Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

In its previous comments, the Committee referred to the conclusions of the Committee set up to examine the representation made by the National Confederation of Workers of Senegal under article 24 of the ILO Constitution, which dealt in particular with the application of this Convention. In the Committee's report, which was adopted by the Governing Body at its 249th Session (February-March 1991, Official Bulletin, Vol. LXXIV, 1991, Series B, Supplement No. 1), the Government is asked to take all the necessary measures with a view to a final settlement of all the wages due to the persons who were obliged to leave Mauritania following the events of April 1989, in accordance with Article 12, paragraph 2, of the Convention. The Committee set up to examine the representation noted in its report that the national legislation establishes protection similar to that contemplated in Article 12, paragraph 2, of the Convention, but that the legislation had not been applied in the case in point. It also considered that the Government should take all the necessary measures to establish or to have established the amounts due to the workers concerned and to make a final settlement of their wages or ensure that it is made. In order to do this, the committee set up to examine the representation considered it highly desirable that the Government request the assistance of the ILO and of other bodies which took part in assisting and receiving the workers concerned.

The Government states in its report that the process of normalizing relations between the two countries is under way following the re-establishment of diplomatic relations with Senegal in April 1992 and the reopening of the frontiers since May 1992. Furthermore, bilateral technical commissions are currently working to settle the various questions.

The Committee notes these statements. It also notes that a direct contacts mission went to Mauritania in May 1992 and that the Government indicated on that occasion that the solution to the problems raised in the representation would be found in the context of the definitive settlement of the conflict with Senegal.

While recalling that the application of the provisions of the Convention is not based on the principle of reciprocity, the Committee requests the Government to supply more detailed information on the measures which have been taken or are envisaged to settle the above problem and their results.