Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mauritania (Ratification: 2001)

The Committee takes note of the information in the Government’s report. It notes in particular that there are plans to update the general labour agreement and that in the next round of collective bargaining, sectoral agreements may be drawn up.

The Committee also notes the observations of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU) referring to acts of anti-union discrimination (anti-union dismissals at El Majabaat El Koubra Tours (MKT), the National Industrial and Mining Company (SNIM) as well as a subsidiary of the latter), the lack of social dialogue in the country and acts of interference by employers in trade union elections. Noting the advisory bodies mentioned by the Government, the Committee requests the Government to send its comments on these matters in its next report.

Article 4. 1. Right to collective bargaining. In its previous comments, the Committee noted that under section 98 of the new Labour Code, a collective agreement covering one or more enterprises or one or more establishments of an enterprise may be concluded between one or several employers or a group of employers, and the staff delegates of the enterprise or establishment.

The Committee notes that in its report, the Government states that staff delegates are, as a rule, elected on the basis of their membership of trade unions. Each organization puts forward a list of representatives and every trade union draws up its list in the first round of voting. Only if the actual voters account for less than half of the number registered is there a second round of voting, in which event it is possible to vote for lists other than those put forward by the trade unions. The Committee takes note of this information.

2. In its previous comments, the Committee noted that sections 350 to 356 allow the Minister of Labour to impose compulsory arbitration on the parties to collective bargaining. It therefore asked the Government to indicate the measures taken or envisaged to ensure that collective disputes may be referred for compulsory arbitration only if both parties so agree. The Committee notes from the information in the Government’s report that the Minister may decide to resort to arbitration only if the circumstances and repercussions of the dispute are prejudicial to law and order or contrary to the general interest. The Committee is of the view that compulsory arbitration imposed upon the parties by government authorities leading to a binding award is difficult to reconcile with the principle of free and voluntary negotiation as set out in Article 4, and accordingly once again urges the Government to take steps to amend the Labour Code so as to eliminate the possibility of compulsory arbitration being imposed unilaterally by the Minister of Labour. The Committee would remind the Government in this connection that compulsory arbitration is an acceptable means of ending a collective labour dispute when it is at the request of the two parties or when the dispute involves public servants exercising authority in the name of the State or employed in essential services in the strict sense, namely services the interruption of which would endanger the life, personal safety or health of all or part of the population.

Article 6. Collective bargaining in the public sector. In its previous comments, referring to Act No. 93-09 of 18 January 1993 issuing the general conditions of service of public servants and contractual state employees, the Committee requested the Government to specify the establishments that are considered to be public administrative establishments and the exact situation with regard to collective bargaining by personnel in the education sector (including research and training) and in air transport. The Committee noted that the new Labour Code accords the right to collective bargaining to certain categories of personnel in public services, establishments and enterprises. Section 68 of the new Labour Code provides that, where the personnel of public services, enterprises and establishments is not governed by specific conditions of service set out in a law or regulations, collective agreements may be concluded in accordance with the provisions applying to “simple” collective agreements. The list of the establishments is to be determined by decree. The Committee notes in this connection that in its report, the Government states that such a decree has not as yet been adopted. It requests the Government to send a copy of the decree as soon as it has been adopted and hopes that the right to collective bargaining will be clearly established for all public employees and officials not engaged in the administration of the State.

With regard to teaching personnel, the Committee notes the Government’s confirmation that teachers’ trade unions have the right to participate directly in collective bargaining on behalf of their members. With regard to air transport personnel and collective bargaining, the Committee notes that the drafting of sectoral agreements to cover teaching personnel is on the agenda. The Government also indicates that the right to collective bargaining exists in national companies in which the State has a majority share. The Committee requests the Government to send a list of the collective agreements in force in the abovementioned sectors.

The Committee notes that the Government is seeking technical assistance from the Office and hopes that progress will be noted in the near future.