Maternity Protection Convention, 1919 (No. 3) - Mauritania (RATIFICATION: 1963)

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Application of the Convention in practice. (i) Nursing breaks. In its previous comments, the Committee noted the observations of the General Confederation of Workers of Mauritania (CGTM) reporting the lack of facilities for nursing due to the absence of rooms for this purpose in enterprises. The Committee also noted that section 163(2) of the Labour Code of 2004 provided for the adoption of specific implementing texts on the provision of nursing rooms in certain enterprises. Noting the absence of such implementing texts, the Committee requested the Government to adopt regulatory measures to give effect in practice to the right to nurse a child. In its report, the Government indicates that consultations are being held concerning the adoption of all the implementing texts under the provisions of the Labour Code. The Committee once again requests the Government to ensure the adoption of all the necessary regulatory and other measures to guarantee the right of all women to at least two breaks of half an hour to nurse their children, as provided for in Article 3(d) of the Convention, and the exercise of this right in practice. The Committee requests the Government to keep it informed of any specific measure adopted or envisaged for this purpose.

(ii) Inspection services. In its previous comments, the Committee noted the observations of the CGTM reporting non-compliance with the Labour Code in most private enterprises due to the lack of supervision by State services and it requested the Government to provide information on the services that are competent to supervise compliance with the national legislation on maternity protection. The Committee notes the Government’s reply indicating that the labour inspectorate is the service competent for supervising compliance with the national laws and regulations respecting maternity protection, in accordance with section 376 of the Labour Code. In this regard, the Committee draws the Government’s attention to its previous comments on the application of the Labour Inspection Convention, 1947 (No. 81), in which it emphasized the importance of ensuring that the labour inspection services have the necessary financial and material resources and of reinforcing the collection and analysis of statistical and administrative data. Recalling the important role of labour inspection in the application of the Convention, the Committee requests the Government to take the necessary measures to ensure compliance by employers with the national legislation on maternity protection and to provide information on any specific measures adopted in this respect. The Committee also requests the Government to provide statistical data on the inspections carried out by labour inspectors, including the number and nature of the violations detected and the penalties imposed.

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Application of the Convention in practice. The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM), received on 1 September 2016, which report non-compliance with the Labour Code by the majority of private enterprises due to the lack of supervision by State services. With reference to the observations made by the Free Confederation of Mauritanian Workers (CLTM) in 2014 with regard to the lack of implementing texts for the Labour Code of 2004, the Committee notes that some provisions of the Labour Code explicitly require the adoption of specific implementing texts. This is the case, in particular, with the obligation to provide a nursing room in certain enterprises (section 162(2)). As the CGTM reports a lack of facilities for nursing due to the absence of rooms for this purpose in enterprises, the Committee requests the Government to adopt regulatory measures to give effect in practice to the right to nurse a child which is recognized both in national law and by the Convention. The Committee further requests the Government to provide information on the services that are competent to supervise compliance with the national legislation on maternity protection, to indicate how this supervision is organized in law and practice, and to provide statistical data on the inspections carried out and the penalties imposed.

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The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM), which were received on 8 September 2015, and the Government’s reply, which was received on 12 October 2015.

Application of the Convention in practice. The Committee notes that, according to the Government’s reports received in March and August 2015, the texts implementing the new Labour Code (Act No. 2004-017 of 2004) have not yet been adopted. It recalls that the Free Confederation of Mauritanian Workers (CLTM), in its observations of August 2014, considered that the absence of texts implementing the Labour Code was at the root of the decline in maternity protection and the increase in the number of pregnant or nursing women exposed to more hazards and serious risks: few employers complied with the law in the absence of any monitoring or penalties for offences. Furthermore, the CGTM indicates that in most private enterprises the provisions relating to the length of maternity leave are not observed where monitoring is non-existent; working women continue to be the victims of discrimination and do not enjoy the rights established by law, often being obliged to give up their employment; nursing women no longer have the possibility of nursing their children in the workplace; and the Government has no policy to support working women who have young children. The Committee notes that the observations of the trade unions show that the application of the Convention in practice is encountering serious difficulties, as it has done for years without any improvement in the situation. The Committee also observes that the Government merely indicates that there is nothing to be said on infringements relating to maternity protection. The Government’s reply contains no specific information regarding the observations made. As regards the scope of the protection provided by maternity insurance, the Committee notes that according to the statistics supplied in the annual report of the National Social Security Fund (CNSS) for 2014, only 371 women in the country have received daily maternity allowances (390 according to the Government’s report), and 284 for 2013. In view of the concerns expressed, the Committee observes that the regulations on the provisions of the Labour Code relating to maternity protection have still not been adopted and that the application of the Convention in Mauritania is a subject of disagreement between the Government and the trade unions. The Committee once again requests the Government, in consultation with the social partners, to review its policy and the actions of the CNSS relating to maternity protection and to report on these matters to the Committee next year. The Committee recalls that the Government is nonetheless bound to give effect to the obligations of the Convention and therefore once again requests specific information on the progress made in implementing these obligations in law. In particular, the Committee requests detailed information on the way in which women’s rights are guaranteed under Article 3(a)–(d) of the Convention.

[The Government is asked to report in detail in 2016.]

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Application of the Convention in practice. The Committee notes the comments of the Free Confederation of Mauritanian Workers (CLTM) received on 28 August 2014, as well as the Government’s reply dated 10 October 2014. The CLTM reiterates that no texts to implement the new Labour Code (Act No. 2004-017 of 2004) have as yet been issued, which is causing numerous difficulties. The CLTM is of the view that the absence of texts implementing the Labour Code is at the root of the decline in maternity protection: few employers comply with the law in the absence of any monitoring or punishment of offences, and the number of pregnant or nursing women exposed to more hazards and serious risks is on the increase. The Committee regrets the delay in the adoption of the implementing texts and its consequences and hopes that they will be adopted in the near future in order to improve maternity protection.

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

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Part V of the report form. Application of the Convention in practice. The Committee notes that in comments received on 29 August 2013, the Free Confederation of Mauritanian Workers (CLTM) indicates that no texts to implement the new Labour Code (Act No. 2004-017 of 2004) have as yet been issued, which is causing numerous difficulties. The CLTM is accordingly of the view that the new legislation is at the root of the decline in maternity protection: few employers comply with the law in the absence of any monitoring or punishment of offences, and the number of pregnant or nursing women exposed to more hazards and serious risks is on the increase. According to the CLTM, the Government has no reliable and credible statistics on breaches of the maternity protection provisions. The Committee trusts that the Government will not fail to reply to the CLTM’s comments and that it will send its report on the application of the Convention for examination by the Committee at its next session.

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The Committee takes note of the adoption of Act No. 2004-017 promulgating the Labour Code which gives effect to the provisions of the Convention. It observes that sections 447 to 450 of the Labour Code provide for penalties, inter alia, for violations in the area of maternity protection. It requests the Government to provide statistics on the number of violations reported and the penalties imposed by virtue of the abovementioned sections, in accordance with Part V of the report form.

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The Committee notes the Government’s report on the application of the Convention and the statistical information relating to the total amount of daily maternity compensation paid in 2001. It would be grateful if the Government would continue to provide such information together with statistics on the number of women workers who received maternity benefits during the period covered by the report and information on the number and nature of the infringements recorded in the practical application of the Convention and, if any, the number and nature of the sanctions imposed.

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With reference to its previous comments, the Committee notes with regret that the Government’s latest report contains no information on the practical application of the Convention. It hopes that the Government will be in a position to provide this information in its next report, in accordance with Part V of the report form adopted by the Governing Body.

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The Committee notes that the Government’s report has not been received. Furthermore, it had noted with regret in its previous comments that the Government limited itself to returning the same report as in 1997. It trusts that in its next report the Government will include full information on the points contained in the previous direct request, which was couched in the following terms:

With reference to its previous comments, the Committee notes the Government’s statement that it hopes that the new system of labour inspection visits will make it possible to obtain information on the application of the Convention in practice. The Committee therefore hopes that the Government’s next report will contain this information as required by Part V of the report form adopted by the Governing Body.

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The Committee notes with regret that the Government limits itself to returning the same report as in 1997. It trusts that in its next report the Government will include full information on the points contained in the previous direct request, which was couched in the following terms:

With reference to its previous comments, the Committee notes the Government's statement that it hopes that the new system of labour inspection visits will make it possible to obtain information on the application of the Convention in practice. The Committee therefore hopes that the Government's next report will contain this information as required by Part V of the report form adopted by the Governing Body.

[The Government is asked to report in detail in 2000.]

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With reference to its previous comments, the Committee notes the Government's statement that it hopes that the new system of labour inspection visits will make it possible to obtain information on the application of the Convention in practice. The Committee therefore hopes that the Government's next report will contain this information as required by point V of the report form adopted by the Governing Body.

[The Government is asked to report in detail in 1999.]

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The Committee would be grateful if the Government would supply information on the effect given to the Convention in practice, including extracts of official reports and statistics, as requested under point V of the report form adopted by the Governing Body.