Mauritania - 2012
Capital: Nouakchott

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 - 2012
Background
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action was stepped up. Young people and workers called for social and economic reforms in a country suspected of selling off its rich mining resources to foreign investors without in any way benefitting everyday life for the local population. Several human rights organisations denounced the authorities’ refusal to recognise the well-entrenched phenomenon of slavery in the country. The national census aggravated racial tensions, raising fears among Mauritania’s black population of even greater discrimination. A series of demonstrations were held in September. One of them led to clashes, in which a young man was shot dead.
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)
Capital: Nouakchott

reported violations- 2012
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
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)
Capital: Nouakchott

reported violations - 2012
In practice
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . The proposed legislation also stipulates that “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 will be restricted to the most representative union most representative union The union which represents the largest number of workers in a bargaining unit. Can be awarded exclusive representation, by which it becomes the sole union authorised to represent the workers for the purpose of collective bargaining. in the occupational sector in question”, which is not currently possible given the inability to hold union elections.
The Confédération générale des travailleurs de Mauritanie (CGTM) denounced the blocking of union elections by public and parastatal institutions as well as many private companies. The CGTM also denounced interference by employers (such as the national water company Société nationale de l’eau or the Mauritanian Securities Services, etc.) promoting alternative lists of candidates affiliated to more malleable or corrupt trade union centres.
Every kind of ruse was used to prevent genuine union representation. For example, when the management at the food manufacturer Mauritanienne des produits alimentaires (MPA) realised that the CGTM was the only union to put forward a list of candidates, it wasted no time in presenting its own list, made up of company executives. On having its list rejected by the Labour Inspectorate, the company was then equally quick to launch a direct attack on two of the three CGTM candidates, firing one and pushing the other one to resign. At Agrineq (public maintenance works), the two CGTM workplace representatives (out of three in total) also faced persecution: one had his wages stopped for two months and the other found himself faced with a dismissal request, on grounds ultimately rejected by the labour inspectorate.
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)
Capital: Nouakchott

reported violations - 2012
Violations
Police arrested Pape Sarr, the workplace representative at the Mauritano-Swiss security firm MSS, in Nouakchott, on 13 May. His union, the CGTM, denounced the employer and a police commissioner from the 4th district for colluding to break a planned 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
. Pare Sarr was immediately released on being taken to the main police station. On 15 May, all the trade union representatives were arrested. This time they were taken to the 4th district police station, to be interrogated about a straightforward briefing note asking the workers to hand in their work gear before the 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
. On 13 June, in Akjoujt, just days after signing a labour agreement, the MSS dismissed the four CGTM representatives and called on a group of thugs to disperse the workers who immediately gathered in front of their workplace to protest against these unfair dismissals. The management retracted the dismissals on 15 June following a 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
meeting.
Another security sector firm, G4S, took reprisals against workers for simply calling on it to implement an agreement concluded between the company and trade unions on 10 July. Faced with silence from G4S, 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
was called, respecting the legally established notice period. Despite the legality of their action, seven strikers employed as surveillance officers at the same bank were penalised by the management, which, for example, ordered that their wages be docked.
Discontent voiced throughout 2011 in the mining town of Zouerate, mainly by subcontracted workers, met with brutal repression.
On 25 April, a spontaneous march leaving from the CGTM offices led to the place des Prières, where security forces reportedly fired live ammunition and tear gas at the crowd. The tension between day workers, their representatives and local subcontracting firms reached a climax in July. On 4 July, the day after 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
notice was filed, the local CGTM coordinator, Mohamedou Ould Nahah, was arrested under false pretences, and held for several hours. Police officers, attempting to break the 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
initiated on 15 July, went to the union office used by subcontract workers in the town centre and impounded Mohamedou Ould Nahah’s vehicle. The following day, the police used unrestrained force to break up a union meeting, hurling tear gas grenades into the premises, injuring several union members, and setting fire to the floor mats. Those injured were, moreover, denied medical attention, as staff at health centres in Zouerate had received orders from the authorities not to provide the strikers with medical care.
On 17 July, the police staged another raid on the union offices, destroying the sign placed above the entrance and attacking the workers. Five unionists were arrested. Three of them were maltreated, being forced to remain face-down on the floor for several hours. That evening, the CGTM coordinator was called in for questioning and his car was impounded once again. The local authorities reiterated the verbal notification given to the CGTM coordinator that the union rally being planned by the confederation to mark its general secretary’s visit to the town would not be permitted.
In November, the Labour Minister met with the various local unions during a visit to the town, except the CGTM. No explanation was given for her refusal to meet the confederation’s local leaders.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action. Some days earlier, on 17 July, the paint and solvents manufacturer Société mauritanienne pour le commerce et l’industrie (SMCI) sacked two women workers, Habi Bâ and Hawa Diaw, for having dared to ask for protective masks before sweeping a room full of chemical products. Habi Bâ had lost a finger tip in an industrial accident a few months earlier. The company had refused to cover her medical expenses. The two women were not declared and were working twelve hours a day for a salary of 22,000 ouguiyas (58 euros).
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)
Capital: Nouakchott
