Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee takes note of the information communicated by a Government representative to the Conference Committee in June 1993 and the information contained in the Government's report. It also notes the comments of the General Confederation of Workers of Mauritania (CGTM) and the Government's reply thereto, as well as a communication of the CGTM dated 5 January 1994 and sent to the ILO Office in Dakar.

1. Articles 2, 5 and 6 of the Convention. The right of workers and employers to form and join organizations of their own choosing. The right of workers' organizations to form federations and confederations. With reference to the comments it has been making for many years, the Committee notes the Government's indication in its report that Act No. 93-038 of 20 July 1993 amending the Labour Code guarantees the possibility of trade union pluralism. The Committee notes that section 1 of Book III of the Code, as amended by the new Act, provides amongst other things that persons engaged in the same occupation, similar crafts or allied trades in the manufacture of specific products or the same liberal profession may establish an occupational trade union and that all workers, without distinction whatsoever, may freely join trade unions of their own choosing within their occupation.

In a communication of 21 March 1993 the CGTM states that the Public Prosecutor refuses to recognize the CGTM on the grounds that the Labour Code provides for a single central organization. In response, the Government indicates that since the promulgation of Act No. 93.038 the authorities have not, to date, refused to recognize any trade union organization. It states that by establishing itself from the outset as a confederation the CGTM was in breach of the law, which requires that, before federations or confederations may be formed, base-level unions must be established and must then meet in congress if they wish to form a federation or confederation. The Government adds that the CGTM has now recognized its error and has begun to organize meetings of the general assemblies of occupational unions and to apply to the competent authorities for recognition of these unions.

The Committee notes with satisfaction the information provided by the CGTM on 5 January 1994, according to which the Prosecutor has established, by a decision of 4 January 1994, that the constitution of the confederation is legal, and that it should be given the certification documents. The Committee trusts that in future workers and their organizations will be able to establish first-level unions, federations and confederations without prior authorization.

2. Article 3. Right of organizations to elect their representatives in full freedom. The Committee notes with regret that section 7 of Book III of the Labour Code, as amended by Act No. 93-038 of 20 July 1993, further restricts eligibility for trade union office by confining it to Mauritanian nationals, whereas before amendment, the provision in question provided that members in charge of the administration or management of a union had to be of Mauritanian nationality or nationals of any other State with which Mauritania has concluded agreements respecting specific establishments.

The Committee reminds the Government that it considers that the legislation should be amended in order to permit organizations to choose their leaders without hindrance and to permit foreign workers to hold trade union office at least after a reasonable period of residence in the host country. (See 1994 General Survey on Freedom of Association and Collective Bargaining, para. 118.) It asks the Government to indicate in its next report the measures taken to bring its legislation into conformity with the requirements of the Convention.

3. Article 3. Right of organizations to organize their activities freely and to formulate their programmes so as to promote and defend the interests of their members. The Committee regrets to note that sections 39, 40, 45 and 48 of Book IV of the Labour Code which impose restrictions on the right to strike have not been amended and that the Government's report provides no information on this matter. While noting the information supplied by a Government representative at the Conference in June 1993 to the effect that the final draft of the Labour Code, which was prepared with ILO assistance, could be submitted to Parliament before the end of the year, the Committee asks the Government to take the necessary steps at the earliest possible date to ensure that the new Labour Code is adopted and that its provisions guarantee the right of trade union organizations to strike in order to defend the social, economic and occupational interests of their members. It asks the Government to indicate in its next report any progress made in this respect and to provide a copy of the new Code as soon as it has been adopted.