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A Government representative stated that Mauritania had been a Member of the ILO since 1961 and had ratified, to date, some 40 conventions, including the eight fundamental Conventions. It was and would remain strongly committed to the values of justice and social peace, which had been the foundation of the ILO throughout its 90 years of existence. The Government was committed to translating these Conventions into national law, enforcing them and submitting regular reports on their implementation. Mauritania had also provided, in a timely manner, all reports due for the year 2008 in accordance with article 22 of the ILO Constitution and the lack of response to the observations of the Committee of Experts on Convention No. 100 was due to a simple omission.
He stated that the claims that women were marginalized in Mauritania were unfounded and that the emancipation of Mauritanian women was a firm reality; women were present in all areas of decision-making. The democratic institutions were characterized by a significant proportion of women, particularly in the National Assembly (17 per cent) and the Senate, as well as in municipal councils (30 per cent). There had been a minister responsible for promoting women’s position in society for over 20 years. Many women had held, and still held, ministerial posts as well as senior positions within the State, such as ambassadors, general secretaries to ministers, heads of ministerial departments, and governors of Wilayas. There was also a significant female presence in the national guard and the police forces. Similarly women were also present in the national army working as doctors.
With regard to legislation, Article 191 of the Labour Code referred to Article 37 of the General Collective Labour Agreement, which clearly set out the principle of equal pay for work of equal value. In other words, for equal conditions of work and of productivity, salaries were equal for all workers regardless of their background, gender, age or status.
In response to comments from the General Confederation of Workers of Mauritania (CGTM), the speaker indicated that Mauritania was respectful of the law. In this sense, despite economic and financial difficulties, the Ministry of Labour had proceeded this year with the recruitment of 20 labour inspectors and 20 labour controllers that were currently being trained at the National School for Administration. Regarding the comments of the Committee on the Elimination of Discrimination against Women (CEDAW), the doors were open to direct contact since the principle of equal pay for work of equal value was respected. Any victim of non-observance of this principle could go to court and it was in the interests of law enforcement that the Government had strengthened the capacity of its labour administration. In addition, the Government had requested ILO assistance to ensure that any misunderstanding concerning the Convention’s application would be addressed.
In conclusion, the speaker referred to the ILO Declaration on Fundamental Principles and Rights at Work of 1998, which held that the Conventions it referred to were universal and applied to all peoples and all States, regardless of their level of economic development. Mauritania was fully committed to this principle and, within the framework of the revision of the Labour Code, the necessary amendments would be made so that all provisions were in conformity with the ILO Conventions to which Mauritania was a party. In addition, efforts made by the Government, with the technical support from the ILO Subregional Office in Dakar, for the establishment of an information system and a database of labour statistics would provide as soon as possible reliable statistical information and thus respond to questions relating to wage levels. Finally, the speaker indicated that the Government would spare no effort to reflect the comments of the Committee regarding the application of Convention No. 100.
The Worker members recalled that Mauritania had not ratified Convention No. 100, which had been adopted in 1951, until 2001. For member States, two obligations resulted from the ratification of this Convention: firstly, to promote and ensure equal remuneration for men and women workers for work of equal value; and, secondly, to encourage the objective appraisal of jobs. Convention No. 100 echoed the ILO Constitution of 1919, which already called for the rapid improvement of the conditions of employment, especially through its recognition of the principle of equal remuneration for work of equal value. After studying the report of the Committee of Experts and the observations formulated both by ITUC and Mauritanian trade union organizations, one was forced to observe that the aim of equal remuneration for men and women was still far from being achieved.
The CGTM had observed that, on average, the income of women was 60 per cent less than that of men. The typical reply to such criticism was that women worked in different professions and exercised different functions and that the situations were therefore not comparable. Without denying that this could be partly true, it had to be stated that, for a number of reasons, Mauritanian women did not have sufficient access to better employment that met with better remuneration. Those reasons were a lower school enrolment rate; a school record, which did not correspond to the actual or future demand of the labour market; cultural or religious inhibitions and hesitations; an absence of women from better-paid professions in the commercial sector and the absence of nursery schools and other facilities for the day care of children. These factors still represented only one aspect of the truth since, even if holding similar positions, women were often less remunerated than men. According to the Global Gender Gap Report published by the World Economic Forum in 2008, for similar work, women in Mauritania earned 35 per cent less than men – a percentage identical to the one indicated in the same report of 2006. This gap was also mentioned in the report “Gender equality at the heart of decent work” which would be submitted to this session of the Conference, and, which indicated that in 2005, women had a yearly income of US$1,489 while men annually earned US$2,996, thus a ratio of 1 to 2. Furthermore, the part of Mauritania’s female population living under the poverty line, often employed in the informal economy, by far exceeded that of the male population.
It was, however, not only a question of regulation: it was not sufficient to lay down general principles of equality and non-discrimination in laws. Even the best anti-discriminatory laws also needed effective action ensuring their implementation. Key elements in this respect were an education policy and a policy in relation to the labour market aimed at enabling women to find decent work; a control policy safeguarding the application of the principle of equality; a follow-up to the progress achieved which should be made effective on the basis of credible statistics open to all. The importance of the last element should not be neglected. Finally, to really improve the situation of women, it was important to guarantee transparency and to offer tools to civil society and to the social partners, which would enable them to evaluate the situation on the ground and would serve as the objective basis for negotiations and the elaboration of implementation policies.
Favourable progress had been made between 2001 and 2008 after the ratification of Convention No. 100. In this respect, the Worker members referred to the adoption of the National Strategy for the Advancement of Women for the period 2005–08, the ratification of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, the political will demonstrated for the elimination of discrimination against women and the adoption of the necessary measures to strengthen the position of women in the labour market. This progress had also been raised by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in its report of 11 June 2007, but the report had also made a number of recommendations aimed at launching more concrete initiatives. The CEDAW had also asked the Government to undertake immediate specific measures, with an implementing mechanism to ensure that women had the same rights as men in employment, in particular a guarantee of equal pay for equal work and for work of equal value. The Committee of Experts requested that the national legislation be amended to give full expression to the principle of equal pay in both the private and the public sector.
However, since the coup of August 2008, the situation in Mauritania was completely disrupted. The wage negotiations that were in progress between workers, employers and the Government had since stalled and it was important to take this into account in the conclusions of the Committee. In fact, Article 4 of the Convention clearly stated that each member State had to cooperate with organizations of employers and workers concerned to give effect to the provisions of the Convention. It was misleading to believe that it was possible to reduce the wage gap between men and women in the labour market without real social dialogue. It was hoped that after the elections that had been deferred until 18 July 2009, the country would return as soon as possible to the constitutional order. Because it was only in such a framework and with the restoration of social dialogue that the conditions would be met to improve the situation of women in the labour market. It was clear that the follow-up to recommendations of the Committee would depend to a large extent on the political developments in the country. The Worker members expressed the hope that the political situation in Mauritania would quickly go back to normal and the Government would thus be able to implement, in collaboration with the social partners, a policy aimed at improving the position of women in the labour market, particularly through a rigorous application of the right to equal pay for equal work.
For this reason, the Worker members supported the request of the Committee of Experts relating to the adaptation of national legislation to give full expression to the principle of Convention No. 100, with the technical assistance of the Office. They asked the Government to provide reports and information necessary to follow up on this matter and to revive the wage negotiations with the representative organizations of workers and employers, with particular attention to reducing the wage gap between men and women. It was very important not to limit activities in this area to the formal economy. In fact, a large proportion of women worked in the informal sector and an appropriate policy was necessary in this field, first in order to ensure respect for equality in the informal sector and, more importantly, for the transition of women into the formal economy, which offered more protection and social guarantees for the application of labour standards.
The Employer members noted that although the observation of the Committee of Experts relating to this case was brief, it was an important case because it concerned a fundamental Convention, it related to the important principle of equal pay for work of equal value and the Committee of Experts had given it a double footnote. Moreover, it was a recent case, as Mauritania had only ratified Convention No. 100 in 2001 and the Committee of Experts had only made three comments on the application of the Convention so far. In 2005, the Committee of Experts had noted the brief first report of the Government and requested detailed information on the conditions of women in the labour market. This data was important in order to understand the pay practice of women versus men in different, similar and the same occupations. The Employer members considered the stated existing wage gap of 50 per cent enormous, especially for workers in the same occupations. Once a statistical analysis had been carried out, one had to consider what could be done to close the wage gap. The last comment of the Committee of Experts highlighted that the principle of equal remuneration for work of equal value was not clearly established in the Labour Code. It was evident that the Government needed assistance not only in relation to data collection, but also regarding the alignment of national law and practice with the provisions of Convention No. 100. This case was discussed at an early stage and the Government therefore had an opportunity to be shortly in a position to ensure full compliance with the Convention.
The Worker member of Mauritania, speaking on behalf of the ITUC, declared that the laws in Mauritania were generally satisfactory, except the provisions relating to widowhood. Indeed, the practice posed many problems. A new approach was needed that would reduce the vast wage gap that currently existed between men and women. In addition to their limited access to employment, women suffered serious discrimination in terms of internal promotion simply because they were women. He noted also the exclusions of women workers from strategic sectors of the economy such as mining, oil and processing enterprises. Discrimination upon recruitment and lack of childcare facilities in enterprises and public administrations constituted also disadvantageous factors for women workers. Social dialogue was necessary to find adequate mechanisms. This dialogue had been interrupted by the military coup his country had experienced in June 2008. The hope was revived upon the signature of the agreement between the various protagonists of the crisis, which provided for a joint administration in the transition period and free and transparent presidential elections on 18 July 2009. The speaker hoped that after this election, the Government would engage in dialogue with trade unions and employers in order to develop a policy that was in conformity with Convention No. 100, in particular by setting up a national observatory relating to discrimination and the adoption of more restrictive laws and regulations for offenders of the provisions of the Convention.
The Government representative of Mauritania recognized the difficulties facing the country regarding the sending of reliable statistical information. He acknowledged that Mauritania was going through a difficult situation. However, the Government was confident and indicated that it would soon be able to take the measures necessary to comply with the Convention.
The Employer members maintained that the Government clearly needed ILO assistance in order to report timely to the Committee of Experts on data, as well as law and practice regarding the application of Convention No. 100.
The Worker members expressed support for the Committee of Experts’ request that the national legislation be amended, in order to give full expression to the principle of the Convention. The Government had agreed to accept technical assistance from the Office and needed to provide the requested reports, as well as detailed and transparent information that would allow for a monitoring of the situation and furnish an objective basis for salary negotiations. The Government further needed to initiate a dialogue on wages with representative employers’ and workers’ organizations with a view to reducing the gender gap between women and men. The Worker members considered, finally, that appropriate measures should also be taken with respect to women in the informal economy.
Conclusions
The Committee noted the statement of the Government representative and the discussion that followed. The Committee observed that the Committee of Experts had referred to the significant gender segregation of the labour market and the very considerable remuneration gap between men and women, attaining on average 60 per cent. The Committee of Experts had also drawn attention to the provisions of the Labour Code and Act No. 93-03 on the public service and the need to ensure that full legislative expression was given to the principle of equal remuneration for men and women for work of equal value set out in the Convention.
The Committee took note of the information provided by the Government concerning the representation of women in the labour market, including in state institutions and in high-level posts in the civil service. It also noted the Government’s commitment to bringing the legislation into conformity with the Convention and its request for technical assistance in this regard.
The Committee stressed the important role of employers’ and workers’ organizations in giving effect to the Convention, set out in Article 4. In this context, the Committee urged the Government to reinstate genuine social dialogue in the country, including on the issue of ensuring equal remuneration for men and women for work of equal value and decreasing the wage gap.
The Committee urged the Government to amend its national legislation so as to ensure that full expression was given to the principle of the Convention, in both the public and private sectors. The Committee also urged the Government to examine the causes of the very high remuneration gap that existed between men and women in the country, and to take the necessary measures, including through a broader range of opportunities for education and training, in consultation with employers’ and workers’ organizations, to reduce this gap, including in the informal economy, and to increase women’s opportunities to access a wider range of jobs and occupations, including those with higher levels of remuneration.
While noting the information provided by the Government regarding the increased representation of women in posts of responsibility, the Committee considered that substantial efforts were necessary to significantly reduce, in an effective and verifiable manner, the existing remuneration gap between men and women. In this context, the Committee noted the ongoing efforts regarding the development of a labour market information system, and stressed the importance of the collection and analysis of detailed statistical data on the distribution of men and women in the various economic sectors, jobs and occupations and their corresponding levels of remuneration.
The Committee requested that, once a climate conducive to social dialogue was re-established, ILO technical assistance be provided regarding data collection and analysis and to assist the Government, in collaboration with the social partners, to bring its law and practice fully into line with the Convention. The Committee requested the Government to provide full information to the Committee of Experts in its report when it was next due on all the matters raised by the Committee.
Previous comment
Repetition Article 3 of the Convention. Objective job evaluation. With regard to the classification of jobs, the Committee recalls that, under section 35 of the general collective labour agreement (CCGT) of 13 February 1974, “the classification of workers by category is determined according to the tasks that they perform”, but the criteria used for undertaking such classification and fixing minimum wages for each category of worker are not specified. The Committee therefore requests the Government to specify the criteria and the means of evaluation used to classify jobs on the basis of the work involved. The Committee also requests the Government to provide information on any appeals examined by the Classification Board, under section 36 of the CCGT, and the outcome thereof. Enforcement. Labour inspection. In its previous comments, the Committee emphasized the fact that the mere verification of payslips mentioned by the Government does not enable labour inspectors to compare the remuneration paid to men and women for work of equal value or, to detect any cases of gender wage discrimination. Recalling that it is important for labour inspectors to receive adequate training in order to ensure the effective implementation of the principle established by the Convention, the Committee requests the Government to take the necessary steps to strengthen the capacities of labour inspectors in order to raise awareness among employers and workers regarding the principle of equal remuneration for work of equal value and to identify and put an end to gender wage discrimination. The Committee requests the Government to report on the steps taken and any impact in the practical application of the Convention.
Repetition Article 3 of the Convention. Objective job evaluation. The Committee recalls that clause 35 of the general collective labour agreement 13 February 1974 envisages the classification of workers’ jobs into categories on the basis of work that they perform, without specifying the criteria used to make this classification. In its previous comments, the Committee had asked the Government to provide information on the criteria used in practice to classify jobs into the various wage categories on the basis of the work involved. The Committee notes that the Government has merely pointed out that the criteria used in practice to classify jobs is not discriminatory, since they are in accordance with the legal provisions and regulations in force. The Committee therefore asks the Government to stipulate the criteria to assess jobs determined by the legislation and to provide information on the means of assessment used to classify jobs on the basis of the work involved. The Government is also asked to provide information on any appeals examined by the Classification Commission, under clause 36 of the general collective labour agreement.Enforcement. The Committee notes the Government’s statement that the labour inspector ensures compliance with the principle of equal remuneration by verifying that a payslip certified by the employer exists. It would nevertheless like to point out that, although this measure allows the labour inspector to ascertain that a worker has indeed been paid his or her wage, it does not allow the inspector to compare the remuneration paid to men and women for work of equal value or, consequently, to detect any case of wage discrimination. The Committee asks the Government to provide information on the measures taken to enhance the capacity of labour inspectors to identify unequal wages and wage discrimination between women and men.
Article 2 of the Convention. Determination of wages. Collective agreement. The Committee notes that under clause 35 of the general collective labour agreement of 13 February 1973, a copy of which was attached to the Government’s report, workers are classified into a number of categories and scales with a view to the determination of wages. In particular, the Committee notes that the classification into categories is determined on the basis of the work performed by workers in their employment. Nevertheless, the Committee notes that clause 37 of the collective agreement confines the application of the principle of equal remuneration to equal work. The Convention also requires that comparisons are made between work of a completely different nature performed by men and women so as to verify whether such work is nevertheless of equal value and must therefore be remunerated equally. In this respect, the Committee wishes to emphasize the importance of carrying out such a comparison, as traditional conceptions of the role of women in society have contributed to the confinement of women into certain occupations which are often undervalued in relation to the occupations exercised by men in terms of determining the respective remuneration rates. The Committee asks the Government to take appropriate measures to improve understanding among the social partners of the principle established by the Convention so that they can ensure that the principle is fully reflected in collective agreements. Please also provide information on the measures adopted for this purpose and on their impact on the promotion of compliance with the principle of equal remuneration for work of equal value in the context of bargaining and the implementation of collective agreements.
Article 3. Objective job evaluation. With regard to clause 36 of the general collective labour agreement, which provides for means of evaluating and objectively comparing the respective value of jobs, the Committee notes the appeals procedure to the Classification Commission, which is regulated by this clause and allows workers to challenge the classification of their jobs. The Committee also recalls that clause 35 envisages the classification into categories on the basis of the work that is performed by workers. However, the Committee notes that no reference is made to the criteria used to make this classification. The Committee asks the Government to provide information on the criteria used in practice to classify jobs into the various wage categories on the basis of the work involved. The Committee also asks the Government to indicate the measures adopted to ensure that these criteria are not discriminatory. Furthermore, the Committee encourages the Government to provide information on the issues relating to job classification that are brought to the attention of the Classification Commission and the decisions handed down.
Parts III to V of the report form. With regard to the methods used by the labour inspectorate to monitor the application of the principle established by the Convention, the Committee notes that no information has been provided in reply to its last direct request. The Committee once again asks the Government to indicate the methods used by the labour inspectorate to determine whether the principle of equal remuneration is respected in workplaces. The Committee also hopes that the Government will be in a position to provide information in its next report on any violations reported by the labour inspection services, the solutions adopted and the penalties imposed, as well as on any judicial or administrative decisions handed down in relation to the application of the Convention.
The Committee notes the Government’s report and the communication from the International Trade Union Confederation (ITUC) dated 30 September 2008 containing observations made by the General Confederation of Workers of Mauritania (CGTM) concerning the application of the Convention. In its observations, the CGTM emphasizes the marginalization still suffered by women in Mauritania. In particular, the CGTM observes that the overall activity rate for women has not changed significantly for around 20 years (27.7 per cent in 2000, compared with 25.3 per cent in 1988), and that they are still broadly concentrated in certain types of jobs, namely agriculture (48.6 per cent), general administration (14 per cent), commerce (13 per cent) and health and education (10 per cent). The CGTM adds that women’s wages are on average 60 per cent lower than those of men. The Committee notes that no comment by the Government has been received in reply to these observations. The Committee also notes that in its concluding comments, the Committee on the Elimination of Discrimination against Women (CEDAW) observed that, while the legislation guarantees gender equality, there is in practice considerable discrimination against women in the labour market (see CEDAW/C/MRT/CO/1, 11 June 2007, paragraph 37). The Committee asks the Government to provide detailed information on the conditions of women in the labour market in Mauritania, including statistical data on the wage levels of women and men, disaggregated by economic sector, occupation and job. The Committee also asks the Government to indicate the measures adopted or envisaged to reduce the existing gap between the remuneration of men and women, including information on any relevant measures that have been taken in this respect in the context of the National Strategy for the Promotion of Women (2005–08) and their impact.
Article 1(b) of the Convention. Equal remuneration for work of equal value. In its previous comments, the Committee emphasized that an examination of the provisions of the Labour Code, and particularly section 191, and Act No. 93-09 on the public service, did not clearly establish whether the principle set out in the Convention was fully reproduced in the national legislation, which could give rise to misinterpretations in practice. In this respect, the Committee notes that the Government would like to receive the Office’s technical assistance in the form of specific training on the concept of “work of equal value” and on how to apply it correctly in practice. Referring the Government to its 2006 general observation on the Convention, the Committee draws the Government’s attention to the importance of amending the national legislation so that it gives full expression to the principle of equal remuneration for work of equal value. This is all the more important because the labour market in Mauritania is characterized by significant gender segregation and a very considerable gap between the remuneration of women and men. The Committee urges the Government to amend the national legislation so as to give full expression to the principle of the Convention, in both the private and public sectors. The Committee also encourages the Government to take the necessary measures to obtain technical assistance from the Office.
The Committee is raising other points in a request addressed directly to the Government.
1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the definition in section 224 of the Labour Code provides that the notion of salary includes the basic wage, payments incidental to a worker’s salary, leave benefits, bonuses, indemnities, allowances of any kind and damages. It appears to the Committee that this definition is in conformity with the definition of remuneration in Article 1(a) of the Convention and it asks the Government to provide information on its practical application, particularly with respect to payments made in cash or in kind.
2. Article 1(b). Equal remuneration for work of equal value. The Committee recalls that section 191 of the Labour Code states that “with equal working conditions, professional skills and output, wages are equal for all workers regardless of their origin, sex, age or status”. It also recalls that section 395 prohibits all discrimination based on sex. It notes the Government’s indication that the phrase “equal working conditions, professional skills and output” in section 191 refers, more broadly, to all work of equal value. With respect to the civil service, the Committee notes that the wages of the civil service are set according to Act No. 93-09 of 18 January 1993, and in particular section 15, which prohibits discrimination on the basis of opinion, sex and race. Apart from this provision and a similar provision in section 105 covering contractual agents of the State, Act No. 93-09 contains no specific guarantee of equal remuneration between men and women workers for work of equal value. Based on the provisions identified by the Government in the Labour Code and Act No. 93-09, it is unclear whether the principle of equal remuneration is fully enshrined in the law, leaving open the possibility for misinterpretation in practice. The Committee, therefore, urges the Government to consider giving full legislative expression in both the Labour Code and Act No. 93-09 to the principle as contained in Article 1(b) of the Convention.
3. Article 2. Determination of wages. Collective agreement. The Committee recalls that, according to section 193 of the Labour Code, wages are determined by collective agreements, by decree or by individual agreements respecting the minimum wages provided by the regulation or collective agreement in force. According to section 76 of the Code, collective agreements need to take into account the principle of non-discrimination contained in section 295, paragraph 2, of the Code. Noting that the Government’s report did not include a copy of the General Collective Labour Agreement of 13 February 1974, the Committee again asks for a copy of this and any other collective agreements currently in force.
4. Article 3. Job evaluation. The Committee notes that article 36 of the General Collective Labour Agreement provides for the means to measure and objectively compare the relative value of jobs. The Committee regrets that it does not have a copy of the collective agreement for its consideration but notes nonetheless the Government’s request for technical assistance from the Office in its effort to extend this evaluation process to the national level. The Government also indicates that article 36 provides for a tripartite classification commission presided over by the competent labour inspector including representatives from workers’ and employers’ organizations with the mandate of resolving disputes over job classifications. Recalling that measuring and comparing objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee asks the Government to provide information on the practical application of article 36 in the objective comparison of jobs and to indicate the number and outcome of cases appearing before the classification committee relating to the application of the principle of equal remuneration for men and women for work of equal value.
5. Part III of the report form. Enforcement. According to the Government, the labour inspectorate regularly supervises the application of the principle of the Convention but there are no infringements with regard to equal remuneration to report. The Committee asks the Government to provide details on the methods used by the labour inspectorate in determining whether workplaces respect the principle of equal remuneration along with information on any infractions reported or complaints submitted in this regard.
6. Part V of the report form. Practical application. Referring to its previous observation, the Committee recalls the allegations of the Free Confederation of Workers of Mauritania (CLTM) and the International Confederation of Free Trade Unions (ICFTU) that, while the law prohibits discrimination on the basis of sex and provides for equal remuneration for equal work, only a minority of women benefit from this protection. The Committee notes the Government’s reply that the CLTM and the ICFTU have not presented facts to support their allegations. The Committee emphasizes that it is equally important for the Government to provide adequate information to allow the Committee to make a full and fair assessment of the actual situation of women in the country with regard to equal remuneration. In this regard, the Committee regrets that the Government again provides little information that would allow it to properly appreciate the practical application of the Convention. The Committee, therefore, reiterates its previous request for statistical data disaggregated by sex (as described in the 1998 general observation on this Convention), legislation, reports, guidelines and other publications, and information on any measures to promote or to ensure the application of the principle of equal remuneration between men and women for work of equal value in both the public and private sectors.
The Committee notes the Government’s very brief first report.
1. Article 1(a) of the Convention. Definition of remuneration. The Committee takes note of the Act 2004/017 of 6 July 2004 adopting the Labour Code. It notes the various provisions in the Code providing for a guaranteed interoccupational minimum wage (SMIG), basic minimum wages for occupations not covered by collective agreements and certain payments in kind such as housing, food and travel allowances. The Committee draws the attention of the Government to the broad definition of remuneration contained in the Convention which includes the basic wage or salary as well as any additional allowances paid in cash or in kind. Noting that the Labour Code does not define remuneration or wage, the Committee asks the Government to clarify the meaning of "wage" and "remuneration" occurring in sections 191, 193 and 196, respectively. Please also provide information on how the principle of the Convention is guaranteed in relation to both the basic wage as well as any additional emoluments paid in cash or in kind.
2. Article 1(b). Equal remuneration for work of equal value. The Committee notes that section 191 of the Labour Code provides that "with equal working conditions, professional skills and output, wages are equal for all workers regardless of their origin, sex, age or status", and that section 395 prohibits all sex-based discrimination. The Committee reminds the Government that Article 1(b) of the Convention provides for equal remuneration between men and women workers for work of equal value. Accordingly, it asks the Government to confirm that the phrase "equal working conditions, professional skill and output" in section 191 refers more broadly to all work of equal value. Noting that the Labour Code excludes from its coverage civil servants, the Committee asks Government to indicate how the Convention is applied to them.
3. Please indicate the manner in which wages are determined in the public service.
4. Article 2. Determination of wages - collective agreement. The Committee notes that according to section 193 of the Labour Code of 2004 wages are determined by collective agreements, by decree or by individual agreements respecting the minimum wages provided by the regulation or collective agreement in force. It also notes according to article 76 of the Code that collective agreements need to take into account the principle of non-discrimination contained in section 295, paragraph 2, of the Code. The Committee asks the Government to provide copies of collective agreements, including the General Collective Labour Agreement of 13 February 1974, currently in force in the private sector.
5. Article 3. Job evaluation. The Committee recalls that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, and it asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed.
6. Article 4. Cooperation with the social partners. The Committee asks the Government for information on the cooperation with employers’ and workers’ organizations for the purpose of raising awareness and improving the application of the provisions of the Convention.
7. Parts III and IV of the report form. Enforcement. The Committee notes that the labour inspectorate is charged with the supervision of the relevant laws and regulations. Please provide information, including relevant statistics on the number of inspections conducted, and on violations of the principles of the Convention discovered and remedies applied.
8. Part V. Practical application. The Committee notes that the Government provides no information on the practical application of the Convention. It asks the Government to provide such information, including (but not necessarily limited to) statistical data disaggregated by sex (as described in the 1998 general observation on this Convention), legislation, reports, guidelines and other publications, and information on any measures to promote or to ensure the application of the principle of equal remuneration between men and women for work of equal value.
The Committee notes the Government’s very brief first report. It also notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) dated 9 September 2002 and the Free Confederation of Workers of Mauritania (CLTM) of 17 December 2002, which had been sent to the Government for its reply thereon.
Articles 1(b) and 2 of the Convention. The Committee notes the comments by the CLTM regarding the low participation of women in certain economic sectors and in high-level education, the discriminatory practices in recruitment and the fact that the labour inspectorate is preventing workers from denouncing such practices and from engaging in legal proceedings. It also notes the allegation by both the ICFTU and the CLTM that while the Constitution prohibits discrimination based on sex and the Labour Code provides for equal remuneration for equal work, only a minority of women workers benefit from this protection. The Committee notes that most of these allegations concern issues covered by Convention No. 111 and refers to its comments made relating to the application by Mauritania of that Convention. With regard to inequalities in remuneration, the Committee asks the Government to provide a reply on this matter with its next report, which the Committee will examine along with the comments by the ICFTU and the CLTM at its next session.
The Committee notes a communication by the International Federation of Free Trade Unions (ICFTU) dated 9 September 2002 concerning the application of the Convention, which has been submitted to the Government for any comments it may wish to make. The Committee has decided to take up this matter together with the Government’s first report on the application of the Convention which is due in 2004.