Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 81) sur l'inspection du travail, 1947 - Mauritanie (Ratification: 1963)

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Observation

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

Functioning of the labour inspection system. The Committee notes that, in the conclusions, the Conference Committee deeply regretted the lack of progress on issues concerning the insufficient wages and benefits of inspectors, the lack of independence and stability of employment of labour inspectors, as well as the failure to communicate to the ILO annual reports on the work of the labour inspection services. Emphasizing that these matters had been pending for decades, the Conference Committee expressed the firm hope that the Government would soon take the necessary action, in keeping with Article 6 of the Convention, to take the announced measures that offered labour inspectors stability of employment and independence as regards changes of government and improper external influences. The Committee further stressed that the publication of annual inspection reports containing the statistical information required under Article 21 of the Convention was important to enable an objective evaluation of the progress referred to by the Government. It emphasized the importance of the functioning of an effective labour inspection system in the country and the need to strengthen the human, financial and material means available to the labour inspection services to enable them to cover all workplaces liable to inspection. It expressed the firm hope that labour inspectors would have suitably equipped offices and be able to carry out effective inspections and to prepare and send annual inspection reports to the ILO. The Conference Committee also requested the Government to provide a detailed report to the Committee of Experts addressing all the issues raised by this Committee and the Committee of Experts for examination at its next meeting. The Conference Committee asked the ILO to provide technical assistance to the Government as requested by it, to strengthen the labour inspectorate. Finally, it requested the Government to put in place a national mechanism to follow-up on the application of the Convention in the country. The Committee welcomes the formal request made by the Government in December 2013 for ILO technical assistance further to the conclusion of the Conference Committee on the Application of Standards. The Committee urges the Government to provide information on the measures taken to implement the conclusions of the Conference Committee including with the technical assistance of the ILO.

The Committee notes that in its observations dated 30 August 2013, the General Confederation of Workers of Mauritania (CGTM) expressed its concerns about job stability and the independence of inspectors. The Confederation cites various reasons for their concerns: the decree establishing the status of labour inspectors has not yet been adopted; there is no collaboration between the inspection services and experts and skilled technicians; recruitment is not based on the candidate’s aptitude to perform his or her functions; and the lack of an appropriate training programme. The Committee asks the Government to reply to the observations made by the CGTM on these points.

In this context, the Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

The Committee notes the communication made by the Government delegation within the Committee on the Application of Standards at the 101st Session of the International Labour Conference in June 2012, and the Government’s report received at the Office on 12 September 2012. It also notes the observations from the General Confederation of Workers of Mauritania (CGTM) dated 30 August 2012.

Articles 3, 6, 10, 11, 14, 16, 20 and 21 of the Convention. Status, recruitment, training, powers, activities and material means of the labour inspectorate. Annual inspection report. The Committee notes the information contained in the Government’s report to the effect that 40 labour inspectors and labour controllers were recruited in 2009 and received a two-year period of training at the National School of Administration (ENA) before being subsequently appointed to the ten regional inspectorates in the country. In addition, about ten training workshops have been organized by the ILO since 2008 in the context of the ADMITRA and PAMODEC projects, in addition to the training given at the Tunis and CRADAT centres; the labour inspectorate has been equipped with a methodological guide which has enabled an increased number of inspections in the field; and a “toolkit” for labour inspectors has been devised by the Dakar office and will be distributed to inspectors in the course of this year. The Government also refers to improvements in the equipment of the regional labour inspectorates through a World Bank project (the PRECASP project) but does not state whether this equipment has already been distributed to the regional services.

However, the Committee notes with regret that once again no annual report has been received which would enable the Committee to evaluate the application of the Convention in practice, despite the undertaking made by the Government representative in the Committee on the Application of Standards to send to the ILO all annual reports of the labour inspectorate in addition to an evaluation of the impact of the strengthening of human and material resources on the application of the laws and regulations in Mauritania. It also notes with regret that the Government merely reiterates, for the third time, its intention to put a stop, in conjunction with the Ministry of Finance, to the unequal treatment received by labour inspectors, who have been the only public servants who have not received an allowance granted by a decree of 2007 to all other branches of the administration.

Despite the adoption in 2007, after several years of preparation, of special regulations for the labour administration establishing the status of labour inspectors and controllers, the Committee notes that, according to the CGTM, labour inspectorates do not have the independence necessary for the performance of their duties, since they depend on a Directorate of Labour which can “use” labour inspectors, transfer them or lay them off. According to the CGTM, no cases have ever been seen in which labour inspectorates of their own initiative, as provided for by law, have dealt with a violation, infringement or reprimand concerning an employer as part of establishing better labour relations within enterprises. The CGTM refers to cases of occupational disease such as silicosis, which, it claims, is taking a serious toll in the National Industrial and Mining Company (SNIM), and cyanide and lead poisoning which are allegedly decimating the workforce of the Mining and Copper Company (MCM), and also refers to apparatus used at the autonomous port of Nouakchott, which allegedly causes frequent fatalities among dockers. Moreover, according to the CGTM, labour inspection staff do not have satisfactory conditions of work, and even less motivation, to enable them to perform their duties. Rather, they are simply seeking a means of subsistence and are not feared by any employer. The CGTM notes the dire lack of financial and material resources necessary for the labour inspectorate to do its work effectively, to the extent that labour inspectors are obliged to make use of the services of private individuals for the drafting and printing of their reports, including infringement reports. Lastly, the CGTM emphasizes that the level of qualifications of inspectors is low owing to the fact that recruitment is carried out under conditions which lack transparency and impartiality.

The Committee requests the Government to send any comments which it considers appropriate in response to the observations from the CGTM. It also requests the Government to supply further details of the progress of the World Bank project for improving the equipment of the regional directorates, and on the impact of the methodological guide to inspections drawn up with ILO support, sending copies, where applicable, of any relevant documents or reports.

The Committee requests the Government once again to take steps as soon as possible to ensure that allowances are paid to labour inspectors that take account of the specific nature of their duties, and to keep the Office informed of any further developments in this respect.

Noting the Government’s indication that a Decent Work Country Programme (DWCP) for Mauritania is due to be signed in the coming months, the Committee again requests the Government to make use of this programme to take all necessary steps to reinforce the labour inspectorate, with technical support from the ILO, with a view to establishing a labour inspection system that operates on the basis of the provisions of the Convention as regards scope (Articles 1 and 2); duties (Article 3); organization under the supervision of a central authority (Article 4); cooperation with other bodies and with employers and workers or their organizations (Article 5); status and conditions of service of labour inspectors (Article 6); requisite qualifications for recruitment and training (Article 7); criteria for determining the number of inspectors (Article 10); material and logistical resources needed for the performance of their duties (Article 11); inspectors’ prerogatives (Article 12); their powers (Articles 13 and 17); and their obligations (Articles 15, 16 and 19); and also in terms of the central authority’s obligation to publish and to communicate to the ILO an annual report on the work of the inspection services under its control (Article 21).

In order to establish a labour inspection system which meets the social and economic objectives pursued by the Convention, the Committee requests the Government also to ensure, as far as possible, the implementation of the measures described in the general observations made by the Committee in 2007 (on the need for effective cooperation between the labour inspectorate and judicial bodies), in 2009 (on the availability of statistics concerning industrial and commercial workplaces liable to labour inspection and the number of workers covered, as basic information for an evaluation of the application of the Convention in practice), and in 2010 (on the publication and content of an annual report on the operation of the labour inspection services).

The Committee hopes that the Government will do its utmost to take the necessary steps in the near future.