Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Discrimination on the basis of race, colour, national extraction or social origin. The Committee recalls the allegations by the Free Confederation of Workers of Mauritania (CLTM) emphasizing discriminatory practices in recruitment, occupation and job classification to which certain Mauritanians, particularly slaves, former slaves or descendants of slaves, are regularly exposed. Further to these allegations, the Committee asked the Government to indicate the specific measures taken to promote access on equal terms to training, employment and occupation for disadvantaged social and ethnic groups, irrespective of their race, colour or social origin. The Committee also expressed the hope of receiving statistics concerning the situation of these workers in the labour market in order to be able to evaluate the impact and progress of the national non-discrimination policy.

The Committee notes the Government’s indication that the labour administration services do not have any statistics based on ethnic origin or race as national policies cover all citizens, without any distinction made on the basis of race, social origin, religion or sex. The Committee also notes from the Government’s report that particular attention is given to the most disadvantaged sections of society in order to ensure their integration in the labour market. In particular, the Committee notes that measures have been taken to promote access to training, employment and occupation, particularly measures to promote literacy, vocational training and further learning. The Committee also notes that, according to the 2007–08 report of the National Committee on Human Rights, unequal access to education and employment, among other things, is causing increasing disparities between citizens. The Committee requests the Government to supply detailed information on the following:

(i)    the disadvantaged social and ethnic groups to which the Government gives particular attention;

(ii)   the resulting measures taken to eliminate any discrimination towards them and promote their access to training, employment and occupation irrespective of race, colour, national extraction or social origin; and

(iii) the number of persons belonging to these groups who have been able to benefit from these initiatives in practice.

Recalling the importance of collecting statistics to evaluate the impact and progress of the Government’s non-discrimination policy and to determine whether it is necessary to take special measures for certain disadvantaged groups, the Committee requests the Government to take the necessary steps to be able to provide such information in its next report.

With regard to the specific situation of slavery and practices similar to slavery which are still continuing today, the Committee notes the adoption on 9 August 2007 of the Act Criminalizing and Penalizing Practices Similar to Slavery. The Committee also notes the setting up of an inter-ministerial committee responsible for formulating a National Strategy to combat the effects of slavery, instituted by Decree No. 115.2006 of 12 October 2006. The Committee asks the Government to provide information on the progress made in adopting the national strategy, and on the measures that have been taken or envisaged in the context of this strategy to improve the training and employment opportunities of former slaves and descendants of slaves and to reduce discriminatory practices against them with respect to employment and occupation. The Committee also requests information on any court decisions concerning the application of the Act Criminalizing Practices Similar to Slavery. Please also provide information regarding the legal procedures and remedies available to disadvantaged men and women of all ethnic groups, in particular the former slaves and their descendants, who consider that they have been discriminated against. The Committee also requests the Government once again to indicate the measures taken or contemplated to ensure that the labour inspectorate is able to prevent such discriminatory practices in an effective manner.

With regard to the situation of black Mauritanian workers of Senegalese origin who, in terms of their employment, have suffered the consequences of the conflict with Senegal in 1989, the Committee continues to examine the action taken on the recommendations adopted in 1991 by the Governing Body with regard to a representation made by the National Confederation of Workers of Senegal (CNTS) under article 24 of the ILO Constitution. The Committee notes from the 2007–08 report of the National Committee on Human Rights that on 12 November 2007 the Mauritanian Government, the Senegalese Government and the Office of the United Nations High Commissioner for Refugees (UNHCR) signed an agreement establishing the legal framework for organizing the return of Mauritanian refugees. The Committee also notes that public discussions have taken place on measures for the integration or reintegration of these refugees and for establishing appropriate mechanisms in this regard. The Committee requests the Government to provide information on the progress made towards the practical application of these initiatives and, in particular, to supply detailed information on the measures taken or contemplated to reintegrate black Mauritanian workers of Senegalese origin into public employment or to compensate them or their dependants for the discrimination suffered following the events of 1989, including information on the number of persons who have benefited from these measures.

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