Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that the Government intends to address the issue of sexual harassment by way of regulation and that it asks the Office for assistance in this respect. The Committee again draws the Government’s attention to its general observation of 2002, a copy of which is attached and which may help the Government in preparing a legal instrument prohibiting sexual harassment in employment and occupation. It reminds the Government that the definition of sexual harassment contains two key elements, namely, quid pro quo harassment and hostile work environment. The Committee hopes that both of these aspects will be reflected in any legal instrument prohibiting sexual harassment in employment and occupation and it asks the Government to keep it informed of any progress in this regard. The Committee further hopes that the Office will be able to provide assistance on this matter as requested by the Government.

2. The Committee noted in its previous comment that, read together, sections 7, 60, 104 and 395(1) of the Labour Code provide protection against discrimination regarding employment contracts, recruitment and dismissal with respect to all the grounds of the Convention, except for non-discrimination in dismissal on the basis of social origin. The Government indicates that the current legislative and regulatory provisions do, in fact, prohibit the dismissal of a worker for reasons of social origin. It does not, however, identify in its report any specific legal provision or judicial authority to confirm that such a prohibition exists in law or in practice. The Committee must, therefore, ask the Government again to supply information on the application, including court decisions, of the relevant provisions in the Constitution and the Labour Code to indicate how discrimination in dismissal on the basis of social origin is prohibited.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes that the Government adopted a law in 2006 reserving 20 per cent of the positions on electoral lists for municipal councils and the national assembly for women. Despite this positive step towards equality in elected office, the Committee notes from the Government’s National Strategy for the Promotion of Women (2005-2008) that women in Mauritania continue to be marginalized in the labour market in comparison with men as evidenced not only by their low labour participation rates but also by their concentration in certain economic sectors, their under-representation in salaried work held largely by men and the persistent wage inequalities between men and women. With regard to the participation of women in education, and occupational segregation, the Committee also notes that the Government’s report substantially reproduces the figures provided in its previous report. It, therefore, hopes the Government will be in a position to provide up to date statistics in its next report on the progress made in the participation of girls in higher level education and their enrolment in education and training in non-traditional occupations, as well as information on the progress made in promoting employment mobility of women in non-traditional sectors and occupations.

4. Implementation of the national policy. The Committee notes that part of the National Strategy for the Promotion of Women involves strengthening the State Secretary on the Status of Women (SECF), along with the introduction of a follow-up mechanism tied to a national statistics system to ensure measured progress of the Strategy’s action plan. The Committee asks the Government to provide detailed information on the implementation of the National Strategy for the Promotion of Women and to indicate how the activities carried out have affected the promotion of equality of opportunity and treatment between men and women in employment and occupation. It also requests the Government to include information on the follow-up mechanism, in particular statistical data showing the progress made under this Strategy towards greater equality in employment between men and women. Please also provide information on the work of the Human Rights Commission and on the measures implemented under the National Plan on the Promotion and Protection of Human Rights towards promoting the acceptance and observance of the national non-discrimination policy with regard to the other grounds covered in Article 1(1)(a) of the Convention.

5. Article 3(a). Cooperation with social partners. The Government reports that the tripartite National Council of Labour, Employment, Social Security and Vocational Training favours dialogue and the strict enforcement of the applicable laws as the means to promote the acceptance and observance of the national non-discrimination policy. The Committee requests information on the concrete activities of the Council to promote equal opportunity, particularly the action it has taken to facilitate dialogue on matters relating to non-discrimination in employment and occupation.

6. Article 3(d). Application in the public service. The Committee recalls that civil servants are excluded from the application of the new 2004 Labour Code under section 1(3) and, therefore, from the non-discrimination provisions set out in the Code. It notes that civil servants, excluding judges, military personnel and those in the National Guard, are governed by Act No. 93-09 of 18 January 1993 concerning the general status of civil servants and contractual agents of the State. The Committee notes that section 14 of this Act guarantees freedom of opinion and that section 15 prohibits discrimination between civil servants on the grounds of opinion, sex and race (section 105 prohibits the same discriminatory treatment between contractual agents). The Committee also notes that sections 6(2) and 110(2) of the Act stipulate that no one may be hired either as a civil servant or contractual agent if they are not of good moral character. The Committee asks the Government to indicate how civil servants and contractual agents of the State are protected in practice from discrimination in employment and occupation on all of the grounds covered by Article 1(1)(a) of the Convention, including colour, religion, national extraction and social origin and asks the Government to include examples of relevant cases or decisions by the disciplinary council. The Government is also asked to clarify whether “opinion” as it appears in sections 15 and 105 of Act No. 93-09 includes the notion of political opinion as set out in the Convention. Please also provide information on how the Government determines whether an applicant meets the good moral character requirement set out in sections 6(2) and 110(2) of Act No. 93-09 and how the Government ensures in practice that this requirement does not result in discrimination that is contrary to the Convention against individuals seeking access to employment in the civil service.