Individual Case (CAS) - Discussion: 2016, Publication: 105th ILC session (2016)

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



A Government representative, recalling that Mauritania had been called upon in 2015 to share with the Committee the efforts made in the context of the application of the Convention, thanked the Committee for the opportunity to provide information on the ever-increasing progress made in the promotion and defence of human rights, particularly with regard to combating slavery-like practices and the vestiges of slavery. In accordance with the Committee’s recommendations of June 2015, the legal framework for combating forced labour had been reviewed and modernized in order to take comprehensive action against this scourge and be able to ensure the effectiveness of the objectives established by the electoral programme of the President of Mauritania in the quest for equality for all citizens, while placing particular emphasis on restoring dignity to the victims of a certain historical injustice. In that regard, the Government’s report submitted to the Committee of Experts in September 2015 indicated the wide range of newly adopted legal instruments. In line with the amendments both to the Constitution, which classified slavery as a crime against humanity, and to the roadmap to combat the vestiges of slavery, adopted by the Council of Ministers on 6 March 2014, the new Act No. 2015-031 of 10 September 2015 criminalizing slavery and punishing slavery-like practices repealed Act No. 2007-048 of 3 September 2017, criminalizing slavery and punishing slavery-like practices and thereby confirmed the direction set by the Government. In line with the Committee’s recommendations, the 2015 Act introduced a set of definitions which facilitated its application on the basis of clear and precise terminology relating to slavery; it incorporated the offences established by international Conventions relating to action against slavery while also declaring that they were imprescriptible; it established heavier penalties for slavery-like practices by aligning them with those prescribed for criminal offences; and it instituted the concept of locus standi for third parties, particularly non-governmental organizations (NGOs), which could now act as a civil party in any court action arising from the application of the Act, without this status giving them any pecuniary benefit. This major reform had been accompanied by the establishment of three special courts with nationwide jurisdiction for handling offences relating to slavery-like practices, resulting in the opening of 40 court cases concerning forced labour in the whole country in the previous five years. Two of the cases had yielded convictions, others had been dismissed, while the rest were still pending. Other items of legislation had been adopted to complement the new Act: Act No. 2015-033 of 10 September 2015 to combat torture, which repealed and replaced Act No. 2013/011 of 23 January 2013 punishing the crimes of slavery and torture as crimes against humanity; Act No. 2015-034 of 10 September 2015 establishing a national mechanism for the prevention of torture (MNP); and Act No. 2015-030 of 10 September 2015 providing for legal assistance. With regard to the recommendation calling on the Government to avail itself of ILO technical assistance with a view to the adoption of targeted measures against forced labour, the Prime Minister had made an official request to the ILO Director-General in February 2015, further to which a four-year project, aimed at supporting the implementation of the Act criminalizing slavery and punishing slavery-like practices, had been launched on 2 May 2016, identifying all areas of action. In particular, it was designed not only to provide support for the special courts established for punishing crimes related to slavery-like practices, and for judicial officers, particularly lawyers assigned to investigations into the impact of slavery-like practices and the vestiges of slavery, but also to provide direct support for victims. Regarding certain cases pending in the courts relating to forced labour and children, Mauritania had adopted, with ILO support, a national plan of action for the elimination of child labour. This would be implemented once the necessary funding had been mobilized and, among other things, would contribute to combating the vestiges of slavery. Mauritania was one of the first five countries to have ratified the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29). Apart from its importance, the Government’s initiative had the full support of the social partners and civil society, as had been observed during the wide-ranging discussions held before the ratification of the Protocol. That support would in due course enable the application of the instrument’s provisions in the most appropriate conditions. Moreover, as part of the dissemination of the legislation concerning action against slavery-like practices, Mauritania had published, in partnership with the Office of the High Commissioner for Human Rights, a special issue of the Official Journal relating to ratified international human rights Conventions, which would allow the national courts to incorporate the instruments in the whole body of national legislation. Despite the great scope of the legal framework, it would not be able to deal alone with forced labour and the vestiges of slavery. Hence, further to the Committee’s recommendations of June 2015, the Government had taken bold socio-economic initiatives, particularly through the creation of a national agency to combat the vestiges of slavery and for integration (the Tadamoun Agency). These initiatives were based on the implementation of a series of projects in priority areas which directly benefited population groups suffering from the vestiges of slavery in bridging the deficit in areas such as: education, through the construction of schools; health; water; social housing; market gardening; agricultural development; and also through modernization of the means of production with the distribution of animal-drawn ploughs for population groups who were victims of the vestiges of slavery; the purchase of tricycles in poor districts; and the setting up of hundreds of income-generating activities. These initiatives had significantly increased the standard of living of the population groups concerned while creating decent jobs, and information on them could be found on the Agency’s website. With regard to raising awareness of forced labour, the Government had focused its efforts on training for the administrative, judicial and security authorities, while involving civil society bodies working in the field of the promotion or defence of human rights. A number of training sessions had been held for prefects (hakem), mayors, gendarmes, police officers, magistrates and judicial officers on the need for rigorous application of the legislative provisions criminalizing slavery and punishing slavery-like practices. Furthermore, awareness-campaign caravans, with a particular focus on reaching religious leaders and traditional dignitaries, had covered the country to disseminate the fatwa adopted by the assembly of ulemas reaffirming the strict prohibition on any form of exploitation. The awareness-raising efforts would continue, including through the ILO-funded project to support the application of the Act criminalizing slavery and punishing slavery-like practices. In conclusion, emphasis should be placed on Mauritania’s commitment to the promotion and defence of human rights, particularly through the mobilization of all the country’s resources and efforts to this end. Mauritania remained open to all those who wished to contribute to achieving this ambition.

The Worker members recalled that the Committee had shown great patience towards the Government and observed that the reappearance of the case before the Committee was a sign of inacceptable inertia. Failure to apply the provisions of the Convention could not be justified by the difficult economic and political climate in the country, which was one of the last in the world where traditional forms of slavery persisted. The extreme vulnerability of victims of slavery – in particular the most vulnerable groups, such as the Haratin – required the authorities to mobilize strongly to protect them. Despite widespread international condemnation, the Government had not taken the necessary steps to wipe out the scourge. In 2016, slavery could no longer be tolerated, and it was urgent for the Government to take all necessary measures to eradicate it once and for all. While recalling that Act No. 2007/48 of 9 August 2007 criminalizing and punishing slavery-like practices had proven ineffective, the ratification of the Protocol to the Convention, and the introduction of certain legislative amendments were to be welcomed. Act No. 2015-031 of 10 September 2015 criminalizing slavery and punishing slavery-like practices and repealing Act No. 2007/48 reproduced the main provisions of the previous Act, but defined in greater detail the elements that constituted slavery, the cession of persons, serfdom and debt bondage, while increasing the related penalties. It also provided for the possibility for associations for the defence of human rights that had benefited from legal personality for at least five years to be a party to civil proceedings. Act No. 2015-032 establishing legal aid set up a system of legal aid to cover the costs normally borne by the parties for persons who were poor or with low incomes. While highlighting these positive steps, which were intended to strengthen the legal framework to fight slavery, it should be noted that Mauritania was not in a position to implement legislative reforms effectively as it faced difficulties frequently arising from the inadequacy of labour inspection mechanisms and monitoring of the application of laws. The Government was incapable of demonstrating that those responsible for crimes of slavery were systematically prosecuted and convicted or that access to justice for victims of slavery was guaranteed. Specific actions were therefore needed in order to guarantee such access for victims. The Government should take all the necessary steps to identify, free and reintegrate victims and to punish those responsible, through the strengthening of labour inspection mechanisms and the monitoring of the application of laws. With regard to the 40 cases of slavery-like practices that had been dealt with by the courts, the number was too low and it would be interesting to know how many acquittals had been handed down in those cases. The penalties imposed for crimes of slavery were not harsh enough. The first conviction by the special tribunal to fight slavery in Nema in May 2006 had been very disappointing and an appeal had been lodged. It should be recalled that dissuasive penalties that were effectively applied were essential to eliminating such practices, in line with Article 25 of the Convention. The Committee of Experts had observed reticence by the administrative and police authorities to investigate cases of slavery brought to their knowledge by associations. There was still a frequent tendency to shelve cases without follow-up and to re-classify the facts, which posed a further obstacle to the prosecution of crimes of slavery. With regard to the Tadamoun Agency, it was regrettable that it was neglecting one of its initial objectives, namely to fight slavery, and was focusing in particular on developing social and economic projects, which responded only indirectly to the urgent need to bring an end to slavery practices. The Agency also suffered from a lack of resources to fight slavery. It was also regrettable that NGOs and trade unions were excluded from the workings of the Agency. Further to the recommendation made by the Committee in 2015 regarding the roadmap to combat the vestiges of slavery adopted in March 2014, the Government had established a technical follow-up commission for the roadmap and an Interministerial Technical Committee. However, communication between these two bodies, was uncertain, nor did there appear to be clear indicators to measure any changes. It was to be hoped that the Government would guarantee the proper functioning of these bodies and take appropriate measures to achieve concrete and swift results in practice. With respect to tradition and culture as deeply-rooted reasons for the persistence of serious and ongoing slavery practices in Mauritania, it was essential that profound social changes were made within society, first and foremost with the Head of Government, the President, who seemed to deny the reality. This denial of slavery discredited any actions taken by the public authorities to stem the scourge and required awareness on the part of the leader of the executive authority and a national survey to be conducted on bonded labour to enable the authorities to ascertain the extent of the phenomenon and define the specific measures to be taken. The Government should also launch broad promotional, awareness-raising and education campaigns for the general public and the administrative, police and judicial authorities so as to systematically combat all forms of forced labour. Lastly, the authorities should refrain from persistently hampering the action of associations, trade unions and NGOs working against slavery in Mauritania and elsewhere. In this regard, it was deeply regrettable that the Government had hindered the issuance of a visa for the secretary-general of the Free Confederation of Mauritanian Workers (CLTM), who had been prevented from coming before the Committee to present his view of the situation in the country.

The Employer members agreed with the statement by the Worker members and indicated that this session of the Committee was a follow-up to last year’s discussion. The Convention had been ratified by Mauritania in 1961 and, since then, the case had been examined many times by the Committee, while 14 observations had been made by the Committee of Experts since 1997. There had also been ILO missions in 2004 and 2006, and a set of recommendations had been adopted accordingly. Despite being one of the most frequently discussed cases on forced labour, the Employer members underlined the lack of progress made. They thanked the Government for the information on the measures undertaken and for its efforts to fight slavery. In particular, they noted the 2007 Act, the 2015 Act, the roadmap to combat the vestiges of slavery adopted in 2014 and the establishment of the special court. They also noted that the Government had ratified the new Protocol to the Convention. However, they indicated that, although the Government had developed an extensive legal framework, the application of the law in practice remained weak and there were questions about the willingness of the Government to implement its obligations. In this respect, they expressed doubt that the ratification of the Protocol could resolve a problem of enforcement that had been persistent for the past 55 years. Referring to Article 25 of the Convention, the Employer members referred to the lack of adequate and strict enforcement of the penalties imposed by the law. In this context, the main difficulties were cultural obstacles, as well as the obstacles of national administration in terms of prosecution. As indicated in the observation of the Committee of Experts, it continued to be difficult for victims to bring their cases before the competent judicial and administrative officers. As a result, out of 31 cases, only one case had resulted in imprisonment, which was an example of the ineffective application of the Convention. The Employer members concluded by reminding the Government that it was its duty to protect vulnerable citizens.

The Government member of the Netherlands, speaking on behalf of the European Union (EU) and its Member States, as well as Iceland, Norway and the Republic of Moldova, recalled the commitment made by Mauritania under the Cotonou Agreement to respect democracy, the rule of law and human rights principles, which included the abolition of forced labour. Compliance with the Convention was essential in this respect. He noted the positive developments regarding the adoption in 2015 of two new acts which criminalized and punished slavery, established special collegial courts to hear slavery-related cases and set up a system of legal aid. He welcomed the fact that 31 cases of slavery-like practices had been heard by the courts, some resulting in punishments, and that two cases of slavery had recently resulted in the imposition of five-year prison sentences. He encouraged the Government to pursue its efforts to ensure the full implementation of the new legislation, including by providing the relevant authorities with adequate means to rapidly and impartially conduct investigations and initiate judicial procedures. It was essential to ensure that victims of slavery had the ability to assert their rights and that perpetrators were duly punished with dissuasive sanctions. The Government was also encouraged to implement the 29 recommendations of the roadmap, adopted in 2014, to combat the vestiges of slavery, and to ensure that the Tadamoun Agency had the necessary means to work on all of the areas of its mandate. It was to be hoped that the Government would continue to raise public awareness and that of the relevant authorities with regard to the problem of slavery and the need to eradicate it. He expressed the continued readiness of the EU to cooperate with the Government in promoting the development and full enjoyment of human rights.

The Worker member of Senegal recalled that the case of Mauritania had been brought before the Committee on numerous occasions since 1990. The fact-finding mission that had visited the country in 2006 had made a series of recommendations which should have resulted in considerable progress. In 2010, the Committee had urged the Government to convey the imperative nature of the need to eradicate slavery to the general public and the authorities by adopting, as quickly as possible, a national plan to combat slavery, in close collaboration with the social partners, and by introducing measures to ensure that victims had proper access to the police and judicial authorities. He condemned the Government’s lack of goodwill – as demonstrated by preventing Mauritanian workers from participating in the work of the Committee – and the lightness of the penalties it had imposed on individuals found guilty of slavery. The United Nations Special Rapporteur on contemporary forms of slavery had noted that although the 2007 Act criminalizing slavery and punishing slavery-like practices had been well publicized in order to raise awareness of the criminal nature of slavery, victims continued to face problems in being heard and asserting their rights with regard to both the administrative and judicial authorities. The establishment of the Tadamoun Agency in 2013 had been a positive development, but the Committee of Experts had questioned its ability to implement the roadmap to combat the vestiges of slavery. The Agency’s mandate was limited to the vestiges of slavery and did not cover the continued practice of slavery. Lastly, although the introduction of a roadmap constituted a positive step, it did not establish specific protection measures for victims.

The Worker member of France emphasized that the ratification of the Protocol of 2014 to the Convention demonstrated that Mauritania hoped to adopt provisions to combat slavery and its vestiges. However, the effective application of the Protocol, through its incorporation into legislation providing for victims to claim their rights, had not borne fruit, and the police and judicial bodies had expressed reluctance in that regard. Attempts to account for the causes of slavery and the difficulties in eliminating it through socio-economic and cultural explanations did not make slavery acceptable, and efforts to tackle the consequences of slavery were not sufficient given the degree to which it was rooted in society. In its observations to the Committee of Experts, the International Trade Union Confederation (ITUC) had referred to the authorities’ reluctance to investigate cases of slavery, the tendency of the judicial authorities to close cases without follow up and to reclassify the facts in order to avoid applying provisions that defined slavery as a crime. The lack of awareness of most victims of their situation, coupled with the reluctance of the authorities’ were the two factors to be addressed. The Tadamoun Agency was struggling to improve the situation, despite its mandate, which jeopardized its credibility. Mauritanian workers often emphasized the lack of genuine political will and the Government wrongly continued to impose the burden of proof on victims and failed to launch education and awareness-raising campaigns, as required by Article 2 of the Protocol. Certain sectors of the economy were more vulnerable, and certain workers were exposed to greater risk. Competitive examinations for labour inspectors, magistrates and public authorities were also necessary to meet the requirements of the Protocol. The mobilization of the competent authorities and of all society was imperative to improve the situation and respect victims’ rights. Lastly, the institutions responsible for enforcing the application of the legislation, in law and practice, were essential to prevent legislation from remaining a dead letter.

The Government member of Algeria welcomed the efforts made by Mauritania to implement the Committee’s recommendations, particularly through the adoption of the 2015 Act criminalizing slavery and punishing slavery-like practices, which had consolidated the measures taken by the Government since 2007. According to the Government’s indications, in addition to the above Act, other legislative texts had been adopted, notably the 2015 Act to combat torture. He noted the cooperation between Mauritania and the ILO, aimed at reinforcing the Government’s actions against forced labour. Socio-economic efforts had also been made to combat forced labour in areas such as education, health and the modernization of the means of production.

The Worker member of Argentina indicated that since the ratification of the Convention in 1961, the Committee of Experts had made around 20 observations and the case had been examined by the Committee on numerous occasions. At the national level, the Government had adopted laws, implemented plans and programmes and established bodies to combat forced labour, which affected a large part of the population and, according to information available, remained deeply entrenched in society. However, these measures had had little impact and victims were still facing difficulties in claiming their rights and obtaining reparation because complaints were either not investigated, or were not adequately followed up, and some cases were impeded by the authorities. People were therefore victimized twice: by their oppressors and by the authorities. The situation of children in bondage who worked for a master, carrying out domestic or agricultural work and with limited access to education (which was similar to the phenomenon in Latin America known as “criadazgo”), was a horrific crime which not only destroyed their childhoods, but also conditioned this and future generations by perpetuating situations of poverty and marginalization. This Committee had been recalling for many years that, in the face of this phenomenon, the Government should take action within the framework of a global strategy that addressed all aspects of awareness raising and prevention, civil society cooperation, and the protection and reintegration of victims into society. This should be a participatory process that included a wide range of sectors from society and made use of the assistance of the international community. The Government should consult and include the social partners in the development of plans to eliminate this scourge once and for all, and avail itself of ILO technical assistance. In addition, he urged the Government to meet its commitment towards the consolidation of the rule of law to ensure lasting social peace. All governments should ratify the Protocol to the Convention and commit to eliminating forced labour, which constituted a flagrant violation of human rights and dignity.

The Worker member of Italy said that, despite the abolition and criminalization of slavery in 2007, the United Nations Special Rapporteur on contemporary forms of slavery had found that around 20 per cent of citizens of Mauritania were still denied their fundamental rights to freedom and self-determination, making it the country with the highest prevalence of slavery in the world. The Government had passed a new law in 2015 which made slavery a crime against humanity and doubled the prison term for such an offence. However, due to the commingling of powers and the conflicts of interest which existed within the political, military and judicial systems, no effective action had been taken to bring an end to slavery despite the existence, in theory, of the enforcement mechanisms required to do so. The country’s elite controlled all of the national institutions and had no interest in putting an end to the pre-established order upon which its privileges and wealth were based. On the contrary, its interests lay in the use of its power and influence to crush the anti-slavery movement, all the while denying the very existence of slavery. In recent years, a considerable number of anti-slavery campaigners and activists had been arrested and condemned, police had used teargas on more than one occasion during anti-slavery demonstrations and participants had been beaten and tortured during their detention. The ethnic and historical factors of slavery still persisted, with a portion of the population suffering from degrading treatment, not being paid for their work, being excluded from education and politics and not being allowed to own land or inherit property. Women faced discrimination both for being slaves and because of their gender, and were frequently beaten and raped by “masters” who considered them to be their property. Their children were also considered to be their property and “masters” could rent or loan them, or offer them as gifts. It was therefore crucial for the Act of 2015 criminalizing slavery to be effectively enforced and for criminal prosecution to be carried out against acts of slavery, including through the Tadamoun Agency. Despite receiving nearly US$25 million of public funding, the awareness-raising initiative of the Tadamoun had had little impact. She urged the Government to end the ambiguous behaviour regarding the fight against slavery in order to bring an end to the continuing daily abuses.

The Worker member of Japan noted that the Government had modified and adopted relevant acts to criminalize and punish slavery-like practices, as well as adopting the roadmap to combat the vestiges of slavery. He emphasized that the reforms were not effectively implemented and such practices persisted in the country. Despite the high number of people (4 per cent of the population) living in conditions of domestic or agricultural slavery, only limited cases had been brought to court. Referring to the incident of 27 January 2012, when the local authorities of Dar Naim had prohibited the holding of a rally organized by the CLTM, he said that anti-slavery activism was severely repressed by the authorities. Mauritania had been one of the first countries to ratify the Protocol to the Convention. However, if the principles of the Convention were not realized in national law and practice, the significance of ratification and the value of any ILO instruments would be reduced. He requested the Committee to recommend the Government to take immediate action to align its practices and to comply with the obligations under the Convention.

The Worker member of Burkina Faso recalled that slavery and human trafficking were recognized as crimes against humanity and that Mauritania had ratified the Convention in 1961: consequently, it must apply it rigorously. He wondered whether Mauritania was consciously or unconsciously encouraged in its practices by other States. In turning a blind eye to the non-application of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Labour Administration Convention, 1978 (No. 150), a State left its labour inspectors and controllers at serious risk of all forms of repression by employers, which encouraged a culture of impunity and slavery-like practices. All forms of slavery, whether traditional or modern, were reprehensible. The speaker congratulated Mauritanian workers on their continued struggle to put an end to slavery and encouraged the governmental authorities to take the lead in applying ratified Conventions. Respect for the Convention in different countries needed to be examined with respect to the working conditions, independence and protection of labour inspectors, on the one hand, and respect for the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), on the other.

The Government representative recalled the exhaustive presentation he had made to highlight the action taken since the previous session of the International Labour Conference, which had focused on the efforts made to respond to the Committee’s recommendations. Traditional forms of slavery no longer existed in Mauritania, as had been pointed out by the President of the Republic, and every effort was being made to combat any modern forms of slavery that might persist. While the labour inspectorate was insufficiently equipped to combat forced labour effectively, a lack of resources of this kind was a common phenomenon in many African countries. Nevertheless, reforms had been made in the previous two years to respond to the pressing need for rigorous supervision of the application of labour legislation in this area. A support programme to strengthen labour institutions was being implemented with ILO support. Administrative and security authorities that failed to follow the procedures established by law when a case of slavery was referred to them were liable to disciplinary and criminal penalties. Contrary to what had been said, civil society was well represented in the Tadamoun Agency. Prosecutions and judicial proceedings had gone ahead. The Government representative had brought to the Committee’s attention the cases that had resulted in convictions, as well as those which had given rise to acquittals for lack of evidence. If a number of Mauritanian workers had failed to obtain their visas in time to participate at the Conference, it was not the fault of the Government, which had fulfilled its obligations. Some members of the Government delegation had faced the same problem. In conclusion, he reiterated the progress made since 2015. Every effort had been made to combat this scourge. He regretted the fact that his country was appearing before the Committee once again, but this was undoubtedly due to external factors that had not been identified.

The Employer members thanked the Government for the comprehensive information provided on the actions it had taken since June 2015, including the enactment of the new legislation which provided for stricter penalties, and the ratification of the Protocol to the Convention. Notwithstanding the efforts that had been made in the past year, and considering that the situation had been discussed by the Committee for many years, a lot of work still needed to be done in the country. The situation remained of great concern because of the vulnerability of victims of slavery. In the Committee’s conclusions, the Government should be urged to: (i) effectively implement the new law, which had replaced the 2007 Act; (ii) effectively implement the national plan and roadmap to combat the vestiges of slavery, including by providing comprehensive victim support and processes; (iii) provide the resources necessary to properly fund the Tadamoun Agency and labour inspectors to enable them to do the necessary work in this regard; (iv) continue its programme of awareness raising, to be targeted towards the general public, the central authorities, religious authorities and the judiciary; and (v) avail itself of continued ILO technical assistance. The Government was also urged to report in detail to the Committee of Experts at its November 2016 meeting on the implementation of the enforcement measures, including statistics on the number of cases investigated and prosecuted.

The Worker members drew attention to the efforts made by the Government to establish the most comprehensive array of legislation possible in order to combat slavery. They welcomed the timely ratification of the Protocol to the Convention. However, it was deeply regrettable that the Government had been unable to implement and apply the legal instruments which it had adopted. It was futile to establish rights without ensuring that they could be exercised in practice, and the Government should take the appropriate measures to produce swift and tangible results. The first step would be to formally recognize the existence of slavery in Mauritania, after collecting detailed data on the nature and incidence of slavery, as recommended by the Committee of Experts. The Government should also establish procedures to follow-up on and evaluate the implementation of measures to eradicate slavery. The 2015 anti-slavery legislation needed to be strictly enforced in order to ensure that investigations were conducted and those responsible for the practices of slavery were prosecuted and received sentences that were commensurate with their crimes. The strengthening of the labour inspectorate and of mechanisms for supervising the application of the legislation were essential in that regard. The justice system should be provided with sufficient resources for prosecutions to be carried out within a reasonable period of time. The authorities responsible for conducting such proceedings should be trained and public awareness should be raised about slavery-related offences. The Government should implement the roadmap to combat the vestiges of slavery. It was also important to provide the Tadamoun Agency with the necessary support, and to allow civil society and the social partners to participate in its work. The development and implementation of campaigns to raise awareness among the general public, victims of slavery, the police, the administrative and judicial authorities and the religious authorities, was an indispensable measure for combating the practices of slavery that were embedded in culture and tradition. In order to promote the economic and social integration of persons subjected to slavery, the authorities should guarantee access to state resources and services for vulnerable groups. The authorities should also collaborate with associations, trade unions and NGOs that were combatting slavery, and cease to obstruct their work. The Government should avail itself of ILO technical assistance and accept a direct contacts mission to help it take further action. The Worker members expressed the hope that the Government would submit a report on the measures taken, particularly the application of the 2015 Act criminalizing slavery, before the 2016 meeting of the Committee of Experts. Lastly, the absence of the Mauritanian worker delegates, who had set their hearts on being present to share their experiences with the Committee, was deeply regrettable.

Conclusions

The Committee took note of the information provided by the Government representative and the discussion that followed on issues raised by the Committee of Experts.

The Committee noted the information provided by the Government but expressed deep concern that, in practice, the Government had yet to take sufficient measures to combat slavery despite the numerous times the Government had been called before the Committee. In particular, the Committee was concerned that the Government had prosecuted very few of those responsible for the crime of slavery and had imposed light penal sanctions that have little, if any, dissuasive effect.

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

• - Strictly enforce the 2015 anti-slavery law to ensure that those responsible for the practice of slavery be effectively investigated and prosecuted and receive and serve sentences that are commensurate with the crime.
• - Strengthen the labour inspectorate and other relevant enforcement mechanisms to combat the exaction of forced labour.
• - Ensure that prosecutions at the special courts for slavery crimes are supported and processed in a timely manner, with training for law enforcement officials around the country on the identification and referral of cases, and with public awareness-raising campaigns around the convictions.
• - Implement fully the Road Map to Combat the Vestiges of Slavery, including comprehensive victim support and prosecutions. This should include the following:
  • – reinforcement of the capacity of the authorities to prosecute and administer the justice system in relation to slavery;
  • – anti-slavery prevention programmes;
  • – specific programmes enabling victims of slavery to reintegrate into society;
  • – awareness-raising programmes.
• - Facilitate the overall social and economic integration of those subjected to slavery into society, including the Haratine and other marginalized groups affected by slavery and slavery-like practices, and ensure they have access to services and resources.
• - Provide necessary support to the National Agency to Fight against the Vestiges of Slavery, for Social Integration and to Fight against Poverty, or “Tadamoun”, for its programmes to specifically focus on reaching, supporting and empowering slavery-affected communities and individuals; involve the social partners in the fight against slavery through those programmes and, in particular, in the working of the Tadamoun agency.
• - Develop and implement awareness-raising campaigns for the general public, victims of slavery, police, administrative and judicial authorities and religious authorities.
• - Collect detailed data on the nature and incidence of slavery in Mauritania, as recommended by the Committee of Experts in 2016, and establish procedures for monitoring and evaluating implementation of efforts to end slavery.

In this regard, the Committee urged the Government to avail itself of ILO technical assistance and of a direct contacts mission. The Committee also asked the Government to report in detail on the measures taken to implement these recommendations, in particular on the enforcement of the 2015 anti-slavery law, to the next meeting of the Committee of Experts in November 2016.

The Committee also noted with concern the fact that the Government failed to ensure that visas were provided to Workers’ delegates to allow them to participate in the work of the Committee.

The Government representative stated that he had followed with interest the Committee’s conclusions on the case under discussion. Most of the recommendations made had already been implemented or were in the process of being implemented. The issues raised formed part of the priorities of the Government, which would continue to work to address them. Regarding the allegations of obstructing the issuing of visas for the Worker representatives to the Conference, the Government had taken the necessary steps within the deadlines. In that respect, for the sake of the normal development of the trade union movement and promotion of social dialogue championed by the Government, it was desirable for the parties concerned to draw inspiration from the principles of the resolution concerning the independence of the trade union movement adopted by the Conference in 1952, including that: “when trade unions in accordance with law and practice of their respective countries and at the decision of their members decide to establish relations with a political party or to undertake constitutional political action as a means towards the advancement of their economic and social objectives, such political relations or actions should not be of such a nature as to compromise the continuance of the trade union movement or its social and economic functions”. Mauritania had provided tangible proof of its firm commitment to comply with ILO standards as an absolute priority.