Documented violations - actual number of cases may be higher
Population:
Capital: Nouakchott
Capital: Nouakchott
The authorities and employers refused to negotiate with trade unions. Attempts to organise workers and protest actions were repressed. As a general rule highly restrictive legislation makes it very difficult for trade unions to function properly.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
Poverty and unemployment remained high despite the country’s mining industry, which accounts for 75% of exports but only 3% of jobs. Nearly one Mauritanian in two lives below the poverty line and agricultural production only meets 25% of domestic needs. In November, as the country marked its 50th anniversary, the President called for better dialogue with the political opposition. Human rights violations are still widespread. The presence of hundreds of thousands of migrants in the country is also a cause for concern. An ambitious partnership between Mauritanian, Senegalese and Malian trade unions to help these migrants continues to develop.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Nouakchott
Capital: Nouakchott
reported violations- 2011
Documented violations - actual number of cases may be higher
Trade union rights in law
Freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
is strictly regulated despite some initial guarantees. Workers are free to form and join trade unions by virtue of the 2004 Labour Code. However, prior authorisation from the government is required to register a union. Only workers’ representatives within companies are protected against anti-union discrimination
anti-union discrimination
Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.
See Guide to the ITUC international trade union rights framework
, and reinstatement for arbitrary dismissals is not available.
Collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is severely circumscribed, since the Ministry for the Civil Service and Labour decides whether or not an organisation may engage in negotiations, and can even participate in the preparation of collective agreements. The head of government also decides how collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is organised at the national level.
Furthermore, although the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is recognised, cumbersome procedures must be exhausted before a legal strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
can be called. Civil service unions must give one month’s notice prior to a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, and all strikes can be declared illegal by the public authorities, without the possibility of appeal. The list of “essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
” is also bloated.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
Les tribunaux de travail n’ont plus la compétence de réintégrer un délégué abusivement licencié mais ordonnent tout simplement des indemnisations.
Anti-Union discrimination:
- >The law does not specifically protect workers from anti-union discrimination.
Protection of trade union leaders is not explicitly provided for in the Labour Code, although it is conferred on workers' representatives within companies. Labour courts are not allowed to overturn decisions and reinstate workers who have been arbitrarily dismissed.
Restrictions
Legal barriers to the establishment of organizations:
- >Prior authorisation or approval by authorities required for the establishment of a union
- Articles 275 and 276 of the Labour Code constitute a breach of freedom of association and the protection of union rights, as they give the government the power to decide whether or not to recognise a trade union, while the Office of the Public Prosecutor has to authorise all trade unions. Unions have no legal status until they receive that authorisation.
Restrictions on trade unions' right to organize their administration:
- >Administrative authorities' power to unilaterally dissolve, suspend or de-register trade union organisations
- A draft law adopted by the government in 2008 makes provision for legal proceedings against leaders of trade union organisations in the event of false statements or views regarded by the authorities as undermining public order. According to the Confédération générale des travailleurs de Mauritanie (CGTM), these provisions could lead to the dissolution of the organisations they are leading.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Armed forces
- >Police
- >Other civil servants and public employees
- >Non-national or migrant workers
- Non-Mauritanian nationals do not have the right to become trade union officials unless, as the Labour Code requires, they have worked in Mauritania and in the profession represented by the trade union, for a period of at least five years.
- >Others categories
- Children cannot be employed in any company, even as apprentices, before the age of 14. However, minors over 16 may join a trade union unless a person exercising parental authority, i.e. their father, mother or guardian, is opposed to this.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
There is a basic lack of collective bargaining, since the CGTM says it is only carried out during periods of conflict. Otherwise, the procedures in place are tightly restricted.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Previous authorisation or approval by authorities required to bargain collectively
- At national level, the head of government decides how collective bargaining is organised. At company level, such authorisation is not required.
- >Absence of recourse to an independent body responsible for declaring whether an organisation may negotiate or not
- The Ministry for the Civil Service and Labour is in charge of deciding whether or not an organisation may engage in negotiations.
Restrictions on the principle of free and voluntary bargaining:
- >Authorities' power to intervene in the preparation of collective agreements
- The Ministry for the Civil Service and Labour is entitled to take part in the preparation of collective agreements.
Provisions undermining the recourse to collective bargaining and his effectiveness:
- >Promotion of individual bargaining as opposed to collective bargaining
- >Absence of appropriate mechanisms to encourage and promote machinery for collective bargaining
Limitations or ban on collective bargaining in certain sectors:
- >Armed forces
- >Police
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
Restrictions
Legal barriers to lawful strike actions:
- >Absence of an independent body responsible for declaring whether a strike is legal or not
- The public authorities may judge the legality or otherwise of a strike, whilst the unions have no right of appeal against that decision.
- >Other excessively complex or time-consuming formalities to call a strike
- In the private sector unions must provide official notification that conciliation procedures have broken down. In addition, a number of quite time-consuming steps have to be followed, failing which the strike is declared illegal.
- >Excessively long prior notice / cooling-off period
- Civil service unions have to give one month's notice before holding a strike. In the private sector the notice period is 10 days.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to type of strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow)
Undue interference by authorities or employers during the course of a strike:
- >Forcible requisitioning of workers strikers (apart from cases in public essential services)
Provisions undermining the recourse to strike actions or their effectiveness:
- >Absence of specific protection for workers involved in lawful strike actions (e.g. against dismissal)
- >Excessive sanctions for damages caused by strike actions
- >Possibility to replace workers during lawful strike actions
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- The Labour Code also restricts strikes in sectors that are not covered by the ILO definition of "essential services".
- >Discretionary determination or excessively long list of "services of public utility" in which a minimum operational service is can be imposed in the event of strikes
- >Undue restrictions for "public servants"
- The right to strike is recognised, except for executive and managerial staff.
- >Unreasonable or discretionary (i.e. without negotiation with social partners or absence of an independent authority in the event of disagreement) determination of the extent of the "minimum service" to be guaranteed during strikes in public services
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Nouakchott
Capital: Nouakchott
reported violations - 2011
Documented violations - actual number of cases may be higher
In practice
Social dialogue at a standstill: Social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
remained virtually non-existent at all levels. The only multi-sector collective agreement dates back to 1974. There are only four sectoral agreements, the most recent of which (for the mining industry) dates back to 1969. In April the four main trade union centres lodged a formal complaint with the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights about their exclusion from social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. forums, where only unions loyal to the government were invited to take part. Both public and private employers will not, in general, negotiate with the trade unions until a dispute breaks out.
See tripartism, ITUC Guide to international trade union rights about their exclusion from social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. forums, where only unions loyal to the government were invited to take part. Both public and private employers will not, in general, negotiate with the trade unions until a dispute breaks out.
Ineffective labour inspection: The enforcement of rights is complicated by the fact that labour inspectors have few means at their disposal and corruption is rife. Some have to cover regions that extend over 6,000 square kilometres, without a telephone or car. Even when a dispute breaks out, labour inspections are limited to voluntary conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation . Taking a case to court does not guarantee that a dispute will be resolved. The procedures for settling disputes have also become increasingly lengthy and complex. The legal environment is such that cases pile up and can be left to collect dust for years before often contradictory rulings are made. Furthermore, if the courts rule against them, employers can ignore the decision with impunity.
See arbitration, mediation . Taking a case to court does not guarantee that a dispute will be resolved. The procedures for settling disputes have also become increasingly lengthy and complex. The legal environment is such that cases pile up and can be left to collect dust for years before often contradictory rulings are made. Furthermore, if the courts rule against them, employers can ignore the decision with impunity.
Interference and relentless anti-union tactics by many employers: In many companies, employers are ruthless with trade union activists, and sometimes do not hesitate to dismiss them with impunity. There is constant interference in trade union affairs. Trade union elections are delayed, manipulated or banned (Macore, Mauritel, Bemop, the Autonomous Port of Nouakchott, etc.) . In the private sector, the increasing use of sub-contracting has weakened the trade union struggle. But multinational companies are also guilty of anti-union tactics. In January, for example, the Free Confederation of Mauritanian Workers (CLTM) denounced the aggressive behaviour of a Coca Cola executive towards his staff, particularly on the grounds of their union membership.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Nouakchott
Capital: Nouakchott
reported violations - 2011
Documented violations - actual number of cases may be higher
Violations
Several demonstrations repressed, many arrests: Many strikes were repressed by the authorities. The most serious incidents took place in Nouakchott in May during a dockers’ protest. Anti-riot police used extreme violence against the demonstrators on several occasions, and many were injured. According to the Free Confederation of Mauritanian Workers (CLTM), 70 dockers were taken in for police questioning during the clashes. On 6 May, police used truncheon blows to disperse Ksar town hall employees. The National Local Authorities’ Workers’ Union (SNTCL) had applied for authorisation for the demonstration several times, in vain. Earlier in the year, on 3 March, elementary teachers who held a sit-in outside the national Education Ministry were violently dispersed by the police. Six primary school teachers were taken for police questioning.
Public service strike repressed: During a general strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike by public service workers on 15, 16 and 17 March, organised by the Workers’ Union of Mauritania (UTM), the General Workers’ Confederation of Mauritania (UTM), the General Workers’ Confederation of Mauritania (CGTM), the Free Confederation of Mauritanian Workers (CLTM) and the National Confederation of Workers of Mauritania (CNTM), several trade unionists were taken for police questioning, and others were summoned to appear before the walis (governors) in a bid to break the movement. This strategy worked in several towns such as Sélibaly (in the Guidimagha region) where the security forces even raided the CGTM’s regional office, which was being used as the headquarters of the striking unions. All the trade unionists in the building were taken to the police station. There were many incidents of pressure and intimidation. And while the trade unions’ demands were obscured or denounced by the official media, the pro-government unions were given full voice. Several strikers faced heavy sanctions.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike by public service workers on 15, 16 and 17 March, organised by the Workers’ Union of Mauritania (UTM), the General Workers’ Confederation of Mauritania (UTM), the General Workers’ Confederation of Mauritania (CGTM), the Free Confederation of Mauritanian Workers (CLTM) and the National Confederation of Workers of Mauritania (CNTM), several trade unionists were taken for police questioning, and others were summoned to appear before the walis (governors) in a bid to break the movement. This strategy worked in several towns such as Sélibaly (in the Guidimagha region) where the security forces even raided the CGTM’s regional office, which was being used as the headquarters of the striking unions. All the trade unionists in the building were taken to the police station. There were many incidents of pressure and intimidation. And while the trade unions’ demands were obscured or denounced by the official media, the pro-government unions were given full voice. Several strikers faced heavy sanctions.
CGTM excluded from delegation to International Labour Conference: The Labour Ministry refused to include a member of the General Workers’ Confederation of Mauritania (CGTM) in the country’s workers’ delegation to the International Labour Conference, in violation of the Labour Code which sets the criteria for representation. It argued, incorrectly, that the national centre was not one of the most representative.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Nouakchott
Capital: Nouakchott
reported violations - 2011
Documented violations - actual number of cases may be higher
Interviews
- Spotlight interview with Moulkheiry Sidiel Moustapha (CGTM-Mauritania)
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Nouakchott
Capital: Nouakchott
reported violations
Documented violations - actual number of cases may be higher