Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (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.