Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Mauritanie (Ratification: 2001)

In its previous comments the Committee noted the observations from the International Trade Union Confederation (ITUC) dated 29 August 2008, which refer to acts of anti-union discrimination. The Committee notes the communication from the ITUC dated 24 August 2010 concerning cases of interference in trade union activities and anti-union dismissals. The Committee requests the Government to send its observations on the ITUC’s comments of 2008 and 2010.

Article 4 of the Convention. Right to collective bargaining. In its previous comments the Committee noted that sections 350–356 of the Labour Code allow the Minister of Labour to impose compulsory arbitration on the parties to collective bargaining. It reminded the Government that compulsory arbitration imposed upon the parties by the government authorities leading to a binding award is difficult to reconcile with the principle of free and voluntary negotiation set out in Article 4. The Committee notes the Government’s indication that account will be taken of its comments by limiting recourse to compulsory arbitration to essential services in the strict sense and that a technical committee composed of labour inspectors had been established to examine the aspects of the Labour Code that need revising. The Committee hopes that the Government’s next report will provide information on specific measures to revise the Labour Code with a view to limiting recourse to compulsory arbitration, in case of dispute, to essential services in the strict sense. The Government is also requested to supply the list of essential services.

Article 6. Collective bargaining in the public sector. In its previous comments the Committee referred to section 68 of the Labour Code, which states that, where the personnel of public services, enterprises and establishments is not governed by specific conditions of service set out in a law or regulations, collective agreements may be concluded in accordance with the provisions applicable to “simple” collective agreements. According to the Code, the list of establishments concerned shall be determined by decree. The Committee asked the Government to clarify the exact situation with regard to collective bargaining for personnel in the education sector (including research and training) and in air transport. On that occasion, the Government indicated its willingness to revise the general collective agreement of 13 February 1974 covering the air transport sector and to draw up sectoral agreements. Noting that the Government has not provided any reply to this question in its report, the Committee again requests the Government to take all the necessary steps to ensure, in accordance with the requirements of the Convention, that the right to collective bargaining is clearly established for all public employees and officials not engaged in the administration of the State, explicitly permitting the drawing up of agreements in the education sector and air transport and, more generally, in public establishments. The Government is also requested to send a copy of the decree determining the list of public establishments concerned by section 68 of the Labour Code.

Request for technical assistance. In general, the Committee notes the Government’s indications that the general collective agreement has become obsolete and needs to be updated. The Committee also notes the Government’s request for technical assistance from the Office with regard to amending the abovementioned legal provisions relating to compulsory arbitration and collective bargaining, on the one hand, and with regard to training for the social partners in collective bargaining techniques, on the other. The Committee hopes that this technical assistance will be provided as soon as possible. The Committee requests the Government to indicate any new development in this respect in its next report.