Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Convention (n° 29) sur le travail forcé, 1930 - Mauritanie (Ratification: 1961)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Mauritanie (Ratification: 2016)

The Committee notes the information supplied by the Government in reports received in February and August 1992. The Committee also notes the report of the direct contacts mission which, at the request of the Government, visited Mauritania in April-May 1992 and the discussions which took place in the Conference Committee following this mission.

Slavery

In its previous comments, the Committee referred to the situation in law and in practice with regard to the abolition of slavery in the country.

Legislation and the effective application of the law. 1. In its previous comments, the Committee referred to the following provisions to abolish slavery or prohibit forced labour:

- a number of provisions adopted before independence, namely: the Decree of 1905 to abolish slavery, Act No. 46-645 of 11 April 1946 respecting the abolition of forced labour in the overseas territories, Act No. 52-1322 of 15 December 1952 to issue a Labour Code in the overseas territories;

- the Labour Code of 1963, of which section 3 prohibits forced or compulsory labour under penalty of the penal sanctions set out in section 56(a);

- the Declaration of 5 July 1980 proclaiming the abolition of slavery and Ordinance No. 81-234 of 9 November 1981 to abolish slavery. The Committee pointed out that the Ordinance does not contain provisions imposing penal sanctions for the illegal exaction of forced labour;

- the Committee also noted the information supplied to the United Nations according to which Circular No. 003 of 9 January 1981 invited judges and cadis (al-koudath) to respect the decision of 1980 and to remain in conformity with international and national law, and Circular No. 108 of 8 May 1983, which once again prohibited judges from taking decisions that are incompatible with the law and requested governors to give notification of all breaches and irregularities coming to their knowledge.

The Government stated previously that the practice of forced labour no longer exists in the country and that Ordinance No. 81-234 to abolish slavery has no scope since it enshrines, according to the Government, a situation which already exists in practice, while social and institutional development prevents the existence in law and in practice of forced labour.

The Committee noted that the various texts adopted before independence had prohibited slavery and forced labour, without preventing their occurrence in practice. Similarly, despite the provisions of the Labour Code adopted in 1963, the practice of slavery had nevertheless continued since the Government had considered it necessary to adopt new texts, namely the Declaration and the Ordinance to abolish slavery, in 1980 and 1981.

The Committee notes the information supplied by the Government to the Conference Committee and contained in its reports of February and August 1992 to the effect that slavery was abolished prior to the country gaining its sovereignty and that the abolition is confirmed by all the legal provisions of the country, and particularly by the Labour Code and the new Constitution of 20 July 1991, which in article 13 prohibits any form of moral or physical violence. The Government adds that Ordinance No. 81-234 of 1981 was aimed much more at eradicating the consequences of slavery than at its abolition.

The Committee notes that the Circular referred to above, No. 003 of 9 January 1981, of which the Government supplied a copy, refers to the need to emphasize to the judicial authorities that they must for ever put aside any considerations of the "masters to slaves" type, or vice-versa, with regard to procedures, and states that "the practice of slavery is illegal and must therefore be brought to an end under all its forms".

The Committee notes that the Government has not provided information over the past years on any action taken against persons guilty of forced labour practices or slavery and that, in its last report, the Government states that there have not been any judicial rulings handed down by the courts.

The Committee notes that certain information was gathered by the direct contacts mission from which it appears that slavery has not been eradicated and would still appear to be at a certain level.

The Committee also recalls that it noted previously that the report of the Working Group on Contemporary Forms of Slavery of the United Nations Subcommission on the Prevention of Discrimination and the Protection of Minorities, at its 15th Session (document E/CN.4/SUB.2/1990/44), referred to information that there has been no strengthening of inspection (particularly with regard to freed slaves who have remained with their masters), and that no specific body has been entrusted with coordinating the struggle against slavery. The Committee notes in this respect that the Government stated to the direct contacts mission that it was not in favour of the establishment of such a body, and preferred to take the appropriate measures in a general context.

The Committee recalls that by virtue of Article 25 of the Convention, not only shall the illegal exaction of forced or compulsory labour be punishable as a penal offence, but it shall be an obligation on any Member ratifying the Convention to ensure that the penalties imposed by law are really adequate and strictly enforced.

The Committee is bound to request the Government once again to supply information on any legal actions which have been taken and any penalties imposed for the exaction of forced labour and on any other measures which have been taken or are envisaged to ensure the effective application of the legislation, such as, for example, action to inform and train the judiciary or information campaigns for the populations concerned and for the public at large through the various media.

Rehabilitation measures. 2. The Committee recalls that the Conference Committee previously expressed concern at the situation of freed slaves in order to prevent them from returning or falling once again into slavery as a result of a lack of means of subsistence. It notes the measures adopted by the Government to eliminate what it considers to be the "consequences of an anachronistic practice". The Government states that it has endeavoured for some years to establish a real policy for the integration of the descendants of former slaves in the various sectors of national life, particularly in the field of education through the opening of modern and traditional schools in regions in which the incidence of this social category is high. This action includes the establishment of a ministerial department for the literacy of adults with the aim of combating the illiteracy which is particularly prevalent among this category. It has also established a policy of access to land through the distribution of lots for housing which is mainly intended for this community. The Government refers in this respect to Ordinance No. 83-127 of 9 June 1983 to reorganize land rights and estates and indicates that it forbids any system of share-cropping or servitude and guarantees access to property. The Government adds that it has applied a deliberate policy of promoting the representatives of this social category at all the levels of the political hierarcy and administration of the State, thereby guaranteeing their effective participation in the decision-making process.

The Committee notes the annual report of the activities of the Government during 1992 and the guidelines for the Government's programme for 1993, presented to the National Assembly in November 1992, which refer in particular to measures and programmes in the fields of health, education and housing. The Committee would have hoped that the Government would at this occasion have shown its will to put into effect the "real policy of the integration of the descendants of former slaves in the various sectors of national life" which it described in its report of August 1992 and that it would have indicated the measures used to this effect.

The Committee therefore hopes that the Government will supply detailed information on the programmes and measures which are envisaged or have been implemented specifically in favour of former slaves.

3. With reference to the provisions of Ordinance No. 81-234 of 9 November 1981, which provides that the abolition of slavery gives rise to compensation for those entitled to it, the rules of which would be determined by decree, and with reference to the discussions which took place in the Conference Committee in this respect, the Committee requested the Government to indicate whether these provisions had either been repealed or implemented. The Committee notes the information supplied by the Government to the direct contacts mission to the effect that it does not intend to implement this Ordinance both for reasons of principle and because of a lack of material resources. However, it does not have the intention of repealing it in the near future.

4. The Committee is once again addressing a request directly to the Government concerning the effect given in practice to Ordinance No. 83-127 of 5 June 1983, referred to above, and on other points.

Requisitioning of labour

The Committee has noted in the comments that 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 admitted by Article 2, paragraph 2(d), of the Convention. The Committee noted that the Government stated previously that it recognized the need to repeal the provisions which were not in conformity with the Convention.

The Committee notes the Government's statement in its report of February 1992 that a committee composed of managerial-level staff of the Ministry of Labour and the Ministry of the Interior, which met in December 1991, examined the above two Ordinances and considered it necessary to repeal the provisions which are not in conformity with the Convention. The Committee also notes that the Government restated its intention to the direct contacts missions to amend the legislation in question in order to bring it into conformity with the Convention. The Committee requests the Government to supply information on the provisions adopted in this respect.