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Comments adopted by the CEACR: Mauritania

Adopted by the CEACR in 2021

C003 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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.

C014 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)) and 89 (night work (women)) together.
Articles 4 and 5 of Convention No. 14. Total or partial exceptions and compensatory rest. 1. Exemptions without compensatory rest. The Committee notes that, under sections 11 and 12 of Order No. 222 of 1953, as amended by Order No. 10298 of 2 June 1965, exemptions to weekly rest may be granted without compensatory rest. The Committee requests the Government to take the measures necessary to ensure that, as far as possible, provision is made for compensatory periods of rest for the suspension or diminution of weekly rest.
2. Weekly rest in the mining sector. The Committee noted previously that mine workers are allowed to work overtime for at least two weeks and, after this period, they can benefit from a week’s rest. The Committee asked the Government to indicate the maximum period of weekly rest which may be carried over. The Government indicates in its report that section 10 of Order No. 222 of 1953 applies in this case, and provides for the granting of compensatory rest, either collectively or on the basis of rotation, over a period that cannot exceed the two weeks that precede or follow the suspension of rest. The Committee notes this information, which answers its previous direct request.
Article 3 of Convention No. 89. General prohibition of night work for women. In its previous comment, the Committee noted that sections 164–169 of the Labour Code of 2004 prohibit the employment of women for night work in factories, works, mines and quarries, worksites, workshops and any premises attached thereto, while exceptions may be granted only for work to preserve perishable material, to prevent or repair serious unexpected accidents, or with respect to women employed in health and welfare services. It also noted the Government’s statement that, as part of the modernization of its labour legislation foreseen for 2015, it planned to draw from the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-specified conditions. The Committee notes that the Government indicates in its report that there have been no developments in this connection. The Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, and violate the principle of equality of opportunity and treatment between men and women (2018 General Survey on working time instruments, paragraph 545). The Committee therefore invites the Government, when working on its labour legislation, to examine sections 164–169 of the Labour Code in light of the principle of equality of opportunity and treatment between men and women, in consultation with the social partners. Recalling that the denunciation window for the Convention is open between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Minimum wage-fixing methods and consultation of the social partners. The Committee previously noted the information provided by the Government, in particular on the role of the National Labour, Employment and Social Security Council (CNTESS) in the adjustment of minimum wage rates, and also on the social negotiations in progress with the social partners concerning an increase in the level of the guaranteed inter-occupational minimum wage (SMIG). The Committee also noted the observations received in 2017 from the Free Confederation of Mauritanian Workers (CLTM), according to which the level of the SMIG has not changed since 2011 despite the rise in consumer prices and the Government’s commitment to adjust the SMIG every two years. The Committee notes that the Government indicates once again, in its report, that it monitors the work of the CNTESS on the adjustment of minimum wage rates but without providing any details of the progress or outcome of this work. The Committee once again requests the Government to take all necessary measures to ensure that the minimum wage rate review process gives rise to tangible results and to provide detailed information on this subject, including on the work of the CNTESS in this regard.

C062 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead) and 62 (safety provisions, building) together in a single comment.

1. White Lead (Painting) Convention, 1921 (No. 13)

Application of the Convention in practice. Further to its previous comments, the Committee notes that, according to the information provided by the Government in its report, in addition to the ordinary monitoring measures carried out by the various officials responsible for the enforcement of labour legislation, the General Directorate of Labour, in collaboration with the National Social Security Fund (CNSS) and the National Office for Occupational Medicine, organizes each year a national campaign for the application of labour legislation covering all sectors and all the regions of the country. During this campaign, monitoring teams are composed of labour inspectors and controllers, CNSS inspectors and occupational physicians. The Government indicates that no cases of morbidity or mortality caused by lead poisoning have been noted or reported to the public services. The Committee also notes a copy of the list of occupational diseases provided by the Government, which includes occupational lead poisoning. The Committee requests the Government to continue providing information on the control measures adopted to ensure the effective enforcement of the legislation in this respect, and statistics on cases of morbidity and mortality caused by lead poisoning, particularly in the construction sector.

2. Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that, on the recommendation of the Tripartite Working Group of the Standards Review Mechanism (SRM), at its 334th Session (October-November 2018), the Governing Body confirmed the classification of Convention No. 62 as an outdated instrument and included an item on the agenda of the 112th Session of the International Labour Conference in 2024 for its abrogation. The Governing Body also requested the Office to follow up and encourage the ratification of the up-to-date instrument, the Safety and Health in Construction Convention, 1988 (No. 167), and to provide technical assistance to countries requiring the most support. The Committee therefore encourages the Government to give effect to the decision taken by the Governing Body at its 334th Session (October-November 2018) approving the recommendation of the SRM Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.
Article 6 of the Convention. Statistical information. The Committee notes the Government’s indication in response to its previous request that the measures taken to resolve the main causes of occupational accidents are the intensification of inspections of building and public works construction sites and awareness-raising through such activities as the open days organized by the Ministry of the Public Service, Labour and Administrative Modernization, where subjects related to hygiene, health and safety are covered with invited representatives from employers’ and workers’ organizations. However, the Government indicates that it is not in a position to provide reliable statistics on the number of workers employed in the construction sector due to the inconsistent levels of activity in the sector. The Committee also notes that the Government’s report does not contain information on the number and classification of accidents suffered by persons engaged in work on construction, repair, alteration, maintenance and demolition sites for all types of buildings. The Committee requests the Government to continue providing information on the measures adopted or envisaged to resolve the main causes of occupational accidents. It also requests the Government to provide information on the measures adopted or envisaged to ensure the compilation of statistics on the number of workers employed in the construction sector and on the number and nature of the accidents reported in the sector.

C102 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Part XIII (Common provisions) of the Convention, Article 71(3) and Article 72(2). General responsibility of the State for the provision of benefits and the proper administration of the social security system. For many years, the Committee has raised questions regarding the application of the Convention in practice, in view of the concerns expressed by the Free Confederation of Mauritanian Workers (CLTM) and the General Confederation of Workers of Mauritania (CGTM), regarding the Government’s management of the national social security system. In its previous comments, the Committee noted the various measures taken by the Government and the national authorities to counter evasion of contributions, to ensure the registration of new employers with the National Social Security Fund (CNSS) and to increase effective coverage by simplifying administrative procedures. On the basis of that information, the Committee requested the Government to report on the progress achieved in the implementation of the announced reforms, in particular, in the context of the plan of action instigated by the CNSS for 2014–2020.
The Committee notes with regret the absence of tangible progress reported by the Government in this connection. The Committee nevertheless notes that, according to the Government, the Bill modifying and replacing Act No. 67-039 of 3 February 1967 establishing a social security scheme and its accompanying explanatory notes have been submitted to the competent technical body. The Government also indicates that the drafts of the implementing orders and decrees of the Bill have also been prepared and that they will be submitted to the technical body, following promulgation of the Act.
In light of the systematic problems related to the functioning of the social security system in Mauritania, the Committee recalls that under Articles 71(3) and 72(2) of the Convention, the State shall accept general responsibility for the due provision of the social security benefits provided as well as for the proper administration of the institutions and services of the social security system. As set out previously, the Committee considers that the proper administration of the social security system by the State, in conformity with the abovementioned Articles of the Convention, must be based on a clear and precise legal framework, reliable actuarial data, supervision by the representatives of the persons protected, an effective inspection system and sufficiently dissuasive penalties. The Committee therefore requests the Government to take the measures required to ensure the proper administration of the national social security system and provision of benefits, in conformity with Articles 71(3) and 72(2) of the Convention, and to give full effect to the Convention in practice. The Committee also requests the Government to provide information on the results of the CNSS plan of action for 2014-2020. It further requests the Government to provide a copy of the Act modifying and replacing Act No. 67-039 of 3 February 1967 establishing a social security regime, once it has been adopted, together with its implementing decrees and orders.
The Committee is raising other matters in a request addressed directly to the Government.

C102 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Part V (Old-age benefit) of the Convention, Article 27(a); Part VI (Employment injury benefit), Article 33(a); Part VII (Family benefit), Article 41(a); Part IX (Invalidity benefit), Article 55(a); and Part X (Survivors’ benefit), Article 61(a). Scope of application. In its previous comments, the Committee requested the Government to provide information on the implementation of social security reforms, including in particular the extension of the coverage of the social security system to all regions of Mauritania in 2017.
Noting the absence of information from the Government on this point, the Committee observes that, according to the national report of the Ministry of the Economy and Industry of Mauritania on the implementation of the Istanbul Programme of Action for Least Developed Countries (LDCs) of 25 February 2020, only a small proportion of the population benefits from social protection, due to the low numbers in wage employment in the formal economy among the economically active population. In this connection, the Committee also observes that the informal economy represents 89.4 per cent of employment in Mauritania, and only 40.6 per cent of workers are legally covered in terms of old-age and invalidity benefit, employment injury benefit and family benefit (ILO, World Social Protection Database, 2021). The Committee recalls that Articles 27(a), 33(a), 41(a), 55(a) and 61(a) of the Convention require the social security benefits provided for under these Articles to be guaranteed to not less than 50 per cent of all employees. The Committee requests the Government to provide statistical data on the number of persons protected covered by old-age and invalidity benefit, employment injury benefit and family benefit, in accordance with Title I of Article 76 of the report form for the Convention. Recalling that the objective of the Convention is to ensure that the largest number of workers enjoy the benefits provided for by the Convention for each of the contingencies accepted, the Committee requests the Government to supply information on the measures envisaged to extend protection through social security benefits to workers in the informal economy.
Part V (Old-age benefit), Article 29(2)(a), and Part X (Survivors’ benefit). Article 63(2)(a). Conditions of entitlement to a reduced benefit. The Committee notes that under section 52(1)(a) of Act No. 67-039 of 27 March 1967 establishing a social security system, as amended by Act No. 2021-007 of 22 February 2021, insured persons who reach the age of 63 years are entitled to an old-age pension if they have been registered with the National Social Security Fund (CNSS) for at least 20 years. Moreover, under the terms of section 55(1) of Act No. 67-039 of 27 March 1967, in the event of the death of the beneficiary of an old-age pension as well as the death of an insured person who, at the time of death fulfilled the conditions necessary to qualify for an old-age pension or who had paid insurance contributions for at least 80 months (15 years), the survivors are entitled to a survivors’ benefit.
The Committee recalls that by virtue of Article 29(2)(a) and Article 63(2)(a) of the Convention, a reduced benefit shall be secured at least to a person protected who has completed, prior to the contingency, in accordance with the prescribed rules, a qualifying period of 15 years of contribution or employment in respect of old-age benefit and five years of contribution or employment in respect of survivors’ benefit. The Committee therefore requests the Government to indicate: (i) whether an insured person with fewer than 20 years registration with the CNSS will be entitled to a reduced old-age pension after 15 years of contributions, in conformity with Article 29(2)(a) of the Convention; and (ii) whether a person protected whose breadwinner has contributed to the CNSS for a period of at least five years, is entitled to a reduced survivors’ pension, as required under Article 63(2)(a) of the Convention. The Committee also requests the Government to provide information on the periods that may be taken into account to meet the condition of registration set out in section 52(1)(a) of Act No. 67-039 of 27 March 1967 to secure entitlement to an old-age pension.
Part XI (Calculation of periodical payments). Article 65. Reference wage. With reference to its previous comments concerning the reforms announced by the Government regarding the raising of the earnings ceilings taken into consideration for the purposes of contributions, the Committee once again requests the Government to provide information, once the new ceilings have been introduced, on the reference wage applied to determine the replacement rate of benefits in accordance with Article 65 of the Convention.
Article 65(10). Adjustment of benefits. In its previous comments, the Committee noted the problems relating to the adjustment of cash social security benefits. In this connection, the Committee notes that under section 63 of Act No 67-039 of 3 February 1967 establishing a social security system, the rates of current periodical payments, provided either as annuities or pensions, may be revised by decree on the proposal of the Minister of Labour, following substantial changes in the general level of earnings resulting from substantial changes in the cost of living, taking financial possibilities into account and as a function of the evolution of the guaranteed minimum wage. The Committee recalls that, in accordance with Article 65(10) of the Convention, the rates of current periodical payments in respect of old age, employment injury (except in the case of incapacity for work), invalidity and death of the breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. The Committee underlines the importance of the adjustment of pensions and other benefits to guarantee the maintenance of their purchasing power, and considers that the capacity of the national pension system to maintain these two principles of the adjustment of pensions is an important indicator of the financial health of the system. The Committee requests the Government to provide statistics on the adjustment of old-age benefit, employment injury benefit (except in the case of incapacity for work), invalidity benefit and survivors’ benefit in conformity with Title VI of the report form under Article 65 of the Convention.
Application of the Convention in practice. Enforcement and inspection in social security. In its previous comments, the Committee the Government to indicate the progress made in implementing measures aimed at ensuring an effective social security inspection system. Noting the absence of information from the Government on this point, the Committee observes that, in accordance with section 68 of Act No. 67-039 of 3 February 1967 establishing a social security system, employers’ compliance with the provisions of the Act is ensured by CNSS inspectors. In particular, the CNSS website indicates that the CNSS inspectors are empowered to verify the elements determining the level of social security contributions, as well as payment of contributions, and to apply sanctions in case of violations related to contributions. The Committee therefore requests the Government to supply detailed information on enforcement by CNSS inspectors, including the number of inspections carried out, violations detected and sanctions imposed.

C118 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 5 and 8 of the Convention. Payment of benefits in the event of residence abroad. In its previous comments, the Committee noted that when a beneficiary originates from a State that has signed a reciprocity agreement or international social security agreement with Mauritania, the physical presence of the beneficiary is not required for entitlement to benefit or to organize the bank transfer of the benefits. The Committee also noted that Mauritania had concluded bilateral social security agreements with Algeria, Benin, France, Mali, Morocco, Senegal and Tunisia. In the event of residence in a country that is not bound to Mauritania by an international agreement, benefits may still be paid on condition that the beneficiary makes him or herself known to the Mauritanian embassies and consulates abroad. The Committee requested the Government to indicate how the beneficiaries of social security benefits were informed of this possibility for the payment of their benefits abroad when they leave the national territory for a country that is not bound to Mauritania by a social security agreement.
The Committee notes the Government’s reply, which indicates that the possibility of paying social security benefits abroad in a country that is not party to an international agreement is not covered by the regulatory framework, and that there is therefore no standard means of informing beneficiaries of their payment. The Committee recalls that under Article 5 of the Convention, each Member which has accepted the obligations of this Convention in respect of the branch or branches of social security concerned shall guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad, provision of invalidity benefits, old-age benefits, survivors' benefits and death grants, and employment injury pensions. The Committee notes that this obligation can be met by the conclusion of relevant multilateral or bilateral agreements under Article 8 of the Convention. However, the Committee recalls that the payment of benefits abroad provided under Article 5 of the Convention must be guaranteed even in the absence of such a multilateral or bilateral agreement with the country of residence of the beneficiary. The Committee requests the Government to supply statistical data on the number of beneficiaries who receive social security benefits paid by the Mauritanian social security system, who are resident in States that have not concluded an international agreement with Mauritania, and to specify the States concerned. The Committee also requests the Government to take the steps required to conclude multilateral or bilateral social security agreements with a view to guaranteeing the payment of benefits in the countries where the largest effective or potential beneficiaries reside, in application of Articles 5 and 8 of the Convention.

Adopted by the CEACR in 2020

C094 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s reply to the previous observations of the Free Confederation of Mauritanian Workers (CLTM) and to those of the General Confederation of Workers of Mauritania (CGTM), which was sent in its report. The Committee also notes the new observations made by the CLTM, received on 12 June 2019. The Committee invites the Government to send its comments in this regard.
Article 2(1) of the Convention. Inclusion of labour clauses. In its observations of June 2019, the CLTM reiterates its previous observations concerning non-compliance with the provisions of the Convention. The CLTM emphasizes that the beneficiaries of contracts awarded by the public authorities have no official status in law and that the award of these contracts lacks transparency. Specifically, the CLTM asserts that these contracts are awarded in most cases on the basis of mutual agreement without any call for bids. The CLTM adds that the beneficiaries of these contracts have recourse to subcontracting, even though this is prohibited, and do not possess an employer number at the National Social Security Fund (CNSS), a supplier account at the Department of Taxation or working capital. Moreover, according to the CLTM, it is impossible to trace these subcontractors since they do not have an address or registered office. The Government indicates in its reply that the observations of the CLTM are baseless. The Committee notes that the Government’s report merely reiterates its previous statements regarding the inclusion of labour clauses in all bid dossiers. In this regard, the Committee notes the provisions of Decree No. 2017-226/PM repealing and replacing the regulations implementing Act No. 2010-044 of 22 July 2010, stipulating that in order to determine the conditions in which contracts are carried out, the contract terms shall include both general and specific documents, including the labour clauses document containing legal and regulatory requirements regarding the protection of workers (section 41(c) of Act No. 2010-044). It also notes that section 44 of the above-mentioned Decree obliges the Public Procurement Committee (CPMP) and the contracting authorities to stipulate explicitly in every contract that bidding enterprises, suppliers and service providers shall undertake to comply in their bids with all laws and regulations or all provisions of collective agreements relating in particular to wages, to conditions of work, safety and the environment, and to the health and well-being of the workers concerned. They also remain guarantors for the observation of conditions of work, and are responsible for their application by any subcontractors. As regards the status of employers to whom public contracts are awarded, the Government indicates that the Department of Labour only grants a certificate of conformity to an employer after an inquiry to identify the company and determine its situation with respect to the application of the labour legislation. As regards the observations of the CGTM concerning the updating of the 1974 collective labour agreement, the Government indicates that the updating of that agreement depends on determining trade union representativeness to be able to conclude the negotiations. It adds that, to this end, consultations are under way with a view to holding elections. The Government also indicates that revising or updating the whole body of labour legislation is one of the major objectives of the Ministry of Labour and that two consultants (national and international) have been recruited to work on this matter. The Committee requests the Government to provide detailed information on the manner in which observance of the provisions of the Convention is ensured. Moreover, the Committee requests the Government to indicate the manner in which it is ensured that labour clauses are brought to the attention of bidders and of workers employed under the public contracts to which the Convention applies. The Committee further requests the Government to keep the Office informed of all progress made in relation to the updating of the 1974 collective agreement and the plans to revise the labour legislation.
Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee asked the Government to provide detailed information, including statistics, on the application of the Convention in practice. The Committee notes that the Government does not provide specific information on the application of the Convention, including no statistics on either public contracts or the number of workers covered by public contracts. The Committee therefore once again requests the Government to provide information, including statistics on the average number of public contracts granted annually and the approximate number of workers engaged in their execution, standard bidding documents and labour clauses, extracts from reports of the labour inspection services showing the number and nature of any offences recorded and penalties imposed, and any other information enabling the Committee to conduct a better appraisal of the manner in which the Convention is applied in practice.

C096 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s report. It also notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 12 June 2019, as well as the information provided by the Government in reply to these observations, received on 21 October 2019.
Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the Government's indication that there are currently no private or fee-charging employment agencies in the country, and that prior authorization by order of the Minister of Labour is required to open a private employment agency in Mauritania. The Government also indicates that some private employment agencies that were operating illegally were reported in 2017 in Nouakchott, but they were immediately closed by the General Labour Directorate and their files forwarded to the relevant public prosecutors. The Government also indicates that no other newly opened private or fee-charging employment agency has been reported to the Labour and Employment Administration. The Committee notes the CLTM's observations that employment agencies conducted with a view to profit should be limited in time, pending the establishment of public employment agencies, which should be subject to monitoring by the competent authorities in order to eliminate the abuse of which workers are often victims. The CLTM alleges a lack of transparency in the recruitment of workers by for-profit employment agencies, indicating that intermediary structures such as unofficial employment agencies benefit from the indifference, and even from the complicity of the authorities, and make it possible to deceive workers. The CLTM mentions in particular the case of domestic workers who were allegedly mistreated, abused and considered as slaves after being recruited by an employment agency to work in the Kingdom of Saudi Arabia. In its reply to the CLTM's observations, the Government indicates that job placement in Mauritania is regulated by the Labour Code and may also be subject to regulation by decree. It notes that under Decree No. 2005-02, the National Agency for the Promotion of Youth Employment (ANAPEJ) is the public institution responsible for job placements in the labour market, subject to certain derogations. Act No. 2009-025 and its implementing Decree No. 066-2011, which regulate private surveillance activities, guarding and cash transportation, provide, inter alia, that placements under this workforce category are exclusively the responsibility of enterprises that were federated under the auspices of the Ministry of the Interior into a single institution entitled the “Mauritanian Private Security Institution”. In addition, Decree No. 2014-172, which establishes the special employment conditions of port workers, provides that one way of using dockworkers may be through their supply by companies hiring port labour. In this regard, Order No. 2017-732 limited the number of accreditations to one company per port in Nouakchott and Nouadhibou for an interim period of three years. The Government also specifies that the employment and placement conditions for foreign workers are set out in Decree No. 2018-025. The Committee notes the Government’s indication that, in September 2019, it undertook an implementation study of a mechanism regulating private placements, based on a study carried out in 2018, which concluded that the absence of such a structure was causing lasting damage to the labour market. The Committee notes that the Government does not reply to the CLTM's observations alleging that domestic workers recruited by an employment agency to work in the Kingdom of Saudi Arabia were subjected to conditions of slavery. In this regard, the Committee notes the concerns expressed by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CRM), at its 308th meeting on the initial report of Mauritania, that, according to the information available to the Committee, "about 900 women working in the Gulf countries are victims of trafficking". (CMW/C/SR.308, 11 April 2016, paragraph 7; see also the concluding observations on the initial report of Mauritania, CMW/C/MRT/CO/1, 31 May 2016, paragraph 30)." The Committee recalls that the member States which have ratified Convention No. 96 and which, like Mauritania, have accepted Part II of the Convention, are bound to progressively abolish fee-charging employment agencies conducted with a view to profit. It also recalls that the ILO Governing Body invited States parties to Convention No. 96 to consider the possibility of ratifying, where relevant, the Private Employment Agencies Convention, 1997 (No. 181). The ratification of this Convention, which recognizes the role which private employment agencies may play in a well-functioning labour market, would ipso jure involve the denunciation of Convention No. 96. The Committee requests the Government to keep it informed of the outcome of the study undertaken on the implementation of a mechanism regulating private placements. It also requests the Government to forward information on any activities of the private employment agencies and any prospects to ratify the Private Employment Agencies Convention, 1997 (No. 181).
Application of the Convention (Part V of the report form). The Committee requests the Government to provide information on the application of Convention No. 96 in practice and on infringements of regulations in force, identified during labour inspections and the penalties imposed, as well as on any other measures taken or envisaged with a view to protecting workers against any abuse, particularly concerning recruitment and placement abroad.

C096 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s report. It also notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 12 June 2019, as well as the information provided by the Government in reply to these observations, received on 21 October 2019.
Part II of the Convention Progressive abolition of fee-charging employment agencies conducted with a view to profit. In its observations, the CLTM alleges a lack of transparency in the recruitment of workers by employment agencies conducted with a view to profit, indicating that intermediary structures, such as unofficial employment agencies, benefit from the indifference or even complicity of the authorities and allow for workers to be deceived. The CLTM mentions, in particular, domestic servants who were allegedly mistreated, abused and regarded as slaves after being recruited by an employment agency to work in the Kingdom of Saudi Arabia. The Committee notes that the Government is silent on the CLTM’s observations alleging that women domestic workers recruited by an employment agency to work in the Kingdom of Saudi Arabia have been subjected to conditions akin to slavery. In this regard, the Committee notes the concerns expressed by the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, at its 308th meeting concerning the consideration of the initial report of Mauritania that, according to the information available to the Committee, “around 900 women working in the Gulf countries are victims of trafficking” (CMW/C/SR.308, 11 April 2016, paragraph 7; see also the Concluding observations on the initial report of Mauritania, CMW/C/MRT/CO/1, 31 May 2016, paragraph 30). The Committee requests the Government to provide its comments with respect to the observations made by the CLTM in respect of domestic workers recruited to work abroad.
The Committee is raising other matters in a request addressed directly to the Government.
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