Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information contained in the Government’s report. It notes the Government’s statement that the draft Labour Code has been examined and approved by the National Labour Council, and that it will be approved by the Government and the Parliament during the course of the year.

Article 3 of the Convention. Right of organizations to elect their representatives in full freedom. In its previous comments, the Committee emphasized that section 7 of the Labour Code, as amended by Act No. 93-038 of 20 July 1993, limits the right of access to trade union office to nationals of Mauritania. The Committee recalled in this respect that the national legislation should allow foreign nationals to have access to trade union office, at least after a reasonable period of residence in the host country. In its latest report, the Government indicates that a provision in the new draft Labour Code will permit foreign workers to be elected to office in occupational organizations once they have resided in the country for at least five years. The Committee notes this information with interest and will examine this new provision when it has received a copy of the new Labour Code.

Articles 3 and 10. Right of organizations to organize their activities and to formulate their programmes in full freedom in order to further and defend the interests of their members. The Committee previously expressed the hope that the Labour Code would be amended to confine the prohibition of strikes solely to essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis. The Committee notes from the information provided in the Government’s report that it is aware that the existing provisions respecting the right to strike may be inadequate. The Government adds that the draft Labour Code therefore aims at clearly defining strikes in sections 357 to 366, thereby granting trade union organizations the possibility to have recourse to strike action to defend the social, economic and occupational interests of their members.

The Committee requests the Government to indicate in its next report the progress made towards the adoption of a new Labour Code. It also requests that the Government provide it with a copy of the updated version of the Code once it has become law.