Cas individuel (CAS) - Discussion : 2015, Publication : 104ème session CIT (2015)

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)



A Government representative, after commending the work of the Committee, indicated that the Government had been steadfastly committed for several decades to combating the vestiges of slavery, ill-treatment and exploitation, particularly through legal and institutional reforms and the implementation of social and economic development programmes to combat the vestiges of slavery. Serious and audacious legal and institutional reforms had been adopted in 2012. Pursuant to Constitutional Act No. 2012-015 of 20 March 2012, article 13 of the 1991 Constitution was amended to define slavery as an imprescriptible crime against humanity and was punished accordingly. This Act strengthened Act No. 2007/48 of 9 August 2007 which defined as an offence slavery and slavery-like practices. The 2007 Act thereby defined for the first time a slave and slavery, and provided for the possibility for any legally recognized human rights association to report crimes detected and to offer assistance to victims. This was a significant step forward, which exposed those who might go against the law to public condemnation. In addition to the measures that had been taken to support the law, Parliament was examining two bills. The first centred on the Act to combat torture which would repeal and replace Act No. 2013-011 of 23 January 2013 prohibiting the crimes of slavery and torture as crimes against humanity. The second bill presented to Parliament concerned Decree No. 2006.05 of 26 January 2006. It would allow persons with insufficient financial resources, which was the situation for victims of the vestiges of slavery, to defend their rights before the courts. In addition, he made mention of the establishment of a court responsible for prosecuting crimes inherent in slavery, and indicated that the judges for this court were being selected for training. The Government was formulating programmes dedicated to combating the vestiges of slavery with ILO support. On 6 March 2014, the Government had adopted a roadmap for combating the vestiges of slavery following consensus among a number of participating departments. This strategy was coupled with an action plan which was centred on legal and socio-economic priorities, and on awareness raising. An inter-ministerial committee chaired by the Prime Minister and encompassing all the relevant departments had been set up and met on a regular basis to follow up on the implementation of this strategy. The evaluation of the stages carried out in May 2015 showed that real progress had been made in the socio-economic sphere, particularly by the Tadamoun agency, established in March 2013 to combat the vestiges of slavery and to promote integration and poverty reduction. The efforts of this agency had given rise particularly to the building of schools, clinics, health posts, and social housing, and to the distribution of rehabilitated land and access to drinking water in areas inhabited mainly by persons who suffered the vestiges of slavery. The Government would communicate to the ILO all the statistics on the activities of the agency and their impact on the reduction of the vestiges of slavery. Furthermore, the Government had launched an information campaign on these issues. A Fatwa prohibiting slavery had been adopted by the Assembly of Ulemas and had been widely disseminated. The speaker indicated that the critics of this policy could no longer continue to deny the existence of slavery. The Government would continue its efforts to renew and modernize the rule of law, the first beneficiaries of which were the victims of the vestiges of slavery. The speaker emphasized, in that regard, that the Government was preparing, with ILO support, two important programmes which would reinforce that national effort. The first, on the elimination of child labour, had led to the drafting of a national action plan for the elimination of child labour in Mauritania (PANET-RIM) which had been adopted by the Council of Ministers on 14 May 2015. The second also aimed to eradicate the vestiges of slavery and would be prepared before the end of the year, and would provide for support for legislative changes, institutional strengthening, capacity building for the implementation of the law, research, awareness raising and support for victims. He mentioned that, despite this significant progress, Mauritania was once again part of the individual cases relating to the application of this Convention, owing to outdated or incomplete information submitted to the Committee. He concluded by reaffirming the Government’s determination to permanently eradicate the vestiges of slavery.

The Worker members expressed regret at the fact that the information provided by the Government had not been reproduced in a written document. The Convention had been ratified by Mauritania in 1961 and since then the case had been examined many times by the Committee. In the wake of the Committee’s discussions in 2002 and 2003, a number of missions had taken place to the country (in 2004 and 2006) and a set of recommendations had been formulated. In 2010, while welcoming certain elements, the Committee had urged the Government to play a key role in awareness raising, and to make the public and the authorities understand that it was essential to eradicate slavery. They had also called for the adoption of a national plan for combating slavery, in close collaboration with the social partners and civil society organizations. The Government was due to take measures to provide victims with recourse to the judicial authorities and the police and report on the measures taken, including providing reliable quantitative and qualitative information on the characteristics of slavery and its vestiges. At the present time, Mauritania was one of the last countries in the world where traditional forms of slavery persisted. The Worker members pointed out that the Committee of Experts had noted with regret the absence of reports in 2013 and 2014. Moreover, according to the United Nations Special Rapporteur on contemporary forms of slavery, despite the abolition of slavery in 1981, its definition as a crime against humanity in 2012, and the announcement of the creation of a special court for prosecuting crimes of slavery, the relevant laws and policies were not fully applied and the lack of reliable information was a particular source of concern. The Worker members declared that slavery simply could not be tolerated and that Mauritania must embark on a path of change without delay. Even though, according to the Committee of Experts and the Special Rapporteur, Act No. 2007/48 criminalizing slavery and punishing slavery-like practices had been widely publicized, victims continued to face problems in asserting their rights vis-à-vis the competent authorities, which were failing to take action on complaints. It should also be recalled that it was just in the presence of a complaint that an investigation could be launched, and yet the law did not authorize human rights organizations to bring complaints on behalf of victims of slavery. Furthermore, the police either refused to conduct inquiries into allegations of slavery or, at best, such inquiries merely took the form of a face-to-face meeting between the parties in which the victims, who were in an extremely vulnerable position, had no choice but to amend their statements, after which the case was reclassified as a labour dispute or one involving exploitation of minors. The judicial authorities also refused to prosecute those suspected of engaging in slavery-like practices. Despite the prosecutor having the obligation to notify the complainant of the decision whether or not to prosecute within eight days, numerous complaints had remained pending without the prosecutor providing the complainant with information. Complaints rarely led to a trial because the legal deadlines were systematically missed. SOS-Esclaves highlighted the reluctance of judges, most of whom originated from the Beidan community, to convict slave owners and award compensation to victims, out of fear of being ostracised by their own community. Even though the Committee had shown understanding with regard to the weight of traditions, culture and beliefs, the conclusions that it had formulated in 2010 had not been acted upon. Victims of slavery were still unaware that their situation was illegal or unjust and lived in acceptance of their inferior status. For that reason it was difficult for them to make use of the Act of 2007.

With regard to the National Agency to Combat the Vestiges of Slavery and to Promote Integration and Poverty Reduction (Tadamoun agency), the creation of which was welcomed in 2013, the Committee of Experts questioned its institutional and financial capacity to implement the roadmap for combating the vestiges of slavery adopted in 2014. It would appear to have done nothing to tackle the issues of slavery and its mandate seemed to be limited to dealing with the vestiges of slavery and not with persistent slavery-like practices, which showed a lack of will on the part of the authorities in this respect. The roadmap represented a positive step forward but did not provide for specific victim protection measures, did not confer locus standi on third parties and continued to impose the burden of proof on the victim. However, it did make provision for the setting up of an emergency fund designed to bring socio-economic assistance to persons removed from slavery and for positive actions in favour of the descendants of slaves. The one-year implementation time frame was unrealistic in view of the situation. The Worker members also highlighted the situation of children kept in servitude, who worked for a master from early youth and had no access to education. Considered as the master’s property, they could be hired out, loaned, given as a wedding present or left as a legacy to the master’s descendants. The descendants of slaves who were no longer under the control of their master generally had limited access to education owing to their marginalization. They therefore failed to acquire the skills that would enable them to undertake work other than domestic work or activities in stockbreeding or agriculture. The trade unions had campaigned actively against slavery-like practices. However, in January 2015, the Mauritanian authorities had intervened to prevent the Free Confederation of Mauritanian Workers (CLTM) from conducting a campaign to raise public awareness of anti-slavery legislation, thereby showing that they were still clamping down on anyone who dared to denounce the widespread persistence of the scourge of slavery. The situation was extremely serious and the Government seemed reluctant to abolish slavery once and for all. Even if the political, cultural and economic obstacles were understood, the Government had to act without delay.

The Employer members indicated that this session of the Conference Committee dealt with the 18th observation of the Committee of Experts on this case, which was a tragic one of continuing slavery entailing the country’s own population. They thanked the Government for the information on measures undertaken and for its efforts to fight slavery. The Employer members, however, expressed deep concern that the Government had not provided its report in 2013 and 2014, which they considered itself a matter of grave non-compliance with its obligations. Act No. 2007/48 criminalizing slavery and punishing slavery-like practices had been enacted and well publicized, but, as indicated in the Observation of the Committee of Experts, it continued to be difficult for victims to bring their cases before the competent judicial and administrative officers, as observed in the result that only one person had so far been convicted under the Act. It was clear that the Government’s will to apply and enforce the Act was missing, contrary to the provision of Article 25 of the Convention. The Employer members observed that the main difficulties in the effective application of the Convention were due to cultural obstacles and reluctance of the public administration to deal with the cases of slavery. Apart from the abovementioned case of conviction of one person, all other cases had not been pursued due to the absence of evidence or the pressure exerted on the victim to withdraw the claim, resulting in the absence of justice, equality and freedom since Mauritania’s ratification of the Convention in 1961. While they were satisfied to hear at this Committee the explanations by the Government on steps taken since last year, they indicated that the Government was not only obliged, but had a deep human duty to act now, and called upon the Government to adopt a comprehensive strategy to combat slavery and slavery-like practices. Such strategy would include: (1) as a matter of priority, the reinforcement of the administration of justice in relation to slavery through a specialized court, inspectorate, and prosecutors as well as centres for victim care; (2) prevention through legislation; (3) safety nets for victims (e.g. rehabilitation centres, skills development programmes and financial assistance) and poverty eradication programmes; and (4) awareness-raising activities aimed at nurturing a common understanding that slavery was not acceptable in today’s society, and at facilitating victims and civil society members in reporting cases anonymously and dealing with the victims’ trauma. The Employer members indicated that the Government could not be allowed to choose not to report on the application of Conventions. They recalled that a sizeable number of people in Mauritania were suffering from slavery as this Committee was meeting, and that the exchange of diplomatic discourses was no longer sufficient.

A Worker member of Mauritania said that it pained him to see Mauritania repeatedly summoned to appear before the international bodies. The problem stemmed from the way in which policies and actions were implemented, managed and evaluated. Any approach that was not participatory would not produce the intended effects. It should be noted that the National Agency to Combat the Vestiges of Slavery and to Promote Integration and Poverty Reduction (Tadamoun agency) was exclusively controlled by the Government, with no participation by the population or non-governmental organizations (NGOs), and that the trade unions had not been involved in the development of the roadmap. The trade unions had been invited to the opening ceremony of the workshops on the evaluation of the roadmap in May 2015, but they had not been allowed to participate in the evaluation workshops. Social dialogue should be pursued with the Government and all the organizations concerned and objectives needed to be set outside the international bodies. When the Government had explained that the Act of 2007 enabled NGOs to provide assistance to victims, it had failed to mention that the right to organize was subject to the system of prior agreement, and that many human rights organizations had been unable to register. The leader of one organization had even been imprisoned for supposedly running an illegal organization. Dialogue must be inclusive in order to develop a policy based on consensus, and to enable Mauritania to turn the page. In that regard, the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, was a key element that would provide a coherent framework for that policy.

Another Worker member of Mauritania expressed his total disagreement with the Worker and Employer members, as the situation they described in no way reflected the reality in the country. Slavery was a crime that should be condemned but a conspiracy surrounding the issue existed within international bodies. This issue was always raised to put pressure on countries. Even though the vestiges of slavery persisted, the shocking stories that had been told with regard to Mauritania could not be accepted. Slavery in Mauritania had affected all sectors of the population. The Government was making efforts and those who wished to help the country were invited to participate. Mauritania had come out of slavery and henceforth references should be made to the vestiges of slavery. The speaker concluded by objecting to the manner in which Mauritania had been treated within the present Committee.

The Employer member of Mauritania expressed support for all the measures aimed at strengthening the rule of law, because only democracy, equality and justice could ensure the attainment and perpetuation of social peace throughout the country. The Government was continuing its efforts to eradicate the vestiges of slavery. It could boast many achievements in both urban and rural areas and in several different fields, including education and health. In terms of legislation the Government had had slavery classified as an imprescriptible crime against humanity for which there was no statute of limitations and had adopted important institutional measures that were part of a more extensive and ambitious economic development programme. The speaker had been personally involved in the design of most of those policies and strategies, and he commended the Government for its obvious determination to do its utmost to eradicate the last traces of slavery. He called for even more government efforts to attain an objective that would not be easy and would require extensive human and financial resources. As part of its role in eliminating slavery, the Office should obtain more complete and objective data and should support the multiple efforts that Mauritania was making. For their part, Mauritanian employers would continue to work alongside the Government and its social partners to promote labour policies in favour of job creation, vocational training and the reduction of poverty.

The Government member of Latvia, speaking on behalf of the European Union (EU) and its Member States, as well as Albania, Armenia, the Republic of Moldova, Montenegro, Norway, Serbia and the former Yugoslav Republic of Macedonia, recalled the commitment made by Mauritania under the Cotonou Agreement to respect democracy, the rule of law and human rights principles which included those provided for in the Convention. While legal measures had been taken, especially Act No. 2007/48 criminalizing slavery and punishing slavery-like practices, the Government should continue taking measures, as victims of forced labour continued to face problems in being heard and asserting their rights. She also encouraged the Government to fully implement the 29 recommendations contained in the roadmap through measures aiming at specific and rapid results. The speaker called on the Government to discharge its reporting obligations with respect to ILO Conventions, and expressed the readiness of the EU to cooperate with the Government to promote development and the full enjoyment of all human rights.

The Worker member of South Africa, speaking also on behalf of the Worker members of Angola, Ghana, Liberia, Nigeria, Sierra Leone and Swaziland, emphasized the key role of this Committee in contributing to combat slavery. The situation of victims of slavery was comparable to that of migrants. Slavery in Mauritania was rooted in its history and culture, and was condoned by those seeking power. Although Act No. 2007/48 had criminalized slavery, punished slave-like practices, and provided for roles of human rights defenders, slavery was still rife with persons continued to be enslaved and treated as property. The speaker indicated this continued existence of slavery was owing to the lack of enforcement and zero-tolerance policies, as exemplified in the fact that since the adoption of Act No. 2007/48, only one case of slavery had led to a court conviction. Moreover, he lamented the Government’s lenient and partial attitude towards those found practising slavery and the intimidation faced by victims trying to seek justice. In concluding, the speaker stressed the need to establish victim support programmes aimed at reducing dependency through secure and viable employment, with the participation of social institutions, public authorities as well as the social partners.

The Government member of Egypt noted the efforts made by the Government with a view to bringing an end to forced labour and creating conditions under which Mauritanian workers would work in a dignified and decent manner. The speaker stated that legislation, in particular Act No. 2007/48, had also been enacted. The Act criminalized slavery and practices similar to slavery, and provided for sanctions for perpetrators. She also noted the roadmap to combat the vestiges of slavery. The speaker recalled that the goal was to end forced labour so that the country would be in line with its commitment to international labour standards. She expressed the support for the Government’s effort that appeared promising, and hoped that this Committee would take due note of what had been achieved in this respect.

The Worker member of the United Kingdom, speaking also on behalf of the Worker member of Mali, said that the legislation and programmes adopted to criminalize slavery, which affected at least 18 per cent of the Mauritanian population, had had minimal impact. Victims continued to suffer from slavery, entrenched in the society and culture, as noted by bodies such as the UN Special Rapporteur on contemporary forms of slavery or Anti-Slavery International. The speaker indicated that Act No. 2007/48 did not provide justice or redress to victims. The Act provided only for criminal cases against the alleged master without providing the victims with means to escape from servitude. The Act allowed only the victim to bring a case with the burden of proof on him/her. These were difficult legal processes for the victims to handle, as they lacked necessary financial means and education. Investigations of the complaints often ended in a non-conclusive manner. Masters were arrested and quickly released on bail, as was the case with respect to the only case of conviction under Act No. 2007/48. Interviews with both the victims and the masters present would put the victims under extreme pressure. The other programmes had not produced much progress. The Tadamoun agency had done little work on slavery. The 2014 roadmap process had not included unions or employers in the implementation and had failed to achieve real development. A bill to replace Act No. 2007/48, currently before the National Assembly, included some improvements, including the possibility for NGOs to bring civil complaints on behalf of the victims. She emphasized that the legislative provisions were not sufficient. There needed to be real will to deal with the practice and concerted measures fully involving the social partners, in order to eradicate forced labour and slavery.

The Government member of Mali took note of the information provided by the Government on the steps that had been taken to ensure the application of the Convention, to eliminate forced labour in general and more specifically, to combat the vestiges of slavery. The Government’s efforts and determination over the past few years to resolve the issue of slavery should be recognized and encouraged, with particular reference to the following measures: (1) the adoption of a constitutional act criminalizing slavery; (2) the bill against torture; (3) the bill on legal assistance; (4) the establishment of a special court to clamp down on crimes related to slavery and to provide training for judges; (5) the adoption of a roadmap to combat the vestiges of slavery; and (6) the setting up of different programmes with the support of the ILO. The speaker encouraged the Government to be tireless in continuing its efforts and to request the Office to provide additional assistance and cooperation.

The Worker member of France stressed the need to be consistent. She recalled that, as part of the Economic Partnership Agreement (EPA) between the West African States, the Economic Community of West African States (ECOWAS) and the West African Economic and Monetary Union (WAEMU), on the one part, and the European Union (EU) and its Member States, on the other part, Mauritania would have to do away with 75 per cent of its import duties. It would thus lose a considerable slice of its budgetary income, which was vital for the local population. That kind of aggressive trade policy, which rendered local farms and small industries less competitive, placed additional pressure on the economy, and might well perpetuate the very forms of slavery that were denounced by trade unions and civil society organizations alike. The EU must not enter into trade agreements that were liable to institutionalize forced labour and, at the same time, expect the Government, as it did in a European Parliament resolution of December 2014, to continue its efforts to eliminate contemporary forms of slavery. The resolution also stated that human rights activists were being persecuted. Three activists belonging to the Mauritanian Initiative for the Resurgence of the Abolitionist Movement (IRA) (Mr Brahim Jaddou, Mr Yacoub Inalla and Mr Salar Ould Houssein) had in fact been sentenced to several months’ imprisonment and Mr Biram Dah Abeïd, an emblematic anti-slavery advocate who was recognized as such in the country, had in January 2015 been sentenced to two years’ prison and now faced the death sentence for having organized anti-slavery meetings. In its resolution the European Parliament called on the Government to free Mr Biram Dah Abeïd and “to permit anti-slavery activists to pursue their non-violent work without fear of harassment and intimidation”. It was essential that the important laws that had been passed in 1981 and 2007 be implemented in practice, and that meant freeing all the human rights activists who were engaged in combating slavery.

The Government member of Morocco pointed out that the Committee of Experts’ comments related to the effective application of legislation on forced labour and the strategic and institutional framework for combating slavery. The Government had provided information in reply to those comments; the legal and institutional reforms to the existing framework were intended to criminalize slavery and any other form of human servitude. Two bills were planned to cover the fight against torture and the right of those suffering the effects of slavery to take legal action. In addition, programmes and projects had been introduced with the help of the United Nations. These measures demonstrated the Government’s will to harmonize its national legislation and practice with the provisions and principles of the Convention. Its efforts should therefore be supported and it should be given more time to reply to the outstanding requests.

The Government member of Tunisia noted the efforts undertaken by the Government to combat the vestiges of slavery, promote the rights of workers and apply the Convention. The legal and institutional reforms, development programmes and the establishment of a court to punish crimes related to slavery, as well as the roadmap adopted in 2014, were irrefutable evidence of the commitment and determination of the Government to effectively combat slavery and its vestiges. Expressing her conviction that the ILO International Programme on the Elimination of Child Labour (IPEC) and the programme to support the roadmap would contribute to achieving the objectives set by the Government, she called on the Office to continue providing technical assistance to the Government, and encouraged the Government to continue its efforts to eradicate the vestiges of slavery once and for all and to comply with the provisions of the Convention.

The Government member of Algeria welcomed the measures taken by the Government to combat the vestiges of slavery. According to the information provided by the Government, legal and economic measures were taken through the adoption of several texts to prohibit slavery and compensate the victims. Several ministries implemented development programmes for vulnerable groups of persons in certain areas. Attention should be drawn to the establishment of the Tadamoun agency, which was responsible for combating the vestiges of slavery and ensuring the integration of the victims. These measures enabled the application of the relevant international standards. He also wished to highlight the Government’s efforts and encouraged it to continue in that direction. In its conclusions, the Committee should take into account the information provided by the Government, which demonstrated its full willingness to implement the necessary measures to guarantee the effective application of the Convention.

The Government member of Qatar took note of the Government’s statement on measures taken, and encouraged the Government to continue its effort in order to fully implement the Convention.

The Government representative recalled that he had informed the Committee of his Government’s efforts to work with the ILO and other organizations. He was surprised by the statement from the Employer members, whose lack of respect towards Mauritania was tantamount to provocation and did nothing to help matters. As for the indictment from the Worker members, they were simply false statements that failed to take into account all that had been achieved. The truth was that a great deal had been achieved, both in juridical terms and through the implementation of effective programmes and public awareness campaigns, to combat the phenomenon. The discussions had also mentioned the important role of the religious authorities. He congratulated the Mauritanian employers and workers on their recognition of the positive measures that had been adopted. He assured them that the Government would do everything to ensure that they were able to engage in the ongoing dialogue, in which he invited them to participate. Freedom of the press was guaranteed in Mauritania, where a series of debates had been organized. It was incredible to hear people claim that Mauritania was full of slaves whose only prospect was to emigrate to Europe. Many Mauritanians did emigrate to Europe, but they amounted to fewer than one in a thousand. As to enforcing the law, 26 cases had been brought to trial. Those were genuine efforts that ought to be highlighted. The roadmap was a concerted exercise in which the social partners had been involved. In fact, the United Nations Special Rapporteur on contemporary forms of slavery had returned to Mauritania as a consultant under ILO technical assistance, proof enough that she believed it was useful to continue supporting the Government’s efforts. The Government’s attitude showed that it was genuinely determined to put an end to the practices that had been denounced. In conclusion, he thanked all those – including the ILO – who had supported Mauritania in its implementation of the programmes referred to.

The Employer members stated that they had heard the responses from the Government and the situation was of great concern, especially for the vulnerability to which victims of slavery were exposed. The Government was requested to continue to employ all means it had at its disposal to eliminate slavery in the country. The Government was urged to: (1) effectively implement the 2007 Act that criminalized slavery, the National Plan to Combat the Vestiges of Slavery (PESE) and the roadmap, by providing comprehensive victim support and processes through the reinforcement of the capacity of authorities in prosecuting and administering the justice system in relation to slavery, prevention programmes, specific programmes enabling victims to escape, and awareness-raising programmes, including those targeted at the general public, the central authorities, judges and religious authorities; (2) provide the resources necessary for PESE and promote the National Agency to Combat the Vestiges of Slavery and to Promote Integration and Poverty Reduction (Tadamoun agency) to work properly; (3) avail itself of ILO technical assistance, and (4) report in detail on the improvement of enforcement measures at the Committee of Experts’ November 2015 meeting.

The Worker members thanked the Government for the information provided but stressed the importance of submitting the report that was due to the Committee of Experts. In the absence of that report, analysis of the situation could only be based on information that existed elsewhere, such as in the report of the United Nations Special Rapporteur on contemporary forms of slavery. Discussions had unfortunately revealed an extremely serious situation where slavery-like practices were protected or even encouraged by the Government. The important thing for the Committee on the Application of Standards was that the Haratines represented not an isolated group but a majority of the population. The problem was a threat to national unity and cohesion. Those workers were both exploited and discriminated against in all areas of working and civilian life, in terms of: deprivation of social, cultural and economic advancement; denial of the right to property; lack of basic infrastructure to the detriment of workers (including schools, health centres, roads and wells). The Government had to take the necessary steps to ensure the social and economic integration of former slaves into society. The Government may have taken some measures, but the problems that existed needed to be highlighted. The Government was obstructing the action of workers’ organizations in Mauritania in general and of the CLTM in particular, whereas the latter was seeking to denounce the facts and conduct awareness campaigns. The Committee had asked the Government to conduct such campaigns in 2010, but the Government had not sufficiently done so. It was time that the perpetrators as well as their victims and the administrative and judicial authorities were made aware of the inhuman nature of slavery-like practices. The Government had to understand that its inertia, which had long been, was no longer excusable, particularly after the follow up to the initiatives of this Committee and the ILO. The Committee’s goal was to find constructive solutions to eradicate the scourge of slavery. The Worker members asked the Government to collect detailed data on the nature and impact of slavery in Mauritania and to supply it to the Committee of Experts before its next session. It must ensure the rapid and effective handling of complaints relating to slavery, in connection with the Act of 2007 and the 2012 reform of the Constitution. Independent magistrates needed to be appointed to the special tribunal responsible for dealing with slavery-related complaints, and the tribunal needed procedures to ensure free and easy access for the complainants and all the representative organizations assisting them. Exploited persons would be protected from pressure if third parties were authorized to represent the victims of slavery. Furthermore, the National Agency to Combat the Vestiges of Slavery and to Promote Integration and Poverty Reduction (Tadamoun agency) should be allocated the necessary financial and human resources to enable it to effectively discharge its mandate, which should be reoriented towards action against the damage resulting from slavery. The roadmap of 2014, which provided a reference point, should contain a specific section on the protection of victims and the issue of the burden of proof, which should not fall on the complainant victims. The Worker members asked the Government to introduce amendments to the Act of 2007 to make it possible: (a) to give third parties, such as trade unions and human rights organizations the right to act and bring accusations on behalf of the victims; (b) to ensure that the burden of proof did not fall on any person presumed to be a slave; and (c) to impose stiffer prison sentences for the crime of slavery, to bring them into line with international standards and the jurisprudence on crimes against humanity. The Government should see the point of cooperating more systematically with the trade unions – which had demonstrated their capacity for taking action and conducting well-structured awareness campaigns – instead of interfering in their activities. The Worker members asked for a direct contacts mission to take place, since that was the measure most likely to generate solutions and activities for raising awareness of the fight against slavery and to compensate for the damage that it caused. The Worker members called for the release of Mr Biram Ould Dah Abeïd, who had been sentenced to two years’ imprisonment and was at risk of the death penalty. In view of the persistence of the case and the blatant lack of progress for many years, they also requested that the present case be inserted in a special paragraph of the Committee’s report.

Conclusions

The Committee took note of the oral information by the Government representative and the discussion that followed. The Committee recalled that it had discussed the present case on six previous occasions and that a fact-finding mission had visited Mauritania in 2006, at the request of the Conference Committee.

The Committee noted that the outstanding issues raised by the Committee of Experts related to the ineffective implementation of Act No. 2007/48 of 9 August 2007 criminalizing slavery and punishing slavery-like practices, including: the difficulty for victims of slavery to be able to assert their rights before the competent law enforcement and judicial authorities as reflected in the low number of judicial proceedings; the need to carry out awareness-raising measures about the illegality and illegitimacy of slavery amongst the population and the authorities responsible for enforcing the 2007 Act; and the need to effectively implement the various recommendations contained in the roadmap for combating the vestiges of slavery which was adopted in March 2014.

The Committee noted the Government’s statement outlining laws and policies put in place to combat all vestiges of slavery. This included constitutional amendments as well as the adoption and implementation of 2007 Act which defined slavery for the first time and empowered human rights’ associations to report violations of the 2007 Act and to assist victims. The Committee further noted the Government’s indication that a Bill was under review which would, amongst other things, provide for the setting up of a special court to deal specifically with offences related to slavery and slave-like practices. The Committee also noted the information on the various awareness-raising activities undertaken and programmatic measures targeted at reducing economic and social inequalities by improving means of existence and the conditions for the emancipation of the vulnerable social groups affected by slavery and its vestiges. Finally, the Committee noted the Government’s statement that it would continue to avail itself of ILO technical assistance in order to achieve tangible progress in the application of the Convention.

Taking into account the discussion that took place, the Committee urged the Government to:

• strictly enforce the 2007 Act to ensure that those responsible for the practice of slavery be effectively investigated and prosecuted and, receive and serve sentences that are commensurate with the crime;
• amend the 2007 Act to grant third parties, including trade unions a locus standi to bring charges and pursue cases on behalf of victims, consider shifting the burden of proof, and increase the prison sentence for the crime of slavery to a period in line with international standards for crimes against humanity;
• implement fully the National Plan to Combat the Vestiges of Slavery (PES) and the roadmap for combating the vestiges of slavery, including comprehensive victim support and processes. This should include the following:
  • – Reinforcement of the capacity of the authorities to prosecute and administer the justice system in relation to slavery.
  • – Anti-slavery prevention programmes.
  • – Specific programmes enabling victims of slavery to escape.
  • – Awareness-raising programmes.
• provide necessary resources to the National Agency to Fight against the Vestiges of Slavery, for Social Integration and to Fight against Poverty, or “Tadamoun”, and ensure that its programmes include those aimed at addressing and combating slavery;
• develop and implement public awareness-raising campaigns for the general public, victims of slavery, police, administrative and judicial authorities and religious authorities;
• facilitate the social and economic integration of those formally subjected to slavery into society, in the short-, medium- and long-term, and ensure that Haratine and other marginalized groups affected by slavery and slavery-like practices have access to services and resources;
• collect detailed data on the nature and incidence of slavery in Mauritania and establish procedures for monitoring and evaluating implementation of efforts to end slavery;
• avail itself of ILO technical assistance to implement these recommendations; and
• report in detail on the measures taken to implement these recommendations, in particular on the enforcement of anti-slavery laws, to the next meeting of the Committee of Experts in November 2015.

The Committee decided to include its conclusions in a special paragraph of the report.

The Government representative took due note of the conclusions of the Committee and stated that the Government would do everything possible to include the conclusions in the national legislation. He hoped that these changes would reflect the efficient collaboration between the ILO and Mauritania.