Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mauritania (RATIFICATION: 1963)

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A Government representative recalled that the difficulties with respect to this Convention resulted from the painful events that took place in 1989 between Mauritania and Senegal, and he assured the Committee that the normalization of bilateral relations since then had permitted the reinstatement of workers in their employment and their free movement to the satisfaction of both parties. As Mauritania was a country founded in law, every person who considered that their rights had been infringed had the opportunity to appeal. More generally, the Constitution, the Law Respecting Public Service and the Labour Code prohibited any form of discrimination during recruitment or in employment. In the public service, the recruitment on the basis of competition guaranteed equality of opportunity to all Mauritanians without social, ethnic or racial distinction. In the private sector, the requirement of registration on the lists of service of the labour force was the only valid criterion. The Government's social policy aimed at encouraging the persons who were the most under-privileged.

The Workers' members recalled that this case originated in a representation presented by the National Confederation of Workers of Senegal, which resulted in the adoption by the Governing Body of a report recommending that specific measures be taken to determine the nationality of persons displaced and reparation for the prejudice suffered. The Governing Body had asked for a detailed report for 15 October 1991 on the effect given to these recommendations. However, the statement of the Government representative did not allow the Committee to determine what measures had been taken to give effect to these recommendations. Thus, it was appropriate to insist that the Government act quickly as indicated and that it inform the Office of measures taken in practice.

The Employers' members associated themselves with the Workers' members' request that the Government explain the concrete measures taken following the recommendations of the Governing Body. It was not sufficient to state that the reasons for the past events were history. Concrete measures remained necessary, pursuant to which the Government should present a detailed report as soon as possible so that the Committee of Experts would be in a position to examine the situation once again.

The Government representative stated that he had taken due note of the different observations and recommendations. In reply to a question from the Workers' member of Greece, he stated that negotiations between Mauritania and Senegal were going on.

The Committee regretted that the Government had not supplied information on the measures taken to implement the recommendations made by the committee set up by the Governing Body of the ILO to examine the representation presented under article 24 of the Constitution of the ILO concerning in particular the employment situation of nationals of Mauritania displaced in 1989 during a conflict with Senegal. Consequently, the Committee urged the Government to do everything possible to award appropriate compensation to the Mauritanian nationals who had suffered prejudice in their employment. The Committee expressed the hope that the Government would send a detailed report so that the Committee of Experts and this Committee would be able, in the near future, to note decisive progress towards resolving this problem.

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Article 3(d). Protection of civil servants and agents of the State against discrimination. The Committee notes the Government’s explanations on this point, and particularly the information relating to section 2 of Ordinance No. 2007-025 of 9 April 2007 issuing the Code of Ethics for Public Employees, in accordance with which any discrimination on the basis of origin, race, religion, sex, tribe, ethnic origin, political, philosophical or trade union beliefs is prohibited. Noting that the Government also indicates that public employees can lodge complaints against the State (administrative chamber of the Supreme Court) if they consider that they are victims of discrimination on the basis of colour, religion, political opinion, national extraction or social origin, the Committee requests the Government to provide information on: (i) any complaints of discrimination lodged by a public employee, with an indication of the grounds indicated, the legal basis for the complaint and the outcome; and (ii) any measure adopted to inform public employees of their rights in relation to non-discrimination. It also requests the Government to specify whether clause 2 of the Ethics Code refers to “religion”, as indicated in its report, or to “region”, as indicated in the compendium of texts published by the Ministry of the Public Service and Labour.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution). The Committee is continuing to ensure follow-up to the recommendations adopted in 1991 by the Government Body following a representation made by the National Confederation of Workers of Senegal (CNTS) under article 24 of the ILO Constitution with regard to the situation of black Mauritanian workers of Senegalese origin who, in terms of their employment, suffered the consequences of the conflict with Senegal in 1989. It notes the Government’s indication that all the workers who were victims of the events of 1989 have been reinstated in the public service and that, in the case of those who have reached the age of retirement, the State has ensured that they benefit from retirement pensions.

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The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM), received on 29 August 2023.

Article 1(1) of the Convention. Definition and prohibition of discrimination. Legislation. The Committee notes that the CGTM in its observations takes up the requests made by the Committee in respect of Act No. 2018-023 criminalizing discrimination. However, it notes with regret that the Government’s report does not contain any information in reply to its previous comments. The Committee therefore urges the Government to review the definition of discrimination contained in section 1 of Act No. 2018-023 criminalizing discrimination to ensure that it covers, without restriction, all of the grounds of discrimination set out in Article 1 of the Convention. Furthermore, in order to avoid any legal confusion and clarify the legal framework applicable to discrimination in employment and occupation, it also requests the Government to take measures to amend sections 4 and 20 of the Act respecting prohibited grounds of discrimination with a view to aligning them, as a minimum, with those set out in the Labour Code and Article 1(1)(a) of the Convention, specifying the aspects of employment and occupation covered, in accordance with Article 1(3) of the Convention.

Article 1(1)(a). Discrimination on the basis of race, colour, national extraction and social origin. Former slaves and descendants of slaves. The Committee notes with regret that once again the Government’s report does not contain information on this subject. However, it notes that the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, who visited Mauritania from 4 to 13 May 2022, found that Mauritania had made important progress, but observed that descent-based slavery continues to persist in certain regions of the country and drew attention to several areas in which slaves and persons who have emerged from slavery and their descendants face social, economic and political exclusion. In this regard, he recommended the Government to take measures with a view to eliminating discrimination in relation to the victims of slavery. He noted in particular that: (1) “[m]any victims of slavery remain economically, socially and culturally dependent on their former enslavers due to a lack of viable alternatives”; and (2) those “who find other work are often limited to jobs characterized by casualization, precariousness, exploitation and abuse due to discrimination, lack of education and documentation, and limited access to productive assets, including land.” The Special Rapporteur emphasized that the Taazour agency primarily works to address poverty through infrastructure projects and cash transfers, which admittedly benefit victims of slavery, but which do not necessarily address the structural barriers that keep victims of slavery in poverty, including deep-rooted discrimination and inequality that prevent them from accessing education, public services and decent work. He considered that “positive measures specifically targeting Haratine and Black Mauritanian communities are necessary to break the cycle of discrimination, poverty and dependence and overcome the centuries-long legacy of slavery” and recommended positive discrimination measures in areas “where victims of slavery are underserved or underrepresented, including access to land, housing, education and vocational training, civil registration, social protection, entrepreneurship support and public employment opportunities” (A/HRC/54/30/Add.2, 21 July 2023, paragraphs 45, 59, 60 and 72). The Committee notes that a new ILO cooperation project, entitled “Empowerment for Resilience: Survivors Combat Slavery and Slavery-based Discrimination in Mauritania and Niger through Sector-based Social Partnerships and Sub-regional Collaboration (2022-26)” is currently being implemented and includes among its objectives enabling victims of descent-based slavery and discrimination on grounds of slavery to develop independent and diversified sources of income in targeted sectors (outcome 3). Noting this information and also referring to its 2022 comments on the application of the Forced Labour Convention, 1930 (No. 29), the Committee urges the Government to take specific measures to: (i) eliminate stigmatization and discrimination, and particularly social prejudices, in relation to former slaves and descendants of slaves; (ii) promote equality in employment and occupation without distinction as to race, colour, national extraction or social origin; and (iii) encourage the education, training and employment of persons affected by stigmatization and discrimination based on race, colour, national extraction or social origin. It urges the Government to provide information on: (i) the measures adopted in this regard and the results achieved; and (ii) the implementation of the ILO project referred to above in the country in terms of combating discrimination in employment and occupation.

Discrimination based on sex. Sexual harassment. The Committee recalls that: (1) there are still no measures in law or practice to combat sexual harassment; and (2) measures had been envisaged by the Government in the form of a Bill to combat violence, including sexual harassment. It notes the Government’s very general indication that, with a view to reinforcing the protection of women and girls and eliminating any form of discrimination against them, it intends to strengthen the relevant legislative framework as soon as possible. The Committee also notes the preliminary conclusions published on 6 October 2023 by the United Nations Working Group on discrimination against women and girls, which carried out a 12-day mission to the country, according to which: (1) women are reported to be severely harassed at work at times and compelled to leave their jobs: and (2) sexual harassment and gender-based violence from teachers have also been reported as a concern likely to contribute to the drop-out rates of girls from school. The Committee recalls that, to be effective, protection against sexual harassment must cover: (1) all workers, women and men; (2) not only employment and occupation, but also education and vocational training, access to employment and conditions of employment; (3) all the forms of sexual harassment; and (4) all those committing sexual harassment, including colleagues, clients and third parties. In light of the above, the Committee urges the Government to take effective measures in law and practice to: (i) define, prevent and prohibit sexual harassment in employment and occupation covering not only quid pro quo harassment, but also hostile working environment harassment; and (ii) inform and raise the awareness of workers, employers and their respective organizations, as well as labour inspectors and magistrates, concerning issues related to sexual harassment (prevention, treatment of cases, complaints procedures, assistance to and rights of victims, etc.). The Committee once again requests the Government to provide information on the progress made in the legislative work on the Bill on violence against women and girls, to which the Government referred in its previous report, and specific information on its content in relation to sexual harassment in employment and occupation.

Articles 2, 3(a) and 5. Equality of opportunity and treatment for men and women. Positive measures for women. The Committee notes with regret that the Government confines itself in its report to indicating without other information that it is taking effective and positive measures to strengthen equality between women and men in employment and occupation. With reference to action to combat discrimination against women and girls and the promotion of gender equality, the Committee also notes the preliminary conclusions published on 6 October 2023 by the United Nations Working Group on discrimination against women and girls, which carried out a 12-day mission to the country, according to which: (1) the poverty experienced by women and girls often emanates from blatant systemic failures rooted in gender-based discrimination and exclusion, manifested by the lack of decent work, lack of quality and accessible education, unequal rights to land and housing, and chronic food insecurity; (2) the vicious cycle of poverty and exploitation particularly afflicts women who experience multiple and intersecting forms of discrimination, including rural women, migrant and refugee women and girls, women with disabilities and women from certain ethnic groups; (3) access to credit remains a significant challenge for many women which severely curtails their entrepreneurship and their ability to improve their livelihoods; (4) only 6 per cent of women own land (4.2 per cent of women in rural areas); (5) the gender gap in the labour market is stark, with only 26.4 per cent of women participating, compared with 56.6 per cent of men; (6) in 2018, only 11 per cent of enterprises were owned by women, and in 2014 only 5 per cent of Mauritanian enterprises included women in top management; (7) women predominate in the informal and precarious economy (76.5 per cent of them work there, compared with 42.9 per cent of men), which is a reflection of structural discrimination, including the persistence of gender stereotypes and gendered expectations, norms and attitudes; (8) women and girls often bear the majority, if not all, of the burden of unpaid care and household work, often described as a “woman’s job”; and (9) the absence of childcare options offered by the State also significantly hinders women from working outside the home and achieving economic empowerment. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it notes the creation of the National Observatory on the Rights of Women and Girls by Decree No. 2020/140 and refers to the following recommendations, among others: (1) raising awareness of the importance of girls’ and women’s education at all levels as a basis for their empowerment and the development of the country, as well as the promotion of the completion of secondary education by girls and women and their access to tertiary education; (2) increasing the access of women to full-time employment in the formal economy, including by strengthening literacy programmes and vocational training opportunities for women, with special emphasis on disadvantaged groups of women; (3) effectively enforcing labour legislation protecting women’s rights in the workplace by strengthening labour inspections and establishing confidential and independent complaint mechanisms, as well as by raising awareness in the population of women’s equal rights in employment; (4) repealing section 57 of the Personal Status Code (which provides that “married women may, subject to the requirements of the Sharia, exercise any occupation outside the conjugal home”) and eliminating any other restrictions on women’s participation in certain professions or types of work; and (5) ensuring that the unpaid work of women is recognized, reduced and redistributed, including by increasing the availability of affordable childcare facilities and promoting the participation of men in domestic and family responsibilities (CEDAW/C/MRT/CO/4, 2 March 2023, paragraphs 5, 33, 35 and 39). The Committee also notes that, in its observations, the CGTM emphasizes that certain sociological and retrograde perceptions, particularly on gender equality, should be covered by broad training and information campaigns at the national level and in all socio-professional sectors. The Committee urges the Government to establish a real gender equality policy in employment and occupation, in collaboration with workers’ and employers’ organizations, and in particular to take specific measures to: (i) promote the access of women to a broader range of formal jobs, and particularly the jobs traditionally reserved for men and positions of responsibility, as a means of combating the horizontal and vertical occupational segregation of women and men; (ii) improve the access of women to productive resources, and particularly credit and land, and new technologies; (iii) take action to combat actively socio-cultural and gender stereotypes, particularly through awareness-raising campaigns; and (iv) improve the reconciliation of family and work-related responsibilities and the sharing of domestic responsibilities. It requests the Government to provide information on: (i) any measures taken in this regard and the results achieved; (ii) the implementation and results of the National Strategy for Gender Mainstreaming (2015-25); (iii) the activities of the National Observatory on the Rights of Women and Girls in relation to employment and access to productive resources; and (iv) recent statistical data, disaggregated by sex, on the participation of women and men in the private and public sectors (public service and other public employment).

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

[The Government is asked to reply in full to the present comments in 2024.]

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Article 1(1) of the Convention. Definition and prohibition of discrimination. The Committee notes the adoption on 18 January 2018 of Act No. 2018-023, criminalizing discrimination. It notes that the definition of discrimination under section 1 appears to be more restrictive than the definition in the Convention, insofar as it refers to conformity with the Sharia. With regard to the grounds for discrimination prohibited by the new Act, the Committee notes that the general prohibition of discrimination under section 4 only concerns membership or otherwise of an ethnic group, race and language, while section 20, which covers specifically discrimination in all aspects of employment, establishes penalties not only for discrimination based on race but also on colour, extraction, origin, disability, sex or nationality. The Committee also notes that the provisions of the new Act on discrimination are not consistent with those of the Labour Code in this regard. In effect, the Code establishes the principle of non-discrimination solely with regard to access to employment, and covers race, national extraction, colour, sex, religion, political opinion and social origin (see sections 104 and 395) - the seven grounds expressly covered by the Convention. In addition, the Committee notes the concerns expressed by the United Nations Human Rights Committee, in its concluding observations, regarding the fact that “the lack of legal clarity may lead to many of the Act’s provisions being interpreted in such a way as to restrict the enjoyment of some rights and freedoms and perpetuate discriminatory practices” (CCPR/C/MRT/CO/2, 23 August 2019, paragraph 12). While welcoming the willingness expressed by the Government to strengthen the legal framework to combat discrimination, the Committee requests it to review the definition of discrimination in section 1 of Act No. 2018-023 to ensure it covers, without restriction, all of the grounds for discrimination highlighted in Article 1 of the Convention. In addition, in order to avoid any legal confusion and clarify the legal framework applicable to discrimination in employment and occupation, it also requests the Government to take measures to amend sections 4 and 20 of this Act, regarding the prohibited grounds of discrimination, to align them at least with the Labour Code and the provisions of Article 1(1)(a) of the Convention, specifying the aspects of employment and occupation covered, in accordance with Article 1(3) of the Convention.

General observation of 2018. Regarding its observation, the Committee wishes to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and differences in remuneration for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, and remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comment, the Committee once again pointed out the lack of any legislative or other measures to combat sexual harassment. The Committee notes the Government’s reference in its report to a Bill concerning violence against women and girls, which: (1) establishes comprehensive protection measures to prevent, punish and eliminate such violence and afford assistance to victims; and (2) includes provisions that define, prohibit and punish sexual harassment. In this regard, the Committee emphasizes ”the importance of taking effective measures to prevent and prohibit sexual harassment at work” and that “such measures should address both quid pro quo and hostile environment sexual harassment”. The Committee also recalls that “the protection against sexual harassment should cover all employees, male and female, with respect not only to employment and occupation, but also vocational education and training, access to employment and conditions of employment” (see the 2012 General Survey on the fundamental Conventions, paragraphs 789 and 793) and also that it should cover not only the harassment committed by employers or their representatives but also by colleagues and third parties (clients, suppliers etc.). The Committee also notes in this regard the Government’s reference to provisions in the Bill that require the head of the enterprise to take measures aimed at preventing sexual harassment, eliminating it and punishing the perpetrators of such acts. The Government also indicates that, as soon as the Act enters into force, a national plan on awareness-raising and prevention of violence against women and girls will be implemented, and that it plans to carry out a large-scale further and in-service training programme aimed at professionals who intervene in situations of violence. It adds that information and awareness-raising campaigns will be launched by the public authorities. The Committee warmly welcomes the raft of measures envisaged by the Government to combat violence, including sexual harassment, and hopes that, in the near future, they will result in legislative measures and strong initiatives to effectively combat sexual harassment in the areas of employment and occupation. The Committee requests the Government to provide information on: (i) the legislative status of the Bill on violence against women and girls and specific information on its content with regard to sexual harassment in employment and occupation; and (ii) any measures taken to inform and raise awareness of professionals and the public regarding issues related to sexual harassment (prevention, treatment of cases, complaints procedure, and the rights of and assistance for victims etc.).

Articles 2 and 5. Equality of opportunity and treatment for men and women. Positive measures for women. In its previous comment, the Committee highlighted the very low participation of women in the labour market, the high proportion of women who work without pay and the marked occupational segregation between men and women, and requested the Government to increase its efforts to take further proactive measures to promote gender equality in employment and occupation. The Committee notes that, according to the observations made by the General Confederation of Workers of Mauritania (CGTM) on the application of the Equal Remuneration Convention, 1951 (No. 100), in 2014 men’s participation rate (69 per cent) remained significantly higher than women’s. According to the organization, women represented around 30 per cent of all personnel in the public service and only 12 per cent in category A (compared with 30 per cent in category B and 58 per cent in category C). The CGTM also indicates that data show that, except in education and public health, women are under-represented, and it emphasizes that the gender disparities are both quantitative and qualitative. With regard to the private sector, the CGTM indicates that women represent only 8 per cent of personnel (only 5.5 per cent of whom hold positions of responsibility). Noting that the Government’s report is silent on this matter, the Committee reiterates its request to the Government to take appropriate measures, including those related to occupational guidance and training, to promote women’s access to a broader range of jobs, particularly those traditionally occupied by men, along with measures to promote equal access for men and women to productive resources, including credit and land. It requests the Government to provide information on any measures taken to this end in the public and private sectors, as well as recent statistical data, disaggregated by sex, on men’s and women’s participation in the private and public sectors (including the public service).

Article 3(a). Cooperation with social partners. The Committee notes the Government’s indication that, within the framework of the revision of the Labour Code, the principle of non-discrimination was not discussed as it is adequately covered in the Code, in accordance with the provisions of the Convention. The Committee recalls that, pursuant to Article 3 of the Convention, the Government must undertake to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies in promoting the acceptance and observance of the national equality policy. In this regard, it wishes to draw the Government’s attention to the fact that this cooperation goes beyond the discussions on the revision of the Labour Code. The Committee encourages the Government to address the issues relating to non-discrimination and equality in employment and occupation within the framework of social dialogue.

Article 3(d). Protection of civil servants and agents of the State against discrimination. The Committee recalls that Act No. 93-09 of 18 January 1993 issuing the general regulations of public servants and contractual agents of the State prohibits discrimination based on sex, race and opinion. In its previous comment, it requested the Government to indicate how, in practice, civil servants and contractual agents of the State are protected against discrimination in employment and occupation based on colour, religion, political opinion, national extraction and social origin, and to specify whether the term “opinion” within the meaning of sections 15 and 105 of Act No. 93-09 includes the notion of political opinion set forth in the Convention. The Committee notes the Government’s reply that: (1) the term “opinion” covers the notion of political opinion as set forth in the Convention and (2) in practice, civil servants are protected against discrimination in employment and occupation based on colour, religion, political opinion, national extraction and social origin by Act No. 93-09 and the 2009 Civil Service Code of Conduct. In order to further determine the effective protection afforded to civil servants against discrimination based on colour, religion, national extraction and social origin, the Committee requests the Government to provide: (i) information on the manner in which this protection may be applied, by specifying how, for example, a civil servant or a candidate for the public service who feels discriminated against based on his or her social origin or colour can put an end to any discrimination and assert his or her rights; and (ii) a copy of the relevant provisions of the 2009 Civil Service Code of Conduct.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution). The Committee continues to ensure follow-up to the recommendations adopted in 1991 by the Governing Body following a representation made by the National Confederation of Workers of Senegal (CNTS) under article 24 of the ILO Constitution with regard to the situation of black Mauritanian workers of Senegalese origin who, in terms of their employment, suffered the consequences of the conflict with Senegal in 1989. It notes that in reply to its previous request, referring to the allegations of the CGTM about these workers, the Government indicates that thousands of workers who were victims of the 1989 events have been reintegrated into the public service or, where they have reached the age limit, have benefited from pensions. The Government adds that those who have not been regularized, if there are still such cases, should address the competent services where measures will be taken or envisaged for them. Noting the Government’s commitment in this regard, the Committee requests it to continue taking measures to regularize the situation of Mauritanian workers of Senegalese origin who come forward and to provide information on any measure taken in that context.

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The Committee notes the observations made by the Free Confederation of Mauritanian Workers (CLTM), received on 12 June 2019, and the Government’s reply, received on 21 October 2019.

Article 1(1)(a) of the Convention. Discrimination on the basis of race, colour, national extraction or social origin. Former slaves and their descendants. In its previous request, the Committee requested the Government to take steps to combat discrimination, including discrimination based on social origin, and the stigmatization suffered by certain segments of the population, particularly former slaves and descendants of slaves, in terms of access to education, training and employment, and to ensure the effective promotion of real equality and tolerance among the population. The Committee notes that, in its observations, the CLTM reports discrimination in access to well-paid and leadership posts to the advantage of only one part of the population, Arab Mauritanians, and the existence of an exclusion policy against black Haratine and Afro-Mauritanian workers from certain activity sectors, despite them being the majority in the population. The Committee notes that the Government’s report is silent on this point, but observes that, in its response to the CLTM’s observations on the application of the Employment Policy Convention, 1964 (No. 122), the Government contests the allegations of a discriminatory employment policy regarding the Haratine and Afro-Mauritanian communities. The Committee further notes that general information on measures taken to combat discrimination and stigmatization as vestiges of slavery was provided by the Government in its response to the CLTM’s observations on the application of the Forced Labour Convention, 1930 (No. 29). The Government indicates that, at the instigation of religious leaders and with the participation of civil society organizations, information and awareness-raising measures have been adopted on the illegitimacy of slavery and on the dissemination of Act No. 2015-031 of 10 September 2015, repealing and replacing Act No. 2007-048 of 3 September 2007, criminalizing slavery and punishing slavery-like practices. Awareness-raising caravans also travelled throughout the territory to inform those affected by the vestiges of slavery of their rights. The Government adds that positive training and integration actions for young graduates of Haratine and Afro-Mauritanian origin have been implemented to assist them find a job, particularly through the establishment of three funds for the beneficiaries of these targeted actions. The Committee notes the report of the high-level mission that visited Mauritania in April 2018 and recommended the adoption of an action plan to combat forced labour and slavery to, inter alia, institutionalize and coordinate action to raise awareness of slavery and its vestiges, including discrimination. In addition, the Committee notes, according to a communiqué of the President of the Republic, the establishment by a decree of November 29 2019 of a General Delegation for national solidarity and the fight against exclusion (“Taazour”), the objective of which is to extend social protection, eliminate all forms of inequality, strengthen national cohesion, combat poverty and coordinate all interventions in the target areas. It notes that this ministerial-level Delegation is mandated over the next five years to implement a programme for the economic and social promotion of populations which have been victims of inequality and marginalization, by strengthening the means of production, and improving the purchasing power, and access to education, health, drinking water, decent housing and energy of the poor population. Lastly, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed its concern at the fact that “certain traditional social structures and cultural prejudices continue to stoke racial discrimination and to marginalize the Haratine community, particularly in terms of access to education, employment, housing, health care and social services” and at the “very limited representation of the black African (Halpular, Soninke and Wolof) and Haratine communities in political and public affairs, including in leadership and decision-making positions in public administration, the army and the police, in elective office at the national level and in the private sector and the media” (CERD/C/MRT/CO/8-14, 30 May 2018, paragraphs 11–12). The Committee also refers to its comments on the application of the Forced Labour Convention, 1930 (No. 29), concerning awareness-raising activities on issues relating to slavery and its vestiges, particularly discrimination and stigmatization. Noting the willingness of the Government to actively fight against the vestiges of slavery, particularly the discrimination faced by former slaves and their descendants, the Committee requests it to intensify its efforts to raise awareness among all parts of the population of the illegitimacy of slavery and its vestiges, and to eliminate stigmatization and discrimination, particularly social prejudices, and to promote equality without distinction of race, colour, national extraction or social origin in employment or occupation. It also requests it to continue, including within the framework of the Taazour Delegation, its positive actions relating to education, training and employment of persons affected by stigmatization and discrimination based on race, colour, national extraction or social origin and to provide information on the measures taken to this end and the results achieved.

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

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The Committee notes the observations made by the General Confederation of Workers of Mauritania (CGTM) in communications received on 28 August 2015 and 30 August 2016, and the Government’s reply received on 12 October 2015.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. Pointing out that for several years it has stressed the lack of any legislative or other measures to prevent and combat sexual harassment, the Committee notes with regret that yet again there is no information on this matter in the Government’s report. The Committee points out that in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at women’s vulnerability to sexual harassment at work, particularly in domestic work which is not subject to labour inspection. CEDAW furthermore refers to a draft act on violence against women which includes a definition of gender discrimination (CEDAW/C/MRT/CO/2-3, 24 July 2014, paragraphs 12 and 36). The Committee recalls that sexual harassment is a serious manifestation of sex discrimination and that it undermines equality at work by calling into question the integrity, dignity and well-being of workers, and that it damages an enterprise by weakening the bases upon which work relationships are built and by impairing productivity (2012 General Survey on the fundamental Conventions, paragraphs 789–794). The Committee again requests the Government to take the necessary measures, in law and in practice, to define, prevent and prohibit all forms of sexual harassment in employment and occupation against women and men, and to allow the victims to seek legal redress and assert their rights. The Committee also asks the Government to provide information on the content of the draft act on violence against women and on the status of its passage.

Articles 2 and 5. Equality of opportunity and treatment for men and women. Positive measures for women. The Committee recalls the very low participation of women in the labour market, the high proportion of women who work without pay and the marked occupational segregation between men and women. The Committee notes from the CGTM’s comments that some company managers view women “as lacking the biological capacity to be competitive in the labour market” and that they are never hired in certain sectors, such as mines, security and guard services. The CGTM reports more generally that women have difficulty in finding employment and that, in most cases, they are employed in menial work or domestic duties. The Committee further notes that, in its concluding observations, CEDAW draws attention to the high illiteracy rate of women compared with that of men (53 and 33 per cent, respectively); the marginalization of non-Arab and rural girls in the education system; the persistence of factors causing girls to drop out of school, such as early marriage and the engagement of women and girls in domestic tasks; the limited access of girls and women to higher levels of education and the stereotypes associating them with careers in the social disciplines rather than science, mathematics, technology or engineering; the high percentage of women who are self-employed or work in the informal sector, where they are not protected by labour laws and have no social security cover; and the under-representation of women, particularly those from ethnic minorities, in decision-making and senior positions in the public and the private sectors (CEDAW/C/MRT/CO/2-3, paragraphs 34 and 36). The Committee notes the positive measures taken by the Government to recruit and train 50 women in the public service to take up posts of responsibility and two women in higher education, and the entry of women to employment in the legal system, referred to by the Government in its report on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. It further recalls that legislative measures to give effect to the principles of the Convention are important, but not sufficient to achieve its objectives. Effectively responding to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and social values (2012 General Survey, paragraphs 848 and 856). While welcoming the measures taken by the Government to increase women’s participation in employment, the Committee requests the Government to increase its efforts to take further proactive measures to promote gender equality and provide detailed information in this regard, in accordance with Article 3(f) of the Convention. The Government is asked in particular to take appropriate measures to promote women’s access to a broader range of jobs, particularly those traditionally occupied by men, along with measures to promote equal access for men and women to productive resources, including credit and land.

Article 3(a). Cooperation with social partners. The Committee welcomes the information supplied by the Government to the effect that it has sought the views and suggestions of the social partners about the forthcoming revision of the Labour Code and the general collective labour agreement, for which a committee has been set up. Recalling the crucial role of the social partners, the Committee requests the Government to provide information on issues relating to non-discrimination and equality in employment and occupation to be addressed in the course of the revision of the labour law and on the decisions taken.

Article 3(d). Application of the Convention in the public sector. The Committee recalls that Act No. 93-09 of 18 January 1993 issuing the general regulations of public servants and contractual agents of the State prohibits discrimination based on sex, race and opinion. The Committee observes that the Government’s report contains no information on the protection of workers against discrimination in the public sector. The CGTM reports that in some fields of occupation, such as the judiciary, women seldom hold posts requiring highly qualified personnel and that in local civil service authorities, the promotion of women to high-level posts remains the exception, even where women have the same qualifications as men. In its communication of 2016, the CGTM indicates that at present there is discrimination in the civil service in access to certain jobs and certain professions based on language and socio-cultural criteria. It also reports systematic exclusion of certain segments of the youth from several departments of the civil service, particularly defence. The Committee requests the Government to provide its comments on the CGTM’s observations. It once again asks the Government to indicate how, in practice, civil servants and contractual agents of the State are protected against discrimination in employment and occupation based on colour, religion, political opinion, national extraction and social origin, and to specify whether the term “opinion” within the meaning of sections 15 and 105 of Act No. 93-09 includes the notion of political opinion set forth in the Convention.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution). With regard to the situation of black Mauritanian workers of Senegalese origin who, in terms of their employment, suffer the consequences of the conflict with Senegal in 1989, the Committee is pursuing its examination of the action taken by the Government on the recommendations adopted in 1991 by the Governing Body following a representation made under article 24 of the ILO Constitution by the National Confederation of Workers of Senegal (CNTS). The Committee notes that the CGTM presses its allegation that the workers who fell foul of the 1989 events have suffered discrimination since their return as most of them have not recovered their rights (i.e. reinstatement in their posts in the public, semi-public and private sectors, social security coverage and compensation). The Committee notes that, according to the Government, the rights of these workers have been fulfilled, except for a few rare cases of individuals who returned much later and whose situation is being rectified, and the Tadamoun agency is also in charge of the reintegration of these workers. While noting this information, the Committee again requests the Government to provide information on the number of victims of the 1989 events who have been reinstated in employment and the number of those whose situation is being rectified, and on the measures taken or envisaged in their interests.

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Article 1 of the Convention. Discrimination on the basis of race, colour, national extraction or social origin. The Committee recalls that the Free Confederation of Mauritanian Workers (CLTM) previously reported the existence of discriminatory practices in employment and occupation to which slaves, former slaves and descendants of slaves are exposed. It notes that the roadmap adopted in March 2014 to eradicate the remnants of slavery recommends incorporating provisions on discrimination in the relevant legislation. The Committee takes due note of the adoption of Act No. 2015-031 of 10 September 2015 repealing and replacing Act No. 2007-048 of 3 September 2007 to criminalize slavery and punish slavery-like practices, which continues to prohibit all forms of discrimination against a person deemed to be a slave (section 2). It notes that in its report the Government again provides information on the activities of the TADAMOUN agency, created in 2013 to eliminate the vestiges of slavery through integration and poverty reduction, and mentions the implementation of the triennial action plan (2015–17) targeting 604 villages and groups of persons suffering from the vestiges of slavery and extreme poverty. The Government specifies that the agency finances income-generating activities to combat extreme poverty, in particular in the adwabas (villages inhabited by victims of the vestiges of slavery), and has enabled education infrastructure (schools, etc.) to be built. The Committee takes note of the information gathered by the ILO direct contacts mission that visited Mauritania from 3 to 7 October 2016 following the examination by the Conference Committee on the Application of Standards in June 2016 of the application of the Forced Labour Convention, 1930 (No. 29). The Committee notes in particular the adoption of an education action plan providing for the creation of priority education areas, in which training centres have been established for children who have never been to school. The mission report indicates that progress has been observed in the legislation, the judiciary and development in terms of reducing poverty, but that the need to produce a shift in mentality was raised by many participants as an important factor in combating such a complex phenomenon. As the Committee has previously pointed out, it considers that in the context of the global strategy to combat slavery and its vestiges, it is important to take specific measures against the discriminatory practices faced by victims, in particular those which, in the absence of equality of opportunity, result in former slaves finding themselves back in slavery. While noting the efforts made by the Government to reduce poverty, the Committee again requests the Government to take the necessary steps to combat discrimination, including discrimination based on social origin, and the stigmatization suffered by certain segments of the population, particularly former slaves and descendants of slaves, in terms of access to education, training and employment, and to ensure the effective promotion of real equality and tolerance among the population.

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

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Sexual harassment. Referring to its previous comments on the preparation of a legal instrument prohibiting sexual harassment, the Committee had noted the Government’s statement in its previous report to the effect that “sexual harassment is unknown in the customs and traditions of Mauritania”. It had nevertheless noted that the 2007–08 report of the National Committee on Human Rights had emphasized the proliferation of cases of sexual violence against women, and that the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations, had expressed its concern that women’s access to justice was limited by a number of factors such as illiteracy, legal costs and lack of information about their rights (CEDAW/C/MRT/CO/1, 11 June 2007, paragraph 15). Finally, the Committee had noted that the Government wished to receive technical assistance from the Office to prepare a legal instrument prohibiting sexual harassment in employment and occupation. Referring to its general observation of 2002 on sexual harassment, the Committee requests the Government once again to:

• (i) take steps to draw up regulations prohibiting sexual harassment in employment and occupation, and to take the necessary steps to obtain technical assistance from the Office in this regard;
• (ii) provide information on any cases of harassment detected by the labour inspection services or reported to it, and on the follow-up to these cases; and
• (iii) take all necessary measures to promote women’s access to justice, including measures to provide women with a better knowledge of their rights and of the legal procedures available to them.

Equality of opportunity and treatment for men and women. The Committee notes that the Ministry for Social Affairs, Children and Family, in collaboration with the United Nations Development Programme (UNDP), published an in depth study on women’s access to productive resources in December 2009. According to this study, the status of women is still extremely precarious in terms of access to the country’s economic resources and in the sector of remunerated employment. In 2006, only 12.4 per cent of the active population, either working or having worked, were in paid employment, and 78.8 per cent of women were working without being paid. The study noted that there was occupational segregation, both horizontal and vertical, and that women found it difficult to have access to loans and land ownership; it emphasized the sociological obstacles and social prejudices preventing women from working. Noting this information, the Committee requests the Government to indicate the measures taken to promote equality between women and men with respect to access to productive resources, including steps to overcome stereotypes and prejudices regarding women’s capabilities and professional aspirations.

Referring more generally to women’s access to employment, the Committee reiterates its previous comments in which it urged the Government to take appropriate measures to promote women’s access to a wider range of jobs, particularly those traditionally occupied by men, and requested it to provide the following:

• (i) detailed information on the application of these measures and on their impact on women’s employment;
• (ii) statistics on the distribution of women and men in the different economic sectors, categories of employment or occupation and posts;
• (iii) information on the implementation of the “national strategy for the promotion of women” and its impact on the application of the principle of the Convention; and
• (iv) information on the application of strategies to involve women in decision-making envisaged in the “Plan of action for the promotion of human rights” and also on any other initiative relating to the application of the principle of equality of opportunity and treatment for men and women implemented in this context.

Article 3(a). Cooperation with the social partners. The Committee requests the Government once again to provide information on the specific activities undertaken by the National Tripartite Council for Labour, Employment and Social Security in order to promote equality of opportunity, and on the measures taken to facilitate dialogue on matters related to non-discrimination in employment and occupation.

Article 3(d). Application of the Convention in the public service. In its previous comment, the Committee noted the Government’s indications that the prohibition on recruiting any person deemed to be of unsound moral character to the post of public official or employee, in accordance with sections 6(2) and 110(2) of Act No. 93-09 of 18 January 1993, applied to candidates who had been convicted of serious offences. The Committee requests the Government once again to provide information on the application of these provisions in practice, including cases of the non-recruitment of candidates deemed to be of unsound moral character, and on court decisions applying this principle. Furthermore, the Committee asks the Government once again:

• (i) to indicate how, in practice, state officials and employees are protected against discrimination in employment and occupation, on the basis of all the grounds covered by the Convention, including colour, religion, national extraction and social origin;
• (ii) to clarify whether the term “opinion”, as used in sections 15 and 105 of Act No. 93-09, covers the concept of political opinion under the Convention; and
• (iii) provide examples of cases or decisions taken by the Disciplinary Council on this subject.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee notes the comments made by the Free Confederation of Mauritanian Workers (CLTM) in a communication received on 29 August 2013. The CLTM emphasizes that discrimination based on race, colour and origin is a common practice in the country. According to the CLTM, former slaves, who make up 50 per cent of the population, are excluded, marginalized and deprived of decent work, access to public service and to higher political administrative and military positions. It adds that former slaves are denied basic services (schools, health, water) and excluded from economic income-generating activities. It refutes the Government’s claims, to which the Committee refers in its observation, according to which, in the framework of the Programme for the Eradication of the Remnants of Slavery (PESE), former slaves have benefited from opportunities for employment and commercial activities. According to the CLTM, all the beneficiaries of the PESE belong to the Arab community. The CLTM emphasizes that there is no strategy to combat slavery in the country and that the National Agency to Combat Slavery and Poverty and to Promote Insertion, established at the beginning of 2013, has no programme, resources or strategy. Finally, the CLTM reports that former black Mauritanian managers and public employees are still unable to reassert their rights following their expulsion in 1989–90 due to racial discrimination. The Committee also notes the observations of the CLTM and the General Confederation of Workers of Mauritania (CGTM) made in the context of the Forced Labour Convention, 1930 (No. 29). The Committee requests the Government to provide its comments on these observations.

Article 1 of the Convention. Discrimination on the basis of race, colour, national extraction or social origin. With respect to discriminatory practices in recruitment and occupation to which slaves, former slaves and descendants of slaves are exposed, as raised previously by the Free Confederation of Mauritanian Workers (CLTM), the Committee notes the information provided by the Government on the implementation of the Programme for the Eradication of Remnants of Slavery (PESE). It notes in particular that the PESE has carried out more than 1,000 activities, such as establishing businesses, which have benefited 93,000 persons in the target villages, and that 45,000 casual jobs have been created. The Committee also notes that, in her report published in 2010, the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, refers to a programme started in 2008 by the Ministry of Employment and Vocational Training to provide microcredit to ex slaves so that they can set up small businesses (A/HRC/15/20/Add.2, 24 August 2010, paragraph 77). This report also mentions that former slaves find themselves back in slavery as a result of discrimination, lack of education or vocational training and lack of the means to find an alternative livelihood, or end up in service and manual labour positions in urban areas (A/HRC/15/20/Add.2, paragraphs 36 and 51). On the issue of the continuing existence of slavery and slavery-like practices, the Committee draws the Government’s attention to the Committee’s 2010 observation under the Forced Labour Convention, 1930 (No. 29), in which it highlighted the importance of a global strategy to combat slavery and its vestiges. The Committee considers that, in the context of the global strategy, it is important that measures be taken to address the discriminatory practices, in particular those resulting in former slaves finding themselves back in slavery. The Committee requests the Government to take measures, including in the context of the global strategy, to combat slavery as well as discrimination, especially on the ground of social origin, and the stigmatization to which certain segments of society are exposed, in particular former slaves and descendants of slaves. The Committee requests the Government to provide information on the impact of such measures, as well as regarding the measures taken to improve access to education, vocational training, employment and various occupations. The Committee also requests the Government to supply information on all measures to educate and raise awareness on the issue of equality of opportunity and treatment in employment and occupation, in order to overcome prejudices based on race, colour, national extraction or social origin, and to promote tolerance among workers, employers, their respective organizations and the general public.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

With regard to the situation of black Mauritanian workers of Senegalese origin who, in terms of their employment, suffered the consequences of the conflict with Senegal in 1989, the Committee is continuing to examine the action taken on the recommendations adopted in 1991 by the Governing Body with regard to a representation made by the National Confederation of Workers of Senegal (CNTS) under article 24 of the ILO Constitution. In this respect, the Committee noted in its previous comment that on 12 November 2007 the Mauritanian Government, the Senegalese Government and the United Nations Office of the High Commissioner for Refugees (UNHCR) signed an agreement on the voluntary return of Mauritanian refugees to Senegal. In its report, the Government indicates that income-generating programmes, linked particularly to livestock farming, setting up businesses and developing cooperatives, have been implemented to benefit the repatriated families. It also states that the census launched in 2010 on state officials and employees who had been victims of the events in 1989 will enable these persons to recover their rights and be fully involved as Mauritanians in the country’s development process. Taking note of these indications, the Committee requests the Government to provide information on the number of victims of the events of 1989 identified as a result of the ongoing census and on the follow-up to this procedure, particularly on the measures taken to:

• (i) reintegrate the persons concerned into the public service or to compensate them as well as their dependants;
• (ii) improve their chances of training and employment in the private sector; and
• (iii) implement the agreement of 2007, through the National Agency to Assist and Integrate Refugees, with respect to employment and occupation.

The Committee also requests the Government to provide information on any measures taken to prevent discrimination against these persons in employment and occupation, particularly when they are recruited.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary measures in the near future.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Equality of opportunity and treatment for men and women. The Committee notes that the Ministry for Social Affairs, Children and Family, in collaboration with the United Nations Development Programme (UNDP), published an in depth study on women’s access to productive resources in December 2009. According to this study, the status of women is still extremely precarious in terms of access to the country’s economic resources and in the sector of remunerated employment. In 2006, only 12.4 per cent of the active population, either working or having worked, were in paid employment, and 78.8 per cent of women were working without being paid. The study noted that there was occupational segregation, both horizontal and vertical, and that women found it difficult to have access to loans and land ownership; it emphasized the sociological obstacles and social prejudices preventing women from working. Noting this information, the Committee requests the Government to indicate the measures taken to promote equality between women and men with respect to access to productive resources, including steps to overcome stereotypes and prejudices regarding women’s capabilities and professional aspirations.

Referring more generally to women’s access to employment, the Committee reiterates its previous comments in which it urged the Government to take appropriate measures to promote women’s access to a wider range of jobs, particularly those traditionally occupied by men, and requested it to provide the following:

• (i) detailed information on the application of these measures and on their impact on women’s employment;
• (ii) statistics on the distribution of women and men in the different economic sectors, categories of employment or occupation and posts;
• (iii) information on the implementation of the “national strategy for the promotion of women” and its impact on the application of the principle of the Convention; and
• (iv) information on the application of strategies to involve women in decision-making envisaged in the “Plan of action for the promotion of human rights” and also on any other initiative relating to the application of the principle of equality of opportunity and treatment for men and women implemented in this context.

Furthermore, the Committee notes that the Government’s report does not contain any information in reply to its comments on the following points.

Article 1(1)(a) of the Convention. Sexual harassment. Referring to its previous comments on the preparation of a legal instrument prohibiting sexual harassment, the Committee had noted the Government’s statement in its previous report to the effect that “sexual harassment is unknown in the customs and traditions of Mauritania”. It had nevertheless noted that the 2007–08 report of the National Committee on Human Rights had emphasized the proliferation of cases of sexual violence against women, and that the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations, had expressed its concern that women’s access to justice was limited by a number of factors such as illiteracy, legal costs and lack of information about their rights (CEDAW/C/MRT/CO/1, 11 June 2007, paragraph 15). Finally, the Committee had noted that the Government wished to receive technical assistance from the Office to prepare a legal instrument prohibiting sexual harassment in employment and occupation. Referring to its general observation of 2002 on sexual harassment, the Committee requests the Government once again to:

• (i) take steps to draw up regulations prohibiting sexual harassment in employment and occupation, and to take the necessary steps to obtain technical assistance from the Office in this regard;
• (ii) provide information on any cases of harassment detected by the labour inspection services or reported to it, and on the follow-up to these cases; and
• (iii) take all necessary measures to promote women’s access to justice, including measures to provide women with a better knowledge of their rights and of the legal procedures available to them.

Article 3(a). Cooperation with the social partners. The Committee requests the Government once again to provide information on the specific activities undertaken by the National Tripartite Council for Labour, Employment and Social Security in order to promote equality of opportunity, and on the measures taken to facilitate dialogue on matters related to non-discrimination in employment and occupation.

Article 3(d). Application of the Convention in the public service. In its previous comment, the Committee noted the Government’s indications that the prohibition on recruiting any person deemed to be of unsound moral character to the post of public official or employee, in accordance with sections 6(2) and 110(2) of Act No. 93-09 of 18 January 1993, applied to candidates who had been convicted of serious offences. The Committee requests the Government once again to provide information on the application of these provisions in practice, including cases of the non-recruitment of candidates deemed to be of unsound moral character, and on court decisions applying this principle. Furthermore, the Committee asks the Government once again:

• (i) to indicate how, in practice, state officials and employees are protected against discrimination in employment and occupation, on the basis of all the grounds covered by the Convention, including colour, religion, national extraction and social origin;
• (ii) to clarify whether the term “opinion”, as used in sections 15 and 105 of Act No. 93-09, covers the concept of political opinion under the Convention; and
• (iii) provide examples of cases or decisions taken by the Disciplinary Council on this subject.

CMNT_TITLE

The Committee notes the comments made by the Free Confederation of Mauritanian Workers (CLTM) in a communication received on 29 August 2013. The CLTM emphasizes that discrimination based on race, colour and origin is a common practice in the country. According to the CLTM, former slaves, who make up 50 per cent of the population, are excluded, marginalized and deprived of decent work, access to public service and to higher political administrative and military positions. It adds that former slaves are denied basic services (schools, health, water) and excluded from economic income-generating activities. It refutes the Government’s claims, to which the Committee refers in its observation, according to which, in the framework of the Programme for the Eradication of the Remnants of Slavery (PESE), former slaves have benefited from opportunities for employment and commercial activities. According to the CLTM, all the beneficiaries of the PESE belong to the Arab community. The CLTM emphasizes that there is no strategy to combat slavery in the country and that the National Agency to Combat Slavery and Poverty and to Promote Insertion, established at the beginning of 2013, has no programme, resources or strategy. Finally, the CLTM reports that former black Mauritanian managers and public employees are still unable to reassert their rights following their expulsion in 1989–90 due to racial discrimination. The Committee also notes the observations of the CLTM and the General Confederation of Workers of Mauritania (CGTM) made in the context of the Forced Labour Convention, 1930 (No. 29). The Committee requests the Government to provide its comments on these observations.

Furthermore, the Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

Article 1 of the Convention. Discrimination on the basis of race, colour, national extraction or social origin. With respect to discriminatory practices in recruitment and occupation to which slaves, former slaves and descendants of slaves are exposed, as raised previously by the Free Confederation of Mauritanian Workers (CLTM), the Committee notes the information provided by the Government on the implementation of the Programme for the Eradication of Remnants of Slavery (PESE). It notes in particular that the PESE has carried out more than 1,000 activities, such as establishing businesses, which have benefited 93,000 persons in the target villages, and that 45,000 casual jobs have been created. The Committee also notes that, in her report published in 2010, the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, refers to a programme started in 2008 by the Ministry of Employment and Vocational Training to provide microcredit to ex slaves so that they can set up small businesses (A/HRC/15/20/Add.2, 24 August 2010, paragraph 77). This report also mentions that former slaves find themselves back in slavery as a result of discrimination, lack of education or vocational training and lack of the means to find an alternative livelihood, or end up in service and manual labour positions in urban areas (A/HRC/15/20/Add.2, paragraphs 36 and 51). On the issue of the continuing existence of slavery and slavery-like practices, the Committee draws the Government’s attention to the Committee’s 2010 observation under the Forced Labour Convention, 1930 (No. 29), in which it highlighted the importance of a global strategy to combat slavery and its vestiges. The Committee considers that, in the context of the global strategy, it is important that measures be taken to address the discriminatory practices, in particular those resulting in former slaves finding themselves back in slavery. The Committee requests the Government to take measures, including in the context of the global strategy, to combat slavery as well as discrimination, especially on the ground of social origin, and the stigmatization to which certain segments of society are exposed, in particular former slaves and descendants of slaves. The Committee requests the Government to provide information on the impact of such measures, as well as regarding the measures taken to improve access to education, vocational training, employment and various occupations. The Committee also requests the Government to supply information on all measures to educate and raise awareness on the issue of equality of opportunity and treatment in employment and occupation, in order to overcome prejudices based on race, colour, national extraction or social origin, and to promote tolerance among workers, employers, their respective organizations and the general public.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO). With regard to the situation of black Mauritanian workers of Senegalese origin who, in terms of their employment, suffered the consequences of the conflict with Senegal in 1989, the Committee is continuing to examine the action taken on the recommendations adopted in 1991 by the Governing Body with regard to a representation made by the National Confederation of Workers of Senegal (CNTS) under article 24 of the ILO Constitution. In this respect, the Committee noted in its previous comment that on 12 November 2007 the Mauritanian Government, the Senegalese Government and the United Nations Office of the High Commissioner for Refugees (UNHCR) signed an agreement on the voluntary return of Mauritanian refugees to Senegal. In its report, the Government indicates that income-generating programmes, linked particularly to livestock farming, setting up businesses and developing cooperatives, have been implemented to benefit the repatriated families. It also states that the census launched in 2010 on state officials and employees who had been victims of the events in 1989 will enable these persons to recover their rights and be fully involved as Mauritanians in the country’s development process. Taking note of these indications, the Committee requests the Government to provide information on the number of victims of the events of 1989 identified as a result of the ongoing census and on the follow-up to this procedure, particularly on the measures taken to:

• (i) reintegrate the persons concerned into the public service or to compensate them as well as their dependants;
• (ii) improve their chances of training and employment in the private sector; and
• (iii) implement the agreement of 2007, through the National Agency to Assist and Integrate Refugees, with respect to employment and occupation.

The Committee also requests the Government to provide information on any measures taken to prevent discrimination against these persons in employment and occupation, particularly when they are recruited.

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

The Committee hopes that the Government will make every effort to take the necessary measures in the near future.

CMNT_TITLE

Equality of opportunity and treatment for men and women. The Committee notes that the Ministry for Social Affairs, Children and Family, in collaboration with the United Nations Development Programme (UNDP), published an in depth study on women’s access to productive resources in December 2009. According to this study, the status of women is still extremely precarious in terms of access to the country’s economic resources and in the sector of remunerated employment. In 2006, only 12.4 per cent of the active population, either working or having worked, were in paid employment, and 78.8 per cent of women were working without being paid. The study noted that there was occupational segregation, both horizontal and vertical, and that women found it difficult to have access to loans and land ownership; it emphasized the sociological obstacles and social prejudices preventing women from working. Noting this information, the Committee requests the Government to indicate the measures taken to promote equality between women and men with respect to access to productive resources, including steps to overcome stereotypes and prejudices regarding women’s capabilities and professional aspirations.

Referring more generally to women’s access to employment, the Committee reiterates its previous comments in which it urged the Government to take appropriate measures to promote women’s access to a wider range of jobs, particularly those traditionally occupied by men, and requested it to provide the following:

• (i) detailed information on the application of these measures and on their impact on women’s employment;
• (ii) statistics on the distribution of women and men in the different economic sectors, categories of employment or occupation and posts;
• (iii) information on the implementation of the “national strategy for the promotion of women” and its impact on the application of the principle of the Convention; and
• (iv) information on the application of strategies to involve women in decision-making envisaged in the “Plan of action for the promotion of human rights” and also on any other initiative relating to the application of the principle of equality of opportunity and treatment for men and women implemented in this context.

Furthermore, the Committee notes that the Government’s report does not contain any information in reply to its comments on the following points.

Article 1(1)(a) of the Convention. Sexual harassment. Referring to its previous comments on the preparation of a legal instrument prohibiting sexual harassment, the Committee had noted the Government’s statement in its previous report to the effect that “sexual harassment is unknown in the customs and traditions of Mauritania”. It had nevertheless noted that the 2007–08 report of the National Committee on Human Rights had emphasized the proliferation of cases of sexual violence against women, and that the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations, had expressed its concern that women’s access to justice was limited by a number of factors such as illiteracy, legal costs and lack of information about their rights (CEDAW/C/MRT/CO/1, 11 June 2007, paragraph 15). Finally, the Committee had noted that the Government wished to receive technical assistance from the Office to prepare a legal instrument prohibiting sexual harassment in employment and occupation. Referring to its general observation of 2002 on sexual harassment, the Committee requests the Government once again to:

• (i) take steps to draw up regulations prohibiting sexual harassment in employment and occupation, and to take the necessary steps to obtain technical assistance from the Office in this regard;
• (ii) provide information on any cases of harassment detected by the labour inspection services or reported to it, and on the follow-up to these cases; and
• (iii) take all necessary measures to promote women’s access to justice, including measures to provide women with a better knowledge of their rights and of the legal procedures available to them.

Article 3(a) Cooperation with the social partners. The Committee requests the Government once again to provide information on the specific activities undertaken by the National Tripartite Council for Labour, Employment and Social Security in order to promote equality of opportunity, and on the measures taken to facilitate dialogue on matters related to non-discrimination in employment and occupation.

Article 3(d). Application of the Convention in the public service. In its previous comment, the Committee noted the Government’s indications that the prohibition on recruiting any person deemed to be of unsound moral character to the post of public official or employee, in accordance with sections 6(2) and 110(2) of Act No. 93-09 of 18 January 1993, applied to candidates who had been convicted of serious offences. The Committee requests the Government once again to provide information on the application of these provisions in practice, including cases of the non-recruitment of candidates deemed to be of unsound moral character, and on court decisions applying this principle. Furthermore, the Committee asks the Government once again:

• (i) to indicate how, in practice, state officials and employees are protected against discrimination in employment and occupation, on the basis of all the grounds covered by the Convention, including colour, religion, national extraction and social origin;
• (ii) to clarify whether the term “opinion”, as used in sections 15 and 105 of Act No. 93-09, covers the concept of political opinion under the Convention; and
• (iii) provide examples of cases or decisions taken by the Disciplinary Council on this subject.

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Article 1 of the Convention. Discrimination on the basis of race, colour, national extraction or social origin. With respect to discriminatory practices in recruitment and occupation to which slaves, former slaves and descendants of slaves are exposed, as raised previously by the Free Confederation of Mauritanian Workers (CLTM), the Committee notes the information provided by the Government on the implementation of the Programme for the Eradication of Remnants of Slavery (PESE). It notes in particular that the PESE has carried out more than 1,000 activities, such as establishing businesses, which have benefited 93,000 persons in the target villages, and that 45,000 casual jobs have been created. The Committee also notes that, in her report published in 2010, the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, refers to a programme started in 2008 by the Ministry of Employment and Vocational Training to provide microcredit to ex slaves so that they can set up small businesses (A/HRC/15/20/Add.2, 24 August 2010, paragraph 77). This report also mentions that former slaves find themselves back in slavery as a result of discrimination, lack of education or vocational training and lack of the means to find an alternative livelihood, or end up in service and manual labour positions in urban areas (ibid., paragraphs 36 and 51). On the issue of the continuing existence of slavery and slavery-like practices, the Committee draws the Government’s attention to the Committee’s 2010 observation under the Forced Labour Convention, 1930 (No. 29), in which it highlighted the importance of a global strategy to combat slavery and its vestiges. The Committee considers that, in the context of the global strategy, it is important that measures be taken to address the discriminatory practices, in particular those resulting in former slaves finding themselves back in slavery. The Committee requests the Government to take measures, including in the context of the global strategy, to combat slavery as well as discrimination, especially on the ground of social origin, and the stigmatization to which certain segments of society are exposed, in particular former slaves and descendants of slaves. The Committee requests the Government to provide information on the impact of such measures, as well as regarding the measures taken to improve access to education, vocational training, employment and various occupations. The Committee also requests the Government to supply information on all measures to educate and raise awareness on the issue of equality of opportunity and treatment in employment, in order to overcome prejudices based on race, colour, national extraction or social origin, and to promote tolerance among workers, employers, their respective organizations and the general public.

Follow-up to the recommendations of the tripartite committee representation made under article 24 of the Constitution of the ILO. With regard to the situation of black Mauritanian workers of Senegalese origin who, in terms of their employment, have suffered the consequences of the conflict with Senegal in 1989, the Committee is continuing to examine the action taken on the recommendations adopted in 1991 by the Governing Body with regard to a representation made by the National Confederation of Workers of Senegal (CNTS) under article 24 of the ILO Constitution. In this respect, the Committee had noted in its previous comment that on 12 November 2007 the Mauritanian Government, the Senegalese Government and the United Nations Office of the High Commissioner for Refugees (UNHCR) had signed an agreement on the voluntary return of Mauritanian refugees to Senegal. In its report, the Government indicates that income-generating programmes, linked particularly to livestock farming, setting up businesses and developing cooperatives, have been implemented to benefit the repatriated families. It also states that the census launched in 2010 on state officials and employees who had been victims of the events in 1989 will enable these persons to recover their rights and be fully involved as Mauritanians in the country’s development process. Taking note of these indications, the Committee requests the Government to provide information on the number of victims of the events of 1989 identified as a result of the ongoing census and on the follow-up to this procedure, particularly on the measures taken to:

• (i) reintegrate the persons concerned into the public service or to compensate them as well as their dependants;
• (ii) improve their chances of training and employment in the private sector; and
• (iii) implement the agreement of 2007, through the National Agency to Assist and Integrate Refugees, with respect to employment and occupation.

The Committee also requests the Government to provide information on any measures taken to prevent discrimination against these persons in employment and occupation, particularly when they are recruited.

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

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Article 1(1)(a) of the Convention. Sexual harassment. With reference to its previous comments concerning the drafting of regulations prohibiting sexual harassment, the Committee notes that no progress has been made in this regard. The Committee notes the Government’s statement to the effect that sexual harassment is unknown in the customs and traditions of Mauritania, whereas the 2007–08 report of the National Committee on Human Rights emphasizes the proliferation of cases of sexual violence against women. The Committee also notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations on the Government’s initial report, expresses its concern that women’s access to justice is limited by a number of factors such as illiteracy, legal costs and lack of information about their rights (CEDAW/C/MRT/CO/1, 11 June 2007, paragraph 15). The Committee also notes that the Government wishes to receive technical assistance from the Office to prepare a legal instrument prohibiting sexual harassment in employment and occupation. Referring the Government to its general observation of 2002 on sexual harassment, the Committee:

(i)    urges the Government to take steps to draw up regulations prohibiting sexual harassment in employment and occupation in accordance with the abovementioned general observation, and also requests it to take the necessary steps to obtain technical assistance from the Office in this regard;

(ii)   urges the Government to take due consideration of the indications contained in the 2002 general observation, and provide the labour inspection services with adequate training to identify and deal with cases of sexual harassment in employment or occupation;

(iii) requests the Government to provide information on any cases of harassment detected by the labour inspection services; and

(iv)  requests the Government to take all necessary measures to promote women’s access to justice, including measures to provide women with full knowledge of their rights and of the legal procedures and remedies available for violations thereof.

Discrimination on the basis of social origin. In its previous comments the Committee noted that section 60 of the Labour Code prohibiting dismissal on discriminatory grounds did not include social origin in those grounds. The Committee notes the Government’s indication to the effect that, despite the formulation of section 60, a dismissal on the basis of the social origin of the worker remains prohibited under the terms of section 395 of the Labour Code, which prohibits any discrimination in employment or occupation, including discrimination on the basis of social origin. The Committee requests the Government to provide information on the practical application of sections 60 and 395 of the Labour Code to cases of discrimination on the basis of social origin, including information on any relevant decision issued by the judicial or administrative authorities.

Article 2. Equality of opportunity and treatment for men and women. While noting the Government’s indication that progress has been made regarding women’s access to the armed and security forces, the Committee notes from the 2007–08 report of the National Committee on Human Rights that gender disparities persist because of lax enforcement of the relevant legal instruments. The Committee also notes that CEDAW, in its concluding observations of 11 June 2007, noted with concern that Mauritania lacks specific measures to eliminate de facto discrimination against women in the area of employment (CEDAW/C/MRT/CO/1, paragraph 37). The Committee also notes that strong stereotypes exist with regard to the role of women in society. The Committee notes from the Government’s report that the Centre for the Training and Promotion of Women offers women training courses in catering, hairdressing, office technology, clothing manufacture and dressmaking, which, according to the Committee, contributes significantly towards the segregation of women to a certain range of jobs. The Committee urges the Government to take appropriate measures to promote women’s access to a wider range of jobs, particularly those traditionally occupied by men, including through a wider choice of training opportunities, and requests it to provide the following information:

(i)    on the application of these measures and their impact on the promotion of the principle of equality of opportunity and treatment for women;

(ii)   statistics on the distribution of women and men in the different economic sectors, categories of employment or occupation and posts;

(iii) on the implementation of the “National strategy for the promotion of women” and its impact on the application of the principle of the Convention; and

(iv)  on the application of strategies to involve women in decision-making contemplated in the “Plan of Action for the promotion of human rights” and also on any other initiative relating to the application of the principle of equality of opportunity and treatment for men and women implemented in this context.

Promotion of equality of opportunity and treatment without distinction on the basis of race, colour, national extraction or social origin. The Committee notes from the report of the National Committee on Human Rights the different initiatives contemplated in the context of the “Plan of Action for the promotion of human rights”. In particular, the Committee notes that this Plan of Action includes an evaluation of human rights policies and legislation, follow-up to the practical application of the Act Criminalizing and Penalties and Practices Similar to Slavery, training of those involved in the area of human rights, particularly judges and lawyers, and awareness raising on these subjects. The Committee requests the Government to supply information on measures aimed at promoting the acceptance and application of the principle of equality of opportunity and treatment without distinction on the basis of race, colour, national extraction or social origin which have been implemented pursuant to the Plan of Action for the promotion of human rights, including information on the acceptance and application of this principle with regard to migrant workers.

Article 3(a). Cooperation with the social partners. While noting the general description of the functions of the National Tripartite Council for Labour, Employment and Social Security, the Committee notes that no information has been supplied with regard to specific activities undertaken by this body. The Committee requests the Government once again to provide information on the specific activities undertaken by the National Tripartite Council for Labour, Employment and Social Security in order to promote equality of opportunity, and on the measures taken to facilitate dialogue on matters related to non-discrimination in employment and occupation.

Article 3(d). Application of the Convention in the public service. The Committee recalls its previous comments concerning the prohibition on recruiting any person deemed to be of unsound moral character to the post of public official or employee, in accordance with sections 6(2) and 110(2) of Act No. 93-09 of 18 January 1993. The Committee notes the Government’s indication that this prohibition applies to candidates who have been convicted of serious offences. The Committee requests the Government to provide information on the application of these provisions in practice, including cases of the non-recruitment of candidates deemed to be of unsound moral character, and on court decisions applying this principle. In the absence of any other previously requested information, the Committee again requests the Government as follows:

(i)    to indicate how, in practice, state officials and employees are protected against discrimination in employment and occupation, on the basis of all the grounds covered by Article 1(1)(a) of the Convention, including colour, religion, national extraction and social origin;

(ii)   provide examples of cases or decisions taken by the Disciplinary Council on this subject; and

(iii) clarify whether the term “opinion”, as used in sections 15 and 105 of Act No. 93-09, covers the concept of political opinion as defined in the Convention.

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Article 1 of the Convention. Discrimination on the basis of race, colour, national extraction or social origin. The Committee recalls the allegations by the Free Confederation of Workers of Mauritania (CLTM) emphasizing discriminatory practices in recruitment, occupation and job classification to which certain Mauritanians, particularly slaves, former slaves or descendants of slaves, are regularly exposed. Further to these allegations, the Committee asked the Government to indicate the specific measures taken to promote access on equal terms to training, employment and occupation for disadvantaged social and ethnic groups, irrespective of their race, colour or social origin. The Committee also expressed the hope of receiving statistics concerning the situation of these workers in the labour market in order to be able to evaluate the impact and progress of the national non-discrimination policy.

The Committee notes the Government’s indication that the labour administration services do not have any statistics based on ethnic origin or race as national policies cover all citizens, without any distinction made on the basis of race, social origin, religion or sex. The Committee also notes from the Government’s report that particular attention is given to the most disadvantaged sections of society in order to ensure their integration in the labour market. In particular, the Committee notes that measures have been taken to promote access to training, employment and occupation, particularly measures to promote literacy, vocational training and further learning. The Committee also notes that, according to the 2007–08 report of the National Committee on Human Rights, unequal access to education and employment, among other things, is causing increasing disparities between citizens. The Committee requests the Government to supply detailed information on the following:

(i)    the disadvantaged social and ethnic groups to which the Government gives particular attention;

(ii)   the resulting measures taken to eliminate any discrimination towards them and promote their access to training, employment and occupation irrespective of race, colour, national extraction or social origin; and

(iii) the number of persons belonging to these groups who have been able to benefit from these initiatives in practice.

Recalling the importance of collecting statistics to evaluate the impact and progress of the Government’s non-discrimination policy and to determine whether it is necessary to take special measures for certain disadvantaged groups, the Committee requests the Government to take the necessary steps to be able to provide such information in its next report.

With regard to the specific situation of slavery and practices similar to slavery which are still continuing today, the Committee notes the adoption on 9 August 2007 of the Act Criminalizing and Penalizing Practices Similar to Slavery. The Committee also notes the setting up of an inter-ministerial committee responsible for formulating a National Strategy to combat the effects of slavery, instituted by Decree No. 115.2006 of 12 October 2006. The Committee asks the Government to provide information on the progress made in adopting the national strategy, and on the measures that have been taken or envisaged in the context of this strategy to improve the training and employment opportunities of former slaves and descendants of slaves and to reduce discriminatory practices against them with respect to employment and occupation. The Committee also requests information on any court decisions concerning the application of the Act Criminalizing Practices Similar to Slavery. Please also provide information regarding the legal procedures and remedies available to disadvantaged men and women of all ethnic groups, in particular the former slaves and their descendants, who consider that they have been discriminated against. The Committee also requests the Government once again to indicate the measures taken or contemplated to ensure that the labour inspectorate is able to prevent such discriminatory practices in an effective manner.

With regard to the situation of black Mauritanian workers of Senegalese origin who, in terms of their employment, have suffered the consequences of the conflict with Senegal in 1989, the Committee continues to examine the action taken on the recommendations adopted in 1991 by the Governing Body with regard to a representation made by the National Confederation of Workers of Senegal (CNTS) under article 24 of the ILO Constitution. The Committee notes from the 2007–08 report of the National Committee on Human Rights that on 12 November 2007 the Mauritanian Government, the Senegalese Government and the Office of the United Nations High Commissioner for Refugees (UNHCR) signed an agreement establishing the legal framework for organizing the return of Mauritanian refugees. The Committee also notes that public discussions have taken place on measures for the integration or reintegration of these refugees and for establishing appropriate mechanisms in this regard. The Committee requests the Government to provide information on the progress made towards the practical application of these initiatives and, in particular, to supply detailed information on the measures taken or contemplated to reintegrate black Mauritanian workers of Senegalese origin into public employment or to compensate them or their dependants for the discrimination suffered following the events of 1989, including information on the number of persons who have benefited from these measures.

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

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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.

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1. Article 1 of the Convention. Discrimination on the basis of race, colour, national extraction and social origin. The Committee recalls the allegations by the Free Confederation of Workers of Mauritania (CLTM) that certain Mauritanians, in particular slaves, former slaves and descendants of slaves, are unpaid or underpaid, and that they do not have equal opportunities in employment due to discriminatory practices in recruitment, occupation and classification. The CLTM further alleges that the system allows public and private establishments to violate the laws on a daily basis with impunity and to discriminate in recruitment on the basis of social origin and political affiliation. The Government responds that the CLTM’s allegations are implausible and that all Mauritanians enjoy the same rights, including the black communities, with regard to access to employment. Noting that the Government does not provide an assessment of  the labour market situation of ethnic minorities, the Committee again asks for information on the active measures taken to promote equal access of disadvantaged social and ethnic groups to training, employment and occupation irrespective of their race, colour or social origin. Further recalling the importance of collecting statistical data to assess the impact and progress of the Government’s non-discrimination policy and to determine the need for special measures to be taken with regard to certain disadvantaged groups, the Committee hopes the Government will be able to provide such information in its next report.

2. The Committee recalls the Government’s statement that there are no disadvantaged ethnic groups in Mauritania because in the past, social stratification and slavery existed in each of the four main ethnic groups (Moors, Pulaar, Soninké and Wolof). Recalling that section 395(2) of the Labour Code of 2004 prohibits discrimination on the basis of social origin and that employers are obliged under section 104 to respect the principle of non-discrimination in recruitment, the Committee reminds the Government that prejudices and preferences based on social origin may still persist even when rigid stratifications in society have disappeared, and that former slaves and their descendants may continue to face discrimination in employment and occupation due to their social origin, as is alleged by the CLTM. The Committee notes the Government’s indication that it has demonstrated good faith in this regard, having accepted the direct contacts mission in 2004 on the Forced Labour Convention, 1930 (No. 29), as well as investigations in 2006. The Committee acknowledges the Government’s cooperation and recalls, in this respect, its adoption of the Strategic Framework on the Fight against Poverty to reduce inequalities and respond to the basic needs of the most deprived. The Committee again asks the Government to provide information on the measures taken or contemplated under this Framework to improve the levels of training and employment as well as the social mobility of the most disadvantaged men and women of all ethnic groups, and in particular the former slaves and their descendants, and to reduce discriminatory practices against them with respect to employment and occupation, and especially recruitment. The Committee also requests the Government to provide information on the measures taken to ensure effective and impartial supervision by the labour inspectorate of discriminatory practices and to guarantee the right of workers to effective legal remedies when they consider they are being discriminated against. It refers in this connection to the comments being made under Convention No. 29 on the strengthening of labour inspection.

3. The Committee continues its follow-up to the recommendations made in 1991 by a committee established by the Governing Body to examine a representation made by the National Confederation of Workers of Senegal (CNTS), under article 24 of the ILO Constitution, alleging failure to apply the Convention, in particular to black Mauritanian workers of Senegalese origin whose employment was adversely affected as a consequence of the conflict with Senegal in 1989. In this context, the Committee is monitoring whether appropriate measures have been implemented to compensate for the harm done to Mauritanian nationals who were subjected to discrimination, by reintegrating such persons into their employment and re-establishing their related rights. The Committee notes the Government’s indication that no judicial or administrative action has ever been taken by these individuals since their problems were resolved, as indicated in previous reports under the Protection of Wages Convention, 1949 (No. 95). Referring to its most recent observation under Convention No. 95, the Committee recalls that despite reassurances on this matter, the Government is still not in a position to supply the slightest concrete element or documented information corroborating its statements. The Committee is therefore bound once more to ask the Government to spare no effort in providing specific details on the measures taken and the number of affected workers who have been inserted in government employment or alternatively provided with compensation, and those who received retirement pensions after the events of 1989.

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

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The Committee notes the information in the Government’s report and the comments submitted by the International Confederation of Free Trade Unions (ICFTU) dated 9 September 2002 concerning the low participation of women in certain economic sectors and in high-level education.

1. Article 1(1)(a) of the Convention. Sexual harassment. Noting that the new Labour Code adopted in 2004 does not include a provision explicitly defining and prohibiting sexual harassment in the workplace, the Committee asks the Government to indicate whether it envisages inserting such a provision in the Labour Code on adopting other legislation on this practice. In the meantime, the Government’s attention is drawn to the general observation of 2002 on this Convention requesting information on how sexual harassment is prohibited and prevented in both the private and public sectors.

2. Prohibition of discrimination. Further to its observation, the Committee notes that section 395(a) and sections 7, 60 and 104 of the Labour Code, read together, provide for protection against discrimination regarding contracts of employment, recruitment and dismissal with respect to all the grounds of the Convention, except for non-discrimination in dismissal on the basis of social origin. It also notes that sections 394 and 395(a) read together indicate that general rules of employment and prohibitions, limitations and priorities of employment concerning certain categories of workers, set by the Council of Ministers, shall be opposed to all discrimination, distinction, exclusion or preference based on all the grounds contained in the Convention. The Committee asks the Government to supply information on the application in practice, including courts decisions, of the abovementioned provisions and 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. Part V of the report form. Practical application. The Committee notes the statement by ICFTU that women’s participation in certain economic sectors and in high-level education remains low. However, it also notes the further progress made in the participation rate of girls in primary (49.1 per cent) and secondary education (43.8 per cent) in 2002-03. While the participation rate of girls in higher education indeed remains low (21.3 per cent in 2001-02) and women are absent in certain vocational training courses (e.g. welding) and predominant in others (e.g. clothing and secretariat) the statistics indicate that women are gradually entering sectors previously reserved for men, such as mechanics and electronics. The Committee also notes with interest the information on the Training Centres for the Promotion of Women and the various activities by the Minister of Education to improve the education and vocational training of women and girls and to eliminate sexist stereotypes on the roles of men and women. It encourages the Government to continue its efforts in this area and to provide information on the further progress made in the participation of girls in higher-level education and their enrolment in education and training in non-traditional occupations. Please also provide information on the progress made in promoting employment mobility of women in non-traditional sectors and occupations.

4. Article 3(a). Cooperation with social partners. Noting the tripartite nature of the National Council of Labour, Employment, Social Security and Vocational Training, please provide information on the manner in which the Council is promoting the acceptance and observance of the national non-discrimination policy.

5. Cooperation with other bodies to implement the policy. The Committee notes with interest the information on the mandate and activities of the State Secretary on the Status of Women (SECF), in particular the development of a National Strategy on the Promotion of Women and the creation of its Follow-up Group on Gender (Groupe de Suivi Genre (GSG)) responsible for gender analysis and gender mainstreaming. Furthermore, the Committee notes that the National Human Rights Commission is implementing employment programmes promoting the insertion of female heads of households and young women without professional qualifications in employment-generating activities. The National Plan on the Promotion and Protection of Human Rights also contributes to the dissemination of women’s rights and addresses the most vulnerable amongst them. The Government is asked to provide copies of the National Strategy on Women and the National Plan on Human Rights and to indicate how the activities carried out under these instruments have affected the promotion of equality of treatment between men and women in employment and occupation. Please also provide information on the manner in which the Human Rights Commission is 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.

6. Article 3(d). Application in the public service. The Committee notes that civil servants are excluded from the application of the new Labour Code of 2004 (section 1(3)). It asks the Government to provide information, including statistics, on how civil servants are protected against discrimination, in law and in practice, in employment and occupation on all the grounds covered by the Convention.

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The Committee notes the Government’s report, received in September 2004. It also notes the comments submitted by the Free Confederation of Mauritanian Workers (CLTM) received in February 2003 and sent to the Government in March 2003, which relate in part to issues covered by Convention No. 111, notably discriminatory practices in recruitment, occupation and classification and the unequal treatment of certain groups of Mauritanians. The International Confederation of Free Trade Unions (ICFTU) also submitted comments, on 9 September 2002, concerning participation of women, and these are being addressed in a direct request. The Committee refers also to its observation on the Forced Labour Convention, 1930 (No. 29), following the direct contacts mission to the country focusing on that Convention, in May 2004.

Article 1 of the Convention. Discrimination on the basis of race,
colour, national extraction, and social origin

1. The Committee notes the allegations by the CLTM that the State has established an arbitrary political and legal system according to which certain Mauritanians, in particular slaves, former slaves and descendant of slaves are excluded from active life and deprived of certain economic and social rights. The CLTM states that they are unpaid or underpaid, and that they do not have equal opportunities in employment due to discriminatory practices in recruitment, occupation and classification. The CLTM further alleges that the labour inspectorate is preventing workers from denouncing discriminatory practices and from bringing legal proceedings against their employers. The system is said to allow public and private establishments to violate the laws on a daily basis without being prosecuted and to discriminate in recruitment on the basis of social origin and political belonging. The Committee notes that these allegations relate closely to the concerns expressed in its previous observation regarding the treatment of former slaves and their descendents and the alleged exclusion and discrimination against some groups of the population, including black communities, in respect to access to employment. In this context, the Committee had requested information, including statistics, on measures taken by the Government to promote equal access of disadvantaged social and ethnic groups to training employment and occupation irrespective of their race, colour, or social origin.

2. The Committee notes that the Government’s report replies to some of the issues raised by the ICFTU and CLTM. It notes the Government’s statement that, in Mauritania, there are no disadvantaged ethnic groups because, in the past, the same social stratification (nobles, professionals or caste groups, tributaries and those held in slavery) existed amongst all of the four main ethnic groups composing Mauritanian society (Moors, Pulaar, Soninké and Wolof), and slavery used to exist within all of these groups. The Government adds that it is taking efforts to improve the conditions of all those living in poverty, who include others in addition to former slaves. The Committee also notes the adoption of the Labour Code of 2004, section 395(2), of which contains the principle of non-discrimination on the basis of race, national extraction, colour, sex, political opinion, religion and social origin, and section 104 of which requires the employer to respect the principle of non-discrimination with respect to recruitment. The Committee recalls that under Convention No. 111, "social origin" is a prohibited ground of discrimination and refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future. It points out that prejudices and preferences based on social origin may still persist even when rigid stratification in society have disappeared, and that former slaves and their descendents may continue to face discrimination in employment and occupation due to their social origin - as they are said to do by the CLTM. Noting that the Strategic Framework on the Fight against Poverty aims to reduce inequalities and to respond to the basic needs of the most deprived, the Committee asks the Government to provide information on the measures taken or contemplated under this Framework to improve the levels of training and employment as well as the social mobility of the most disadvantaged men and women of all ethnic groups, and in particular the former slaves and their descendants, and to reduce discriminatory practices against them with respect to employment and occupation, and especially recruitment. The Committee also requests the Government to provide information on the measures taken to ensure effective and impartial supervision by the labour inspectorate of discriminatory practices and to guarantee the right of workers to institute legal proceedings when they consider they are being discriminated. It refers in this connection to the comments being made under Convention No. 29 on the strengthening of labour inspection.

3. The Committee notes the Government’s statement that it cannot supply any statistics on the impact of its actions targeting the most advantaged layers of society as these concern all citizens irrespective of their ethnic origin. The Committee recalls that in order to assess the impact of any government national non-discrimination policy and to determine the need for taking special measures to promote equality, some indication is needed, be it overall trends in employment and training, on the labour market situation of all groups in society. The Committee urges the Government to provide such information in its next report, to the extent it is available; and to indicate whether assistance is needed in the construction of an adequate statistical system.

Discrimination on the basis of national extraction

4. The Committee continues its follow-up to the recommendations made in 1991 by a committee established by the Governing Body to examine a representation made by the National Confederation of Workers of Senegal (CNTS), under article 24 of the ILO Constitution, alleging failure to apply the Convention, in particular to black Mauritanian workers of Senegalese origin whose employment was adversely affected as a consequence of the conflict with Senegal in 1989. In this context, the Committee is monitoring whether appropriate measures are implemented to compensate for the harm done to Mauritanian nationals who were subjected to discrimination, by reintegrating such persons into their employment and re-establishing their related rights. The Committee notes the Government’s statement that appropriate measures have been taken to reinsert these workers in professional life and to offer retirement pensions to those entitled to them. The Committee is bound to urge the Government once more to provide specific details on the measures taken and the number of affected workers that have been effectively inserted in government employment or alternatively provided with compensation, and those who received retirement pensions after the events of 1989, and on any administrative and legal appeals lodged by those who consider that they have suffered prejudice in these areas.

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

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The Committee notes the report, containing information in reply to its previous direct request.

1. The Committee notes with interest that the Government has continued to improve the educational system, inter alia, through increasing the number of educational establishments, training and recruitment of teachers and the creation of an assistance fund for the enrolment of girls. It notes that further progress has been made in respect to the enrolment rate of girls in schools which reached 83.2 per cent in 1999-2000. According to the Government, girls participate in primary education to the same extent as boys, while at the secondary level 41 per cent of the pupils are girls. In technical and vocational schools the share of female students is currently at one-third. It also notes that in 2001, the adult illiteracy rate (persons over 15 years of age) was at 69.3 per cent for women and at 48.9 per cent for men. The Committee notes that the Government has continued to take promotional measures to encourage the equal participation of girls in education and training, including in scientific and technical fields, and that it will concentrate its activities in areas where tradition continues to have a unfavourable impact on the educational opportunities of girls. In this context, the Committee also notes the adoption of a new Personal Status Code and the Act concerning compulsory basic education which in the Government’s view will be important instruments to promote women’s emancipation and the enjoyment of their human rights. The Government is requested to continue to provide information on the participation of girls and boys in primary and secondary education, but also at the university level of education, as well as on the enrolment of girls in education and training concerning occupations not traditionally considered as being for women.

2. The Committee also asks the Government to provide information on the reform of the centres for the promotion of women (CPF) previously referred to by the Government, and on the activities of the various bodies and institutions involved in promoting equality of women and men in employment and occupation, such as the State Secretariat on the Status of Women and the Human Rights Commission.

3. Please provide information on the manner in which the Government is cooperating with the organizations of workers and employers to improve the application of the Convention.

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1. The Committee continues its follow-up to the recommendations made in 1991 by a committee established by the Governing Body to examine a representation made by the National Confederation of Workers of Senegal (CNTS), under article 24 of the ILO Constitution, alleging failure to apply the Convention, in particular to black Mauritanian workers of Senegalese origin whose employment was adversely affected as a consequence of the conflict with Senegal in 1989. In this context, the Committee is monitoring whether appropriate measures are implemented to compensate for the harm done to Mauritanian nationals who were subjected to discrimination, by reintegrating such persons into their employment and re-establishing their related rights. The Committee recalls that the Government has previously indicated that any worker who can justify any right in connection with his or her former employer has been able to resume the enjoyment of these rights without hindrances and that administrative and legal means of redress are open to all persons who consider that they suffered prejudice in this field. It also recalls that in previous comments the Committee was able to note that a number of workers affected have recovered their rights in respect to retirement pensions. The Committee had requested information including statistics on the number of workers reinstated, wage arrears payments and appeals introduced by these workers. Noting with regret that the Government’s latest report does not contain any new information on this matter, the Committee is thus bound, once again, to reiterate its request to the Government to provide information on the number of affected workers reintegrated in government employment after the event of 1989 and on any administrative and legal appeals lodged who consider that they have suffered prejudice in these areas. It is hoped that the Government takes the necessary measures in the near future. As regards the issue of payment of wage arrears to workers affected, reference is made to the Committee’s comments under Convention No. 95.

2. The Committee recalls its concern over the situation of former slaves and their descendents and that it was previously able to note that the Government had taken some specific political and social measures to promote equal access to employment and training of disadvantaged ethnic groups, in particular groups which had been exposed to slavery prior to its abolition. It also recalls its request to the Government to provide statistical or other information on the participation of disadvantaged ethnic or social groups in training and employment. The Committee notes that the Government once again states that it has no statistical information at its disposal about different categories of civil servants as all Mauritanians enjoy equality before the law irrespective of their race, origin, sex or religion. The Government is also not able to provide any information on specific measures taken or the impact of such measures on improving the training and employment levels of these ethnic groups. The Committee takes note of the concluding observations of the Committee on the Elimination of Racial Discrimination of 20 August 1999 (CERD/C/304/Add.82) concerning alleged exclusion and discrimination against some groups of the population, including black communities, in respect to access to employment. It draws the attention of the Government to the importance of collecting and analysing statistical data and information so as to be able to plot trends and assess the impact of its national non-discrimination policy. The Committee requests the Government to provide information on measures taken or envisaged to promote equal access of disadvantaged social and ethnic groups, including former slaves and their descendants, to training, employment and occupation, irrespective of their race, colour, or social origin, as well as statistical or other information that would enable the Committee to follow the situation in this respect.

The Committee is addressing a request directly to the Government on other points.

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The Committee takes note of the Government's report, which is identical to the previous report, for the period ending 1 September 1997. It therefore feels compelled to reiterate its previous direct request, which read as follows:

1. The Committee notes the two reports prepared by the state secretariat responsible for the status of women relating to the national strategy for the promotion of women, one of which focused on "women and self-employment" and the other on "women, education and training", and which were sent by the Government following the Committee's previous comments. It also notes the information provided by the Government on the major role played by women in the country's informal economic activity, in particular in the sectors of agriculture, arts and crafts, commerce and services.

2. As regards the training of women, the Committee observes that at first, given the high level of illiteracy among the population in general, in its action plan the Government decided to highlight education for all by the year 2000 without any special consideration being given to the situation of women. The Committee notes that this expansion strategy for primary and secondary education has benefited girls, even if the advantages have been greater for boys. Vocational training for women provided by centres for the promotion of women (CPF), or by private institutions, is essentially devoted to the learning of activities traditionally considered as being for women (sewing, weaving, crochet, dyeing, embroidery, typing and so on), without taking account of the needs of the market. The Committee therefore expresses satisfaction at the change in the Government's position in relation to its evaluation of the challenge represented by the school attendance of girls in a developing country and of the awareness of the significant handicap represented by a limited number of active female economic operatives, resulting from their lack of training, in relation to their employment and income prospects. According to the reports provided by the Government, studies have clearly shown that an increase in the level of education of girls had a positive impact on the effectiveness of the development activities undertaken both at an economic and social level. The Committee therefore notes with interest that the 1995-2000 Action Plan makes specific provision for the improved access for, and maintenance of, girls in primary and secondary education (acceptance of all girls of 6 years of age who present themselves, gradual elimination of non-annual enrolment in rural areas, more equitable distribution of school infrastructures, introduction of regulations allowing married girls to rejoin school lessons, an increase of 50 per cent in funding up to secondary-school level, recruitment of female primary-school teachers and assistant primary-school teachers and so on). The Committee observes that as regards technical or higher education and vocational training, few women are present in the disciplines most in demand within the employment market (technical education, engineering, management). It notes, however, that a number of girls are entering disciplines which were previously closed to them (motor mechanics, electrical engineering, electrical construction, civil engineering), although the majority of them are still employed in construction design and information technology. The Committee notes that the Government is envisaging the reform of the CPF and requests it to keep it informed of the progress made in the implementation of this restructuring and of the results obtained, in particular from the point of view of the attendance rate of women, the adaptation of training programmes to labour market openings, and the increase in the level of staff qualifications and of the operational budgets allocated by the State. The Committee also requests the Government to indicate the measures taken or envisaged in order to increase the number of women teachers in the occupational sectors not traditionally considered as being for women.

3. In it previous comments, the Committee noted that the Government had taken specific political and social measures to promote the employment and training of disadvantaged ethnic groups -- in particular the groups which had been exposed to the practice of slavery prior to its abolition. In reply to the Committee's request to obtain statistics on the participation of these groups in the various programmes for the promotion of equality of opportunity and treatment in existence, the Government states that the compilation of statistics relating to a particular social group would be discriminatory. The Committee recognizes that there might be some exceptional circumstances where the gathering of data on one particular group could be perceived as a form of discrimination. However, the Committee has always laid great stress on the importance of governments' obtaining reliable statistics so as to be able to plot trends and assess the impact of their national non-discrimination policy. On the issue of collecting data, the Committee stated in paragraph 248 of its 1988 General Survey on equality in employment and occupation that it is difficult but important to reconcile the need for detailed information so that the best methods of remedying discrimination can be determined, with the need to protect individuals against discriminatory use of such data. The Committee nevertheless requests the Government to indicate how it intends to assess -- without the aid of such data -- the results obtained through its policy for the occupational integration of these population groups, and repeats its request for any details -- even in the form of broad percentages -- on the participation of disadvantaged ethnic groups in the Government's employment and training programmes.

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The Committee takes note of the Government's report, which is identical to the previous report, for the period ending 1 September 1997. It therefore feels compelled to reiterate its previous observation, which read as follows:

The Committee recalls that it is ensuring the follow-up to the recommendations made in 1991 by the Committee established to examine the representation made by the National Confederation of Workers of Senegal (CNTS), under article 24 of the ILO Constitution, alleging failure to apply the Convention, in particular to black Mauritanian workers of Senegalese origin whose employment was adversely affected following the conflict with Senegal in 1989. The Committee is therefore monitoring whether appropriate measures are implemented to compensate for the harm done to the Mauritanian nationals who were subjected to discrimination, by reintegrating such persons into their employment and re-establishing their rights in this area. The Committee is also kept informed of the progress made in the implementation of the decisions adopted in 1993 by the Joint Mauritanian-Senegalese Committee in respect of retirement pensions and wage arrears. The Committee notes with interest that a number of the workers affected by the events of 1989 have recovered their rights in respect of retirement pensions. Since the Government has not replied to the other points raised in its previous observation, the Committee reiterates that it would like the Government to provide: (a) statistics on the number of workers, in particular public servants and state employees, who have been reinstated in their jobs as part of the government programme for the occupational reintegration of the workers who fell victim to the events of 1989; (b) information on any payments of wage arrears made to these workers; and (c) information on the administrative and legal appeals lodged by workers who consider that they suffered prejudice in these areas and, where appropriate, copies of the decisions taken.

The Committee is addressing a direct request to the Government on other points.

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1. The Committee notes the two reports prepared by the state secretariat responsible for the status of women relating to the national strategy for the promotion of women, one of which focused on "women and self-employment" and the other on "women, education and training", and which were sent by the Government following the Committee's previous comments. It also notes the information provided by the Government on the major role played by women in the country's informal economic activity, in particular in the sectors of agriculture, arts and crafts, commerce and services.

2. As regards the training of women, the Committee observes that at first, given the high level of illiteracy among the population in general, in its action plan the Government decided to highlight education for all by the year 2000 without any special consideration being given to the situation of women. The Committee notes that this expansion strategy for primary and secondary education has benefited girls, even if the advantages have been greater for boys. Vocational training for women provided by centres for the promotion of women (CPF), or by private institutions, is essentially devoted to the learning of activities traditionally considered as being for women (sewing, weaving, crochet, dyeing, embroidery, typing and so on), without taking account of the needs of the market. The Committee therefore expresses satisfaction at the change in the Government's position in relation to its evaluation of the challenge represented by the school attendance of girls in a developing country and of the awareness of the significant handicap represented by a limited number of active female economic operatives, resulting from their lack of training, in relation to their employment and income prospects. According to the reports provided by the Government, studies have clearly shown that an increase in the level of education of girls had a positive impact on the effectiveness of the development activities undertaken both at an economic and social level. The Committee therefore notes with interest that the 1995-2000 Action Plan makes specific provision for the improved access for, and maintenance of, girls in primary and secondary education (acceptance of all girls of 6 years of age who present themselves, gradual elimination of non-annual enrolment in rural areas, more equitable distribution of school infrastructures, introduction of regulations allowing married girls to rejoin school lessons, an increase of 50 per cent in funding up to secondary-school level, recruitment of female primary-school teachers and assistant primary-school teachers and so on). The Committee observes that as regards technical or higher education and vocational training, few women are present in the disciplines most in demand within the employment market (technical education, engineering, management). It notes, however, that a number of girls are entering disciplines which were previously closed to them (motor mechanics, electrical engineering, electrical construction, civil engineering), although the majority of them are still employed in construction design and information technology. The Committee notes that the Government is envisaging the reform of the CPF and requests it to keep it informed of the progress made in the implementation of this restructuring and of the results obtained, in particular from the point of view of the attendance rate of women, the adaptation of training programmes to labour market openings, and the increase in the level of staff qualifications and of the operational budgets allocated by the State. The Committee also requests the Government to indicate the measures taken or envisaged in order to increase the number of women teachers in the occupational sectors not traditionally considered as being for women.

3. In it previous comments, the Committee noted that the Government had taken specific political and social measures to promote the employment and training of disadvantaged ethnic groups -- in particular the groups which had been exposed to the practice of slavery prior to its abolition. In reply to the Committee's request to obtain statistics on the participation of these groups in the various programmes for the promotion of equality of opportunity and treatment in existence, the Government states that the compilation of statistics relating to a particular social group would be discriminatory. The Committee recognizes that there might be some exceptional circumstances where the gathering of data on one particular group could be perceived as a form of discrimination. However, the Committee has always laid great stress on the importance of governments' obtaining reliable statistics so as to be able to plot trends and assess the impact of their national non-discrimination policy. On the issue of collecting data, the Committee stated in paragraph 248 of its 1988 General Survey on equality in employment and occupation that it is difficult but important to reconcile the need for detailed information so that the best methods of remedying discrimination can be determined, with the need to protect individuals against discriminatory use of such data. The Committee nevertheless requests the Government to indicate how it intends to assess -- without the aid of such data -- the results obtained through its policy for the occupational integration of these population groups, and repeats its request for any details -- even in the form of broad percentages -- on the participation of disadvantaged ethnic groups in the Government's employment and training programmes.

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1. The Committee recalls that it is ensuring the follow-up to the recommendations made in 1991 by the Committee established to examine the representation made by the National Confederation of Workers of Senegal (CNTS), under article 24 of the ILO Constitution, alleging failure to apply the Convention, in particular to black Mauritanian workers of Senegalese origin whose employment was adversely affected following the conflict with Senegal in 1989. The Committee is therefore monitoring whether appropriate measures are implemented to compensate for the harm done to the Mauritanian nationals who were subjected to discrimination, by reintegrating such persons into their employment and re-establishing their rights in this area. The Committee is also kept informed of the progress made in the implementation of the decisions adopted in 1993 by the Joint Mauritanian-Senegalese Committee in respect of retirement pensions and wage arrears. The Committee notes with interest that a number of the workers affected by the events of 1989 have recovered their rights in respect of retirement pensions. Since the Government has not replied to the other points raised in its previous observation, the Committee reiterates that it would like the Government to provide: (a) statistics on the number of workers, in particular public servants and state employees, who have been reinstated in their jobs as part of the Government programme for the occupational reintegration of the workers who fell victim to the events of 1989; (b) information on any payments of wage arrears made to these workers; and (c) information on the administrative and legal appeals lodged by workers who consider that they suffered prejudice in these areas and, where appropriate, copies of the decisions taken.

2. The Committee is addressing a direct request to the Government on other points.

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The Committee notes the information communicated by the Government in its report.

1. In regard to employment and training for women, the Committee notes in reply to its request for information on positive measures taken or envisaged to facilitate and encourage the access of women to training, particularly vocational and higher training, and access to occupations traditionally reserved for men, that a State Secretariat for Women has been established in order to promote and encourage the emancipation of women. This secretariat plays a major role in laying down social policies for women, taking care of this section of society and promoting its effective integration in the development policy of the country. The Committee asks the Government to send with its next report copies of extracts from the social policy for women laid down by the State Secretariat for Women regarding the promotion of equality of opportunity and treatment in training and employment. Please also provide detailed information on how the aspects of this policy are applied and the results obtained, including statistics on the proportion of women as compared with men who participate in general, vocational and university training and in the various categories and levels of public and private employment.

2. With regard to training and employment of disadvantaged ethnic groups, particularly groups that were subjected to slavery before its abolition, the Committee notes from the report that the Government has taken specific measures in favour of these groups for their integration and social development in society. These are measures of a political nature, such as access for these categories to higher administrative and elected office (ministers, secretaries-general, directors, deputies, senators, etc.) and of a social nature, such as access to school for their children and to literacy and land for adults in urban and rural areas. In order to appreciate progress made in this regard, the Committee requests the Government to attempt to assemble - with the cooperation of organizations of employers and workers and any appropriate body, including the ILO if the Government deems it necessary and requests accordingly. Please also supply with the next report statistical data on participation of these groups, as compared with other groups, in education and training and in public and private employment.

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1. The Committee notes the information supplied by the Government concerning the follow-up given to the recommendations of the Committee established in 1991 to examine the representation alleging failure to apply the Convention, in particular the measures taken in practice to grant adequate compensation to black Mauritanian workers of Senegalese origin whose employment was adversely affected as a result of their being forcibly displaced in 1989 during the conflict with Senegal.

2. The Committee notes the indication that, after normalization of relations between Mauritania and Senegal, tens of thousands of Mauritanians have resumed their work without any risk to their safety or their belongings. As it requested in its previous observation, the Committee asks the Government to provide detailed information, including statistics, on the number of workers, especially public servants and state employees, who have resumed their work under the governmental occupational reintegration programme for workers who were victims of the events of 1989, referred to in previous reports.

3. The Committee also notes from the report that any worker who can justify any right in connection with his or her former employer has been able to resume the enjoyment of these rights without hindrance. The Committee requests the Government to confirm that these rights include retirement pensions and salary arrears in accordance with the decision in November 1993 of the Joint Mauritanian-Senegalese Committee. It requests the Government once again to provide with its next report detailed information, including statistics, so that progress made in implementation of this decision can be judged.

4. Noting from the report that administrative and legal means of redress are open to all persons who consider that they suffered prejudice in this field, the Committee requests the Government to communicate information on any administrative or legal appeals lodged and, if applicable, copies of any decisions relating to the application of the Convention.

5. The Committee is addressing a request directly to the Government on other points.

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1. The Committee notes that, in its report, the Government repeats its previous statement concerning the absence of discrimination in national law and practice concerning employment and training, based on the grounds set out in the Convention, particularly sex and race.

The Committee notes, however, that the report does not contain the information that it has requested for several years on the measures taken - and the results obtained - to promote effective implementation of the national policy established by Articles 2 and 3 of the Convention, and points out that the Government's obligations under the Convention do not stop at the adoption of laws or regulations banning discrimination or establishing equality, but imply the adoption and implementation of a national policy which includes affirmative action to promote equal opportunity and treatment in particular with regard to employment and training.

The Committee therefore trusts that in its next report the Government will provide details of the affirmative measures taken or envisaged, in accordance with the Convention and the national legislation, to facilitate and encourage the access of women and disadvantaged ethnic groups (particularly groups that suffered from the practices of slavery before it was abolished) to vocational training and higher education, and the jobs traditionally reserved for men or other ethnic groups and to supervisory and management posts. In this connection, the Committee refers to paragraphs 166 to 169 (where it specifies the concept of affirmative measures and gives example of their implementation) and paragraph 240 of its 1988 General Survey on equality in employment and occupation, in which it stresses that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or is fully applied, especially when no other details are given on the contents and methods of implementing the national policy on equality of opportunity and treatment in employment and occupation.

2. Noting from the report that the statistical data on the distribution of workers have not yet been updated, the Committee wishes to draw the Government's attention to paragraph 247 of the above-mentioned General Survey in which it indicates that improvement in the means available for compiling information on direct and indirect forms of discrimination based for example on race, colour or sex is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. It therefore again expresses the hope that the Government will provide information with its next report, which gives a clearer indication of the status of women and members of disadvantaged ethnic groups in training and employment, particularly the statistics requested in paragraphs 2 and 4 of its previous direct request.

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1. With reference to its previous observation concerning the implementation of the recommendations of the Committee set up by the ILO Governing Body to examine the representation made under article 24 of the ILO Constitution concerning, in particular, the employment situation of the Mauritanian nationals who were displaced in 1989 during the conflict with Senegal, the Committee notes the information provided by the Government in its brief report.

2. The Committee takes due note of the Government's general indication that anyone providing proof that he or she is of Mauritanian nationality and has held a job in Mauritania has had his or her entitlements re-established. So that it can ascertain the progress made in the implementation of the above-mentioned recommendations of the Governing Body Committee, the Committee asks the Government to provide details of the measures taken in practice to provide adequate compensation to Mauritanian workers whose employment was adversely affected (loss of job, wages, acquired social rights) as a result of being forcibly displaced. It would appreciate in particular detailed information on the measures taken (and the results obtained, backed up by statistical data) to implement the decision taken in November 1993 by the Joint Mauritanian-Senegalese Committee, concerning payment by the bodies responsible of retirement pensions and wages in arrears to the respective nationals of the two countries for the period that has elapsed since April 1989. It also asks the Government to provide detailed information on the implementation of the government programme for the reintegration into the labour market of the workers who suffered as a result of these events and the results obtained, for example, the number of public employees and civil servants who have been reintegrated into the public administration as compared to those who had to leave the country following the events of 1989.

3. The Committee is addressing a request directly to the Government concerning other points.

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With reference to its previous direct requests, the Committee notes the information supplied by the Government in its reports.

1. The Committee notes that the Government states that all general state policy contains measures to encourage equality of opportunity and treatment in respect of employment and occupation, and that all necessary measures are taken in law and in practice to eliminate discrimination in access to vocational training (admission is subject to a test), access to employment and particular occupations, and terms and conditions of employment. The Committee recalls, however, that affirmative action must be taken to create conditions for promoting effective equality of opportunity and treatment in employment or occupation and to eliminate discrimination based on race, colour, sex, religion, political opinion, national extraction and social origin.

The Committee refers to paragraphs 166 to 169 of its General Survey of 1988 on Equality in Employment and Occupation, in which it expands on the notion and content of affirmative measures which set out to eliminate and make good any de facto inequalities in training and employment and to promote equality of opportunity of various social groups which are subject to discrimination, particularly women and disadvantaged ethnic groups. It asks the Government to provide detailed information in its next report on the affirmative measures taken or envisaged to facilitate and encourage the access of women and disadvantaged ethnic groups (particularly groups that were subjected to slavery before it was abolished) to training (particularly vocational and university training) and employment in all sectors of activity and occupations and at all levels of responsibility.

2. The Committee notes the Government's statement that the statistics of the distribution of workers in the various categories of employment will be sent as soon as possible. It again expresses the hope that the Government will be able to provide detailed information with its next report on the results obtained in implementing the above-mentioned affirmative measures, and the measures mentioned in the report to encourage equality of opportunity and treatment and eliminate all forms of discrimination, together with statistics on the distribution of workers by sex and ethnic group in the various categories of the public administration and the private sector.

3. With regard to vocational training, the Committee notes with interest that, according to the report, several vocational training centres have been opened recently, particularly in the regions of Trarza, Guidimakha, Adrar and Assaba. It also notes that the National Office for Employment and Vocational Training has not yet been established but that Directorates for Employment and Vocational Training have been created and are operating normally. Lastly, it notes from the document of the UNDP/ILO project "Développement des ressources humaines et lutte contre la pauvreté", sous-programme "Emploi et formation professionnelle", that a Directorate of Vocational Training has been set up to prepare and implement a national vocational training strategy and organize the coordination of a number of national and regional centres, particularly the Centre for Vocational Training and Retraining (CFPP), the FP centres of Mahadras, the centres for the advancement of women, and the public service-oriented training schools.

4. It asks the Government to provide detailed information with its next report on the affirmative measures taken, indicating the results obtained, to facilitate and encourage the access of women and disadvantaged ethnic groups (particularly groups that were subjected to slavery before its abolition) to vocational training and university education without discrimination based, in particular, on ethnic origin, religion and sex. Furthermore, the Committee notes from the report that the number of students undergoing training is estimated at 300, and asks the Government to provide more precise statistics of the number of students, broken down by sex and ethnic origin, who are registered in the various branches and classes of the above-mentioned national and regional vocational training centres and in higher education establishments and universities.

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The Committee notes the information provided by the Government in its reports in answer to its previous observations, and the discussion that took place at the Conference Committee in 1993.

1. The Committee refers to its previous comments on the implementation of the recommendations of the Committee set up by the ILO Governing Body to examine the representation made by the National Confederation of Workers of Senegal, under article 24 of the ILO Constitution, concerning in particular the measures to be taken by the Government to ensure adequate compensation for Mauritanian nationals whose employment was adversely affected as a result of their being displaced during the conflict with Senegal. The Committee notes the Goverment's statement that, at its November 1993 meeting, the Joint Mauritanian-Senegalese Committee decided that the bodies responsible for payment of pension orders and wages in arrears will receive instructions for settlement of the entitlements of the persons concerned without delay for the period that has elapsed since April 1989.

The Committee asks the Government to provide detailed information in its next report (including statistics) on the measures taken, indicating the results obtained, to implement the decision of the above-mentioned joint committee. It also notes from the report that the persons concerned have access to all legal means of redress to enforce their rights, and asks the Government to indicate the means of redress available to such persons in practice, and the number and nature of the appeals actually lodged with the competent authorities or courts, and to provide copies of the resulting reports and decisions.

2. The Committee also asks the Government to refer to its comments on the application of the Convention which it is making in a direct request.

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The Committee notes with regret that the reports received do not contain the information requested. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full and detailed information on the following points which the Committee has raised in its previous direct requests:

1. The Committee is aware of the fact that the national legislation that it has been able to examine (the Constitution, the Labour Code, legislation respecting the public service and the education systems) does not contain formal discriminatory provisions and that in a number of cases it prohibits discrimination on the grounds enumerated in the Convention. The Committee recalls, however, that in accordance with Articles 2 and 3 of the Convention (which provide that national policy is to be designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and mention various types of measures to be taken for this purpose) the fact of the existence of legal provisions prohibiting discrimination or the absence of discriminatory provisions in national legislation is not sufficient to fully implement the objectives of the instrument; but that it is necessary to take action of a positive nature in order to create a situation in which it is possible to promote effective equality of opportunity and treatment in respect of employment or occupation.

2. The Committee therefore requests the Government to supply in its next report detailed information on the measures taken within the framework of the national policy to promote equality of opportunity and to eliminate discrimination based on race, sex, religion, political opinion and ethnic or social origin with regard to:

(a) access to vocational training;

(b) access to employment and to different occupations; and

(c) terms and conditions of employment.

3. The Committee also wishes to be provided with information on the results obtained from the implementation of this policy and particularly statistics on the distribution of workers (by sex, religion and ethnic group) in the various categories of employment, including the public administration.

4. The Committee also requests the Government, as it has done in its previous comments, to indicate whether the Employment and Vocational Training Office, referred to by the Government in its previous reports, has been set up, and to supply information on the activities of the various vocational training centres and national schools that exist, on the numbers of students attending them and their distribution by sex.

5. The Committee refers to its comments made under Convention No. 29 concerning the abolition of the practice of slavery. It requests the Government, as it did in its previous comments, to supply details on the measures taken with a view to encouraging the equality of opportunity and treatment in respect of vocational training and employment of persons who have been subject to such practices.

The Committee further requests the Government to refer to the observation made on this Convention as regards the representation made under article 24 of the ILO Constitution.

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In its observation of 1991, the Committee noted the recommendations of the Committee set up to examine the representation presented by the National Confederation of Workers of Senegal under article 24 of the ILO Constitution. These recommendations concerned, in particular, measures to determine the nationality of persons displaced from the territory of Mauritania in 1989 and who claim Mauritanian nationality, and reparation for the prejudice suffered by Mauritanian nationals who were displaced. The Governing Body asked the Government to supply, in a report to be sent by 15 October 1991 at the latest, information on the measures taken and on their results, with a view to giving effect to the recommendations of the Governing Body.

The Committee notes that the reports received from the Government in the course of 1992 do not contain the information requested and that the Government confines itself to indicating that negotiations between Senegal and Mauritania have begun with a view to finding a just and lasting solution for both countries to their dispute in 1989.

The Committee also notes that, during a direct contacts mission conducted in May 1992 and concerning the application by Mauritania of certain ILO Conventions, the Government did not provide specific information on the questions raised in the representation, or on the application of the Convention, but promised to gather the information and to transmit it in its future reports which would be detailed. The Committee notes with regret that the Government's last report, received in August 1992, contains no information on the measures that have been taken to give effect to the recommendations of the above-mentioned Committee. It trusts that the Government will provide full information on these matters in its next report.

Furthermore, the Committee repeats its previous comments on the application of the Convention in a request addressed directly to the Government.

REQUESTS The Government is asked to supply full particulars to the Conference at its 80th Session and to report in detail for the period ending 30 June 1993. #REPORT_DATE:30:06:1993

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The Committee notes with regret that no report has been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full and detailed information on the following matters raised in its previous direct request:

1. The Committee is aware of the fact that the national legislation that it has been able to examine (the Constitution, the Labour Code, legislation respecting the public service and the education systems) does not contain formal discriminatory provisions and that in a number of cases it prohibits discrimination on the grounds enumerated in the Convention. The Committee recalls, however, that in accordance with Articles 2 and 3 of the Convention (which provide that national policy is to be designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and mention various types of measures to be taken for this purpose) the fact of the existence of legal provisions prohibiting discrimination or the absence of discriminatory provisions in national legislation is not sufficient to fully implement the objectives of the instrument; but that it is necessary to take action of a positive nature in order to create a situation in which it is possible to promote effective equality of opportunity and treatment in respect of employment or occupation.

2. The Committee therefore requests the Government to supply in its next report detailed information on the measures taken within the framework of the national policy to promote equality of opportunity and to eliminate discrimination based on race, sex, religion, political opinion and ethnic or social origin with regard to:

(a) access to vocational training;

(b) access to employment and to different occupations; and

(c) conditions of employment.

3. The Committee also wishes to be provided with information on the results obtained from the implementation of this policy and particularly statistics on the distribution of workers (by sex, religion and ethnic group) in the various categories of employment, including the public administration.

4. The Committee also requests the Government, as it has done in its previous comments, to indicate whether the Employment and Vocational Training Office, referred to by the Government in its previous reports, has been set up, and to supply information on the activities of the various vocational training centres and national schools that exist, on the numbers of students attending them and their distribution by sex.

5. The Committee refers to its comments made under Convention No. 29 concerning the abolition of the practice of slavery. It requests the Government, as it did in its previous comments, to supply details on the measures taken with a view to encouraging the equality of opportunity and treatment in respect of access to vocational training and employment of persons who have been subject to such practices.

The Committee further requests the Government to refer to the observation made on this Convention as regards the representation made under article 24 of the ILO Constitution.

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The Committee has noted that the Governing Body adopted at its 249th Session (February-March 1991) the report of the committee set up for the examination of the representation made by the National Confederation of Workers of Senegal, under article 24 of the ILO Constitution, and concerning the application of several Conventions by Mauritania.

The Governing Body has asked the Government to supply in its reports on the Conventions concerned, to be submitted not later than 15 October 1991, information on the measures taken and on their results, with a view to giving effect to the recommendations of the Governing Body to enable these questions to be followed up by the Committee of Experts.

The Committee notes that the above recommendations concern questions relating to Conventions Nos. 111 and 122 (measures to determine the nationality of persons displaced from Mauritanian territory in 1989 and who claim Mauritanian nationality and measures towards reparation for the prejudice suffered by Mauritanian nationals who were displaced), to Convention No. 95 (measures for a final settlement of the wages due to the persons concerned) and to Convention No. 118 (measures to have established and ensure the payment of any benefits due to Mauritanian nationals who have left Mauritania).

The Committee trusts that the Government will supply full information on the above questions in its reports to be submitted this year on Conventions Nos. 95, 111, 118 and 122.

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The Committee takes note of the decision of the Governing Body at its 245th Session (February-March 1990) to set up a committee for the examination of a representation submitted under article 24 of the Constitution of the ILO, alleging non-observance by Mauritania of a number of Conventions, including Convention No. 111.

In accordance with its customary practice, the Committee is suspending its comments on the application of the Convention pending the conclusions of this committee.