CMNT_TITLE

Labour Inspection Convention, 1947 (No. 81) - Mauritania (RATIFICATION: 1963)

Other comments on C081

Observation

Direct Request

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The Committee notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 25 July 2017, and the Government’s reply to them. It also notes the observations of the General Confederation of Workers of Mauritania (CGTM), received on 4 September 2017. The Committee requests the Government to send its comments on the observations of the CGTM.

The Committee emphasizes that, further to a request for technical assistance from the Government, the ILO undertook in 2016 an audit of the needs of the labour administration and inspectorate (2016 audit). Noting that the recommendations of the audit correspond to a large extent to the Committee’s previous comments, the Committee welcomes the fact that a roadmap has been drawn up to implement a number of these recommendations.

Article 3(2) of the Convention. Additional duties. Conciliation and mediation. Noting the recommendations of the 2016 audit in this regard, the Committee notes with interest the Government’s indications that Order No. 0743 of 23 August 2017 establishing the structure and territorial competencies of regional labour inspectorates has separated the structures dealing with enforcement of the labour legislation from those responsible for dealing with labour disputes. The Committee notes that, under section 2 of the Order, regional labour departments are now responsible for settling labour disputes while labour divisions and districts are exclusively responsible for enforcing the labour legislation and regulations. The Committee requests the Government to indicate the number of labour inspectors and controllers (assistant inspectors) who only have to perform primary duties, as provided for in Article 3(1) of the Convention.

Articles 6 and 15(a). Status and conditions of service of labour inspectors and controllers such as to ensure their stability of employment and independence from changes of government and from improper external influences. The Committee notes the findings of the 2016 audit concerning the existence of a real pay gap between staff of the labour inspectorate and staff of other government inspection departments, who receive better remuneration (such as tax inspectors or education inspectors). According to the audit, the existing career model is unlikely to increase the motivation of labour inspectors, who continue to leave the service to take up posts in the private or the semi-public sector that appear to offer better conditions of employment. The Committee notes the observations of the CLTM that the labour inspectorate continues to be subjected to undue influence by employers and the Government, thereby reducing the effectiveness of inspection activity. The Committee notes that the Government denies that it has influence over the work of the labour inspectorate. Noting the Government’s commitment to take measures in this regard, if resources allow, the Committee encourages the Government once again to take all necessary steps to provide labour inspectors and controllers with conditions of service, including adequate remuneration, that ensure stability of employment and career prospects. The Committee requests the Government to keep it informed in this regard.

Articles 10, 11 and 16. Financial and material resources available to the labour inspection services and number of inspectors for the effective discharge of inspection duties. The Committee notes the recommendations of the 2016 audit concerning the need for a substantial, long-term increase in budget allocations for the labour administration. The audit recommends the reinforcement of transport resources and the provision of personal protective equipment for labour inspectors. The audit also recommends that the number of labour inspectors and support staff should be increased, noting that many labour inspectors and controllers will retire between 2016 and 2020 and that inspections are few in number and tend to be reactive in nature. The Committee also notes the observations of the CLTM that the lack of material and human resources prevents labour inspectors from discharging their duties effectively and that without transport facilities it is impossible for them to have access to the workplaces in remote areas for which they are responsible.

The Committee welcomes the Government’s indications that ten new labour inspectors and nine new labour controllers have been appointed in the various inspection departments. The Government also refers to a project that is being negotiated to equip the inspection services with the vehicles and IT equipment needed for them to perform their duties. The Committee requests the Government to provide information on all follow-up measures taken in relation to the recommendations of the 2016 audit concerning financial and material resources available to the labour inspection services, including the provision of personal protective equipment. It also requests the Government to indicate the number of labour inspectors and controllers and how they are distributed within the various inspection services. It further requests the Government to provide information on the measures referred to by the Government in its report to strengthen the transport facilities needed to ensure the discharge of labour inspectors’ duties, including in inspection services furthest removed from urban centres.

Articles 19, 20 and 21. Preparation, publication and communication to the ILO of an annual inspection report. The Committee notes that no annual inspection report has been received. The Committee notes the findings of the 2016 audit that the labour inspection services do not have an integrated database of enterprises which keeps an inventory of inspections. It also notes the recommendation of the 2016 audit that there is a need to improve the control sheet and the system for the classification and archiving of documents, and to strengthen the ministry’s capacities for the collection and analysis of statistical and administrative data. Noting the Government’s indication that it will take the necessary measures in this respect, the Committee requests the Government once again to take the necessary steps, including with ILO technical assistance, to develop a system for the collection and compilation of data so that local inspection offices can draw up periodic reports, which can then enable the central inspection authority to draw up an annual report in conformity with the Convention.

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