Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Mauritania (RATIFICATION: 1964)

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The Committee notes the Government’s report. It also notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 12 June 2019, as well as the information provided by the Government in reply to these observations, received on 21 October 2019.

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the Government's indication that there are currently no private or fee-charging employment agencies in the country, and that prior authorization by order of the Minister of Labour is required to open a private employment agency in Mauritania. The Government also indicates that some private employment agencies that were operating illegally were reported in 2017 in Nouakchott, but they were immediately closed by the General Labour Directorate and their files forwarded to the relevant public prosecutors. The Government also indicates that no other newly opened private or fee-charging employment agency has been reported to the Labour and Employment Administration. The Committee notes the CLTM's observations that employment agencies conducted with a view to profit should be limited in time, pending the establishment of public employment agencies, which should be subject to monitoring by the competent authorities in order to eliminate the abuse of which workers are often victims. The CLTM alleges a lack of transparency in the recruitment of workers by for-profit employment agencies, indicating that intermediary structures such as unofficial employment agencies benefit from the indifference, and even from the complicity of the authorities, and make it possible to deceive workers. The CLTM mentions in particular the case of domestic workers who were allegedly mistreated, abused and considered as slaves after being recruited by an employment agency to work in the Kingdom of Saudi Arabia. In its reply to the CLTM's observations, the Government indicates that job placement in Mauritania is regulated by the Labour Code and may also be subject to regulation by decree. It notes that under Decree No. 2005-02, the National Agency for the Promotion of Youth Employment (ANAPEJ) is the public institution responsible for job placements in the labour market, subject to certain derogations. Act No. 2009-025 and its implementing Decree No. 066-2011, which regulate private surveillance activities, guarding and cash transportation, provide, inter alia, that placements under this workforce category are exclusively the responsibility of enterprises that were federated under the auspices of the Ministry of the Interior into a single institution entitled the “Mauritanian Private Security Institution”. In addition, Decree No. 2014-172, which establishes the special employment conditions of port workers, provides that one way of using dockworkers may be through their supply by companies hiring port labour. In this regard, Order No. 2017-732 limited the number of accreditations to one company per port in Nouakchott and Nouadhibou for an interim period of three years. The Government also specifies that the employment and placement conditions for foreign workers are set out in Decree No. 2018-025. The Committee notes the Government’s indication that, in September 2019, it undertook an implementation study of a mechanism regulating private placements, based on a study carried out in 2018, which concluded that the absence of such a structure was causing lasting damage to the labour market. The Committee notes that the Government does not reply to the CLTM's observations alleging that domestic workers recruited by an employment agency to work in the Kingdom of Saudi Arabia were subjected to conditions of slavery. In this regard, the Committee notes the concerns expressed by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CRM), at its 308th meeting on the initial report of Mauritania, that, according to the information available to the Committee, "about 900 women working in the Gulf countries are victims of trafficking". (CMW/C/SR.308, 11 April 2016, paragraph 7; see also the concluding observations on the initial report of Mauritania, CMW/C/MRT/CO/1, 31 May 2016, paragraph 30)." The Committee recalls that the member States which have ratified Convention No. 96 and which, like Mauritania, have accepted Part II of the Convention, are bound to progressively abolish fee-charging employment agencies conducted with a view to profit. It also recalls that the ILO Governing Body invited States parties to Convention No. 96 to consider the possibility of ratifying, where relevant, the Private Employment Agencies Convention, 1997 (No. 181). The ratification of this Convention, which recognizes the role which private employment agencies may play in a well-functioning labour market, would ipso jure involve the denunciation of Convention No. 96. The Committee requests the Government to keep it informed of the outcome of the study undertaken on the implementation of a mechanism regulating private placements. It also requests the Government to forward information on any activities of the private employment agencies and any prospects to ratify the Private Employment Agencies Convention, 1997 (No. 181).

Application of the Convention (Part V of the report form). The Committee requests the Government to provide information on the application of Convention No. 96 in practice and on infringements of regulations in force, identified during labour inspections and the penalties imposed, as well as on any other measures taken or envisaged with a view to protecting workers against any abuse, particularly concerning recruitment and placement abroad.

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The Committee notes the Government’s report. It also notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 12 June 2019, as well as the information provided by the Government in reply to these observations, received on 21 October 2019.

Part II of the Convention Progressive abolition of fee-charging employment agencies conducted with a view to profit. In its observations, the CLTM alleges a lack of transparency in the recruitment of workers by employment agencies conducted with a view to profit, indicating that intermediary structures, such as unofficial employment agencies, benefit from the indifference or even complicity of the authorities and allow for workers to be deceived. The CLTM mentions, in particular, domestic servants who were allegedly mistreated, abused and regarded as slaves after being recruited by an employment agency to work in the Kingdom of Saudi Arabia. The Committee notes that the Government is silent on the CLTM’s observations alleging that women domestic workers recruited by an employment agency to work in the Kingdom of Saudi Arabia have been subjected to conditions akin to slavery. In this regard, the Committee notes the concerns expressed by the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, at its 308th meeting concerning the consideration of the initial report of Mauritania that, according to the information available to the Committee, “around 900 women working in the Gulf countries are victims of trafficking” (CMW/C/SR.308, 11 April 2016, paragraph 7; see also the Concluding observations on the initial report of Mauritania, CMW/C/MRT/CO/1, 31 May 2016, paragraph 30). The Committee requests the Government to provide its comments with respect to the observations made by the CLTM in respect of domestic workers recruited to work abroad.

The Committee is raising other matters in a request addressed directly to the Government.

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Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. In response to the Committee’s previous comments, the Government indicates in its report that, contrary to the assertions of the Free Confederation of Mauritanian Workers (CLTM) in its observations of 2014, when the monopoly of employment offices was abolished, a new mechanism was created in collaboration with the social partners, namely the National Youth Employment Agency (ANAPEJ). The Government also refers to a new partnership agreement between the ANAPEJ and the ILO, signed in August 2016, for the improvement of employment services to facilitate the social and vocational integration of young people, particularly in the construction and public works sector (BTP). The Government indicates in this regard that the strengthening of employment services is focused on improving the Accueil-Emploi database and strengthening the skills of employment advisers, trainers and their managers. The Committee notes the information contained in the Government’s report in relation to the Employment Policy Convention, 1964 (No. 122), on the creation of employment agencies in Nouakchott, Kiffa and Nouadhibou. In addition, the Committee notes that the Government reported during the discussions at the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families that a draft decree issuing regulations on private employment agencies was being prepared (see the summary record of the meeting held on 12 April 2016, document CMW/C/SR.309, paragraph 32). The Committee draws the Government’s attention to the fact that Mauritania, like other member States that have ratified Convention No. 96, has accepted Part II of the Convention, which requires it to abolish fee-charging employment agencies conducted with a view to profit. The Committee also refers the Government to its direct request on the application of Convention No. 122. The Committee once again requests the Government to provide information on the activities of public employment agencies which have been opened or reopened, and to indicate the measures taken to give effect to the Convention. It also requests the Government to provide information on any new developments affecting the activities of private employment agencies, such as the adoption of new regulations or the prospects of ratifying the Private Employment Agencies Convention, 1997 (No. 181).

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Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee previously noted the observations made by the Free Confederation of Mauritanian Workers (CLTM) and the Government’s reply received in October 2014. The CLTM stated that no mechanism had been introduced since the employment offices had been closed down. The Government explained that the monopoly on employment had been phased out; however, the labour inspectorates had been instructed to reopen their employment offices and to register and procure employment for jobseekers. The Committee requests the Government to provide information on the activities of the public employment offices which have been reopened and to indicate the measures taken to give effect to the Convention. It also requests the Government to provide information on any activities carried out by private employment agencies and on the prospects of ratifying the Private Employment Agencies Convention, 1997 (No. 181).

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Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the observations made by the Free Confederation of Mauritanian Workers (CLTM) and the Government’s reply received in October 2014. The CLTM states that no mechanism has been introduced since the employment offices were closed down. The Government specifies that the monopoly on employment has been phased out; however, the labour inspectorates were instructed to reopen their employment offices, to register them and to procure employment for jobseekers. The Committee invites the Government to provide further information on the activities of the employment offices which have been reopened and to indicate the measures taken to give effect to the Convention. Furthermore, it requests the Government to provide information on any activities that might be carried out by private employment agencies and on the prospects of ratifying the Private Employment Agencies Convention, 1997 (No. 181).

[The Government is asked to reply in detail to the present comments in 2016.]

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Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. In reply to the 2004 direct request, the Government indicates in a report received in September 2009 that, in response to a crucial problem of unemployment, it has established the National Youth Employment Promotion Agency (ANAPEJ) and once again authorized labour inspectorates to open employment offices. The Government adds that section 387 of the Labour Code is not concerned by the revision of the texts issued under the Code and that there are no fee-charging employment agencies in Mauritania, as the aim is to facilitate the equality of opportunity of all Mauritanian nationals in relation to employment. The Committee invites the Government to provide information in its next report on the activities of the employment offices which have been opened by labour inspectorates. In its General Survey of 2010 on employment instruments, the Committee observed that, in the context of the global economic crisis, efficient employment services play a key role in maintaining full employment and securing the needs of the workers and enterprises affected (General Survey, op. cit., paragraph 202). Since the adoption in 1997 of the Private Employment Agencies Convention, 1997 (No. 181), the Committee has been inviting member States which have ratified Convention No. 96, which is revised by Convention No. 181, to envisage ratifying the more recent instrument. In that respect, it once again invites the Government to provide information on any developments which may occur in relation to the activities of private employment agencies and the prospects of ratifying Convention No. 181.

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1. Part II of the Convention. The Committee notes the Government’s statement on the adoption of Act 2004/017 of 6 July 2004 issuing the Labour Code. It notes in particular section 387(2) of the 2004 Labour Code which provides that the State may create, in cooperation with the social partners, an agency or any other institution to be responsible for promoting access to employment and placement and that the State may permit, by order, the opening of private employment agencies authorized under an occupational statute to be regulated and defined by a decree. The Committee reminds the Government that it has accepted Part II of the Convention, which provides for the progressive abolition of fee-charging employment agencies and the regulation of other employment agencies. It invites the Government to provide information on the application of section 387(2) of the Labour Code of 2004 as it concerns Part II of the Convention.

2. The Committee further reminds the Government that the ILO Governing Body invites the States parties to Convention No. 96 to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181); the ratification of which will, ipso jure, involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee requests the Government to keep it informed of any developments which might occur in this regard in consultation with the social partners.