Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

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 reports on the application of the Convention sent by the Government in September 2011 and in 2012, and the observations from the General Confederation of Workers of Mauritania (CGTM), the Free Confederation of Mauritanian Workers (CLTM) and the International Trade Union Confederation (ITUC), which were received on 22 August 2011, 27 August 2012 and 31 August 2012, respectively.

Articles 1(1), 2(1) and 25 of the Convention. Slavery and slavery-like practices. In its previous comments, the Committee noted that the Government had taken a number of positive measures which demonstrated the Government’s commitment to combat slavery and the vestiges thereof. However, it observed that, despite these measures, victims were unable to assert their rights and it asked the Government to take appropriate measures in this respect. The Committee also underlined the importance of a comprehensive strategy to combat slavery which would make it possible to address this issue in a broad manner. The Committee notes that, since its last observation, the question of the application of the Convention by Mauritania was examined by the Committee on the Application of Standards of the International Labour Conference in June 2010. It also notes the report published in August 2010 by the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences (A/HRC/15/20/Add.2).

(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 forcibly takes that person’s monies 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). Furthermore, the Walis, Hakems, local chiefs and officers of the criminal investigation police who do not take action with regard to slavery-like practices that are brought to their knowledge shall be liable to imprisonment and a fine (section 12). Lastly, human rights associations are empowered 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 the Act had received considerable publicity with a view to promoting an understanding of the criminal nature of slavery. It stressed the need to continue the awareness-raising process in view of the fact that victims seemed unable to assert their rights with regard to the competent authorities and that the Government had been unable to supply information on complaints submitted, investigations undertaken or legal proceedings instituted.

The Committee observes that the ITUC emphasizes in its observations that it is extremely difficult for victims of slavery to overcome cultural and legal obstacles in order to be able to lodge complaints and take legal action against their masters. The ITUC refers to the reluctance at various levels of the administration to enforce the law. Even though several victims have attempted to take legal action against their masters, only one conviction was handed down in November 2011. The ITUC also reports reluctance to use the Act of 2007 as the basis for investigation, delays in the processing of cases at the investigation stage and at the time of instituting proceedings, and numerous dismissals of cases by public prosecutors, and provides several examples in this respect.

The Committee notes the Government’s reference in its 2011 report to five cases examined in 2010 by the National Commission on Human Rights (CNDH). Of these five cases, only one led to a court conviction, and this was following the intervention of the Public Prosecutor’s Office, which took action to overturn, in the interests of the law, the decision by the Court of Appeal to release a woman accused of having kept two children as slaves. Further to the ruling being overturned, the woman concerned was sentenced to six months’ imprisonment. The Government emphasizes that this outcome was possible thanks to the unbending determination of the public authorities, the prompt instructions issued by the Prefect, cooperation between NGOs and the police, and intervention by the Public Prosecutor’s Office. The Committee observes that the Government makes a general reference in its 2012 report to the responsiveness of the authorities in pursuing investigations into allegations of slavery and bringing the cases before the courts, but it fails to provide any specific information on new cases of enforcement of the law or on court decisions that have been handed down. The Government points out that proven cases of vestiges of slavery in Mauritania have become rare.

The Committee notes that the United Nations Special Rapporteur on contemporary forms of slavery states in her report that she had heard of cases of slavery being reported to the relevant authorities. However, either the cases were reclassified under the heading of “inheritance or land dispute” or were not pursued owing to insufficient documentary evidence, or the person who put forward the claim was put under pressure from his or her extended family, master or sometimes local authorities to retract his or her claim. This results in cases never being reported as “slavery” cases and therefore, judicially, slavery cases do not exist.

The Committee notes with concern that this information shows 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. It recalls that the Conference Committee already expressed its concern in this regard. The Committee emphasizes that victims of slavery are in a situation of considerable economic and psychological vulnerability which calls for proactive measures by the State. However, the public authorities which should protect them appear to be reluctant to enforce the Act of 2007. The Committee recalls that, under the terms of Article 25 of the Convention, States which ratify the Convention are obliged to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and are strictly enforced. The Committee urges the Government to take the appropriate steps to ensure that victims are actually able to turn to the police and judicial authorities to assert their rights and that these authorities conduct investigations promptly, effectively and impartially throughout the country, as required by the Act of 2007. The Committee requests the Government to provide information in its next report on 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. The Committee considers it essential with a view to eliminating slavery that the prison sentences provided for by the Act of 2007 are actually imposed on the perpetrators of these practices.

(b) Comprehensive strategy to combat slavery. In its previous comments, the Committee noted the adoption of the National Plan to Combat the Vestiges of Slavery (PESE), with a budget of 1 billion ouguiyas (MRO) (approximately US$3.3 million) covering the fields of education, health and income-generating activities. It emphasized that, by addressing poverty, the National Plan represented one component of the action required to combat slavery, although such action should also encompass other measures such as raising the awareness of society and the competent authorities or measures to combat impunity and protect victims. The Committee thus drew the Government’s attention to the importance of a comprehensive strategy to combat slavery.

The Committee notes that the Government, in its last two reports, has not supplied any details of the measures taken in the context of the PESE or any information on the adoption of a strategy or comprehensive plan to combat slavery. However, it notes that during the discussion of this case by the Conference Committee, the Government indicated that more than 1,000 actions had been undertaken in the context of the PESE, benefiting a total of 93,000 persons in 282 localities. The Conference Committee underlined that while the measures adopted to combat poverty were an important element in the strategy to overcome slavery, the programmes implemented needed to have the objective of ensuring the economic independence of those who were victims of slavery, and it asked the Government to take measures to improve the economic situation of the most vulnerable categories of the population so that they could escape from the vicious circle of dependence. The Conference Committee also emphasized that the issue of slavery needed to be addressed by Mauritanian society as a whole, and the Government needed to play a key role in raising the awareness of the population and the authorities in relation to the issue and to adopt, in the very near future, a national plan to combat slavery.

The Committee notes that the CGTM, in its observations, complains about the Government’s lack of determination to establish a coherent policy for combating slavery and underlines the urgent need to establish specific programmes, in cooperation with all the social partners. The CGTM indicates that the State must launch a genuine national dialogue on this issue in order to contribute to a real raising of public awareness and put an end to these practices once and for all. The CLTM, for its part, is of the view that, despite the measures taken, there is no real political will to end slavery. It asserts that, with the complicity of the State, slavery remains a current practice throughout the country and appears in different forms which keep slaves and former slaves subjugated to their masters or former masters through denial of the right to property, expropriation, and keeping slaves in a state of need and dependence. The CLTM considers that the State fails to ensure that these categories of citizens have access to basic infrastructure (schools, health care, roads, etc.) and adopts a discriminatory policy regarding access to certain benefits. Finally, the ITUC emphasizes that it is essential for the Government to formulate a national strategy or a plan to combat the persistent and widespread practice of slavery, and also its vestiges and consequences. The ITUC considers that an inter-institutional body must be established for this purpose and that one of its initial functions would be to conduct research into the number of persons who are victims of slavery.

The Committee notes all of the above information. It expresses its concern regarding the lack of information since 2010 on the specific measures taken in the context of the PESE, a copy of which has still not been sent by the Government, and also at the lack of progress regarding the formulation and implementation of a comprehensive strategy to combat slavery. The persistence of slavery in Mauritania is rooted in many causes, including economic and cultural factors. In view of the complexity of this phenomenon and its various manifestations, the Committee again emphasizes that the required responses must form part of a comprehensive strategy to combat slavery 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 NGOs, and the protection and reintegration of victims. In this regard, the Committee recalls, as the Conference Committee also observed, that it is essential for the Government to have reliable qualitative and quantitative information on the characteristics of slavery. The Committee therefore urges the Government to take the necessary steps to adopt and implement a comprehensive strategy to combat slavery, which encompasses the various aspects described above. The Committee firmly hopes that this strategy will be accompanied by research to enable an overview of the realities of slavery to ensure better planning of government action in this sphere and to ensure that planned measures target all the population groups and regions concerned.

(c) Protection and reintegration of victims. The Committee recalls that it is essential that victims, once they have been identified, are the recipients of measures to support and reintegrate them. It asked the Government to indicate whether the PESE envisaged the creation of structures intended to facilitate the social and economic reintegration of victims. The Committee observes that the Government, in its 2011 report, indicates that five persons, whose cases had been referred to the National Commission on Human Rights, received direct financial aid or funding for income-generating activities in the context of the PESE. The ITUC points out that the PESE has not been allocated sufficient financial or human resources to combat slavery effectively, that it is not in a position to identify victims or provide them with comprehensive and systematic follow-up, and that the financial assistance given to victims is insufficient to meet their long-term needs. The ITUC adds that the PESE has not been operational for almost a year, since the resignation of its Director-General in 2011.

The Committee notes this information, which demonstrates the need to strengthen the material and financial support for victims so that they can lodge complaints and avoid reverting to a situation of dependence in which their labour would once again be exploited. The Committee requests the Government to provide information on the specific steps taken to ensure effective protection for victims of slavery, either as part of the strengthening of the PESE or in the context of the adoption of a comprehensive strategy to combat slavery. In this regard, the Committee hopes that the measures taken will take account of the need to provide victims with legal, economic and psychological support. The Committee also requests the Government to indicate the mechanisms whereby victims receive compensation for the personal and material damage suffered.

In conclusion, the Committee hopes that the Government will be in a position to provide detailed information in its next report on the steps taken to continue to combat slavery, which, according to the various sources cited in this comment, remains a widespread practice, with the United Nations Special Rapporteur concluding that “de facto slavery in Mauritania continues to be a slow, invisible process which results in the ‘social death’ of many thousands of women and men”. The Committee therefore trusts that the Government will tackle the resistance which still exists in the various spheres of Mauritanian society.

Lastly, the Committee hopes that the Government will avail itself of technical assistance from the Office to help it to overcome the difficulties that it faces.

[The Government is asked to reply in detail to the present comments in 2013.]