Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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)

Autre commentaire sur C029

Observation

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The Committee notes the observations of the International Trade Union Confederation (ITUC), the General Confederation of Workers of Mauritania (CGTM) and the Free Confederation of Mauritanian Workers (CLTM), received on 1 September, 30 August and 12 June 2019, respectively. It also notes the observations of the ITUC and the CGTM received in 2018. Lastly, the Committee notes the Government’s reply to the 2019 observations of the CLTM and the CGTM, received on 21 October 2019.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

Articles 1(1), 2(1) and 25 of the Convention. Slavery and the vestiges of slavery. The Committee previously noted that in June 2017 the Conference Committee expressed its deep concern at the persistence of slavery and the low number of prosecutions brought and it urged the Government to continue its efforts to combat slavery and its vestiges. The Committee welcomed the fact that the Government had accepted a high-level mission and the continuation of the ILO technical cooperation project to strengthen the efforts made by the Government to bring an end to the vestiges of slavery. The Committee requested the Government to take the necessary measures, both in the framework of the technical cooperation project and the inter-ministerial committee responsible for implementing the road map to combat the vestiges of slavery, to implement the recommendations of the Conference Committee and those made by the Committee of Experts.

The Committee notes the report of the high-level mission which visited Mauritania in April 2018. The mission noted certain progress due to the efforts of the Government. While the Government showed the will to continue taking action to combat this divisive phenomenon, the global context in which action was being taken remained complex. The mission heard ambivalent statements and observed that the action taken was subject to different perceptions by the various stakeholders. The mission considered that the continuation of a multisectoral approach was essential to combat all the aspects of slavery and its vestiges, including discrimination. The mission recommended the Government to establish a coordination mechanism and to adopt a plan of action to combat forced labour and slavery articulated around four components: (a) support for the effective application of the Act of 2015 (Act No. 2015-031 of 10 September 2015 criminalizing slavery and punishing slavery-like practices) through the strengthening of the role and presence of the State; (b) the identification, provision of assistance and protection of victims; (c) the promotion of an inclusive approach and a better collective understanding of the action taken; and (d) awareness-raising. The Committee therefore proposes to examine these four components, which were addressed in its previous comments.

(a) Effective application of the 2015 Act. The Committee previously emphasized that the efforts made to disseminate knowledge of the 2015 Act and reinforce the training of the various actors in the criminal justice system had not in practice led to the examination of cases by the three special criminal courts with competence for slavery issues. It requested the Government to continue to take action in this respect so as to ensure that no cases of slavery go unpunished. The Committee notes that the mission welcomed the fact that several cases are before the special criminal courts and emphasized the importance of ensuring that these courts benefit from the necessary resources and stability to discharge their functions. It also observed that access to victims and their identification is still complex.

In its report, the Government refers to a number of measures, including: the circular issued by the Public Prosecutor urging all prosecutors to investigate cases of slavery more actively; free legal assistance and exemption from legal fees for victims of slavery at all stages of the procedure; the creation of legal aid offices; and the possibility available to the judges to order interim measures to protect the rights of victims. The Government adds that 35 cases have been referred to the three special criminal courts and have resulted in conciliation, the dismissal of cases, acquittals, convictions and civil damages. The East court has handed down two judgments and is due to examine around ten cases involving matters prior to the entry into force of the 2015 Act. The court in Nouakchott has dealt with ten cases since 2010 and appeals have been lodged in six others which were examined by courts of first instance. The court of Nouadhibou has dealt with seven cases (only one case is under investigation, two have been closed and three are awaiting referral by the regional criminal court). The Government also indicates that the Department of Justice is continuing to organize seminars for judicial stakeholders involved in action to combat slavery. In 2018 and 2019, training workshops were organized in Nouadhibou, Kiffa, Nouakchott and Aleg for members of the special criminal courts and magistrates of appeal bodies, investigating magistrates, prosecutors and members of the police and gendarmerie.

The Committee notes that, in the context of the technical cooperation project of the ILO, an evaluation is being prepared of the operation of the three special criminal courts, with the support of the Ministry of Justice. The objective is to be able to make recommendations for specific improvements that can be made with a view to the more effective enforcement of the 2015 Act.

The Committee notes that, in its observations, the ITUC reports several obstacles to the effective enforcement of the law: the lack of action by police officers and prosecutors when cases of slavery are reported; acts of intimidation by the police and the judicial authorities in relation to victims to persuade them to accept an amicable settlement with their former “master”; and the absence of protection measures for victims and witnesses.

The Committee notes all of these elements. It recalls that, under the terms of Article 25 of the Convention, member States are required to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and are strictly enforced. In this regard, it welcomes the fact that the three special criminal courts have before them an increasing number of cases of slavery. However, it observes that the information concerning these cases is still imprecise and that four years after the adoption of the 2015 Act only a few cases have resulted in the imposition of really adequate penalties. The Committee urges the Government to continue to take the necessary measures to strengthen knowledge of the Act of 2015 by both the public authorities and the victims and to ensure its effective application. Therefore, as indicated by the mission in its report, the Committee encourages the Government to pursue the training activities for the various actors in the enforcement system. It also emphasizes the importance of the preparation of a practical guide listing the most common elements/indicators that suggest that a person is in a situation of slavery as a means of reinforcing capacities for the identification of cases of slavery, the collection of evidence and the assessment of the facts. The Committee also hopes that the Government will take the necessary measures to ensure that the evaluation is undertaken of the operation of the three special criminal courts and requests the Government to indicate the recommendation made in this context. Please continue providing information on the number of cases of slavery reported to the authorities, the number of cases that have led to judicial action, the number and nature of the convictions handed down, the nature of the sanctions imposed, and the number of victims of slavery who have been compensated for the damages suffered, in accordance with section 25 of the 2015 Act.

(b) Identification, protection and reintegration of victims. The Committee previously noted that the identification and provision of effective assistance to victims of slavery still remained a challenge to be overcome in practice. The mission considered that it was essential to establish structures to receive victims and provide them with comprehensive assistance so that they can be provided with support in asserting their rights and reconstructing their lives free of any pressure.

The Committee notes that the Government has not provided any information on the assistance provided to victims, despite the existence of a number of cases that are before the courts. It notes that, among general social integration measures, the Government refers to: the activities undertaken by the Tadamoun Agency (the National Agency to Combat the Vestiges of Slavery); the measures taken to facilitate access to civil status of persons without filiation through 17,857 declaratory judgements respecting civil status, particularly to issue birth certificates; action to encourage families to register with schools the children of poor families and/or victims of the vestiges of slavery, within the framework of cash transfer measures; training courses, skills and employment programmes and income generation projects established for populations who are victims of the vestiges of slavery; and the reform of property ownership undertaken through the pluridisciplinary commission to reform the law on property and public land.

The Committee notes that, in its observations, the CGTM indicates that the actions undertaken by the Tadamoun Agency have only focused on the development of social and school infrastructure, without addressing the issues of prevention and the protection of victims, The CGTM observes that victims are not associated in the design or implementation of the programmes that concern them. The CLTM also refers to the absence of reception structures. The ITUC emphasizes that people who are freed from slavery do not have access to specific rehabilitation and integration measures. Faced with poverty, they are at risk of falling back into a situation of exploitation due to the lack of alternatives, or of returning to their former “masters” by reason of the psychological hold exerted in the context of slavery.

While noting the general social integration measures taken by the Government, the Committee hopes that the Government will take specific measures to ensure that the victims who are identified benefit from specific support adapted to their situation to enable them to assert their rights and rebuild their lives psychologically, economically and socially. As noted by the mission, the Committee draws the Government’s attention to the need to pay special attention to the situation of women and their children and to the possibility of envisaging the creation of a public fund for the compensation of victims. The Committee once again requests the Government to indicate the number of cases in which the Tadamoun Agency has been a party to civil proceedings, and the number of victims who have been supported by the Agency during the investigations and judicial proceedings, with an indication of the nature of the assistance provided.

(c) An inclusive approach, coordination and a better collective understanding of the phenomenon. 1. Plan of action. The Committee previously welcomed the multisectoral approach and the interministerial coordination introduced for the implementation of the road map to combat the vestiges of slavery. It requested the Government to indicate the new actions identified following the final evaluation of the impact of the measures adopted within the framework of the road map. The Government indicates that the final evaluation seminar on the implementation of the road map found that the 29 recommendations set out in the road map have been globally implemented in a satisfactory manner. The Committee notes that, in its observations, the CGTM observes that workers’ organizations were not associated with the formulation, implementation or evaluation of the road map. It adds that the absence of dialogue concerning the action to be taken for the elimination of all forms of forced labour is liable to compromise the Government’s programmes and the efforts made to combat slavery and its vestiges. The ITUC recalls in this regard the importance of the inclusion of workers’ organizations at every stage of the preparation and implementation of a plan of action.

The Committee notes the adoption of Order No. 085 of 5 February 2019 appointing the President and the members of the National Social Dialogue Council. The Committee notes that the priority issues to be covered by the National Social Dialogue Council include the development and finalization as soon as possible of a plan of action to combat forced labour and child labour with a view to the continuation of the action to be taken on the basis of the conclusions set out in the report of the ILO mission and the recommendations of the Committee on the Application of Standards. The Committee trusts that the Government will take the necessary measures to adopt without delay the plan of action to combat forced labour prepared by the National Social Dialogue Council and to ensure that it will cover all of the components examined by the Committee and the mission in its report, with a view to taking effective action to combat the multiple aspects of slavery. Recalling that action to combat slavery requires the commitment of all actors within the framework of coordinated action carried out at the highest level, the Committee also requests the Government to indicate the measures adopted to establish a coordination and follow-up mechanism for the implementation of the plan of action, and to ensure the involvement of all stakeholders, including workers’ and employers’ organizations.

2. Qualitative study. With regard to the qualitative study that is due to be undertaken within the framework of the technical cooperation project of the ILO, the Committee emphasized the importance of taking into account the issue of economic, social and psychological dependence when assessing whether a person has expressed free and informed consent to work, free of any threat of pressure. In its report, the mission emphasized that the qualitative study to be carried out would provide all of the actors involved with reliable data to guide their action and that it was essential for the Government to facilitate the process of the preparation of the study as soon as possible.

The Committee notes that, during the course of 2019, within the framework of the technical cooperation project, 12 regional workshops were organized throughout the national territory with a view to the preparation of a research protocol for the qualitative study. The objective was to identify the scope of application of the study, the categories of workers and the employment sectors at risk. The social partners were associated with the workshops. The research protocol could be validated at the beginning of 2020. The Committee notes that the ITUC, in its observations, welcomes the progress in the preparation of the qualitative study and reiterates the importance of also carrying out a study to determine the quantitative incidence of slavery.

The Committee also notes that, in its observations, the CLTM indicates that slavery continues to exist in its most archaic form involving people who remain at the disposal of their masters 24 hours a day. The CGTM refers to the subordinate relationship of former slaves who live in very difficult economic and social conditions due to the discrimination and social exclusion that has marked them and makes them vulnerable to exploitation.

Recalling the importance of the availability of reliable data on the phenomenon of slavery and the various forms of forced labour, the Committee firmly hopes that the Government will continue to take all the necessary measures so that the qualitative study can be completed as soon as possible, with ILO assistance.

(d) Awareness-raising. The Committee previously noted the awareness-raising actions taken by the Government and requested it to continue to take action, not only to raise awareness of the 2015 Act, but also to delegitimize slavery and combat the stigmatization and discrimination to which victims and their descendants are subjected. The Committee notes in this respect that the mission recommended the establishment of a multiyear intervention plan to coordinate awareness-raising activities over time and throughout the national territory, paying special attention to women, children, mayors and local actors. The Government refers once again to the awareness-raising caravans that are travelling throughout the national territory, and particularly in certain adwabas (villages), placing emphasis on the action taken to combat slavery practices. The Government adds that, with a view to reinforcing the legal framework to combat contemporary forms of slavery and any tendency to discriminate against citizens, an important legislation has been adopted to repress any discriminatory practices that may emerge in the country.

The Committee notes that the ITUC, in its observations, continues to refer to the obstacles encountered by certain civil society organizations working in the field of action to combat slavery and its vestiges, and refers to acts of intimidation and the difficulties encountered by certain organizations concerning their registration.

The Committee requests the Government to continue undertaking awareness-raising activities on the issue of slavery throughout the national territory. The Committee also requests the Government to associate all the stakeholders, including the local authorities, so that the firm will of the State on the issue of action to combat slavery, its vestiges and discrimination is communicated and understood at all levels. The Committee also requests the Government to ensure that persons and organizations that combat slavery can act freely and without fear of reprisals.

Noting that the Government has not provided its first report on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, the Committee requests the Government to provide it with its next report on the application of the Convention.