Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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.]