Seamen's Articles of Agreement Convention, 1926 (No. 22) - Mauritania (RATIFICATION: 1963)

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The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22 and 23 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos 22 and 23 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006, among the countries still bound by Conventions Nos 22 and 23. The Committee therefore requests the Government to consider ratifying the MLC, 2006, and reminds it that it may avail itself of the technical assistance of the Office.

In order to give an overview of the issues relating to the application of the maritime Conventions ratified by Mauritania, the Committee deems it appropriate to examine them in a single comment, as set out below.

Referring to its previous comment on the observations of the General Confederation of Workers of Mauritania (CGTM), received on 28 August 2015, in relation to Conventions Nos 22 and 23, the Committee notes the Government’s indication that social dialogue has been reopened in the fishing sector, resulting in the conclusion of a new maritime collective agreement and the adoption of a new pay scale for seafarers. It also notes that the Ministry of Fishing and Maritime Economy is planning to begin social dialogue in the near future in order to strengthen the legal framework in the fishing sector. The Committee takes due note of this development and requests the Government to provide a copy of the recently concluded collective agreement.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Article 6(3)(2). Particulars to be included in the employment agreement. Noting that the Government has not provided information on the elements that must be included in the employment contract, including the place at which and date on which the agreement was completed and details regarding the paid annual leave, the Committee reiterates its previous comment and requests the Government to adopt the necessary measures to give full effect to these requirements of the Convention.

Repatriation of Seamen Convention, 1926 (No. 23)

Application of the Convention. The Committee requested the Government to provide information regarding the observations of the CGTM according to which Mauritanian seafarers are abandoned by foreign shipowners in transit ports, due mainly to the type of permits granted by the State and their lack of clarity. The Committee notes the Government’s indication that the assertions of the CGTM are unfounded, as the provisions of the Convention are applied correctly. The Committee requests the Government to provide information on any abandonments affecting Mauritanian seafarers indicating, where relevant, the flag State of the ship concerned.

Article 5, paragraph 2. Remuneration. Referring to its previous comment, the Committee notes the Government's indication that the seafarer's right to remuneration for work performed during repatriation will be taken into account at the forthcoming tripartite social dialogue sessions on the Maritime Collective Agreement with a view to its incorporation into the relevant regulatory framework. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention and to provide a copy of the Collective Agreement once adopted.

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In order to provide an overview of the issues relating to the application of maritime agreements, the Committee considers it helpful to examine them in a single comment as follows.

The Committee notes the adoption of Act No. 2013-029 of 15 October 2013, establishing the Merchant Navy Code (CMM) which addresses some points raised by the Committee in its previous requests. It also notes the observations of the General Confederation of Workers of Mauritania (CGTM), received on 28 August 2015, relating to the Seamen’s Articles of Agreement Convention, 1926 (No. 22) and the Repatriation of Seamen Convention, 1926 (No. 23). The Committee notes that, according to the CGTM, social dialogue has been interrupted by the Fishing Ministry concerning negotiations regarding the Maritime Convention and workers and trade unions are no longer involved in the implementation and monitoring of the relevant regulations. The CGTM maintains that the social partners are excluded from the negotiations regarding the conclusion of maritime agreements. The Committee notes the Government’s reply to the observations of the CGTM. However, it notes that this reply does not provide clarification on this matter. The Committee requests the Government to provide information in this respect.

Seamen’s Articles of Agreement Convention, 1926 (No. 22.) Article 3(1). Signature of a seafarers’ employment agreement. In its previous request, the Committee requested the Government to indicate the measures taken in order to ensure that the seafarer, and possibly his or her adviser, has the possibility of examining the employment agreement before signing it, and that the seafarer understands its terms, as required by the Convention. In its reply, the Government indicates that section 394(2) of the CMM gives full effect to this provision of the Convention. The new provision of the CMM stipulates that the contract must be signed by the seafarer before departure of the vessel under conditions that allow him or her to examine the clauses unhurriedly and to, where necessary, freely ask and accept advice before signing. The Committee takes note of this information.

Article 6(3)(2). Particulars to be included in the employment agreement. In its previous comments, the Committee noted that the former CMM did not provide for the compulsory inclusion in the seafarers’ employment agreement of the place and date when the agreement was signed and details of annual leave with pay. The Committee notes that the Government’s report does not contain information on this subject and that the new Code does not cover this point. The Committee once again requests the Government to indicate how full effect is given to this provision of the Convention.

Repatriation of Seamen Convention, 1926 (No. 23). Application of the Convention. The Committee notes the observations of the CGTM according to which Mauritanian seafarers are abandoned by foreign shipowners in transit ports. It emphasizes that this situation is due mainly to the type of permits granted by the State and their lack of clarity, as foreign shipowners do not want any on-board monitoring conducted by national seafarers. The Committee requests the Government to provide information in this regard.

Article 5(2). Remuneration. In its previous comment, the Committee noted that previous Act No. 95-009 of 31 January 1995, establishing the CMM, did not contain any provisions to ensure that a seafarer repatriated as a member of a crew is entitled to remuneration for work done during the voyage, as set out by this Article of the Convention. In its reply, the Government indicates that the provisions of the new CMM are in line with the provisions of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes, however, that subsection (8) of the new CMM (sections 460–462) on the issue of repatriation still does not include provisions ensuring that a seafarer be remunerated. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Officers’ Competency Certificates Convention, 1936 (No. 53). Article 3(2). Exceptions. The Committee notes that section 418(1) of the new CMM provides that seafarers can only be employed on board a Mauritanian vessel if they have successfully completed the appropriate vocational training. Paragraph 2 of the section in question provides that, except in cases of force majeure or exceptions granted by the maritime authority, the duties of officers on board commercial vessels can only be performed by seafarers who hold a certificate or qualification in accordance with the International Convention on Standards of Training, Certification, and Watchkeeping (STCW). The Committee once again recalls that exceptions to the provisions of the Convention are only permitted in cases of force majeure and that, therefore, the possibility for the maritime authority to grant exceptions is not in conformity with the Convention. It therefore hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention and that, until then, the maritime authority will not grant such exceptions.

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Article 3(1) of the Convention. Signature of a seafarers’ employment agreement. The Committee notes that section 286 of the Merchant Navy Code, established by Act No. 95-009 of 31 January 1995, provides that the employment agreement must be clearly worded and such as to leave the parties in no doubt over their respective rights and obligations, especially with regard to the length and type of the contract, but does not provide that the seafarer must have facilities to examine the employment agreement before signing it, as prescribed by the Convention. The Committee therefore requests the Government to indicate the measures taken to ensure that the seafarer, and possibly his adviser, has the possibility of examining the employment agreement before signing it, and that the seafarer understands its terms, as required by the Convention. The Committee recalls that the provisions of Article 3(1) of the Convention have been reproduced in Regulation 2.1(2), and Standard A2.1(1)(a), (b) of the Maritime Labour Convention, 2006 (MLC, 2006), which aim to ensure that the seafarer has an opportunity to examine and seek advice on the terms and conditions in the employment agreement and freely accepts them before signing.

Article 6(3)(2) and (11). Particulars to be included in the employment agreement. The Committee notes that the Merchant Navy Code does not provide for the compulsory inclusion in the seafarers’ employment agreement of the date when the agreement was signed and details of annual leave with pay. The Committee requests the Government to indicate the manner in which it is ensured that the seafarers’ employment agreement is obliged to contain these various particulars, as required by the Convention. It recalls that the list of particulars contained in Article 6(3) of the Convention corresponds to a large degree to the one established by Standard A2.1(4) of the MLC, 2006, which also prescribes the inclusion of information on the health and social security protection benefits to be provided to the seafarer by the shipowner, the seafarer’s entitlement to repatriation and, if applicable, reference to the relevant collective bargaining agreement. The Committee hopes that the Government will ensure the implementation of this Article of the Convention in such a way as to also facilitate the application of the corresponding provisions of the MLC, 2006.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including details of the number of seafarers enlisted per year, an example of a standard seafarers’ employment agreement, if it exists, the number of reported infringements of the provisions of national law giving effect to the Convention and the corrective measures taken.

Finally, the Committee recalls that Convention No. 22, as well as 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006). Most of the provisions of this Convention have been incorporated without any significant changes in Regulation 2.1 and the corresponding Code of the MLC, 2006, and therefore ensuring compliance with Convention No. 22 would facilitate compliance with respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed on any steps taken or envisaged for the ratification and effective implementation of the MLC, 2006.

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The Committee notes that the Government’s report has not been received. It must therefore repeat part of its previous comment which reads as follows:

The Committee notes that the provisions of Act No. 95-009 of 31 January 1995 issuing the Merchant Marine Code and repealing the provisions of Act No. 78-043 of 28 February 1978, still do not give effect to the provisions of Article 9, paragraph 1, of the Convention. The Committee requests the Government to indicate the measures taken or contemplated to apply these provisions of the Convention.

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Further to its observation under the Convention and its previous comments, the Committee notes that the provisions of Act No. 95-009 of 31 January 1995 issuing the Merchant Marine Code and repealing the provisions of Act No. 78-043 of 28 February 1978, still do not give effect to the provisions of Article 9, paragraph 1, of the Convention (possibility for the seafarer to terminate an agreement for an indefinite period in any port where the vessel loads or unloads) and Article 12 (circumstances in which the seafarer may demand his immediate discharge). The Committee requests the Government to indicate the measures taken or envisaged to apply these provisions of the Convention.

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The Committee notes the information supplied in the Government's report according to which the new Merchant Navy Code enacted in Act No. 95009 of 31 January 1995 has taken into account the comments it has been making for several years. On this score, the Government mentions in its report the provisions of sections 302 and 310 of this new Code. The Committee requests the Government to supply the text of the Code so that it can ascertain to what extent effective application is ensured of Article 9, paragraph 1, and Articles 12 and 14, paragraph 2, of the Convention.

[The Government is requested to submit a detailed report in 1996.]

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The Committee notes that the Merchant Marine Code currently being prepared at the Directorate of the Merchant Marine, will take into consideration the previous comments on the application of Article 9, paragraph 1, of the Convention (possibility for the seafarer of terminating an agreement for an indefinite period in any port where the vessel loads or unloads), Article 12 (determining the circumstances in which the seafarer may demand his immediate discharge) and Article 14, paragraph 2 (right of the seafarer to a certificate of service). The Committee hopes that the Government's next report will state that the above-mentioned Merchant Marine Code has been adopted. It reminds the Government that the Office has proposed that an expert be made available to the Government to assist it in taking stock of existing national maritime legislation, to make recommendations on the reforms needed and to check the conformity of the existing legislation with the international labour Conventions ratified by Mauritania in the area concerned and to examine the possibility of further ratifications. The Committee hopes that the Government will follow up this proposal.

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Further to its previous observations, the Committee notes the information supplied by the Government and the results of the direct contacts mission conducted in May 1992. The Committee had been drawing the Government's attention for some years to the fact that Article 9, paragraph 1, of the Convention (possibility for the seafarer of terminating an agreement for an indefinite period in any port where the vessel loads or unloads), Article 12 (determining the circumstances in which the seafarer may demand his immediate discharge) and Article 14, paragraph 2 (right of the seafarer to a certificate) are not reflected in the national legislation. It notes with interest that the Government plans to have a Bill drawn up to deal with matters still pending, and also that the ILO has agreed in principle to the Government's request for technical assistance for a more general revision of the Merchant Marine Code.

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Further to its previous observations concerning the draft Ordinance prepared in 1979, the Committee notes, from the Government's report, that the above draft has not yet been adopted. In view of the fact that the draft should bring the legislation into conformity with Article 9, paragraph 1, of the Convention (the possibility for the seaman of terminating an agreement for an indefinite period in any port where the vessel loads or unloads), Article 12 (determining the circumstances in which the seaman may demand his immediate discharge) and Article 14, paragraph 2 (the right of the seaman to a certificate), the Committee trusts that the Government will be able to indicate in the very near future that the draft in question has been adopted and that it will transmit a copy of it.

[The Government is asked to report in detail for the period ending 30 June 1992.]

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The Committee notes with regret that for two consecutive years the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous observation, the Committee notes the Government's statement in its report to the effect that all the steps are being taken towards the adoption of the draft Ordinance prepared in 1979 to bring the legislation into conformity with Article 9, paragraph 1, of the Convention (the possibility for the seaman of terminating an agreement for an indefinite period in any port where the vessel loads or unloads), Article 12 (determining the circumstances in which the seaman may demand his immediate discharge) and Article 14, paragraph 2 (the right of the seaman to a certificate). The Committee trusts that the Government will be able to report the adoption of the above draft in the very near future and transmit its text.