Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee refers to the comments of 9 September 2002 by the International Confederation of Free Trade Unions (ICFTU) and those of 17 December 2002 by the Free Confederation of Mauritanian Workers (CLTM). It notes that the Government has sent a report and has replied to the comments by the CLTM. It further notes that, according to the Government, the Committee’s comments were taken into account in drafting the new Labour Code, which is to be adopted at the next session of parliament. The Committee requests the Government to provide a copy of the new Labour Code with its next report (or the draft of the Code if the final version has not yet been adopted). In the light of the Government’s reply to the comments made by the CLTM, the Committee wishes to raise the following matters.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations of their own choosing without previous authorization. The CLTM contends that the principle of freedom of association, although recognized by the Constitution of 20 July 1991, and the provisions of Act No. 93-038 establishing trade union pluralism, are not applied in practice. It further alleges that the following sectors are denied the right to organize: small-scale fishing, agriculture (Nouakchott and Nouadhibou market gardeners), city and intercity transport, and meat processing. In the transport sector, this is also true for employers’ organizations. The following organizations are thus recognized but may not carry out any activities and must join the National Transport Federation (FNT), which, in the CLTM’s view, is close to the Government: The Transport Workers’ Federation (FTM), the General Transport Federation of Mauritania (GMT), the General Federation of Personnel Transport (FGTM) and the Mauritanian Transporters’ Federation (FTM). The CLTM furthermore emphasizes that no union may exist and operate without previous authorization. Authorization is rarely granted and more than 100 applications have been blocked at the registry of the Prosecutor of the Republic since the adoption of Act No. 93-038 introducing trade union pluralism. The ICFTU likewise indicates that the Government maintains the right not to recognize a trade union and that its decisions in such matters are discretionary. In response, the Government indicates that public transport drivers have formed an occupational union, which is currently affiliated to the General Union of Mauritanian Workers. Furthermore, the National Federation of Butchers exists and carries on its activities freely. The Government emphasizes that any trade union formed in accordance with the procedures for the constitution of trade unions is immediately recognized. The fact that there are five federations or confederations and hundreds of occupational unions which carry on their activities in full freedom bears witness to the flexibility of the existing legislation.

The Committee takes due note of the Government’s reply. It recalls first that, under Article 2 of the Convention, employers and workers, without any distinction whatsoever, have the right to establish and join organizations of their own choosing. It therefore invites the Government to provide details of the establishment of occupational organizations, particularly in the small-scale fishing and agricultural (Nouakchott and Nouadhibou market gardeners) sectors. Secondly, the Committee recalls although the law may require a number of formalities in order for occupational organizations to be established, such formalities may on no account amount to "previous authorization" in breach of Article 2. The Committee therefore requests the Government to provide information on the blockage in the registry of the Prosecutor of the Republic of 100 or so applications to establish trade unions, as reported by the CLTM.

Article 3. Right of workers organizations to organize their administration and formulate their programmes in full freedom without interference from the public authorities. The CLTM states that trade union organizations are not free to carry on their activities normally as they regularly come up against obstacles and pressure on the part of the public administration with the intention of obstructing their activities or influencing their decisions. Examples cited by the CLTM include the following: (1) the public authorities still have a say in the right to strike, which even amounts to a ban in practice; (2) unionized workers are subjected daily to all kinds of pressure or discriminatory measures such as arbitrary dismissal, in particular for exercising the right to strike; (3) trade union posters and general assemblies of workers are not authorized in public and private establishments; (4) leave of absence to participate in trade union activities is often refused, particularly to members of the CLTM. The ICFTU, for its part, indicates that it is difficult to exercise freedom of association in the private sector. The Government states in reply that the right to strike is guaranteed but is exercised in conformity with the existing legislative and regulatory provisions; a strike called by dockers this year which led to their wage claims being met gave rise to no dismissals. The Government furthermore denies that the administration prevented workers from holding general assemblies: in June, all the occupational unions affiliated to the Union of Mauritanian Workers have held general assemblies throughout the country as well as their national congress. Furthermore, all trade unions may file complaints with the competent courts if they deem their activities to have been restricted. Lastly, the Government states that trade unionists of all leanings participate regularly in seminars organized by the labour administration. The CLTM has always participated in these events, the last of which, a national workers education seminar on occupational health and safety, took place on 19 August 2003. The Government stresses in conclusion that it does not intervene in trade union matters but merely ensures compliance with the existing legislation while seeking to improve the living conditions of all the workers.

The Committee takes due note of the Government’s comments. It recalls that for workers’ and employers’ organizations, freedom of association implies the right to organize their activities in full freedom and to formulate their programmes with a view to defending the occupational interests of their members within the bounds of the law. The right to organize consists in particular of the right to hold trade union meetings, the right of trade union leaders to have access to workplaces and the right to strike. The Committee points out that for many years it has been commenting on the restrictions to the right to strike which are set out in the Labour Code, particularly the referral to compulsory arbitration of collective disputes where essential services in the strict sense of the term were not involved. The Committee therefore trusts that, in accordance with the Government’s undertaking, its comments will be taken into account in the new Labour Code currently in the process of adoption, and that the organizations will be able freely to organize their activities and formulate their programmes in order to further and defend the interests of their members, in accordance with Article 3 of the Convention. The Committee requests the Government to keep it informed of progress in this area.

The Committee also requests the Government to respond to the other questions pending (see the Committee’s observation of 2002), in its report due in 2004.