Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 81) sur l'inspection du travail, 1947 - Mauritanie (Ratification: 1963)

The Committee notes the observations made by the General Confederation of Workers of Mauritania (CGTM), received on 30 August 2016, which reiterate the observations made previously.

The Committee recalls that at the 102nd Session of the International Labour Conference in June 2013, the Committee on the Application of Standards (CAS) requested that the Government provide a detailed report on the application of the Convention by Mauritania. However, the Committee recalls that the Government did not provide a report in 2013 and that only partial information was provided in 2014. In 2015, the Committee once again requested that the Government provide a detailed report and made specific comments on the points raised below. It notes that the detailed report has not been provided, and that the Government’s report once again provides only partial information.

The Committee also notes that ILO technical assistance concerning the labour inspectorate is currently being provided. This assistance covers, among other matters, the issues the Committee has raised.

The Committee therefore once again requests the Government to provide detailed replies to its comments, and to provide information on any measures taken or envisaged in the context of the technical assistance, in order to improve the application of the Convention.

Articles 6 and 15(a) of the Convention. Status and conditions of service of labour inspectors and controllers such as to ensure their stability of employment and independence from changes of government and from improper external influences. In its previous comments, the Committee requested that the Government provide information on the status and conditions of service of labour inspectors as compared to those of public officials discharging similar duties, such as tax inspectors, and details of the compensation to which labour inspectors in the various categories are entitled. In this regard, the Government indicates in its report that it has spared no effort to ensure an appropriate standard of living for labour inspectors and secure their independence. The Committee welcomes the information provided by the Government that labour inspectors and controllers benefited from salary increases in 2013 and 2015, and that allowances for housing, furnishing and urban transport are an integral part of their salaries and are provided on a monthly basis. The Government also refers to Decree No. 2013-187/PM of 15 December 2013, supplementing certain provisions of Decree No. 99-001/PM of 11 January 1999 harmonizing and simplifying the system of remuneration for State officials which establishes the amount of hardship allowances, incentive bonuses and pay for on-call duties for labour inspectors and controllers. With regard to tax inspectors, the Government adds that they receive a bonus on tax receipts, a bonus for the recovery of unpaid taxes and a productivity bonus, and that 20 per cent of the product of fines, penalties and confiscations for violations of customs and exchange control rules is distributed among them. The Government also indicates that, in collaboration with the General Directorate of the Public Service, it has embarked upon the implementation of a career plan for labour inspectors, taking into account the comments made by the Committee and the social partners. However, the Committee notes that, according to the CGTM, labour inspectors do not benefit from a specific status protecting and organizing the profession, that their salaries are not commensurate with their duties, and that independence in the discharge of their duties is a matter of concern for trade unions. The Government observes, in this respect, that action taken by the Labour Department is broadly explained in its report and it contests the observations of the CGTM concerning the absence of a specific status for labour inspectors. The Government refers in this regard to Decree No. 2007-21 of 15 January 2007 issuing specific conditions of service for the labour administration, which establishes such a status. While noting the information provided by the Government, the Committee firmly encourages the Government to continue taking all necessary measures to ensure, for labour inspectors and controllers, stability of employment, career prospects and salaries that are commensurate with their responsibilities.

Articles 10, 11 and 16. Need to reinforce the financial and material resources available to the labour inspection services and the inspection staff for the effective discharge of inspection duties. Further to its request on this point in its previous comment, the Committee notes the Government’s indication that there are a total of 13 regional labour inspectorates (including three created in 2014), in which 52 labour inspectors and 19 labour controllers are employed, and that all of the regional inspection services are allocated an annual budget for their operational needs. All inspection services were provided with computers, portable telephones, photocopiers, scanners, chairs, seats for the public, carpets and air-conditioning, during the first quarter of 2014. Nevertheless, the transport facilities are inadequate; namely, five four-wheel drive vehicles for 13 inspectorates, and old vehicles are to be made available to the other inspection services if the resources so permit. The Committee further notes, from the comments in the summary of the reports of regional inspectorates for 2014, the inadequacy of the transport facilities, the need to repair and maintain existing vehicles and state of dilapidation of the premises of certain inspectorates. The Committee also notes that the CGTM, observing that the Government has recently extended the geographical coverage through the establishment of new labour inspectorates, considers that labour inspectors discharge their functions under derisory working conditions, without transport facilities while covering fairly large areas. In this regard, the Government emphasizes the substantial improvements made recently which henceforth enable labour inspectors and controllers to substantially improve the discharge of their duties. The Committee requests that the Government take measures to improve the means of transport necessary for the discharge of the duties of labour inspectors, particularly in the regional inspectorates that are furthest from urban areas, to cover the maintenance and repair costs of existing vehicles and to reimburse any travel expenses and additional expenses incurred by labour inspectors and controllers in the necessary discharge of their duties. It also requests that the Government provide information on the measures adopted or envisaged to remedy the conditions of inspection services.

Articles 19, 20 and 21. Preparation, publication and communication to the ILO of an annual inspection report. With reference to its previous comments concerning the communication to the ILO of annual inspection reports, the Committee notes that, according to the summary of the reports of regional labour inspectorates for 2014, only eight of the existing 11 regional inspectorates provided annual reports and, due to the arrangement of administrative areas, the reports of three regional labour inspectorates are only partial. The Committee observes that the summary is very brief and does not allow for the overall assessment of the activities of the labour inspectorate and their outcome. The Committee requests that the Government take the necessary measures, including technical assistance if necessary, to develop a system for the collection and compilation of data with a view to the preparation by local inspection offices of periodic reports so as to enable the central inspection authority to prepare an annual report in accordance with the relevant provisions of the Convention.

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