Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Mauritanie (Ratification: 1963)

Autre commentaire sur C081

Observation

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee notes the observations by the Free Confederation of Mauritanian Workers (CLTM), received on 28 August 2014, and the Government’s reply to these dated 14 October 2014.

The Committee recalls that the conclusions of the Committee on the Application of Standards (CAS) in June 2013 addressed the functioning of the labour inspection system throughout the country, in particular: (1) the lack of progress on issues concerning the insufficient wages and benefits of inspectors, leading to a lack of independence of, and stability of employment for, labour inspectors; (2) the need to strengthen the human resources, financial and material means available to the labour inspection services, including means of transport and suitably equipped offices; and (3) the failure to communicate to the ILO annual reports on the work of the labour inspection services.

The Committee recalls that it welcomed the fact that the Government, further to the conclusion of the CAS, had made a formal request in December 2013 for ILO technical assistance.

However, it notes with regret that the Government has still not followed up on the request of the CAS to provide a detailed report to the Committee of Experts on the measures taken to implement the conclusions of the CAS of 2013, and that the Government has not replied to the observations that the Committee of Experts has been making since 2011. It nevertheless notes that in its replies to the observations of the CLTM, the Government has provided some information regarding the issues raised by the CAS and by the Committee of Experts.

(1) Insufficient wages and benefits of inspectors, leading to lack of independence and stability of employment of labour inspectors

Articles 6 and 7 of the Convention. Status and conditions of service of labour inspectors. Capacity and continuous training. In its conclusions, the CAS emphasized that the questions relating to insufficient wages and benefits of inspectors leading to their lack of independence and stability of employment had been pending for decades. The CAS expressed the firm hope that the Government would soon take the necessary action, in keeping with Article 6 of the Convention to take the measures mentioned in order to guarantee labour inspectors a special status, including financial benefits, ensuring their independence and impartiality, thereby enabling them to benefit from job stability and independence as regard changes of government and improper external influences. The CAS also noted that 40 labour inspectors and labour controllers had been recruited on the basis of competitions, had received a two-year period of training at the National School of Administration (ENA), in addition to their practical training, and that the labour inspectors were equipped with a methodological guide and a “toolkit” which had been devised with ILO assistance.

The Committee of Experts previously noted that the General Confederation of Workers of Mauritania (CGTM), in its observations of 30 August 2013, expressed its concern about job stability and the independence of inspectors because the decree establishing the status of labour inspectors had not yet been adopted. The Committee noted that the CGTM was also concerned at the absence of collaboration between the inspection services and experts and skilled technicians, since recruitment was not based on the candidate’s aptitude to perform his or her functions, and at the lack of an appropriate training programme.

In this context, the Committee notes the Government’s indication that the statute on labour inspectors and controllers had been adopted at the end of October 2013. In this regard, the Committee also notes Decree No. 187 of 2013, a copy of which was communicated to the Office. It further notes that, according to the Government, labour inspectors had been paid compensation, including hardship allowances, incentive bonuses, and pay for on-call duties. The Government considers that the purpose of these allowances and bonuses is to significantly strengthen the purchasing power of labour inspectors. The Committee also notes that the Government has still not replied to the previous observations of the CGTM, according to which labour inspectors do not enjoy the independence necessary for the discharge of their functions, given that they are subject to a labour directorate which can “use” labour inspectors, transfer them and lay them off as it sees fit. The Committee requests the Government to provide information on the regulations and conditions of service of labour inspectors (wages, compensation, etc.) in relation to officials who carry out similar functions, for example tax inspectors. It also requests the Government to provide further details on the compensation to which labour inspectors in different categories are entitled (frequency, amounts, etc.), and to indicate the number of labour inspectors who have benefited, and the total amount of compensation which has actually been paid to labour inspectors, further to the adoption of the regulations concerning labour inspectors in October 2013.

The Committee also asks the Government to provide information on the qualifications required for the recruitment of labour inspectors, to describe how the skills of candidates are evaluated during the competition, and to provide information on further training of labour inspectors (subjects covered, duration and number of participants).

(2) The need to strengthen the financial and material means and human resources available to the labour inspection services, including means of transport and appropriately equipped offices

Articles 10, 11 and 16. Financial and material means and human resources made available to the labour inspection services. The Committee notes that the CAS emphasized the importance of the functioning of an effective labour inspection system in the country and the need to strengthen the financial and material means and human resources available to the labour inspection services, including means of transport and appropriately equipped offices. It notes the information during the CAS discussions that 70 inspectors and controllers were currently operating in the country. It also observes that the CAS noted the Government’s information during the discussions concerning the recent recruitment of 40 inspectors and indication that labour inspectors had better equipment and improved material means. The Committee notes that, during these discussions, the Government also referred to the improvement of the equipment of regional labour inspectorates through a project under the United Nations Development Programme (UNDP).

In its observation of 28 August 2014, the CLTM indicates that the problems concerning the lack of material means persist. The premises are unsuitable and most of them are inaccessible during the rainy season. The number of labour inspectors is insufficient to cover the whole country, logistical resources are negligible, as is the equipment necessary for the regular functioning of services. The trade union indicates that these conditions do not enable labour inspectors to carry out their duties in a satisfactory manner, thereby compromising workers’ protection.

The Committee welcomes the Government’s indications in its communication of 14 October 2014 that three additional inspection offices have been set up, one of which is in the interior of the country, covering the two Hodhs regions and the other two in Nouakchott, thus bringing them closer to users. The Government states that there are two offices which have been flooded and that, while they are being renovated, these units are set up in ministry premises or existing offices, from where the inspectors to continue to carry out their work properly. The Committee requests the Government to indicate the number of labour inspectors and labour controllers, and their distribution throughout the various labour inspection services. It also requests the Government to describe in detail the material and logistical means available to labour inspection. In this regard, it once again requests the Government to indicate the number and the distribution by regional delegation of vehicles available for inspection visits in relation to the number of inspectors working in these delegations.

Furthermore, it requests the Government to provide specific information on the status of the project under the UNDP to improve the equipment in the regional offices.

(3) Communication to the ILO of annual reports on the work of the labour inspection services

Articles 20 and 21. Annual inspection report. The Committee notes that the CAS emphasized the importance of publishing annual inspection reports containing the statistical information required under Article 21 of the Convention in order to enable an objective evaluation of the progress referred to by the Government. In this regard, it notes the difficulties indicated by the Government representative at the CAS, and the request for technical assistance on behalf of the Government to this end. In this context, the Committee also notes the findings in the Decent Work Country Programme (DWCP) for Mauritania 2012–15, concerning the poor statistics on employment.

The Committee notes with regret that, once again, no annual report containing statistics on labour inspection activities has been received in order to enable the Committee to evaluate the application of the Convention in practice, despite the indications of the Government representative in the CAS of June 2013 that the Government was working on the final stages of the annual labour inspection report, which would be sent shortly to the ILO. The Committee urges the Government to take the necessary measures in the near future to give effect to the obligation set forth in Article 20, under which the central inspection authority shall publish and transmit to the ILO an annual report on the work of the inspection services under its control, which shall contain information on all subjects listed under Article 21. It hopes that the Government will take the opportunity to use ILO technical assistance, within the framework of the DWCP, to establish a register of premises and produce statistics concerning labour inspection activities, and asks it to provide information on any measures taken to this end.

[The Government is asked to report in detail in 2015.]