personnel of public services, enterprises and establishments is not governed by specific conditions of service set out in legislation or regulations, collective agreements may be concluded in accordance with the provisions applicable to simple collective agreements. The Committee notes that, in its report, the Government does not provide any information on the adoption of this Decree. Recalling once again the importance of ensuring that, in accordance with the Convention, the right to collective bargaining is effectively recognized for all public servants and employees not engaged in the administration of the State, the Committee trusts that the Decree establishing the list of public establishments covered by section 68 of the Labour Code will be adopted in the near future, and expects the Government to provide in its next report detailed information on any specific measures taken in this regard.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements. The Committee also requests the Government to provide information on the measures taken to promote the use of collective bargaining mechanisms. The Committee finally recalls that the Government can avail itself of the technical assistance of the ILO, in order to apply, in law and in practice, the provisions of the Convention in relation to collective bargaining.

Part V (Old-age benefit) of the Convention, Article 27(a); Part VI (Employment injury benefit), Article 33(a); Part VII (Family benefit), Article 41(a); Part IX (Invalidity benefit), Article 55(a); and Part X (Survivors’ benefit), Article 61(a). Scope of application. In its previous comments, the Committee requested the Government to provide information on the implementation of social security reforms, including in particular the extension of the coverage of the social security system to all regions of Mauritania in 2017.

Noting the absence of information from the Government on this point, the Committee observes that, according to the national report of the Ministry of the Economy and Industry of Mauritania on the implementation of the Istanbul Programme of Action for Least Developed Countries (LDCs) of 25 February 2020, only a small proportion of the population benefits from social protection, due to the low numbers in wage employment in the formal economy among the economically active population. In this connection, the Committee also observes that the informal economy represents 89.4 per cent of employment in Mauritania, and only 40.6 per cent of workers are legally covered in terms of old-age and invalidity benefit, employment injury benefit and family benefit (ILO, World Social Protection Database, 2021). The Committee recalls that Articles 27(a), 33(a), 41(a), 55(a) and 61(a) of the Convention require the social security benefits provided for under these Articles to be guaranteed to not less than 50 per cent of all employees. The Committee requests the Government to provide statistical data on the number of persons protected covered by old-age and invalidity benefit, employment injury benefit and family benefit, in accordance with Title I of Article 76 of the report form for the Convention. Recalling that the objective of the Convention is to ensure that the largest number of workers enjoy the benefits provided for by the Convention for each of the contingencies accepted, the Committee requests the Government to supply information on the measures envisaged to extend protection through social security benefits to workers in the informal economy.

Part V (Old-age benefit), Article 29(2)(a), and Part X (Survivors’ benefit). Article 63(2)(a). Conditions of entitlement to a reduced benefit. The Committee notes that under section 52(1)(a) of Act No. 67-039 of 27 March 1967 establishing a social security system, as amended by Act No. 2021-007 of 22 February 2021, insured persons who reach the age of 63 years are entitled to an old-age pension if they have been registered with the National Social Security Fund (CNSS) for at least 20 years. Moreover, under the terms of section 55(1) of Act No. 67-039 of 27 March 1967, in the event of the death of the beneficiary of an old-age pension as well as the death of an insured person who, at the time of death fulfilled the conditions necessary to qualify for an old-age pension or who had paid insurance contributions for at least 80 months (15 years), the survivors are entitled to a survivors’ benefit.

The Committee recalls that by virtue of Article 29(2)(a) and Article 63(2)(a) of the Convention, a reduced benefit shall be secured at least to a person protected who has completed, prior to the contingency, in accordance with the prescribed rules, a qualifying period of 15 years of contribution or employment in respect of old-age benefit and five years of contribution or employment in respect of survivors’ benefit. The Committee therefore requests the Government to indicate: (i) whether an insured person with fewer than 20 years registration with the CNSS will be entitled to a reduced old-age pension after 15 years of contributions, in conformity with Article 29(2)(a) of the Convention; and (ii) whether a person protected whose breadwinner has contributed to the CNSS for a period of at least five years, is entitled to a reduced survivors’ pension, as required under Article 63(2)(a) of the Convention. The Committee also requests the Government to provide information on the periods that may be taken into account to meet the condition of registration set out in section 52(1)(a) of Act No. 67-039 of 27 March 1967 to secure entitlement to an old-age pension.

Part XI (Calculation of periodical payments). Article 65. Reference wage. With reference to its previous comments concerning the reforms announced by the Government regarding the raising of the earnings ceilings taken into consideration for the purposes of contributions, the Committee once again requests the Government to provide information, once the new ceilings have been introduced, on the reference wage applied to determine the replacement rate of benefits in accordance with Article 65 of the Convention.

Article 65(10). Adjustment of benefits. In its previous comments, the Committee noted the problems relating to the adjustment of cash social security benefits. In this connection, the Committee notes that under section 63 of Act No 67-039 of 3 February 1967 establishing a social security system, the rates of current periodical payments, provided either as annuities or pensions, may be revised by decree on the proposal of the Minister of Labour, following substantial changes in the general level of earnings resulting from substantial changes in the cost of living, taking financial possibilities into account and as a function of the evolution of the guaranteed minimum wage. The Committee recalls that, in accordance with Article 65(10) of the Convention, the rates of current periodical payments in respect of old age, employment injury (except in the case of incapacity for work), invalidity and death of the breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. The Committee underlines the importance of the adjustment of pensions and other benefits to guarantee the maintenance of their purchasing power, and considers that the capacity of the national pension system to maintain these two principles of the adjustment of pensions is an important indicator of the financial health of the system. The Committee requests the Government to provide statistics on the adjustment of old-age benefit, employment injury benefit (except in the case of incapacity for work), invalidity benefit and survivors’ benefit in conformity with Title VI of the report form under Article 65 of the Convention.

Application of the Convention in practice. Enforcement and inspection in social security. In its previous comments, the Committee the Government to indicate the progress made in implementing measures aimed at ensuring an effective social security inspection system. Noting the absence of information from the Government on this point, the Committee observes that, in accordance with section 68 of Act No. 67-039 of 3 February 1967 establishing a social security system, employers’ compliance with the provisions of the Act is ensured by CNSS inspectors. In particular, the CNSS website indicates that the CNSS inspectors are empowered to verify the elements determining the level of social security contributions, as well as payment of contributions, and to apply sanctions in case of violations related to contributions. The Committee therefore requests the Government to supply detailed information on enforcement by CNSS inspectors, including the number of inspections carried out, violations detected and sanctions imposed.

Part XIII (Common provisions) of the Convention, Article 71(3) and Article 72(2). General responsibility of the State for the provision of benefits and the proper administration of the social security system. For many years, the Committee has raised questions regarding the application of the Convention in practice, in view of the concerns expressed by the Free Confederation of Mauritanian Workers (CLTM) and the General Confederation of Workers of Mauritania (CGTM), regarding the Government’s management of the national social security system. In its previous comments, the Committee noted the various measures taken by the Government and the national authorities to counter evasion of contributions, to ensure the registration of new employers with the National Social Security Fund (CNSS) and to increase effective coverage by simplifying administrative procedures. On the basis of that information, the Committee requested the Government to report on the progress achieved in the implementation of the announced reforms, in particular, in the context of the plan of action instigated by the CNSS for 2014–2020.

The Committee notes with regret the absence of tangible progress reported by the Government in this connection. The Committee nevertheless notes that, according to the Government, the Bill modifying and replacing Act No. 67-039 of 3 February 1967 establishing a social security scheme and its accompanying explanatory notes have been submitted to the competent technical body. The Government also indicates that the drafts of the implementing orders and decrees of the Bill have also been prepared and that they will be submitted to the technical body, following promulgation of the Act.

In light of the systematic problems related to the functioning of the social security system in Mauritania, the Committee recalls that under Articles 71(3) and 72(2) of the Convention, the State shall accept general responsibility for the due provision of the social security benefits provided as well as for the proper administration of the institutions and services of the social security system. As set out previously, the Committee considers that the proper administration of the social security system by the State, in conformity with the abovementioned Articles of the Convention, must be based on a clear and precise legal framework, reliable actuarial data, supervision by the representatives of the persons protected, an effective inspection system and sufficiently dissuasive penalties. The Committee therefore requests the Government to take the measures required to ensure the proper administration of the national social security system and provision of benefits, in conformity with Articles 71(3) and 72(2) of the Convention, and to give full effect to the Convention in practice. The Committee also requests the Government to provide information on the results of the CNSS plan of action for 2014-2020. It further requests the Government to provide a copy of the Act modifying and replacing Act No. 67-039 of 3 February 1967 establishing a social security regime, once it has been adopted, together with its implementing decrees and orders.

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

Articles 5 and 8 of the Convention. Payment of benefits in the event of residence abroad. In its previous comments, the Committee noted that when a beneficiary originates from a State that has signed a reciprocity agreement or international social security agreement with Mauritania, the physical presence of the beneficiary is not required for entitlement to benefit or to organize the bank transfer of the benefits. The Committee also noted that Mauritania had concluded bilateral social security agreements with Algeria, Benin, France, Mali, Morocco, Senegal and Tunisia. In the event of residence in a country that is not bound to Mauritania by an international agreement, benefits may still be paid on condition that the beneficiary makes him or herself known to the Mauritanian embassies and consulates abroad. The Committee requested the Government to indicate how the beneficiaries of social security benefits were informed of this possibility for the payment of their benefits abroad when they leave the national territory for a country that is not bound to Mauritania by a social security agreement.

The Committee notes the Government’s reply, which indicates that the possibility of paying social security benefits abroad in a country that is not party to an international agreement is not covered by the regulatory framework, and that there is therefore no standard means of informing beneficiaries of their payment. The Committee recalls that under Article 5 of the Convention, each Member which has accepted the obligations of this Convention in respect of the branch or branches of social security concerned shall guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad, provision of invalidity benefits, old-age benefits, survivors' benefits and death grants, and employment injury pensions. The Committee notes that this obligation can be met by the conclusion of relevant multilateral or bilateral agreements under Article 8 of the Convention. However, the Committee recalls that the payment of benefits abroad provided under Article 5 of the Convention must be guaranteed even in the absence of such a multilateral or bilateral agreement with the country of residence of the beneficiary. The Committee requests the Government to supply statistical data on the number of beneficiaries who receive social security benefits paid by the Mauritanian social security system, who are resident in States that have not concluded an international agreement with Mauritania, and to specify the States concerned. The Committee also requests the Government to take the steps required to conclude multilateral or bilateral social security agreements with a view to guaranteeing the payment of benefits in the countries where the largest effective or potential beneficiaries reside, in application of Articles 5 and 8 of the Convention.

The Committee notes the Government’s reports received in October 2019 and August 2021. The Committee also notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 12 June 2019, and the Government’s reply, received on 21 October 2019.

Article 1 of the Convention. Employment policy. In its previous comments, the Committee requested the Government to provide detailed and up-to-date information on the results achieved in the context of the National Employment Strategy in terms of the creation of lasting employment and reducing poverty. The Committee notes the Government’s reference in its report to the adoption by the Council of Ministers on 21 February 2019 of the National Employment Strategy (SNE) for the period 2019-30 and the Operational Plan of Action (PAO). The Committee notes that the SNE and the PAO contain four strategic objectives with the aim of raising the activity rate from 37 per cent in 2017 to 48 per cent in 2030 and of increasing the number of active persons from 0.81 million to 1.6 million in 15 years. In this connection, the Committee notes the findings of the National Survey of Employment and the Informal Sector in Mauritania (the 2018 Statistical Yearbook of the National Statistical Office) on labour market trends between 2012 and 2017. The Committee notes the increase in the rate of the working age population (52 per cent in 2012 and 52.7 per cent in 2017) and the active population (39 per cent in 2012 and 41.5 per cent in 2017). It also notes the changes in the unemployment rate (10.1 per cent in 2012 and 11.8 per cent in 2017), and particularly that the unemployment rate of women is still higher (12.6 per cent in 2012 and 13.3 per cent in 2017) than that of men (8.6 per cent in 2012 and 10.9 per cent in 2017). In its observations, the CLTM indicates that the employment policy should be the essential objective to reduce unemployment through an active policy to promote full, productive and freely chosen employment. However, it considers that there is no employment policy with the segregationist system of which the Harratines (former slaves) and Black Mauritanians are the victims, as they are excluded from positions of responsibility in all sectors, thereby creating social inequality and intercommunity tension. The CLTM adds that this vision prevents any reliable employment policy capable of creating full employment in the country. The Committee notes that the Government’s reply does not provide details in this respect. The Committee emphasizes that equality of opportunity and treatment in employment and occupation is an essential element of any inclusive employment policy and recalls that the policy should also include measures to prevent unemployment for specific groups of workers who are vulnerable to exclusion (Promoting employment and decent work in a changing landscape, General Survey, 2020, paragraph 71). The Committee requests the Government to provide detailed information in its next report on the progress achieved in the application of the National Employment Strategy (SNE) for the promotion of full, productive and freely chosen employment. In particular, it requests the Government to provide detailed and updated information on the nature and impact of the measures adopted or envisaged to promote the full labour market integration of Harratines and Black Mauritanians. The Committee also requests the Government to provide with its next report a copy of the SNE and updated information on employment, unemployment and underemployment, including statistical data disaggregated by sector, age and gender, also indicating the occupation rates of Harratines and Black Mauritanians. It further requests the Government to provide information on the measures taken to ensure that all workers have full opportunities for access to employment irrespective of their race, colour, sex, religion, political opinion, national extraction or social origin, as set out in Article 1(2)(c).

Article 2. Policy coordination. Education and vocational training. The Committee previously requested the Government to provide information on the measures taken to ensure the coordination of education, vocational training and employment policies. It also requested the Government to include information on the measures taken to improve the supply of vocational and technical training, particularly for vulnerable workers, including young persons and women. The Committee notes that, according to the CLTM, vocational training should be matched with the needs of the market and recruitment for jobs must take into account the qualifications of applicants. In this regard, the Committee notes that one of the objectives of the SNE is to increase the school attendance rate of the population at the primary level (from 611 000 students in 2015 to 1 183 000 in 2030), at the secondary level and in vocational training (from 199 000 in 2015 to 739 000 in 2030) and in higher education (from 27 000 in 2015 to 99 000 in 2030). With regard to youth employment, the Government refers to the Support Project for Youth Training and Employment (PAFEJ 2014-21), financed by the African Development Fund that one of the objectives is the creation of conducive conditions for more inclusive economic growth and the reduction of youth unemployment. The Committee also notes that, according to the information available on the website of the Mauritanian Information Agency, the Government has also launched the National Programme for Food Security, Training and Integration (SAFIRE) for the period 2019-23, financed by the European Union, which has the objective of promoting social integration through vocational training and support for youth to find employment. The Committee requests the Government to provide information on the impact of the measures taken to promote education and training for the population in terms of the access of beneficiaries to lasting jobs. The Committee also requests the Government to continue providing information on the coordination of vocational education and training policies with employment policy and the specific needs of the labour market. It further requests the Government to provide information on the impact of the SAFIRE projects and the Support Project for Youth Training and Employment, including Harratines and their descendants and Black Mauritanians.

Collection and use of employment data. The Committee previously requested the Government to report on any progress made in the collection of data on employment, and to specify the employment policy measures adopted as a result of the establishment of the Employment Market and Training Information System (SIMEF). The Government indicates that, in accordance with the protocol agreement concluded on 23 September 2015 between the Government of Mauritania and the International Labour Office, the implementation of the component, “Support for the finalization of the National Employment Policy and the Employment Market and Training Information System (PNE-SIMEF) (MAU1401BAD) was launched to reinforce the Mauritanian information system and provide it with appropriate architecture. The Committee requests the Government to provide information on the progress achieved in the implementation of the Employment Market and Training Information System (SIMEF) and its impact on the collection and use of employment data.

Labour market institutions. The Committee previously requested the Government to provide information on the measures taken to strengthen the institutions that are necessary for the attainment of full employment. It also requested it to provide information on the manner in which the employment offices that exist in the country contribute to ensuring that workers who are available, including young workers, are suitably integrated. The Committee notes the Government’s description of the strategic objectives of the SNE, which include: focusing the national employment policy and sectoral policies on employment, strengthening public employment and integration services, guiding the development of human capital according to a logic based on demand, and developing the governance framework of employment. The Committee notes that, within the framework of the achievement of the objectives of the SNE, the Government plans to multiply the number of operational officers of the employment services by 3.7 with a view to reducing the number of persons experiencing vocational integration difficulties per officer (from 3488 in 2018 to fewer than 500 in 2030). With reference to youth insertion, the Government indicates that it plans to increase the number of young persons integrated through employment programmes from 20 000 in 2018 to 110 000 in 2030. The Committee requests the Government to provide information in its next report on the results and impact of the measures adopted in the context of the four strategic objectives of the SNE for the strengthening and governance of the labour market institutions necessary for the achievement of full employment. In particular, it requests it to provide information on the number of operational officers appointed and the public or private employment offices created, and the number of persons placed in employment by these offices.

Employment promotion and the development of micro- and small enterprises. The Committee previously requested the Government to provide information on the impact of the measures taken in the context of the National Microfinance Strategy (2015-19) and the National Strategy for the Promotion of Micro- and Small Enterprises (2015–19) on the creation of lasting employment by micro- and small enterprises. It also requested information on the jobs generated by labour intensive programmes. The Committee notes that the Government’s report does not contain information in this regard. The Committee requests the Government to provide up-to-date information on the effectiveness of the measures and programmes implemented, including within the context of the SNE, to promote the creation of lasting employment, develop entrepreneurship and create new micro- and small enterprises, particularly for youth and women.

Article 3. Consultation of the social partners. In its previous comments, the Committee requested the Government to provide information on the participation of the social partners in the formulation, updating and implementation of the SNE and the measures taken or envisaged to associate the representatives of persons working in rural areas and the informal economy with the consultations required by the Convention. The Government indicates that the preparation of the SNE was the subject of broad dialogue with the social partners and technical and financial partners in several working meetings and sharing and validation workshops. The Government adds that the SNE contains indicators of objectives which were defined through participation to facilitate their achievement. The Committee requests the Government to provide information on the participation of the social partners in the application of the SNE. It also requests it to indicate the manner in which the interests of the rural and informal economies are taken into account in the implementation of the SNE.

Employment trends and measures taken to address the COVID-19 pandemic. With reference to the impact of the COVID-19 pandemic on the implementation of the policies and programmes adopted to promote full, productive, freely chosen and lasting employment, the Government indicates in its 2021 report that strategies and programmes were adopted with a view to the creation of decent jobs based on gender equality and non-discrimination during the pandemic. In this regard, the Committee notes with interest the measures taken by the Government to ensure the effectiveness of action in support of youth employment, in particular within the framework of the National Integrated Support Programme for Micro- and Small Enterprises (PNIME-2020), which provided financial support for 70 young former detainees and training and integration for 80 young persons in the field of building and public works (BTP) through the Support Project for Youth Training and Employment (PAFEJ). It also notes: the financing and launching of the “My Project, My Future” programme for 750 micro-, small and medium-sized enterprises and the creation of 2250 jobs; the MEHENTI youth programme, which focuses on the independence of apprentices through valuing trades and which provided training and integration (self-employment) for 350 young persons; the entrepreneurship fund for the financing of 1500 income-generating activities and micro-, small and medium-sized enterprises, including 50 micro-, small and medium-sized enterprises financed for the benefit of three associations of women entrepreneurs; the STAGI programme for youth employability by the Government and employers; the United Nations Development Programme (UNDP) project for socio-vocational integration with gender parity for a period of three years; the World Bank Youth Employability Project (PEJ) focusing on awareness-raising, identification and training and financing of income-generating activities for 60 000 young persons in various trades, with 50 per cent girls in Deux Hodhs, Nouakchott, Assaba, Guidimakha and Trarza for a period of five years; the employability and socio-economic integration support project for vulnerable youth (PEJ-BAD, targeting the training and integration of 1000 young persons in the wilaya of Brakna; the agreement with the Ministry of Fishing for the integration of 1000 young persons into fishing trades; and the financing project with UNDP to promote jobs affected by the pandemic for a period of 12 months through the Employment Projects Coordination Unit (CPE). The Committee requests the Government to continue providing information on the labour market measures taken to address the COVID-19 pandemic and to mitigate its negative effects. The Government is also requested to provide statistical data on the impact of these measures on employment retention and job creation, including for persons with disabilities.

The Committee takes note of the Government’s first report on the Convention. However, the Committee observes that the Government’s report provides scant or no information on the many questions raised in the report form on the application of the Convention, approved by the Governing Body.

Article 1 of the Convention. Respect for migrant workers’ basic human rights. The Committee observes that certain articles of the Constitution relative to basic rights are applicable to citizens. It notes in particular that that is the case in sections 1 (protection against discrimination) and 10 (freedom of movement, freedom of opinion and thought, freedom of expression, freedom of assembly, freedom of association and to join a political party or trade union of their choice). The Committee notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expressed concern at the persistence of forced labour in the case of migrant workers. The CMW also noted with concern the situation of migrant women in an irregular situation employed as domestic workers, who are vulnerable not only to exploitation but also to prostitution (Concluding observations, CMW/C/MRT/CO/1, 31 May 2016, paragraph 30). Finally, the Committee refers to its comments on the application of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), in which it requested the Government to provide its comments regarding the observations of the Free Confederation of Mauritanian Workers (CLTM) alleging serious abuse of Mauritanian women domestic workers abroad. The Committee requests the Government to provide detailed information on the measures adopted to ensure protection of the basic human rights of foreign migrant workers in Mauritania. In particular, the Committee requests the Government to indicate whether the basic rights recognized for citizens under the Constitution are also recognized for men and women foreign workers in the country. It also requests the Government to provide information on the measures adopted to ensure respect for the basic rights of men and women Mauritanians working abroad.

Article 2. Migration flows. Measures aimed at combating clandestine movements of migrants, illegal employment of migrants, and sanctions. The Committee notes that Mauritania, according to the migration profile established by the International Organization for Migration (IOM), is essentially a major destination and transit country for migrants from Sub-Saharan Africa (mainly from Senegal and Mali, but also from Côte d’Ivoire, Gambia, Guinea Bissau, etc.). Many migrants in the country work in the informal sector, transiting through Mauritania on their way to Europe, especially Spain, via the Canary Islands. It notes that the Government indicates in its report that the management of migrant labour will in future be better informed, thanks to measures put in place in the National Statistics Office, which will include a series of questions on migration and work in the employment module of the survey on household living conditions (EPCV) and in the employment survey. In that regard, the Committee stresses that under Article 2 of the Convention, each country for which this Convention is in force shall systematically seek to determine whether there are illegally employed migrant workers on its territory and whether they depart from, pass through or arrive in its territory any movements of migrants for employment in which the migrants are subjected during their journey, on arrival or during their period of residence and employment to conditions contravening relevant international multilateral or bilateral instruments or agreements, or national laws or regulations. It recalls that the representative organisations of employers and workers shall be fully consulted and enabled to furnish any information in their possession on this subject. The Committee therefore requests the Government to ) keep it informed of any system put in place to collect in the future precise data on migration for employment departing from, passing through, or arriving in its territory. It further requests the Government to communicate statistics, disaggregated by sex and nationality: (i) on migration flows departing from and arriving in Mauritania, in particular on the number of foreign workers residing legally in the country; and if available (ii) the number of workers who entered the country seeking employment and who are in an irregular situation; as well as on (iii) the number of Mauritanian citizens leaving Mauritania to seek employment abroad who are in either a regular or irregular situation.

Article 3. Collaboration with other Member States to prevent and suppress clandestine migration and illegal employment. The Committee notes that the Government collaborates with other Member States in respect of migration in the framework of numerous international agreements. It welcomes such cooperation and recalls in this connection that according to the General principles and operational guidelines for fair recruitment, approved by the Governing Body of the ILO in 2016, Governments should make public the bilateral and multilateral agreements on migrant labour and inform migrant workers of their provisions (paragraph 13.1). The Committee requests the Government to provide information on the measures taken in this connection.

Article 4. Systematic exchange of information. Consultation with the social partners. The Committee observes that Act No. 2020-017 of 6 August 2020 concerning the prevention and repression of human trafficking and the protection of victims provides for the establishment of a National Instance against human trafficking and trafficking of migrants, of which the functions include: encouraging cooperation with peer instances in other countries with which it has signed cooperation agreements; and accelerating the exchange of information with them, in order to have early notice of violations of the law and prevent them occurring. The Committee requests the Government to provide detailed information on the activities of the National Instance against human trafficking and the trafficking of migrants in respect of the systematic exchange of information, as well as on any other mechanism in place concerning the exchange of information on labour migration, and to specify whether the social partners are consulted within the framework of these mechanisms.

Article 6. Effective detection of the illegal employment of migrant workers. The Committee notes that, according to section 18 of Decree No. 2018-025 of 8 February 2018, abrogating and replacing Decree No. 2009-224 of 29 October 2009 establishing the employment conditions of migrant labour and instituting work permits for foreign workers, a labour inspector or a police officer, or any other duly appointed administrative agent can take note of breaches of the above-mentioned Decree. It notes in this regard the concern of the CMW that the labour inspections concentrate more on the status of the migrant workers than on their working conditions (Concluding observations, CMW/C/MRT/CO/1, paragraph 30). In this connection, the Committee recalls that cooperation between the labour inspectorate and the immigration authorities should be carried out cautiously, keeping in mind that the main objective of the labour inspection system is to protect the rights and interests of all workers, and to improve their working conditions, rather than the enforcement of immigration law. Where a large proportion of inspection activities relate to verifying the immigration status of migrant workers, this may mobilize considerable resources in terms of staff, time and material resources, to the detriment of those allocated to the inspection of conditions of work and deter them from making complaints (2016 General Survey concerning the migrant workers instruments, paragraph 482). The Committee requests the Government to provide details of the role of the labour inspectorate in the verification of the status of migrant workers. It requests the Government to provide information on activities aimed at detecting the presence of illegally employed migrant workers or the organization of clandestine migration for employment, and to indicate the administrative, civil or penal sanctions imposed on persons that organize clandestine migration for employment, or on those who employ migrants illegally. The Committee requests the Government to communicate information on any legal procedure engaged in accordance with the relevant sections of the Penal Code, indicating the sanctions imposed on the authors.

Article 7. Consultation of the social partners. The Committee notes that the National Strategy for better management of migration, adopted in 2010, provided for the establishment of a system for the management, monitoring and evaluation of migration, with the participation of the social partners, in particular through the establishment of a National Committee for the Management of Migration. The Committee also notes that the Government indicates its intention to reinforce cooperation with the social partners by setting up a National Council for Social Dialogue (Decree No. 2021-012 of 26 January 2021, establishing the National Council for Social Dialogue), which will allow discussions with the tripartite constituents on how to integrate migrant workers and protect their rights. The Committee requests the Government to indicate whether the National Committee for the Management of Migration has been put in place in practice and if so, to provide detailed information on its activities. It also requests the Government to provide information on the activities of the National Council for Social Dialogue in respect of labour migration.

Article 9. Possibility of defending rights. The Committee takes note that according to section 21 of the Constitution of the Islamic Republic of Mauritania, any foreign national in a regular situation on the national territory enjoys the protection of the law in respect of his or her person and property. It notes, nevertheless the CMW’s concern that migrant workers are subject to forms of exploitation such as inadequate pay or excessive working hours or a lack of information on the effective access to remedies to challenge their expulsions (Concluding observations, CMW/C/MRT/CO/1, paragraphs 30 and 38). The Committee recalls in this regard that expulsion orders, in general, should not have the effect of denying migrant workers the right to appeal those orders nor should they have the effect in practice of denying migrant workers the right to file complaints with regard to violations of other rights (2016 General Survey, paragraph 499). The Committee requests the Government to provide information on the measures adopted to allow migrant workers to appeal expulsion orders and to defend their rights arising out of current or past employment. In particular, it requests the Government to indicate the existing measures taken to allow migrant workers to submit complaints to the labour inspectorate, but also before a competent court.

Article 9(3). Cost of expulsion. The Committee notes that according to section 33(b) of Decree No. 64-169 of 15 December 1964 regulating immigration in the Islamic Republic of Mauritania, when a foreign national residing in Mauritania definitively leaves the national territory, the repatriation deposit paid on arrival must be refunded, after release by the Minister of the Interior, once it has been established that the foreign national is the holder of a ticket to travel abroad. Recalling that the Convention expressly provides that in case of expulsion of the worker or his family, the cost shall not be borne by them, the Committee requests the Government to specify whether the repatriation deposit is used to cover the cost of expulsion of the migrant workers and their families.

Article 10. National policy of equality of treatment of migrant workers. The Committee notes the Government’s indication according to which the National Strategy for better management of migration adopted in 2010 is currently undergoing revision in light of new governance contexts, especially the 2018 adoption in Marrakesh of the Global Compact for Safe, Orderly and Regular Migration by the international community. The Committee requests the Government to provide detailed information on the practical implementation of the National Strategy for better management of migration and, as appropriate, on its revision in light of the Marrakech Pact for Safe, Orderly and Regular Migration. More generally, it requests the Government to provide detailed information on the adoption of a national policy designed to ensure equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights, and of individual and collective freedoms for persons who as migrant workers or as members of their families, are lawfully within its territory.

Equality of treatment. Trade union rights. The Committee observes that section 273 of the Labour Code provides that members responsible for the administration or management of a trade union must, if they are foreign nationals, be able to justify five consecutive years’ exercise of the occupation defended by the trade union in the Islamic Republic of Mauritania. The Committee recalls that Article 10 of the Convention makes it obligatory for the Government to declare and pursue a national equality policy with respect to “trade union rights” and that the rules concerning the election of union officers should be left to the unions concerned. It further recalls that, if the principle remains that of unconditional equality of treatment, it has acknowledged in some cases certain exceptions for legislation restricting the ability of migrant workers to take up trade union office, it has emphasized that migrant workers should be able to take up trade union office at least after a reasonable period of residence in the host country (2016 General Survey, paragraph 410). In light of the above, the Committee requests the Government to consider reducing the period of residence required for a foreign worker wishing to exercise trade union functions.

Article 12(c). Activities aimed at migrant workers. The Committee notes the Government’s indication according to which the Ministry for the Civil Service has organized a communication and awareness-raising campaign on the scope of, and issues arising from, the Convention, in the regions with a high concentration of migrant workers (Nouadhibou, Rosso, Sélibabi Alioune), aimed at the tripartite constituents and associating the territorial authorities and the security forces. The Committee requests the Government to provide information on the measures under consideration or adopted to encourage educational programmes aimed at acquainting migrant workers with their rights and enabling them to exercise them in practice.

Article 14(b). Recognition of qualifications. In the absence of information on this subject, the Committee requests the Government to give details of the measures taken to regulate recognition of occupational qualifications acquired outside its territory, including certificates and diplomas.

Article 14(c). Restricted access to limited categories and functions. The Committee observes that according to section 30 of Decree No. 64-169 of 15 December 1964 regulating immigration in the Islamic Republic of Mauritania, no foreign national may exercise in Mauritania, without special authorisation of the Ministry of the Interior, the following occupations: customs officer, forwarder or freight forwarder, officer dealing with immigration and emigration, insurance agent, shipping agent, ship chandler, ship’s agent, director of a travel agency or of an airline company, public transport contractor, currency exchanger, printer, news agent, surveyor, arms and ammunition dealer, operator of hydrocarbon (derivatives or residues) depots, mineral prospector, hotel and bar keeper. The Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equality of treatment. The Convention does however authorize certain restrictions to the principle of equality of treatment with regard to access to employment: (1) Article 14(a) allows the State to make the free choice of employment subject to temporary restrictions for a prescribed period not exceeding two years, while (2) Article 14(c) permits restricting access to limited categories of employment or functions where this is necessary in the interests of the State (2016 General Survey, paragraph 370). The Committee consequently requests the Government to examine the list of “protected” occupations in light of Article 14(c) of the Convention and to alter it accordingly. In the meantime, the Committee requests the Government to provide information on the manner in which the above-mentioned section 30 of Decree No. 64-169 of 15 December 1964 is applied in practice.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s first report on the application of the Convention. It also notes the Government’s indication that trade union federations are consulted on international labour standards through the organization of meetings and the forwarding of the instruments in question to gather their comments and observations. The Government adds that they are also consulted concerning items on the agenda of the International Labour Conference (ILC). It also reports the creation of a National Social Dialogue Council (CNDS), a tripartite body comprising government representatives and the most representative organizations of employers and workers, with a view to promoting social dialogue and contributing to the identification of appropriate solutions to issues in the world of work. The Committee requests the Government to specify whether the National Social Dialogue Council (CNDS) is the body empowered to hold tripartite consultations on matters related to international labour standards under Article 5(1) of the Convention, and to provide updated detailed information concerning the frequency, content, purpose and outcome of the consultations held by the CNDS or any other competent body.

Article 3. Choice of representatives. The Committee notes the Government’s indication that elections to determine the most representative trade unions and the method of appointing workers’ representatives to committees or to participate at the ILC have not yet been organized. The Government indicates, however, that a consultation meeting with trade unions will be held in order to select their representatives for the ILC. The Committee requests the Government to provide updated detailed information on the manner in which employers’ and workers’ representatives are chosen for the tripartite consultations required by the Convention.

Article 4. Administrative support. Necessary training of participants in the procedures. The Committee notes the Government’s indication that the mandate of the CNDS includes participation in the consideration of policies and strategies on technical and vocational training. The Committee requests the Government to provide information on any arrangements made or envisaged to provide administrative support for the operation of the CNDS and to finance the training of participants in the consultation procedures provided for by the Convention, where applicable.

In the context of the COVID-19 global pandemic, the Committee recalls the extensive guidance provided by international labour standards. It encourages the Government to participate in tripartite consultations and social dialogue as a sound basis for formulating and implementing effective responses to the profound socio-economic effects of the pandemic. The Committee invites the Government to continue to provide in its next report updated information on the measures taken in this respect, in accordance with Article 4 of the Convention, as well as Paragraphs 3 and 4 of Recommendation No. 152, including the measures adopted to build the capacity of the tripartite constituents and reinforce tripartite mechanisms and procedures, and also on the challenges encountered and good practices identified.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the International Trade Union Confederation (ITUC), the General Confederation of Workers of Mauritania (CGTM) and the Free Confederation of Mauritanian Workers (CLTM), received on 1 September, 30 August and 12 June 2019, respectively. It also notes the observations of the ITUC and the CGTM received in 2018. Lastly, the Committee notes the Government’s reply to the 2019 observations of the CLTM and the CGTM, received on 21 October 2019.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

Articles 1(1), 2(1) and 25 of the Convention. Slavery and the vestiges of slavery. The Committee previously noted that in June 2017 the Conference Committee expressed its deep concern at the persistence of slavery and the low number of prosecutions brought and it urged the Government to continue its efforts to combat slavery and its vestiges. The Committee welcomed the fact that the Government had accepted a high-level mission and the continuation of the ILO technical cooperation project to strengthen the efforts made by the Government to bring an end to the vestiges of slavery. The Committee requested the Government to take the necessary measures, both in the framework of the technical cooperation project and the inter-ministerial committee responsible for implementing the road map to combat the vestiges of slavery, to implement the recommendations of the Conference Committee and those made by the Committee of Experts.

The Committee notes the report of the high-level mission which visited Mauritania in April 2018. The mission noted certain progress due to the efforts of the Government. While the Government showed the will to continue taking action to combat this divisive phenomenon, the global context in which action was being taken remained complex. The mission heard ambivalent statements and observed that the action taken was subject to different perceptions by the various stakeholders. The mission considered that the continuation of a multisectoral approach was essential to combat all the aspects of slavery and its vestiges, including discrimination. The mission recommended the Government to establish a coordination mechanism and to adopt a plan of action to combat forced labour and slavery articulated around four components: (a) support for the effective application of the Act of 2015 (Act No. 2015-031 of 10 September 2015 criminalizing slavery and punishing slavery-like practices) through the strengthening of the role and presence of the State; (b) the identification, provision of assistance and protection of victims; (c) the promotion of an inclusive approach and a better collective understanding of the action taken; and (d) awareness-raising. The Committee therefore proposes to examine these four components, which were addressed in its previous comments.

(a) Effective application of the 2015 Act. The Committee previously emphasized that the efforts made to disseminate knowledge of the 2015 Act and reinforce the training of the various actors in the criminal justice system had not in practice led to the examination of cases by the three special criminal courts with competence for slavery issues. It requested the Government to continue to take action in this respect so as to ensure that no cases of slavery go unpunished. The Committee notes that the mission welcomed the fact that several cases are before the special criminal courts and emphasized the importance of ensuring that these courts benefit from the necessary resources and stability to discharge their functions. It also observed that access to victims and their identification is still complex.

In its 2019 report, the Government refers to a number of measures, including: the circular issued by the Public Prosecutor urging all prosecutors to investigate cases of slavery more actively; free legal assistance and exemption from legal fees for victims of slavery at all stages of the procedure; the creation of legal aid offices; and the possibility available to the judges to order interim measures to protect the rights of victims. The Government adds that 35 cases have been referred to the three special criminal courts and have resulted in conciliation, the dismissal of cases, acquittals, convictions and civil damages. The East court has handed down two judgments and is due to examine around ten cases involving matters prior to the entry into force of the 2015 Act. The court in Nouakchott has dealt with ten cases since 2010 and appeals have been lodged in six others which were examined by courts of first instance. The court of Nouadhibou has dealt with seven cases (only one case is under investigation, two have been closed and three are awaiting referral by the regional criminal court). The Government also indicates that the Department of Justice is continuing to organize seminars for judicial stakeholders involved in action to combat slavery. In 2018 and 2019, training and awareness-raising workshops were organized in Nouadhibou, Kiffa, Nouakchott and Aleg for members of the special criminal courts and magistrates of appeal bodies, investigating magistrates, prosecutors and members of the police and gendarmerie. In the supplementary information provided in 2020, the Government specifies that the criminal courts tried 11 cases related to slavery on the basis of the 2015 Act. Nine cases concerned traditional slavery, while the two others concerned slavery-based insults. Two acquittals were given, and prison sentences of one to 20 years and substantial fines imposed.

The Committee notes that, in the context of the technical cooperation project of the ILO, an evaluation is being prepared of the operation of the three special criminal courts, with the support of the Ministry of Justice. The objective is to be able to make recommendations for specific improvements that can be made with a view to the more effective enforcement of the 2015 Act.

The Committee notes that, in its observations, the ITUC reports several obstacles to the effective enforcement of the law: the lack of action by police officers and prosecutors when cases of slavery are reported; acts of intimidation by the police and the judicial authorities in relation to victims to persuade them to accept an amicable settlement with their former “master”; and the absence of protection measures for victims and witnesses.

The Committee notes all of these elements. It recalls that, under the terms of Article 25 of the Convention, member States are required to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and are strictly enforced. In this regard, it welcomes the fact that the three special criminal courts have before them an increasing number of cases of slavery. However, it observes that the information concerning these cases is still imprecise and that, four years after the adoption of the 2015 Act, a limited number of cases appear to have resulted in the imposition of really adequate penalties. The Committee urges the Government to continue to take the necessary measures to strengthen knowledge of the Act of 2015 by both the public authorities and the victims and to ensure its effective application. Therefore, as indicated by the mission in its report, the Committee encourages the Government to pursue the training activities for the various actors in the enforcement system. It also emphasizes the importance of the preparation of a practical guide listing the most common elements/indicators that suggest that a person is in a situation of slavery as a means of reinforcing capacities for the identification of cases of slavery, the collection of evidence and the assessment of the facts. The Committee also hopes that the Government will take the necessary measures to ensure that the evaluation is undertaken of the operation of the three special criminal courts and requests it to specify the recommendation made in this context. It requests the Government to continue providing information on the number of cases of slavery reported to the authorities, the number of cases that have led to judicial action, the number of the convictions handed down, the nature of the sanctions imposed, as well as the number of cases that were settled outside the judicial system. The Committee also requests the Government to indicate the number of victims of slavery who have been compensated for the damages suffered, in accordance with section 25 of the 2015 Act.

(b) Identification, protection and reintegration of victims. The Committee previously noted that the identification and provision of effective assistance to victims of slavery still remained a challenge to be overcome in practice. The mission considered that it was essential to establish structures to receive victims and provide them with comprehensive assistance so that they can be provided with support in asserting their rights and reconstructing their lives free of any pressure.

The Committee notes that the Government has not provided any information on the specific assistance provided to victims, despite the existence of a number of cases that are before the courts. It notes that, among general social integration measures, the Government refers to: the activities undertaken by the Tadamoun Agency (the National Agency to combat the vestiges of slavery); the measures taken to facilitate access to civil status of persons without filiation through 17,857 declaratory judgements respecting civil status, particularly to issue birth certificates; action to encourage families to register with schools the children of poor families and/or victims of the vestiges of slavery, within the framework of cash transfer measures; training courses, skills and employment programmes and income generation projects established for populations who are victims of the vestiges of slavery; and the reform of property ownership undertaken through the pluridisciplinary commission to reform the law on property and public land. In its supplementary information, the Government refers to the launching, in January 2020, of the special “Ewlewiyatt” (Priorities) programme, which covers the largest number of simultaneous projects ever in the country, and also to the programmes developed by the General Office for National Solidarity and the Combat against Exclusion (TAAZOUR), aimed at supporting the most disadvantaged populations.

The Committee notes that, in its observations, the CGTM indicates that the actions undertaken by the Tadamoun Agency have only focused on the development of social and school infrastructure, without addressing the issues of prevention and the protection of victims, The CGTM observes that victims are not associated in the design or implementation of the programmes that concern them. The CLTM also refers to the absence of reception structures. The ITUC emphasizes that people who are freed from slavery do not have access to specific rehabilitation and integration measures. Faced with poverty, they are at risk of falling back into a situation of exploitation due to the lack of alternatives, or of returning to their former “masters” by reason of the psychological hold exerted in the context of slavery.

While welcoming the general measures to combat poverty and promote social integration taken by the Government, the Committee hopes that the Government will provide information on the specific measures taken so that the victims who are identified benefit from specific support adapted to their situation, enabling them to assert their rights and rebuild their lives psychologically, economically and socially. As noted by the mission, the Committee draws the Government’s attention to the need to pay special attention to the situation of women and their children and to the possibility of envisaging the creation of a public fund for the compensation of victims. The Committee once again requests the Government to indicate the number of cases in which the Tadamoun Agency has been a party to civil proceedings, and the number of victims who have been supported by the Agency during the investigations and judicial proceedings, with an indication of the nature of the assistance provided.

(c) An inclusive approach, coordination and a better collective understanding of the phenomenon. 1. Plan of action. The Committee previously welcomed the multisectoral approach and the interministerial coordination introduced for the implementation of the road map to combat the vestiges of slavery. It requested the Government to indicate the new actions identified following the final evaluation of the impact of the measures adopted within the framework of the road map. The Government indicates that the final evaluation seminar on the implementation of the road map found that the 29 recommendations set out in the road map have been globally implemented in a satisfactory manner. The Committee notes that, in its observations, the CGTM observes that workers’ organizations were not associated with the formulation, implementation or evaluation of the road map. It adds that the absence of dialogue concerning the action to be taken for the elimination of all forms of forced labour is liable to compromise the Government’s programmes and the efforts made to combat slavery and its vestiges. The ITUC recalls in this regard the importance of the inclusion of workers’ organizations at every stage of the preparation and implementation of a plan of action.

The Committee notes the adoption of Order No. 085 of 5 February 2019 appointing the President and the members of the National Social Dialogue Council. The Committee notes that the priority issues to be covered by the National Social Dialogue Council include the development and finalization as soon as possible of a plan of action to combat forced labour and child labour with a view to the continuation of the action to be taken on the basis of the conclusions set out in the report of the ILO mission and the recommendations of the Committee on the Application of Standards. The Committee trusts that the Government will take the necessary measures to adopt without delay the plan of action to combat forced labour prepared by the National Social Dialogue Council and to ensure that it will cover all of the components examined by the Committee and the mission in its report, with a view to taking effective action to combat the multiple aspects of slavery. Recalling that action to combat slavery requires the commitment of all actors within the framework of coordinated action carried out at the highest level, the Committee also requests the Government to indicate the measures adopted to establish a coordination and follow-up mechanism for the implementation of the plan of action, and to ensure the involvement of all stakeholders, including workers’ and employers’ organizations.

2. Qualitative study. With regard to the qualitative study that is due to be undertaken within the framework of the technical cooperation project of the ILO, the Committee emphasized the importance of taking into account the issue of economic, social and psychological dependence when assessing whether a person has expressed free and informed consent to work, free of any threat of pressure. In its report, the mission emphasized that the qualitative study to be carried out would provide all of the actors involved with reliable data to guide their action and that it was essential for the Government to facilitate the process of the preparation of the study as soon as possible.

The Committee notes that, during the course of 2019, within the framework of the technical cooperation project, 12 regional workshops were organized throughout the national territory with a view to the preparation of a research protocol for the qualitative study. The objective was to identify the scope of application of the study, the categories of workers and the employment sectors at risk. The social partners were associated with the workshops. The research protocol could be validated at the beginning of 2020. The Committee notes that the ITUC, in its observations, welcomes the progress in the preparation of the qualitative study and reiterates the importance of also carrying out a study to determine the quantitative incidence of slavery.

The Committee also notes that, in its observations, the CLTM indicates that slavery continues to exist in its most archaic form involving people who remain at the disposal of their masters 24 hours a day. The CGTM refers to the subordinate relationship of former slaves who live in very difficult economic and social conditions due to the discrimination and social exclusion that has marked them and makes them vulnerable to exploitation.

Recalling the importance of the availability of reliable data on the phenomenon of slavery and the various forms of forced labour, the Committee firmly hopes that the Government will continue to take all the necessary measures so that the qualitative study can be completed as soon as possible, with ILO assistance.

(d) Awareness-raising. The Committee previously noted the awareness-raising actions taken by the Government and requested it to continue to take action, not only to raise awareness of the 2015 Act, but also to delegitimize slavery and combat the stigmatization and discrimination to which victims and their descendants are subjected. The Committee notes in this respect that the mission recommended the establishment of a multi-year intervention plan to coordinate awareness-raising activities over time and throughout the national territory, paying special attention to women, children, mayors and local actors. The Government refers once again to the awareness-raising caravans that are travelling throughout the national territory, and particularly in certain adwabas (villages), placing emphasis on the action taken to combat slavery practices. The Government adds that, with a view to reinforcing the legal framework to combat contemporary forms of slavery and any tendency to discriminate against citizens, an important legislation has been adopted to repress any discriminatory practices that may emerge in the country.

The Committee notes that the ITUC, in its observations, continues to refer to the obstacles encountered by certain civil society organizations working in the field of action to combat slavery and its vestiges, and refers to acts of intimidation and the difficulties encountered by certain organizations concerning their registration.

The Committee requests the Government to continue undertaking awareness-raising activities on the issue of slavery throughout the national territory. The Committee also requests the Government to associate all the stakeholders, including the local authorities, so that the firm will of the State on the issue of action to combat slavery, its vestiges and discrimination is communicated and understood at all levels. The Committee also requests the Government to ensure that persons and organizations that combat slavery can act freely and without fear of reprisals.

Noting that the Government has not provided its first report on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, the Committee requests the Government to provide it with its next report on the application of the Convention.

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

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

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

The Committee notes the Government’s report. It also notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 12 June 2019, as well as the information provided by the Government in reply to these observations, received on 21 October 2019.

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the Government's indication that there are currently no private or fee-charging employment agencies in the country, and that prior authorization by order of the Minister of Labour is required to open a private employment agency in Mauritania. The Government also indicates that some private employment agencies that were operating illegally were reported in 2017 in Nouakchott, but they were immediately closed by the General Labour Directorate and their files forwarded to the relevant public prosecutors. The Government also indicates that no other newly opened private or fee-charging employment agency has been reported to the Labour and Employment Administration. The Committee notes the CLTM's observations that employment agencies conducted with a view to profit should be limited in time, pending the establishment of public employment agencies, which should be subject to monitoring by the competent authorities in order to eliminate the abuse of which workers are often victims. The CLTM alleges a lack of transparency in the recruitment of workers by for-profit employment agencies, indicating that intermediary structures such as unofficial employment agencies benefit from the indifference, and even from the complicity of the authorities, and make it possible to deceive workers. The CLTM mentions in particular the case of domestic workers who were allegedly mistreated, abused and considered as slaves after being recruited by an employment agency to work in the Kingdom of Saudi Arabia. In its reply to the CLTM's observations, the Government indicates that job placement in Mauritania is regulated by the Labour Code and may also be subject to regulation by decree. It notes that under Decree No. 2005-02, the National Agency for the Promotion of Youth Employment (ANAPEJ) is the public institution responsible for job placements in the labour market, subject to certain derogations. Act No. 2009-025 and its implementing Decree No. 066-2011, which regulate private surveillance activities, guarding and cash transportation, provide, inter alia, that placements under this workforce category are exclusively the responsibility of enterprises that were federated under the auspices of the Ministry of the Interior into a single institution entitled the “Mauritanian Private Security Institution”. In addition, Decree No. 2014-172, which establishes the special employment conditions of port workers, provides that one way of using dockworkers may be through their supply by companies hiring port labour. In this regard, Order No. 2017-732 limited the number of accreditations to one company per port in Nouakchott and Nouadhibou for an interim period of three years. The Government also specifies that the employment and placement conditions for foreign workers are set out in Decree No. 2018-025. The Committee notes the Government’s indication that, in September 2019, it undertook an implementation study of a mechanism regulating private placements, based on a study carried out in 2018, which concluded that the absence of such a structure was causing lasting damage to the labour market. The Committee notes that the Government does not reply to the CLTM's observations alleging that domestic workers recruited by an employment agency to work in the Kingdom of Saudi Arabia were subjected to conditions of slavery. In this regard, the Committee notes the concerns expressed by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CRM), at its 308th meeting on the initial report of Mauritania, that, according to the information available to the Committee, "about 900 women working in the Gulf countries are victims of trafficking". (CMW/C/SR.308, 11 April 2016, paragraph 7; see also the concluding observations on the initial report of Mauritania, CMW/C/MRT/CO/1, 31 May 2016, paragraph 30)." The Committee recalls that the member States which have ratified Convention No. 96 and which, like Mauritania, have accepted Part II of the Convention, are bound to progressively abolish fee-charging employment agencies conducted with a view to profit. It also recalls that the ILO Governing Body invited States parties to Convention No. 96 to consider the possibility of ratifying, where relevant, the Private Employment Agencies Convention, 1997 (No. 181). The ratification of this Convention, which recognizes the role which private employment agencies may play in a well-functioning labour market, would ipso jure involve the denunciation of Convention No. 96. The Committee requests the Government to keep it informed of the outcome of the study undertaken on the implementation of a mechanism regulating private placements. It also requests the Government to forward information on any activities of the private employment agencies and any prospects to ratify the Private Employment Agencies Convention, 1997 (No. 181).

Application of the Convention (Part V of the report form). The Committee requests the Government to provide information on the application of Convention No. 96 in practice and on infringements of regulations in force, identified during labour inspections and the penalties imposed, as well as on any other measures taken or envisaged with a view to protecting workers against any abuse, particularly concerning recruitment and placement abroad.

The Committee notes the Government’s report. It also notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 12 June 2019, as well as the information provided by the Government in reply to these observations, received on 21 October 2019.

Part II of the Convention Progressive abolition of fee-charging employment agencies conducted with a view to profit. In its observations, the CLTM alleges a lack of transparency in the recruitment of workers by employment agencies conducted with a view to profit, indicating that intermediary structures, such as unofficial employment agencies, benefit from the indifference or even complicity of the authorities and allow for workers to be deceived. The CLTM mentions, in particular, domestic servants who were allegedly mistreated, abused and regarded as slaves after being recruited by an employment agency to work in the Kingdom of Saudi Arabia. The Committee notes that the Government is silent on the CLTM’s observations alleging that women domestic workers recruited by an employment agency to work in the Kingdom of Saudi Arabia have been subjected to conditions akin to slavery. In this regard, the Committee notes the concerns expressed by the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, at its 308th meeting concerning the consideration of the initial report of Mauritania that, according to the information available to the Committee, “around 900 women working in the Gulf countries are victims of trafficking” (CMW/C/SR.308, 11 April 2016, paragraph 7; see also the Concluding observations on the initial report of Mauritania, CMW/C/MRT/CO/1, 31 May 2016, paragraph 30). The Committee requests the Government to provide its comments with respect to the observations made by the CLTM in respect of domestic workers recruited to work abroad.

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

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.

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.

Article 1(1) of the Convention. Definition and prohibition of discrimination. The Committee notes the adoption on 18 January 2018 of Act No. 2018-023, criminalizing discrimination. It notes that the definition of discrimination under section 1 appears to be more restrictive than the definition in the Convention, insofar as it refers to conformity with the Sharia. With regard to the grounds for discrimination prohibited by the new Act, the Committee notes that the general prohibition of discrimination under section 4 only concerns membership or otherwise of an ethnic group, race and language, while section 20, which covers specifically discrimination in all aspects of employment, establishes penalties not only for discrimination based on race but also on colour, extraction, origin, disability, sex or nationality. The Committee also notes that the provisions of the new Act on discrimination are not consistent with those of the Labour Code in this regard. In effect, the Code establishes the principle of non-discrimination solely with regard to access to employment, and covers race, national extraction, colour, sex, religion, political opinion and social origin (see sections 104 and 395) - the seven grounds expressly covered by the Convention. In addition, the Committee notes the concerns expressed by the United Nations Human Rights Committee, in its concluding observations, regarding the fact that “the lack of legal clarity may lead to many of the Act’s provisions being interpreted in such a way as to restrict the enjoyment of some rights and freedoms and perpetuate discriminatory practices” (CCPR/C/MRT/CO/2, 23 August 2019, paragraph 12). While welcoming the willingness expressed by the Government to strengthen the legal framework to combat discrimination, the Committee requests it to review the definition of discrimination in section 1 of Act No. 2018-023 to ensure it covers, without restriction, all of the grounds for discrimination highlighted in Article 1 of the Convention. In addition, in order to avoid any legal confusion and clarify the legal framework applicable to discrimination in employment and occupation, it also requests the Government to take measures to amend sections 4 and 20 of this Act, regarding the prohibited grounds of discrimination, to align them at least with the Labour Code and the provisions of Article 1(1)(a) of the Convention, specifying the aspects of employment and occupation covered, in accordance with Article 1(3) of the Convention.

General observation of 2018. Regarding its observation, the Committee wishes to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and differences in remuneration for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, and remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comment, the Committee once again pointed out the lack of any legislative or other measures to combat sexual harassment. The Committee notes the Government’s reference in its report to a Bill concerning violence against women and girls, which: (1) establishes comprehensive protection measures to prevent, punish and eliminate such violence and afford assistance to victims; and (2) includes provisions that define, prohibit and punish sexual harassment. In this regard, the Committee emphasizes ”the importance of taking effective measures to prevent and prohibit sexual harassment at work” and that “such measures should address both quid pro quo and hostile environment sexual harassment”. The Committee also recalls that “the protection against sexual harassment should cover all employees, male and female, with respect not only to employment and occupation, but also vocational education and training, access to employment and conditions of employment” (see the 2012 General Survey on the fundamental Conventions, paragraphs 789 and 793) and also that it should cover not only the harassment committed by employers or their representatives but also by colleagues and third parties (clients, suppliers etc.). The Committee also notes in this regard the Government’s reference to provisions in the Bill that require the head of the enterprise to take measures aimed at preventing sexual harassment, eliminating it and punishing the perpetrators of such acts. The Government also indicates that, as soon as the Act enters into force, a national plan on awareness-raising and prevention of violence against women and girls will be implemented, and that it plans to carry out a large-scale further and in-service training programme aimed at professionals who intervene in situations of violence. It adds that information and awareness-raising campaigns will be launched by the public authorities. The Committee warmly welcomes the raft of measures envisaged by the Government to combat violence, including sexual harassment, and hopes that, in the near future, they will result in legislative measures and strong initiatives to effectively combat sexual harassment in the areas of employment and occupation. The Committee requests the Government to provide information on: (i) the legislative status of the Bill on violence against women and girls and specific information on its content with regard to sexual harassment in employment and occupation; and (ii) any measures taken to inform and raise awareness of professionals and the public regarding issues related to sexual harassment (prevention, treatment of cases, complaints procedure, and the rights of and assistance for victims etc.).

Articles 2 and 5. Equality of opportunity and treatment for men and women. Positive measures for women. In its previous comment, the Committee highlighted the very low participation of women in the labour market, the high proportion of women who work without pay and the marked occupational segregation between men and women, and requested the Government to increase its efforts to take further proactive measures to promote gender equality in employment and occupation. The Committee notes that, according to the observations made by the General Confederation of Workers of Mauritania (CGTM) on the application of the Equal Remuneration Convention, 1951 (No. 100), in 2014 men’s participation rate (69 per cent) remained significantly higher than women’s. According to the organization, women represented around 30 per cent of all personnel in the public service and only 12 per cent in category A (compared with 30 per cent in category B and 58 per cent in category C). The CGTM also indicates that data show that, except in education and public health, women are under-represented, and it emphasizes that the gender disparities are both quantitative and qualitative. With regard to the private sector, the CGTM indicates that women represent only 8 per cent of personnel (only 5.5 per cent of whom hold positions of responsibility). Noting that the Government’s report is silent on this matter, the Committee reiterates its request to the Government to take appropriate measures, including those related to occupational guidance and training, to promote women’s access to a broader range of jobs, particularly those traditionally occupied by men, along with measures to promote equal access for men and women to productive resources, including credit and land. It requests the Government to provide information on any measures taken to this end in the public and private sectors, as well as recent statistical data, disaggregated by sex, on men’s and women’s participation in the private and public sectors (including the public service).

Article 3(a). Cooperation with social partners. The Committee notes the Government’s indication that, within the framework of the revision of the Labour Code, the principle of non-discrimination was not discussed as it is adequately covered in the Code, in accordance with the provisions of the Convention. The Committee recalls that, pursuant to Article 3 of the Convention, the Government must undertake to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies in promoting the acceptance and observance of the national equality policy. In this regard, it wishes to draw the Government’s attention to the fact that this cooperation goes beyond the discussions on the revision of the Labour Code. The Committee encourages the Government to address the issues relating to non-discrimination and equality in employment and occupation within the framework of social dialogue.

Article 3(d). Protection of civil servants and agents of the State against discrimination. The Committee recalls that Act No. 93-09 of 18 January 1993 issuing the general regulations of public servants and contractual agents of the State prohibits discrimination based on sex, race and opinion. In its previous comment, it requested the Government to indicate how, in practice, civil servants and contractual agents of the State are protected against discrimination in employment and occupation based on colour, religion, political opinion, national extraction and social origin, and to specify whether the term “opinion” within the meaning of sections 15 and 105 of Act No. 93-09 includes the notion of political opinion set forth in the Convention. The Committee notes the Government’s reply that: (1) the term “opinion” covers the notion of political opinion as set forth in the Convention and (2) in practice, civil servants are protected against discrimination in employment and occupation based on colour, religion, political opinion, national extraction and social origin by Act No. 93-09 and the 2009 Civil Service Code of Conduct. In order to further determine the effective protection afforded to civil servants against discrimination based on colour, religion, national extraction and social origin, the Committee requests the Government to provide: (i) information on the manner in which this protection may be applied, by specifying how, for example, a civil servant or a candidate for the public service who feels discriminated against based on his or her social origin or colour can put an end to any discrimination and assert his or her rights; and (ii) a copy of the relevant provisions of the 2009 Civil Service Code of Conduct.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution). The Committee continues to ensure follow-up to the recommendations adopted in 1991 by the Governing Body following a representation made by the National Confederation of Workers of Senegal (CNTS) under article 24 of the ILO Constitution with regard to the situation of black Mauritanian workers of Senegalese origin who, in terms of their employment, suffered the consequences of the conflict with Senegal in 1989. It notes that in reply to its previous request, referring to the allegations of the CGTM about these workers, the Government indicates that thousands of workers who were victims of the 1989 events have been reintegrated into the public service or, where they have reached the age limit, have benefited from pensions. The Government adds that those who have not been regularized, if there are still such cases, should address the competent services where measures will be taken or envisaged for them. Noting the Government’s commitment in this regard, the Committee requests it to continue taking measures to regularize the situation of Mauritanian workers of Senegalese origin who come forward and to provide information on any measure taken in that context.

The Committee notes the observations made by the Free Confederation of Mauritanian Workers (CLTM), received on 12 June 2019, and the Government’s reply, received on 21 October 2019.

Article 1(1)(a) of the Convention. Discrimination on the basis of race, colour, national extraction or social origin. Former slaves and their descendants. In its previous request, the Committee requested the Government to take steps to combat discrimination, including discrimination based on social origin, and the stigmatization suffered by certain segments of the population, particularly former slaves and descendants of slaves, in terms of access to education, training and employment, and to ensure the effective promotion of real equality and tolerance among the population. The Committee notes that, in its observations, the CLTM reports discrimination in access to well-paid and leadership posts to the advantage of only one part of the population, Arab Mauritanians, and the existence of an exclusion policy against black Haratine and Afro-Mauritanian workers from certain activity sectors, despite them being the majority in the population. The Committee notes that the Government’s report is silent on this point, but observes that, in its response to the CLTM’s observations on the application of the Employment Policy Convention, 1964 (No. 122), the Government contests the allegations of a discriminatory employment policy regarding the Haratine and Afro-Mauritanian communities. The Committee further notes that general information on measures taken to combat discrimination and stigmatization as vestiges of slavery was provided by the Government in its response to the CLTM’s observations on the application of the Forced Labour Convention, 1930 (No. 29). The Government indicates that, at the instigation of religious leaders and with the participation of civil society organizations, information and awareness-raising measures have been adopted on the illegitimacy of slavery and on the dissemination of Act No. 2015-031 of 10 September 2015, repealing and replacing Act No. 2007-048 of 3 September 2007, criminalizing slavery and punishing slavery-like practices. Awareness-raising caravans also travelled throughout the territory to inform those affected by the vestiges of slavery of their rights. The Government adds that positive training and integration actions for young graduates of Haratine and Afro-Mauritanian origin have been implemented to assist them find a job, particularly through the establishment of three funds for the beneficiaries of these targeted actions. The Committee notes the report of the high-level mission that visited Mauritania in April 2018 and recommended the adoption of an action plan to combat forced labour and slavery to, inter alia, institutionalize and coordinate action to raise awareness of slavery and its vestiges, including discrimination. In addition, the Committee notes, according to a communiqué of the President of the Republic, the establishment by a decree of November 29 2019 of a General Delegation for national solidarity and the fight against exclusion (“Taazour”), the objective of which is to extend social protection, eliminate all forms of inequality, strengthen national cohesion, combat poverty and coordinate all interventions in the target areas. It notes that this ministerial-level Delegation is mandated over the next five years to implement a programme for the economic and social promotion of populations which have been victims of inequality and marginalization, by strengthening the means of production, and improving the purchasing power, and access to education, health, drinking water, decent housing and energy of the poor population. Lastly, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed its concern at the fact that “certain traditional social structures and cultural prejudices continue to stoke racial discrimination and to marginalize the Haratine community, particularly in terms of access to education, employment, housing, health care and social services” and at the “very limited representation of the black African (Halpular, Soninke and Wolof) and Haratine communities in political and public affairs, including in leadership and decision-making positions in public administration, the army and the police, in elective office at the national level and in the private sector and the media” (CERD/C/MRT/CO/8-14, 30 May 2018, paragraphs 11–12). The Committee also refers to its comments on the application of the Forced Labour Convention, 1930 (No. 29), concerning awareness-raising activities on issues relating to slavery and its vestiges, particularly discrimination and stigmatization. Noting the willingness of the Government to actively fight against the vestiges of slavery, particularly the discrimination faced by former slaves and their descendants, the Committee requests it to intensify its efforts to raise awareness among all parts of the population of the illegitimacy of slavery and its vestiges, and to eliminate stigmatization and discrimination, particularly social prejudices, and to promote equality without distinction of race, colour, national extraction or social origin in employment or occupation. It also requests it to continue, including within the framework of the Taazour Delegation, its positive actions relating to education, training and employment of persons affected by stigmatization and discrimination based on race, colour, national extraction or social origin and to provide information on the measures taken to this end and the results achieved.

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

The Committee notes the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examined the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 2(1) and (2) below) and also on the basis of the information at its disposal in 2019.

Article 2(1) and (2) of the Convention. Minimum age for admission to employment or work. The Committee notes section 76 of Act No. 2018-024 of 21 June 2018 issuing the General Child Protection Code, pursuant to which it is prohibited to employ children under 16 years of age. The Committee also notes that section 153 of Act No. 2004-017 issuing the Labour Code provides that children cannot be employed before the age of 14 years. It notes that the Government specified 14 years as the minimum age at the time of ratification of the Convention. The Committee also notes the Government’s indication, in the supplementary information received, that this point will be emphasized in the context of the harmonization of the legislative texts relating to the social sphere. The Government explains that employment relationships are governed by the Labour Code. The Committee requests the Government to provide information on all progress made regarding the harmonization of the various provisions relating to the minimum age for admission to employment or work. The Committee would like to take this opportunity to draw the Government’s attention to the provisions of Article 2(2) of the Convention, which provide that each Member which has ratified this Convention may subsequently notify the Director-General of the International Labour Office, by further declarations, that it specifies a minimum age higher than that previously specified. Accordingly, the Committee requests the Government to indicate that it is raising the minimum age of 14 years previously specified.

Article 5. Limitation of the scope of application of the Convention to certain branches of economic activity. In its previous comments, the Committee noted that, at the time of ratification of the Convention, Mauritania declared that it was initially limiting the scope of application of the Convention to the branches of economic activity and types of enterprise covered by Article 5(3) of the Convention, namely: mining and quarrying; manufacturing; construction and public works; electricity, gas and water; sanitary services; transport, storage and communications; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Committee noted that, despite the Government’s indications that very few children are compelled to work in the branches of activity excluded from the scope of the Convention, apart from in the informal economy, the General Confederation of Workers of Mauritania (CGTM) claimed that children are used in family-run agricultural holdings where they are exposed to pesticides and harsh working conditions, despite their age. The Committee asked the Government to indicate the general situation regarding the employment or work of children and young persons in the branches of activity which are excluded from the scope of application of the Convention, particularly in family-run agricultural holdings.

The Committee notes the Government’s indications that, in the branches of activity excluded from the scope of application of the Convention, child labour is virtually non-existent. The Government explains that it plans to extend the scope of application of the Convention to the informal economy, where child labour might still exist. Recalling that, under Article 5(4) of the Convention, any Member may extend the scope of application of the Convention by a declaration addressed to the Director-General of the International Labour Office, the Committee draws the Government’s attention to the possibility of making use of this provision. In the meantime, it requests the Government to continue providing information on the general situation regarding the employment or work of children and young persons in the branches of activity which are excluded from the scope of application of the Convention.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examined the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 1 below) and also on the basis of the information at its disposal in 2019.

The Committee notes the observations of the Free Confederation of Mauritanian Workers (CLTM) received on 12 June 2019.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the indications of the International Trade Union Confederation (ITUC), according to which the Ministry of Labour authorized work by 13-year-old children. It also noted the observations of the CLTM, to the effect that young children, including the children of slaves and former slaves, are working in hazardous conditions in agriculture, small-scale fishing, construction work and garbage removal. It also noted that, according to the “MICS4 – Multiple Indicator Cluster Survey” finalized by the National Statistics Office in 2014, 22 per cent of children between 5 and 14 years of age were involved in child labour. The Committee requested the Government to take the necessary measures to ensure the effective abolition of child labour. The Committee also noted the adoption of the National Plan of Action on the Elimination of Child Labour 2015–20 (PANETE–RIM), and requested the Government to provide information on the activities and results achieved through the Plan of Action.

The Committee notes the information provided by the Government in its report, indicating that a National Council for Children has been set up, in order to assist the department responsible for children with the coordination, preparation, implementation and monitoring/evaluation of policies, strategies and programmes for children. The Government also indicates that ten regional childhood protection boards have been set up, which enabled the identification in 2017 of over 17,000 child victims of violence, exploitation, discrimination, abuse and negligence, including working children. It adds that awareness-raising events against child labour were organized during the year. The Committee further notes the Government’s information in its supplementary report that virtual training was carried out in 2020 on child labour in agriculture and stockbreeding, in order to assist formal and non-formal education structures to raise the awareness of children from rural communities regarding the prohibition and dangers of child labour in agriculture and stockbreeding. Ten civil society organizations located in Guidimakha (in the south of the country) received this training.

Furthermore, the Committee notes the ILO information that, in the context of the “MAP 16” project launched in Nouakchott in March 2019, an agreement was established in the small-scale fishing sector to combat child labour in national supply chains. In addition, the Ministry for Children and the Family was due to launch an interactive guide in October 2019 for the prevention of child labour in Mauritania, designed, inter alia, for members of the PANETE-RIM steering committee and members of the national child protection system.

The Committee observes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of November 2018, expressed deep concern at the high prevalence of child labour in the informal, agricultural, fishery and mining sectors, and at the lack of resources allocated for the implementation of the PANETE-RIM (CRC/C/MRT/CO/3-5, paragraph 40).

Furthermore, the Committee notes the observations of the CLTM, to the effect that children work in all sectors of activity, including hazardous work likely to jeopardize their health, safety or morals.

While noting the measures taken by the Government, the Committee expresses its concern at the situation of children working below the minimum age, often in hazardous conditions. The Committee urges the Government to continue its efforts to ensure the progressive elimination of child labour and to continue providing information on the activities and results of the National Plan of Action on the Elimination of Child Labour (PANETE–RIM). The Committee also requests the Government to provide information on the activities of the National Council for Children and on the regional childhood protection boards for combating child labour.

Article 3(3). Admission of children to hazardous work from the age of 16 years. In its previous comments, the Committee noted that although section 1 of Order No. 239 of 17 September 1954, as amended by Order No. 10.300 of 2 June 1965 concerning child labour, prohibits the employment of children under 18 years of age in hazardous work, certain provisions, such as sections 15, 21, 24, 25, 26, 27 and 32 of Order No. 239 and section 1 of Order No. R-030 of 26 May 1992, set forth exceptions to this prohibition for young persons between 16 and 18 years of age. The Committee also noted the allegation made by the General Confederation of Workers of Mauritania (CGTM) that children are exploited in hazardous work in the major cities, and it asked the Government to ensure that the performance of hazardous work by young persons between 16 and 18 years of age is only authorized under strict conditions of protection and prior training, in accordance with Article 3(3) of the Convention. The Committee notes the Government’s indication that it will take the necessary steps to bring the national legislation into line with the Convention, as part of the review of the Labour Code, and that it will ensure that the Orders in question are amended so as to provide that the performance of hazardous work by young persons between 16 and 18 years of age is only authorized in accordance with Article 3(3) of the Convention. The Committee expresses the firm hope that Orders Nos 239 and R-030 will be amended so that the performance of hazardous work by young persons between 16 and 18 years of age is only authorized in accordance with Article 3(3) of the Convention. The Committee requests the Government to provide information on the progress made in this respect.

Article 7(3). Determination of light work. In its previous comments, the Committee noted that, under section 154 of the Labour Code, no child between 12 and 14 years of age may be employed without the express permission of the Minister of Labour, and only under certain conditions restricting the hours of such employment. Observing that a substantial number of children were working below the minimum age of 14 years for admission to employment or work, the Committee requested the Government to take the necessary steps to ensure that the competent authority determines the activities in which the employment of, or light work by, children between 12 and 14 years of age may be permitted.

The Committee notes the Government’s indications that, as part of the review of the Labour Code, it will take the necessary measures to determine the activities in which the employment of, or light work by, children between 12 and 14 years of age may be permitted. The Committee expresses the firm hope that the Government will take account of the Committee’s comments, so that the activities in which the employment or work of children between 12 and 14 years of age is permitted are determined by the competent authority. It requests the Government to provide information on progress made in this respect.

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

Comments adopted by the CEACR: Mauritania

Adopted by the CEACR in 2021

C003 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C014 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C052 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C062 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

1. White Lead (Painting) Convention, 1921 (No. 13)

2. Safety Provisions (Building) Convention, 1937 (No. 62)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C102 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C102 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C118 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C143 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

C094 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C096 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C096 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Comments adopted by the CEACR: Mauritania

Display the list by:

Adopted by the CEACR in 2021

C003 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C014 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C052 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C062 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

1. White Lead (Painting) Convention, 1921 (No. 13)

2. Safety Provisions (Building) Convention, 1937 (No. 62)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C102 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C102 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C118 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C143 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

C094 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C096 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C096 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)