Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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 once again notes that the Government has not provided the first report on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, ratified in 2016. The Committee urges the Government to provide detailed information on its application in accordance with the report form adopted by the Governing Body.

Articles 1(1), 2(1) and 25 of the Convention. Slavery and the vestiges of slavery. The Committee previously asked the Government to continue its action against slavery, a practice which persists in Mauritania despite the actions taken by the Government in the context of the road map for the eradication of contemporary forms of slavery adopted in 2014. The Committee emphasized that, in the face of such a complex and controversial phenomenon, it was essential to reinforce the multisectoral approach and ensure coordinated action, particularly through the adoption of an action plan against forced labour and slavery containing the four components set out below.

(a) Effective application of the 2015 Act criminalizing slavery and punishing slavery-like practices. The Committee previously noted the measures aimed at reinforcing the competencies, capacities and knowledge of law enforcement officers and judicial officials involved in combating slavery so as to ensure the effective application of the 2015 Act. While welcoming the fact that an increasing number of cases of slavery had been brought before the three special criminal courts, the Committee noted that obstacles remained in referring cases to these courts, that information on the cases examined was still imprecise, and that only a few cases seemed to have resulted in the imposition of really effective penalties.

The Committee notes the Government’s indication in its report that measures have continued to be taken to ensure the effective application of the Act. The Government refers in particular to: (i) continuing the mobile units (caravans) providing awareness-raising and training for the administrative, judicial and security authorities on the 2015 Act and the organization of workshops for evaluation and judicial exchanges concerning the Act; (ii) the adoption of new circulars by the Public Prosecutor's Office containing instructions and guidance for the systematic engagement of investigations and prosecutions concerning credible allegations of slavery or trafficking in persons; (iii) the establishment of a watchdog unit responsible for monitoring the transparency, efficacy and rapidity of the judicial processing of cases referred to the courts, composed of representatives of the central administration of the Ministry of Justice and the Public Prosecutor's Office in conjunction with the Supreme Court; and (iv) the setting up of offices responsible for providing legal assistance to all wilaya courts and the inclusion of financing for this sphere in the state budget for the 2022 financial year. The Government also reiterates that the special courts have delivered various case law judgments which are testimony to abundant coverage of all possible judicial scenarios (convictions, acquittals, inadmissible cases, prejudicial issues regarding lack of competence, statutes of limitations). With regard to statistics, the Government indicates that seven complaints are under investigation, 11 are under prosecution, seven cases are before the special courts, 11 are before the wilaya courts, and 16 are before the appeal courts.

The Committee notes that the National Human Rights Committee (CNDH), in its annual report for 2020-21, issues a series of recommendations to the Government regarding the reinforcement of action against slavery. The CNDH calls on the Government to take all possible steps to ensure that justice takes its normal course without obstacles in order to impose criminal penalties on the perpetrators of the crime of slavery on the basis of the 2015 Act. It recommends the acceleration of judicial proceedings for the 22 cases of slavery pending before the courts monitored by the CNDH and SOS Esclave (SOS slavery) which have been dragging on for years without any justification.

The Committee notes all the above information, particularly that concerning the awareness-raising activities carried out with regard to the 2015 Act and public access to the justice system. It observes that a large number of cases are being examined by the Public Prosecutor’s Office and the courts but that the Government has not provided specific information on the cases which have resulted in convictions and the imposition of criminal penalties for the perpetrators, or on the complaints lodged or the cases in which the victims have received support from the competent authorities. It also observes that the wilaya courts still seem to have certain slavery cases before them which have not been referred to the specialized courts by the Public Prosecutor's Office. The Committee recalls that, under Article 25 of the Convention, States have the obligation to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and strictly enforced. In this context, the Committee welcomes the setting up of the unit tasked with monitoring the transparency, efficacy and rapidity of the judicial processing of slavery cases brought before the courts, and hopes that this unit will be allocated the necessary resources to ensure the prompt and thorough handling of slavery cases at all their stages (investigation, prosecution and judgment). The Committee requests the Government to continue taking measures to ensure awareness-raising, training and specialization for all players in the criminal justice system. The Committee once again requests the Government to take the necessary measures, firstly, to evaluate the operation of the three specialized criminal courts and the manner in which slavery cases are referred to it, and, secondly, to build the capacities of the police and the Public Prosecutor’s Office regarding the identification of situations of slavery, gathering of evidence and examination of the facts. The Committee also requests the Government to provide information on the number of cases of slavery reported to the authorities, the number of cases that have led to judicial action, the number of convictions handed down, the nature of the penalties imposed, the number of cases settled outside the judicial system, and the number of victims of slavery who have been compensated for the injury suffered, in accordance with section 25 of the 2015 Act.

(b) Systematic and coordinated action. The Committee notes that the Government does not provide any information on the progress made regarding an action plan against forced labour which it had reported to the ILO mission to Mauritania in 2018. The same applies to the collection of qualitative data on the issue of slavery in the country. In this regard, the Committee recalls that the fight against slavery requires the engagement of everyone in the context of coordinated action at the highest level, as had been the case with the inter-ministerial committee responsible for the implementation of the road map under the direct supervision of the Prime Minister. The Committee therefore once again requests the Government to ensure that action against slavery forms part of systematic and coordinated action involving all stakeholders, including workers’ and employers’ organizations, in order to tackle the underlying causes of slavery and to respond to its many different aspects. The Committee also requests the Government to indicate the measures taken to have reliable qualitative and quantitative data on slavery and its various manifestations.

(c) Protection and reintegration of victims. The Committee once again observes that the Government does not provide information on specific assistance given to victims of slavery despite the fact that a number of cases are under investigation or before the courts. It notes that, among the general measures to reduce poverty and ensure social integration, the Government refers to the programmes devised by the General Delegation for National Solidarity and Combating Exclusion (TAAZOUR), including the Cheyla programme on access to education, health, water and energy; the Albarka programme on income-generating activities for poor and vulnerable population groups; the measures taken to facilitate the acquisition of civil status for persons without it, with the issuing of 191,684 civil status rulings to issue certificates of births registered between 2020 and 2022. The Committee notes the Government’s indication that the recently established national authority for combating trafficking in persons and migrant smuggling will ensure, in conjunction with the services and structures concerned, the provision of the necessary social assistance for victims of trafficking, including slavery and slavery-like practices.

The Committee duly notes the general measures to combat poverty and to ensure social integration taken by the Government and encourages it to continue these actions by targeting the regions where cases of slavery have been recorded. It also requests the Government to provide information on the measures taken to facilitate access to property (real estate), an issue identified by the CNDH in its report as giving rise to numerous legal disputes concerning the descendants of former slaves, particularly the Ghidimaka.

The Committee also recalls that the victims of slavery must receive specific support geared to their situation, enabling them to assert their rights and rebuild their lives psychologically, economically and socially, and to enjoy protection against any form of reprisals or marginalization. The Committee notes with regret that the Government has not provided any information in this regard. The Committee urges the Government to provide information on the measures taken to ensure effective support for the victims of slavery once their situation has been reported to the authorities or civil society associations, especially in order to facilitate their access to complaint procedures, to ensure immediate and medium-term protection for their rehabilitation, and to ensure compensation for them. The Committee once again requests the Government to indicate the number of cases in which the competent authorities have supported victims at the stage of investigation and judicial proceedings, indicating the nature of such assistance.

(d) Awareness-raising. The Committee previously requested the Government to continue undertaking awareness-raising activities on the issue of slavery throughout the country and to involve all stakeholders, including the local authorities, so that the firm position of the State on the issue of action to combat slavery, its vestiges and discrimination is communicated and understood at all levels. The Committee notes the Government’s reference to the commemoration of the national day against slavery and slavery-like practices and to the mobile awareness-raising units.

The Committee also notes that the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, at the end of his mission in May 2022, recognized the significant measures taken by the Government to combat slavery, while cautioning that much remained to be done. He emphasized that descent-based and contemporary forms of slavery continue to exist in Mauritania, within all the country’s major ethnic groups, despite this practice being denied by certain parties. He stated that social transformation and a change in mindset is needed in order to fully recognize and address slavery instead of denying its existence (press release of 13 May 2022).

The Committee requests the Government to continue taking measures and strengthen its action to raise the awareness of all the competent authorities and society as a whole and to mobilize them on combating slavery, its vestiges and the discrimination suffered by slaves and their descendants. In view of this situation, the Committee hopes that the Government will collaborate with the traditional authorities, civil society and the social partners and that it will continue to avail itself of support from the ILO technical cooperation project assisting the implementation of Act No. 2015-31 criminalizing slavery and punishing slavery-like practices.

The Committee is raising other matters in a request addressed directly to the Government.