Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee recalls that the question of the persistence of slavery in Mauritania has been discussed for many years, and most recently in 2003 in the Committee on the Application of Standards of the International Labour Conference.

1. The Committee notes the information provided by the Government in its report of 28 September 2004 and the report of the direct contacts mission which visited the country from 9 to 13 May 2004. The Committee also notes the comments on the application of the Convention provided by the World Confederation of Labour (WCL) on 30 August and 2 September 2004, which were forwarded to the Government on 1 and 13 September 2004, respectively, as well as the comments made by the International Confederation of Free Trade Unions (ICFTU) on 1 September 2004, which were forwarded to the Government on 14 September.

Eradication in practice of the vestiges of slavery. 2. For many years, the Committee has been examining the issue of those persons, descended from former slaves, who, according to the comments received from workers’ organizations on the application of the Convention, are subjected to conditions of labour which are covered by the Convention in so far as they are obliged to work for a person who claims the right to be able to impose such work in his or her capacity as "master". The Committee notes the adoption of the new Labour Code, which entered into force on 6 July 2004, according to the information provided by the Government. Section 5 of the new Labour Code establishes a general prohibition of forced labour, defined as work or service which is exacted from a person under the menace of any penalty and for which the said person has not offered her or himself voluntarily. The Committee notes with interest that this new provision extends the prohibition of forced labour to any labour relationship, even where it is not derived from an employment contract.

Persistence of the phenomenon. 3. In its previous observation, the Committee noted the serious and concordant allegations of certain trade union organizations reporting the persistence of slave-like practices, and the vestiges of slavery that has been abolished in law, which were not acknowledged by the Government. The Committee notes in this respect that, according to the report of the direct contacts mission, "for the government authorities of Mauritania, the practice of forced labour is entirely exceptional, and in any case not more developed than in certain major cities in the industrialized world" and that in the view of the Employers’ National Council of Mauritania (CNPM) and the Workers’ Confederation of Mauritania, "these practices do not exist". It further notes that, according to the Government’s report of September 2004, the issue of slavery in Mauritania is raised in the context of a campaign of deception and is based on fanciful allegations.

4. The Committee nevertheless notes that, according to the report of the direct contacts mission, in the view of the General Confederation of Mauritanian Workers (CGTM), "the views expressed and the texts are not given effect" and, according to the Free Confederation of Mauritanian Workers (CLTM), "situations of forced labour are widespread in Mauritania". The Committee further notes the report of the organization SOS-Slaves in 2004, attached to the comments of the WCL and the ICFTU. In the view of the WCL and the ICFTU, forced labour continues to exist in Mauritania and the numerous cases reported in the document of SOS-Slaves bear witness to this fact. According to the report by SOS-Slaves "practices of slavery are still very common in Mauritania, despite the legal texts abolishing it; state employees, due to their conservative attitudes, are insensitive to the scandalous nature of slavery and there is collusion between "masters" and the judicial system". The information contained in this exhaustive report, which has been forwarded to the Government, describes many cases in which victims are identified by name and their situation is described in detail. The Committee notes that in its reply to its previous comments, the Government indicates that these allegations are of a general nature "reflecting the point of view of a trade union, the CLTM, which is making use of this subject for political purposes". The Committee requests the Government to provide detailed information in its next report on the investigations carried out into the specific cases described in the report of SOS-Slaves and the solutions that are adopted.

Article 25 of the Convention. Penalties. 5. The Committee notes that violations of the general prohibition of forced labour now set forth in section 5 of the Labour Code referred to above are punishable by the penal sanctions established by Act No. 2003-025 of 17 July 2003 punishing the trafficking of persons. It observes that, in relation to the penalties applicable under this provision, it is necessary to refer to the Act on trafficking. In this respect, the Committee refers to the concerns expressed in the report of the direct contacts mission concerning a combination of texts which is "not very transparent on an internal level and involves the risk of the defective application of the law by the judicial system". Indeed, the general prohibition of forced labour is contained in the Labour Code and the penalties in a specific law penalizing another offence.

6. The Committee further notes that no reference is made to the specific situation of persons in the households of former masters who are denied their freedom of movement and their freedom to work elsewhere. As indicated in the report of the direct contacts mission, "the importance of the effective exercise of their right of redress by the victims of forced labour is decisive, particularly in ambiguous situations which can only be qualified as forced labour where persons who wish to avail themselves of their right of freedom of choice come up against pressure or threats by the ‘master’ in whose household they live and on whom they depend". It further notes that, according to the same report, "the government authorities, and particularly the Minister of Justice and the Human Rights Commissioner, have emphasized their will to address without complacency the cases submitted to them". The Committee notes the information concerning two cases of forced labour which came before the Commissariat for Human Rights. The report of the direct contacts mission also refers to the action taken by the Government at the level of its economic and social strategy to combat poverty and its contribution to addressing the vestiges of slavery and the prevention of any forced labour practices. The Committee encourages the Government to put in place, with the assistance of the ILO, an information and awareness-raising campaign to sensitize all elements of the population, including those who are the most susceptible to being victims of forced labour.

7. The Committee hopes that this first step in the adoption of adequate and strictly enforced penalties, as required by the Convention, will lead to the adoption of provisions setting forth in the same text the prohibition of forced labour and the applicable penalties. In the meantime, the Committee requests the Government to provide information on the jurisdictions that are competent to receive complaints and the penalties imposed under section 5 of the Labour Code and the Act on trafficking, including the number of complaints lodged and copies of the respective court decisions.

Application of the legislation prohibiting forced labour. 8. The Committee notes that the report of the direct contacts mission refers to the absence of a mechanism for the enforcement of labour legislation, and particularly to the very scarce resources allocated to the labour inspectorate. Furthermore, it notes that, during the mission, all the parties acknowledged the importance of social dialogue in seeking a more effective application of workers’ rights in the country, including through the ratification and application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee encourages the Government to continue considering this possibility and, if necessary, to request the technical assistance of the ILO.

Article 2, paragraph 2(d). 9. With reference to its previous comments concerning Act No. 70-029 respecting the requisitioning of persons to ensure the operation of services considered to be indispensable to meet an essential need of the country or the population, the Committee notes with interest the adoption of Order No. 566 MIPT/MFPE/2004, of 6 June 2004, establishing the complete list of establishments or services considered to be essential. In this respect, the Committee refers to the comments that it is making under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

10. The Committee notes the Government’s indication that a Bill has been approved to repeal Ordinance No. 62-101 of 26 April 1962 empowering local chiefs to take certain measures necessary for the security of the State or the maintenance of public order. The Committee hopes that the Government will soon be able to report the adoption of this Act.