Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

The Committee notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 25 July 2017, specifically reporting intimidation, pressure and interference by the Government in trade union affairs. It also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017, which refer in particular to threats and acts of anti-union discrimination, and the Government’s reply to the observations of the ITUC, received on 1 September 2015. The Committee requests the Government to provide its comments in reply to the observations of the ITUC and the CLTM.

Article 4 of the Convention. Right to collective bargaining. In its previous comments, the Committee requested the Government to amend 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 the Government’s indication that some provisions of the Labour Code will be amended, to bring them into full conformity with the Convention, by the subcommittee responsible for social legislation of collective bargaining, which is currently pursuing its work. The Committee also notes the Government’s indication that greater attention will be paid to all of the Articles examined by the Committee of Experts, and that the committee set up to revise the Labour Code, which was established in 2016 and prepared the agenda for the subcommittee, has already identified all of the bottlenecks that may arise with regard to the full exercise of the right to organize. The Committee firmly expects that the necessary measures will be taken without delay by the Government, in full consultation with the social partners, with a view to amending sections 350–356 of the Labour Code. It requests the Government to provide detailed information on any progress made in this regard in its next report.

Article 6. Collective bargaining in the public sector. In its previous direct request, the Committee trusted that the Government would in the near future report the adoption of 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 the Government’s report does not provide a reply to its previous comments on the adoption of this Decree. The Committee firmly expects that the necessary measures will be taken without delay by the Government, in full consultation with the social partners, with a view to adopting the Decree establishing the list of public establishments covered by section 68 of the Labour Code. It requests the Government to provide detailed information on any progress made in this regard in its next report.