Solicitud directa (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Mauritania (Ratificación : 1963)

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Observación

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The Committee notes the observations made by the General Confederation of Workers of Mauritania (CGTM) in communications received on 28 August 2015 and 30 August 2016, and the Government’s reply received on 12 October 2015.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. Pointing out that for several years it has stressed the lack of any legislative or other measures to prevent and combat sexual harassment, the Committee notes with regret that yet again there is no information on this matter in the Government’s report. The Committee points out that in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at women’s vulnerability to sexual harassment at work, particularly in domestic work which is not subject to labour inspection. CEDAW furthermore refers to a draft act on violence against women which includes a definition of gender discrimination (CEDAW/C/MRT/CO/2-3, 24 July 2014, paragraphs 12 and 36). The Committee recalls that sexual harassment is a serious manifestation of sex discrimination and that it undermines equality at work by calling into question the integrity, dignity and well-being of workers, and that it damages an enterprise by weakening the bases upon which work relationships are built and by impairing productivity (2012 General Survey on the fundamental Conventions, paragraphs 789–794). The Committee again requests the Government to take the necessary measures, in law and in practice, to define, prevent and prohibit all forms of sexual harassment in employment and occupation against women and men, and to allow the victims to seek legal redress and assert their rights. The Committee also asks the Government to provide information on the content of the draft act on violence against women and on the status of its passage.

Articles 2 and 5. Equality of opportunity and treatment for men and women. Positive measures for women. The Committee recalls the very low participation of women in the labour market, the high proportion of women who work without pay and the marked occupational segregation between men and women. The Committee notes from the CGTM’s comments that some company managers view women “as lacking the biological capacity to be competitive in the labour market” and that they are never hired in certain sectors, such as mines, security and guard services. The CGTM reports more generally that women have difficulty in finding employment and that, in most cases, they are employed in menial work or domestic duties. The Committee further notes that, in its concluding observations, CEDAW draws attention to the high illiteracy rate of women compared with that of men (53 and 33 per cent, respectively); the marginalization of non-Arab and rural girls in the education system; the persistence of factors causing girls to drop out of school, such as early marriage and the engagement of women and girls in domestic tasks; the limited access of girls and women to higher levels of education and the stereotypes associating them with careers in the social disciplines rather than science, mathematics, technology or engineering; the high percentage of women who are self-employed or work in the informal sector, where they are not protected by labour laws and have no social security cover; and the under-representation of women, particularly those from ethnic minorities, in decision-making and senior positions in the public and the private sectors (CEDAW/C/MRT/CO/2-3, paragraphs 34 and 36). The Committee notes the positive measures taken by the Government to recruit and train 50 women in the public service to take up posts of responsibility and two women in higher education, and the entry of women to employment in the legal system, referred to by the Government in its report on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. It further recalls that legislative measures to give effect to the principles of the Convention are important, but not sufficient to achieve its objectives. Effectively responding to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and social values (2012 General Survey, paragraphs 848 and 856). While welcoming the measures taken by the Government to increase women’s participation in employment, the Committee requests the Government to increase its efforts to take further proactive measures to promote gender equality and provide detailed information in this regard, in accordance with Article 3(f) of the Convention. The Government is asked in particular to take appropriate measures to promote women’s access to a broader range of jobs, particularly those traditionally occupied by men, along with measures to promote equal access for men and women to productive resources, including credit and land.

Article 3(a). Cooperation with social partners. The Committee welcomes the information supplied by the Government to the effect that it has sought the views and suggestions of the social partners about the forthcoming revision of the Labour Code and the general collective labour agreement, for which a committee has been set up. Recalling the crucial role of the social partners, the Committee requests the Government to provide information on issues relating to non-discrimination and equality in employment and occupation to be addressed in the course of the revision of the labour law and on the decisions taken.

Article 3(d). Application of the Convention in the public sector. The Committee recalls that Act No. 93-09 of 18 January 1993 issuing the general regulations of public servants and contractual agents of the State prohibits discrimination based on sex, race and opinion. The Committee observes that the Government’s report contains no information on the protection of workers against discrimination in the public sector. The CGTM reports that in some fields of occupation, such as the judiciary, women seldom hold posts requiring highly qualified personnel and that in local civil service authorities, the promotion of women to high-level posts remains the exception, even where women have the same qualifications as men. In its communication of 2016, the CGTM indicates that at present there is discrimination in the civil service in access to certain jobs and certain professions based on language and socio-cultural criteria. It also reports systematic exclusion of certain segments of the youth from several departments of the civil service, particularly defence. The Committee requests the Government to provide its comments on the CGTM’s observations. It once again asks the Government to indicate how, in practice, civil servants and contractual agents of the State are protected against discrimination in employment and occupation based on colour, religion, political opinion, national extraction and social origin, and to specify whether the term “opinion” within the meaning of sections 15 and 105 of Act No. 93-09 includes the notion of political opinion set forth in the Convention.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution). With regard to the situation of black Mauritanian workers of Senegalese origin who, in terms of their employment, suffer the consequences of the conflict with Senegal in 1989, the Committee is pursuing its examination of the action taken by the Government on the recommendations adopted in 1991 by the Governing Body following a representation made under article 24 of the ILO Constitution by the National Confederation of Workers of Senegal (CNTS). The Committee notes that the CGTM presses its allegation that the workers who fell foul of the 1989 events have suffered discrimination since their return as most of them have not recovered their rights (i.e. reinstatement in their posts in the public, semi-public and private sectors, social security coverage and compensation). The Committee notes that, according to the Government, the rights of these workers have been fulfilled, except for a few rare cases of individuals who returned much later and whose situation is being rectified, and the Tadamoun agency is also in charge of the reintegration of these workers. While noting this information, the Committee again requests the Government to provide information on the number of victims of the 1989 events who have been reinstated in employment and the number of those whose situation is being rectified, and on the measures taken or envisaged in their interests.