Regulation of Work in Africa

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====== Mauritania ======

**Region:** Northern Africa  
**Regional Economic Communities (REC):** AMU · CEN-SAD  

→ [[https://iiag.online/locations/mr.html|View IIAG Country Statistics]]

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^ Indicator ^ Data ^
| **Governance (IIAG)** | Overall Governance score: 42.5 / 100 · Rank: 41st / 54 |

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===== PART 1 – HIGH-LEVEL COUNTRY MAPPING =====

==== Institutions and Stakeholder Database ====
(To be linked)

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==== REC Membership ====

  * AMU
  * CEN-SAD

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==== Population size and size of the informal economy ====

Mauritania’s population is estimated at approximately **5.3 million (2025)**.  

The informal economy is highly significant, with approximately **89.4% of the workforce engaged in informal employment**, representing a dominant share of economic activity.

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==== Nature of the legal system and ILO status ====

Mauritania operates a **hybrid legal system**, combining:

  * French civil law traditions  
  * Sharia (Islamic law), constitutionally recognised as a primary source of law  

This creates a dual system where judicial actors are trained across both traditions.

Mauritania has been a member of the **International Labour Organization (ILO) since 1961**.

The **Decent Work Country Programme (DWCP)** focuses on:

  * Youth and women’s employment  
  * Development of key sectors (construction and fisheries)  
  * Strengthening labour inspection systems  

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==== Workers’ rights in human rights system, national labour law / social protection and scope of protection ====

Workers’ rights are recognised in:

  * **Constitution of 1991 (as amended 2012)**  
  * **Labour Code (Act No. 2004-017 of 06 July 2004)**  

These provide for:

  * Freedom of association  
  * Collective bargaining  

However:

  * Restrictions exist on strikes and union activity  
  * Certain sectors (e.g. military) are excluded  
  * Enforcement remains weak  

Mauritania is also bound by regional human rights instruments, including the **African Charter on Human and Peoples’ Rights**, though practical enforcement gaps persist.

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==== Existing laws, policy and regulatory initiatives for the protection of workers in the informal economy ====

Mauritania relies primarily on:

  * Labour Code (2004)  
  * Sector-specific decrees  
  * Social protection mechanisms  

However, **informal workers remain largely outside effective enforcement systems**, despite formal legal inclusion.

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===== PART 2 – SECTOR SPECIFIC REGULATION =====

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==== Domestic Work Sector ====

**Labour Code (2004)**  
Provides general framework for employment relations.

**Decree No. 797/MFPTMA of 18 August 2011**

  * Requires **registered employment contracts** (Art. 3(3))  
  * Enforces **minimum wage compliance** (Art. 6)  
  * Limits working hours to **260 hours/month** with overtime (Arts. 12, 15, 16)  
  * Guarantees **weekly rest** (Art. 17)  
  * Provides **paid leave** (Art. 18)  
  * Requires **registration with social services** (Art. 13)  

Despite regulation, enforcement remains weak, particularly in informal domestic employment.

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==== Street Vendor ====

**Consumer Protection Act (No. 2020/007 of 4 June 2020)**  
Regulates hygiene, product standards, and consumer protection.

**Commercial Code (Act No. 2015-32)**

  * Street vendors are **exempt from formal business registration**  
  * Must obtain a **municipal identification number** (Art. 10 bis)  
  * Registration is:
    * Free  
    * Immediate  
    * Administrative only  

  * Municipalities maintain vendor registers  
  * Officials delaying registration face sanctions (Art. 10 quinquies)  

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==== Waste Reclaiming ====

Waste governance is regulated through:

  * Environmental legislation (early 2000s)  
  * Plastic bag bans  
  * Municipal waste management systems  

Key challenges:

  * Limited municipal capacity  
  * Weak infrastructure  
  * Emerging recycling initiatives and PPP models  

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==== Home working ====

No specific legal framework.

Home work is governed by:

  * Labour Code (2004)  
  * Individual employment contracts  

General protections apply:

  * 40-hour workweek  
  * Paid leave  
  * Minimum wage  

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==== Gig Work and the Platform Economy ====

No specific regulation.

Gig workers are governed by:

  * Labour Code (2004)  
  * General employment principles  

Gaps:

  * No classification framework  
  * No targeted protections for platform workers  

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==== Farm Work ====

Farm workers are covered under general labour law:

  * Minimum wage  
  * Working hours  
  * Social security  

Key issues:

  * Widespread informal labour (tacheronnat system)  
  * Weak enforcement  
  * Child labour prevalence  
  * Persistent forced labour risks  

Land governance is addressed through **Agricultural Land Policy**, but implementation challenges remain.

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==== The Mining Sector and Artisanal Mining ====

**Mining Code (Act No. 2008-011 of 27 April 2008)**

  * Applies to all mining activities (Arts. 2–3)  
  * Covers extraction, processing, and marketing  

Defines **artisanal mining** as:

  * Small-scale quarry operations  
  * Maximum extraction threshold (Art. 81(2))  

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==== Taxi and Transport Sector (Gig-work/platform economy overlap) ====

  * Highly **informal transport sector**  
  * Limited regulatory clarity  
  * Weak fare regulation  

Challenges:

  * Safety risks  
  * Lack of structured oversight  
  * Limited enforcement capacity  

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==== Cross-Border Informal Trade ====

No dedicated legal framework.

However:

  * Policies focus on **formalisation and anti-smuggling**  
  * Participation in **international initiatives (e.g. IOE)**  
  * Efforts to support **small-scale traders**, especially women  

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===== Sources / Links =====

  * IIAG – Mauritania: https://iiag.online/locations/mr.html  
  * Mauritania Labour Code (2004)  
  * Commercial Code (2015)  
  * Mining Code (2008)  
  * Consumer Protection Act (2020)