Individual Case (CAS) - Discussion: 2017, Publication: 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)



A Government representative emphasized that Mauritania was appearing for the second successive year before the Committee, which therefore offered the Government the opportunity to share information on the efforts made and the projects implemented to give effect to the recommendations made at the previous session of the Conference. The Government had benefited from ILO technical support and welcomed the establishment of a support project for the implementation of Act No. 2015-031 of 10 September 2015 criminalizing slavery and punishing slavery-like practices (hereinafter the 2015 Act). The four-year project was reinforcing the efforts made by the Government to bring an end to the vestiges of slavery. It covered: public awareness raising and knowledge of the problem of forced labour; the improvement of national policies and legislation on forced labour, their application and evaluation; and access to productive programmes for the victims of forced labour. Following broad dialogue involving all the stakeholders, with the support of the international community, Mauritania had adopted a roadmap in 2014 to combat the vestiges of slavery. The roadmap included 29 recommendations covering three main components: revision of the legal and institutional framework; awareness raising; and economic and social programmes. Responsibility for the implementation of the recommendations had been entrusted to an Inter-ministerial Committee, chaired by the Prime Minister, supported by a technical follow-up commission composed of representatives of the various departments and institutions concerned and other bodies. With regard to the legal component, reference should be made to: the adoption of the 2015 Act and the establishment of three special criminal courts competent in matters relating to slavery (in Nouakchott, Nouadhibou and Nema); the updating of the regulations on legal assistance and the establishment of legal aid offices; the revision of the legal framework respecting private and common land; the adoption of specific follow-up measures to the policy for the enforcement of court rulings for the recovery of damages granted to victims; the adoption of a national gender mainstreaming strategy and the training of NGOs in this field; the formulation of a Children’s Code; the general establishment of regional child protection round tables; the formulation of a framework Bill on gender-based violence; the implementation of a dialogue forum to facilitate the registration of persons without family status documents; the implementation of a National Plan of Action to combat child labour; the reinforcement of the capacities of the labour administration; the adoption of a code of practice for foreign companies operating in Mauritania and the introduction of regular controls in such enterprises; and the revision of the Act on the status of magistrates.

In the field of awareness raising, reference should be made to the awareness-raising campaigns undertaken concerning the rights of targeted persons, those for civil society and those for religious leaders and traditional chiefs; the implementation of a National Communication Strategy to combat the vestiges of slavery; the development of networks and press associations on action to combat the vestiges of slavery; the adoption of a Fatwa de-legitimizing slavery; the dissemination of a code of practice for enterprises; the inclusion of a training module on human rights and action to combat the vestiges of slavery for Imams and in literacy programmes; the broadcast of radio and television programmes on the unlawful nature of slave practices; training and awareness raising for judges and law enforcement officers on the 2015 Act; and the holding of a national day to combat the vestiges of slavery. The final component of the roadmap was devoted to the social and economic fields, with the most tangible action in the fields of education, the establishment of credit lines to facilitate the financing of income-generation activities, targeted vocational and skills training for young persons from adwabas and support to national NGOs for the implementation of development projects for persons affected by the vestiges of slavery. Progress had also been made in the implementation of the recommendations of the October 2016 direct contacts mission. With reference to the qualitative and/or quantitative study intended 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”, its terms of reference were being approved. Effect had also been given to the recommendation to provide the necessary personnel and adequate material and logistical resources for the three special courts, as equipment had been installed and the personnel had received training. With regard to the need to establish a support structure for victims as soon as they registered complaints or were identified, this function was ensured by the Tadamoun Agency for inclusion and action to combat the vestiges of slavery and by civil society organizations, which received State subsidies for that purpose. In the social and economic field, the Tadamoun Agency was continuing its programmes and its budget had been increased to improve the pace of implementation. The mission had also recommended the Government to undertake an evaluation of the implementation of the roadmap. The evaluation had been carried out in April 2017 and the progress achieved had been highlighted above. The last recommendation of the mission referred to the need to involve the social partners in follow-up action to combat the vestiges of slavery. That was now being carried out by the Roadmap Follow-up Committee, which had been expanded to take this function into account. With regard to the presence of the social partners in the governing board of the Tadamoun Agency, the Decree appointing its members would be revised to take into account the need for greater inclusiveness. In conclusion, he recalled the finding of the direct contacts mission that significant progress had been made. All of the information provided demonstrated the efforts made in Mauritania to bring an end to the vestiges of slavery and all forms of exclusion and marginalization. Efforts would be continued to complete the work, guarantee the dignity of all Mauritanian nationals and offer them opportunities for development.

The Worker members reiterated their deep concern at the situation that existed in Mauritania with regard to combating slavery, the worst form of forced labour. The recurrence of the case of Mauritania reflected that concern. One of the key tasks of the Committee was to consider how far international labour standards were being implemented in practice on the ground. In the case of Mauritania, there was a colossal gap between statements of intent and their implementation in practice. The organization of the direct contacts mission in October 2016 had not allayed the Workers’ concerns. To follow up the conclusions adopted by the Committee in 2016, the Government should have set up a national statistical inquiry on slave labour in order to have objective data enabling the authorities to grasp the scale of the phenomenon and determine the specific action that needed to be taken. Statistical information of that type would enable a discussion to be held on the basis of detailed and objective data. The adoption of the 2015 Act was testimony to the Government’s willingness to tackle the problem of slavery-like practices. Unfortunately, the initial feedback on the practical implementation of the new legislation was not reassuring. The establishment of three special courts signified major progress. However, as pointed out by the Committee of Experts, in addition to the special courts, it was the whole criminal justice system that needed to be reinforced and provided with all the necessary resources to leave no case of slavery unpunished. The creation of a prosecutor’s office and a police corps specializing in slavery-related issues might also be a positive step forward. The first ruling handed down by the Special Court in Nema, which had sentenced two persons to five years’ imprisonment, of which four were suspended, did not appear in conformity with the provisions of Article 25 of the Convention, which required the Government to ensure that the penalties imposed by law were really adequate. A one-year prison sentence could not be reasonably considered a truly dissuasive penalty and was in no way commensurate with the gravity of the crime of slavery. Such a penalty would not help to eradicate slavery-like practices. The same court had also upheld an amicable settlement between a person guilty of slavery-like practices and the victim, with the latter withdrawing the complaint. That sent out a very wrong message, as it indicated to any persons perpetrating those practices that they could escape criminal prosecution by reaching an amicable settlement with their victims. The Government should also provide statistical data on prosecutions and their outcome so that the progress made in combating slavery-like practices could be assessed. The Government should commit itself fully to implementing in practice the measures adopted to combat slavery and should seize the opportunity offered by the Bridge project, the implementation of which, until September 2019, would provide crucial support to bring an end to slavery-like practices.

The Protocol of 2014 to the Forced Labour Convention, 1930, established the obligation to provide victims of forced labour with protection and access to appropriate recourse and effective remedies, such as compensation. To fulfil that obligation, the Government needed to be able to identify victims. That task was particularly difficult since the situations of dependence were so varied. It was to be feared that a large number of persons in situations of slavery were not even aware of the nature of their situation and did not report it. Awareness-raising campaigns to reach all victims of slavery-like practices were therefore essential. Once the victims were identified, the Government needed to able to guarantee them protection to enable them to take steps to report the slavery-like practices affecting them, without fear of reprisals or social exclusion. The 2015 Act was a partial response to the obligation to provide protection and it would be beneficial if the Government supplied information on the application in practice of such protection measures and the results achieved. Regarding the roadmap adopted in 2014, the Government affirmed that 70 per cent of the recommendations had been implemented. However, the lack of clear qualitative indicators enabling objective measurement of the changes that had occurred in practice was a major source of concern. Many actors on the ground were in agreement that there were very close links between poverty and education, on the one hand, and the survival of slavery-like practices, on the other. The actions of the Tadamoun Agency were therefore crucial in providing victims with support and enabling them to escape their situations of dependence. The Government needed to continue to provide the agency with the necessary resources so that it could carry out its mission and give priority to assisting former slaves. Representative workers’ organizations and civil society bodies should also be able to take part in discussions on policies to combat slavery and the vestiges of slavery. Representative workers’ organizations were not represented on the Inter-ministerial Committee responsible for implementing the roadmap or in the Tadamoun Agency. The Worker members expressed their deep concern at the arrest of activists of the Mauritanian Initiative for the Resurgence of the Abolitionist Movement (IRA), who had been sentenced to heavy prison terms. Abolitionist activists Moussa Ould Bilal Biram and Abdallahi Matala Salek had initially been sentenced to 15 years’ imprisonment, before the courts had reduced the sentences to three years. It was shocking that the prison sentences imposed on abolitionist activists were heavier than those given by the special courts to the perpetrators of slavery-like practices. The latest arrests of leading IRA members had been on 2 May 2017. The ILO could not tolerate such practices. A demand needed to be addressed to the Government to stop the repression of organizations engaged in combating slavery, to quash the arrests and convictions of activists from these organizations, and to order the immediate release of activists who were still being detained. The Government needed to work in close collaboration with the organizations engaged in combating slavery, instead of suppressing their activities.

The Employer members emphasized that the eradication of forced labour was a requirement under international law, based on a fundamental moral duty of all ILO constituents. The case of Mauritania was being discussed by the Committee for the ninth time in relation to slavery and its vestiges. This year, the examination would focus on the effect given to the Committee’s previous conclusions, or in other words the action taken in practice by Mauritania for the definitive eradication of forced labour and slavery, and to punish those responsible and provide support to victims. As emphasized by the Committee of Experts, measures had been taken: the establishment of the Tadamoun Agency; the adoption of a roadmap, with responsibility for its implementation lying with a technical Inter-ministerial Committee; the adoption in 2015 of an Act criminalizing slavery and allowing human rights defence associations to take legal action, as well as an Act establishing a legal aid system; and the establishment of three special courts. In addition to these efforts, which should be encouraged and supported, two recent events were of particular importance. The first was the ratification by Mauritania in March 2017 of the 2014 Protocol, which demonstrated the Government’s firm commitment to eradicate all forms of forced labour in practice. The other was the acceptance by the Government of an ILO direct contacts mission, which had been able to note the efforts made and the progress achieved in the eradication of forced labour and the protection of victims. Efforts to change attitudes towards slavery, which was related to historical, cultural and religious factors, required time to bear fruit. Nevertheless, the Mauritanian authorities could not lower their guard, and needed to persevere in the action that was being taken, with the support of the international community.

The Employer members referred to the four subjects addressed by the Committee of Experts in its observation on the basis of the information gathered by the direct contacts mission. With reference, first, to the effective enforcement of the legislation, it was essential for material and financial resources to be allocated to the three special courts. The Government should provide figures on the number of cases dealt with, the compensation granted to victims and the penalties imposed. It was also encouraging to note that the Government was collaborating with local and religious authorities to raise awareness of the new legal protection mechanisms. The Government was also benefiting from technical assistance, particularly through the Bridge project, to reinforce the capacities of a whole series of actors in this field. With regard to the assessment of the real situation concerning slavery, it was important to encourage the Government to seek ILO technical assistance with a view, as emphasized by the direct contacts mission, to conducting a qualitative and/or quantitative study to assess the extent of the phenomenon in 2017, and the activities and populations concerned. In relation to inclusive and coordinated action, the Government indicated that it was engaged in inclusive and open dialogue on the eradication of slavery, and that its efforts were focusing on education, public awareness raising and the development of programmes to combat poverty. The Employer members strongly encouraged the Government to intensify its efforts in this respect, as poverty and ignorance were the bedfellows of abuse. The social partners were aware that they had a role to play in informing and training their members so that they were in compliance with the law. In this regard, national employers’ organizations wished to participate in any process established to combat forced labour and slavery. Only a strategy of national union based on objective findings would have any chance of bearing fruit on the ground. Finally, with regard to the identification and protection of victims, the direct contacts mission had noted that the relationship between victims and their masters was multi-dimensional and that the economic, social and psychological dependence of victims varied in its extent, and involved a broad range of situations which required a series of complementary measures. The global and transversal programme to be developed by the Government needed to be aimed at deconstructing the system of dependence in which victims found themselves. The mission had recommended to the Government to provide support to victims as soon as they registered complaints so as to protect them from any social, traditional or family pressure. In conclusion, the Employer members recalled that under no pretext could forced labour be organized at the initiative of a government, public authority or enterprise of any type. If forced labour or slavery practices were discovered, the victims of such practices needed to be identified and protected. The beneficiaries of such illegal practices also had to be identified and, after a fair trial, be subject to effective penalties that were commensurate with the acts committed.

A Worker member of Mauritania drew attention to the various measures taken by the Government, including the adoption of the 2015 Act establishing slavery as a crime against humanity punishable by between ten and 20 years of imprisonment; the creation of three specialized courts; the adoption of the roadmap; the creation of the Tadamoun Agency; and the ratification of the Protocol of 2014. Nevertheless, slavery-like practices persisted, as they were anchored in old customs, and these troubling cases underlined the need to pursue and intensify action against slavery. It would be a long-fought battle, and associations composed of representatives of former victims and former masters needed to carry out sustained campaigns in all social environments in order to imbed the principle of equality for all in the consciences of everyone. The indifference of the administrative, judicial and law enforcement authorities towards these practices must be challenged and the State must involve citizens in such action. The education system should inform young people about this scourge and foster the development of a new collective awareness about equality, social justice, freedom and responsibility. Decentralized local development programmes must be implemented in rural, urban and semi-urban areas with the active involvement of citizens from all social groups. Radio and television programmes on the vestiges of slavery, that gave a voice to both victims and masters, would enable the public to form their own opinions. It was inadmissible that slavery was still being practiced in Mauritania in the twenty-first century and that the public authorities were burying their heads in the sand rather than implementing radical strategies to eradicate these practices. It was also crucial for development partners to support Mauritania in carrying out inclusive programmes that would develop initiatives for extremely poor communities, thereby enabling former victims of slavery to free themselves from the assistance of their former masters and become independent. The mobilization of civil society, unions and economic and political forces in a national movement to eradicate the vestiges of slavery was a fundamental priority. The Inter-ministerial Committee was not doing enough about this challenge, which required commitment from everyone.

Another Worker member of Mauritania, speaking on behalf of the Union of Workers of Mauritania (UTM) and the inter-union grouping composed of 20 of the 28 federations existing in Mauritania, recalled the enormous progress made, which bore witness to the Government’s will to eradicate definitively the vestiges of slavery. One example of such progress was the adoption of the 2015 Act and its implementing regulations. These formed a comprehensive array of legal instruments that took account of the specific features of Mauritanian society and had been drawn up in an inclusive manner. To ensure the application of the Act, welcomed by the whole of civil society and all foreign partners, the authorities had established three special courts covering the whole of the country whose staff had received appropriate training. The vestiges of slavery were essentially related to poverty and lack of education. For that reason, the authorities had set up the Tadamoun Agency, whose programmes targeted the construction of schools, training in health and hygiene, the provision of basic services including water, lighting and roads, and the funding of income-generating activities in adwaba areas, largely inhabited by former slaves. The joint organization with the International Trade Union Confederation (ITUC) of a subregional workshop on contemporary forms of slavery had made it possible to establish a National Plan of Action to combat the vestiges of slavery. Freedom of expression, like freedom of association and free access to information, was a reality in Mauritania. Those undeniable facts were testimony to real political will and progress achieved, which needed to continue with support from the ILO and the ITUC, and with greater trade union involvement in all the structures and programmes concerned, including the Tadamoun Agency. She hoped that this would be cited as a case of progress by the Committee, which would offer encouragement to make further progress.

The Employer member of Mauritania recalled that Mauritania had appeared before the Committee three times since 2015. The inclusion of Mauritania in the list of cases was all the more paradoxical in that it did not appear to take into account the efforts made to give effect to the recommendations of the Committee. Nevertheless, the Government had taken a series of measures, including the criminalization of slavery, the creation of special courts and the establishment of the Tadamoun Agency, which was implementing numerous projects, including in the fields of education and infrastructure, for the benefit of the affected population. Those actions were set out in the roadmap and were also being implemented through the Bridge project coordinated by the ILO. He considered that, in the spirit of common sense, logic and fairness, the Government of Mauritania should be congratulated, or at the very least encouraged and supported, with a view to reinforcing and perpetuating the significant efforts that it was making to eradicate the vestiges of slavery.

The Government member of Malta, speaking on behalf of the European Union (EU) and its Member States, as well as Bosnia and Herzegovina, Montenegro, Norway and Serbia, reiterated his commitment to the universal ratification and implementation of the core ILO Conventions and called on all countries to protect and promote all human rights and freedoms. Compliance with the Convention was essential to Mauritania’s commitment under the Cotonou Agreement to respect democracy, the rule of law and human rights. The direct contacts mission had acknowledged positive developments, in particular, the efforts made to enforce the 2015 Act, as well as the establishment of courts in Nema, Nouakchott and Nouadhibou, which were now operational. He welcomed the close cooperation with the ILO and the strengthening of actors, including the police and judicial authorities to identify slavery-like practices. In order to fight impunity and eradicate slavery throughout the country, perpetrators must be effectively prosecuted and sanctions must be sufficiently dissuasive and properly enforced. A precise picture of the slavery situation in the country was essential for the targeting of public interventions. The Government should conduct a study to provide qualitative and quantitative data and analysis on slavery practices. It was also very important that the Government worked with civil society, especially the social partners and religious authorities, in the fight against slavery, and continued to raise public awareness. He called on the Government to ensure protection and assistance for victims so that they could assert their rights and encouraged the implementation of the 29 recommendations of the 2014 roadmap to combat the vestiges of slavery. The Tadamoun Agency also needed to have the necessary means to fulfil its mandate. He noted its work in targeting zones prone to slavery practices, where there was little state presence. He expressed continued readiness to cooperate with the Government to promote development and the full enjoyment of human rights.

The Government member of Switzerland regretted that this case was once again being examined by the Committee. This situation demonstrated the urgency of quickly and effectively combating all forms of slavery. While progress had been made through the establishment of three special courts and the work carried out by the Tadamoun Agency, efforts needed to be continued in collaboration with the ILO. The effective implementation of laws and their strict application were vital elements in comprehensively combating forced labour. It was necessary to encourage the Government to continue its communication and prevention initiatives and its dialogue with the social partners for the involvement of all stakeholders. Lastly, she hoped that the Government would be able to implement protective measures for victims.

The Worker member of Nigeria, also speaking on behalf of the Worker member of Ghana, welcomed the progress made as a result of the work of the Committee and support of the ILO over the years. An Inter-ministerial Committee, headed by the Prime Minister, had been established and the courts had prosecuted some cases of slavery. The Government also intended to conduct research to ascertain the depth of the issue and to measure progress. However, much remained to be done. Slavery was deeply rooted in the social fabric of the country and was complex. The history of Nigeria and Ghana in relation to slavery demonstrates that tackling such a deep-rooted and socially complex phenomenon required all state and social actors to confront the existence of slavery, delegitimize it and commit to eradicating it altogether. Given the extent of the social legitimacy of slavery in Mauritania, it could not be dealt with as an ordinary criminal matter or social ill. It was possibly unrealistic to expect that slavery would be investigated, prosecuted and remedied with speed and alacrity by institutions that were rooted in its traditions. It was reasonable that victims of slavery, as well as anti-slavery activists, should lack confidence in these institutions. The efforts that were being made by the Government, as the primary duty bearer, should continue, but it was time to call for an independent and inclusive anti-slavery commission with special investigative, prosecutorial and policy advocacy powers to supervise the eradication of slavery and its vestiges in Mauritania. He urged the Government to involve the trade unions and to continue to seek ILO technical assistance to improve the situation.

The Government member of the United States recalled that in recent years the Government had taken some initial steps to address the issue of slavery. In this regard, he recalled the 2014 roadmap, the 2015 Act, and the ratification of the 2014 Protocol were noted. In addition, the Government had accepted the direct contacts mission as a follow-up to the conclusions of the Committee in 2016. These actions were welcome indicators of the Government’s acknowledgement of the persistent issue and its role in combating slavery and its vestiges, but efforts to eliminate the practice and prosecute individuals under the law remained inadequate. While three special courts had been established, there had to date been only two convictions of perpetrators of slavery. These courts remained significantly underfunded and understaffed. Reports indicated that the police and judicial authorities had been resistant to investigating or initiating prosecutions. The Government needed to ensure that the competent authorities had the necessary resources to eliminate the vestiges of slavery, while also heightening public awareness raising. Specifically, the Government needed to fully fund and appropriately staff the three anti-slavery courts, effectively investigate and prosecute slavery cases, ensure that all members of Mauritania’s civil society were able to peacefully express their support or dissent, particularly anti-slavery activists, desist from launching politically motivated prosecutions of abolitionists, such as the recent trial of 13 IRA members, enable the Tadamoun Agency to pursue its mandate to identify and refer slave owners for prosecution, and provide assistance and rehabilitation programmes for victims of slavery. He urged the Government to take full advantage of the technical assistance provided by the ILO and to make serious strides towards the full eradication of slavery, including its vestiges and its modern forms.

An observer representing the International Trade Union Confederation (ITUC) noted that, although the abhorrent phenomenon of slavery was an affront to the international community, an insult to humanity and a serious violation of human rights, it persisted in Mauritania. The Government of Mauritania continued to denounce, conceal and supress the reality of a whole population who were subjected and condemned to live in exclusion and extreme poverty. This troubling situation destroyed any hopes the victims had of changing their status and participating in active life. Former slaves were confronted with an absence of comprehensive readjustment and reintegration measures. Harassment, intimidation and the expropriation of lands, as well as discrimination in employment, and an absence of opportunities weakened them and maintained their dependence on their masters. The Committee of Experts had referred to the Tadamoun Agency, supposedly created for the economic and social development of the Haratin population. The Agency had three objectives, including combating the vestiges of slavery. However, the State had no intention of taking concrete action, preferring to implement measures to satisfy international opinion. This was the case of the Land Act, which was intended to enable former slaves to have access to land, or the special courts, which were not operational in practice due to the absence of implementing texts. Despite the obvious challenges – the absence of support structures, material assistance or compensation for damages which would allow victims economic independence, and an absence of government will to root out the phenomenon – slaves continued to demonstrate their will to leave their masters. There were many cases, including women domestic workers and victims of trafficking to Saudi Arabia, whose complaints had not been received, including the testimonies of ten former slaves who had left their masters in 2016. He considered that the measures referred to by the Government and the information that it had supplied were not reliable or accurate. He hoped that the recommendations of the Committee of Experts regarding the implementation of the roadmap would be carried out by the Government in practice, in cooperation with all the stakeholders.

The Government member of the Bolivarian Republic of Venezuela welcomed the information provided by the Government representative and emphasized the willingness shown by the Government through its acceptance of a direct contacts mission in October 2016. He referred in particular to the special courts competent for slavery, which were operational and had sufficient staff and resources, and he hoped that they would hand down fair and exemplary sentences. It was also necessary to highlight the technical cooperation that the Office was providing in Mauritania for the application of legislation and the eradication of the vestiges of slavery, and the level of compliance with the recommendations set out in the roadmap to combat the vestiges of slavery. Given the willingness and commitment shown by the Government, he considered that the Committee should bear in mind the positive aspects of the case, adopt objective and balanced conclusions, and continue to encourage and support the Government in its efforts to eradicate forced labour and its vestiges.

The Worker member of Spain emphasized that the existence of slavery was denied by many authorities, which undermined and impeded the action to combat it. The Government should work earnestly with anti-slavery organizations instead of criminalizing and persecuting them and their members. Rather than focusing on complaints from Mauritanians, who included descendants of slaves and former slaves, and who continued to protest at the lack of opportunities, the Government had pinpointed the anti-slavery activists as responsible for the protests. There were a high number of cases of ill-treatment and persecution against these organizations and their members. Biram Dah Abeid, a prominent activist, had recently been released as a result of the major efforts made by groups of human rights defenders, who had secured a victory in the Supreme Court of Justice. There were fears, however, that he would be re-arrested. Amadou Tidjane Diop had been arrested in June 2016, along with 12 other members of the IRA. His arrest was related to a spontaneous protest by the residents of Bouamatou, a neighbourhood where the vast majority of the Harratin people lived, descendants of slaves who had been threatened with eviction in July 2016. Despite the arbitrary searches and raids, the police had not been able to establish a connection between IRA activists and the protest in the Bouamatou neighbourhood. During their detention, the activists had been the victims of torture, ill-treatment and death threats. In 2008, the IRA had requested recognition of its legal personality but, to date, it had been neither recognized nor authorized by the authorities. All IRA activists therefore ran the risk of being charged at any point for belonging to an unrecognized organization. Civil society organizations and their activists had demonstrated their capacity and determination to be part of the solution. They should be supported, not persecuted.

The Government member of Egypt thanked the Government for providing information on the actions of its authorities to tackle the problem of slavery, including the laws that had been enacted, the establishment of special courts, and the organization of awareness-raising campaigns and training sessions. The Government had developed a strategy to combat the issue. He hoped that the technical assistance requested by the Government would be provided.

The Employer member of Algeria noted with satisfaction that the issue of slavery had been addressed in the national Constitution, which served as the point of reference and legal foundation for subsidiary laws and regulations criminalizing all forms of forced labour. He welcomed this major progress and the efforts made by the Government to bring its legislation into conformity with the Convention, which deserved the Committee’s full support and encouragement.

The Government member of Algeria emphasized that, according to the information provided by the Government representative, the measures taken to combat forced labour were practical, effective and being applied in the context of the implementation of the roadmap to combat the vestiges of slavery. In addition to measures to strengthen the legislative and institutional framework, measures to train and raise awareness among the actors concerned had also been adopted, along with the parallel implementation of a monitoring mechanism, with which all stakeholders and civil society were associated. It appeared that many positive results had been achieved, and that there was a collective mobilization to implement measures to combat forced labour. The efforts made by Mauritania were therefore commendable, and the country should continue to receive support to pursue the path ahead.

The Worker member of France, referring to the report of the Committee of Experts, emphasized that “the victims of slavery are in a situation of great vulnerability which requires specific action by the State” and that they “are not aware of their rights and may come under very strong social pressure if they denounce their situation”. The Government had ratified the Protocol of 2014, which provided that the effective and sustained suppression of forced labour involved the implementation of measures to ensure that victims were provided with protection and access to appropriate and effective remedies, such as compensation, and the need to identify and protect victims to allow for their rehabilitation, and to give them assistance and support. While this ratification and the legislative efforts made were to be welcomed, it was now essential to implement all of the provisions in order to eradicate slavery-like practices in Mauritania. A very significant number of people were subject to slavery in Mauritania. Those who dared to complain to the authorities faced, in the best case scenario, having their situation trivialized, and in the worst case, being subject to police repression and sent back to their masters. In 2009, the United Nations Special Rapporteur on contemporary forms of slavery had visited Mauritania and noted that the absence of alternative livelihoods, illiteracy, lack of information, and the use of religion helped masters to maintain their control. Anti-slavery organizations offered various types of support for victims, such as shelter, training and literacy programmes, and information on their rights. But their activities were being seriously hampered and active members were prosecuted. Recalling that the Protocol of 2014 affirmed the need to engage and consult with employers’ and workers’ organizations, she called on the Government to demonstrate commitment, and cooperate with the social partners and civil society to implement the 2015 Act, with the aim of eradicating slavery and ending impunity.

The Government representative thanked the delegates who had contributed to the discussion and, in particular, those who had made an effort to understand the situation and had commended the real progress made by Mauritania in combating the vestiges of slavery and had encouraged it to persevere. The Government was cooperating with international bodies, including the Human Rights Council, and gave effect to their recommendations. This spirit of openness and cooperation added to the Government’s willingness to involve all actors concerned by the issue, which related to the vestiges inherited from history. The Government was acting out of a sense of duty and conviction, and not under pressure from anyone. It would take into account the concerns raised by certain speakers, particularly those of Worker members. The programmes currently being implemented already responded to some of those concerns. It was however regrettable to note certain spurious allegations which dismissed the positive developments. Such denial did not help the victims. All efforts should be made and coordinated to respond to the imperative of fully understanding the situation of the victims. Finally, he reaffirmed that the Government was taking action, and would take the concerns expressed into account, particularly regarding the study planned within the framework of the Bridge project.

The Employer members said that they had noted the numerous initiatives taken to prevent all forms of forced labour in Mauritania, to identify and protect victims of slavery, and to punish all slavery-related abuses identified. It should be recalled that it was the collective responsibility of ILO constituents to ensure that, in the twenty-first century, fundamental labour rights were respected by all member States. Any complaints in this regard should be examined seriously by the national authorities, and particularly by competent and independent public officials and judges. The same applied to forced labour, which must be eradicated permanently without delay. While the efforts undertaken by the Government were to be welcomed, the eradication of slavery and its vestiges required an arsenal of permanent preventive and remedial measures. The Government must continue its efforts, and in particular:

– improve the efficiency and build the capacity of all components of the administrative and judicial system;

– periodically collect, analyse, and provide information on the number of cases of slavery reported to the authorities, the number of cases resulting in legal action, and the compensation awarded to the victims and the penalties imposed;

– continue to implement the 29 recommendations contained in the roadmap, particularly those concerning the provision of assistance and compensation to victims, and to combat poverty;

– ensure that the Inter-ministerial Committee evaluated the impact of the measures taken in the framework of the roadmap, by actively engaging all members of civil society, religious authorities and the social partners, including representative trade unions; and

– raise the awareness of civil society in a more effective manner, while taking into account the cultural roots of slavery which ran deep in society and continued to undermine the efforts of the Government.

The Worker members welcomed the political willingness demonstrated by the Government to make the fight against slavery and its vestiges one of its priorities. Nevertheless, the Government needed to show coherence between its declarations and the results of its actions. Accordingly, machinery for the ongoing systematic collection of statistical data on slavery throughout the country needed to be set up in Mauritania. In that regard, the ILO had expertise from which Mauritania could benefit. The strict application of the 2015 Act was necessary to ensure that investigations were actually conducted into those responsible for slavery-like practices, who should be prosecuted and given sentences commensurate with the gravity of the crime committed, in order to ensure the dissuasive effect of the prosecution system. Any possibility of reaching out-of-court settlements in a slavery-related case must be excluded. The Government was also called upon to establish a prosecution office and a police corps specialized in combating slavery. The justice system needed to be allocated sufficient resources to ensure that prosecutions brought in the three special courts were processed within a reasonable period of time. Training must be provided to the authorities responsible for conducting prosecutions and public awareness of slavery-related offences raised to bring an end to the reluctance of the police and judicial authorities to take action, as noted in the processing of complaints. The effectiveness and success of prosecutions relating to slavery depended on the development and implementation of awareness-raising campaigns targeting the general public, victims of slavery, the police and the administrative, judicial and religious authorities. A further requirement was to provide victims with protection and the means of subsistence, from the time they were identified or a complaint was lodged. In that regard, the Government was called upon to supply statistical information on the prosecutions launched, and on the application in practice of the protection measures prescribed by the 2015 Act. The Government must also develop clear, qualitative, objective indicators for measuring the results achieved in combating slavery-like practices. That was particularly important for the purpose of analysing the results achieved in the context of the roadmap. Moreover, the Tadamoun Agency needed to be given all the necessary resources to achieve the important objectives assigned to it, with a view to supporting communities or persons affected by slavery and making them autonomous. The Government should fully seize the opportunity of the support provided through the Bridge project for the implementation of the recommendations. It was also absolutely essential to involve the social partners and civil society in all initiatives to combating slavery, particularly by enabling them to participate in the work of the Tadamoun Agency and the Inter-ministerial Committee responsible for implementing the roadmap. Finally, the Government must immediately release the IRA members who were still imprisoned and in future refrain from obstructing the work of organizations engaged in combating slavery. Indeed, the Government needed to cooperate with these organizations to increase the chances of successfully eradicating slavery in the country. In order to implement all these recommendations, which largely echoed those made by the Employer members, the Government should request ILO technical assistance.

Conclusions

The Committee took note of the oral statement made by the Government representative and the discussion that followed.

The Committee took note of the Governments stated efforts in the fight against slavery and vestiges of slavery and urged the Government to continue these efforts. However, the Committee expressed deep concern over the persistence of slavery on a widespread scale despite numerous discussions in the Committee. The Committee was disappointed that the Government has prosecuted very few of those responsible for the crime of slavery since the last discussion of this case in the Committee.

Taking into account the discussion of the case, the Committee urged the Government of Mauritania to:

- strictly enforce the 2015 anti-slavery law to ensure that those responsible for the practice of slavery be effectively investigated, prosecuted and receive and serve sentences that are commensurate with the crime;

- 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;

- provide information regarding the remedial action taken in respect of victims;

- strengthen the labour inspectorate and other relevant enforcement mechanisms to combat the exaction of forced labour;

- establish specialized units in the Office of the Public Prosecutor and the forces of order with the capacity to gather evidence and initiate the corresponding judicial procedures;

- ensure that prosecutions at the special courts for slavery crimes are supported and processed in a timely manner, and with public awareness-raising campaigns around the convictions;

- develop clear and objective indicators to assess the full implementation of the Roadmap to Combat the Vestiges of Slavery;

- conduct a complete analysis in relation to the nature and incidence of slavery as a basis for improving targeted actions to eradicate slavery;

- increase the visibility of awareness-raising campaigns for the general public, victims, the police, administrative and judicial authorities and religious authorities ;

- ensure the social and economic integrations of victims of slavery by providing access to services and resources enabling them to reconstruct their lives and to prevent a return to slavery;

- provide detailed information on the operations, programmes and resources provided to the National Agency to Fight against the Vestiges of Slavery, for Social Integration and to Fight against Poverty, or “Tadamoun”;

- ensure that victims who identified their situation are protected from retaliatory measures and social pressures, including by unconditionally releasing those who have publicly denounced slavery.

In this regard, the Committee calls on the Government to effectively pursue ILO technical assistance to address the recommendations and to accept a high-level mission. The Committee also asked the Government to report in detail on the measures taken to implement these recommendations to the next meeting of the Committee of Experts in November 2017./