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

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Mauritania (Ratification: 2019)

The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM), received on 29 August 2023.

Article 1 of the Convention. Respect for migrant workers’ basic human rights. The Committee notes the Government’s indication, in its report, that in 2021 the Ministry of the Civil Service and Labour, as part of its efforts to eliminate forced labour and end modern slavery and trafficking in persons, piloted a review (focusing on the regulatory framework and practice) of intermediary activity in the recruitment of foreign labour to the Mauritanian labour market and the protection rights of migrant workers, more specifically with regard to the employment of foreign labour in the construction sector. The Committee notes, however, that the Government does not provide information on the results of this review, neither as findings nor as recommendations. In this respect, it notes the observations of the CGTM that the right to health, education and other social services is not fully granted to migrants, as was demonstrated during the COVID-19 pandemic.

In addition, the Committee notes the Report of the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, which indicates that: (i) Mauritania attracts migrants from across West Africa as both a transit country for those seeking to reach Europe and a destination country for employment. Although some migrants take up formal work, the vast majority reportedly work informally, without contracts or residence permits; (ii) various contemporary forms of slavery are present in Mauritania, including forced labour and labour exploitation, as well as domestic servitude, affecting Mauritanian nationals of all backgrounds, as well as migrants; and (iii) migrants face a range of abuses, including wage theft and unpaid labour (A/HRC/54/30/Add.2, 21 July 2023, paras 31, 64 and 65). The Committee also notes that according to the Government’s report to the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW): (i) a road map for the eradication of contemporary forms of slavery and a corresponding action plan have been adopted; and (ii) the Commission on Human Rights, Humanitarian Action and Relations with Civil Society is the main public institution for human rights and is responsible, among other things, for drawing up and implementing national policy for the promotion and protection of human rights (CMW/C/MRT/2, 26 May 2023, paragraphs 18 and 112). The Committee also notes that under section 2 of Decree No. 0013-2021 of 13 January 2021 regulating the structure and functioning of the above Commission, that the Commission is responsible for ensuring: (i) the implementation and monitoring of international human rights obligations; and (ii) the harmonization of the national legislative and regulatory texts with the principles and standards of ratified international human rights instruments. With regard to Mauritanian workers abroad, the Government indicates, in its report to the CMW, that Mauritanian missions abroad provide Mauritanian nationals with diplomatic and consular protection and assistance, where necessary, and that to ensure that the consular services more effectively fulfil their mission of protecting and promoting the rights of Mauritanian migrant workers and members of their families, a consular affairs officer is appointed in each mission to monitor all cases where Mauritanian nationals are in need of consular assistance. This officer is required to visit persons deprived of their liberty and those subject to an expulsion order (CMW/C/MRT/2, paragraphs 93 and 94). The Committee requests the Government to respond to the observations of the CGTM on the basic rights of migrant workers relating to health, education and other basic social services. It requests the Government to provide detailed information on: (i) the results of the review conducted in 2021 of the intermediary activity in the recruitment of foreign labour and the measures taken further to these results; (ii) the activities of the Commission on Human Rights, Humanitarian Action and Relations with Civil Society concerning the protection of the basic rights of foreign workers in Mauritania; and (iii) any other measures adopted to ensure the protection of the basic rights of foreign migrant workers in Mauritania, whether or not they are in a regular situation. The Committee once again requests the Government to indicate whether the basic rights recognized for citizens under the Constitution are also recognized for foreign workers in the country. Lastly, it requests the Government to provide examples of specific measures taken to ensure respect for the basic rights of Mauritanians working abroad, particularly by its missions and consulates.

Article 2. Migration flows. Measures aimed at combating clandestine movements of migrants, illegal employment of migrants, and sanctions. The Committee notes the Government’s information that: (i) in 2019, the National Agency for Statistics and Demographic and Economic Analysis (ANSADE) signed a partnership agreement with the International Organization for Migration (IOM) for the collection of migration-related data; (ii) many studies have been carried out as part of the partnership with the IOM and the results have been shared with the social partners; (iii) the National Agency for Civil Registration and Identification has initiated the registration of foreign nationals in order to assess their presence on the national territory; (iv) the police and the Gendarmerie also have databases for the collection of data at the country’s entry points; and (v) the harmonization of all these data constitutes a major challenge and discussion is needed on how to centralize the data in a single system to enable the generation of reliable statistics. The Committee notes the Government’s indications but highlights that it has not provided any statistical data specifically on migratory flows. It notes nonetheless that the CGTM, in its observations, points out that the Migration Data Information and Management System was strengthened by the registration of all migrants in the database of the National Agency for Civil Registration and Identification. In the light of all the statistical data collected, even randomly, the Committee once again requests the Government to provide statistics, disaggregated by sex and nationality on: (i) migration flows departing from and arriving in Mauritania; (ii) where available, the number of foreign workers residing legally in the country and the number of workers in an irregular situation; and (iii) the number of Mauritanian nationals who have left Mauritania to seek employment abroad and who are in either a regular or irregular situation.

Articles 3 and 4. Systematic collaboration and exchange of information with other Member States to prevent and suppress clandestine migration and illegal employment. The Committee notes from the CGTM’s observations that enforcement measures have been intensified at land borders, especially with Mali, to combat the massive influx of children into Mauritania for the purpose of domestic work some years ago. The Committee also notes that, in its report to the CMW, the Government indicates that: (i) the National Agency against Trafficking in Persons and Smuggling of Migrants is primarily responsible for developing and implementing strategies and programmes to combat the trafficking in persons and smuggling of migrants in Mauritania and is helping to develop the sharing of experience and information with its counterparts in other countries, particularly in the subregion; and (ii) Mauritania has signed several bilateral and multilateral agreements, particularly with neighbouring countries, to encourage regular migration and to guarantee sound, equitable and humane conditions for Mauritanian migrant workers living abroad. In these agreements, Mauritania insisted on establishing procedural safeguards for its nationals so that they can assert their rights and obtain compensation, where appropriate (CMW/C/MRT/2, paragraphs 23, 29 and 98). The Committee notes from the National Strategy Paper for Better Migration Management of October 2010, prepared in collaboration with the European Union, that Mauritania has signed agreements with France, Morocco, Algeria, Gambia, Senegal, Tunisia, Mali and Spain with the aim of regulating migratory flows in the context of the free movement of people and goods. The Committee recalls that under Article 3 of the Convention, Member States which have ratified it, are obliged to adopt necessary measures to suppress clandestine movements of migrants and against the organizers of illicit movements of migrants. The Committee therefore requests the Government to provide examples of specific actions taken by the National Agency against Trafficking in Persons and Smuggling of Migrants to combat trafficking in persons and protect migrants against abusive employment conditions, in cooperation with its counterparts in foreign countries (including any statistical data) and to indicate whether the social partners are consulted as part of these mechanisms, as required under Article 4 of the Convention. It also requests the Government to confirm that there are systematic exchanges with the above-mentioned countries and to indicate the measures taken or envisaged to: (i) make public the bilateral and multilateral agreements on migrant labour; and (ii) inform migrant workers of their provisions (paragraph 13.1 of the ILO General principles and operational guidelines for fair recruitment, adopted in 2016 by the Governing Body).

Article 6. Effective detection of the illegal employment of migrant workers. The Committee notes the Government’s information that labour inspectors play a very important role in detecting offences committed by employers recruiting foreign workers without a work permit. However, it notes that the Government refers to section 18 of Decree No. 2022-022 of 4 March 2022 establishing foreign labour employment conditions and foreign worker work permits, which provides for penalties for workers recruited without a work permit but not for employers. Furthermore, the Committee notes that, in his above-mentioned 2023 report, the Special Rapporteur on contemporary forms of slavery, including its causes and consequences stated that labour inspections rarely took place and that when they did, working conditions of migrant workers were not regarded as a priority (A/HRC/54/30/Add.2, paragraph 86). The Committee thus recalls that cooperation between the labour inspectorate and immigration authorities should be carried out cautiously keeping in mind that the main objective of the labour inspection system is to protect the rights and interests of all workers, and to improve their working conditions, rather than the enforcement of immigration law. Where a large proportion of inspection activities relate to verifying the immigration status of migrant workers, this may mobilize considerable resources in terms of staff, time and material resources, to the detriment of those allocated to the inspection of conditions of work and deter them from making complaints (see the General Survey of 2016 concerning the migrant workers instruments, paragraph 482). The Committee requests the Government to specify whether penalties are set out for employers who have not obtained the required prior authorization and who have unlawfully recruited or used the services of a foreign worker, and to refer to the relevant legal text. It once again requests the Government to provide information on: (i) the role of the labour inspectorate in the verification of the status of migrant workers; (ii) activities aimed at detecting the presence of illegally employed migrant workers or the organization of clandestine migration for employment; and (iii) the number and nature of any legal procedures and administrative, civil or criminal sanctions imposed on those who organize clandestine migration for employment or those who illegally employ migrants.

Article 9(1) and (2). Rights arising out of past employment and the possibility of defending rights. The Committee notes that, pursuant to section 22 of Decree No. 2022-022 of 4 March 2022 establishing foreign labour employment conditions and foreign worker work permits, all decisions to reject or to withdraw authorization to engage a foreign worker or grant a work permit may be subject to appeal by the applicant before the Minister responsible for employment. For this purpose, an application must be submitted by the person concerned in the two months after he or she has been notified of the decision. The Committee also notes the Government’s indication that no courts or other institutions have issued decisions in this regard. The Committee requests the Government to continue to provide information on any court proceedings brought by migrant workers under section 22 of Decree No. 22-022.It once again requests the Government to indicate the measures adopted to allow migrant workers whose residence permit cannot be renewed to appeal expulsion orders and to enjoy equality of treatment regarding their rights arising out of past employment, particularly relating to social security and other services, but also remuneration.

The Committee notes that the Government’s report contains no information on several issues raised in its previous comment. It is therefore bound to repeat its previous comments and hopes that the next report will provide full information on the following points.

Article 7. Consultation of the social partners. The Committee notes that the National Strategy for better management of migration, adopted in 2010, provided for the establishment of a system for the management, monitoring and evaluation of migration, with the participation of the social partners, in particular through the establishment of a National Committee for the Management of Migration. The Committee also notes that the Government indicates its intention to reinforce cooperation with the social partners by setting up a National Council for Social Dialogue (Decree No. 2021-012 of 26 January 2021, establishing the National Council for Social Dialogue), which will allow discussions with the tripartite constituents on how to integrate migrant workers and protect their rights. The Committee requests the Government to indicate whether the National Committee for the Management of Migration has been put in place in practice and if so, to provide detailed information on its activities. It also requests the Government to provide information on the activities of the National Council for Social Dialogue in respect of labour migration.

Article 9(3). Cost of expulsion. The Committee notes that according to section 33(b) of Decree No. 64-169 of 15 December 1964 regulating immigration in the Islamic Republic of Mauritania, when a foreign national residing in Mauritania definitively leaves the national territory, the repatriation deposit paid on arrival must be refunded, after release by the Minister of the Interior, once it has been established that the foreign national is the holder of a ticket to travel abroad. Recalling that the Convention expressly provides that in case of expulsion of the worker or his family, the cost shall not be borne by them, the Committee requests the Government to specify whether the repatriation deposit is used to cover the cost of expulsion of the migrant workers and their families.

Article 10. National policy of equality of treatment of migrant workers. The Committee notes the Government’s indication according to which the National Strategy for better management of migration adopted in 2010 is currently undergoing revision in light of new governance contexts, especially the 2018 adoption in Marrakesh of the Global Compact for Safe, Orderly and Regular Migration by the international community. The Committee requests the Government to provide detailed information on the practical implementation of the National Strategy for better management of migration and, as appropriate, on its revision in light of the Marrakech Pact for Safe, Orderly and Regular Migration. More generally, it requests the Government to provide detailed information on the adoption of a national policy designed to ensure equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights, and of individual and collective freedoms for persons who as migrant workers or as members of their families, are lawfully within its territory.

Equality of treatment. Trade union rights. The Committee observes that section 273 of the Labour Code provides that members responsible for the administration or management of a trade union must, if they are foreign nationals, be able to justify five consecutive years’ exercise of the occupation defended by the trade union in the Islamic Republic of Mauritania. The Committee recalls that Article 10 of the Convention makes it obligatory for the Government to declare and pursue a national equality policy with respect to “trade union rights” and that the rules concerning the election of union officers should be left to the unions concerned. It further recalls that, if the principle remains that of unconditional equality of treatment, it has acknowledged in some cases certain exceptions for legislation restricting the ability of migrant workers to take up trade union office, it has emphasized that migrant workers should be able to take up trade union office at least after a reasonable period of residence in the host country (General Survey of 2016, paragraph 410). In light of the above, the Committee requests the Government to consider reducing the period of residence required for a foreign worker wishing to exercise trade union functions.

Article 12(c). Activities aimed at migrant workers. The Committee notes the Government’s indication according to which the Ministry for the Civil Service has organized a communication and awareness-raising campaign on the scope of, and issues arising from, the Convention, in the regions with a high concentration of migrant workers (Nouadhibou, Rosso, Sélibabi Alioune), aimed at the tripartite constituents and associating the territorial authorities and the security forces. The Committee requests the Government to provide information on the measures under consideration or adopted to encourage educational programmes aimed at acquainting migrant workers with their rights and enabling them to exercise them in practice.

Article 14(b). Recognition of qualifications. In the absence of information on this subject, the Committee requests the Government to give details of the measures taken to regulate recognition of occupational qualifications acquired outside its territory, including certificates and diplomas.

Article 14(c). Restricted access to limited categories and functions. The Committee observes that according to section 30 of Decree No. 64-169 of 15 December 1964 regulating immigration in the Islamic Republic of Mauritania, no foreign national may exercise in Mauritania, without special authorization of the Ministry of the Interior, the following occupations: customs officer, forwarder or freight forwarder, officer dealing with immigration and emigration, insurance agent, shipping agent, ship chandler, ship’s agent, director of a travel agency or of an airline company, public transport contractor, currency exchanger, printer, news agent, surveyor, arms and ammunition dealer, operator of hydrocarbon (derivatives or residues) depots, mineral prospector, hotel and bar keeper. The Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equality of treatment. The Convention does however authorize certain restrictions to the principle of equality of treatment with regard to access to employment: (1) Article14(a) allows the State to make the free choice of employment subject to temporary restrictions for a prescribed period not exceeding two years, while (2) Article14(c) permits restricting access to limited categories of employment or functions where this is necessary in the interests of the State (General Survey of 2016, paragraph 370). The Committee consequently requests the Government to examine the list of “protected” occupations in light of Article 14(c) of the Convention and to alter it accordingly. In the meantime, the Committee requests the Government to provide information on the manner in which the above-mentioned section 30 of Decree No. 64-169 of 15 December 1964 is applied in practice.