Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to the comments that it has been making for several years on the need to amend the legislation to permit the possibility of trade union pluralism, repeal the provisions on the single trade union system set out in the legislation (sections 1, 2 and 22 of the Labour Code as amended by Act No. 70-030 of 23 January 1970) and limit the scope of the restrictions on the right to strike (imposed by sections 39, 40, 45 and 48 of the Code), in accordance with the principles of freedom of association, the Committee notes the assurances given by the Government during the direct contacts mission in May 1992 to the effect that the Government accepts without reservation the suggestions made to it and the draft texts proposed.

The Committee notes in this respect that, according to the Government's report, a national technical commission which has been established to review the draft Labour Code formulated with the assistance of the ILO in order to adapt it to the political, economic and social changes which have occurred in the country since the adoption of the new Constitution on 20 July 1991, will complete its work in the near future and that the final adoption of the draft text by Parliament is planned for April 1993. It also notes the information contained in the Government's report to the effect that the draft Labour Code explicitly recognizes trade union pluralism and freedom of association.

The Committee also notes that section 10 of the new Constitution of 20 July 1991 provides that all citizens are free to join any trade union organization of their choosing.

In view of the difficulties noted by the Committee on Freedom of Association in Cases Nos. 1088 and 1597, the Committee of Experts expresses the firm hope, in the same way as the Committee on Freedom of Association, that the Government will make every effort to ensure that in the near future trade union freedoms and rights are guaranteed in Mauritania, including the right of workers to establish organizations of their own choosing outside the existing trade union structure, if they so wish, and the right of trade union organizations to call strikes in defence of the occupational, economic and social interests of their members.

The Committee requests the Government to indicate in its next report any progress achieved in this respect and to supply a copy of the draft Labour Code.

[The Government is asked to supply full particulars to the Conference at its 80th Session and to report in detail for the period ending 30 June 1993.]