Individual Case (CAS) - Discussion: 2010, Publication: 99th ILC session (2010)

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

A Government representative said that all the recommendations of the fact-finding mission that visited Mauritania in 2006 had been implemented and as a result considerable progress had been made in a number of areas. For example, a law criminalizing and penalizing forced labour had been adopted in 2007 and a public-awareness campaign had been organized throughout the territory. In addition, the capacities of the National Human Rights Commission (NHRC) had been enhanced and an ambitious programme had been introduced to combat the vestiges of slavery.

The adoption of Act No. 2007/48 criminalizing and penalizing slave-like practices was followed up by a vast public-awareness programme that included the organization of seminars and meetings on the Act’s goals and content. The seminars were open to the public, the territorial administrative authorities, the judicial authorities, the police, the ulemas and prominent citizens. A national public-awareness campaign was also organized in which all the parties concerned were involved, in particular human rights organizations, elected officials and judicial authorities and which was conducted in all administrative centres in every wilaya. In 2009 regional workshops were held in the wilayas of Brakna, Assaba and Gorgol.

The Government was aware of the link between slave-like practices and poverty and since March 2009 had been implementing a programme aimed at eliminating the vestiges of slavery, with a budget of 1 billion ouguiyas made available from the State’s own financial resources. The programme was designed to reduce economic and social inequalities and to improve the living standards and conditions of emancipation of the population affected by traditional practices and the vestiges of slavery. Under the programme, more than 1,000 events involving over 93,000 people were organized in 282 locations.

The speaker also provided information on the current Programme on Conflict Prevention and Social Cohesion in Mauritania, which had allowed identifying development projects for certain regions and organizing regional workshops on the prevention and management of conflicts, one of which was aimed at women leaders.

With regard to the legal and judicial assistance for vulnerable groups provided for in sections 12 and 15 of the 2007 Act, which was a particular concern of the Government, a project financed by the Japan Social Development Fund had been launched to strengthen the institutional capacity of human rights organizations, so as to promote the access of the poor to justice. The administrative and judicial authorities had also been instructed to maintain reliable statistics of infringements of the law and of the action taken. The statistics would be communicated to the ILO along with the Government’s next report on the Convention.

To conclude, the speaker stated that the question of the vestiges of slavery was central to the President’s policy and that clear instructions had been given on the subject to all members of the Government. Despite the political difficulties that the country had had to cope with, the Government was determined to eradicate all vestiges of slavery, and hoped to be able to count on the ILO’s technical assistance to this noble end.

The Worker members stated that the case had been examined for the first time in 1982, and for the last time in 2005, so five years ago. The Committee of Experts had taken note of the progress made on the legislative level with the adoption of Act No. 2007/48 criminalizing and penalizing slave-like practices. This Act constituted an important step forward in the fight against forced labour in the country, albeit not sufficient.

For numerous years, the Committee of Experts had been examining the issue of persons who were descendants of former slaves and were subjected to labour conditions covered by this Convention, since they were obliged to work for a master. The continued existence of that type of forced labour was further highlighted in the reports of different non-governmental organizations such as SOS Slavery and the NHRC which worked on the issue. Such information revealed that forced labour was structural and widespread in Mauritania and that the phenomenon of slavery was deeply rooted in the country’s history, and was considered as an integral part of society. Slavery existed in different groups of the population and had different forms. It affected thousands of children, men and women who were living in inhumane conditions in Mauritania. It was precisely those conditions that needed to be addressed, since they pertained to the Convention. Being descendants of slaves, they had an inferior status by birth, worked as peasants, shepherds and domestic workers, were completely dependent on their master for their survival, and could not refuse executing certain tasks. It was thus shocking to note that the Government was of the view that the problem pertained to vestiges of an overcome social system, or that it involved isolated cases, and that slavery had disappeared from Mauritanian society.

The Act of 2007 constituted a positive step, and could be seen as a signal of the Government’s recognition of the existence of the problem. Laws existed, but actions needed to follow. It was thus important that the Act be known among the population, especially to the victims, to the organizations defending them, as well as to the authorities in charge of enforcement so that legal proceedings could be initiated in an effective manner and harsh sanctions be imposed. The Act stipulated sanctions but it was unknown whether such sanctions had been imposed in practice. The Government had also been requested to give detailed information on whether the victims could freely, without danger of reprisal, turn to the police and the judicial authorities with a view to asserting their rights, and whether the authorities conducted the investigations in a rapid, effective and impartial manner.

Besides the administrative and judicial measures, it was necessary to adopt economic, social and educational measures so as to enable victims to acquire the necessary autonomy for reintegration. Trade union organizations, non-governmental organizations (NGOs) and other relevant organizations should participate in a plan of action aimed at eradicating this form of forced labour.

The Worker members took note of the national programme to combat the vestiges of slavery which had been put in place, and requested information on its application, and its impact. As the problem went beyond the vestiges of slavery, and pertained to practices which were still widespread, affecting thousands of persons, the Government had to formulate a plan of action consisting of concrete commitments and a well-defined timetable to bring its practice into conformity with the Convention. In this context, the Government was requested to: (1) strengthen the efforts to raise awareness of the Act and on slavery; (2) put in place mechanisms to facilitate victims’ access to the judicial system, enabling them to escape the situation of dependency; (3) collaborate with trade union organizations, NGOs, and other social and civil society organizations; (4) formulate an economic and social plan of action to combat poverty and slavery; and (5) provide concrete information on the measures taken in its next report on the application of the Convention.

The Employer members recalled that the Committee had analysed the case for the sixth time and that the most recent discussion had taken place in 2005. They took note of the observation of the Committee of Experts, which stressed the following. In 2006, an ILO mission was carried out, which had permitted to observe some positive changes as regards the Government’s commitment to combat slavery and its consequences and, in 2007, Act No. 2007/48 criminalizing and penalizing slave-like practices had been adopted. That Act defined and criminalized the concept of slavery and provided for penalties of five to ten years of imprisonment. It also created a series of related offences such as the appropriation of the benefits resulting from the labour of a purported slave or deprivation of access to education for children who were purported slaves. Public officials who did not follow up reports of slave-like practices were subject to imprisonment and fine. If the Committee of Experts felt that the adoption of that law was a first step, then this indicated that the real challenge consisted of its effective application. The Government reported a campaign to promote awareness about the contents of the law implemented in 2008 with the participation of public and religious organizations, the NHRC and NGOs. Despite the fact that Article 25 of the Convention required that States ensure the effectiveness of their standards and apply effective penal sanctions to cases of forced labour, the Government had not reported complaints submitted by victims or the commencement of legal actions. In 2008, a technical assistance mission visited Mauritania and studied the follow-up to the recommendations of the investigation mission. It was informed that the NHRC had received several complaints relating to slavery. Furthermore, in its report, the Government indicated that it had not adopted the national strategy for combating slavery because of a lack of agreement with the United Nations Development Programme (UNDP) and the European Union concerning the required financing. The Committee of Experts also declared that the Government did not have reliable data in order to evaluate the extent of the phenomenon.

The Employer members stated that they appreciated the information provided by the Government about efforts to implement the Convention. Nonetheless, the scourge of forced labour continued to spread in Mauritania, but its extent was unknown because of a lack of reliable data. The country had made progress in adopting legislation, from the approval of an initial decree abolishing slavery in 1905 to the 2004 Labour Code, which prohibited all forms of forced labour. The problem was not a question of regulation but of practical application of related domestic legislation by the state authorities. It was important that the Government provided information about the appropriate jurisdiction for receiving complaints, the number of complaints received and the sanctions imposed.

A Worker member of Mauritania declared that slavery existed and continued in all its forms in Mauritania with the complicity of political leaders. Harassment, intimidation and discrimination in employment had become common practice on the part of the administration, police and judiciary, which synchronized their actions to perpetuate the feudal system of slavery. In 2007, the Government adopted a law criminalizing and penalizing slave-like practices, and a vast campaign of awareness had been undertaken, but the actions and measures taken in 2007 had been abandoned in practice. However, following adoption of that 2007 law, many slaves who wanted to leave their masters had requested assistance, and several missions of the NHRC and SOS Slavery Mauritania, as well as the Independent Confederation of Mauritanian Workers (CLTM), had been carried out in Mauritania. Concrete cases existed and were documented in the reports of those organizations. In conclusion, the speaker stressed that, despite the absence of structures for receiving former slaves and of any material assistance, and of any real political will to curb slavery, slaves continued, nonetheless, to express their desire to leave their master.

Another Worker member of Mauritania recalled that a law criminalizing slave-like practices had been adopted in 2007 and that public-awareness committees had travelled all over the country explaining its content and emphasizing that this law was mandatory. As the Committee of Experts had stated, slave-like practices were linked to traditional social customs. Combating those practices was a long-term proposition, and regular and generalized campaigns needed to be conducted in all social circles to convince people at the grass-roots level that all citizens were equal. The recent changes in the composition of the NHRC, which did not include the most representative NGOs independent of the Government and trade unions, were a cause for concern. A radio broadcast on slavery had been censored only the week before. In his opinion, the State was responsible not only for enforcing the law but also for involving both the citizens and the victims in any policy to combat slavery. If everyone concerned (former victims, former slave owners, citizens) were to be heard, then all available means of communication such as television and radio should be made use of. Finally, Mauritania’s partners in development must support its implementation of participatory development programmes so that the victims of slavery could become autonomous.

The Employer member of Mauritania stated that important progress had been made which was clearly the result of the organization of awareness campaigns and the adoption and implementation of legislation and regulations, including the law of 2007 reflecting the requirements of the Convention. That progress was also reflected by the significant accomplishments of the NHRC and had been consolidated through the conduct of many projects to combat precariousness and poverty. Mauritania did not deserve to be called before the Committee but rather merited being encouraged and receiving technical assistance in order to continue its efforts to apply the Convention.

The Worker member of Colombia recalled that Mauritania had ratified the Convention in 1961 and that slavery had been outlawed in the country with the incorporation of the Universal Declaration of Human Rights into the national Constitution. He nevertheless expressed concern about the non-application of legislation in practice, as could be seen from the complaints submitted by the Mauritanian League for Human Rights and the fact that many people were still being kept in slavery. Despite certain gaps, Mauritanian law provided the Government with sufficient tools to eradicate slavery once and for all. Unfortunately, the persistence of slavery was a phenomenon seen in many countries in the forms of debt bondage, prostitution, renting of children and other even more unacceptable forms. He took note of the awareness-raising campaigns mentioned by the Government, but expressed concern about the Government’s statements that no national strategy to fight slavery had yet been prepared, at a time when firm commitment to eradicating forced labour practices was more vital than ever.

The Government representative stated that Mauritania considered itself to be a “State of Law” and, to that effect, mechanisms had been included in the Act of 2007 in order to ensure its application. The provisions of the Act clearly sanctioned authorities which did not follow up cases of violations. Moreover, NGOs and trade unions had the right to make denunciations and benefit from free judicial proceedings. The NGOs and trade unions concerned were members of the NHRC and the Social and Economic Council, and were therefore a party to all matters within the remit of these organizations. Although the national strategy to combat the vestiges of slavery had not yet been adopted for financial reasons, it was important to reiterate that the Government had recently launched two major programmes the main activities of which had already been presented. Finally, he called on the trade unions to join the Government in its fight to achieve human dignity.

The Worker members stressed that the Economic and Social Council to which the Government representative had referred was not yet operational and that independent NGOs were not represented therein. The information provided by the Government covered issues that dated from before the coup d’état and the current Government had not yet taken steps forward. While progress had been made on the legislative level, the practical implementation was problematic. The Government needed to establish an action plan including commitments and a precise timetable, in order to prove its real willingness to end slave-like practices. Consequently, the Government had to take all measures required to achieve progress through the following: (1) reinforcement of its efforts to promote awareness about the 2007 Act, in particular regarding vulnerable groups; (2) establishment of mechanisms that allowed victims to assert their rights and break out of a situation of dependence; (3) cooperation with trade unions, NGOs and other organizations that provided assistance to those persons; (4) implementation of an economic and social action plan to combat poverty and slavery; and (5) provision of concrete information about the efforts made in the next report on the application of the Convention.

The Employer members observed that forced labour appeared to be a persistent problem in the country. They recalled that Convention No. 29 was one of the eight fundamental ILO Conventions and, as such, was a key aspect of decent work. According to Article 1 of the Convention, any State which ratified the Convention undertook to suppress the use of forced or compulsory labour in all its forms within the shortest possible period. In Mauritania’s case the problem was not one of standard setting but one of effective implementation of national legislation. A national plan to combat slavery and provide assistance to those subjected to it was therefore necessary. Labour inspection needed to be strengthened in order to improve monitoring in both the formal and informal economies. A public-awareness campaign should also be organized. Given the contradictory information on the extent of forced labour practices, it was fundamental that there be reliable statistics to describe accurately the extent of the problem of forced labour. The Government should also provide detailed information on the judicial authority responsible for receiving complaints, conducting proceedings and imposing sanctions. Finally, the Employer members called on the Government to continue requesting technical assistance from the ILO and other donors in order to overcome the difficulties in the application of Convention No. 29.

Conclusions

The Committee noted the statement by the Government representative and the discussion that followed. The Committee recalled that it had discussed the present case on several occasions and that a fact-finding mission had visited Mauritania in 2006, at the request of the Conference Committee.

The Committee observed that the Committee of Experts had noted a number of positive developments which demonstrated the Government’s commitment to combating slavery and its vestiges, and particularly the adoption of Act No. 2007/48 criminalizing and penalizing slave-like practices and the awareness-raising campaign undertaken following the adoption of the Act. The concerns of the Committee of Experts principally related to the effective implementation of the Act in practice, including the lack of information showing that victims were able to assert their rights.

The Committee noted the information, including statistical data, provided by the Government representative on the programme for the eradication of the vestiges of slavery, which had commenced in March 2009 and was targeted at reducing economic and social inequalities by improving means of existence and the conditions for the emancipation of the population categories affected by slavery and its vestiges. The Committee also noted the information on the awareness-raising activities undertaken and the legal and judicial assistance measures for vulnerable social groups. It further noted that the Government had requested technical assistance from the Office.

The Committee expressed awareness of the fact that slavery and its different manifestations had various causes which had their origins in the weight of tradition, culture and beliefs, and were aggravated by the economic situation. Considering that it was an issue that first needed to be addressed by Mauritanian society as a whole, the Committee called on the Government to play a key role in raising the awareness of the population and the authorities in relation to the issue and to adopt, in the very near future, a national plan to combat slavery, in close collaboration with the social partners and independent civil society organizations that were active in this field.

The Committee expressed concern at the absence of information concerning cases brought to justice. It considered, in the same way as the Committee of Experts, that this tended to show that victims were still encountering problems in being heard and asserting their rights. The Committee urged the Government to take all appropriate measures to ensure that victims were in practice in a position to turn to the police and the judicial authorities to assert their rights and that rapid, effective and impartial investigations were carried out. The Committee requested the Government to provide information on the number of complaints made to the competent authorities or to NGOs, the manner in which such complaints were dealt with and the judicial procedures set in motion.

While considering that the measures adopted to combat poverty were an important element in the strategy to overcome slavery, the Committee hoped that the Government would take into account the fact that the programmes implemented needed to have the objective of ensuring the economic independence of those who were victims of slavery and to include support and reintegration measures for victims. The Committee requested the Government to take measures to improve the economic situation of the most vulnerable categories of the population so that they could escape from the vicious circle of dependence. The Committee requested the Government to provide information on the measures adopted in this respect in its next report on the application of the Convention, including reliable quantitative and qualitative information on the characteristics of slavery and its vestiges in Mauritania, and particularly on the population affected and the geographical areas concerned.

Finally, noting that the Government had reaffirmed its commitment to eradicate slavery and its vestiges, the Committee hoped that the Committee of Experts would be able to note the progress achieved in its next examination of the case and for that purpose it requested the Office to provide all appropriate technical assistance, as requested by the Government.