Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative recalled that the difficulties with respect to this Convention resulted from the painful events that took place in 1989 between Mauritania and Senegal, and he assured the Committee that the normalization of bilateral relations since then had permitted the reinstatement of workers in their employment and their free movement to the satisfaction of both parties. As Mauritania was a country founded in law, every person who considered that their rights had been infringed had the opportunity to appeal. More generally, the Constitution, the Law Respecting Public Service and the Labour Code prohibited any form of discrimination during recruitment or in employment. In the public service, the recruitment on the basis of competition guaranteed equality of opportunity to all Mauritanians without social, ethnic or racial distinction. In the private sector, the requirement of registration on the lists of service of the labour force was the only valid criterion. The Government's social policy aimed at encouraging the persons who were the most under-privileged.

The Workers' members recalled that this case originated in a representation presented by the National Confederation of Workers of Senegal, which resulted in the adoption by the Governing Body of a report recommending that specific measures be taken to determine the nationality of persons displaced and reparation for the prejudice suffered. The Governing Body had asked for a detailed report for 15 October 1991 on the effect given to these recommendations. However, the statement of the Government representative did not allow the Committee to determine what measures had been taken to give effect to these recommendations. Thus, it was appropriate to insist that the Government act quickly as indicated and that it inform the Office of measures taken in practice.

The Employers' members associated themselves with the Workers' members' request that the Government explain the concrete measures taken following the recommendations of the Governing Body. It was not sufficient to state that the reasons for the past events were history. Concrete measures remained necessary, pursuant to which the Government should present a detailed report as soon as possible so that the Committee of Experts would be in a position to examine the situation once again.

The Government representative stated that he had taken due note of the different observations and recommendations. In reply to a question from the Workers' member of Greece, he stated that negotiations between Mauritania and Senegal were going on.

The Committee regretted that the Government had not supplied information on the measures taken to implement the recommendations made by the committee set up by the Governing Body of the ILO to examine the representation presented under article 24 of the Constitution of the ILO concerning in particular the employment situation of nationals of Mauritania displaced in 1989 during a conflict with Senegal. Consequently, the Committee urged the Government to do everything possible to award appropriate compensation to the Mauritanian nationals who had suffered prejudice in their employment. The Committee expressed the hope that the Government would send a detailed report so that the Committee of Experts and this Committee would be able, in the near future, to note decisive progress towards resolving this problem.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(1)(a) of the Convention. Sexual harassment. With reference to its previous comments concerning the drafting of regulations prohibiting sexual harassment, the Committee notes that no progress has been made in this regard. The Committee notes the Government’s statement to the effect that sexual harassment is unknown in the customs and traditions of Mauritania, whereas the 2007–08 report of the National Committee on Human Rights emphasizes the proliferation of cases of sexual violence against women. The Committee also notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations on the Government’s initial report, expresses its concern that women’s access to justice is limited by a number of factors such as illiteracy, legal costs and lack of information about their rights (CEDAW/C/MRT/CO/1, 11 June 2007, paragraph 15). The Committee also notes that the Government wishes to receive technical assistance from the Office to prepare a legal instrument prohibiting sexual harassment in employment and occupation. Referring the Government to its general observation of 2002 on sexual harassment, the Committee:

(i)    urges the Government to take steps to draw up regulations prohibiting sexual harassment in employment and occupation in accordance with the abovementioned general observation, and also requests it to take the necessary steps to obtain technical assistance from the Office in this regard;

(ii)   urges the Government to take due consideration of the indications contained in the 2002 general observation, and provide the labour inspection services with adequate training to identify and deal with cases of sexual harassment in employment or occupation;

(iii) requests the Government to provide information on any cases of harassment detected by the labour inspection services; and

(iv)  requests the Government to take all necessary measures to promote women’s access to justice, including measures to provide women with full knowledge of their rights and of the legal procedures and remedies available for violations thereof.

Discrimination on the basis of social origin. In its previous comments the Committee noted that section 60 of the Labour Code prohibiting dismissal on discriminatory grounds did not include social origin in those grounds. The Committee notes the Government’s indication to the effect that, despite the formulation of section 60, a dismissal on the basis of the social origin of the worker remains prohibited under the terms of section 395 of the Labour Code, which prohibits any discrimination in employment or occupation, including discrimination on the basis of social origin. The Committee requests the Government to provide information on the practical application of sections 60 and 395 of the Labour Code to cases of discrimination on the basis of social origin, including information on any relevant decision issued by the judicial or administrative authorities.

Article 2. Equality of opportunity and treatment for men and women. While noting the Government’s indication that progress has been made regarding women’s access to the armed and security forces, the Committee notes from the 2007–08 report of the National Committee on Human Rights that gender disparities persist because of lax enforcement of the relevant legal instruments. The Committee also notes that CEDAW, in its concluding observations of 11 June 2007, noted with concern that Mauritania lacks specific measures to eliminate de facto discrimination against women in the area of employment (CEDAW/C/MRT/CO/1, paragraph 37). The Committee also notes that strong stereotypes exist with regard to the role of women in society. The Committee notes from the Government’s report that the Centre for the Training and Promotion of Women offers women training courses in catering, hairdressing, office technology, clothing manufacture and dressmaking, which, according to the Committee, contributes significantly towards the segregation of women to a certain range of jobs. The Committee urges the Government to take appropriate measures to promote women’s access to a wider range of jobs, particularly those traditionally occupied by men, including through a wider choice of training opportunities, and requests it to provide the following information:

(i)    on the application of these measures and their impact on the promotion of the principle of equality of opportunity and treatment for women;

(ii)   statistics on the distribution of women and men in the different economic sectors, categories of employment or occupation and posts;

(iii) on the implementation of the “National strategy for the promotion of women” and its impact on the application of the principle of the Convention; and

(iv)  on the application of strategies to involve women in decision-making contemplated in the “Plan of Action for the promotion of human rights” and also on any other initiative relating to the application of the principle of equality of opportunity and treatment for men and women implemented in this context.

Promotion of equality of opportunity and treatment without distinction on the basis of race, colour, national extraction or social origin. The Committee notes from the report of the National Committee on Human Rights the different initiatives contemplated in the context of the “Plan of Action for the promotion of human rights”. In particular, the Committee notes that this Plan of Action includes an evaluation of human rights policies and legislation, follow-up to the practical application of the Act Criminalizing and Penalties and Practices Similar to Slavery, training of those involved in the area of human rights, particularly judges and lawyers, and awareness raising on these subjects. The Committee requests the Government to supply information on measures aimed at promoting the acceptance and application of the principle of equality of opportunity and treatment without distinction on the basis of race, colour, national extraction or social origin which have been implemented pursuant to the Plan of Action for the promotion of human rights, including information on the acceptance and application of this principle with regard to migrant workers.

Article 3(a). Cooperation with the social partners. While noting the general description of the functions of the National Tripartite Council for Labour, Employment and Social Security, the Committee notes that no information has been supplied with regard to specific activities undertaken by this body. The Committee requests the Government once again to provide information on the specific activities undertaken by the National Tripartite Council for Labour, Employment and Social Security in order to promote equality of opportunity, and on the measures taken to facilitate dialogue on matters related to non-discrimination in employment and occupation.

Article 3(d). Application of the Convention in the public service. The Committee recalls its previous comments concerning the prohibition on recruiting any person deemed to be of unsound moral character to the post of public official or employee, in accordance with sections 6(2) and 110(2) of Act No. 93-09 of 18 January 1993. The Committee notes the Government’s indication that this prohibition applies to candidates who have been convicted of serious offences. The Committee requests the Government to provide information on the application of these provisions in practice, including cases of the non-recruitment of candidates deemed to be of unsound moral character, and on court decisions applying this principle. In the absence of any other previously requested information, the Committee again requests the Government as follows:

(i)    to indicate how, in practice, state officials and employees are protected against discrimination in employment and occupation, on the basis of all the grounds covered by Article 1(1)(a) of the Convention, including colour, religion, national extraction and social origin;

(ii)   provide examples of cases or decisions taken by the Disciplinary Council on this subject; and

(iii) clarify whether the term “opinion”, as used in sections 15 and 105 of Act No. 93-09, covers the concept of political opinion as defined in the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Discrimination on the basis of race, colour, national extraction or social origin. The Committee recalls the allegations by the Free Confederation of Workers of Mauritania (CLTM) emphasizing discriminatory practices in recruitment, occupation and job classification to which certain Mauritanians, particularly slaves, former slaves or descendants of slaves, are regularly exposed. Further to these allegations, the Committee asked the Government to indicate the specific measures taken to promote access on equal terms to training, employment and occupation for disadvantaged social and ethnic groups, irrespective of their race, colour or social origin. The Committee also expressed the hope of receiving statistics concerning the situation of these workers in the labour market in order to be able to evaluate the impact and progress of the national non-discrimination policy.

The Committee notes the Government’s indication that the labour administration services do not have any statistics based on ethnic origin or race as national policies cover all citizens, without any distinction made on the basis of race, social origin, religion or sex. The Committee also notes from the Government’s report that particular attention is given to the most disadvantaged sections of society in order to ensure their integration in the labour market. In particular, the Committee notes that measures have been taken to promote access to training, employment and occupation, particularly measures to promote literacy, vocational training and further learning. The Committee also notes that, according to the 2007–08 report of the National Committee on Human Rights, unequal access to education and employment, among other things, is causing increasing disparities between citizens. The Committee requests the Government to supply detailed information on the following:

(i)    the disadvantaged social and ethnic groups to which the Government gives particular attention;

(ii)   the resulting measures taken to eliminate any discrimination towards them and promote their access to training, employment and occupation irrespective of race, colour, national extraction or social origin; and

(iii) the number of persons belonging to these groups who have been able to benefit from these initiatives in practice.

Recalling the importance of collecting statistics to evaluate the impact and progress of the Government’s non-discrimination policy and to determine whether it is necessary to take special measures for certain disadvantaged groups, the Committee requests the Government to take the necessary steps to be able to provide such information in its next report.

With regard to the specific situation of slavery and practices similar to slavery which are still continuing today, the Committee notes the adoption on 9 August 2007 of the Act Criminalizing and Penalizing Practices Similar to Slavery. The Committee also notes the setting up of an inter-ministerial committee responsible for formulating a National Strategy to combat the effects of slavery, instituted by Decree No. 115.2006 of 12 October 2006. The Committee asks the Government to provide information on the progress made in adopting the national strategy, and on the measures that have been taken or envisaged in the context of this strategy to improve the training and employment opportunities of former slaves and descendants of slaves and to reduce discriminatory practices against them with respect to employment and occupation. The Committee also requests information on any court decisions concerning the application of the Act Criminalizing Practices Similar to Slavery. Please also provide information regarding the legal procedures and remedies available to disadvantaged men and women of all ethnic groups, in particular the former slaves and their descendants, who consider that they have been discriminated against. The Committee also requests the Government once again to indicate the measures taken or contemplated to ensure that the labour inspectorate is able to prevent such discriminatory practices in an effective manner.

With regard to the situation of black Mauritanian workers of Senegalese origin who, in terms of their employment, have suffered the consequences of the conflict with Senegal in 1989, the Committee continues to examine the action taken on the recommendations adopted in 1991 by the Governing Body with regard to a representation made by the National Confederation of Workers of Senegal (CNTS) under article 24 of the ILO Constitution. The Committee notes from the 2007–08 report of the National Committee on Human Rights that on 12 November 2007 the Mauritanian Government, the Senegalese Government and the Office of the United Nations High Commissioner for Refugees (UNHCR) signed an agreement establishing the legal framework for organizing the return of Mauritanian refugees. The Committee also notes that public discussions have taken place on measures for the integration or reintegration of these refugees and for establishing appropriate mechanisms in this regard. The Committee requests the Government to provide information on the progress made towards the practical application of these initiatives and, in particular, to supply detailed information on the measures taken or contemplated to reintegrate black Mauritanian workers of Senegalese origin into public employment or to compensate them or their dependants for the discrimination suffered following the events of 1989, including information on the number of persons who have benefited from these measures.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that the Government intends to address the issue of sexual harassment by way of regulation and that it asks the Office for assistance in this respect. The Committee again draws the Government’s attention to its general observation of 2002, a copy of which is attached and which may help the Government in preparing a legal instrument prohibiting sexual harassment in employment and occupation. It reminds the Government that the definition of sexual harassment contains two key elements, namely, quid pro quo harassment and hostile work environment. The Committee hopes that both of these aspects will be reflected in any legal instrument prohibiting sexual harassment in employment and occupation and it asks the Government to keep it informed of any progress in this regard. The Committee further hopes that the Office will be able to provide assistance on this matter as requested by the Government.

2. The Committee noted in its previous comment that, read together, sections 7, 60, 104 and 395(1) of the Labour Code provide protection against discrimination regarding employment contracts, recruitment and dismissal with respect to all the grounds of the Convention, except for non-discrimination in dismissal on the basis of social origin. The Government indicates that the current legislative and regulatory provisions do, in fact, prohibit the dismissal of a worker for reasons of social origin. It does not, however, identify in its report any specific legal provision or judicial authority to confirm that such a prohibition exists in law or in practice. The Committee must, therefore, ask the Government again to supply information on the application, including court decisions, of the relevant provisions in the Constitution and the Labour Code to indicate how discrimination in dismissal on the basis of social origin is prohibited.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes that the Government adopted a law in 2006 reserving 20 per cent of the positions on electoral lists for municipal councils and the national assembly for women. Despite this positive step towards equality in elected office, the Committee notes from the Government’s National Strategy for the Promotion of Women (2005-2008) that women in Mauritania continue to be marginalized in the labour market in comparison with men as evidenced not only by their low labour participation rates but also by their concentration in certain economic sectors, their under-representation in salaried work held largely by men and the persistent wage inequalities between men and women. With regard to the participation of women in education, and occupational segregation, the Committee also notes that the Government’s report substantially reproduces the figures provided in its previous report. It, therefore, hopes the Government will be in a position to provide up to date statistics in its next report on the progress made in the participation of girls in higher level education and their enrolment in education and training in non-traditional occupations, as well as information on the progress made in promoting employment mobility of women in non-traditional sectors and occupations.

4. Implementation of the national policy. The Committee notes that part of the National Strategy for the Promotion of Women involves strengthening the State Secretary on the Status of Women (SECF), along with the introduction of a follow-up mechanism tied to a national statistics system to ensure measured progress of the Strategy’s action plan. The Committee asks the Government to provide detailed information on the implementation of the National Strategy for the Promotion of Women and to indicate how the activities carried out have affected the promotion of equality of opportunity and treatment between men and women in employment and occupation. It also requests the Government to include information on the follow-up mechanism, in particular statistical data showing the progress made under this Strategy towards greater equality in employment between men and women. Please also provide information on the work of the Human Rights Commission and on the measures implemented under the National Plan on the Promotion and Protection of Human Rights towards promoting the acceptance and observance of the national non-discrimination policy with regard to the other grounds covered in Article 1(1)(a) of the Convention.

5. Article 3(a). Cooperation with social partners. The Government reports that the tripartite National Council of Labour, Employment, Social Security and Vocational Training favours dialogue and the strict enforcement of the applicable laws as the means to promote the acceptance and observance of the national non-discrimination policy. The Committee requests information on the concrete activities of the Council to promote equal opportunity, particularly the action it has taken to facilitate dialogue on matters relating to non-discrimination in employment and occupation.

6. Article 3(d). Application in the public service. The Committee recalls that civil servants are excluded from the application of the new 2004 Labour Code under section 1(3) and, therefore, from the non-discrimination provisions set out in the Code. It notes that civil servants, excluding judges, military personnel and those in the National Guard, are governed by Act No. 93-09 of 18 January 1993 concerning the general status of civil servants and contractual agents of the State. The Committee notes that section 14 of this Act guarantees freedom of opinion and that section 15 prohibits discrimination between civil servants on the grounds of opinion, sex and race (section 105 prohibits the same discriminatory treatment between contractual agents). The Committee also notes that sections 6(2) and 110(2) of the Act stipulate that no one may be hired either as a civil servant or contractual agent if they are not of good moral character. The Committee asks the Government to indicate how civil servants and contractual agents of the State are protected in practice from discrimination in employment and occupation on all of the grounds covered by Article 1(1)(a) of the Convention, including colour, religion, national extraction and social origin and asks the Government to include examples of relevant cases or decisions by the disciplinary council. The Government is also asked to clarify whether “opinion” as it appears in sections 15 and 105 of Act No. 93-09 includes the notion of political opinion as set out in the Convention. Please also provide information on how the Government determines whether an applicant meets the good moral character requirement set out in sections 6(2) and 110(2) of Act No. 93-09 and how the Government ensures in practice that this requirement does not result in discrimination that is contrary to the Convention against individuals seeking access to employment in the civil service.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Discrimination on the basis of race, colour, national extraction and social origin. The Committee recalls the allegations by the Free Confederation of Workers of Mauritania (CLTM) that certain Mauritanians, in particular slaves, former slaves and descendants of slaves, are unpaid or underpaid, and that they do not have equal opportunities in employment due to discriminatory practices in recruitment, occupation and classification. The CLTM further alleges that the system allows public and private establishments to violate the laws on a daily basis with impunity and to discriminate in recruitment on the basis of social origin and political affiliation. The Government responds that the CLTM’s allegations are implausible and that all Mauritanians enjoy the same rights, including the black communities, with regard to access to employment. Noting that the Government does not provide an assessment of  the labour market situation of ethnic minorities, the Committee again asks for information on the active measures taken to promote equal access of disadvantaged social and ethnic groups to training, employment and occupation irrespective of their race, colour or social origin. Further recalling the importance of collecting statistical data to assess the impact and progress of the Government’s non-discrimination policy and to determine the need for special measures to be taken with regard to certain disadvantaged groups, the Committee hopes the Government will be able to provide such information in its next report.

2. The Committee recalls the Government’s statement that there are no disadvantaged ethnic groups in Mauritania because in the past, social stratification and slavery existed in each of the four main ethnic groups (Moors, Pulaar, Soninké and Wolof). Recalling that section 395(2) of the Labour Code of 2004 prohibits discrimination on the basis of social origin and that employers are obliged under section 104 to respect the principle of non-discrimination in recruitment, the Committee reminds the Government that prejudices and preferences based on social origin may still persist even when rigid stratifications in society have disappeared, and that former slaves and their descendants may continue to face discrimination in employment and occupation due to their social origin, as is alleged by the CLTM. The Committee notes the Government’s indication that it has demonstrated good faith in this regard, having accepted the direct contacts mission in 2004 on the Forced Labour Convention, 1930 (No. 29), as well as investigations in 2006. The Committee acknowledges the Government’s cooperation and recalls, in this respect, its adoption of the Strategic Framework on the Fight against Poverty to reduce inequalities and respond to the basic needs of the most deprived. The Committee again asks the Government to provide information on the measures taken or contemplated under this Framework to improve the levels of training and employment as well as the social mobility of the most disadvantaged men and women of all ethnic groups, and in particular the former slaves and their descendants, and to reduce discriminatory practices against them with respect to employment and occupation, and especially recruitment. The Committee also requests the Government to provide information on the measures taken to ensure effective and impartial supervision by the labour inspectorate of discriminatory practices and to guarantee the right of workers to effective legal remedies when they consider they are being discriminated against. It refers in this connection to the comments being made under Convention No. 29 on the strengthening of labour inspection.

3. The Committee continues its follow-up to the recommendations made in 1991 by a committee established by the Governing Body to examine a representation made by the National Confederation of Workers of Senegal (CNTS), under article 24 of the ILO Constitution, alleging failure to apply the Convention, in particular to black Mauritanian workers of Senegalese origin whose employment was adversely affected as a consequence of the conflict with Senegal in 1989. In this context, the Committee is monitoring whether appropriate measures have been implemented to compensate for the harm done to Mauritanian nationals who were subjected to discrimination, by reintegrating such persons into their employment and re-establishing their related rights. The Committee notes the Government’s indication that no judicial or administrative action has ever been taken by these individuals since their problems were resolved, as indicated in previous reports under the Protection of Wages Convention, 1949 (No. 95). Referring to its most recent observation under Convention No. 95, the Committee recalls that despite reassurances on this matter, the Government is still not in a position to supply the slightest concrete element or documented information corroborating its statements. The Committee is therefore bound once more to ask the Government to spare no effort in providing specific details on the measures taken and the number of affected workers who have been inserted in government employment or alternatively provided with compensation, and those who received retirement pensions after the events of 1989.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information in the Government’s report and the comments submitted by the International Confederation of Free Trade Unions (ICFTU) dated 9 September 2002 concerning the low participation of women in certain economic sectors and in high-level education.

1. Article 1(1)(a) of the Convention. Sexual harassment. Noting that the new Labour Code adopted in 2004 does not include a provision explicitly defining and prohibiting sexual harassment in the workplace, the Committee asks the Government to indicate whether it envisages inserting such a provision in the Labour Code on adopting other legislation on this practice. In the meantime, the Government’s attention is drawn to the general observation of 2002 on this Convention requesting information on how sexual harassment is prohibited and prevented in both the private and public sectors.

2. Prohibition of discrimination. Further to its observation, the Committee notes that section 395(a) and sections 7, 60 and 104 of the Labour Code, read together, provide for protection against discrimination regarding contracts of employment, recruitment and dismissal with respect to all the grounds of the Convention, except for non-discrimination in dismissal on the basis of social origin. It also notes that sections 394 and 395(a) read together indicate that general rules of employment and prohibitions, limitations and priorities of employment concerning certain categories of workers, set by the Council of Ministers, shall be opposed to all discrimination, distinction, exclusion or preference based on all the grounds contained in the Convention. The Committee asks the Government to supply information on the application in practice, including courts decisions, of the abovementioned provisions and to indicate how discrimination in dismissal on the basis of social origin is prohibited.

3. Article 2. Equality of opportunity and treatment of men and women. Part V of the report form. Practical application. The Committee notes the statement by ICFTU that women’s participation in certain economic sectors and in high-level education remains low. However, it also notes the further progress made in the participation rate of girls in primary (49.1 per cent) and secondary education (43.8 per cent) in 2002-03. While the participation rate of girls in higher education indeed remains low (21.3 per cent in 2001-02) and women are absent in certain vocational training courses (e.g. welding) and predominant in others (e.g. clothing and secretariat) the statistics indicate that women are gradually entering sectors previously reserved for men, such as mechanics and electronics. The Committee also notes with interest the information on the Training Centres for the Promotion of Women and the various activities by the Minister of Education to improve the education and vocational training of women and girls and to eliminate sexist stereotypes on the roles of men and women. It encourages the Government to continue its efforts in this area and to provide information on the further progress made in the participation of girls in higher-level education and their enrolment in education and training in non-traditional occupations. Please also provide information on the progress made in promoting employment mobility of women in non-traditional sectors and occupations.

4. Article 3(a). Cooperation with social partners. Noting the tripartite nature of the National Council of Labour, Employment, Social Security and Vocational Training, please provide information on the manner in which the Council is promoting the acceptance and observance of the national non-discrimination policy.

5. Cooperation with other bodies to implement the policy. The Committee notes with interest the information on the mandate and activities of the State Secretary on the Status of Women (SECF), in particular the development of a National Strategy on the Promotion of Women and the creation of its Follow-up Group on Gender (Groupe de Suivi Genre (GSG)) responsible for gender analysis and gender mainstreaming. Furthermore, the Committee notes that the National Human Rights Commission is implementing employment programmes promoting the insertion of female heads of households and young women without professional qualifications in employment-generating activities. The National Plan on the Promotion and Protection of Human Rights also contributes to the dissemination of women’s rights and addresses the most vulnerable amongst them. The Government is asked to provide copies of the National Strategy on Women and the National Plan on Human Rights and to indicate how the activities carried out under these instruments have affected the promotion of equality of treatment between men and women in employment and occupation. Please also provide information on the manner in which the Human Rights Commission is promoting the acceptance and observance of the national non-discrimination policy with regard to the other grounds covered in Article 1(1)(a) of the Convention.

6. Article 3(d). Application in the public service. The Committee notes that civil servants are excluded from the application of the new Labour Code of 2004 (section 1(3)). It asks the Government to provide information, including statistics, on how civil servants are protected against discrimination, in law and in practice, in employment and occupation on all the grounds covered by the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report, received in September 2004. It also notes the comments submitted by the Free Confederation of Mauritanian Workers (CLTM) received in February 2003 and sent to the Government in March 2003, which relate in part to issues covered by Convention No. 111, notably discriminatory practices in recruitment, occupation and classification and the unequal treatment of certain groups of Mauritanians. The International Confederation of Free Trade Unions (ICFTU) also submitted comments, on 9 September 2002, concerning participation of women, and these are being addressed in a direct request. The Committee refers also to its observation on the Forced Labour Convention, 1930 (No. 29), following the direct contacts mission to the country focusing on that Convention, in May 2004.

Article 1 of the Convention. Discrimination on the basis of race,
colour, national extraction, and social origin

1. The Committee notes the allegations by the CLTM that the State has established an arbitrary political and legal system according to which certain Mauritanians, in particular slaves, former slaves and descendant of slaves are excluded from active life and deprived of certain economic and social rights. The CLTM states that they are unpaid or underpaid, and that they do not have equal opportunities in employment due to discriminatory practices in recruitment, occupation and classification. The CLTM further alleges that the labour inspectorate is preventing workers from denouncing discriminatory practices and from bringing legal proceedings against their employers. The system is said to allow public and private establishments to violate the laws on a daily basis without being prosecuted and to discriminate in recruitment on the basis of social origin and political belonging. The Committee notes that these allegations relate closely to the concerns expressed in its previous observation regarding the treatment of former slaves and their descendents and the alleged exclusion and discrimination against some groups of the population, including black communities, in respect to access to employment. In this context, the Committee had requested information, including statistics, on measures taken by the Government to promote equal access of disadvantaged social and ethnic groups to training employment and occupation irrespective of their race, colour, or social origin.

2. The Committee notes that the Government’s report replies to some of the issues raised by the ICFTU and CLTM. It notes the Government’s statement that, in Mauritania, there are no disadvantaged ethnic groups because, in the past, the same social stratification (nobles, professionals or caste groups, tributaries and those held in slavery) existed amongst all of the four main ethnic groups composing Mauritanian society (Moors, Pulaar, Soninké and Wolof), and slavery used to exist within all of these groups. The Government adds that it is taking efforts to improve the conditions of all those living in poverty, who include others in addition to former slaves. The Committee also notes the adoption of the Labour Code of 2004, section 395(2), of which contains the principle of non-discrimination on the basis of race, national extraction, colour, sex, political opinion, religion and social origin, and section 104 of which requires the employer to respect the principle of non-discrimination with respect to recruitment. The Committee recalls that under Convention No. 111, "social origin" is a prohibited ground of discrimination and refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future. It points out that prejudices and preferences based on social origin may still persist even when rigid stratification in society have disappeared, and that former slaves and their descendents may continue to face discrimination in employment and occupation due to their social origin - as they are said to do by the CLTM. Noting that the Strategic Framework on the Fight against Poverty aims to reduce inequalities and to respond to the basic needs of the most deprived, the Committee asks the Government to provide information on the measures taken or contemplated under this Framework to improve the levels of training and employment as well as the social mobility of the most disadvantaged men and women of all ethnic groups, and in particular the former slaves and their descendants, and to reduce discriminatory practices against them with respect to employment and occupation, and especially recruitment. The Committee also requests the Government to provide information on the measures taken to ensure effective and impartial supervision by the labour inspectorate of discriminatory practices and to guarantee the right of workers to institute legal proceedings when they consider they are being discriminated. It refers in this connection to the comments being made under Convention No. 29 on the strengthening of labour inspection.

3. The Committee notes the Government’s statement that it cannot supply any statistics on the impact of its actions targeting the most advantaged layers of society as these concern all citizens irrespective of their ethnic origin. The Committee recalls that in order to assess the impact of any government national non-discrimination policy and to determine the need for taking special measures to promote equality, some indication is needed, be it overall trends in employment and training, on the labour market situation of all groups in society. The Committee urges the Government to provide such information in its next report, to the extent it is available; and to indicate whether assistance is needed in the construction of an adequate statistical system.

Discrimination on the basis of national extraction

4. The Committee continues its follow-up to the recommendations made in 1991 by a committee established by the Governing Body to examine a representation made by the National Confederation of Workers of Senegal (CNTS), under article 24 of the ILO Constitution, alleging failure to apply the Convention, in particular to black Mauritanian workers of Senegalese origin whose employment was adversely affected as a consequence of the conflict with Senegal in 1989. In this context, the Committee is monitoring whether appropriate measures are implemented to compensate for the harm done to Mauritanian nationals who were subjected to discrimination, by reintegrating such persons into their employment and re-establishing their related rights. The Committee notes the Government’s statement that appropriate measures have been taken to reinsert these workers in professional life and to offer retirement pensions to those entitled to them. The Committee is bound to urge the Government once more to provide specific details on the measures taken and the number of affected workers that have been effectively inserted in government employment or alternatively provided with compensation, and those who received retirement pensions after the events of 1989, and on any administrative and legal appeals lodged by those who consider that they have suffered prejudice in these areas.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the report, containing information in reply to its previous direct request.

1. The Committee notes with interest that the Government has continued to improve the educational system, inter alia, through increasing the number of educational establishments, training and recruitment of teachers and the creation of an assistance fund for the enrolment of girls. It notes that further progress has been made in respect to the enrolment rate of girls in schools which reached 83.2 per cent in 1999-2000. According to the Government, girls participate in primary education to the same extent as boys, while at the secondary level 41 per cent of the pupils are girls. In technical and vocational schools the share of female students is currently at one-third. It also notes that in 2001, the adult illiteracy rate (persons over 15 years of age) was at 69.3 per cent for women and at 48.9 per cent for men. The Committee notes that the Government has continued to take promotional measures to encourage the equal participation of girls in education and training, including in scientific and technical fields, and that it will concentrate its activities in areas where tradition continues to have a unfavourable impact on the educational opportunities of girls. In this context, the Committee also notes the adoption of a new Personal Status Code and the Act concerning compulsory basic education which in the Government’s view will be important instruments to promote women’s emancipation and the enjoyment of their human rights. The Government is requested to continue to provide information on the participation of girls and boys in primary and secondary education, but also at the university level of education, as well as on the enrolment of girls in education and training concerning occupations not traditionally considered as being for women.

2. The Committee also asks the Government to provide information on the reform of the centres for the promotion of women (CPF) previously referred to by the Government, and on the activities of the various bodies and institutions involved in promoting equality of women and men in employment and occupation, such as the State Secretariat on the Status of Women and the Human Rights Commission.

3. Please provide information on the manner in which the Government is cooperating with the organizations of workers and employers to improve the application of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee continues its follow-up to the recommendations made in 1991 by a committee established by the Governing Body to examine a representation made by the National Confederation of Workers of Senegal (CNTS), under article 24 of the ILO Constitution, alleging failure to apply the Convention, in particular to black Mauritanian workers of Senegalese origin whose employment was adversely affected as a consequence of the conflict with Senegal in 1989. In this context, the Committee is monitoring whether appropriate measures are implemented to compensate for the harm done to Mauritanian nationals who were subjected to discrimination, by reintegrating such persons into their employment and re-establishing their related rights. The Committee recalls that the Government has previously indicated that any worker who can justify any right in connection with his or her former employer has been able to resume the enjoyment of these rights without hindrances and that administrative and legal means of redress are open to all persons who consider that they suffered prejudice in this field. It also recalls that in previous comments the Committee was able to note that a number of workers affected have recovered their rights in respect to retirement pensions. The Committee had requested information including statistics on the number of workers reinstated, wage arrears payments and appeals introduced by these workers. Noting with regret that the Government’s latest report does not contain any new information on this matter, the Committee is thus bound, once again, to reiterate its request to the Government to provide information on the number of affected workers reintegrated in government employment after the event of 1989 and on any administrative and legal appeals lodged who consider that they have suffered prejudice in these areas. It is hoped that the Government takes the necessary measures in the near future. As regards the issue of payment of wage arrears to workers affected, reference is made to the Committee’s comments under Convention No. 95.

2. The Committee recalls its concern over the situation of former slaves and their descendents and that it was previously able to note that the Government had taken some specific political and social measures to promote equal access to employment and training of disadvantaged ethnic groups, in particular groups which had been exposed to slavery prior to its abolition. It also recalls its request to the Government to provide statistical or other information on the participation of disadvantaged ethnic or social groups in training and employment. The Committee notes that the Government once again states that it has no statistical information at its disposal about different categories of civil servants as all Mauritanians enjoy equality before the law irrespective of their race, origin, sex or religion. The Government is also not able to provide any information on specific measures taken or the impact of such measures on improving the training and employment levels of these ethnic groups. The Committee takes note of the concluding observations of the Committee on the Elimination of Racial Discrimination of 20 August 1999 (CERD/C/304/Add.82) concerning alleged exclusion and discrimination against some groups of the population, including black communities, in respect to access to employment. It draws the attention of the Government to the importance of collecting and analysing statistical data and information so as to be able to plot trends and assess the impact of its national non-discrimination policy. The Committee requests the Government to provide information on measures taken or envisaged to promote equal access of disadvantaged social and ethnic groups, including former slaves and their descendants, to training, employment and occupation, irrespective of their race, colour, or social origin, as well as statistical or other information that would enable the Committee to follow the situation in this respect.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the Government's report, which is identical to the previous report, for the period ending 1 September 1997. It therefore feels compelled to reiterate its previous direct request, which read as follows:

1. The Committee notes the two reports prepared by the state secretariat responsible for the status of women relating to the national strategy for the promotion of women, one of which focused on "women and self-employment" and the other on "women, education and training", and which were sent by the Government following the Committee's previous comments. It also notes the information provided by the Government on the major role played by women in the country's informal economic activity, in particular in the sectors of agriculture, arts and crafts, commerce and services.

2. As regards the training of women, the Committee observes that at first, given the high level of illiteracy among the population in general, in its action plan the Government decided to highlight education for all by the year 2000 without any special consideration being given to the situation of women. The Committee notes that this expansion strategy for primary and secondary education has benefited girls, even if the advantages have been greater for boys. Vocational training for women provided by centres for the promotion of women (CPF), or by private institutions, is essentially devoted to the learning of activities traditionally considered as being for women (sewing, weaving, crochet, dyeing, embroidery, typing and so on), without taking account of the needs of the market. The Committee therefore expresses satisfaction at the change in the Government's position in relation to its evaluation of the challenge represented by the school attendance of girls in a developing country and of the awareness of the significant handicap represented by a limited number of active female economic operatives, resulting from their lack of training, in relation to their employment and income prospects. According to the reports provided by the Government, studies have clearly shown that an increase in the level of education of girls had a positive impact on the effectiveness of the development activities undertaken both at an economic and social level. The Committee therefore notes with interest that the 1995-2000 Action Plan makes specific provision for the improved access for, and maintenance of, girls in primary and secondary education (acceptance of all girls of 6 years of age who present themselves, gradual elimination of non-annual enrolment in rural areas, more equitable distribution of school infrastructures, introduction of regulations allowing married girls to rejoin school lessons, an increase of 50 per cent in funding up to secondary-school level, recruitment of female primary-school teachers and assistant primary-school teachers and so on). The Committee observes that as regards technical or higher education and vocational training, few women are present in the disciplines most in demand within the employment market (technical education, engineering, management). It notes, however, that a number of girls are entering disciplines which were previously closed to them (motor mechanics, electrical engineering, electrical construction, civil engineering), although the majority of them are still employed in construction design and information technology. The Committee notes that the Government is envisaging the reform of the CPF and requests it to keep it informed of the progress made in the implementation of this restructuring and of the results obtained, in particular from the point of view of the attendance rate of women, the adaptation of training programmes to labour market openings, and the increase in the level of staff qualifications and of the operational budgets allocated by the State. The Committee also requests the Government to indicate the measures taken or envisaged in order to increase the number of women teachers in the occupational sectors not traditionally considered as being for women.

3. In it previous comments, the Committee noted that the Government had taken specific political and social measures to promote the employment and training of disadvantaged ethnic groups -- in particular the groups which had been exposed to the practice of slavery prior to its abolition. In reply to the Committee's request to obtain statistics on the participation of these groups in the various programmes for the promotion of equality of opportunity and treatment in existence, the Government states that the compilation of statistics relating to a particular social group would be discriminatory. The Committee recognizes that there might be some exceptional circumstances where the gathering of data on one particular group could be perceived as a form of discrimination. However, the Committee has always laid great stress on the importance of governments' obtaining reliable statistics so as to be able to plot trends and assess the impact of their national non-discrimination policy. On the issue of collecting data, the Committee stated in paragraph 248 of its 1988 General Survey on equality in employment and occupation that it is difficult but important to reconcile the need for detailed information so that the best methods of remedying discrimination can be determined, with the need to protect individuals against discriminatory use of such data. The Committee nevertheless requests the Government to indicate how it intends to assess -- without the aid of such data -- the results obtained through its policy for the occupational integration of these population groups, and repeats its request for any details -- even in the form of broad percentages -- on the participation of disadvantaged ethnic groups in the Government's employment and training programmes.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the Government's report, which is identical to the previous report, for the period ending 1 September 1997. It therefore feels compelled to reiterate its previous observation, which read as follows:

The Committee recalls that it is ensuring the follow-up to the recommendations made in 1991 by the Committee established to examine the representation made by the National Confederation of Workers of Senegal (CNTS), under article 24 of the ILO Constitution, alleging failure to apply the Convention, in particular to black Mauritanian workers of Senegalese origin whose employment was adversely affected following the conflict with Senegal in 1989. The Committee is therefore monitoring whether appropriate measures are implemented to compensate for the harm done to the Mauritanian nationals who were subjected to discrimination, by reintegrating such persons into their employment and re-establishing their rights in this area. The Committee is also kept informed of the progress made in the implementation of the decisions adopted in 1993 by the Joint Mauritanian-Senegalese Committee in respect of retirement pensions and wage arrears. The Committee notes with interest that a number of the workers affected by the events of 1989 have recovered their rights in respect of retirement pensions. Since the Government has not replied to the other points raised in its previous observation, the Committee reiterates that it would like the Government to provide: (a) statistics on the number of workers, in particular public servants and state employees, who have been reinstated in their jobs as part of the government programme for the occupational reintegration of the workers who fell victim to the events of 1989; (b) information on any payments of wage arrears made to these workers; and (c) information on the administrative and legal appeals lodged by workers who consider that they suffered prejudice in these areas and, where appropriate, copies of the decisions taken.

The Committee is addressing a direct request to the Government on other points.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the two reports prepared by the state secretariat responsible for the status of women relating to the national strategy for the promotion of women, one of which focused on "women and self-employment" and the other on "women, education and training", and which were sent by the Government following the Committee's previous comments. It also notes the information provided by the Government on the major role played by women in the country's informal economic activity, in particular in the sectors of agriculture, arts and crafts, commerce and services.

2. As regards the training of women, the Committee observes that at first, given the high level of illiteracy among the population in general, in its action plan the Government decided to highlight education for all by the year 2000 without any special consideration being given to the situation of women. The Committee notes that this expansion strategy for primary and secondary education has benefited girls, even if the advantages have been greater for boys. Vocational training for women provided by centres for the promotion of women (CPF), or by private institutions, is essentially devoted to the learning of activities traditionally considered as being for women (sewing, weaving, crochet, dyeing, embroidery, typing and so on), without taking account of the needs of the market. The Committee therefore expresses satisfaction at the change in the Government's position in relation to its evaluation of the challenge represented by the school attendance of girls in a developing country and of the awareness of the significant handicap represented by a limited number of active female economic operatives, resulting from their lack of training, in relation to their employment and income prospects. According to the reports provided by the Government, studies have clearly shown that an increase in the level of education of girls had a positive impact on the effectiveness of the development activities undertaken both at an economic and social level. The Committee therefore notes with interest that the 1995-2000 Action Plan makes specific provision for the improved access for, and maintenance of, girls in primary and secondary education (acceptance of all girls of 6 years of age who present themselves, gradual elimination of non-annual enrolment in rural areas, more equitable distribution of school infrastructures, introduction of regulations allowing married girls to rejoin school lessons, an increase of 50 per cent in funding up to secondary-school level, recruitment of female primary-school teachers and assistant primary-school teachers and so on). The Committee observes that as regards technical or higher education and vocational training, few women are present in the disciplines most in demand within the employment market (technical education, engineering, management). It notes, however, that a number of girls are entering disciplines which were previously closed to them (motor mechanics, electrical engineering, electrical construction, civil engineering), although the majority of them are still employed in construction design and information technology. The Committee notes that the Government is envisaging the reform of the CPF and requests it to keep it informed of the progress made in the implementation of this restructuring and of the results obtained, in particular from the point of view of the attendance rate of women, the adaptation of training programmes to labour market openings, and the increase in the level of staff qualifications and of the operational budgets allocated by the State. The Committee also requests the Government to indicate the measures taken or envisaged in order to increase the number of women teachers in the occupational sectors not traditionally considered as being for women.

3. In it previous comments, the Committee noted that the Government had taken specific political and social measures to promote the employment and training of disadvantaged ethnic groups -- in particular the groups which had been exposed to the practice of slavery prior to its abolition. In reply to the Committee's request to obtain statistics on the participation of these groups in the various programmes for the promotion of equality of opportunity and treatment in existence, the Government states that the compilation of statistics relating to a particular social group would be discriminatory. The Committee recognizes that there might be some exceptional circumstances where the gathering of data on one particular group could be perceived as a form of discrimination. However, the Committee has always laid great stress on the importance of governments' obtaining reliable statistics so as to be able to plot trends and assess the impact of their national non-discrimination policy. On the issue of collecting data, the Committee stated in paragraph 248 of its 1988 General Survey on equality in employment and occupation that it is difficult but important to reconcile the need for detailed information so that the best methods of remedying discrimination can be determined, with the need to protect individuals against discriminatory use of such data. The Committee nevertheless requests the Government to indicate how it intends to assess -- without the aid of such data -- the results obtained through its policy for the occupational integration of these population groups, and repeats its request for any details -- even in the form of broad percentages -- on the participation of disadvantaged ethnic groups in the Government's employment and training programmes.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee recalls that it is ensuring the follow-up to the recommendations made in 1991 by the Committee established to examine the representation made by the National Confederation of Workers of Senegal (CNTS), under article 24 of the ILO Constitution, alleging failure to apply the Convention, in particular to black Mauritanian workers of Senegalese origin whose employment was adversely affected following the conflict with Senegal in 1989. The Committee is therefore monitoring whether appropriate measures are implemented to compensate for the harm done to the Mauritanian nationals who were subjected to discrimination, by reintegrating such persons into their employment and re-establishing their rights in this area. The Committee is also kept informed of the progress made in the implementation of the decisions adopted in 1993 by the Joint Mauritanian-Senegalese Committee in respect of retirement pensions and wage arrears. The Committee notes with interest that a number of the workers affected by the events of 1989 have recovered their rights in respect of retirement pensions. Since the Government has not replied to the other points raised in its previous observation, the Committee reiterates that it would like the Government to provide: (a) statistics on the number of workers, in particular public servants and state employees, who have been reinstated in their jobs as part of the Government programme for the occupational reintegration of the workers who fell victim to the events of 1989; (b) information on any payments of wage arrears made to these workers; and (c) information on the administrative and legal appeals lodged by workers who consider that they suffered prejudice in these areas and, where appropriate, copies of the decisions taken.

2. The Committee is addressing a direct request to the Government on other points.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information communicated by the Government in its report.

1. In regard to employment and training for women, the Committee notes in reply to its request for information on positive measures taken or envisaged to facilitate and encourage the access of women to training, particularly vocational and higher training, and access to occupations traditionally reserved for men, that a State Secretariat for Women has been established in order to promote and encourage the emancipation of women. This secretariat plays a major role in laying down social policies for women, taking care of this section of society and promoting its effective integration in the development policy of the country. The Committee asks the Government to send with its next report copies of extracts from the social policy for women laid down by the State Secretariat for Women regarding the promotion of equality of opportunity and treatment in training and employment. Please also provide detailed information on how the aspects of this policy are applied and the results obtained, including statistics on the proportion of women as compared with men who participate in general, vocational and university training and in the various categories and levels of public and private employment.

2. With regard to training and employment of disadvantaged ethnic groups, particularly groups that were subjected to slavery before its abolition, the Committee notes from the report that the Government has taken specific measures in favour of these groups for their integration and social development in society. These are measures of a political nature, such as access for these categories to higher administrative and elected office (ministers, secretaries-general, directors, deputies, senators, etc.) and of a social nature, such as access to school for their children and to literacy and land for adults in urban and rural areas. In order to appreciate progress made in this regard, the Committee requests the Government to attempt to assemble - with the cooperation of organizations of employers and workers and any appropriate body, including the ILO if the Government deems it necessary and requests accordingly. Please also supply with the next report statistical data on participation of these groups, as compared with other groups, in education and training and in public and private employment.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the information supplied by the Government concerning the follow-up given to the recommendations of the Committee established in 1991 to examine the representation alleging failure to apply the Convention, in particular the measures taken in practice to grant adequate compensation to black Mauritanian workers of Senegalese origin whose employment was adversely affected as a result of their being forcibly displaced in 1989 during the conflict with Senegal.

2. The Committee notes the indication that, after normalization of relations between Mauritania and Senegal, tens of thousands of Mauritanians have resumed their work without any risk to their safety or their belongings. As it requested in its previous observation, the Committee asks the Government to provide detailed information, including statistics, on the number of workers, especially public servants and state employees, who have resumed their work under the governmental occupational reintegration programme for workers who were victims of the events of 1989, referred to in previous reports.

3. The Committee also notes from the report that any worker who can justify any right in connection with his or her former employer has been able to resume the enjoyment of these rights without hindrance. The Committee requests the Government to confirm that these rights include retirement pensions and salary arrears in accordance with the decision in November 1993 of the Joint Mauritanian-Senegalese Committee. It requests the Government once again to provide with its next report detailed information, including statistics, so that progress made in implementation of this decision can be judged.

4. Noting from the report that administrative and legal means of redress are open to all persons who consider that they suffered prejudice in this field, the Committee requests the Government to communicate information on any administrative or legal appeals lodged and, if applicable, copies of any decisions relating to the application of the Convention.

5. The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes that, in its report, the Government repeats its previous statement concerning the absence of discrimination in national law and practice concerning employment and training, based on the grounds set out in the Convention, particularly sex and race.

The Committee notes, however, that the report does not contain the information that it has requested for several years on the measures taken - and the results obtained - to promote effective implementation of the national policy established by Articles 2 and 3 of the Convention, and points out that the Government's obligations under the Convention do not stop at the adoption of laws or regulations banning discrimination or establishing equality, but imply the adoption and implementation of a national policy which includes affirmative action to promote equal opportunity and treatment in particular with regard to employment and training.

The Committee therefore trusts that in its next report the Government will provide details of the affirmative measures taken or envisaged, in accordance with the Convention and the national legislation, to facilitate and encourage the access of women and disadvantaged ethnic groups (particularly groups that suffered from the practices of slavery before it was abolished) to vocational training and higher education, and the jobs traditionally reserved for men or other ethnic groups and to supervisory and management posts. In this connection, the Committee refers to paragraphs 166 to 169 (where it specifies the concept of affirmative measures and gives example of their implementation) and paragraph 240 of its 1988 General Survey on equality in employment and occupation, in which it stresses that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or is fully applied, especially when no other details are given on the contents and methods of implementing the national policy on equality of opportunity and treatment in employment and occupation.

2. Noting from the report that the statistical data on the distribution of workers have not yet been updated, the Committee wishes to draw the Government's attention to paragraph 247 of the above-mentioned General Survey in which it indicates that improvement in the means available for compiling information on direct and indirect forms of discrimination based for example on race, colour or sex is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. It therefore again expresses the hope that the Government will provide information with its next report, which gives a clearer indication of the status of women and members of disadvantaged ethnic groups in training and employment, particularly the statistics requested in paragraphs 2 and 4 of its previous direct request.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. With reference to its previous observation concerning the implementation of the recommendations of the Committee set up by the ILO Governing Body to examine the representation made under article 24 of the ILO Constitution concerning, in particular, the employment situation of the Mauritanian nationals who were displaced in 1989 during the conflict with Senegal, the Committee notes the information provided by the Government in its brief report.

2. The Committee takes due note of the Government's general indication that anyone providing proof that he or she is of Mauritanian nationality and has held a job in Mauritania has had his or her entitlements re-established. So that it can ascertain the progress made in the implementation of the above-mentioned recommendations of the Governing Body Committee, the Committee asks the Government to provide details of the measures taken in practice to provide adequate compensation to Mauritanian workers whose employment was adversely affected (loss of job, wages, acquired social rights) as a result of being forcibly displaced. It would appreciate in particular detailed information on the measures taken (and the results obtained, backed up by statistical data) to implement the decision taken in November 1993 by the Joint Mauritanian-Senegalese Committee, concerning payment by the bodies responsible of retirement pensions and wages in arrears to the respective nationals of the two countries for the period that has elapsed since April 1989. It also asks the Government to provide detailed information on the implementation of the government programme for the reintegration into the labour market of the workers who suffered as a result of these events and the results obtained, for example, the number of public employees and civil servants who have been reintegrated into the public administration as compared to those who had to leave the country following the events of 1989.

3. The Committee is addressing a request directly to the Government concerning other points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its reports.

1. The Committee notes that the Government states that all general state policy contains measures to encourage equality of opportunity and treatment in respect of employment and occupation, and that all necessary measures are taken in law and in practice to eliminate discrimination in access to vocational training (admission is subject to a test), access to employment and particular occupations, and terms and conditions of employment. The Committee recalls, however, that affirmative action must be taken to create conditions for promoting effective equality of opportunity and treatment in employment or occupation and to eliminate discrimination based on race, colour, sex, religion, political opinion, national extraction and social origin.

The Committee refers to paragraphs 166 to 169 of its General Survey of 1988 on Equality in Employment and Occupation, in which it expands on the notion and content of affirmative measures which set out to eliminate and make good any de facto inequalities in training and employment and to promote equality of opportunity of various social groups which are subject to discrimination, particularly women and disadvantaged ethnic groups. It asks the Government to provide detailed information in its next report on the affirmative measures taken or envisaged to facilitate and encourage the access of women and disadvantaged ethnic groups (particularly groups that were subjected to slavery before it was abolished) to training (particularly vocational and university training) and employment in all sectors of activity and occupations and at all levels of responsibility.

2. The Committee notes the Government's statement that the statistics of the distribution of workers in the various categories of employment will be sent as soon as possible. It again expresses the hope that the Government will be able to provide detailed information with its next report on the results obtained in implementing the above-mentioned affirmative measures, and the measures mentioned in the report to encourage equality of opportunity and treatment and eliminate all forms of discrimination, together with statistics on the distribution of workers by sex and ethnic group in the various categories of the public administration and the private sector.

3. With regard to vocational training, the Committee notes with interest that, according to the report, several vocational training centres have been opened recently, particularly in the regions of Trarza, Guidimakha, Adrar and Assaba. It also notes that the National Office for Employment and Vocational Training has not yet been established but that Directorates for Employment and Vocational Training have been created and are operating normally. Lastly, it notes from the document of the UNDP/ILO project "Développement des ressources humaines et lutte contre la pauvreté", sous-programme "Emploi et formation professionnelle", that a Directorate of Vocational Training has been set up to prepare and implement a national vocational training strategy and organize the coordination of a number of national and regional centres, particularly the Centre for Vocational Training and Retraining (CFPP), the FP centres of Mahadras, the centres for the advancement of women, and the public service-oriented training schools.

4. It asks the Government to provide detailed information with its next report on the affirmative measures taken, indicating the results obtained, to facilitate and encourage the access of women and disadvantaged ethnic groups (particularly groups that were subjected to slavery before its abolition) to vocational training and university education without discrimination based, in particular, on ethnic origin, religion and sex. Furthermore, the Committee notes from the report that the number of students undergoing training is estimated at 300, and asks the Government to provide more precise statistics of the number of students, broken down by sex and ethnic origin, who are registered in the various branches and classes of the above-mentioned national and regional vocational training centres and in higher education establishments and universities.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its reports in answer to its previous observations, and the discussion that took place at the Conference Committee in 1993.

1. The Committee refers to its previous comments on the implementation of the recommendations of the Committee set up by the ILO Governing Body to examine the representation made by the National Confederation of Workers of Senegal, under article 24 of the ILO Constitution, concerning in particular the measures to be taken by the Government to ensure adequate compensation for Mauritanian nationals whose employment was adversely affected as a result of their being displaced during the conflict with Senegal. The Committee notes the Goverment's statement that, at its November 1993 meeting, the Joint Mauritanian-Senegalese Committee decided that the bodies responsible for payment of pension orders and wages in arrears will receive instructions for settlement of the entitlements of the persons concerned without delay for the period that has elapsed since April 1989.

The Committee asks the Government to provide detailed information in its next report (including statistics) on the measures taken, indicating the results obtained, to implement the decision of the above-mentioned joint committee. It also notes from the report that the persons concerned have access to all legal means of redress to enforce their rights, and asks the Government to indicate the means of redress available to such persons in practice, and the number and nature of the appeals actually lodged with the competent authorities or courts, and to provide copies of the resulting reports and decisions.

2. The Committee also asks the Government to refer to its comments on the application of the Convention which it is making in a direct request.

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

The Committee notes with regret that the reports received do not contain the information requested. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full and detailed information on the following points which the Committee has raised in its previous direct requests:

1. The Committee is aware of the fact that the national legislation that it has been able to examine (the Constitution, the Labour Code, legislation respecting the public service and the education systems) does not contain formal discriminatory provisions and that in a number of cases it prohibits discrimination on the grounds enumerated in the Convention. The Committee recalls, however, that in accordance with Articles 2 and 3 of the Convention (which provide that national policy is to be designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and mention various types of measures to be taken for this purpose) the fact of the existence of legal provisions prohibiting discrimination or the absence of discriminatory provisions in national legislation is not sufficient to fully implement the objectives of the instrument; but that it is necessary to take action of a positive nature in order to create a situation in which it is possible to promote effective equality of opportunity and treatment in respect of employment or occupation.

2. The Committee therefore requests the Government to supply in its next report detailed information on the measures taken within the framework of the national policy to promote equality of opportunity and to eliminate discrimination based on race, sex, religion, political opinion and ethnic or social origin with regard to:

(a) access to vocational training;

(b) access to employment and to different occupations; and

(c) terms and conditions of employment.

3. The Committee also wishes to be provided with information on the results obtained from the implementation of this policy and particularly statistics on the distribution of workers (by sex, religion and ethnic group) in the various categories of employment, including the public administration.

4. The Committee also requests the Government, as it has done in its previous comments, to indicate whether the Employment and Vocational Training Office, referred to by the Government in its previous reports, has been set up, and to supply information on the activities of the various vocational training centres and national schools that exist, on the numbers of students attending them and their distribution by sex.

5. The Committee refers to its comments made under Convention No. 29 concerning the abolition of the practice of slavery. It requests the Government, as it did in its previous comments, to supply details on the measures taken with a view to encouraging the equality of opportunity and treatment in respect of vocational training and employment of persons who have been subject to such practices.

The Committee further requests the Government to refer to the observation made on this Convention as regards the representation made under article 24 of the ILO Constitution.

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

In its observation of 1991, the Committee noted the recommendations of the Committee set up to examine the representation presented by the National Confederation of Workers of Senegal under article 24 of the ILO Constitution. These recommendations concerned, in particular, measures to determine the nationality of persons displaced from the territory of Mauritania in 1989 and who claim Mauritanian nationality, and reparation for the prejudice suffered by Mauritanian nationals who were displaced. The Governing Body asked the Government to supply, in a report to be sent by 15 October 1991 at the latest, information on the measures taken and on their results, with a view to giving effect to the recommendations of the Governing Body.

The Committee notes that the reports received from the Government in the course of 1992 do not contain the information requested and that the Government confines itself to indicating that negotiations between Senegal and Mauritania have begun with a view to finding a just and lasting solution for both countries to their dispute in 1989.

The Committee also notes that, during a direct contacts mission conducted in May 1992 and concerning the application by Mauritania of certain ILO Conventions, the Government did not provide specific information on the questions raised in the representation, or on the application of the Convention, but promised to gather the information and to transmit it in its future reports which would be detailed. The Committee notes with regret that the Government's last report, received in August 1992, contains no information on the measures that have been taken to give effect to the recommendations of the above-mentioned Committee. It trusts that the Government will provide full information on these matters in its next report.

Furthermore, the Committee repeats its previous comments on the application of the Convention in a request addressed directly to the Government.

REQUESTS 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. #REPORT_DATE:30:06:1993

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that no report has been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full and detailed information on the following matters raised in its previous direct request:

1. The Committee is aware of the fact that the national legislation that it has been able to examine (the Constitution, the Labour Code, legislation respecting the public service and the education systems) does not contain formal discriminatory provisions and that in a number of cases it prohibits discrimination on the grounds enumerated in the Convention. The Committee recalls, however, that in accordance with Articles 2 and 3 of the Convention (which provide that national policy is to be designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and mention various types of measures to be taken for this purpose) the fact of the existence of legal provisions prohibiting discrimination or the absence of discriminatory provisions in national legislation is not sufficient to fully implement the objectives of the instrument; but that it is necessary to take action of a positive nature in order to create a situation in which it is possible to promote effective equality of opportunity and treatment in respect of employment or occupation.

2. The Committee therefore requests the Government to supply in its next report detailed information on the measures taken within the framework of the national policy to promote equality of opportunity and to eliminate discrimination based on race, sex, religion, political opinion and ethnic or social origin with regard to:

(a) access to vocational training;

(b) access to employment and to different occupations; and

(c) conditions of employment.

3. The Committee also wishes to be provided with information on the results obtained from the implementation of this policy and particularly statistics on the distribution of workers (by sex, religion and ethnic group) in the various categories of employment, including the public administration.

4. The Committee also requests the Government, as it has done in its previous comments, to indicate whether the Employment and Vocational Training Office, referred to by the Government in its previous reports, has been set up, and to supply information on the activities of the various vocational training centres and national schools that exist, on the numbers of students attending them and their distribution by sex.

5. The Committee refers to its comments made under Convention No. 29 concerning the abolition of the practice of slavery. It requests the Government, as it did in its previous comments, to supply details on the measures taken with a view to encouraging the equality of opportunity and treatment in respect of access to vocational training and employment of persons who have been subject to such practices.

The Committee further requests the Government to refer to the observation made on this Convention as regards the representation made under article 24 of the ILO Constitution.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has noted that the Governing Body adopted at its 249th Session (February-March 1991) the report of the committee set up for the examination of the representation made by the National Confederation of Workers of Senegal, under article 24 of the ILO Constitution, and concerning the application of several Conventions by Mauritania.

The Governing Body has asked the Government to supply in its reports on the Conventions concerned, to be submitted not later than 15 October 1991, information on the measures taken and on their results, with a view to giving effect to the recommendations of the Governing Body to enable these questions to be followed up by the Committee of Experts.

The Committee notes that the above recommendations concern questions relating to Conventions Nos. 111 and 122 (measures to determine the nationality of persons displaced from Mauritanian territory in 1989 and who claim Mauritanian nationality and measures towards reparation for the prejudice suffered by Mauritanian nationals who were displaced), to Convention No. 95 (measures for a final settlement of the wages due to the persons concerned) and to Convention No. 118 (measures to have established and ensure the payment of any benefits due to Mauritanian nationals who have left Mauritania).

The Committee trusts that the Government will supply full information on the above questions in its reports to be submitted this year on Conventions Nos. 95, 111, 118 and 122.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the decision of the Governing Body at its 245th Session (February-March 1990) to set up a committee for the examination of a representation submitted under article 24 of the Constitution of the ILO, alleging non-observance by Mauritania of a number of Conventions, including Convention No. 111.

In accordance with its customary practice, the Committee is suspending its comments on the application of the Convention pending the conclusions of this committee.