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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mauritania (RATIFICATION: 1963)

Other comments on C111

Observation

Direct Request

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Article 1(1) of the Convention. Definition and prohibition of discrimination. The Committee notes the adoption on 18 January 2018 of Act No. 2018-023, criminalizing discrimination. It notes that the definition of discrimination under section 1 appears to be more restrictive than the definition in the Convention, insofar as it refers to conformity with the Sharia. With regard to the grounds for discrimination prohibited by the new Act, the Committee notes that the general prohibition of discrimination under section 4 only concerns membership or otherwise of an ethnic group, race and language, while section 20, which covers specifically discrimination in all aspects of employment, establishes penalties not only for discrimination based on race but also on colour, extraction, origin, disability, sex or nationality. The Committee also notes that the provisions of the new Act on discrimination are not consistent with those of the Labour Code in this regard. In effect, the Code establishes the principle of non-discrimination solely with regard to access to employment, and covers race, national extraction, colour, sex, religion, political opinion and social origin (see sections 104 and 395) - the seven grounds expressly covered by the Convention. In addition, the Committee notes the concerns expressed by the United Nations Human Rights Committee, in its concluding observations, regarding the fact that “the lack of legal clarity may lead to many of the Act’s provisions being interpreted in such a way as to restrict the enjoyment of some rights and freedoms and perpetuate discriminatory practices” (CCPR/C/MRT/CO/2, 23 August 2019, paragraph 12). While welcoming the willingness expressed by the Government to strengthen the legal framework to combat discrimination, the Committee requests it to review the definition of discrimination in section 1 of Act No. 2018-023 to ensure it covers, without restriction, all of the grounds for discrimination highlighted in Article 1 of the Convention. In addition, in order to avoid any legal confusion and clarify the legal framework applicable to discrimination in employment and occupation, it also requests the Government to take measures to amend sections 4 and 20 of this Act, regarding the prohibited grounds of discrimination, to align them at least with the Labour Code and the provisions of Article 1(1)(a) of the Convention, specifying the aspects of employment and occupation covered, in accordance with Article 1(3) of the Convention.

General observation of 2018. Regarding its observation, the Committee wishes to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and differences in remuneration for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, and remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comment, the Committee once again pointed out the lack of any legislative or other measures to combat sexual harassment. The Committee notes the Government’s reference in its report to a Bill concerning violence against women and girls, which: (1) establishes comprehensive protection measures to prevent, punish and eliminate such violence and afford assistance to victims; and (2) includes provisions that define, prohibit and punish sexual harassment. In this regard, the Committee emphasizes ”the importance of taking effective measures to prevent and prohibit sexual harassment at work” and that “such measures should address both quid pro quo and hostile environment sexual harassment”. The Committee also recalls that “the protection against sexual harassment should cover all employees, male and female, with respect not only to employment and occupation, but also vocational education and training, access to employment and conditions of employment” (see the 2012 General Survey on the fundamental Conventions, paragraphs 789 and 793) and also that it should cover not only the harassment committed by employers or their representatives but also by colleagues and third parties (clients, suppliers etc.). The Committee also notes in this regard the Government’s reference to provisions in the Bill that require the head of the enterprise to take measures aimed at preventing sexual harassment, eliminating it and punishing the perpetrators of such acts. The Government also indicates that, as soon as the Act enters into force, a national plan on awareness-raising and prevention of violence against women and girls will be implemented, and that it plans to carry out a large-scale further and in-service training programme aimed at professionals who intervene in situations of violence. It adds that information and awareness-raising campaigns will be launched by the public authorities. The Committee warmly welcomes the raft of measures envisaged by the Government to combat violence, including sexual harassment, and hopes that, in the near future, they will result in legislative measures and strong initiatives to effectively combat sexual harassment in the areas of employment and occupation. The Committee requests the Government to provide information on: (i) the legislative status of the Bill on violence against women and girls and specific information on its content with regard to sexual harassment in employment and occupation; and (ii) any measures taken to inform and raise awareness of professionals and the public regarding issues related to sexual harassment (prevention, treatment of cases, complaints procedure, and the rights of and assistance for victims etc.).

Articles 2 and 5. Equality of opportunity and treatment for men and women. Positive measures for women. In its previous comment, the Committee highlighted the very low participation of women in the labour market, the high proportion of women who work without pay and the marked occupational segregation between men and women, and requested the Government to increase its efforts to take further proactive measures to promote gender equality in employment and occupation. The Committee notes that, according to the observations made by the General Confederation of Workers of Mauritania (CGTM) on the application of the Equal Remuneration Convention, 1951 (No. 100), in 2014 men’s participation rate (69 per cent) remained significantly higher than women’s. According to the organization, women represented around 30 per cent of all personnel in the public service and only 12 per cent in category A (compared with 30 per cent in category B and 58 per cent in category C). The CGTM also indicates that data show that, except in education and public health, women are under-represented, and it emphasizes that the gender disparities are both quantitative and qualitative. With regard to the private sector, the CGTM indicates that women represent only 8 per cent of personnel (only 5.5 per cent of whom hold positions of responsibility). Noting that the Government’s report is silent on this matter, the Committee reiterates its request to the Government to take appropriate measures, including those related to occupational guidance and training, to promote women’s access to a broader range of jobs, particularly those traditionally occupied by men, along with measures to promote equal access for men and women to productive resources, including credit and land. It requests the Government to provide information on any measures taken to this end in the public and private sectors, as well as recent statistical data, disaggregated by sex, on men’s and women’s participation in the private and public sectors (including the public service).

Article 3(a). Cooperation with social partners. The Committee notes the Government’s indication that, within the framework of the revision of the Labour Code, the principle of non-discrimination was not discussed as it is adequately covered in the Code, in accordance with the provisions of the Convention. The Committee recalls that, pursuant to Article 3 of the Convention, the Government must undertake to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies in promoting the acceptance and observance of the national equality policy. In this regard, it wishes to draw the Government’s attention to the fact that this cooperation goes beyond the discussions on the revision of the Labour Code. The Committee encourages the Government to address the issues relating to non-discrimination and equality in employment and occupation within the framework of social dialogue.

Article 3(d). Protection of civil servants and agents of the State against discrimination. The Committee recalls that Act No. 93-09 of 18 January 1993 issuing the general regulations of public servants and contractual agents of the State prohibits discrimination based on sex, race and opinion. In its previous comment, it requested the Government to indicate how, in practice, civil servants and contractual agents of the State are protected against discrimination in employment and occupation based on colour, religion, political opinion, national extraction and social origin, and to specify whether the term “opinion” within the meaning of sections 15 and 105 of Act No. 93-09 includes the notion of political opinion set forth in the Convention. The Committee notes the Government’s reply that: (1) the term “opinion” covers the notion of political opinion as set forth in the Convention and (2) in practice, civil servants are protected against discrimination in employment and occupation based on colour, religion, political opinion, national extraction and social origin by Act No. 93-09 and the 2009 Civil Service Code of Conduct. In order to further determine the effective protection afforded to civil servants against discrimination based on colour, religion, national extraction and social origin, the Committee requests the Government to provide: (i) information on the manner in which this protection may be applied, by specifying how, for example, a civil servant or a candidate for the public service who feels discriminated against based on his or her social origin or colour can put an end to any discrimination and assert his or her rights; and (ii) a copy of the relevant provisions of the 2009 Civil Service Code of Conduct.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution). The Committee continues to ensure follow-up to the recommendations adopted in 1991 by the Governing Body following a representation made by the National Confederation of Workers of Senegal (CNTS) under article 24 of the ILO Constitution with regard to the situation of black Mauritanian workers of Senegalese origin who, in terms of their employment, suffered the consequences of the conflict with Senegal in 1989. It notes that in reply to its previous request, referring to the allegations of the CGTM about these workers, the Government indicates that thousands of workers who were victims of the 1989 events have been reintegrated into the public service or, where they have reached the age limit, have benefited from pensions. The Government adds that those who have not been regularized, if there are still such cases, should address the competent services where measures will be taken or envisaged for them. Noting the Government’s commitment in this regard, the Committee requests it to continue taking measures to regularize the situation of Mauritanian workers of Senegalese origin who come forward and to provide information on any measure taken in that context.