Observación (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Mauritania (Ratificación : 1961)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - Mauritania (Ratificación : 2016)

The Committee notes that no report has been received from the Government.

The Committee has, however, taken note of the declaration of the Employers' and Workers' members in the Conference Committee in 1989 concerning the application of the Convention in Mauritania. The Employers' members recalled that the question of the elimination of slavery had been a source of problems for many years and stated that the Committee of Experts had noted with regret that the necessary measures had not yet been taken to implement the law abolishing slavery; they indicated that they failed to be convinced that slavery was no longer practised. The Workers' members associated themselves with the Employers' members' statement.

1. Abolition of slavery. In its previous comments, the Committee referred to the Declaration of 5 July 1980 proclaiming the abolition of slavery and to Ordinance No. 81-234 of 9 November 1981 to abolish slavery. It noted that under the terms of the provisions of the Ordinance, the abolition of slavery would give rise to compensation for those having held titles, for which the procedure would be established by decree, and it noted that the Ordinance did not contain provisions imposing penal sanctions for the illegal exaction of forced labour. The Committee also noted the indications contained in a paper submitted to the United Nations Human Rights Commission (document E/CN.4/Sub.2/1984/23 of the Subcommission on the Prevention of Discrimination and the Protection of Minorities - 2.7.1984) according to which the absence of penalties and the non-adoption of the Decree under the Ordinance on compensation could lead masters to tell their slaves that they are still slaves, since the envisaged compensation has not been received by those entitled to it, namely the masters, who could not demand it due to the absence of the implementing Decree. The Committee also noted, from the information contained in the above report, Circular No. 003 of 9 January 1981 (which invites judges and cadis (al-koudath) to respect the decision of 1980 and to remain in complete conformity with international and national law) and Circular No. 108 of 8 May 1983 (once again prohibiting judges from taking decisions that are incompatible with the law and requesting governors to give notification of all breaches and irregularities coming to their knowledge).

The Committee noted the information supplied by the Government in its report for the period ending June 1987 and to the Conference Committee in 1986 to the effect that, by virtue of section 3 of the Labour Code, forced or compulsory labour is forbidden and punishable, under section 56(a) of the Code, with penal sanctions, and that the practice of forced labour no longer exists in the country. It also noted that the Government is not planning to adopt the Decree mentioned in section 3 of Ordinance No. 81-234 regarding compensation, in view of the fact that it seemed wrong to provide compensation for an activity that has been declared illegal, and that the Government intends to delete this provision.

The Committee also noted the indications supplied by the Government in its reply to the United Nations Human Rights Commission (document E/CN.4/Sub.2/1987/27 of the Subcommission on the Prevention of Discrimination and the Protection of Minorities - 17.7.1987) according to which new circulars have been issued to the regional authorities of the country to reaffirm the conformity of Ordinance No. 81/234 with the sharia and to recall the penalties to which those violating the legislation on this matter are subject.

The Committee took note of the Government's indications that section 56 of the Labour Code makes the illegal exaction of forced labour punishable by penal sanctions. The Committee had, however, pointed out that these provisions have been in force since 1963, when the Labour Code was adopted, but that the practice of slavery has nevertheless persisted, and hence the Government considered it necessary to adopt the Ordinance of 1981 to abolish slavery. The Committee recalled, in this connection, that under the terms of Article 25 of the Convention, not only the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, but that it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee requested the Government to supply detailed information on the measures that have been taken or are envisaged to implement the decisions to abolish slavery, on the results already obtained and on the penalties imposed on persons who do not respect the provisions abolishing slavery. It requested the Government to supply copies of court decisions made in this regard and of the information supplied by governors, in accordance with Circular No. 108 of 8 May 1983. It also requested the Government to supply a copy of the latter circular, of Circular No. 003 of 9 January 1981 and of the circulars to which reference is made in the Government's reply, referred to above, to the Human Rights Commission.

The Committee further requested the Government to supply copies of any texts adopted either to repeal section 3 of Ordinance No. 81-234 on the compensation that is due, or to implement it, and to supply information on the measures that have been adopted to give effect to the Convention in both law and practice.

The Committee again expresses the hope that the Government will make every effort to take the necessary action in the very near future.

2. Call-up of labour. The Committee has noted in the comments it has been making for many years that Ordinance No. 62-101 of 26 April 1962 and Act No. 70-029 of 23 January 1970 confer very wide powers on the authorities to requisition persons outside the cases of emergency covered by Article 2, paragraph 2(d), of the Convention. The Committee noted that the Government stated previously that it recognised the need to repeal the provisions that were not in conformity with the Convention, that it had drawn up a draft Labour Code in order to bring the legislation fully into conformity with the Convention and that the draft would be submitted for comments to the International Labour Office.

The Committee also noted the statement by the Government representative to the Conference Committee in 1986 that the necessary measures to give effect to the provisions of the Convention had been taken. The Committee expresses again the hope that the Government will supply, in the near future, the texts that repeal or amend the provisions in question so as to make them compatible with Article 2 of the Convention.