Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mauritania (Ratification: 2001)

Other comments on C098

Direct Request

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Articles 1 and 2 of the Convention. Adequate protection against acts of anti-trade union discrimination and interference. The Committee previously requested the Government to provide its comments in 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. Noting that the Government confines itself to denying the existence of any recurring intimidation or threats, the Committee recalls that the Government is responsible for taking all necessary measures to ensure that the competent authorities conduct the necessary enquiries into the alleged acts of anti-union discrimination and interference, and to take the required remedial measures without delay and apply suitable penalties if the trade union rights recognized in the Convention are found to have been impaired. The Committee requests the Government to provide information on the measures taken 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 without delay by the Government, 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 that the Government confines itself to reiterating that some provisions of the Labour Code will be amended, to bring them into full conformity with the Convention, by the subcommittee responsible for the legislation, which is currently pursuing its work, and that greater attention will be paid to the Articles examined by the Committee of Experts. Recalling once again 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 expects the Government to provide in its next report detailed information on any specific measures taken in this regard.

Articles 4 and 6. Collective bargaining in the public sector. The Committee previously expressed the firm hope that the necessary measures would be taken without delay by the Government, 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, in its report, the Government does not provide any information on the adoption of this Decree. Recalling once again 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 trusts that the Decree establishing the list of public establishments covered by section 68 of the Labour Code will be adopted in the near future, and expects the Government to provide in its next report 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. The Committee also requests the Government to provide information on the measures taken to promote the use of collective bargaining mechanisms. The Committee finally recalls that the Government can avail itself of the technical assistance of the ILO, in order to apply, in law and in practice, the provisions of the Convention in relation to collective bargaining.