Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Mauritania

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Mauritania’s overall score is 56.5 out of 100. The overall score for Mauritania is lower than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Mauritania ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1961 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 2001.

Labour Rights Index 2024

56.5/100

LRI Country Score

50/100

Freedom of Association Indicator

10.36 %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

1.63

SDG indicator 8.8.2

4

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

Preamble & §10 of the Constitution of the Islamic Republic of Mauritania, 1991; §153, 266-269 & 271 of the Labour Code of the Islamic Republic of Mauritania, 2004; §76 of the General Child Protection Code, 2018; ITUC Global Rights Index 2024, Mauritania Profile; USDOS CRHRP 2023 (Mauritania)

A,B,C,D

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§65, 68 & 265 of the Labour Code of the Islamic Republic of Mauritania, 2004; ITUC Global Rights Index 2024, Mauritania Profile; USDOS CRHRP 2023 (Mauritania)

A,B

Does the law provide for the right to strike?

No

0

§14 of the Constitution of the Islamic Republic of Mauritania, 1991; §346, 350, 357 & 362 of the Labour Code of the Islamic Republic of Mauritania, 2004; CEACR, C87, Obs. 2021; ITUC Global Rights Index 2024, Mauritania Profile;

B,C,D

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§360, 361, 363, 434 & 445 of the Labour Code of the Islamic Republic of Mauritania, 2004; ITUC Global Rights Index 2024, Mauritania Profile;

B,C,D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: Preamble & §10 of the Constitution of the Islamic Republic of Mauritania, 1991; §153, 266-269 & 271 of the Labour Code of the Islamic Republic of Mauritania, 2004; §76 of the General Child Protection Code, 2018; ITUC Global Rights Index 2024, Mauritania Profile; USDOS CRHRP 2023 (Mauritania)

A : National Law

National Labour Legislation

"The law allowed all workers, except members of police, armed forces, and foreign and migrant workers, to form and join independent unions of their choice at local and national levels and provided for the right to conduct legal strikes and to bargain collectively."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"-Right of workers to establish and join organizations of their own choosing without prior authorization. The Committee requests the Government to take measures to amend section 269 of the Labour Code so as to remove any obstacles that prevent the exercise of the right to organize by minors who have access to the labour market (14 years of age, in accordance with section 153 of the Labour Code), whether as workers or apprentices, without the permission of their parents or guardian being necessary."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Foreign workers may not hold trade union positions, unless, as stipulated in the Labour Code, they have worked for at least five years in Mauritania and in the profession or sector represented by the trade union."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Art 153 Children cannot be employed in any company, even as apprentices, before the age of 14 or if, having exceeded this age, they are still subject to compulsory education. Art 269 Minors aged sixteen can join a union unless opposed by the person vested with paternal authority, the father, mother or guardian. Married women practicing a profession or trade may, without authorization from their husband, join professional unions and participate in their administration or direction under the conditions set out in this title. Art 273. Members responsible for administration or management of a professional union must: -be of Mauritanian nationality or, if they are foreigners, have proof of exercising in the Islamic Republic of Mauritania the profession defended by the union for five consecutive years -be of legal age; - have their legal domicile in Mauritania; - the scope of this mandate and the powers of the agents vis-à-vis third parties; - be members of the union; - have electoral capacity and enjoy their civil rights."

Information

Source: §65, 68 & 265 of the Labour Code of the Islamic Republic of Mauritania, 2004; ITUC Global Rights Index 2024, Mauritania Profile; USDOS CRHRP 2023 (Mauritania)

A : National Law

National Labour Legislation

"The law allowed all workers, except members of police, armed forces, and foreign and migrant workers, to form and join independent unions of their choice at local and national levels and provided for the right to conduct legal strikes and to bargain collectively."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Articles 4 and 6. Collective bargaining in the public sector. The Committee previously expressed the firm hope that the necessary measures would be taken without delay by the Government, with a view to adopting the Decree establishing the list of public establishments covered by section 68 of the Labour Code, which provides that, where the personnel of public services, enterprises and establishments is not governed by specific conditions of service set out in legislation or regulations, collective agreements may be concluded in accordance with the provisions applicable to simple collective agreements. The Committee notes that, in its report, the Government does not provide any information on the adoption of this Decree. Recalling once again the importance of ensuring that, in accordance with the Convention, the right to collective bargaining is effectively recognized for all public servants and employees not engaged in the administration of the State, the Committee trusts that the Decree establishing the list of public establishments covered by section 68 of the Labour Code will be adopted in the near future, and expects the Government to provide in its next report detailed information on any specific measures taken in this regard."

Information

Source: §14 of the Constitution of the Islamic Republic of Mauritania, 1991; §346, 350, 357 & 362 of the Labour Code of the Islamic Republic of Mauritania, 2004; CEACR, C87, Obs. 2021; ITUC Global Rights Index 2024, Mauritania Profile;

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Compulsory arbitration. The Committee requests the Government to take measures to amend section 350 of the Labour Code to ensure that the possibility for the Minister of Labour to have recourse to compulsory arbitration in the event of a collective dispute is limited to cases involving an essential service in the strict sense of the term, that is a service the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and situations of acute national crisis. – Duration of mediation. Recalling that the maximum duration (120 days) of a mediation procedure before a strike may be called, as set out in section 346 of the Labour Code, is excessive, the Committee requests the Government to take measures to amend this provision in order to reduce the maximum duration."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Articles 350 and 362 of the Labor Code allow for compulsory arbitration in cases that go beyond essential services in the strict sense and in situations that cannot be considered as an acute national crisis. The right to strike is recognized, except for executives and managers."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Article 346: Duration of mediation In no case may the mediation phase exceed one hundred twenty days from the date of receipt by the labor director explanations. of the report of deficiency or total or partial non-conciliation drawn up by the conciliator. If, after the above-mentioned period, no report has been drawn up mediation or failure thereof, the president of the commission must transmit the file immediately to the Minister of Labor. Article 350: Ministerial decision to resort to arbitration The Minister of Labor may decide to submit the collective dispute to the arbitration procedure, at any opportunity, taking into account, in particular, the circumstances and repercussions of the conflict if he considers that the strike or lockout is detrimental to the public order or contrary to the general interest."

Information

Source: §360, 361, 363, 434 & 445 of the Labour Code of the Islamic Republic of Mauritania, 2004; ITUC Global Rights Index 2024, Mauritania Profile;

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"– Strike pickets. The Committee recalls that the restrictions imposed on strike pickets and the occupation of premises should be limited to cases in which the action ceases to be peaceful or in which the observance of the right to work of non-strikers or the right of the management to enter the premises of the enterprise is impaired. The Committee therefore requests the Government to take measures to amend section 359 of the Labour Code in order to abolish the prohibition of the peaceful occupation of workplaces or their immediate surroundings, and to ensure that no penal sanctions are imposed against a worker for having carried out a peaceful strike, and that in no case prison sentences are imposed, except in cases of violence against persons or property or other serious breaches of the law, in accordance with the provisions punishing such offences."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Under Articles 434 and 445 of the Labour Code, peaceful occupation of workplaces or their immediate surroundings is punishable by a fine of 20,000 to 80,000 ouguiyas and/or imprisonment for 15 days to 4 months. Strikers may also be summarily dismissed even if the strike is legal (Article 361)."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Article 434: Offenses relating to the designation of staff representatives and the exercise of their functions Is punishable by a fine of twenty thousand ouguiyas (20,000 Um) eighty thousand ouguiyas (80,000 Um) and imprisonment of fifteen days to four months or one of these two penalties only, anyone who has interfered or attempted to undermine the free designation of staff delegates or members of the works consultative committee or the regular exercise of their functions or who has infringes the provisions of articles 125 et seq. and 138. In the event of a repeat offense within three years, the fine will be forty thousand ouguiyas (40,000 Um) to two hundred thousand ouguiyas (200,000 Um). On the third offense within the repeat offense period, the penalty imprisonment will be imposed. Violations may be noted either by inspectors and labor inspectors, or by judicial police officers. Article 445: Offenses relating to the strike Only any striking worker is liable to the penalties provided for in Article 434 or to one of these two penalties: - required in accordance with the provisions of article 360 and the texts taken for its application, has not complied with the requisition order or who, occupying one of the jobs appearing on the list fixed by the decree provided for by the said article, interrupted his work; regardless of this criminal sanction, the said worker may be immediately dismissed without notice or other compensation than, where applicable, compensation for paid vacation; - will have occupied the workplaces or their immediate surroundings of non-peaceful manner."