Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Mauritanie

Convention (n° 112) sur l'âge minimum (pêcheurs), 1959 (Ratification: 1963)
Convention (n° 114) sur le contrat d'engagement des pêcheurs, 1959 (Ratification: 1963)

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

Minimum Age (Fishermen) Convention, 1959 (No. 112)

Article 2 of the Convention. Minimum age for admission to work on fishing vessels. The Committee noted that section 413(1) of Act No. 2013-029, issuing the Merchant Shipping Code, prohibits the employment, engagement or work on board a vessel of any person under the age of 16 years. Section 413(2) provides that the maritime authority may authorize persons aged 15 years to work on fishing vessels when they are engaged in vocational training in fishing or performing light work. Section 413(4) provides that the maritime authority may authorize exceptions to Section 413(2), without specifying the minimum permissible age for this exception, where the effective training of fishers in the context of established programmes and schedules would be impaired. The Committee had recalled that Article 2(3) of the Convention authorizes exceptions to the minimum age of 15 years, while setting a permissible limit at 14 years for children employed on board fishing vessels and requested the Government to provide clarifications on the minimum age authorized by section 413(4) of the Merchant Shipping Code. The Committee notes the Government’s reiteration in its report that, while the exception established to the above section does not specify the minimum age authorized, this age is in fact set at 14 years. It adds that this issue will be taken into account in the implementing regulations. Noting that the legislation currently in force does not set an age limit of 14 years for authorized exceptions, the Committee asks the Government to take the necessary measures without further delay to bring its legislation into full conformity with Article 2 of the Convention.

Fishermen's Articles of Agreement Convention, 1959 (No. 114)

Article 6(3). Particulars to be contained in the agreement. In its previous comment, the Committee requested the Government to indicate the measures adopted to give full effect to Article 6 of the Convention, namely regarding the inclusion of the following particulars in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; and (e) the amount of his wages, or the amount of his share and the method of calculating such share. The Committee notes that the new Merchant Marine Code does not set out a list of particulars to be contained in the agreement. In its response, the Government indicates that there have been no changes to the legislation since the adoption of Act No. 2013-029 of 15 October 2013 issuing the Merchant Marine Code. The committee requests the Government to take, without further delay, the necessary measures to bring its legislation fully into conformity with this provision of the Convention.