Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Mauritanie (Ratification: 1963)

Articles 1 to 3 of the Convention. Prohibition of discrimination. The Committee notes the Government’s statement in its report that: (i) it will make all efforts to review, at the earliest opportunity, the definition of discrimination contained in section 1 of Act No. 2018-023 criminalizing discrimination so that it covers, without restriction, all of the grounds of discrimination set out in Article 1 of the Convention; (ii) it will take measures where necessary to amend sections 4 and 20 of this Act in accordance with Article 1(3) of the Convention. In the meantime, the Committee recalls that: (i) section 395 of the Labour Code sets forth the principle of non-discrimination in access to employment and covers the seven grounds provided for in Article 1(1)(a) of the Convention; (ii) section 20 of Act No. 2018-023, which also addresses discrimination in employment, covers a broader range of issues than simply access to employment (placement, vocation training, job offers, recruitment, compliance with the employment contract and dismissal), but only covers five of the seven grounds provided for by the Convention (the grounds of religion and of political opinion are not covered); and (iii) section 20 includes the grounds of disability and nationality in the list of grounds covered. The Committee emphasizes that a lack of clarity in the legal framework can give rise to interpretation difficulties. The Committee therefore requests the Government to ensure that any forthcoming legislative amendments will ensure sufficient clarity in the legal provisions against discrimination in employment and occupation, and will ensure their full conformity with the Convention. It requests the Government to provide information on the measures taken to this end.

Discrimination on the basis of race, colour, national extraction and social origin. Former slaves and descendants of slaves. The Committee notes that the Government affirms its commitment to take the necessary measures to combat discrimination and stigmatization of former slaves and descendants of slaves. The Committee therefore once again requests the Government to take specific measures to: (i) eliminate stigmatization and discrimination, and particularly social prejudices, in relation to former slaves and descendants of slaves; (ii) promote equality in employment and occupation without distinction as to race, colour, national extraction or social origin; and (iii) encourage the education, training and employment of persons affected by stigmatization and discrimination based on race, colour, national extraction or social origin. It urges the Government to provide information on: (i) the measures adopted in this regard and the results achieved; and (ii) the implementation of the ILO project, “Empowerment for Resilience: Survivors Combat Slavery and Slavery-based Discrimination in Mauritania and Niger (2022–2026)”.

Discrimination based on sex. Sexual harassment. The Committee notes the Government’s general statement that it is committed to taking the necessary measures to combat sexual harassment in employment and occupation. The Committee once again urges the Government to take effective measures in law and practice to: (i) define, prevent and prohibit sexual harassment in employment and occupation covering not only quid pro quo harassment, but also hostile working environment harassment; and (ii) inform and raise the awareness of workers, employers and their respective organizations, as well as labour inspectors and magistrates, concerning issues related to sexual harassment (prevention, treatment of cases, complaints procedures, assistance to and rights of victims, and so forth). It also requests the Government to provide information on the progress made in the legislative work on the Bill on violence against women and girls, to which the Government referred in a previous report.

Equality of opportunity and treatment for men and women. Positive measures for women. The Government once again states in general its commitment to taking the necessary measures. Consequently, the Committee once again requests the Government to establish a real gender equality policy in employment and occupation, in collaboration with workers’ and employers’ organizations, and in particular to take specific measures to: (i) promote the access of women to a broader range of formal jobs, and particularly the jobs traditionally reserved for men and positions of responsibility, as a means of combating the horizontal and vertical occupational segregation of women and men; (ii) improve the access of women to productive resources, and particularly credit and land, and new technologies; (iii) take action to combat actively socio-cultural and gender stereotypes, particularly through awareness-raising campaigns; and (iv) improve the reconciliation of family and work-related responsibilities and the sharing of domestic responsibilities. It requests the Government to provide information on: (i) any measures taken in this regard and the results achieved; (ii) the implementation and results of the National Strategy for Gender Mainstreaming (2015–2025); (iii) the activities of the National Observatory on the Rights of Women and Girls in relation to employment and access to productive resources; and (iv) recent statistical data, disaggregated by sex, on the participation of women and men in the private and public sectors (public service and other public employment).

The Committee is raising other matters in a request addressed directly to the Government.