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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-trade union discrimination and interference. The Committee previously requested the Government to provide its comments in reply to the observations of the International Trade Union Confederation (ITUC) and the Free Confederation of Mauritanian Workers (CLTM), which specifically reported intimidation, pressure and interference by the Government in trade union affairs, and threats and acts of anti-union discrimination. Noting that the Government confines itself to denying the existence of any recurring intimidation or threats, the Committee recalls that the Government is responsible for taking all necessary measures to ensure that the competent authorities conduct the necessary enquiries into the alleged acts of anti-union discrimination and interference, and to take the required remedial measures without delay and apply suitable penalties if the trade union rights recognized in the Convention are found to have been impaired. The Committee requests the Government to provide information on the measures taken in this regard.

Article 4. Right to collective bargaining. In its previous comments, the Committee expressed the firm hope that the necessary measures would be taken without delay by the Government, with a view to amending sections 350–356 of the Labour Code so as to limit recourse to compulsory arbitration, in the event of a collective dispute, to essential services in the strict sense of the term. The Committee notes that the Government confines itself to reiterating that some provisions of the Labour Code will be amended, to bring them into full conformity with the Convention, by the subcommittee responsible for the legislation, which is currently pursuing its work, and that greater attention will be paid to the Articles examined by the Committee of Experts. Recalling once again that compulsory arbitration, in the context of collective bargaining, is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), to essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and to situations of acute national crisis, the Committee trusts that sections 350–356 of the Labour Code will be amended very soon, and expects the Government to provide in its next report detailed information on any specific measures taken in this regard.

Articles 4 and 6. Collective bargaining in the public sector. The Committee previously expressed the firm hope that the necessary measures would be taken without delay by the Government, with a view to adopting the Decree establishing the list of public establishments covered by section 68 of the Labour Code, which provides that, where the personnel of public services, enterprises and establishments is not governed by specific conditions of service set out in legislation or regulations, collective agreements may be concluded in accordance with the provisions applicable to simple collective agreements. The Committee notes that, in its report, the Government does not provide any information on the adoption of this Decree. Recalling once again the importance of ensuring that, in accordance with the Convention, the right to collective bargaining is effectively recognized for all public servants and employees not engaged in the administration of the State, the Committee trusts that the Decree establishing the list of public establishments covered by section 68 of the Labour Code will be adopted in the near future, and expects the Government to provide in its next report detailed information on any specific measures taken in this regard.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements. The Committee also requests the Government to provide information on the measures taken to promote the use of collective bargaining mechanisms. The Committee finally recalls that the Government can avail itself of the technical assistance of the ILO, in order to apply, in law and in practice, the provisions of the Convention in relation to collective bargaining.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 25 July 2017, specifically reporting intimidation, pressure and interference by the Government in trade union affairs. It also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017, which refer in particular to threats and acts of anti-union discrimination, and the Government’s reply to the observations of the ITUC, received on 1 September 2015. The Committee requests the Government to provide its comments in reply to the observations of the ITUC and the CLTM.

Article 4 of the Convention. Right to collective bargaining. In its previous comments, the Committee requested the Government to amend sections 350–356 of the Labour Code so as to limit recourse to compulsory arbitration, in the event of a collective dispute, to essential services in the strict sense of the term. The Committee notes the Government’s indication that some provisions of the Labour Code will be amended, to bring them into full conformity with the Convention, by the subcommittee responsible for social legislation of collective bargaining, which is currently pursuing its work. The Committee also notes the Government’s indication that greater attention will be paid to all of the Articles examined by the Committee of Experts, and that the committee set up to revise the Labour Code, which was established in 2016 and prepared the agenda for the subcommittee, has already identified all of the bottlenecks that may arise with regard to the full exercise of the right to organize. The Committee firmly expects that the necessary measures will be taken without delay by the Government, in full consultation with the social partners, with a view to amending sections 350–356 of the Labour Code. It requests the Government to provide detailed information on any progress made in this regard in its next report.

Article 6. Collective bargaining in the public sector. In its previous direct request, the Committee trusted that the Government would in the near future report the adoption of the Decree establishing the list of public establishments covered by section 68 of the Labour Code, which provides that, where the personnel of public services, enterprises and establishments is not governed by specific conditions of service set out in legislation or regulations, collective agreements may be concluded in accordance with the provisions applicable to simple collective agreements. The Committee notes that the Government’s report does not provide a reply to its previous comments on the adoption of this Decree. The Committee firmly expects that the necessary measures will be taken without delay by the Government, in full consultation with the social partners, with a view to adopting the Decree establishing the list of public establishments covered by section 68 of the Labour Code. It requests the Government to provide detailed information on any progress made in this regard in its next report.

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

The Committee notes the observations of the International Trade Confederation (ITUC), received on 1 September 2015, reporting recurrent threats and intimidation against trade unionists in the mining and ports sectors. The Committee urges the Government to send its comments on this matter. The Committee also notes the observations received on 28 August 2015 from the General Confederation of Workers of Mauritania (CGTM), and the Government’s reply thereto.

Articles 4 and 6 of the Convention. The Committee notes that the Government’s report contains no reply to its previous comments on the need to amend certain provisions of the Labour Code in order to align them with the Convention. The Committee trusts that in the current process to revise the Code, due account will be taken of the points recalled below:

• -Right to collective bargaining. Recalling that compulsory arbitration imposed on the two parties by the authorities leading to a binding award is difficult to reconcile with the principle of free and voluntary negotiation, the Committee requests the Government to amend sections 350–356 of the Labour Code so as to limit recourse to compulsory arbitration, in the event of a collective dispute, to public servants engaged in the administration of the State (Article 6 of the Convention), to essential services in the strict sense, namely services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and to situations of acute national crisis.
• -Collective bargaining in the public sector. In its previous comments, the Committee referred to section 68 of the Labour Code, which states 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”. According to the Code, the list of establishments concerned shall be determined by decree. The Government indicates in its report that the decree in question will be adopted as part of the revision of the general collective labour agreement of 1974. The Committee trusts that the Government will in the near future report the adoption of the decree establishing the list of public establishments affected by section 68 of the Labour Code, to ensure that, in accordance with the Convention, the right to collective bargaining is effectively recognized for all public servants and employees not engaged in the administration of the State, including those that have no specific conditions of service.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations received on 1 September 2014 from the International Trade Union Confederation (ITUC). It also notes the observations of the Free Confederation of Mauritanian Workers (CLTM) received on 31 August 2014, as well as the Government’s comments thereon.

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 comments.

Article 4 of the Convention. Right to collective bargaining. In its previous comments the Committee noted that sections 350–356 of the Labour Code allow the Minister of Labour to impose compulsory arbitration on the parties to collective bargaining. It reminded the Government that compulsory arbitration imposed upon the parties by the government authorities leading to a binding award is difficult to reconcile with the principle of free and voluntary negotiation set out in Article 4. The Committee notes the Government’s indication that account will be taken of its comments by limiting recourse to compulsory arbitration to essential services in the strict sense and that a technical committee composed of labour inspectors had been established to examine the aspects of the Labour Code that need revising. The Committee hopes that the Government will provide information on specific measures to revise the Labour Code with a view to limiting recourse to compulsory arbitration, in case of dispute, to essential services in the strict sense. The Government is also requested to supply the list of essential services.

Article 6. Collective bargaining in the public sector. In its previous comments the Committee referred to section 68 of the Labour Code, which states 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 applicable to “simple” collective agreements. According to the Code, the list of establishments concerned shall be determined by decree. The Committee asked the Government to clarify the exact situation with regard to collective bargaining for personnel in the education sector (including research and training) and in air transport. On that occasion, the Government indicated its willingness to revise the general collective agreement of 13 February 1974 covering the air transport sector and to draw up sectoral agreements. Noting that the Government has not provided any reply to this question in its report, the Committee again requests the Government to take all the necessary steps to ensure, in accordance with the requirements of the Convention, that the right to collective bargaining is clearly established for all public employees and officials not engaged in the administration of the State, explicitly permitting the drawing up of agreements in the education sector and air transport and, more generally, in public establishments. The Government is also requested to send a copy of the decree determining the list of public establishments concerned by section 68 of the Labour Code.

Request for technical assistance. In general, the Committee notes the Government’s indications that the general collective agreement has become obsolete and needs to be updated. The Committee also notes the Government’s request for technical assistance from the Office with regard to amending the abovementioned legal provisions relating to compulsory arbitration and collective bargaining, on the one hand, and with regard to training for the social partners in collective bargaining techniques, on the other. The Committee hopes that this technical assistance will be provided as soon as possible. The Committee requests the Government to indicate any new development in this respect in its next report.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

In its previous comments the Committee noted the observations from the International Trade Union Confederation (ITUC) dated 29 August 2008, which refer to acts of anti-union discrimination. The Committee notes the communication from the ITUC dated 24 August 2010 concerning cases of interference in trade union activities and anti-union dismissals. The Committee requests the Government to send its observations on the ITUC’s comments of 2008 and 2010.

Article 4 of the Convention. Right to collective bargaining. In its previous comments the Committee noted that sections 350–356 of the Labour Code allow the Minister of Labour to impose compulsory arbitration on the parties to collective bargaining. It reminded the Government that compulsory arbitration imposed upon the parties by the government authorities leading to a binding award is difficult to reconcile with the principle of free and voluntary negotiation set out in Article 4. The Committee notes the Government’s indication that account will be taken of its comments by limiting recourse to compulsory arbitration to essential services in the strict sense and that a technical committee composed of labour inspectors had been established to examine the aspects of the Labour Code that need revising. The Committee hopes that the Government’s next report will provide information on specific measures to revise the Labour Code with a view to limiting recourse to compulsory arbitration, in case of dispute, to essential services in the strict sense. The Government is also requested to supply the list of essential services.

Article 6. Collective bargaining in the public sector. In its previous comments the Committee referred to section 68 of the Labour Code, which states 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 applicable to “simple” collective agreements. According to the Code, the list of establishments concerned shall be determined by decree. The Committee asked the Government to clarify the exact situation with regard to collective bargaining for personnel in the education sector (including research and training) and in air transport. On that occasion, the Government indicated its willingness to revise the general collective agreement of 13 February 1974 covering the air transport sector and to draw up sectoral agreements. Noting that the Government has not provided any reply to this question in its report, the Committee again requests the Government to take all the necessary steps to ensure, in accordance with the requirements of the Convention, that the right to collective bargaining is clearly established for all public employees and officials not engaged in the administration of the State, explicitly permitting the drawing up of agreements in the education sector and air transport and, more generally, in public establishments. The Government is also requested to send a copy of the decree determining the list of public establishments concerned by section 68 of the Labour Code.

Request for technical assistance. In general, the Committee notes the Government’s indications that the general collective agreement has become obsolete and needs to be updated. The Committee also notes the Government’s request for technical assistance from the Office with regard to amending the abovementioned legal provisions relating to compulsory arbitration and collective bargaining, on the one hand, and with regard to training for the social partners in collective bargaining techniques, on the other. The Committee hopes that this technical assistance will be provided as soon as possible. The Committee requests the Government to indicate any new development in this respect in its next report.

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

1. The Committee previously requested the Government to send its comments with regard to the observations made by the International Confederation of Free Trade Unions (ICFTU), which referred to anti-union dismissals in a number of companies, the lack of social dialogue in the country and acts of interference by employers in trade union elections. The Government states in its report that there had indeed been collective disputes in the abovementioned establishments but points out that the workers in question were penalized for going on strike without observing the correct procedure and that the labour inspectorate had contributed towards settling all the disputes in question. The Government also denies any act of interference by the employers and indicates that collective bargaining between the social partners under the auspices of the Government has been under way since 24 March 2008. The Committee also notes the observations from the International Trade Union Confederation (ITUC) dated 29 August 2008, which refer to acts of anti-union discrimination. The Committee requests the Government to send its comments on these observations in its next report.

2. Article 4 of the Convention. Right to collective bargaining. In its previous comments, the Committee noted that sections 350 to 356 of the Labour Code allow the Minister of Labour to impose compulsory arbitration on the parties to collective bargaining. It reminded the Government that compulsory arbitration imposed upon the parties by the government authorities leading to a binding award is difficult to reconcile with the principle of free and voluntary negotiation set out in Article 4 and urged the Government to amend the Labour Code so as to eliminate the possibility of compulsory arbitration being imposed unilaterally by the Minister of Labour. Noting the Government’s indication that account has been taken of its comments on this matter in the context of the revision of the Labour Code, the Committee requests the Government to indicate all progress made on limiting recourse to compulsory arbitration, in cases of dispute, to essential services in the strict sense and to supply a copy of any texts adopted in this regard.

3. Article 6. Collective bargaining in the public sector. In its previous comments, the Committee referred to section 68 of the Labour Code, which states 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 applicable to “simple” collective agreements. The list of establishments concerned is determined by decree. It requested the Government to supply a copy of the decree once it had been adopted and to clarify the exact situation with regard to collective bargaining for personnel in the education sector (including research and training) and in air transport. In this regard, the Committee notes that the Government states once again in its report that the decree in question has not yet been adopted and that the air transport sector is covered by the general collective agreement of 13 February 1974. However, the Government states that the general collective agreement is on the point of being revised and also that it is contemplating the drawing up of sectoral agreements. The Committee trusts that the Government will be in a position to indicate in its next report the measures taken to ensure, in accordance with the requirements of the Convention, that the right to collective bargaining is clearly established for all public employees and officials not engaged in the administration of the State, particularly with the adoption of the decree implementing section 68 of the Labour Code explicitly permitting the drawing up of agreements in the education sector and air transport and, more generally, in public establishments.

The Committee notes that the Government requests the Office to continue its technical assistance in this regard and expresses the hope that progress will be noted in the near future.

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

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information contained in the Government’s report. It also notes Act No. 2004-017 of 6 July 2004 issuing the Labour Code.

Articles 1, 2 and 3 of the Convention. In its previous comments, the Committee raised the question of the penalties applicable for acts of anti-union discrimination against workers and acts of interference in workers’ and employers’ organizations by each other.

The Committee notes with satisfaction that acts of anti-union discrimination and interference give rise, under the terms of sections 267 and 435 of the new Labour Code, to damages and sufficiently dissuasive sanctions, including penal sanctions.

Article 4. 1. In its previous comments, the Committee requested the Government to amend section 68 (Book I) which provided that, in the absence of national, regional or local collective agreements or a ministerial order determining the terms and conditions of employment of a specific occupation, a collective agreement covering one or more establishments may only cover the determination of wages and associated benefits, unless otherwise provided by the Minister of Labour. The Committee notes with satisfaction that this provision has been deleted and that section 100 of the new Labour Code provides that the purpose of an enterprise or establishment agreement, in the absence of any other collective agreement, is to determine the conditions of employment, work and social security, as if it consisted of a "simple" collective agreement.

2. (a) The Committee notes that under section 98 of the new Labour Code, a collective agreement covering one or more enterprise or one or more establishment of an enterprise may be concluded between, on the one hand, one or several employers or a group of employers and, on the other, the staff delegates of the enterprise or establishment.

The Committee emphasizes that governments are under the obligation, in accordance with Article 4, to encourage and promote collective bargaining between employers or employers’ organizations and workers’ organizations. The Committee requests the Government to amend section 98 so that collective enterprise or establishment agreements can only be concluded with staff delegates either in the absence of representative trade unions at the level of the enterprise or establishment or, alternatively, if trade unions may jointly participate in the negotiations.

(b) In its previous comments, the Committee requested the Government to indicate the measures adopted or envisaged to ensure that collective disputes are submitted to compulsory arbitration only on the basis of agreement between the two parties. The Committee notes the Government’s indication in its report that, with regard to arbitration, the new Labour Code includes major innovations to shorten the periods for the settlement of disputes, which were previously long, through the introduction of time limits relating to the three stages of the settlement of collective disputes.

However, the Committee notes that sections 350-356 allow the Minister of Labour to impose compulsory arbitration on the parties to collective bargaining. Recalling 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 (see General Survey on freedom of association and collective bargaining, 1994, paragraph 258), the Committee urges the Government to take measures to amend the Labour Code so as to eliminate the possibility of compulsory arbitration being imposed unilaterally by the Minister of Labour.

(c) The Committee once again requests the Government to provide practical information on the general situation with regard to collective bargaining, and particularly the number of collective agreements concluded up to now and the sectors concerned, as well as on any measure adopted to promote collective bargaining.

Article 6. In its previous comments, with reference 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 notes 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 law or regulation, collective agreements may be concluded in accordance with the provisions applicable to "simple" collective agreements. The list of establishments concerned shall be determined by decree.

The Committee requests the Government to indicate the categories of public employees governed by conditions of service set out in specific laws or regulations and covered by section 68 and to provide a copy of the decree, if it has been adopted, referred to by this provision.

With regard to teaching personnel, the Government indicates that there are three independent occupational trade unions in the higher, secondary and primary education sectors, which are covered by collective bargaining in which all issues related to collective agreements, without restriction as to the sector, are discussed. The Committee requests the Government to confirm that trade unions of teachers have the right to participate directly in collective bargaining relating to their members and to conclude collective agreements, and to provide copies of the collective agreements concerned.

Finally, the Committee once again requests the Government: (1) to provide information on the situation of air transport personnel in relation to collective bargaining; and (2) to indicate the number of collective agreements concluded in the public sector, with an indication of the sector and the number of workers covered by these collective agreements.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first report. It also notes the observations forwarded by the International Confederation of Free Trade Unions (ICFTU) and the Free Confederation of Mauritanian Workers (CLTM), and the Government’s reply. Finally, the Committee notes that a new Labour Code is in the process of being adopted. After being approved by the National Labour Council and the Inter-Ministerial Committee, the Labour Code should be adopted during the next parliamentary session. The Committee therefore requests the Government to provide a copy of it.

1. Articles 1 and 2 of the Convention. Protection of workers against acts of anti-union discrimination and protection of workers’ and employers’ organizations against any acts of interference by each other. In its report, the Government indicates that section 26 (Book III) of the Labour Code prohibits acts of anti-union discrimination both at the time of recruitment and during employment. With regard to acts of interference, the Committee notes that this section also prohibits the head of an enterprise or her or his representatives from having recourse to means of exerting pressure either in favour of or against any trade union organization.

In these circumstances, noting that according to the Government any infringement of freedom of association gives rise to penalties for infringements of freedom of labour, the Committee requests the Government to indicate the penalties to which it refers and the acts for which they are applicable, with an indication of the relevant provisions. The Committee trusts that the new Labour Code will maintain the above prohibitions and that they will be combined with sufficiently dissuasive penalties.

Furthermore, the CLTM and the ICFTU, respectively, state that, on the one hand, unionized workers are subject on a daily basis to all kinds of pressure and intimidation and, on the other, trade union leaders hardly benefit from any protection against anti-union discrimination. The ICFTU refers in this respect to the dismissal of four trade union delegates in a public works enterprise following the submission to the management of a list of workers’ claims. The ICFTU also reports that interference by private sector employers in trade union elections is fairly common. The Committee notes that the Government has not replied to the observations made by the two trade union organizations, and it therefore requests it to forward its comments in this respect.

2. Article 4. Promotion of free and voluntary negotiation. The Committee notes that the Government’s report does not provide any information on the application of Article 4 in practice, except for a reference to the general collective agreement of 1974. The Committee notes the CLTM’s indication that the right to collective bargaining is neither respected nor applied and that, for around 40 years, there has been no revision or negotiation of collective agreements. The ICFTU admits that the right to collective bargaining is recognized in law and that collective agreements have been concluded, among others, at the sectoral and national levels, although it adds that this right is subject to excessive restrictions. In its reply to these observations, the Government emphasizes that negotiations are systematically held at the request of a social partner or where the labour situation so requires. Finally, the revision of the general collective agreement of 1974, concluded between the social partners, is dependent on the will of the signatories. Nevertheless, out of a concern to modernize the legal arsenal, the Government is envisaging the revision of this instrument following the adoption of the Labour Code.

Noting that the Government’s report only refers to the conclusion of one collective agreement, the revision of which is envisaged, the Committee requests it to indicate precisely the measures adopted or envisaged to encourage and promote the development and utilization of machinery for the voluntary negotiation of collective agreements between employers’ and workers’ organizations with a view to the regulation of terms and conditions of employment. It also requests it to provide information of a practical nature on the general situation with regard to collective bargaining, and particularly on the number of collective agreements concluded up to now and the sectors covered.

3. The Committee also wishes to draw the Government’s attention to the following provisions of the Labour Code:

-  section 68 (Book I) provides that in the absence of national, regional or local collective agreements or a ministerial order determining the conditions of employment of a specific occupation, a collective accord covering one or more establishments may only cover the determination of wages and their accessories, unless otherwise provided by the Minister of Labour. The Committee considers that a restriction of this nature on the subjects which may be covered by negotiation is contrary to the principle of free and voluntary collective bargaining. It requests the Government to indicate the measures adopted or envisaged to eliminate this restriction, if possible in the future Labour Code;

-  the Committee notes that under the terms of section 40, as amended (Book IV), of the Labour Code, in the case of any collective dispute which has not been resolved in the context of the mediation procedure (after the failure of the conciliation and arbitration procedures envisaged by the collective agreement, and then of the conciliation procedure), the Minister of Labour may decide to submit the dispute to the arbitration procedure, which results in a binding arbitration award. The Committee wishes to emphasize that compulsory arbitration imposed upon the two parties by the Government authorities and which results in a binding award is difficult to reconcile with the principle of free and voluntary negotiation set forth in Article 4 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 258). The Committee requests the Government to indicate the measures adopted or envisaged, if possible in the future Labour Code, to ensure that collective disputes are submitted to arbitration only on the basis of an agreement between the parties.

4. Article 6. Public servants. The Committee notes that, under the terms of section 69 (Book I) of the Labour Code, collective agreements may be concluded in accordance with the Labour Code for the staff of public services, enterprises and establishments who are not governed by specific conditions of service established by laws or regulations. Moreover, Act No. 93-09 of 18 January 1993 issuing the general conditions of service of public servants and contractual State employees applies, on the one hand, to persons appointed to permanent civil employment in State administrations and public establishments of an administrative nature, and who therefore enjoy the status of public servants and, on the other, to officials engaged under contract on behalf of the State or its public establishments of an administrative nature and who therefore have the status of public employees. The Committee notes that Act No. 93-09, while recognizing the right to organize of these categories of workers, does not refer to their right to collective bargaining. However, section 20 indicates that public servants "participate" in the organization and operation of services and the formulation of rules governing their conditions of service through their delegates on the consultative bodies of the public service. Reference is also made to educational and research posts (section 5) and to the managerial and supervisory staff of State schools, universities and training institutions, as well as aerial transport (section 21), although the Committee is not in a position to determine whether the workers concerned have the right to collective bargaining.

The Committee recalls that, under the terms of Article 6, the Convention does not deal with the position of public servants who are understood, in a restrictive manner, to be public servants engaged in the administration of the State (such as officials in ministries and other comparable government bodies, and their auxiliaries). However, other public servants and employees (such as those working in public enterprises or autonomous public institutions) should be able to negotiate collectively their terms and conditions of employment; this is the case, among others, for employees in the education and aerial transport sectors. In the light of the above, the Committee requests the Government to specify the establishments which 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. In particular, the Committee also requests the Government to indicate the number of collective agreements concluded in the public sector and the branches of activity concerned.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the first report on the application of the Convention is due to be submitted in 2003. The Committee notes that the International Confederation of Free Trade Unions (ICFTU) forwarded an observation on the application of the Convention dated 9 September 2002.

The Committee requests the Government to provide its comments on the ICFTU’s observation with its first report.