Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Mauritania

Seamen's Articles of Agreement Convention, 1926 (No. 22) (Ratification: 1963)
Repatriation of Seamen Convention, 1926 (No. 23) (Ratification: 1963)

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22 and 23 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos 22 and 23 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006, among the countries still bound by Conventions Nos 22 and 23. The Committee therefore requests the Government to consider ratifying the MLC, 2006, and reminds it that it may avail itself of the technical assistance of the Office.

In order to give an overview of the issues relating to the application of the maritime Conventions ratified by Mauritania, the Committee deems it appropriate to examine them in a single comment, as set out below.

Referring to its previous comment on the observations of the General Confederation of Workers of Mauritania (CGTM), received on 28 August 2015, in relation to Conventions Nos 22 and 23, the Committee notes the Government’s indication that social dialogue has been reopened in the fishing sector, resulting in the conclusion of a new maritime collective agreement and the adoption of a new pay scale for seafarers. It also notes that the Ministry of Fishing and Maritime Economy is planning to begin social dialogue in the near future in order to strengthen the legal framework in the fishing sector. The Committee takes due note of this development and requests the Government to provide a copy of the recently concluded collective agreement.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Article 6(3)(2). Particulars to be included in the employment agreement. Noting that the Government has not provided information on the elements that must be included in the employment contract, including the place at which and date on which the agreement was completed and details regarding the paid annual leave, the Committee reiterates its previous comment and requests the Government to adopt the necessary measures to give full effect to these requirements of the Convention.

Repatriation of Seamen Convention, 1926 (No. 23)

Application of the Convention. The Committee requested the Government to provide information regarding the observations of the CGTM according to which Mauritanian seafarers are abandoned by foreign shipowners in transit ports, due mainly to the type of permits granted by the State and their lack of clarity. The Committee notes the Government’s indication that the assertions of the CGTM are unfounded, as the provisions of the Convention are applied correctly. The Committee requests the Government to provide information on any abandonments affecting Mauritanian seafarers indicating, where relevant, the flag State of the ship concerned.

Article 5, paragraph 2. Remuneration. Referring to its previous comment, the Committee notes the Government's indication that the seafarer's right to remuneration for work performed during repatriation will be taken into account at the forthcoming tripartite social dialogue sessions on the Maritime Collective Agreement with a view to its incorporation into the relevant regulatory framework. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention and to provide a copy of the Collective Agreement once adopted.