Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - Mauritania (Ratification: 1961)
Protocol of 2014 to the Forced Labour Convention, 1930 - Mauritania (Ratification: 2016)

In its previous comments, the Committee urged the Government to take all necessary measures to combat slavery and its vestiges effectively, and to provide detailed and specific information on steps taken in this respect. The Committee notes with regret that despite specific requests in this regard, the Government did not provide a report in 2013 and 2014. It takes note of the observations of the Free Confederation of Mauritanian Workers (CLTM) received on 31 August 2014, as well as of the Government’s reply. It also notes the information contained in the report published in August 2014 by the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences (A/HRC/27/53/Add.1).

Articles 1(1), 2(1) and 25 of the Convention. Slavery and slavery-like practices.

• (a) Effective application of the legislation

The Committee recalls that Act No. 2007/48 of 9 August 2007 criminalizing slavery and punishing slavery-like practices (hereinafter: Act of 2007) defines, criminalizes, and penalizes practices similar to slavery and makes a distinction between the crime of slavery and offences relating to slavery. These provisions state, inter alia, that “any person who appropriates the goods, products, and earnings resulting from the labour of any person claimed to be a slave or who forcefully takes that person’s money shall be liable to imprisonment ranging from six months to two years and a fine ranging from 50,000 to 200,000 ouguiyas” (section 6). The Act empowers human rights associations to denounce violations of the Act and to assist victims, with the latter entitled to judicial proceedings that are free of charge (section 15). The Committee noted that although the Act has received considerable publicity with a view to promoting an understanding of the criminal nature of slavery, it would seem, from all the information available, that victims continue to face problems in being heard and asserting their rights with regard to both the relevant authorities responsible for law enforcement and the judicial authorities.

In its observations of 2013, the CLTM considered that the measures accompanying Act of 2007 remained a dead letter and that it was still extremely difficult for victims to bring their cases before the competent administrative and judicial authorities. In this respect, the Committee notes that in her 2014 report, the United Nations Special Rapporteur states that she remains concerned by the low number of judicial proceedings initiated on the basis of the Act of 2007 and stresses the need for institutions and parties concerned to apply the law, without preconceived ideas. The Committee points out that in the annual report of the National Commission of Human Rights of Mauritania (CNDH), published in May 2014 and available on this institution’s website, reference is made to the decision of the High Council of the Judiciary of 30 December 2013 to set up a special court dealing with crimes concerning slavery practices.

The Committee recalls that, under the terms of Article 25 of the Convention, States ratifying the Convention are obliged to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and strictly enforced. It emphasizes that victims of slavery are in a situation of considerable economic and psychological vulnerability which calls for specific action by the State. Pointing out that only one case has led to a court conviction since the adoption of the Act of 2007, the Committee urges the Government to take the appropriate steps to ensure that victims of slavery are actually able to assert their rights, and that when complaints are brought before the administrative or judicial authorities, these authorities conduct investigations promptly, effectively, and impartially throughout the country, as required by the Act of 2007. Taking due note of the decision to establish a special court for examining slavery practices, the Committee hopes that measures will be taken to set up this court as soon as possible and ensure that it has the necessary means of action commensurate with the seriousness of the crimes with which it is concerned. Finally, the Committee asks the Government to indicate the number of cases of slavery reported to the authorities, the number of cases for which an investigation has been conducted, and the number of cases which have resulted in court proceedings.

• (b) Strategy and institutional framework to combat slavery

In its previous comments, the Committee emphasized that the required responses to the complexity of slavery and its various manifestations must form part of a comprehensive strategy covering all spheres of action, including awareness-raising, prevention, specific programmes enabling victims to leave the situation of economic and psychological dependence, reinforcement of the capacity of the authorities responsible for prosecution and for the administration of justice, cooperation with the civil society, and the protection and reintegration of victims. The Committee previously noted the measures taken in the areas of education, health, and the eradication of poverty in the context of the National Plan to Combat the Vestiges of Slavery (PESE) and emphasized the importance of adopting complementary measures targeting populations that are victims or at risk. The CLTM indicated in 2013 that the PESE was diverted from its original objective and did not reach the villages of former slaves.

The Committee notes that the National Agency to Combat the Vestiges of Slavery and to Promote Integration and Poverty Reduction (Tadamoun) was created in March 2013 (Decree No. 048-2013). It notes that the CLTM, in both its observations of 2013 and 2014, considers that Tadamoun does not have the necessary means to act and that, one year after its creation, it has no results to account for in the area of combating the vestiges of slavery. In its reply, the Government states that Tadamoun’s mission is to design and carry out economic and social programmes in the field, by means of projects providing access to drinking water and basic services, and promoting housing and income-generating activities for the most vulnerable sectors of society with a view to curbing inequalities and encouraging social cohesion. Tadamoun is also authorized to denounce infringements to the Act of 2007 and provide assistance to the victims.

The Committee also notes that, according to information contained in the abovementioned reports of the CNDH and the United Nations Special Rapporteur, the Mauritanian authorities have adopted the roadmap for combating the vestiges of slavery in March 2014. This roadmap, prepared with the participation of the public departments concerned and the support of the United Nations High Commissioner for Human Rights, contains 29 recommendations in legal, economic, and social areas, as well as in the sphere of awareness raising. The bodies responsible for implementing each recommendation have been identified and deadlines have been established.

The Committee welcomes the establishment of Tadamoun and the adoption of the roadmap, both of which constitute two important measures to advance efforts to combat slavery in Mauritania. The Committee nevertheless considers that, in order for the roadmap to be an effective driving force to combat the vestiges of slavery, the Government must take appropriate measures to ensure that specific and rapid results may be noted in practice. The Committee trusts that the Government will not fail to provide, in its next report, detailed information on the implementation of the 29 recommendations contained in the roadmap to combat the vestiges of slavery. Noting that recommendations Nos 28 and 29 refer to the establishment of a committee to follow up the measures programmed and to assess them on a regular basis, the Committee requests the Government to indicate whether this committee has been set up and to specify the activities it has conducted. Finally, the Committee recalls the importance of research to enable an overview of the realities of slavery to ensure better planning of Government action and to guarantee that the activities carried out by Tadamoun target all victims and regions concerned, and it asks the Government to indicate the measures taken in this respect.

The Committee notes that, in its report, the CNDH emphasizes that “it is vital to launch programmes raising awareness about the illegality and illegitimacy of slavery and the Act of 2007, involving religious authorities, elected representatives and the civil society at the highest level”. It also recommends that “this awareness raising must be conducted with the effective involvement of the religious authorities, whose positions and opinions on the matter must be unequivocal”. The Committee requests the Government to continue taking measures to make the population and authorities responsible for enforcing the Act aware of the problem of slavery. Please also indicate the measures taken to strengthen the capacities of these authorities to ensure that they are able to better identify and protect victims.

In concluding, the Committee recalls that, in order to be able to evaluate adequately the policy carried out by the Government, it is essential that the Government communicate full and detailed information on this matter in the reports it is bound to submit under the Convention.