Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 3) sur la protection de la maternité, 1919 - Mauritanie (Ratification: 1963)

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.