Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Mauritania (Ratification: 1968)

Other comments on C102

Observation

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Articles 71 and 72 of the Convention. General responsibility of the State for the proper administration of the social security system. The Committee recalls that for several years the Free Confederation of Workers of Mauritania (CLTM) and the General Confederation of Workers of Mauritania (CGTM) have been raising numerous issues relating to the very limited coverage of the social security system; the low level of benefits; the obsolete legislative framework; the administrative obstacles to the compilation of benefits files; delays in implementing the findings of the actuarial studies conducted in 2002 in order to redress the finances of the social security scheme; the absence of joint management of the scheme and the unilateral decisions by the executive authorities; the Government’s appropriation of the assets of the pension scheme to cover its own financial needs; social fraud practised on a broad scale by employers and their recourse to the hiring of non-affiliated labour through shell companies; the inoperative nature of the services responsible for supervising social welfare institutions; and the failure to adequately adjust cash benefits other than minimum benefits. In view of the serious and complex nature of the concerns raised by the abovementioned confederations, the Committee encouraged the Government and the Office to collaborate closely with a view to conducting a technical appraisal of the situation and drawing up a roadmap for the future.

In its last report, the Government states that, in consultation with the CGTM and the CLTM, both of which are represented on the governing board of the National Social Security Fund (CNSS), it has increased the level of minimum pensions following a minimum wage rise countrywide and has increased the contributions ceiling by some 15 per cent, from 37.800 UM to 54.000 UM. Minimum survivors’ and orphans’ pensions paid out before the minimum wage increase have likewise been raised, by some 30 per cent. An actuarial assessment is under way with technical support from the ILO and its results will enable the CNSS decision-makers to envisage aligning benefits with the current cost of living and consider the steps that are needed to ensure the sustainability and viability of the social security scheme. As to the issues regarding the governance of the social security system, the Government indicates that the ILO has also financed two studies, on updating the CNSS’s legal framework and reorganizing its statistical output. The Government also states that the appointment of members to the CNSS’s deliberative body is entirely in the hands of the workers’ and employers’ organizations and that the chair of the governing board is held alternately by the workers and the employees for three-year terms, while the Government has the prerogative of appointing the director-general of CNSS. As to the management of finances, the Government indicates that contributions are the main source of the funds of the CNSS; these are deposited in bank accounts opened with the Public Treasury, of which the CNSS has sole use and invests a large part in treasury bills remunerated through the Central Bank of Mauritania. Lastly, as regards monitoring compliance with national laws and regulations, the Government indicates that the CNSS inspection services have the material and human resources they need and do a good job of combating internal fraud and tax evasion, and that administrative measures will be introduced to secure optimum recovery of contributions. The Government supplies a copy of the CNSS activity report for 2014, which contains detailed information, including statistics, on the working of each branch of the national social security system.

The Committee notes the Government’s partial replies to several of the concerns raised by the confederations. It notes from the CNSS activity report that the target for the recovery of contributions has been substantially exceeded, which is indicative of a significant effort, but that there is a sizeable default in the payment of social security claims due from the State. In some branches, such as occupational risks and family benefits, accumulated social security reserves are too large and are far in excess of actuarial requirements, whereas other branches, such as pensions, are underfunded given the recurrent increases in expenditure, provide inadequate benefits, whether minimum or maximum, and have an insufficient reserve ratio. The Committee notes that the activity report is adamant that the CNSS governing board should implement the recommendations of the latest actuarial study in order to ensure the future viability of the system, in particular by recovering the social security and health claims due from the State and by raising the contributions ceiling to 150,000 UM from the current 54,000 UM. The Committee points out that, according to Articles 71 and 72 of the Convention, the State must accept general responsibility for the proper administration of the social security system, based on a clear and precise legal framework, reliable actuarial data, supervision by representatives of the persons protected, an efficient inspection system and sufficiently dissuasive sanctions. The Committee recalls that to this end, and in the context of the concerns set out above, the Office conducted a first actuarial assessment of the social security scheme in 2002, and since 2013 has afforded the Government significant support in the form of two studies, on the updating of the legislative framework and on the reorganization of the statistical output of the CNSS. The Committee accordingly requests the Government, on the basis of the abovementioned report and studies and in conjunction with the social partners, to take the necessary steps to ensure the proper administration of the national social security system and to give full effect to the Convention in practice.