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

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Mauritanie (Ratification: 2001)

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its previous comments, the Committee requested the Government to reply to the observations of the International Trade Union Confederation (ITUC) and the Free Confederation of Mauritanian Workers (CLTM), which specifically reported intimidation, pressure and interference by the Government in trade union affairs, and threats and acts of anti-union discrimination. The Committee notes the Government’s assertion that all the necessary measures have been taken to initiate investigations into the above-mentioned allegations and that the appropriate measures will be taken if the trade union rights recognized in the Convention are found to have been impaired. The Committee requests the Government to provide details on the above-mentioned investigations and to provide information on any developments in this regard.

Article 4. Right to collective bargaining. In its previous comments, the Committee expressed the firm hope that the necessary measures would be taken, with a view to amending sections 350–356 of the Labour Code so as to limit recourse to compulsory arbitration, in the event of a collective dispute, to essential services in the strict sense of the term. The Committee notes with regret that the Government confines itself to reiterating that it will take the necessary measures to ensure that these sections do not pose an obstacle to recourse to arbitration and to guarantee that this stage of the dispute proceedings is not left simply to the discretion of the Minister of Labour. Recalling that compulsory arbitration, in the context of collective bargaining, is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), to essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and to situations of acute national crisis, the Committee trusts that sections 350–356 of the Labour Code will be amended very soon, and requests the Government to provide detailed information on any measures taken in this regard.

Articles 4 and 6. Collective bargaining in the public sector. In its previous comments, the Committee repeatedly insisted on the need to take the necessary measures without delay, with a view to adopting the Decree establishing the list of public establishments covered by section 68 of the Labour Code, which provides that, where the personnel of public services, enterprises and establishments is not governed by specific conditions of service set out in legislation or regulations, collective agreements may be concluded in accordance with the provisions applicable to simple collective agreements. The Committee notes that the Government’s report does not provide any information on the adoption of this Decree. Recalling the importance of ensuring that, in accordance with the Convention, the right to collective bargaining is effectively recognized for all public servants and employees not engaged in the administration of the State, the Committee firmly expects the Decree establishing the list of public establishments covered by section 68 of the Labour Code to be adopted in the near future, and requests the Government to provide detailed information on any specific measures taken in this regard.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements. It urges the Government to provide information on the measures taken to promote the use of collective bargaining mechanisms.

Duly noting the Government’s indication that it wishes to avail itself of the technical assistance of the ILO, the Committee trusts that the Government will do its utmost to bring its legislation and practice into line with the Convention.