Observation (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 XIII (Common provisions) of the Convention, Article 71(3) and Article 72(2). General responsibility of the State for the provision of benefits and the proper administration of the social security system. For many years, the Committee has raised questions regarding the application of the Convention in practice, in view of the concerns expressed by the Free Confederation of Mauritanian Workers (CLTM) and the General Confederation of Workers of Mauritania (CGTM), regarding the Government’s management of the national social security system. In its previous comments, the Committee noted the various measures taken by the Government and the national authorities to counter evasion of contributions, to ensure the registration of new employers with the National Social Security Fund (CNSS) and to increase effective coverage by simplifying administrative procedures. On the basis of that information, the Committee requested the Government to report on the progress achieved in the implementation of the announced reforms, in particular, in the context of the plan of action instigated by the CNSS for 2014–2020.

The Committee notes with regret the absence of tangible progress reported by the Government in this connection. The Committee nevertheless notes that, according to the Government, the Bill modifying and replacing Act No. 67-039 of 3 February 1967 establishing a social security scheme and its accompanying explanatory notes have been submitted to the competent technical body. The Government also indicates that the drafts of the implementing orders and decrees of the Bill have also been prepared and that they will be submitted to the technical body, following promulgation of the Act.

In light of the systematic problems related to the functioning of the social security system in Mauritania, the Committee recalls that under Articles 71(3) and 72(2) of the Convention, the State shall accept general responsibility for the due provision of the social security benefits provided as well as for the proper administration of the institutions and services of the social security system. As set out previously, the Committee considers that the proper administration of the social security system by the State, in conformity with the abovementioned Articles of the Convention, must be based on a clear and precise legal framework, reliable actuarial data, supervision by the representatives of the persons protected, an effective inspection system and sufficiently dissuasive penalties. The Committee therefore requests the Government to take the measures required to ensure the proper administration of the national social security system and provision of benefits, in conformity with Articles 71(3) and 72(2) of the Convention, and to give full effect to the Convention in practice. The Committee also requests the Government to provide information on the results of the CNSS plan of action for 2014-2020. It further requests the Government to provide a copy of the Act modifying and replacing Act No. 67-039 of 3 February 1967 establishing a social security regime, once it has been adopted, together with its implementing decrees and orders.

The Committee is raising other matters in a request addressed directly to the Government.