Repatriation of Seamen Convention, 1926 (No. 23) - Mauritania (Ratification: 1963)

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

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Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22 and 23 as “outdated”.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.

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

In order to provide an overview of the issues relating to the application of maritime agreements, the Committee considers it helpful to examine them in a single comment as follows.

The Committee notes the adoption of Act No. 2013-029 of 15 October 2013, establishing the Merchant Navy Code (CMM) which addresses some points raised by the Committee in its previous requests. It also notes the observations of the General Confederation of Workers of Mauritania (CGTM), received on 28 August 2015, relating to the Seamen’s Articles of Agreement Convention, 1926 (No. 22) and the Repatriation of Seamen Convention, 1926 (No. 23). The Committee notes that, according to the CGTM, social dialogue has been interrupted by the Fishing Ministry concerning negotiations regarding the Maritime Convention and workers and trade unions are no longer involved in the implementation and monitoring of the relevant regulations. The CGTM maintains that the social partners are excluded from the negotiations regarding the conclusion of maritime agreements. The Committee notes the Government’s reply to the observations of the CGTM. However, it notes that this reply does not provide clarification on this matter. The Committee requests the Government to provide information in this respect.

Seamen’s Articles of Agreement Convention, 1926 (No. 22.) Article 3(1). Signature of a seafarers’ employment agreement. In its previous request, the Committee requested the Government to indicate the measures taken in order to ensure that the seafarer, and possibly his or her adviser, has the possibility of examining the employment agreement before signing it, and that the seafarer understands its terms, as required by the Convention. In its reply, the Government indicates that section 394(2) of the CMM gives full effect to this provision of the Convention. The new provision of the CMM stipulates that the contract must be signed by the seafarer before departure of the vessel under conditions that allow him or her to examine the clauses unhurriedly and to, where necessary, freely ask and accept advice before signing. The Committee takes note of this information.

Article 6(3)(2). Particulars to be included in the employment agreement. In its previous comments, the Committee noted that the former CMM did not provide for the compulsory inclusion in the seafarers’ employment agreement of the place and date when the agreement was signed and details of annual leave with pay. The Committee notes that the Government’s report does not contain information on this subject and that the new Code does not cover this point. The Committee once again requests the Government to indicate how full effect is given to this provision of the Convention.

Repatriation of Seamen Convention, 1926 (No. 23). Application of the Convention. The Committee notes the observations of the CGTM according to which Mauritanian seafarers are abandoned by foreign shipowners in transit ports. It emphasizes that this situation is due mainly to the type of permits granted by the State and their lack of clarity, as foreign shipowners do not want any on-board monitoring conducted by national seafarers. The Committee requests the Government to provide information in this regard.

Article 5(2). Remuneration. In its previous comment, the Committee noted that previous Act No. 95-009 of 31 January 1995, establishing the CMM, did not contain any provisions to ensure that a seafarer repatriated as a member of a crew is entitled to remuneration for work done during the voyage, as set out by this Article of the Convention. In its reply, the Government indicates that the provisions of the new CMM are in line with the provisions of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes, however, that subsection (8) of the new CMM (sections 460–462) on the issue of repatriation still does not include provisions ensuring that a seafarer be remunerated. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Officers’ Competency Certificates Convention, 1936 (No. 53). Article 3(2). Exceptions. The Committee notes that section 418(1) of the new CMM provides that seafarers can only be employed on board a Mauritanian vessel if they have successfully completed the appropriate vocational training. Paragraph 2 of the section in question provides that, except in cases of force majeure or exceptions granted by the maritime authority, the duties of officers on board commercial vessels can only be performed by seafarers who hold a certificate or qualification in accordance with the International Convention on Standards of Training, Certification, and Watchkeeping (STCW). The Committee once again recalls that exceptions to the provisions of the Convention are only permitted in cases of force majeure and that, therefore, the possibility for the maritime authority to grant exceptions is not in conformity with the Convention. It therefore hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention and that, until then, the maritime authority will not grant such exceptions.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 5(2) of the Convention. Remuneration. The Committee notes that Act No. 95-009 of 31 January 1995 instituting the Merchant Navy Code does not contain any provision ensuring that seafarers repatriated as members of a ship’s crew are entitled to remuneration for work done during the voyage, as required by this Article of the Convention. The Committee requests the Government to state whether such payment is provided for under national legislation and, if so, to indicate the relevant provision.

Article 6. Responsibility of the public authority. The Committee notes that, under section 386 of the aforementioned Act No. 95-009, the cost of repatriating seafarers is covered by the State when they are disembarked to face court action or to serve a sentence. The Committee recalls in this respect that the Convention stipulates that the public authority of the country in which the vessel is registered is responsible for supervising the repatriation of crew members in cases where the Convention applies, whatever may be their nationality and, where necessary, for giving them their expenses in advance. The Committee therefore requests the Government to indicate the laws or regulations that give effect to this provision of the Convention. The Committee further recalls that this Article of the Convention is currently reflected in similar terms in Standard A2.5(5)(a) of the Maritime Labour Convention, 2006 (MLC, 2006). Recalling that Regulation 2.5, Standard A2.5 and Guideline B2.5 of the MLC, 2006, contain the most up-to-date and detailed provisions regarding the repatriation of seafarers, the Committee invites the Government to provide information on any measure that has been taken or is being contemplated to ratify that Convention.

Part V of the report form. Practical application. The Committee requests the Government, in its next report, to provide up-to-date information on the manner in which the Convention is applied, such as statistics on the number of seafarers covered by the Convention, excerpts from official reports and details of any practical problems of implementation that may have been encountered in applying the Convention.