Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Mauritania (Ratification: 1961)
Protocol of 2014 to the Forced Labour Convention, 1930 - Mauritania (Ratification: 2016)

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Observation

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

Articles 1(1), 2(1) and 25 of the Convention. Slavery and the vestiges of slavery. In its previous comments, the Committee urged the Government to continue taking the necessary measures to mobilize the competent authorities and society at large with a view to continuing to combat slavery and its vestiges by ensuring strict compliance with the new legislation and that the victims of slavery are identified and have access to justice. The Committee notes the discussion held in June 2016 in the Committee on the Application of Standards of the International Labour Conference and observes that the Conference Committee expressed deep concern that, in practice, the Government had yet to take sufficient measures to combat slavery. Following the discussion, the Government accepted a direct contacts mission, which visited Mauritania from 3 to 7 October 2016. The Committee notes the report of the mission. It also notes the observations made by the International Trade Union Confederation (ITUC) and the General Confederation of Workers of Mauritania (CGTM), received on 31 August and 1 September 2016, respectively.

(a) Effective enforcement of the legislation

The Committee previously requested the Government to accompany the adoption of the Act of 2015 criminalizing slavery and punishing slavery-like practices (hereinafter the 2015 Act) with specific measures to ensure its effective enforcement. The Act reinforced the legislative framework to combat slavery by providing, among other measures, for the possibility for associations for the defence of human rights which have benefited from legal personality for at least five years to take legal action and to be party to civil proceedings, as well as for the establishment of collegial courts to hear cases of offences relating to slavery.

The Committee notes in this regard, from the information contained in the mission’s report and communicated by the Government, that the three special criminal courts competent in matters relating to slavery, which have been established in Nema, Nouakchott and Nouadhibou, are operational. The court in Nema handed down a first ruling, under which two persons were convicted to a sentence of five years of imprisonment (of which four years are suspended) and the payment of damages to the victims. In addition, investigating magistrates have already referred a number of cases to the courts in Nema and Nouadhibou, which will be judged in accordance with the 2015 Act. The Government indicates that cases pending before the courts prior to the adoption of the 2015 Act will also be heard by the special criminal courts, but under the 2007 Act.

The Committee also notes the Government’s indication that the technical cooperation project currently being developed in Mauritania by the Office to support the implementation of the 2015 Act is assigning a significant proportion of its resources to reinforcing the competent actors for the identification of slave-like practices, and particularly the prosecution services, investigating magistrates and other actors involved in the process, such as the police, the gendarmerie and the administrative authorities. The Government considers that this support will enable it to give effect to its regularly reiterated political will to bring an end to the vestiges of slavery and slavery-like practices which may persist.

The Committee notes the indication by the ITUC in its observations that the police and the judicial authorities have shown themselves to be resistant to investigating or initiating prosecutions following allegations of slavery lodged by victims or associations. According to the ITUC, several cases of slavery reported to the authorities have been reclassified as less serious offences. In other instances, cases have been resolved through informal settlements. While recognizing the importance of the adoption of the 2015 Act and the ruling handed down by the criminal court of Nema, the ITUC considers that the sentence imposed is light in relation to the gravity of the crime committed.

As the mission emphasized in its report, the Committee considers that it is indispensable for the three special criminal courts to operate effectively throughout the territory and to be provided with the necessary personnel and adequate material and logistical resources. The Committee recalls that, under the terms of Article 25 of the Convention, States are required to ensure that the penalties established by law for the exaction of forced labour are really adequate and are strictly enforced. The Committee therefore trusts that the Government will pursue the significant efforts already being made to reinforce the judicial system and that it will take the necessary measures to enable the special criminal courts to render justice so as to ensure that no cases of slavery go unpunished. Considering that to achieve this objective it is indispensable to reinforce the whole of the criminal investigation and prosecution system, the Committee requests the Government to indicate the measures taken to continue raising awareness and training the actors responsible for law enforcement and for the creation of specialized units in the Office of the Public Prosecutor and the forces of order. It is essential that these authorities are in a position to gather proof, assess the facts correctly and initiate the corresponding judicial procedures. Finally, the Committee requests the Government to provide information on the number of cases of slavery reported to the authorities, the number of those cases which resulted in judicial action, and the number and nature of the convictions handed down. The Committee recalls in this respect that the penalties imposed must be commensurate with the seriousness of the crime committed in order to be of a dissuasive nature. Please also indicate whether victims of slavery have been compensated for the damages suffered, in accordance with section 25 of the 2015 Act.

(b) Assessment of the real situation in relation to slavery

The Committee previously emphasized the complexity of the phenomenon of slavery and its vestiges and the necessity for the Government to take action within the framework of a coordinated global strategy. In this regard, the Committee notes that the direct contacts mission considered that a number of specific elements brought to its knowledge prove that slavery exists in Mauritania. The mission emphasized that “slavery and the vestiges of slavery are two phenomena which do not cover the same situations, do not have the same scope and call for different targeted measures. It is important to identify these two phenomena better. A qualitative and/or quantitative study should make it possible to provide a specific and objective basis for the discussions, thereby calming the debate and demystifying the issue at both the national and international levels.” The Committee notes in this regard the Government’s indication that it has included as a priority action in the technical cooperation project developed with the Office the preparation of a study which would make it possible to collect sufficient and reliable data on the alleged practices of slavery and in general on forced labour. The Committee also notes the reference by the ITUC to the fact that certain authorities deny the existence of slavery and do not recognize the “vestiges” of slavery. The ITUC considers that such statements send a prejudicial message to the authorities responsible for the enforcement of the legislation to combat slavery.

The Committee recalls that both the Committee of Experts and the Conference Committee have been emphasizing for several years the importance of conducting research work to provide a qualitative and quantitative analysis of the situation with regard to slavery in Mauritania. The Committee hopes that the Government will not fail to take the necessary measures to conduct a study that will enable it to be in possession of reliable data on the nature and prevalence of slavery-like practices in Mauritania. The Committee hopes that these data will provide a basis for improving the planning and targeting of public interventions with a view, on the one hand, to reaching out effectively and protecting persons who are victims of slavery and, on the other, determining more effectively the measures intended to combat the vestiges of slavery.

(c) Inclusive and coordinated action

With regard to the need to adopt a global coordinated approach, the Committee previously noted that action to combat slavery and its vestiges falls within the purview of the roadmap to combat the vestiges of slavery, responsibility for the implementation and follow-up of which lies with a Ministerial Committee chaired by the Prime Minister. The Committee notes the Government’s indication that 70 per cent of the recommendations contained in the roadmap have been implemented. Many awareness-raising activities have been carried out in collaboration with civil society and the religious authorities, such as: the awareness-raising caravans which have travelled throughout the territory (ten of the 15 regions of the country); the organization of seminars and discussions on the radio and television to raise awareness of the unlawful nature of slavery; the position taken by the Uléma community concerning the prohibition of slavery and the decision to harmonize Friday prayers, which for several months addressed the position of Islam in relation to the prohibition of slavery. With regard to action to combat poverty, the Committee notes that the Tadamoun Agency (National Agency to Combat the Vestiges of Slavery) is continuing to develop programmes targeting zones in which there is little state presence and zones in which the descendants of slaves (adwabas) are concentrated, and particularly the Triangle of Hope. The objective of these programmes is to provide basic services in the fields of sanitation, education and health. The programmes implemented are also aimed at providing the population with means of production. Finally, with reference to education, the Committee notes the action undertaken in priority education areas, and the apprenticeship programmes developed for teenagers who have never gone to school.

The Committee notes that the mission welcomed the efforts made by the Government in these fields. It also welcomed the multisectoral approach and the inter-ministerial coordination which have been introduced to combat slavery and its vestiges. However, the mission emphasized that this coordination should be accompanied by greater communication and visibility of the action taken. This action must form part of an inclusive approach involving the social partners and civil society. In this respect, the Committee notes the complaint by the CGTM of the absence of dialogue, particularly with representative trade unions, which risks compromising government programmes and the efforts made to combat slavery and its vestiges.

The Committee hopes that the Government will continue to implement all of the recommendations contained in the roadmap and that the Inter-ministerial Technical Committee will undertake an evaluation of the impact of the measures taken in this context. Recalling that action to combat slavery requires the broadest commitment, the Committee hopes that on the occasion of this evaluation and the determination of further action, the Government will continue to collaborate with civil society and the religious authorities, and that it will associate the social partners with such action. The Committee also hopes that the Government will continue to provide the Tadamoun Agency with the necessary resources to combat the vestiges of slavery, which are manifest in the poverty, dependence and stigmatization of which the descendants of slaves may be victims.

(d) Identification and protection of victims

The Committee previously emphasized that the victims of slavery are in a situation of great vulnerability which requires specific action by the State. The Committee notes the observation by the mission in its report that the relation between victims and their masters is multidimensional. Their economic, social and psychological dependence varies in degree and results in a broad range of situations that call for a series of complementary measures. Victims are not aware of their rights and may come under very strong social pressure if they denounce their situation. The mission considered that it would be appropriate to establish a mechanism to provide shelter for presumed victims as soon as they lodge a complaint or are identified. The Committee expresses the firm hope that the Government will continue the action taken to delegitimize slavery with a view to reaching out to all the persons who may be concerned, whether they are masters or slaves. The Committee requests the Government to indicate the measures taken to ensure that victims who are identified or who denounce their situation are assisted and protected so that they can assert their rights and stand up to any social pressure exerted upon them. Please indicate whether the creation of a public mechanism to provide shelter to victims is planned and specify the manner in which the authorities collaborate with associations that protect and defend slaves. Finally, the Committee requests the Government to specify the assistance provided to victims so that they can reconstruct their lives and to prevent them returning to a situation of dependence in which they are stigmatized and vulnerable to abuse.