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

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

Other comments on C102

Observation

Direct Request

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Part V (Old-age benefit) of the Convention, Article 27(a); Part VI (Employment injury benefit), Article 33(a); Part VII (Family benefit), Article 41(a); Part IX (Invalidity benefit), Article 55(a); and Part X (Survivors’ benefit), Article 61(a). Scope of application. In its previous comments, the Committee requested the Government to provide information on the implementation of social security reforms, including in particular the extension of the coverage of the social security system to all regions of Mauritania in 2017.

Noting the absence of information from the Government on this point, the Committee observes that, according to the national report of the Ministry of the Economy and Industry of Mauritania on the implementation of the Istanbul Programme of Action for Least Developed Countries (LDCs) of 25 February 2020, only a small proportion of the population benefits from social protection, due to the low numbers in wage employment in the formal economy among the economically active population. In this connection, the Committee also observes that the informal economy represents 89.4 per cent of employment in Mauritania, and only 40.6 per cent of workers are legally covered in terms of old-age and invalidity benefit, employment injury benefit and family benefit (ILO, World Social Protection Database, 2021). The Committee recalls that Articles 27(a), 33(a), 41(a), 55(a) and 61(a) of the Convention require the social security benefits provided for under these Articles to be guaranteed to not less than 50 per cent of all employees. The Committee requests the Government to provide statistical data on the number of persons protected covered by old-age and invalidity benefit, employment injury benefit and family benefit, in accordance with Title I of Article 76 of the report form for the Convention. Recalling that the objective of the Convention is to ensure that the largest number of workers enjoy the benefits provided for by the Convention for each of the contingencies accepted, the Committee requests the Government to supply information on the measures envisaged to extend protection through social security benefits to workers in the informal economy.

Part V (Old-age benefit), Article 29(2)(a), and Part X (Survivors’ benefit). Article 63(2)(a). Conditions of entitlement to a reduced benefit. The Committee notes that under section 52(1)(a) of Act No. 67-039 of 27 March 1967 establishing a social security system, as amended by Act No. 2021-007 of 22 February 2021, insured persons who reach the age of 63 years are entitled to an old-age pension if they have been registered with the National Social Security Fund (CNSS) for at least 20 years. Moreover, under the terms of section 55(1) of Act No. 67-039 of 27 March 1967, in the event of the death of the beneficiary of an old-age pension as well as the death of an insured person who, at the time of death fulfilled the conditions necessary to qualify for an old-age pension or who had paid insurance contributions for at least 80 months (15 years), the survivors are entitled to a survivors’ benefit.

The Committee recalls that by virtue of Article 29(2)(a) and Article 63(2)(a) of the Convention, a reduced benefit shall be secured at least to a person protected who has completed, prior to the contingency, in accordance with the prescribed rules, a qualifying period of 15 years of contribution or employment in respect of old-age benefit and five years of contribution or employment in respect of survivors’ benefit. The Committee therefore requests the Government to indicate: (i) whether an insured person with fewer than 20 years registration with the CNSS will be entitled to a reduced old-age pension after 15 years of contributions, in conformity with Article 29(2)(a) of the Convention; and (ii) whether a person protected whose breadwinner has contributed to the CNSS for a period of at least five years, is entitled to a reduced survivors’ pension, as required under Article 63(2)(a) of the Convention. The Committee also requests the Government to provide information on the periods that may be taken into account to meet the condition of registration set out in section 52(1)(a) of Act No. 67-039 of 27 March 1967 to secure entitlement to an old-age pension.

Part XI (Calculation of periodical payments). Article 65. Reference wage. With reference to its previous comments concerning the reforms announced by the Government regarding the raising of the earnings ceilings taken into consideration for the purposes of contributions, the Committee once again requests the Government to provide information, once the new ceilings have been introduced, on the reference wage applied to determine the replacement rate of benefits in accordance with Article 65 of the Convention.

Article 65(10). Adjustment of benefits. In its previous comments, the Committee noted the problems relating to the adjustment of cash social security benefits. In this connection, the Committee notes that under section 63 of Act No 67-039 of 3 February 1967 establishing a social security system, the rates of current periodical payments, provided either as annuities or pensions, may be revised by decree on the proposal of the Minister of Labour, following substantial changes in the general level of earnings resulting from substantial changes in the cost of living, taking financial possibilities into account and as a function of the evolution of the guaranteed minimum wage. The Committee recalls that, in accordance with Article 65(10) of the Convention, the rates of current periodical payments in respect of old age, employment injury (except in the case of incapacity for work), invalidity and death of the breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. The Committee underlines the importance of the adjustment of pensions and other benefits to guarantee the maintenance of their purchasing power, and considers that the capacity of the national pension system to maintain these two principles of the adjustment of pensions is an important indicator of the financial health of the system. The Committee requests the Government to provide statistics on the adjustment of old-age benefit, employment injury benefit (except in the case of incapacity for work), invalidity benefit and survivors’ benefit in conformity with Title VI of the report form under Article 65 of the Convention.

Application of the Convention in practice. Enforcement and inspection in social security. In its previous comments, the Committee the Government to indicate the progress made in implementing measures aimed at ensuring an effective social security inspection system. Noting the absence of information from the Government on this point, the Committee observes that, in accordance with section 68 of Act No. 67-039 of 3 February 1967 establishing a social security system, employers’ compliance with the provisions of the Act is ensured by CNSS inspectors. In particular, the CNSS website indicates that the CNSS inspectors are empowered to verify the elements determining the level of social security contributions, as well as payment of contributions, and to apply sanctions in case of violations related to contributions. The Committee therefore requests the Government to supply detailed information on enforcement by CNSS inspectors, including the number of inspections carried out, violations detected and sanctions imposed.