Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

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.