Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mauritania (Ratification: 1961)

Civil liberties. In its previous comments, the Committee noted with concern the observations of the International Trade Union Confederation (ITUC) and of the General Confederation of Workers of Mauritania (CGTM) from 2017, concerning the violent repression resulting in deaths and the systematic arrests during trade union demonstrations. Deeply regretting the absence of information in this regard in the Government’s report, the Committee once again urges the Government to provide its comments in response to the serious allegations above.

Article 3 of the Convention. Trade union elections. The Committee notes the Government’s indication that the Ministry of Public Service and Labour has launched an inclusive process to determine which trade union organizations are the most representative. The Committee notes with interest the establishment of a technical committee created by the Ministry and the road map drawn up for the committee, including the adoption of regulations regarding the determination of representativity. The Committee requests the Government to provide information on any developments related to the reform of the electoral process for determining representativity with a view to holding the elections of workers’ representatives.

Articles 2 and 3. Legislative amendments. The Committee recalls that its previous comments concerned the following points:

• Right of workers to establish and join organizations of their own choosing without prior authorization. The Committee emphasized the need to amend section 269 of the Labour Code, which makes the exercise of the right organize by minors having access to the labour market as workers or apprentices (at 14 years of age, according to section 153 of the Labour Code) subject to permission from their parents or guardian.
• Right to organize of magistrates. The Committee requested the Government to indicate the legal basis ensuring that magistrates enjoy the right to establish and join organizations of their own choosing and to provide information on the organization in which magistrates exercise their trade union rights.
• 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 requested the Government to take the necessary measures to: (i) review sections 268 and 273 of the Labour Code in order 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; and (ii) amend section 278 of the Labour Code, which makes any change in the administration or leadership of a trade union subject to approval by the competent authorities before it can take effect.
• Compulsory arbitration. The Committee emphasized the need to amend section 350 of the Labour Code, to restrict recourse to compulsory arbitration in the event of collective disputes only 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. The Committee recommended amending section 346 of the Labour Code to reduce the maximum duration of the mediation phase (120 days) before a strike may be called.
• Strike pickets. Finally, the Committee requested the Government to amend section 359 of the Labour Code which prohibits the peaceful occupation of workplaces or their immediate surroundings and imposes penal sanctions against a worker for having carried out a peaceful strike, with the possibility of prison sentences for such acts.

The Committee notes that the only legislative development mentioned by the Government concerns section 346 of the Labour Code. In this regard, the Committee notes that the draft amendment to this section reduces the period of mediation from 120 days to 60 days which, in the Committee’s opinion, remains excessive. Otherwise, the Committee notes with regret that the Government has not provided the information requested, and limits its response to indicating its intention to take up the revision of the Labour Code, without supplying details of the amendment of the provisions in question. Recalling that the matters raised above have been the subject of comments it has made over many years, the Committee expects that the current revision of the Labour Code will take due account of the recommendations it has made on the whole range of points set out above and urges the Government to take the necessary measures to conclude the revision of the Labour Code very shortly. The Committee reminds the Government that it may avail itself of ILO technical assistance in this regard, and requests the Government to continue to report on all developments.