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

Individual Case (CAS) - Discussion: 2017, Publication: 106th ILC session (2017)



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./

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

Individual Case (CAS) - Discussion: 2015, Publication: 104th ILC session (2015)



A Government representative, after commending the work of the Committee, indicated that the Government had been steadfastly committed for several decades to combating the vestiges of slavery, ill-treatment and exploitation, particularly through legal and institutional reforms and the implementation of social and economic development programmes to combat the vestiges of slavery. Serious and audacious legal and institutional reforms had been adopted in 2012. Pursuant to Constitutional Act No. 2012-015 of 20 March 2012, article 13 of the 1991 Constitution was amended to define slavery as an imprescriptible crime against humanity and was punished accordingly. This Act strengthened Act No. 2007/48 of 9 August 2007 which defined as an offence slavery and slavery-like practices. The 2007 Act thereby defined for the first time a slave and slavery, and provided for the possibility for any legally recognized human rights association to report crimes detected and to offer assistance to victims. This was a significant step forward, which exposed those who might go against the law to public condemnation. In addition to the measures that had been taken to support the law, Parliament was examining two bills. The first centred on the Act to combat torture which would repeal and replace Act No. 2013-011 of 23 January 2013 prohibiting the crimes of slavery and torture as crimes against humanity. The second bill presented to Parliament concerned Decree No. 2006.05 of 26 January 2006. It would allow persons with insufficient financial resources, which was the situation for victims of the vestiges of slavery, to defend their rights before the courts. In addition, he made mention of the establishment of a court responsible for prosecuting crimes inherent in slavery, and indicated that the judges for this court were being selected for training. The Government was formulating programmes dedicated to combating the vestiges of slavery with ILO support. On 6 March 2014, the Government had adopted a roadmap for combating the vestiges of slavery following consensus among a number of participating departments. This strategy was coupled with an action plan which was centred on legal and socio-economic priorities, and on awareness raising. An inter-ministerial committee chaired by the Prime Minister and encompassing all the relevant departments had been set up and met on a regular basis to follow up on the implementation of this strategy. The evaluation of the stages carried out in May 2015 showed that real progress had been made in the socio-economic sphere, particularly by the Tadamoun agency, established in March 2013 to combat the vestiges of slavery and to promote integration and poverty reduction. The efforts of this agency had given rise particularly to the building of schools, clinics, health posts, and social housing, and to the distribution of rehabilitated land and access to drinking water in areas inhabited mainly by persons who suffered the vestiges of slavery. The Government would communicate to the ILO all the statistics on the activities of the agency and their impact on the reduction of the vestiges of slavery. Furthermore, the Government had launched an information campaign on these issues. A Fatwa prohibiting slavery had been adopted by the Assembly of Ulemas and had been widely disseminated. The speaker indicated that the critics of this policy could no longer continue to deny the existence of slavery. The Government would continue its efforts to renew and modernize the rule of law, the first beneficiaries of which were the victims of the vestiges of slavery. The speaker emphasized, in that regard, that the Government was preparing, with ILO support, two important programmes which would reinforce that national effort. The first, on the elimination of child labour, had led to the drafting of a national action plan for the elimination of child labour in Mauritania (PANET-RIM) which had been adopted by the Council of Ministers on 14 May 2015. The second also aimed to eradicate the vestiges of slavery and would be prepared before the end of the year, and would provide for support for legislative changes, institutional strengthening, capacity building for the implementation of the law, research, awareness raising and support for victims. He mentioned that, despite this significant progress, Mauritania was once again part of the individual cases relating to the application of this Convention, owing to outdated or incomplete information submitted to the Committee. He concluded by reaffirming the Government’s determination to permanently eradicate the vestiges of slavery.

The Worker members expressed regret at the fact that the information provided by the Government had not been reproduced in a written document. The Convention had been ratified by Mauritania in 1961 and since then the case had been examined many times by the Committee. In the wake of the Committee’s discussions in 2002 and 2003, a number of missions had taken place to the country (in 2004 and 2006) and a set of recommendations had been formulated. In 2010, while welcoming certain elements, the Committee had urged the Government to play a key role in awareness raising, and to make the public and the authorities understand that it was essential to eradicate slavery. They had also called for the adoption of a national plan for combating slavery, in close collaboration with the social partners and civil society organizations. The Government was due to take measures to provide victims with recourse to the judicial authorities and the police and report on the measures taken, including providing reliable quantitative and qualitative information on the characteristics of slavery and its vestiges. At the present time, Mauritania was one of the last countries in the world where traditional forms of slavery persisted. The Worker members pointed out that the Committee of Experts had noted with regret the absence of reports in 2013 and 2014. Moreover, according to the United Nations Special Rapporteur on contemporary forms of slavery, despite the abolition of slavery in 1981, its definition as a crime against humanity in 2012, and the announcement of the creation of a special court for prosecuting crimes of slavery, the relevant laws and policies were not fully applied and the lack of reliable information was a particular source of concern. The Worker members declared that slavery simply could not be tolerated and that Mauritania must embark on a path of change without delay. Even though, according to the Committee of Experts and the Special Rapporteur, Act No. 2007/48 criminalizing slavery and punishing slavery-like practices had been widely publicized, victims continued to face problems in asserting their rights vis-à-vis the competent authorities, which were failing to take action on complaints. It should also be recalled that it was just in the presence of a complaint that an investigation could be launched, and yet the law did not authorize human rights organizations to bring complaints on behalf of victims of slavery. Furthermore, the police either refused to conduct inquiries into allegations of slavery or, at best, such inquiries merely took the form of a face-to-face meeting between the parties in which the victims, who were in an extremely vulnerable position, had no choice but to amend their statements, after which the case was reclassified as a labour dispute or one involving exploitation of minors. The judicial authorities also refused to prosecute those suspected of engaging in slavery-like practices. Despite the prosecutor having the obligation to notify the complainant of the decision whether or not to prosecute within eight days, numerous complaints had remained pending without the prosecutor providing the complainant with information. Complaints rarely led to a trial because the legal deadlines were systematically missed. SOS-Esclaves highlighted the reluctance of judges, most of whom originated from the Beidan community, to convict slave owners and award compensation to victims, out of fear of being ostracised by their own community. Even though the Committee had shown understanding with regard to the weight of traditions, culture and beliefs, the conclusions that it had formulated in 2010 had not been acted upon. Victims of slavery were still unaware that their situation was illegal or unjust and lived in acceptance of their inferior status. For that reason it was difficult for them to make use of the Act of 2007.

With regard to the National Agency to Combat the Vestiges of Slavery and to Promote Integration and Poverty Reduction (Tadamoun agency), the creation of which was welcomed in 2013, the Committee of Experts questioned its institutional and financial capacity to implement the roadmap for combating the vestiges of slavery adopted in 2014. It would appear to have done nothing to tackle the issues of slavery and its mandate seemed to be limited to dealing with the vestiges of slavery and not with persistent slavery-like practices, which showed a lack of will on the part of the authorities in this respect. The roadmap represented a positive step forward but did not provide for specific victim protection measures, did not confer locus standi on third parties and continued to impose the burden of proof on the victim. However, it did make provision for the setting up of an emergency fund designed to bring socio-economic assistance to persons removed from slavery and for positive actions in favour of the descendants of slaves. The one-year implementation time frame was unrealistic in view of the situation. The Worker members also highlighted the situation of children kept in servitude, who worked for a master from early youth and had no access to education. Considered as the master’s property, they could be hired out, loaned, given as a wedding present or left as a legacy to the master’s descendants. The descendants of slaves who were no longer under the control of their master generally had limited access to education owing to their marginalization. They therefore failed to acquire the skills that would enable them to undertake work other than domestic work or activities in stockbreeding or agriculture. The trade unions had campaigned actively against slavery-like practices. However, in January 2015, the Mauritanian authorities had intervened to prevent the Free Confederation of Mauritanian Workers (CLTM) from conducting a campaign to raise public awareness of anti-slavery legislation, thereby showing that they were still clamping down on anyone who dared to denounce the widespread persistence of the scourge of slavery. The situation was extremely serious and the Government seemed reluctant to abolish slavery once and for all. Even if the political, cultural and economic obstacles were understood, the Government had to act without delay.

The Employer members indicated that this session of the Conference Committee dealt with the 18th observation of the Committee of Experts on this case, which was a tragic one of continuing slavery entailing the country’s own population. They thanked the Government for the information on measures undertaken and for its efforts to fight slavery. The Employer members, however, expressed deep concern that the Government had not provided its report in 2013 and 2014, which they considered itself a matter of grave non-compliance with its obligations. Act No. 2007/48 criminalizing slavery and punishing slavery-like practices had been enacted and well publicized, but, 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 observed in the result that only one person had so far been convicted under the Act. It was clear that the Government’s will to apply and enforce the Act was missing, contrary to the provision of Article 25 of the Convention. The Employer members observed that the main difficulties in the effective application of the Convention were due to cultural obstacles and reluctance of the public administration to deal with the cases of slavery. Apart from the abovementioned case of conviction of one person, all other cases had not been pursued due to the absence of evidence or the pressure exerted on the victim to withdraw the claim, resulting in the absence of justice, equality and freedom since Mauritania’s ratification of the Convention in 1961. While they were satisfied to hear at this Committee the explanations by the Government on steps taken since last year, they indicated that the Government was not only obliged, but had a deep human duty to act now, and called upon the Government to adopt a comprehensive strategy to combat slavery and slavery-like practices. Such strategy would include: (1) as a matter of priority, the reinforcement of the administration of justice in relation to slavery through a specialized court, inspectorate, and prosecutors as well as centres for victim care; (2) prevention through legislation; (3) safety nets for victims (e.g. rehabilitation centres, skills development programmes and financial assistance) and poverty eradication programmes; and (4) awareness-raising activities aimed at nurturing a common understanding that slavery was not acceptable in today’s society, and at facilitating victims and civil society members in reporting cases anonymously and dealing with the victims’ trauma. The Employer members indicated that the Government could not be allowed to choose not to report on the application of Conventions. They recalled that a sizeable number of people in Mauritania were suffering from slavery as this Committee was meeting, and that the exchange of diplomatic discourses was no longer sufficient.

A Worker member of Mauritania said that it pained him to see Mauritania repeatedly summoned to appear before the international bodies. The problem stemmed from the way in which policies and actions were implemented, managed and evaluated. Any approach that was not participatory would not produce the intended effects. It should be noted that the National Agency to Combat the Vestiges of Slavery and to Promote Integration and Poverty Reduction (Tadamoun agency) was exclusively controlled by the Government, with no participation by the population or non-governmental organizations (NGOs), and that the trade unions had not been involved in the development of the roadmap. The trade unions had been invited to the opening ceremony of the workshops on the evaluation of the roadmap in May 2015, but they had not been allowed to participate in the evaluation workshops. Social dialogue should be pursued with the Government and all the organizations concerned and objectives needed to be set outside the international bodies. When the Government had explained that the Act of 2007 enabled NGOs to provide assistance to victims, it had failed to mention that the right to organize was subject to the system of prior agreement, and that many human rights organizations had been unable to register. The leader of one organization had even been imprisoned for supposedly running an illegal organization. Dialogue must be inclusive in order to develop a policy based on consensus, and to enable Mauritania to turn the page. In that regard, the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, was a key element that would provide a coherent framework for that policy.

Another Worker member of Mauritania expressed his total disagreement with the Worker and Employer members, as the situation they described in no way reflected the reality in the country. Slavery was a crime that should be condemned but a conspiracy surrounding the issue existed within international bodies. This issue was always raised to put pressure on countries. Even though the vestiges of slavery persisted, the shocking stories that had been told with regard to Mauritania could not be accepted. Slavery in Mauritania had affected all sectors of the population. The Government was making efforts and those who wished to help the country were invited to participate. Mauritania had come out of slavery and henceforth references should be made to the vestiges of slavery. The speaker concluded by objecting to the manner in which Mauritania had been treated within the present Committee.

The Employer member of Mauritania expressed support for all the measures aimed at strengthening the rule of law, because only democracy, equality and justice could ensure the attainment and perpetuation of social peace throughout the country. The Government was continuing its efforts to eradicate the vestiges of slavery. It could boast many achievements in both urban and rural areas and in several different fields, including education and health. In terms of legislation the Government had had slavery classified as an imprescriptible crime against humanity for which there was no statute of limitations and had adopted important institutional measures that were part of a more extensive and ambitious economic development programme. The speaker had been personally involved in the design of most of those policies and strategies, and he commended the Government for its obvious determination to do its utmost to eradicate the last traces of slavery. He called for even more government efforts to attain an objective that would not be easy and would require extensive human and financial resources. As part of its role in eliminating slavery, the Office should obtain more complete and objective data and should support the multiple efforts that Mauritania was making. For their part, Mauritanian employers would continue to work alongside the Government and its social partners to promote labour policies in favour of job creation, vocational training and the reduction of poverty.

The Government member of Latvia, speaking on behalf of the European Union (EU) and its Member States, as well as Albania, Armenia, the Republic of Moldova, Montenegro, Norway, Serbia and the former Yugoslav Republic of Macedonia, recalled the commitment made by Mauritania under the Cotonou Agreement to respect democracy, the rule of law and human rights principles which included those provided for in the Convention. While legal measures had been taken, especially Act No. 2007/48 criminalizing slavery and punishing slavery-like practices, the Government should continue taking measures, as victims of forced labour continued to face problems in being heard and asserting their rights. She also encouraged the Government to fully implement the 29 recommendations contained in the roadmap through measures aiming at specific and rapid results. The speaker called on the Government to discharge its reporting obligations with respect to ILO Conventions, and expressed the readiness of the EU to cooperate with the Government to promote development and the full enjoyment of all human rights.

The Worker member of South Africa, speaking also on behalf of the Worker members of Angola, Ghana, Liberia, Nigeria, Sierra Leone and Swaziland, emphasized the key role of this Committee in contributing to combat slavery. The situation of victims of slavery was comparable to that of migrants. Slavery in Mauritania was rooted in its history and culture, and was condoned by those seeking power. Although Act No. 2007/48 had criminalized slavery, punished slave-like practices, and provided for roles of human rights defenders, slavery was still rife with persons continued to be enslaved and treated as property. The speaker indicated this continued existence of slavery was owing to the lack of enforcement and zero-tolerance policies, as exemplified in the fact that since the adoption of Act No. 2007/48, only one case of slavery had led to a court conviction. Moreover, he lamented the Government’s lenient and partial attitude towards those found practising slavery and the intimidation faced by victims trying to seek justice. In concluding, the speaker stressed the need to establish victim support programmes aimed at reducing dependency through secure and viable employment, with the participation of social institutions, public authorities as well as the social partners.

The Government member of Egypt noted the efforts made by the Government with a view to bringing an end to forced labour and creating conditions under which Mauritanian workers would work in a dignified and decent manner. The speaker stated that legislation, in particular Act No. 2007/48, had also been enacted. The Act criminalized slavery and practices similar to slavery, and provided for sanctions for perpetrators. She also noted the roadmap to combat the vestiges of slavery. The speaker recalled that the goal was to end forced labour so that the country would be in line with its commitment to international labour standards. She expressed the support for the Government’s effort that appeared promising, and hoped that this Committee would take due note of what had been achieved in this respect.

The Worker member of the United Kingdom, speaking also on behalf of the Worker member of Mali, said that the legislation and programmes adopted to criminalize slavery, which affected at least 18 per cent of the Mauritanian population, had had minimal impact. Victims continued to suffer from slavery, entrenched in the society and culture, as noted by bodies such as the UN Special Rapporteur on contemporary forms of slavery or Anti-Slavery International. The speaker indicated that Act No. 2007/48 did not provide justice or redress to victims. The Act provided only for criminal cases against the alleged master without providing the victims with means to escape from servitude. The Act allowed only the victim to bring a case with the burden of proof on him/her. These were difficult legal processes for the victims to handle, as they lacked necessary financial means and education. Investigations of the complaints often ended in a non-conclusive manner. Masters were arrested and quickly released on bail, as was the case with respect to the only case of conviction under Act No. 2007/48. Interviews with both the victims and the masters present would put the victims under extreme pressure. The other programmes had not produced much progress. The Tadamoun agency had done little work on slavery. The 2014 roadmap process had not included unions or employers in the implementation and had failed to achieve real development. A bill to replace Act No. 2007/48, currently before the National Assembly, included some improvements, including the possibility for NGOs to bring civil complaints on behalf of the victims. She emphasized that the legislative provisions were not sufficient. There needed to be real will to deal with the practice and concerted measures fully involving the social partners, in order to eradicate forced labour and slavery.

The Government member of Mali took note of the information provided by the Government on the steps that had been taken to ensure the application of the Convention, to eliminate forced labour in general and more specifically, to combat the vestiges of slavery. The Government’s efforts and determination over the past few years to resolve the issue of slavery should be recognized and encouraged, with particular reference to the following measures: (1) the adoption of a constitutional act criminalizing slavery; (2) the bill against torture; (3) the bill on legal assistance; (4) the establishment of a special court to clamp down on crimes related to slavery and to provide training for judges; (5) the adoption of a roadmap to combat the vestiges of slavery; and (6) the setting up of different programmes with the support of the ILO. The speaker encouraged the Government to be tireless in continuing its efforts and to request the Office to provide additional assistance and cooperation.

The Worker member of France stressed the need to be consistent. She recalled that, as part of the Economic Partnership Agreement (EPA) between the West African States, the Economic Community of West African States (ECOWAS) and the West African Economic and Monetary Union (WAEMU), on the one part, and the European Union (EU) and its Member States, on the other part, Mauritania would have to do away with 75 per cent of its import duties. It would thus lose a considerable slice of its budgetary income, which was vital for the local population. That kind of aggressive trade policy, which rendered local farms and small industries less competitive, placed additional pressure on the economy, and might well perpetuate the very forms of slavery that were denounced by trade unions and civil society organizations alike. The EU must not enter into trade agreements that were liable to institutionalize forced labour and, at the same time, expect the Government, as it did in a European Parliament resolution of December 2014, to continue its efforts to eliminate contemporary forms of slavery. The resolution also stated that human rights activists were being persecuted. Three activists belonging to the Mauritanian Initiative for the Resurgence of the Abolitionist Movement (IRA) (Mr Brahim Jaddou, Mr Yacoub Inalla and Mr Salar Ould Houssein) had in fact been sentenced to several months’ imprisonment and Mr Biram Dah Abeïd, an emblematic anti-slavery advocate who was recognized as such in the country, had in January 2015 been sentenced to two years’ prison and now faced the death sentence for having organized anti-slavery meetings. In its resolution the European Parliament called on the Government to free Mr Biram Dah Abeïd and “to permit anti-slavery activists to pursue their non-violent work without fear of harassment and intimidation”. It was essential that the important laws that had been passed in 1981 and 2007 be implemented in practice, and that meant freeing all the human rights activists who were engaged in combating slavery.

The Government member of Morocco pointed out that the Committee of Experts’ comments related to the effective application of legislation on forced labour and the strategic and institutional framework for combating slavery. The Government had provided information in reply to those comments; the legal and institutional reforms to the existing framework were intended to criminalize slavery and any other form of human servitude. Two bills were planned to cover the fight against torture and the right of those suffering the effects of slavery to take legal action. In addition, programmes and projects had been introduced with the help of the United Nations. These measures demonstrated the Government’s will to harmonize its national legislation and practice with the provisions and principles of the Convention. Its efforts should therefore be supported and it should be given more time to reply to the outstanding requests.

The Government member of Tunisia noted the efforts undertaken by the Government to combat the vestiges of slavery, promote the rights of workers and apply the Convention. The legal and institutional reforms, development programmes and the establishment of a court to punish crimes related to slavery, as well as the roadmap adopted in 2014, were irrefutable evidence of the commitment and determination of the Government to effectively combat slavery and its vestiges. Expressing her conviction that the ILO International Programme on the Elimination of Child Labour (IPEC) and the programme to support the roadmap would contribute to achieving the objectives set by the Government, she called on the Office to continue providing technical assistance to the Government, and encouraged the Government to continue its efforts to eradicate the vestiges of slavery once and for all and to comply with the provisions of the Convention.

The Government member of Algeria welcomed the measures taken by the Government to combat the vestiges of slavery. According to the information provided by the Government, legal and economic measures were taken through the adoption of several texts to prohibit slavery and compensate the victims. Several ministries implemented development programmes for vulnerable groups of persons in certain areas. Attention should be drawn to the establishment of the Tadamoun agency, which was responsible for combating the vestiges of slavery and ensuring the integration of the victims. These measures enabled the application of the relevant international standards. He also wished to highlight the Government’s efforts and encouraged it to continue in that direction. In its conclusions, the Committee should take into account the information provided by the Government, which demonstrated its full willingness to implement the necessary measures to guarantee the effective application of the Convention.

The Government member of Qatar took note of the Government’s statement on measures taken, and encouraged the Government to continue its effort in order to fully implement the Convention.

The Government representative recalled that he had informed the Committee of his Government’s efforts to work with the ILO and other organizations. He was surprised by the statement from the Employer members, whose lack of respect towards Mauritania was tantamount to provocation and did nothing to help matters. As for the indictment from the Worker members, they were simply false statements that failed to take into account all that had been achieved. The truth was that a great deal had been achieved, both in juridical terms and through the implementation of effective programmes and public awareness campaigns, to combat the phenomenon. The discussions had also mentioned the important role of the religious authorities. He congratulated the Mauritanian employers and workers on their recognition of the positive measures that had been adopted. He assured them that the Government would do everything to ensure that they were able to engage in the ongoing dialogue, in which he invited them to participate. Freedom of the press was guaranteed in Mauritania, where a series of debates had been organized. It was incredible to hear people claim that Mauritania was full of slaves whose only prospect was to emigrate to Europe. Many Mauritanians did emigrate to Europe, but they amounted to fewer than one in a thousand. As to enforcing the law, 26 cases had been brought to trial. Those were genuine efforts that ought to be highlighted. The roadmap was a concerted exercise in which the social partners had been involved. In fact, the United Nations Special Rapporteur on contemporary forms of slavery had returned to Mauritania as a consultant under ILO technical assistance, proof enough that she believed it was useful to continue supporting the Government’s efforts. The Government’s attitude showed that it was genuinely determined to put an end to the practices that had been denounced. In conclusion, he thanked all those – including the ILO – who had supported Mauritania in its implementation of the programmes referred to.

The Employer members stated that they had heard the responses from the Government and the situation was of great concern, especially for the vulnerability to which victims of slavery were exposed. The Government was requested to continue to employ all means it had at its disposal to eliminate slavery in the country. The Government was urged to: (1) effectively implement the 2007 Act that criminalized slavery, the National Plan to Combat the Vestiges of Slavery (PESE) and the roadmap, by providing comprehensive victim support and processes through the reinforcement of the capacity of authorities in prosecuting and administering the justice system in relation to slavery, prevention programmes, specific programmes enabling victims to escape, and awareness-raising programmes, including those targeted at the general public, the central authorities, judges and religious authorities; (2) provide the resources necessary for PESE and promote the National Agency to Combat the Vestiges of Slavery and to Promote Integration and Poverty Reduction (Tadamoun agency) to work properly; (3) avail itself of ILO technical assistance, and (4) report in detail on the improvement of enforcement measures at the Committee of Experts’ November 2015 meeting.

The Worker members thanked the Government for the information provided but stressed the importance of submitting the report that was due to the Committee of Experts. In the absence of that report, analysis of the situation could only be based on information that existed elsewhere, such as in the report of the United Nations Special Rapporteur on contemporary forms of slavery. Discussions had unfortunately revealed an extremely serious situation where slavery-like practices were protected or even encouraged by the Government. The important thing for the Committee on the Application of Standards was that the Haratines represented not an isolated group but a majority of the population. The problem was a threat to national unity and cohesion. Those workers were both exploited and discriminated against in all areas of working and civilian life, in terms of: deprivation of social, cultural and economic advancement; denial of the right to property; lack of basic infrastructure to the detriment of workers (including schools, health centres, roads and wells). The Government had to take the necessary steps to ensure the social and economic integration of former slaves into society. The Government may have taken some measures, but the problems that existed needed to be highlighted. The Government was obstructing the action of workers’ organizations in Mauritania in general and of the CLTM in particular, whereas the latter was seeking to denounce the facts and conduct awareness campaigns. The Committee had asked the Government to conduct such campaigns in 2010, but the Government had not sufficiently done so. It was time that the perpetrators as well as their victims and the administrative and judicial authorities were made aware of the inhuman nature of slavery-like practices. The Government had to understand that its inertia, which had long been, was no longer excusable, particularly after the follow up to the initiatives of this Committee and the ILO. The Committee’s goal was to find constructive solutions to eradicate the scourge of slavery. The Worker members asked the Government to collect detailed data on the nature and impact of slavery in Mauritania and to supply it to the Committee of Experts before its next session. It must ensure the rapid and effective handling of complaints relating to slavery, in connection with the Act of 2007 and the 2012 reform of the Constitution. Independent magistrates needed to be appointed to the special tribunal responsible for dealing with slavery-related complaints, and the tribunal needed procedures to ensure free and easy access for the complainants and all the representative organizations assisting them. Exploited persons would be protected from pressure if third parties were authorized to represent the victims of slavery. Furthermore, the National Agency to Combat the Vestiges of Slavery and to Promote Integration and Poverty Reduction (Tadamoun agency) should be allocated the necessary financial and human resources to enable it to effectively discharge its mandate, which should be reoriented towards action against the damage resulting from slavery. The roadmap of 2014, which provided a reference point, should contain a specific section on the protection of victims and the issue of the burden of proof, which should not fall on the complainant victims. The Worker members asked the Government to introduce amendments to the Act of 2007 to make it possible: (a) to give third parties, such as trade unions and human rights organizations the right to act and bring accusations on behalf of the victims; (b) to ensure that the burden of proof did not fall on any person presumed to be a slave; and (c) to impose stiffer prison sentences for the crime of slavery, to bring them into line with international standards and the jurisprudence on crimes against humanity. The Government should see the point of cooperating more systematically with the trade unions – which had demonstrated their capacity for taking action and conducting well-structured awareness campaigns – instead of interfering in their activities. The Worker members asked for a direct contacts mission to take place, since that was the measure most likely to generate solutions and activities for raising awareness of the fight against slavery and to compensate for the damage that it caused. The Worker members called for the release of Mr Biram Ould Dah Abeïd, who had been sentenced to two years’ imprisonment and was at risk of the death penalty. In view of the persistence of the case and the blatant lack of progress for many years, they also requested that the present case be inserted in a special paragraph of the Committee’s report.

Conclusions

The Committee took note of the oral information by the Government representative and the discussion that followed. The Committee recalled that it had discussed the present case on six previous occasions and that a fact-finding mission had visited Mauritania in 2006, at the request of the Conference Committee.

The Committee noted that the outstanding issues raised by the Committee of Experts related to the ineffective implementation of Act No. 2007/48 of 9 August 2007 criminalizing slavery and punishing slavery-like practices, including: the difficulty for victims of slavery to be able to assert their rights before the competent law enforcement and judicial authorities as reflected in the low number of judicial proceedings; the need to carry out awareness-raising measures about the illegality and illegitimacy of slavery amongst the population and the authorities responsible for enforcing the 2007 Act; and the need to effectively implement the various recommendations contained in the roadmap for combating the vestiges of slavery which was adopted in March 2014.

The Committee noted the Government’s statement outlining laws and policies put in place to combat all vestiges of slavery. This included constitutional amendments as well as the adoption and implementation of 2007 Act which defined slavery for the first time and empowered human rights’ associations to report violations of the 2007 Act and to assist victims. The Committee further noted the Government’s indication that a Bill was under review which would, amongst other things, provide for the setting up of a special court to deal specifically with offences related to slavery and slave-like practices. The Committee also noted the information on the various awareness-raising activities undertaken and programmatic measures targeted at reducing economic and social inequalities by improving means of existence and the conditions for the emancipation of the vulnerable social groups affected by slavery and its vestiges. Finally, the Committee noted the Government’s statement that it would continue to avail itself of ILO technical assistance in order to achieve tangible progress in the application of the Convention.

Taking into account the discussion that took place, the Committee urged the Government to:

• strictly enforce the 2007 Act 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;
• amend the 2007 Act to grant third parties, including trade unions a locus standi to bring charges and pursue cases on behalf of victims, consider shifting the burden of proof, and increase the prison sentence for the crime of slavery to a period in line with international standards for crimes against humanity;
• implement fully the National Plan to Combat the Vestiges of Slavery (PES) and the roadmap for combating the vestiges of slavery, including comprehensive victim support and processes. 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 escape.
  • – Awareness-raising programmes.
• provide necessary resources to the National Agency to Fight against the Vestiges of Slavery, for Social Integration and to Fight against Poverty, or “Tadamoun”, and ensure that its programmes include those aimed at addressing and combating slavery;
• develop and implement public awareness-raising campaigns for the general public, victims of slavery, police, administrative and judicial authorities and religious authorities;
• facilitate the social and economic integration of those formally subjected to slavery into society, in the short-, medium- and long-term, and ensure that Haratine and other marginalized groups affected by slavery and slavery-like practices have access to services and resources;
• collect detailed data on the nature and incidence of slavery in Mauritania and establish procedures for monitoring and evaluating implementation of efforts to end slavery;
• avail itself of ILO technical assistance to implement these recommendations; and
• report in detail on the measures taken to implement these recommendations, in particular on the enforcement of anti-slavery laws, to the next meeting of the Committee of Experts in November 2015.

The Committee decided to include its conclusions in a special paragraph of the report.

The Government representative took due note of the conclusions of the Committee and stated that the Government would do everything possible to include the conclusions in the national legislation. He hoped that these changes would reflect the efficient collaboration between the ILO and Mauritania.

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

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.

Individual Case (CAS) - Discussion: 2005, Publication: 93rd ILC session (2005)

A Government representative stated that the inclusion of this case in the list of cases to be examined by the current session of the Committee was seen by his country as a constructive step, motivated by the intention to draw up an inventory of progress made in implementing the recommendations of the Committee of Experts, in particular following the direct contacts mission of May 2004.

The Government representative presented the measures taken by his Government since then: (1) the adoption of a draft Labour Code elaborated with the assistance of the ILO and the entry into force of the Labour Code on 16 July 2004; (2) the extension of the definition of forced labour provided in article 5 of the draft Labour Code to forced labour which did not result from the non-execution of an employment contract, in conformity with the formula proposed by the Committee of Experts; (3) the criminalization of forced labour through the Act of 17 July 2003 and by virtue of sections 5 and 435 of the new Labour Code. The penalties provided for also applied to aggravated acts of violence or threats of violence exercised by a person in order to ensure another person's services, or take the product of his or her activity. According to the Labour Code, the aggravated violence extended to violence against freedom of movement, freedom of work, the free disposal of one's goods and the free exercise of parental responsibilities (penalties foreseen: five to ten years of forced labour, fines, loss of civil and political rights); (4) the repeal of the provisions of the Labour Code concerning the administration and direction of trade unions, which were discriminatory vis-à-vis foreigners, by virtue of section 273 of the new Labour Code, which allowed foreigners to undertake such functions if they complied with certain conditions, in conformity with Convention No. 87; (5) the repeal of the Ordinance of 1962, which delegated certain powers to the local chiefs concerning the maintenance of public order, by virtue of the Act of 27 January 2005. It should be noted that this Ordinance had not been replaced and that its provisions which had been considered contrary to Article 2 of the Convention no longer existed; (6) the establishment of the list of services which were considered to be essential for the population by Order No 566/MFPT/MFPE adopted by the Ministers of the Interior and Employment. This list excluded henceforth the postal service and public transport.

The Government representative also presented the various measures taken by his Government in order to improve the living conditions of workers, promote standards and consolidate the rule of law: (1) initiation on 4 July 2004, of the first free collective negotiations organized in more than 20 years with the participation of the employers and the five trade union confederations, negotiations which had led in particular to an increase of the inter-professional guaranteed minimum wage (SMIG) by more than 365 per cent; (2) the elaboration of a technical cooperation programme to promote the ILO Declaration on Fundamental Principles and Rights at Work; (3) the implementation of programmes to fight against poverty, with encouraging results, which led to believe that the objectives set in the areas of health, education and housing would be attained by 2015; (4) the creation of an inter-ministerial structure aimed, in the first place, to introduce the organs responsible for the law's implementation to international labour standards in the area of forced labour (two seminars held in Nouakchott and Kiffa) and then, in the second place, awareness-raising among the populations, especially in the disadvantaged areas, with the support of the United States Embassy in Mauritania; (5) the national programme for good governance contained a component on "promotion of human rights and reinforcement of civil society's capacity". The Lutheran World Federation had been associated with this programme. The Government had recognized three human rights associations: the Mauritanian Human Rights Association, the think tank on economic and social development and SOS-Esclaves.

The Government was about to approve a national plan for the promotion and protection of human rights, elaborated with the assistance of the United Nations High Commissioner for Human Rights. The plan included sections on the most vulnerable groups and on the partnership between the Government and civil society. With regard to the second section, the Government had solicited the assistance of the ILO and the UNDP.

The Employer members recalled that Convention No. 29 required the suppression of forced labour in all forms, that the illegal exaction of forced labour be a punishable offence, and that penalties imposed by law were adequate and strictly enforced. Mauritania had adopted a first Decree to abolish slavery in 1905; the 1963 Labour Code prohibited forced labour and imposed relevant penal sanctions. As noted by the Committee of Experts, however, the Labour Code provisions only applied to employers and workers in a formal employment relationship. In 1980, the Government had adopted a declaration abolishing slavery, and in 1981, it had adopted an ordinance abolishing slavery and providing for compensation to former slave-owners. From 1990 to 2000, the Government had repeatedly insisted that forced labour no longer existed in the country.

They noted that previous comments of the Committee of Experts had held that slavery persisted in Mauritania, citing information from the report of the Working Group on Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities. The Committee of Experts' current comments cited the observations in the report of the direct contacts mission of May 2004, which had noted that the Government considered the practice of forced labour "entirely exceptional and, in any case, not more developed than that in certain major cities in the industrialized world". The direct contacts mission had also noted the views of the Free Confederation of Mauritanian Workers (CLTM), which held that "situations of forced labour are widespread in Mauritania". The Employer members also noted that the direct contacts mission concluded that further research and investigation into the continued existence of forced labour was needed, and they therefore urged the Government to cooperate with such further investigations in order to determine the extent to which forced labour persisted.

The Employer members also noted the amended Labour Code of 2004, which abolished forced labour in any labour relationship, not just where it was governed by an employment contract. In addition, Act No. 2003-025 of 17 July 2003 regarding trafficking of persons made such acts punishable by imprisonment. They noted the Government representative's position that this legislation was also intended to prohibit violence in connection with the freedom of movement.

In view of the above, and in light of the conclusions of the direct contacts mission, it appeared that while progress had been made with regard to legislative measures prohibiting forced labour, more information was needed regarding penal sanctions for violations of this legislation. They urged the Government to provide information on the jurisdictions competent to receive complaints and the penalties imposed under the Labour Code and the Act on trafficking of persons, including the number of complaints lodged and the respective court decisions.

They commended the Government on action taken to combat poverty through economic and social means. This notwithstanding, the Employer members saw this matter as a problem of the application and enforcement by the Government of relevant national legislation. As a result, they urged the Government to improve the application and enforcement of national legislation, including the consistent enforcement of penalties for any offences relating to forced labour. Finally, as the direct contacts mission had noted, there was no enforcement mechanism for labour legislation, and resources allocated to the labour inspectorate were scarce. They wished to reinforce that allocation of additional resources for the labour inspectorate was only one of a number of mechanisms by which national legislation could be more effectively enforced. In conclusion, they urged the Government to acknowledge the problems of forced labour that still existed and to establish, with the ILO, an information and awareness-raising campaign to sensitize all elements of the population to the issue, including those who were most susceptible of being victims.

The Worker members recalled that this Committee had been examining this case since 1982 and raised a question regarding the evolution of the situation in the past 25 years. Despite numerous references by the Committee of Experts to the issue of persons descended from former slaves who were obliged to work for a person who claimed the status of being their "master", and the persistence of this phenomenon described in the report by the organization SOS-Slavery, the Government had not yet provided a response on the concrete cases nor indicated whether investigations had been conducted in these particular cases. The Government continued to minimize, and even to deny, the forced labour practices and to present them, as for the direct contacts mission of 2004, as entirely exceptional and not more developed than in certain major cities in the industrialized world. It was paradoxical that the Government denied the existence of slave-like practices and at the same time pursued amendments of its legislation aimed at the prohibition of such practices, thus following the demands formulated by the Committee of Experts requesting the extension of the prohibition of forced labour to any labour relationship, the imposition of sanctions in conformity with the Convention, the repeal of provisions allowing the village chiefs to requisition labour and the establishment of a complete list of essential services in which such practice was authorized. In this regard, the Worker members noted with interest and satisfaction the adoption of the new Labour Code, which had extended the scope of prohibition of forced labour to any labour relationship, even where it was not derived from an employment contract, the introduction of penal sanctions under the Act of 2003 punishing trafficking in persons, the establishment of the complete list of essential services and the repeal of the text allowing the requisitioning of persons. They observed, however, that those legislative changes had not yet been followed by practicalresults, and that measures still had to be taken to make them operational. In fact, the application of the new laws was likely to create confusion in a situation where the principle of the prohibition of forced labour and the sanctions applicable in case of violation were provided for in the two different legislative texts. Besides, the Labour Code contained no reference to persons working at their former "master's" home and deprived of the freedom to move and to work anywhere else. As specified in the report of the direct contacts mission, the exercise of the right of appeal was therefore decisive. As it was explained in the report of SOS-Slavery, there was collusion between the "masters" and the judicial system. The "master's" descendants constituted the overwhelming majority of the leading class of the country, including the army administration, judicial staff and police forces. The direct contacts mission indicated that there was no labour law enforcement machinery because of the scarce resources allocated to the labour inspectorate. At the same time, strict application of economic, social and educational measures allowing for the reintegration and indemnification of the victims appeared necessary. The Worker members praised the legal progress achieved and wished that it were followed by practical results, and that the Government would be expressly requested to assume the obligations in regard to the integration in one and the same text of the provisions prohibiting forced labour and imposing sanctions, the preparation of detailed reports on the forced labour cases, competent jurisdictions and sanctions imposed, the organization of the information campaign on slavery, the elaboration of the social and economic action plan against poverty and the vestiges of slavery, the ratification and application of Convention No. 144 on tripartite consultations and the guarantee of freedom of expression for trade unions and civil society. Besides, while having noted the success of the direct contacts mission, the Worker members proposed a new mission of this kind in order to assist the Government in putting its obligations into practice and to assess the needs for technical assistance. They stated that they would be happy to see slavery definitively eradicated before the 25th anniversary of the first examination of this case by this Committee.

A Worker member of Mauritania stated that significant progress had been made and that ILO technical assistance had accompanied that process. Forced labour was related to the problem of poverty and was a scourge that developing countries must fight against. The way that SOS-Slavery had presented the problem of slavery in Mauritania was biased; it was an exaggerated and sensational account. The speaker also refuted the statements alleging that there was no freedom of association in the country. Similarly, it was not possible to assert that freedom of movement was restricted in the country. The direct contacts mission had not been able to find any instances thereof.

Another Worker member of Mauritania stated that his country had once again been included in the list of cases because the Government continued to deny the existence of slavery, and yet slavery existed and was practised in all its forms. That year, three people, including one journalist, had been imprisoned for around two months, accused of having helped a slave escape from his masters. The case was still pending before the court. Such action demonstrated the severity of the practice. Thousands of people were kept as slaves, yet the Government's arguments always referred to measures taken to combat poverty or illiteracy. Such measures were not, however, of any benefit to slaves, given their position, since they were the property of their masters. Today, their freedom, emancipation and promotion must be secured by means of specific policies and awareness campaigns.

The provisions of the new Labour Code were confusing, very general, and did not form a suitable regulatory basis for dealing with cases of forced labour or slavery. Similarly, penalties were not imposed upon offenders, and no judgements had ever been made in favour of slaves, despite the number of complaints filed in connection with the practice of forced labour. All the above demonstrated the Government's lack of commitment to eradicating slavery and improving the conditions of victims with a view to their integration into the working society of the country.

The Government had recently recognized a number of trade union organizations and human rights associations, including SOS-Slavery. Although such action was courageous, the fundamental issue was that of the effective eradication of slavery through the adoption of specific measures. The Government should firstly acknowledge the existence of that phenomenon and reaffirm its commitment to taking economic, social and legal measures.

The speaker said that his organization, the CLTM, endorsed the recommendations of the ILO direct contacts mission, and assured the Government of its cooperation in eliminating the scourge in question, in the belief that the promotion of social dialogue and the creation of a permanent cooperation framework would be very positive in terms of human rights. Finally, he emphasized that the CLTM, his organization, was a trade union organization that was free and independent of political parties and the Government.

The Employer member of Mauritania said he was surprised to see Mauritania on the list of individual cases. Things had to be seen as they were; the case had to be tackled objectively and one should be wary of NGOs and political parties that used the situation to fulfil certain political objectives. Slavery no longer existed in Mauritania and the Government had set up appropriate structures to eradicate inequality and combat poverty. The information given by the Government was objective and true. Given the above, the speaker felt that Mauritania had been cited due to the valuable and substantial progress made.

The Worker member of the Central African Republic reminded those present at the meeting that despite the emergence of new forms of forced labour, one must not forget those forms which, although considered to be "old", were still very much in existence given the fact that the descendants of slaves were slaves today. Despite the uncertainty as to its scale, the phenomenon really existed, and subjected the many people affected in the various regions of the country to all types of incredible, but real, abuse. The information available did not clarify whether penalties for carrying out those practices were actually imposed, and there was no evidence of any conviction in that respect. The Government only provided very general responses. However, it formulated precise allegations against a trade union organization accused of using that issue for political means, contrary to the principle set forth in Convention No. 87 of non-interference in trade union activities aimed at defending workers' rights, including those of slaves, and therefore a solution should have been found in social dialogue and not in confrontation. The speaker observed that it was high time the Government provided precise statistics on the number of workers used as slaves, on the penalties imposed and on the practical reinsertion measures in place. In conclusion, the speaker recalled the need for proper dialogue on the issue of forced labour. The trade union organizations strongly hoped that such dialogue would very soon commence and that the Government would make efforts to ensure that, in its next report, the Committee of Experts would be able to note real progress in that area.

The Government member of France stated that it would be useful to know what this Committee still expected of the Mauritanian Government, which had received a direct contacts mission, as had been requested by the Committee in 2002 and 2003, and which had also put into effect the essence of the mission's recommendations.

The previous observations of the Committee of Experts concerned three points. Previously, forced labour was not sanctioned severely enough; the prevailing provisions in the Labour Code dealing with this matter assumed the existence of a labour contract, which was rare in cases of forced labour, and the sole penalties provided for were fines. The only means of applying heavier penalties was through other penal provisions. The Committee of Experts moreover criticized the too frequent use of the right to requisition staff and the extensive list of services considered as essential. On all of these points, the new legislation brought about considerable progress. The list of essential services had been revised, and more importantly, the new Labour Code had defined forced labour as a crime in itself, subject to ten years' imprisonment. It was necessary to continue to draw upon the ongoing work of the ILO and UNDP.

The case of Mauritania could turn out to be a case of progress in its legislative developments. But there also, the problem was the aftermath of slavery. Convention No. 29 could not solve the situations of poverty and cultural alienation experienced by the descendants of former slaves, even if they were free. The speaker stated that the ILO should develop better instruments to regulate the informal economy and to provide support for descendants of slaves with a view to ensuring their economic, social and cultural integration.

The Government member of Finland, speaking also on behalf of the Government members of Denmark, Iceland, Norway and Sweden, noted that while the Government appeared to consider the problem of slavery as marginal, the information sources cited in the Committee of Experts' report confirmed that slavery was a reality in Mauritania, the extent of which was unknown. She feared that the victims of this heinous practice were often vulnerable individuals belonging to economically weak groups, such as women and children. Nothing could justify slavery and it was a crime against the fundamental human right of personal freedom and integrity. It affected both individual dignity and psychological development and often led to deplorable social situations. She noted the Government's efforts in this matter, but it appeared that these measures had not been enough. She therefore requested the Government to give full effect in law and practice to the points raised by the Committee of Experts, to ensure that employers' and workers' organizations as well as NGOs were involved in this process, to avail itself of ILO technical assistance, and to provide a detailed reply to all questions raised in the report of the Committee of Experts.

The Government representative wished to answer certain questions that had been raised during the discussion. As regards the reference of the Employer members to the Ordinance of 1981, he explained that it had been adopted in the particular context of the adaptation of national legislation to Islamic law. The point was not to fill a legal void but to provide the moral authority for the prohibition of slavery as foreseen in the Labour Code.

As regards the definition of forced labour, reference should be made to Convention No. 29. Forced labour should not be confused with the problem of poverty. The existing legal gaps had been filled and if Mauritanians who lived in conditions of poverty and insecurity represented about 40 per cent of the population, not all of them were descendants of slaves. It was not easy to eradicate situations of poverty and vulnerability which resulted from social status, and the Government in recent years had proactively implemented a programme of action in economic, social and cultural domains that was especially aimed at descendents of slaves. It was not true that the Mauritanian Government had not or was not undertaking efforts or measures targeting descendants of slaves. For example, it had organized ambitious programmes in the cities, particularly to provide accommodation, as well as in rural areas. It was worth noting that descendants of slaves were represented at the management level in public office, the armed forces, the police, public service, etc.

Concerning the question of application of appropriate penalties provided in the legislation, all the courts were competent to examine cases and accordingly apply appropriate penalties. In this regard, the Government had been committed to provide precise and exhaustive information on the cases mentioned in the report of SOS-Slavery. Moreover, it had not been proved that these allegations were correct.

As for the necessity to strengthen labour inspection, Mauritania had indeed limited resources common to a developing country, and international assistance for the strengthening of labour inspection would be welcome.

The speaker was surprised that the Worker members had referred to the existing contradiction between legislation and national practice. The Committee of Experts in its comments had requested to change the legislation. These changes had been made and due to the amendments to the Labour Code, Mauritania now had effective legal provisions to deal with all situations of forced labour. At the same time, the Government had taken a number of measures to combat, in practice, the problem of poverty as well as in the areas of schooling, education and health. The Government has done its utmost despite the limited resources it disposed of as a less developed country. There was no proof that in Mauritania anyone was compelled to work.

As regards the sensitization campaign requested by a number of speakers, the Government representative considered that this campaign had already started with the assistance of the ILO within the framework of the action plan to promote human rights, which included important information, communication and education measures, and that had to be approved shortly by the Government. In addition, in the past few years five workshops had been organized on the issue of domestic work of girls.

Finally, as regards the imprisonment of a journalist, the speaker indicated that the facts mentioned were not accurate. The Government was ready to accept all the positive and constructive actions which might help to eliminate the existing shortcomings.

The Employer members thanked the Government representative for his reply to the discussion. They indicated that the conclusions should reflect the positive measures taken by the Government in connection with the amendment to the Labour Code that had extended the scope of the provision regarding the prohibition of forced labour. They noted that forced labour had been made an offence under the amended Labour Code, and that the penalties for this offence had been included in the Act regarding the trafficking of persons. The Employer members therefore noted the progress made by the Government in bringing its national legislation into compliance with the Convention. Nevertheless, they emphasized the need for additional information on the jurisdictions competent to receive complaints and on the penalties imposed under the Labour Code and the Act regarding the trafficking of persons, as had been requested by the Committee of Experts.

The Employer members observed that, in the face of conflicting information received from the Government, on the one hand, and from the workers' organizations, on the other hand, it was unclear how widespread the persistence of the problem of forced labour was. They considered that further research and investigation on the continued existence of forced labour and the magnitude of the problem was necessary, which could entail a direct contacts mission.

The Employer members expressed their very serious concern with the persistence of the allegations of forced labour and urged the Government to adopt the necessary measures to eradicate all practices of forced labour in all of its forms, placing particular emphasis on the enforcement of the national legislation, including the penalties for the exaction of forced labour. Referring also to the Committee of Experts' comments concerning the absence of an enforcement mechanism for labour legislations and the scarce resources allocated to the labour inspectorate, which had been noted by the direct contacts mission in 2004, the Employer members considered it necessary to reflect in the conclusions that the allocation of additional resources was only one of a number of mechanisms by which the legislation could be more effectively enforced. Finally, the Employer members urged the Government to institute, with the assistance of the ILO, an information and awareness-raising campaign to sensitize all elements of the population to the serious problem of forced labour.

The Worker members favourably welcomed the progress made in legislation and appreciated the contribution made by the direct contacts mission. They had hoped to examine the effects in practice and requested the Government to undertake a series of concrete legal steps, namely, the abrogation of the powers of village chiefs, the introduction of sanctions in the new Labour Code, and the provision of reports on cases brought before justice. They also asked for policy measures in the form of an information campaign aimed at the whole population, and a plan of action against poverty and the repercussions of slavery and to promote freedom for civil society. They also invited the Government to make international commitments, in particular, the ratification of Convention No. 144 on tripartite consultation. In a positive spirit, the Worker members proposed the organization of a new direct contacts mission in order to determine in a definitive manner whether or not slavery existed in Mauritania, and to put into effect the commitments and the technical cooperation mentioned earlier.

The Committee took note of the information given by the Government representative and the discussion that had ensued. The Committee recalled that the present case had been discussed in the same Committee in the past, notably in 2002 and 2003. In that regard, the Committee noted that the Government had accepted the visit of the direct contacts mission, which had taken place in May 2004. The Committee took note of all the information set out in the report of the Committee of Experts, in particular that concerning the new Labour Code, adopted in July 2004, which provided for the prohibition of forced labour - a prohibition that covered any type of work, even that not subject to an employment contract - and the imposition of penal sanctions.

The Committee took note of the information given by the Government representative concerning the adoption of the new Labour Code; the penalization of forced labour under the law prohibiting trafficking in persons; the adoption of the decree laying down the list of essential service establishments; the increase in the interprofessional minimum wage; the programmes to combat poverty, especially the technical cooperation programme devised in conjunction with the ILO for the promotion of the ILO Declaration on Fundamental Principles and Rights at Work; and the creation of an inter-ministerial structure which aimed to make those responsible more aware of the application of labour standards, including those on forced labour. The Committee also took note of the statement by the Government representative concerning the recognition of human rights associations involved in activities that focused on issues related to forced labour.

The Committee indicated with some concern that in its report the direct contacts mission referred to allegations, made by certain workers' organizations, that some forced labour practices continued to exist - practices that were the vestiges of legally abolished slavery.

The Committee noted the Committee of Experts' concern about the possible effects, in practice, of the fact that the general prohibition on forced labour was provided for in the Labour Code, while penalties were provided for in a specific law punishing another crime, namely the law prohibiting trafficking of persons of 2003.

The Committee trusted that the legislative measures adopted would produce rapid practical results that would bring an end to the vestiges of slavery and that the Government would be able to provide information on legal actions taken in various jurisdictions, by virtue of section 5 of the Labour Code, and on the penalties imposed.

The Committee, having noted the progress made by the Government in the field of legislation, invited it to submit an exhaustive and detailed report that:

(1) responded to all the comments made by the Committee of Experts;

(2) contained full information on the competent jurisdictions to receive complaints and the penalties imposed;

(3) contained all elements relating to the awareness campaign;

(4) provided information on the consultations held with the social partners.

The Committee invited the Government to continue to avail itself to the technical cooperation of the ILO and other donors, which should include an awareness campaign on forced labour.

The Committee, having taken into account the conflicting information on the persistence of the practices of forced labour and slavery, decided that the Office undertake a fact-finding mission. That mission should review the effective application of national legislation.

Individual Case (CAS) - Discussion: 2003, Publication: 91st ILC session (2003)

The Government representative recalled that his Government had undertaken to respect three commitments: to provide detailed and precise replies to the Committee of Experts, to adopt a draft Labour Code with ILO assistance and to allow an ILO technical mission to visit Mauritania. Concerning the adoption of a draft Labour Code, he indicated that such a draft had been approved in a first reading on 2 June. It provided for the prohibition of forced labour. This prohibition covered all labour relations, even if they did not involve a contract. He also noted that the Government had approved draft legislation on the trafficking of persons, including a broad definition of this term, as well as specific penalties and sanctions to be imposed in case of violations. With respect to the ILO technical mission, he emphasized the heavy workload involved in the finalization of the Labour Code and the law on the trafficking of persons. He also mentioned the serious and distressing events which had recently taken place in Mauritania, as a result of which the legitimate Government had almost been overthrown. He assured the Conference Committee that, as soon as the situation had been stabilized, the Government would fix a precise date to invite an ILO technical mission to Nouakchott.

The Worker members indicated that the Committee was once again discussing the serious problem of the violation of human rights in Mauritania. When the case had first been discussed in 1982, they had expressed the hope that the Government would make a serious commitment to eliminating slavery in the country. However, the observation made by the Committee of Experts showed that certain forms of slavery persisted. Indeed, it appeared that in the eyes of some, the descendents of slaves always suffered from a lower status from birth. These persons of lower status, who worked as agricultural workers, shepherds or servants, were entirely dependent on their masters to whom they gave the money that they earned or for whom they worked directly in exchange for food and lodging. It was therefore to be regretted that the Government continued to maintain that these were merely vestiges of the former social system or isolated cases, and that slavery had been abolished in Mauritania.

Despite the adoption of three legislative texts prohibiting forced or compulsory labour, namely the Constitution of 20 May 1961, Act No. 36-023 of 23 January 1963 issuing the Labour Code and the Order of 1980, the practice of slavery still existed in Mauritania. The refusal of the Government to acknowledge the existence of this grave problem condoned the existence of the practice. On several occasions, the Committee of Experts had called upon the Government to: (i) adopt a provision imposing legal sanctions in accordance with article 25 of Convention No. 29; (ii) extend the scope of the prohibition of forced or compulsory labour to all employment relations; (iii) repeal the Ordinance of 1962 conferring very broad powers on local leaders to requisition labour; and (iv) establish a complete list of establishments considered to be essential services for the population and which could be affected by a possible requisition order. Despite these requests, nothing had changed.

With regard to legal sanctions, no provisions had been adopted to give effect to Article 25 of the Convention. On the subject of the extension of the scope of the prohibition of forced labour, the current amendment to section 5 of the Labour Code, providing that any violation would be punishable in accordance with the penalties set out in the legislation in force, would give effect to the recommendations of the Committee of Experts. With regard to the repeal of the Ordinance of 1962 and the establishment of a list of the establishments considered to be essential services, the Government had not provided any information, thereby showing its lack of good will. Despite certain measures at the legislative level, there were no grounds for believing that changes had been made in practice. The fact that the imposition of sanctions was prevented on persons perpetrating practices of slavery did not instil confidence in the good will of the Government to eliminate forced or compulsory labour. The adoption of legal provisions was not sufficient. It was also necessary to take economic measures with a view to the reintegration of the victims of slavery into society and their compensation. Campaigns to raise the awareness of the population also needed to be undertaken.

The previous year, the Government had undertaken to accept an ILO technical assistance mission. The Worker members regretted that the mission had not been able to visit the country. They hoped that the mission had been prevented for reasons of a practical nature. However, they recalled that for many years the Government had been prohibiting both the access to the country and the activities of human rights organizations. The Worker members called for a technical assistance mission to be sent to Mauritania so that the appropriate legal provisions could be adopted.

The Employer members recalled that the case of Mauritania had been already discussed by the Conference Committee the previous year. They noted that several forms of slavery still existed in the country, particularly in rural areas. Despite the formal prohibition of slavery, slave-like conditions continued to exist and they had to be eliminated. The key issue was the abolition of forced labour in practice. Referring to the statement by the Government representative that on 2 June 2003 a new law had been adopted targeting the abolition of such slave-like labour practices, the Employer members asked whether it had already come into force and had been implemented. The practice of forced labour was not only the vestiges of an old tradition, but also had systemic roots and would be difficult to eradicate immediately. While the Government representative might be able to deny specific instances of forced labour that were raised, the overall existence of forced labour in the country could not be concealed.

They regretted that a technical mission had not taken place, and noted the willingness expressed by the Government to make use of further technical assistance. Essentially, what was needed was a legal basis for the elimination of forced labour. However, the existing laws did not provide adequate sanctions for violations and they had not been implemented effectively. They requested the Government representative to provide necessary information to back up his statements on the action taken with a view to bringing national legislation into line with the Convention. The Employer members further recalled that in 2002 the Government had announced that it would repeal the Act of 1971 which provided for the possibility of requisitioning labour under specific emergency circumstances to ensure the functioning of services considered to be essential for the country or the population. They emphasized the need for the Government to provide more precise information on what services were covered by these provisions. Referring to Decree No. 70-153 of 23 May 1970 issuing the internal rules of prison establishments, they requested the Government to provide specific information on the measures taken to amend this Decree. They indicated in this respect that more precise regulations were required governing the hiring of prison labour to private individuals, since this remained under the overall responsibility of the public authorities. In conclusion, they emphasized that further action of a legislative and administrative nature was urgently needed to eliminate forced labour practices. They therefore urged the Government to provide full and complete information on the measures taken in the past and those intended in the future so that urgent action could be taken to generally abolish this rare remaining case of slavery.

The Worker member of Mauritania regretted that his country had once again been called before the Committee with regard to the application of Convention No. 29. He deplored the fact that his Government, despite the many calls made upon it, had remained indifferent to the sufferings endured by the victims of slavery. The problem of slavery was still topical in his country and required rigorous action.

The previous year, the Committee had had a long discussion of this case as well as the commitment the Government had made to accept an ILO technical assistance mission. This attitude had appeared to be a sign of good will, but had turned out to be merely another way of putting off a decision by the Committee and of continuing the violation of this fundamental Convention on forced labour. This situation was a violation of the human, economic and social rights of men and women who were born free and who aspired, as did all human beings, to freedom, dignity and a decent life. Reference was now being made to the provisions contained in the new Labour Code as a means of affording protection. However, the problems of slavery were difficult and complex. The few provisions contained in the Labour Code would not be sufficient to resolve them, particularly when their application in practice was the responsibility of labour inspectors who were renowned for their complacency and lack of respect for workers' rights. Nevertheless, the Free Confederation of Workers of Mauritania (CLTM) had put much effort in recent years into the adoption of the Labour Code, which would undoubtedly strengthen the protection provided. Among the new provisions, certain were related to the definition of slavery and trafficking, the protection of victims and the punishment of offenders. However, assistance policies were also needed, including the development and adoption of specific economic and social programmes, a policy of integration and an awareness-raising campaign. The CLTM recognized that, although important measures had been taken in recent years, such as Ordinance No. 81-234 of 1981, these had merely consisted of political decisions which had had no impact at the practical and institutional levels. Moreover, they were not of a nature to strengthen the protection and support provided as they had not been accompanied by legal, economic and social measures.

He reported that an awareness-raising seminar on forced labour, organized by the CLTM with the support of the WCL, which was to have been held in Kiffa in 2001, had been prohibited by the authorities. Now the CLTM, which was the most representative organization in the country through its trade union activities, its structures and 60,000 members, was the organization that was attacked the most by the authorities. Its members were subjected to pressure, intimidation and dismissal. Its activities had been blocked and over 200 dockers had been dismissed following a strike in October 2002. Recently, a very strong campaign had been carried out by the authorities to force militants in public establishments, using all possible means, to join the General Union of Mauritanian Workers (UTM). This campaign had greatly harmed the CLTM. In conclusion, he hoped that on this occasion the Government would collaborate with the ILO and accept a technical mission and ILO assistance. He added that the CLTM was prepared to collaborate with the ILO and the Government with a view to the implementation of Convention No. 29 and for the promotion of social dialogue which, unfortunately, did not exist in his country.

Another Worker member of Mauritania requested the Conference Committee to examine the report of the Committee of Experts clearly and without going beyond the technical issues raised, so as to avoid the politicization of the Committee. He emphasized that it was necessary to make a distinction between the "village chief", which was a historical concept that no longer existed, and the "area chief". He stated that he defended the interests of the workers, but it was necessary to make it clear that slavery was a historical phenomenon which no longer existed in the traditional sense. Referring to the statement by the Worker members, he emphasized that there had never been any question of sending an inquiry mission to Mauritania, but rather a technical mission. He added that the technical mission should not visit Mauritania in order to make inquires, but to provide assistance because the Labour Code had recently been adopted. Finally, he suggested that the evaluation of the representativity of trade union organizations should be part of the mandate of the technical mission.

The Government representative doubted the soundness of the allegations made by the Worker and Employer members. He indicated that the discussions had to be based on the report of the Committee of Experts and should not touch on political considerations. Social justice should be objective and balanced in order to resolve the problems, and not to make accusations. The allegation of slavery was extremely serious. The Government had never recognized the persistence of slave-like practices in the country. It was true that Mauritania had had castes, but the descendents of former slaves were no longer considered as slaves today, and the fact that a person belonged to a particular historical social category today had no consequences for their rights. There were no longer any occupations reserved for descendants of slaves (shepherds, domestic workers), and these jobs were performed by all classes. Those that had these jobs received wages higher than the minimum wage.

Referring to the statement by the Worker members alleging serious violations of human rights in Mauritania since 1982, he indicated that the country had been governed by the rule of law since 1991 and that there were around 20 political parties, as well as five trade union organizations. The Government also respected public freedoms, freedom of association and of organization. There were no prisoners and there were 10 free newspapers that criticized the Government without fear. Even the Secretary-General of the CLTM knew he could make all sorts of allegations without worry. He emphasized the importance of adopting a responsible attitude and the need for speakers to weigh their words carefully. The Worker members should verify their sources before making allegations and read the Government's written statements. He denied the allegations of the Worker members that the origin of a person had an effect on their status. He indicated, for example, that shepherds were better paid than teachers, and that the salary of a domestic worker was higher than that of a police officer. There were no public secrets and if slavery really existed the Government would not close its eyes to it and would not discuss the definition of this phenomenon. He said that the debate was surreal. Mauritania faced many other problems, such as underemployment. In this respect, he challenged those making allegations to inform the judiciary of one single case of slavery. The Government had recently made many efforts to respond to the requests of the Committee of Experts and the Conference Committee. In this regard, he recalled that the Labour Code, which was in the process of adoption, effectively introduced the prohibition of forced labour and provided that any violation of its provisions would be punishable by sanctions. He had also reiterated the Government's intention to formally repeal the Order of 1962. The Committee should understand that this involved much work and take into account the weakness of the administration. He forcefully reiterated that there was no lack of goodwill on the Government's part.

He recalled that the country had just experienced an attempted coup, which had threatened the rule of law, from which thankfully it had been preserved. In his opinion, it was now necessary to preserve the rule of law instead of responding to allegations. While it was normal for the Employer and Worker members to defend social standards and implementation of Conventions, they should not adopt a punitive approach.

The Worker members recalled that their clear objective was compliance with standards, nothing more, nothing less. Up to now, the Government had not acknowledged that slavery was a problem, which was preventing its eradication. The Worker members had based their statements on the hard facts in the report of the Committee of Experts. Although legislation prohibiting forced labour existed, it still needed to be implemented in practice. The Worker members called on the Government to open up the debate and to let civil society address the problem openly. After so many years, they considered that a direct contacts mission was necessary to assess the situation in the country, before technical assistance could be of use.

The Employer members regretted that no progress had apparently been made in this case, despite the fact that it had been discussed the previous year, as well as in 1989 and 1990. Despite the eloquence of the Government representative, he had provided no new information. Moreover, he did not appear to understand the gravity of the problem or to realize the measures that needed to be taken in law and in practice. Indeed, he had seemed intent on minimizing the problems that still remained. However, through his statements, he had in fact admitted the persistence of forced labour, particularly in agriculture, domestic work and animal husbandry. The Employer members further noted that anyone who drew attention to these problems in the country ran the risk of being penalized. They therefore called upon the Government to openly acknowledge the problems that still existed so that the necessary measures could be taken, with particular emphasis on the application of effective sanctions for any violations of the respective legislation. They supported the proposal by the Worker members that a direct contacts mission be sent to Mauritania to help with the application of the Convention.

The Government representative stated that the adoption of the conclusions in their present form would render the Committee's discussions meaningless. Up to now none of the allegations made had been proven to be true. To base conclusions on such hypotheses undermined the credibility of the Committee and gave no credit to the good faith that the Government had always shown.

The Committee noted the information provided by the Government representative and the discussion that followed. The Committee shared the concern expressed by the Committee of Experts at the absence of legal provisions penalizing the exaction of forced labour and regretted that the mission which had been accepted by the Government had not taken place. The Committee noted the statement of the Government representative concerning the adoption at the first reading of the Labour Code and draft legislation to suppress the trafficking of persons. The Committee expressed deep concern at the persistence of situations which constituted grave violations of the prohibition of forced labour. It urged the Government that a technical assistance mission should take place in the form of a direct contacts mission to the country to help the Government and the social partners with a view to the application of the Convention. The Committee hoped that progress would be made in practice in the near future in this case. The Committee decided to place its conclusions in a special paragraph of its report.

The Government representative stated that the adoption of the conclusions in their present form would render the Committee's discussions meaningless. Up to now none of the allegations made had been proven to be true. To base conclusions on such hypotheses undermined the credibility of the Committee and gave no credit to the good faith that the Government had always shown.

Individual Case (CAS) - Discussion: 2002, Publication: 90th ILC session (2002)

A Government representative considered that the presence of his Government before the Committee constituted a real paradox. In practice, Mauritania had never been in a better position since joining the ILO 40 years ago. Numerous promotional activities had been organized for international labour standards. Mauritania had now ratified all the fundamental Conventions and had signed a technical memorandum with the ILO. The various labour institutions in the country had been re-established, computerized and renovated, and labour inspectors trained. The Ministry of Labour had requested the ILO to undertake two in-depth studies on forced labour and on child labour. The Government had also transmitted to the ILO all the requested reports. In these conditions, it was difficult to understand why Mauritania was once again one of the cases to be examined by the Committee.

The population of Mauritania was composed of an Arab group from North Africa and other groups from sub-Saharan Africa. The entire population was Muslim. Each of the above groups had had a hierarchical system involving freemen, professionals and slaves. However, the traditional system had disappeared and no longer existed. But the system had after-effects.

At present, economic power and knowledge were the factors that counted in Mauritania. The Labour Code adopted in 1963 prohibited forced or compulsory labour, while the Constitution of Mauritania recognized the equality of its citizens, and penalties were envisaged for all persons who violated the prohibition of forced labour. Mauritania also intended to revise its Labour Code in order to strengthen the prohibition of forced labour. The adoption of new laws would not suffice to abolish forced labour. Time and education were needed to change mentalities.

The rule of law prevailed in Mauritania, as testified by the existence of political parties, political organizations, a dynamic civil society, a free press and the existence of a Parliament with an opposition. The Constitution also protected public freedoms. According to UNDP's Human Development Report, Mauritania was in 137th position in 2001, compared with 147th in 2000. An Act had made school attendance compulsory for children aged 6-14 years. The school attendance rate had almost doubled in ten years, and in its 2001 Report, UNESCO cites Mauritania as among the three sub-Saharan African countries which almost have a universal schooling rate. As part of its anti-poverty measures, the Government of Mauritania had developed a programme on urban development and a programme to combat poverty in rural areas. The anti-poverty programmes were for the benefit of all who met the poverty criteria, irrespective of their former social position. The social condition of the offspring of former slaves hardly differs from that of persons originating from other castes. They may be rich people, intellectuals, officials, merchants, poor or analphabets.

The Committee of Experts had shown a certain lack of rigour in its analysis of information available. Mauritania had not received the observations made by the ICFTU, which were mentioned in the Committee of Experts. These observations had been made in the month of October 2001. Even if Mauritania had received a copy of the observations, the Committee of Experts should not have examined them before its session in November 2002. Furthermore, the Government deplored that its six-page reply had been covered in only three lines in the report of the Committee of Experts. With regard to the allegations made by the World Confederation of Labour (WCL), Mauritania had replied to them in its report on the follow-up to the Declaration. Mauritania had accepted a mission and the Committee of Experts should have waited for the outcome of the mission.

The Government intended to respect the obligations that it had assumed in ratifying ILO Conventions and its legislation fully respected their provisions. The Government respected its people, was committed to social justice and did not tolerate the practice of forced labour.

The Worker members thanked the Government representative for his very extensive presentation of his Government's position, when explanations on the application of the Convention would have sufficed. The Government should not be surprised that this case was on the list of cases to be examined since there had been evident violations of this fundamental Convention for many years. During the adoption of the list of cases the previous year, the Worker members had indicated that they were following this case closely and would come back to it if progress were not noted by the Committee of Experts.

Slavery in Mauritania was a reality and the situation of slaves and those who risked being subjected to slavery was of great concern. The report of the Committee of Experts, which referred to communications from the ICFTU and the WCL, showed that practices of slavery existed in the country. The problem was widespread and highly complex. Thousands of human beings were victims of these practices and had no freedom to leave their so-called employers or to refuse certain types of work. The fact that the abolition of forced labour had been enshrined in legal instruments had not brought an end to practices of slavery in the country. It was shocking to note the persistence and gravity of the phenomenon, even if the Government claimed that it only consisted of after-effects, which was tantamount to understating or even denying the existence of the problem. A seminar on servitude organized by the Free Confederation of Mauritanian Workers (CLTM), which had been scheduled to be held in Kiffa from 15 to 18 September 2001, had been prohibited by the Governor of the city on the grounds that it had not been granted prior authorization and that forced labour did not exist in the country. This denial of the problem was also illustrated by the absence of provisions envisaging penalties in Ordinance No. 81-234 of 1981 on the abolition of slavery. Neither this Ordinance nor other standards contained provisions permitting the imposition of penal sanctions for the exaction of forced labour. It was inconceivable that a legal rule governing fundamental individual freedoms was not backed up by significant penalties and, as emphasized by the Committee of Experts, this was a clear violation of Article 25 of the Convention. The seriousness of the violations of fundamental freedoms referred to in this case placed an obligation on the Government to take practical measures to eradicate forced labour, particularly by raising the awareness of those concerned and severely punishing all those found guilty. The Government should also accept an ILO direct contacts mission to assist it to bring an end to this situation. The Government, in collaboration with the partners concerned, and particularly workers' and employers' organizations, needed to pursue a coherent policy to resolve this problem.

The Employer members thanked the Government representative for the extensive information provided which, they assumed, had been included in the report that the Government indicated it had submitted in October 2001. This raised an issue mentioned by the Employer members in the general discussion, since it appeared that the Government's report and that of the ICFTU, which was quoted in the observation of the Committee of Experts, had been received at the same time, but that only one side of the case had been considered.

The Employer members noted that the Government representative had placed great emphasis on the ratification by his country of the ILO's fundamental Conventions. They emphasized in this respect that adherence to principles was very different from the application of the provisions of Conventions in practice. Indeed, in view of the comments made on the political and social situation in the country, it could be concluded that, notwithstanding the provisions of the Constitution, the existence of the Parliament and the 1963 equality legislation, the matter at issue was a practical problem relating to the application and enforcement of laws so as to eradicate forced labour in practice. The admission by the Government representative that there remained attitudinal problems to be resolved amounted to a confirmation that forced labour did indeed exist in the country. The Government representative appeared to be saying that the law existed, but was not implemented in practice.

The Employer members recalled that the case had been examined by the Committee on four occasions, beginning in 1982. Twenty years later, they would have expected much more progress to have been made in combating the problem of slavery. In the face of allegations by workers' organizations and NGOs, which had previously been denied by the Government, it had now been admitted that the vestiges of forced labour persisted, but were limited to economically weak groups. The only way of ascertaining the real situation was to go to the country and examine what was happening there. The request by the Committee of Experts for the Government to accept a technical advisory mission was therefore reasonable. They called for the Government representative to indicate whether this would be acceptable.

A second issue that had not been discussed by the Government representative was whether any law in Mauritania provided for penalties for the exaction of forced labour. The Committee of Experts had noted that the legal prohibition of forced labour was limited to contractual relationships between employees and employers, but did not cover informal relationships, which occurred in all societies. In addition to this gap in the law, information was also required to show that penalties were in practice imposed on those responsible for forced labour.

Another issue that had not been discussed by the Government representative consisted of the powers conferred on local leaders by the Ordinance of 1962 to requisition labour, and the possibility under an Act of 1970 to requisition labour in services considered essential under penalty of imprisonment or fines for those who refused to obey a requisition order. The Employer members noted that the Committee of Experts had requested information from the Government on the establishments in which employees could be requisitioned in the event of a strike.

In conclusion, the Employer members observed that there were evidently a number of shortcomings in the law and a wide gap in practice. More information clearly needed to be provided on these issues, although some might already be included in the report mentioned by the Government representative. They looked forward to the analysis of this information by the Committee of Experts.

A Worker member of Mauritania recalled that this case concerned two matters: practices of slavery, and the requisitioning of labour under the threat of sanctions, still permitted under Mauritanian law. There should be further investigations regarding the first matter. The Free Confederation of Mauritanian Workers remained nonetheless concerned with the failure of the land reforms which had been decided upon with the official abolition of slavery. Years later, the grabbing up of land by unscrupulous business people had indeed had disastrous effects on the economy. Concerning the possibility of requisitioning of labour - still allowed under national law - certain noticeable improvements could be noted, even if the Labour Code had not yet been revised. The abrogation of the law which institutionalized a single trade union system and which subjected the creation of trade unions to previous authorization was indicative of this positive trend.

The Worker member of Niger stated that, although it was important to ratify a Convention, it was no less important to apply it effectively. Convention No. 29 on forced labour touched human dignity, which is a universal concern for all the members of the ILO. Slavery is a sad reality in Mauritania and the elements noted by the CMT and the CISL established the persistence of this phenomenon. The Government of Mauritania did nothing faced with this situation. Ordinance No. 81-234 of 1981 did not penalize the fact of having imposed forced labour. By using expressions such as "after-effects", the Government manifested its will to marginalize the problem. The prohibition of the seminar on slave labour which had been planned in Kiffa from 15 to 18 September by the Free Confederation of Mauritanian Workers on the sole grounds that the seminar had not been authorized and that slavery did not exist in Mauritania, stated very eloquently the real will of the Government.

Another Worker member of Mauritania, recalling that the Free Confederation of Mauritanian Workers was affiliated with the ICFTU, stated that the information that was available incontestably indicated the existence of a trend to eradicate the after-effects of the plague of slavery. He encouraged the sending of a mission to the field in order to establish the facts on the ground, as regards both the positions advanced by both the ICFTU and the Government.

The Government representative stated that the allegations made by the ICFTU regarding certain practices of slavery in Mauritania led him to wonder if they concerned his country. It should be recalled that even under the previous military regime, neither the competent bodies of the United Nations nor various reports stemming inter alia from the Government of the United States had ever noted the existence of such practices. There were no forced labour practices in Mauritania, not even in isolated cases. The Labour Code provided for sanctions and it was the Government's intention to develop these. Historically speaking, the Decree of 1980 forbidding forced labour was only a formal step in solidifying a prohibition already in existence.

Another Government representative recalled that Mauritania had never been called before the Conference Committee with regard to Convention No. 29, and that his country adhered to the ILO Declaration on Fundamental Principles and Rights at Work. He himself had asked the ILO to conduct a study with a view to promoting the Declaration, and that the conclusions of this study had been endorsed by the social partners. Moreover, in March 2002, the National Labour Council had examined a draft Labour Code, which contained, as the previous code, provisions prohibiting forced labour. As regards the Decrees concerning obligatory labour which needed to be amended, he was certain that they would be.

The Employer members recalled that no law existed to penalize the exaction of forced labour, making it still possible to requisition people. A wide gap also remained with respect to practice. The Government's apparent refusal to accept a technical mission was not consistent with its statement that it came before the Committee in a good position. Therefore, the conclusions should stress that the current Conference Committee discussion was no different than that which took place in 1990, despite the ratification by the Government of all of the fundamental Conventions and technical assistance provided under the Declaration in the interim.

The Worker members recalled that, in 2000, Mauritania had been called before the Committee with regard to the Labour Inspection Convention, 1947 (No. 81). As regards certain practices mentioned in the observation of the Committee of Experts as being characteristic of a violation of Convention No. 29, the facts brought forward came from reliable sources.

The Worker members stated that the Government should be requested to do the necessary to conduct a campaign to inform the whole population of the problem of forced labour as well as of the available alternatives. The Government had to promote the integration of former slaves into society and the labour market. The legislation should be amended in order to bring it into conformity with the provisions of the Convention. In particular, national law would have to provide for penalties, which would have to be effectively applied, to suppress forced labour practices. Finally, it would be appropriate if the Government would agree to a direct contacts mission by the ILO, which could evaluate the situation in an objective manner in all the regions of the country and assist the Government, in consultation with the social partners, in conducting a coherent policy to address this problem.

The Government representative wanted to recall that the Government had not recognized the existence of incidents of forced labour in Mauritania, even in isolated cases.

The representative of the Secretary-General recalled that, concerning the working methods of the Committee, as indicated in his response to the different questions raised during the general discussion, the practice was that observations from the workers' organizations were systematically communicated to the Government for comments. While awaiting the response from the Government, the Committee of Experts noted the observations of the employers' organizations and the workers' organizations, and invited the Government to respond to them but did not make any conclusions at this stage. It was only when the response from the Government had been received, or in the case in which the Government had not furnished any response although it had been given the occasion to do so, that the Committee examined the substance of the observations received.

The Committee took note of the Government's statement and the debate that followed. The Committee recalled that the case had been subject to several discussions, in 1989 and 1990, on the occasion of which the Committee had concluded that this was a serious violation of the Convention. The Committee noted the information communicated by the Government representative to the effect that the rule of law in the country prevented that situations such as those described could exist, that Mauritania had ratified the eight fundamental Conventions and that the labour inspectorate had been strengthened and programmes to combat against poverty put in place. The Committee noted with concern, as did the Committee of Experts, that the workers' organizations continued to allege a serious violation of the Convention because of the existence of practices of forced labour, the absence of sanctions to punish those responsible and the ambiguity of the legal provisions with regard to the requisition of labour. It also noted that the Government reaffirmed that the alleged practices could only have an isolated character and only be the after-effects of an historical phenomenon. The Committee took note of the fact that the Government had agreed to a technical assistance mission by the Office to the country to examine the details of a study on forced labour and child labour and it hoped that this first step would be followed by the necessary legal, economic and educational measures to end practices of forced labour.

The Government representative wanted to recall that the Government had not recognized the existence of incidents of forced labour in Mauritania, even in isolated cases.

The representative of the Secretary-General recalled that, concerning the working methods of the Committee, as indicated in his response to the different questions raised during the general discussion, the practice was that observations from the workers' organizations were systematically communicated to the Government for comments. While awaiting the response from the Government, the Committee of Experts noted the observations of the employers' organizations and the workers' organizations, and invited the Government to respond to them but did not make any conclusions at this stage. It was only when the response from the Government had been received, or in the case in which the Government had not furnished any response although it had been given the occasion to do so, that the Committee examined the substance of the observations received.

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

A Government representative stated that the situation described in the report of the Committee of Experts no longer reflected the actual conditions that had existed for several years. Slavery no longer existed in his country; all citizens had the same rights and duties. The problem that arose was one of bringing Ordinance No. 81-234 to abolish slavery into conformity with the Convention. To be applied, this Ordinance required subsidiary legislation in the form of a decree so as to implement section 3 concerning compensation for those having held titles. A decree would thus be necessary in order permit payment of the compensation provided for under section 3 of the Ordinance. The Government was conscious of the need to take the measures necessary to implement the Ordinance and was currently considering whether to abrogate section 3 concerning compensation or to give it effect. The Government had already demonstrated its good faith and its willingness to take account of the observations of the Committee of Experts by giving the regional authorities instructions concerning the sanctions to be applied to those violating provisions of the laws and regulations prohibiting slavery. Section 56A of the Penal Code provided penal sanctions for such violations. The question of concern to the present Committee was thus being studied and the Committee could rest assured that his Government would find a solution in conformity with the observations of the Committee of Experts. Concerning call-up of labour, he repeated his earlier statements to the effect that measures were being considered to bring national legislation into confirmity with the provisions of Article 2 of the Convention. The rebirth of trade union structures would allow the draft Labour Code, drawn up in collaboration with ILO, to be submitted to the National Labour Council. Once adopted, this Code would allow several outstanding problems to be resolved. His Government requested ILO assistance to reconsider the whole draft in the light of the changing situation.

The Employers' members regretted having to repeat their remarks of the previous year because Mauritania had not presented a report. For a long time, there had been indications that slavery had not toally disappeared in reality even though, since 1963, forced labour had been prohibited by the Labour Code and had been subject to penal sanctions. In 1980 and 1981, Ordinances had, moreover, been adopted on the abolition of slavery and on the payment of compensation to former slave-owners. No steps had, however, been taken to compensate those who were to lose their slaves, and slave-owners consequently continued to exact work from their slaves. The Government was now refusing to give effect to its own intentions and to take measures to pay compensation, arguing that there was no need to compensate financially a prohibited activity. That position appeared to be logical but experience seemed to show that the problem could not be solved in that way. The Government representative had only repeated what this Committee had already heard previously, namely that the problem did not exist in practice but that the Government would do its best to resolve it. The Government's policy lacked coherence and did not reveal a will to take the measures necessary to effectively eliminate slavery. Referring to the statement of the Government representative that the question was being studied, the Employers' members recalled that this Committee had already had the problem before it in 1984, 1986 and 1989, apparently without any results. What was the position of the important question of compensation, to which the Government representative had not referred today? In any event, it was absolutely necessary to put an end to the practice of slavery. Moreover, regarding call-up of labour, the Government had for a very long time claimed to recognise the need to revise the legislation and it was high time that a draft be submitted and the stage of declarations-of-intent left behind.

The Workers' members completely agreed with the Employers' members. Concerning the question of compensation, it appeared from the Committee of Experts' report that the Government intended to delete that provision because it would be illogical to provide compensation for an activity that had been declared illegal. The Government's precise position on that question should be made known. Was it in favour of paying such compensation or not?

The Government representative, replying to the comments made by the Employers' and the Workers' members, reiterated that slavery did not exist in Mauritania and that he disagreed with the observations of the Committee of Experts on that particular point. On the contrary, it was quite correct that Ordinance No. 81-234 was not in conformity with the Convention and that that should be remedied. The question of compensation was being studied and would require a decision on the part of both the Government and the National Assembly. The options were the following: either to delete section 3 of Ordinance No. 81-234 which provided for compensation to be paid by means of an implementing decree, in which case the Ordinance would be in conformity with the Convention, or to adopt an implementing decree for section 3 in order to pay compensation, which would also bring the Ordinance into conformity with the Convention. Thus, whichever option was chosen, it would be in conformity with the Convention.

The Employers' members stated that the vague nature of the statements by the Government representative showed that the Government had not yet determined how to fulfil its obligations. Consequently, the Employers' members could only express their very serious concern faced with the persistence of a problem which had already been discussed several times by this Committee.

The Workers' members completely agreed with the remarks made by the Employers' members and associated themselves with the expression of their concern. They stressed that it was not enough for a country that had ratified the Convention to prohibit slavery, the country also had the obligation to ensure that sanctions were effectively and strictly applied. requests by the Committee of Experts for detailed information had not met with any reply on that point. Concerning call-up of labour, the report of the Committee of Experts noted that, in 1986, the Government representative at this Committee had announced that the necessary measures to give effect to the provisions of the Convention had been taken. However, today it appeared that the problem was still being studied. Further clarification of the question would be useful.

The Government representative, replying to the remarks made by the Employers' members, stated that his Government would do its best to respond to all the observations of the present Committee. Concerning the remarks made by the Workers' members on the measures taken regarding call-up of labour to give effect to the Convention, delays had occurred because of the birth of trade union structures which had only finished in April 1989 and because of incidents which had occurred on the borders of the country.

The Workers' member of Senegal deplored the fact that there was a country in Africa where slavery was practised. He supported the comments made by the Employers' and the Workers' members and requested this Committee to stress firmly the need to apply the Convention.

The Workers' member of Botswana asked for further clarification of the Government's intentions with respect to section 3 of Ordinance No. 81-234 and the payment of compensation. Could assurances, moreover, be given to the present Committee that information would be sent to the ILO on prosecutions of those who violated the provisions banning slavery and on the penalties imposed on them? Finally, could the Government communicate to the ILO any instrument repealing section 3 of the above-mentioned Ordinance?

In reply to these questions, the Government representative repeated his Government's commitment to make every effort to bring national legislation into conformity with the Convention.

The Workers' members, again expressing their very grave concern, stated that the Government should be urged to take steps without delay and send the specific information requested by the Committee of Experts. They hoped that, on the basis of such information, the Committee would be able to note progress next year; otherwise, it would be obliged to reach different conclusions.

The Committee took note of the information given by the Government but deplored the fact that it was not more specific, notably on the points raised by the Committee of Experts. It further noted the request to the Director-General of the ILO to send a mission to the country, which could help to amend the legislation so as to ensure compliance with the Convention. With deep concern, the Committee expressed the firm hope that the Government would be in a position to give full and detailed particulars on legislation and practice in the very near future. The Committee observed that it might come to conclusions of a different nature if the Government failed to do so, and it requested the Government to supply a further detailed report in time for examination by the Committee of Experts, so that the present Committee could discuss the position in 1991.

Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

The Employers' members recalled that in relation to Mauritania and Convention No. 29, the question of the elimination of slavery had been a source of problems for many years. The Committee of Experts had noted with regret that the necessary measures had not yet been taken to implement a law abolishing slavery. There had been discussions in past years with the Government, and the Employers' members failed to be convinced that slavery was no longer practised. This should therefore be included in the Committee's report under Convention No. 29 in relation to Mauritania.

The Workers' members associated themselves with the Employers' members' statement.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the Government’s reference in its report to the adoption of Act No. 2020-017 of 6 August 2020 on the prevention and suppression of trafficking in persons and the protection of victims. It notes that the Act defines the elements which constitute the crime of trafficking in persons for both labour and sexual exploitation, establishes the applicable criminal penalties, establishes the framework for victim protection and assistance, and also provides for the promotion of national coordination and international cooperation in action against trafficking in persons. The Government also refers to the setting up of the national authority to combat trafficking in persons and migrant smuggling (Decree No. 2022-102 of 5 July 2022). In this regard, the Committee notes that this authority will be responsible for formulating and implementing strategies and programmes for combating trafficking in persons and migrant smuggling, with the particular task of: coordinating actions to implement victim protection measures and victim assistance mechanisms; receiving reports of cases of trafficking in persons and forwarding them to the judicial authorities; and establishing and coordinating machinery for the identification, care and protection of victims of trafficking and migrant smuggling. Decree No. 2022-102 also stipulates that the national authority will publish an annual report on its activities.

The Committee notes with interest the reinforcement of the legislative and institutional framework for combating trafficking in persons and requests the Government to provide information on the measures taken to implement it. The Committee hopes that the national authority for combating trafficking in persons and migrant smuggling will be allocated the necessary resources to perform its functions and requests the Government to indicate whether a strategy or plan to combat trafficking has been formulated. In the meantime, the Committee requests the Government to provide information on the prevention and awareness-raising measures taken and on those aimed at providing adequate protection for victims. The Committee also requests the Government to indicate the number of cases of trafficking identified, investigations undertaken, prosecutions in progress and convictions handed down on the basis of Act No. 2020-017.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee once again notes that the Government has not provided the first report on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, ratified in 2016. The Committee urges the Government to provide detailed information on its application in accordance with the report form adopted by the Governing Body.

Articles 1(1), 2(1) and 25 of the Convention. Slavery and the vestiges of slavery. The Committee previously asked the Government to continue its action against slavery, a practice which persists in Mauritania despite the actions taken by the Government in the context of the road map for the eradication of contemporary forms of slavery adopted in 2014. The Committee emphasized that, in the face of such a complex and controversial phenomenon, it was essential to reinforce the multisectoral approach and ensure coordinated action, particularly through the adoption of an action plan against forced labour and slavery containing the four components set out below.

(a) Effective application of the 2015 Act criminalizing slavery and punishing slavery-like practices. The Committee previously noted the measures aimed at reinforcing the competencies, capacities and knowledge of law enforcement officers and judicial officials involved in combating slavery so as to ensure the effective application of the 2015 Act. While welcoming the fact that an increasing number of cases of slavery had been brought before the three special criminal courts, the Committee noted that obstacles remained in referring cases to these courts, that information on the cases examined was still imprecise, and that only a few cases seemed to have resulted in the imposition of really effective penalties.

The Committee notes the Government’s indication in its report that measures have continued to be taken to ensure the effective application of the Act. The Government refers in particular to: (i) continuing the mobile units (caravans) providing awareness-raising and training for the administrative, judicial and security authorities on the 2015 Act and the organization of workshops for evaluation and judicial exchanges concerning the Act; (ii) the adoption of new circulars by the Public Prosecutor's Office containing instructions and guidance for the systematic engagement of investigations and prosecutions concerning credible allegations of slavery or trafficking in persons; (iii) the establishment of a watchdog unit responsible for monitoring the transparency, efficacy and rapidity of the judicial processing of cases referred to the courts, composed of representatives of the central administration of the Ministry of Justice and the Public Prosecutor's Office in conjunction with the Supreme Court; and (iv) the setting up of offices responsible for providing legal assistance to all wilaya courts and the inclusion of financing for this sphere in the state budget for the 2022 financial year. The Government also reiterates that the special courts have delivered various case law judgments which are testimony to abundant coverage of all possible judicial scenarios (convictions, acquittals, inadmissible cases, prejudicial issues regarding lack of competence, statutes of limitations). With regard to statistics, the Government indicates that seven complaints are under investigation, 11 are under prosecution, seven cases are before the special courts, 11 are before the wilaya courts, and 16 are before the appeal courts.

The Committee notes that the National Human Rights Committee (CNDH), in its annual report for 2020-21, issues a series of recommendations to the Government regarding the reinforcement of action against slavery. The CNDH calls on the Government to take all possible steps to ensure that justice takes its normal course without obstacles in order to impose criminal penalties on the perpetrators of the crime of slavery on the basis of the 2015 Act. It recommends the acceleration of judicial proceedings for the 22 cases of slavery pending before the courts monitored by the CNDH and SOS Esclave (SOS slavery) which have been dragging on for years without any justification.

The Committee notes all the above information, particularly that concerning the awareness-raising activities carried out with regard to the 2015 Act and public access to the justice system. It observes that a large number of cases are being examined by the Public Prosecutor’s Office and the courts but that the Government has not provided specific information on the cases which have resulted in convictions and the imposition of criminal penalties for the perpetrators, or on the complaints lodged or the cases in which the victims have received support from the competent authorities. It also observes that the wilaya courts still seem to have certain slavery cases before them which have not been referred to the specialized courts by the Public Prosecutor's Office. The Committee recalls that, under Article 25 of the Convention, States have the obligation to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and strictly enforced. In this context, the Committee welcomes the setting up of the unit tasked with monitoring the transparency, efficacy and rapidity of the judicial processing of slavery cases brought before the courts, and hopes that this unit will be allocated the necessary resources to ensure the prompt and thorough handling of slavery cases at all their stages (investigation, prosecution and judgment). The Committee requests the Government to continue taking measures to ensure awareness-raising, training and specialization for all players in the criminal justice system. The Committee once again requests the Government to take the necessary measures, firstly, to evaluate the operation of the three specialized criminal courts and the manner in which slavery cases are referred to it, and, secondly, to build the capacities of the police and the Public Prosecutor’s Office regarding the identification of situations of slavery, gathering of evidence and examination of the facts. The Committee also requests the Government to provide information on the number of cases of slavery reported to the authorities, the number of cases that have led to judicial action, the number of convictions handed down, the nature of the penalties imposed, the number of cases settled outside the judicial system, and the number of victims of slavery who have been compensated for the injury suffered, in accordance with section 25 of the 2015 Act.

(b) Systematic and coordinated action. The Committee notes that the Government does not provide any information on the progress made regarding an action plan against forced labour which it had reported to the ILO mission to Mauritania in 2018. The same applies to the collection of qualitative data on the issue of slavery in the country. In this regard, the Committee recalls that the fight against slavery requires the engagement of everyone in the context of coordinated action at the highest level, as had been the case with the inter-ministerial committee responsible for the implementation of the road map under the direct supervision of the Prime Minister. The Committee therefore once again requests the Government to ensure that action against slavery forms part of systematic and coordinated action involving all stakeholders, including workers’ and employers’ organizations, in order to tackle the underlying causes of slavery and to respond to its many different aspects. The Committee also requests the Government to indicate the measures taken to have reliable qualitative and quantitative data on slavery and its various manifestations.

(c) Protection and reintegration of victims. The Committee once again observes that the Government does not provide information on specific assistance given to victims of slavery despite the fact that a number of cases are under investigation or before the courts. It notes that, among the general measures to reduce poverty and ensure social integration, the Government refers to the programmes devised by the General Delegation for National Solidarity and Combating Exclusion (TAAZOUR), including the Cheyla programme on access to education, health, water and energy; the Albarka programme on income-generating activities for poor and vulnerable population groups; the measures taken to facilitate the acquisition of civil status for persons without it, with the issuing of 191,684 civil status rulings to issue certificates of births registered between 2020 and 2022. The Committee notes the Government’s indication that the recently established national authority for combating trafficking in persons and migrant smuggling will ensure, in conjunction with the services and structures concerned, the provision of the necessary social assistance for victims of trafficking, including slavery and slavery-like practices.

The Committee duly notes the general measures to combat poverty and to ensure social integration taken by the Government and encourages it to continue these actions by targeting the regions where cases of slavery have been recorded. It also requests the Government to provide information on the measures taken to facilitate access to property (real estate), an issue identified by the CNDH in its report as giving rise to numerous legal disputes concerning the descendants of former slaves, particularly the Ghidimaka.

The Committee also recalls that the victims of slavery must receive specific support geared to their situation, enabling them to assert their rights and rebuild their lives psychologically, economically and socially, and to enjoy protection against any form of reprisals or marginalization. The Committee notes with regret that the Government has not provided any information in this regard. The Committee urges the Government to provide information on the measures taken to ensure effective support for the victims of slavery once their situation has been reported to the authorities or civil society associations, especially in order to facilitate their access to complaint procedures, to ensure immediate and medium-term protection for their rehabilitation, and to ensure compensation for them. The Committee once again requests the Government to indicate the number of cases in which the competent authorities have supported victims at the stage of investigation and judicial proceedings, indicating the nature of such assistance.

(d) Awareness-raising. The Committee previously requested the Government to continue undertaking awareness-raising activities on the issue of slavery throughout the country and to involve all stakeholders, including the local authorities, so that the firm position of the State on the issue of action to combat slavery, its vestiges and discrimination is communicated and understood at all levels. The Committee notes the Government’s reference to the commemoration of the national day against slavery and slavery-like practices and to the mobile awareness-raising units.

The Committee also notes that the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, at the end of his mission in May 2022, recognized the significant measures taken by the Government to combat slavery, while cautioning that much remained to be done. He emphasized that descent-based and contemporary forms of slavery continue to exist in Mauritania, within all the country’s major ethnic groups, despite this practice being denied by certain parties. He stated that social transformation and a change in mindset is needed in order to fully recognize and address slavery instead of denying its existence (press release of 13 May 2022).

The Committee requests the Government to continue taking measures and strengthen its action to raise the awareness of all the competent authorities and society as a whole and to mobilize them on combating slavery, its vestiges and the discrimination suffered by slaves and their descendants. In view of this situation, the Committee hopes that the Government will collaborate with the traditional authorities, civil society and the social partners and that it will continue to avail itself of support from the ILO technical cooperation project assisting the implementation of Act No. 2015-31 criminalizing slavery and punishing slavery-like practices.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

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

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

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

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

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

In its 2019 report, the Government refers to a number of measures, including: the circular issued by the Public Prosecutor urging all prosecutors to investigate cases of slavery more actively; free legal assistance and exemption from legal fees for victims of slavery at all stages of the procedure; the creation of legal aid offices; and the possibility available to the judges to order interim measures to protect the rights of victims. The Government adds that 35 cases have been referred to the three special criminal courts and have resulted in conciliation, the dismissal of cases, acquittals, convictions and civil damages. The East court has handed down two judgments and is due to examine around ten cases involving matters prior to the entry into force of the 2015 Act. The court in Nouakchott has dealt with ten cases since 2010 and appeals have been lodged in six others which were examined by courts of first instance. The court of Nouadhibou has dealt with seven cases (only one case is under investigation, two have been closed and three are awaiting referral by the regional criminal court). The Government also indicates that the Department of Justice is continuing to organize seminars for judicial stakeholders involved in action to combat slavery. In 2018 and 2019, training and awareness-raising workshops were organized in Nouadhibou, Kiffa, Nouakchott and Aleg for members of the special criminal courts and magistrates of appeal bodies, investigating magistrates, prosecutors and members of the police and gendarmerie. In the supplementary information provided in 2020, the Government specifies that the criminal courts tried 11 cases related to slavery on the basis of the 2015 Act. Nine cases concerned traditional slavery, while the two others concerned slavery-based insults. Two acquittals were given, and prison sentences of one to 20 years and substantial fines imposed.

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

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

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

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

The Committee notes that the Government has not provided any information on the specific assistance provided to victims, despite the existence of a number of cases that are before the courts. It notes that, among general social integration measures, the Government refers to: the activities undertaken by the Tadamoun Agency (the National Agency to combat the vestiges of slavery); the measures taken to facilitate access to civil status of persons without filiation through 17,857 declaratory judgements respecting civil status, particularly to issue birth certificates; action to encourage families to register with schools the children of poor families and/or victims of the vestiges of slavery, within the framework of cash transfer measures; training courses, skills and employment programmes and income generation projects established for populations who are victims of the vestiges of slavery; and the reform of property ownership undertaken through the pluridisciplinary commission to reform the law on property and public land. In its supplementary information, the Government refers to the launching, in January 2020, of the special “Ewlewiyatt” (Priorities) programme, which covers the largest number of simultaneous projects ever in the country, and also to the programmes developed by the General Office for National Solidarity and the Combat against Exclusion (TAAZOUR), aimed at supporting the most disadvantaged populations.

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

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

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

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

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

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

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

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

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

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

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

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

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the International Trade Union Confederation (ITUC) and the General Confederation of Workers of Mauritania (CGTM), received on 1 and 4 September 2017 respectively, as well as those by the International Organisation of Employers (IOE), received on 1 September 2017.

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

Articles 1(1), 2(1) and 25 of the Convention. Slavery and the vestiges of slavery. In its previous comments, the Committee noted the report of the direct contacts mission, which visited Mauritania in October 2016, and requested the Government to continue taking action to combat slavery and its vestiges. It particularly insisted on the need to: (a) reinforce the criminal investigation and prosecution system, particularly the three special criminal courts competent in matters relating to slavery, to ensure the effective application of the 2015 Act criminalizing slavery and punishing slavery-like practices (hereinafter the 2015 Act); (b) have reliable data on the nature and prevalence of slavery-like practices; (c) ensure that the multisectoral approach and inter-ministerial coordination applied to combat slavery is accompanied by an inclusive approach involving the social partners and civil society; and (d) strengthen the protection of victims so that they can assert their rights and stand up to any social pressure.

The Committee notes the discussion in June 2017 in the Conference Committee and notes that the Conference Committee urged the Government to continue its efforts to combat slavery and its vestiges. It expressed its deep concern at the persistence of slavery and the low number of prosecutions brought against the perpetrators of the crime of slavery. The Conference Committee requested the Government to take a series of measures, detailed below, and to request ILO technical assistance and accept a high-level mission.

The Committee welcomes the fact that the Government accepted a high-level mission in April 2018 and the continuation of the ILO technical cooperation project to support implementation of the 2015 Act and strengthen the Government’s efforts to bring an end to the vestiges of slavery. The Committee also welcomes the fact that the Government revised, with those responsible for the technical cooperation project, the activities to be undertaken, taking into account the 12 recommendations made by the Conference Committee to the Government. The Committee trusts that the Government will take all the necessary measures, both in the framework of the technical cooperation project and the inter ministerial committee responsible for implementing the roadmap, to implement the recommendations of the Conference Committee as well as those by this Committee.

(a) Effective enforcement of the legislation

With regard to the effective enforcement of the 2015 Act, the Committee previously emphasized that it was indispensable for the three special criminal courts competent in matters relating to slavery to operate effectively and that, in general, the whole of the criminal investigation and prosecution system should be reinforced. The Conference Committee also recalled the importance of creating specialized units in the Office of the Public Prosecutor and the forces of order to gather proof and ensure that the actions brought before the criminal courts are processed within a reasonable period. In its report, the Government refers to the organization, by the Ministry of Justice, with the support of the technical cooperation project, of seminars on the implementation of the 2015 Act in various regional capitals and in the three regions in Nouakchott. Consultations have also been held to evaluate the knowledge and training needs of the staff of the special criminal courts, the forces of order and the administrative and municipal authorities concerning the scope of application of the 2015 Act. The training modules have therefore been discussed with all stakeholders concerned. In addition, a group of experts has been established to prepare specific training modules on the effective management of complaints for all those who intervene in judicial procedures.

The Committee notes that, in its observations, the ITUC indicates that the effective enforcement of the 2015 Act still poses a major challenge. Therefore, even though they have been established for two years, the special criminal courts in Nouakchott and Nouadhibou have not issued a single ruling. The court in Nema issued one decision in May 2016 in which the penalties imposed fell far short of those set out in law. The ITUC adds that civil society organizations are not aware of any other cases under way or even scheduled to come before the special criminal courts. The reasons for this include the reluctance of the police and the judicial authorities to investigate or launch proceedings after cases have been brought to their attention by associations; the reclassification of crimes as less serious offences; the settling of some cases informally; and the absence of a mechanism for the identification and protection of victims before and during proceedings.

The Committee recalls that, under the terms of Article 25 of the Convention, member States are obliged to ensure that the penalties provided for by law for the exaction of forced labour are really adequate and strictly enforced. While noting the efforts made to raise awareness of the 2015 Act and strengthen the training of the various actors in the enforcement system in this regard, the Committee notes that these efforts have not yet been demonstrated in practice in the form of the examination of a certain number of cases of slavery by the special criminal courts. The Committee therefore expresses the firm hope that the Government will continue to take the necessary measures to strengthen the knowledge and capacities of all the actors involved in the enforcement system for the 2015 Act to ensure that no cases of slavery go unpunished. Recalling, in this regard, that it is essential that these authorities are in a position to gather evidence, assess the facts correctly and initiate the corresponding judicial procedures, the Committee requests the Government to provide information on the creation of specialized units in the Office of the Public Prosecutor and the forces of order. Lastly, the Committee reiterates its request for information on the number of cases of slavery reported to the authorities, the number which resulted in judicial action, and the number and nature of the convictions handed down. Please also indicate whether victims of slavery have been compensated for the damage they suffered, in accordance with section 25 of the 2015 Act.

(b) Assessment of the real situation in relation to slavery

In its previous comments, the Committee noted that the direct contacts mission considered that “slavery and the vestiges of slavery are two phenomena which do not cover the same situations, do not have the same scope and call for different targeted measures”. It also indicated that “a qualitative and/or quantitative study should make it possible 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”. The need to conduct a study has been emphasized for some years by the Committee of Experts as well as the Conference Committee, which requested the Government, in June 2017, to conduct a complete analysis in relation to the nature and incidence of slavery as a basis for improving targeted actions to eradicate slavery. The Committee welcomes the Government’s indication, in a communication of 27 September 2017, according to which the terms of reference of a qualitative study have been elaborated and will be approved at a round table which will be organized before the end of the year, in cooperation with the competent ILO services. The study will assess the recruitment procedures, working conditions and vulnerabilities which may arise in an exploitative relationship, thereby providing a basis for assessing situations involving the risk of forced labour.

The Committee recalls that the relationship between victims and their master is multidimensional. The direct contacts mission emphasized in this regard that the economic, social and psychological dependence of victims varies in degree and results in a broad range of situations. The Committee expects that the Government will take the necessary measures to conduct rapidly, with ILO assistance, the planned study and that this study will provide reliable data on the nature and prevalence of slavery-like practices in Mauritania. In this regard, the Committee firmly encourages the Government to ensure that the issue of economic, social and psychological dependence is taken into consideration when assessing whether a person has expressed free and informed consent to work and whether the consent expressed is truly devoid of all threat or pressure. The Committee also draws the Government’s attention to the need to involve, as early as possible, all the actors concerned, particularly the social partners, in the process of conducting the study (terms of reference, definitions, implementation).

(c) Inclusive and coordinated action

The Committee previously noted the multisectoral approach and the inter ministerial coordination which have been established to combat slavery and its vestiges, through the adoption of the roadmap to combat the vestiges of slavery. It noted that the implementation of the recommendations of the roadmap lay with an Inter-ministerial Technical Committee chaired by the Prime Minister and that 70 per cent of the recommendations had been implemented. The Committee expressed the hope that, following the implementation of the 29 recommendations provided for by the roadmap, the Inter-ministerial Technical Committee would undertake an evaluation of the impact of the measures taken. The Committee notes that the Government indicated to the Conference Committee that the evaluation had been conducted in April 2017. The Committee regrets that the Government has not provided more specific information on the evaluation carried out and its findings. Recalling that action to combat slavery requires the commitment of all actors within the framework of coordinated action carried out at the highest level, the Committee once again requests the Government to provide information on the findings of the evaluation of the implementation of the roadmap, specifying the results achieved and the obstacles identified. Please also specify the decisions taken by the Inter-ministerial Committee in this regard. The Committee requests the Government to indicate the new actions identified and to specify how civil society organizations engaged in combating slavery and its vestiges, and the social partners, have been involved throughout this process.

(d) Identification, protection and reintegration of victims

The Committee previously emphasized that victims of slavery are in a situation of great vulnerability which requires specific action by the State. Both the Committee of Experts and the Conference Committee have requested the Government to ensure that victims who are identified or who report their situation are protected against reprisals or social pressure; that they benefit from social and economic integration measures; and that they receive compensation for the damages suffered. The Committee notes the information communicated in this regard on the activities undertaken within the framework of the technical cooperation project. Regarding the identification of victims, the General Labour Directorate, in close coordination with the labour inspectorate, is preparing a technical proposal for a victim identification mechanism. The adaptation of the ILO list of indicators of forced labour to the national context is also under examination. With regard to the suggestion of the direct contacts mission to implement a mechanism to provide shelter for victims, the Government emphasizes that this function is fulfilled by the Tadamoun Agency (National Agency to Combat the Vestiges of Slavery) and civil society organizations which receive State subsidies. With regard to the reintegration of victims, the Government indicates that the Ministry of Labour and the Tadamoun Agency are developing a joint initiative intended to promote means of subsistence for victims, the two pillars of which will be vocational training and strengthening of entrepreneurial capacity. Lastly, the Committee notes the detailed information concerning the activities carried out by the Tadamoun Agency in the areas of basic infrastructure construction (schools, sanitation facilities, water supply, social housing) and the fight against poverty (modernization of the means of agricultural production, micro-projects for income-generating activities). The Committee notes the targeted measures taken by the Government to reduce the severe poverty of a section of the population. The Committee considers that these activities contribute to reducing the risk of these persons being in a situation of economic and social dependence which could lead to their exploitation. The Committee encourages the Government to pursue this type of preventive action.

However, regarding the victims of slavery, the Committee notes that their identification and effective assistance remains a challenge to be overcome. This is evidenced by the lack of information on the number of victims identified by the public authorities, the number who have benefited from legal support and social assistance, and those who have obtained compensation. The Committee trusts that the Government will take all the necessary measures to ensure that all the competent authorities are trained in the identification and protection of victims and that they cooperate with the civil society organizations to this end. It requests the Government to indicate the number of cases in which the Tadamoun Agency has been party to civil proceedings, and the number of victims who have been supported by the Agency during the investigations and judicial proceedings. Lastly, the Committee requests the Government to provide information on the assistance provided to victims of slavery with a view to their economic and social reintegration.

(e) Awareness raising and action to combat stigmatization

The Committee notes that, in its observations, the CGTM emphasizes that awareness raising is one of the most effective main approaches to the eradication of slavery, which is deeply rooted. The CGTM refers to the need to overcome the obstacles of ignorance, conservatism and the low level of social progress. The ITUC also indicates that the persons considered as belonging to the slave caste, but who no longer live in slavery, are victims of stigmatization and discrimination and are marginalized both economically and politically. Lastly, the Committee notes that both the CGTM and the ITUC refer to the harassment and detentions to which certain activists are subjected as a result of their action to denounce slavery. The Committee notes the information communicated by the Government concerning the awareness-raising measures taken, such as the organization of a new awareness-raising campaign; the selection and formulation of key messages based on the roadmap; and the organization of events for the national day to combat the vestiges of slavery.

The Committee expects that the Government will continue to develop action, not only to raise awareness of the 2015 Act, but also to delegitimize slavery and combat the stigmatization and discrimination to which victims and their descendants are subjected. It requests the Government to refer to its comments on the application by Mauritania of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee also urges the Government to ensure that the persons and civil society organizations who denounce slavery and carry out peaceful activities to this end are not subjected to any intimidation.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

Articles 1(1), 2(1) and 25 of the Convention. Slavery and the vestiges of slavery. In its previous comments, the Committee urged the Government to continue taking the necessary measures to mobilize the competent authorities and society at large with a view to continuing to combat slavery and its vestiges by ensuring strict compliance with the new legislation and that the victims of slavery are identified and have access to justice. The Committee notes the discussion held in June 2016 in the Committee on the Application of Standards of the International Labour Conference and observes that the Conference Committee expressed deep concern that, in practice, the Government had yet to take sufficient measures to combat slavery. Following the discussion, the Government accepted a direct contacts mission, which visited Mauritania from 3 to 7 October 2016. The Committee notes the report of the mission. It also notes the observations made by the International Trade Union Confederation (ITUC) and the General Confederation of Workers of Mauritania (CGTM), received on 31 August and 1 September 2016, respectively.

(a) Effective enforcement of the legislation

The Committee previously requested the Government to accompany the adoption of the Act of 2015 criminalizing slavery and punishing slavery-like practices (hereinafter the 2015 Act) with specific measures to ensure its effective enforcement. The Act reinforced the legislative framework to combat slavery by providing, among other measures, for the possibility for associations for the defence of human rights which have benefited from legal personality for at least five years to take legal action and to be party to civil proceedings, as well as for the establishment of collegial courts to hear cases of offences relating to slavery.

The Committee notes in this regard, from the information contained in the mission’s report and communicated by the Government, that the three special criminal courts competent in matters relating to slavery, which have been established in Nema, Nouakchott and Nouadhibou, are operational. The court in Nema handed down a first ruling, under which two persons were convicted to a sentence of five years of imprisonment (of which four years are suspended) and the payment of damages to the victims. In addition, investigating magistrates have already referred a number of cases to the courts in Nema and Nouadhibou, which will be judged in accordance with the 2015 Act. The Government indicates that cases pending before the courts prior to the adoption of the 2015 Act will also be heard by the special criminal courts, but under the 2007 Act.

The Committee also notes the Government’s indication that the technical cooperation project currently being developed in Mauritania by the Office to support the implementation of the 2015 Act is assigning a significant proportion of its resources to reinforcing the competent actors for the identification of slave-like practices, and particularly the prosecution services, investigating magistrates and other actors involved in the process, such as the police, the gendarmerie and the administrative authorities. The Government considers that this support will enable it to give effect to its regularly reiterated political will to bring an end to the vestiges of slavery and slavery-like practices which may persist.

The Committee notes the indication by the ITUC in its observations that the police and the judicial authorities have shown themselves to be resistant to investigating or initiating prosecutions following allegations of slavery lodged by victims or associations. According to the ITUC, several cases of slavery reported to the authorities have been reclassified as less serious offences. In other instances, cases have been resolved through informal settlements. While recognizing the importance of the adoption of the 2015 Act and the ruling handed down by the criminal court of Nema, the ITUC considers that the sentence imposed is light in relation to the gravity of the crime committed.

As the mission emphasized in its report, the Committee considers that it is indispensable for the three special criminal courts to operate effectively throughout the territory and to be provided with the necessary personnel and adequate material and logistical resources. The Committee recalls that, under the terms of Article 25 of the Convention, States are required to ensure that the penalties established by law for the exaction of forced labour are really adequate and are strictly enforced. The Committee therefore trusts that the Government will pursue the significant efforts already being made to reinforce the judicial system and that it will take the necessary measures to enable the special criminal courts to render justice so as to ensure that no cases of slavery go unpunished. Considering that to achieve this objective it is indispensable to reinforce the whole of the criminal investigation and prosecution system, the Committee requests the Government to indicate the measures taken to continue raising awareness and training the actors responsible for law enforcement and for the creation of specialized units in the Office of the Public Prosecutor and the forces of order. It is essential that these authorities are in a position to gather proof, assess the facts correctly and initiate the corresponding judicial procedures. Finally, the Committee requests the Government to 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 handed down. The Committee recalls in this respect that the penalties imposed must be commensurate with the seriousness of the crime committed in order to be of a dissuasive nature. Please also indicate whether victims of slavery have been compensated for the damages suffered, in accordance with section 25 of the 2015 Act.

(b) Assessment of the real situation in relation to slavery

The Committee previously emphasized the complexity of the phenomenon of slavery and its vestiges and the necessity for the Government to take action within the framework of a coordinated global strategy. In this regard, the Committee notes that the direct contacts mission considered that a number of specific elements brought to its knowledge prove that slavery exists in Mauritania. The mission emphasized that “slavery and the vestiges of slavery are two phenomena which do not cover the same situations, do not have the same scope and call for different targeted measures. It is important to identify these two phenomena better. A qualitative and/or quantitative study should make it possible 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.” The Committee notes in this regard the Government’s indication that it has included as a priority action in the technical cooperation project developed with the Office the preparation of a study which would make it possible to collect sufficient and reliable data on the alleged practices of slavery and in general on forced labour. The Committee also notes the reference by the ITUC to the fact that certain authorities deny the existence of slavery and do not recognize the “vestiges” of slavery. The ITUC considers that such statements send a prejudicial message to the authorities responsible for the enforcement of the legislation to combat slavery.

The Committee recalls that both the Committee of Experts and the Conference Committee have been emphasizing for several years the importance of conducting research work to provide a qualitative and quantitative analysis of the situation with regard to slavery in Mauritania. The Committee hopes that the Government will not fail to take the necessary measures to conduct a study that will enable it to be in possession of reliable data on the nature and prevalence of slavery-like practices in Mauritania. The Committee hopes that these data will provide a basis for improving the planning and targeting of public interventions with a view, on the one hand, to reaching out effectively and protecting persons who are victims of slavery and, on the other, determining more effectively the measures intended to combat the vestiges of slavery.

(c) Inclusive and coordinated action

With regard to the need to adopt a global coordinated approach, the Committee previously noted that action to combat slavery and its vestiges falls within the purview of the roadmap to combat the vestiges of slavery, responsibility for the implementation and follow-up of which lies with a Ministerial Committee chaired by the Prime Minister. The Committee notes the Government’s indication that 70 per cent of the recommendations contained in the roadmap have been implemented. Many awareness-raising activities have been carried out in collaboration with civil society and the religious authorities, such as: the awareness-raising caravans which have travelled throughout the territory (ten of the 15 regions of the country); the organization of seminars and discussions on the radio and television to raise awareness of the unlawful nature of slavery; the position taken by the Uléma community concerning the prohibition of slavery and the decision to harmonize Friday prayers, which for several months addressed the position of Islam in relation to the prohibition of slavery. With regard to action to combat poverty, the Committee notes that the Tadamoun Agency (National Agency to Combat the Vestiges of Slavery) is continuing to develop programmes targeting zones in which there is little state presence and zones in which the descendants of slaves (adwabas) are concentrated, and particularly the Triangle of Hope. The objective of these programmes is to provide basic services in the fields of sanitation, education and health. The programmes implemented are also aimed at providing the population with means of production. Finally, with reference to education, the Committee notes the action undertaken in priority education areas, and the apprenticeship programmes developed for teenagers who have never gone to school.

The Committee notes that the mission welcomed the efforts made by the Government in these fields. It also welcomed the multisectoral approach and the inter-ministerial coordination which have been introduced to combat slavery and its vestiges. However, the mission emphasized that this coordination should be accompanied by greater communication and visibility of the action taken. This action must form part of an inclusive approach involving the social partners and civil society. In this respect, the Committee notes the complaint by the CGTM of the absence of dialogue, particularly with representative trade unions, which risks compromising government programmes and the efforts made to combat slavery and its vestiges.

The Committee hopes that the Government will continue to implement all of the recommendations contained in the roadmap and that the Inter-ministerial Technical Committee will undertake an evaluation of the impact of the measures taken in this context. Recalling that action to combat slavery requires the broadest commitment, the Committee hopes that on the occasion of this evaluation and the determination of further action, the Government will continue to collaborate with civil society and the religious authorities, and that it will associate the social partners with such action. The Committee also hopes that the Government will continue to provide the Tadamoun Agency with the necessary resources to combat the vestiges of slavery, which are manifest in the poverty, dependence and stigmatization of which the descendants of slaves may be victims.

(d) Identification and protection of victims

The Committee previously emphasized that the victims of slavery are in a situation of great vulnerability which requires specific action by the State. The Committee notes the observation by the mission in its report that the relation between victims and their masters is multidimensional. Their economic, social and psychological dependence varies in degree and results in a broad range of situations that call for a series of complementary measures. Victims are not aware of their rights and may come under very strong social pressure if they denounce their situation. The mission considered that it would be appropriate to establish a mechanism to provide shelter for presumed victims as soon as they lodge a complaint or are identified. The Committee expresses the firm hope that the Government will continue the action taken to delegitimize slavery with a view to reaching out to all the persons who may be concerned, whether they are masters or slaves. The Committee requests the Government to indicate the measures taken to ensure that victims who are identified or who denounce their situation are assisted and protected so that they can assert their rights and stand up to any social pressure exerted upon them. Please indicate whether the creation of a public mechanism to provide shelter to victims is planned and specify the manner in which the authorities collaborate with associations that protect and defend slaves. Finally, the Committee requests the Government to specify the assistance provided to victims so that they can reconstruct their lives and to prevent them returning to a situation of dependence in which they are stigmatized and vulnerable to abuse.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 104th Session, May–June 2015)

Articles 1(1), 2(1) and 25 of the Convention. Slavery and the vestiges of slavery. In its previous comments, the Committee urged the Government to take all the necessary measures to continue to combat slavery and its vestiges and to ensure that victims of slavery are effectively able to assert their rights. The Committee referred in this respect to the establishment of the Tadamoun Agency (the National Agency to Combat the Vestiges of Slavery) and the adoption in March 2014 of the roadmap to combat the vestiges of slavery. The Committee notes the discussion in June 2015 in the Committee on the Application of Standards of the International Labour Conference, the observations made by the General Confederation of Workers of Mauritania (CGTM), received on 28 August 2015, the observations of the International Trade Union Confederation (ITUC), received on 1 and 29 September 2015, and the Government’s report and its reply to the observations of the CGTM and the ITUC, received on 9, 12 and 31 October 2015, respectively.

(a) Effective application of the legislation. The Committee previously emphasized that, despite the adoption of Act No. 2007/48 of 9 August 2007 criminalizing and punishing slavery-like practices, victims continue to face problems in asserting their rights with regard to both the administrative and the judicial authorities. Only one court ruling has been issued under this Act. In its report, the Government indicates that the 2007 Act was repealed by Act No. 2015 031 of 10 September 2015 criminalizing slavery and punishing slavery like practices. The Committee observes that this new Act reproduces the main provisions of the previous Act, but defines in greater detail the elements that constitute slavery, the cession of persons, serfdom and debt bondage, while increasing the related penalties. In addition to empowering associations for the defence of human rights to denounce violations and assist victims, the Act henceforth provides for the possibility for those which have benefited from legal personality for at least five years to take legal action and be a party to civil proceedings (section 23). Section 20 provides for the establishment of collegial courts to hear cases of offences relating to slavery and slavery-like practices. Finally, section 25 provides that the courts are bound to maintain the compensation rights of victims. The Committee also notes the adoption on the same date of Act No. 2015–032 establishing legal aid, which sets up a system of legal aid to cover the costs normally borne by the parties for persons who are poor or with low incomes.

With regard to court cases, the Government indicates that 31 cases of slavery-like practices have been heard by the courts, which have resulted in one case of imprisonment (for two years), judicial review, fines, civil compensation for the victims and acquittals. The Tadamoun Agency has also been a party in civil proceedings in a number of cases relating to the exploitation of slavery. In its observations, the ITUC refers to reticence by the administrative and police authorities to investigate cases of slavery brought to their knowledge by associations. Similarly, the investigatory authorities have a tendency to shelve cases without follow up, and the judicial authorities to re-classify the facts to avoid the application of provisions criminalizing slavery.

The Committee observes that, although more cases are being brought to court, difficulties persist in obtaining the conviction of those responsible with the imposition of really dissuasive penal sanctions. The Committee recalls that, under the terms of Article 25 of the Convention, States are under the obligation to ensure that the penal sanctions established by law for the exaction of forced labour are really adequate and are strictly enforced. It emphasizes in this regard that the victims of slavery are in a situation of great economic and psychological vulnerability which requires specific action by the State. The Committee therefore trusts that the adoption of Act No. 2015–031 will be accompanied by specific measures demonstrating the Government’s will to ensure its effective enforcement and that, for this purpose, the police, prosecutors and judges will be trained, their awareness raised and that they will be provided with adequate means to conduct investigations, gather proof and initiate judicial proceedings rapidly, effectively and impartially throughout the national territory. The Committee requests the Government to indicate the measures taken for the establishment of specialized collegial courts to hear cases of offences relating to slavery. Finally, the Committee requests the Government to provide information on the number of cases of slavery denounced to the authorities, the number for which an investigation has been conducted, the number which resulted in judicial action and the number and nature of the sentences imposed. Please also indicate the manner in which, in practice, victims of slavery are compensated for the damages suffered, in accordance with section 25 of the Act.

(b) Strategic and institutional framework to combat slavery. The Committee previously welcomed the adoption in March 2014 of the roadmap to combat the vestiges of slavery, which contains 29 recommendations covering the legal, economic and social fields, as well as awareness raising, and it requested the Government to take appropriate measures for their implementation. In its report, the Government refers to the establishment of an Interministerial Technical Committee to follow up the implementation of the roadmap, under the direct supervision of the Prime Minister, as well as a technical follow up commission. The Interministerial Technical Committee adopted a plan of action for the implementation of the recommendations. In this regard, the Government provides information on the progress made in the implementation of certain recommendations, and particularly on the awareness-raising campaigns conducted among target groups, civil society and religious leaders. Finally, the Government refers to a number of social and economic programmes developed by the Tadamoun Agency for the construction of school infrastructure in remote areas, the provision of drinking water, the construction of sanitary infrastructure and the building of social housing. According to the Government, these programmes, which benefit the most underprivileged categories of the population, generate employment and enable families to send their children to school. In this regard, the Committee notes that the ITUC regrets the focus by the Tadamoun Agency on poverty reduction to the detriment of other aspects of its mandate, and that trade unions and associations engaged in combating slavery are excluded from its activities.

The Committee notes all of this information and encourages the Government to continue implementing the recommendations of the roadmap and to provide detailed information on the activities undertaken in this respect by the Interministerial Technical Committee. The Committee also hopes that the Government will ensure that the necessary means are provided to the Tadamoun Agency in order to adopt the more immediate measures needed to combat forced labour such as awareness raising, as well as to combat the deep-rooted causes and factors which maintain persons in a situation of dependency, in which it is impossible for them to give free and informed consent to the work imposed upon them.

(c) Assessment of the real situation with regard to slavery and awareness raising for society as a whole. The Committee notes that both the CGTM and the ITUC emphasize in their observations that there still persist substantial and lasting practices of slavery which are anchored in traditions and culture. In the view of the CGTM, it is time for egalitarian and just social transformations to be introduced for all categories of society, and for the social partners, and society in general to be engaged in genuine promotional, awareness-raising and educational campaigns for citizens to combat systematically any form of forced labour. The ITUC considers that the refusal of certain authorities to recognize fully the existence of slavery by only referring to its vestiges is an obstacle to the eradication of slavery in Mauritania. It also describes the obstacles placed by the Government in the way of action by trade unions or associations combating slavery with reference to the intervention of the authorities to prevent the organization by the Free Confederation of Mauritanian Workers (CLTM) of an awareness-raising campaign, and the arrest of activists during another awareness-raising campaign.

The Committee recalls that, in view of the complexity of the phenomenon of slavery and its vestiges, the Government should take action in the framework of a global strategy covering the fields of awareness raising and prevention, cooperation with civil society, the protection and reintegration of victims, particularly through specific programmes enabling them to escape from their situation of economic and psychological dependence, and the reinforcement of the capacities of the investigatory and judicial authorities with a view to the effective and dissuasive enforcement of the law. The Committee urges the Government to continue taking all the necessary measures to mobilize all of the competent authorities and the whole of society to combat slavery and to provide information on this subject. It also encourages the Government to undertake research as a basis for making an assessment of the nature and prevalence of slavery in Mauritania in order to improve the planning of public interventions.

Finally, the Committee hopes that, in line with the interest expressed by the Prime Minister in a communication to the Director-General of the ILO in February 2015, and as reiterated by the Government representative to the Conference, the Government will be able to benefit from ILO technical assistance.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

In its previous comments, the Committee urged the Government to take all necessary measures to combat slavery and its vestiges effectively, and to provide detailed and specific information on steps taken in this respect. The Committee notes with regret that despite specific requests in this regard, the Government did not provide a report in 2013 and 2014. It takes note of the observations of the Free Confederation of Mauritanian Workers (CLTM) received on 31 August 2014, as well as of the Government’s reply. It also notes the information contained in the report published in August 2014 by the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences (A/HRC/27/53/Add.1).

Articles 1(1), 2(1) and 25 of the Convention. Slavery and slavery-like practices.

• (a) Effective application of the legislation

The Committee recalls that Act No. 2007/48 of 9 August 2007 criminalizing slavery and punishing slavery-like practices (hereinafter: Act of 2007) defines, criminalizes, and penalizes practices similar to slavery and makes a distinction between the crime of slavery and offences relating to slavery. These provisions state, inter alia, that “any person who appropriates the goods, products, and earnings resulting from the labour of any person claimed to be a slave or who forcefully takes that person’s money shall be liable to imprisonment ranging from six months to two years and a fine ranging from 50,000 to 200,000 ouguiyas” (section 6). The Act empowers human rights associations to denounce violations of the Act and to assist victims, with the latter entitled to judicial proceedings that are free of charge (section 15). The Committee noted that although the Act has received considerable publicity with a view to promoting an understanding of the criminal nature of slavery, it would seem, from all the information available, that victims continue to face problems in being heard and asserting their rights with regard to both the relevant authorities responsible for law enforcement and the judicial authorities.

In its observations of 2013, the CLTM considered that the measures accompanying Act of 2007 remained a dead letter and that it was still extremely difficult for victims to bring their cases before the competent administrative and judicial authorities. In this respect, the Committee notes that in her 2014 report, the United Nations Special Rapporteur states that she remains concerned by the low number of judicial proceedings initiated on the basis of the Act of 2007 and stresses the need for institutions and parties concerned to apply the law, without preconceived ideas. The Committee points out that in the annual report of the National Commission of Human Rights of Mauritania (CNDH), published in May 2014 and available on this institution’s website, reference is made to the decision of the High Council of the Judiciary of 30 December 2013 to set up a special court dealing with crimes concerning slavery practices.

The Committee recalls that, under the terms of Article 25 of the Convention, States ratifying the Convention are obliged to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and strictly enforced. It emphasizes that victims of slavery are in a situation of considerable economic and psychological vulnerability which calls for specific action by the State. Pointing out that only one case has led to a court conviction since the adoption of the Act of 2007, the Committee urges the Government to take the appropriate steps to ensure that victims of slavery are actually able to assert their rights, and that when complaints are brought before the administrative or judicial authorities, these authorities conduct investigations promptly, effectively, and impartially throughout the country, as required by the Act of 2007. Taking due note of the decision to establish a special court for examining slavery practices, the Committee hopes that measures will be taken to set up this court as soon as possible and ensure that it has the necessary means of action commensurate with the seriousness of the crimes with which it is concerned. Finally, the Committee asks the Government to indicate the number of cases of slavery reported to the authorities, the number of cases for which an investigation has been conducted, and the number of cases which have resulted in court proceedings.

• (b) Strategy and institutional framework to combat slavery

In its previous comments, the Committee emphasized that the required responses to the complexity of slavery and its various manifestations must form part of a comprehensive strategy covering all spheres of action, including awareness-raising, prevention, specific programmes enabling victims to leave the situation of economic and psychological dependence, reinforcement of the capacity of the authorities responsible for prosecution and for the administration of justice, cooperation with the civil society, and the protection and reintegration of victims. The Committee previously noted the measures taken in the areas of education, health, and the eradication of poverty in the context of the National Plan to Combat the Vestiges of Slavery (PESE) and emphasized the importance of adopting complementary measures targeting populations that are victims or at risk. The CLTM indicated in 2013 that the PESE was diverted from its original objective and did not reach the villages of former slaves.

The Committee notes that the National Agency to Combat the Vestiges of Slavery and to Promote Integration and Poverty Reduction (Tadamoun) was created in March 2013 (Decree No. 048-2013). It notes that the CLTM, in both its observations of 2013 and 2014, considers that Tadamoun does not have the necessary means to act and that, one year after its creation, it has no results to account for in the area of combating the vestiges of slavery. In its reply, the Government states that Tadamoun’s mission is to design and carry out economic and social programmes in the field, by means of projects providing access to drinking water and basic services, and promoting housing and income-generating activities for the most vulnerable sectors of society with a view to curbing inequalities and encouraging social cohesion. Tadamoun is also authorized to denounce infringements to the Act of 2007 and provide assistance to the victims.

The Committee also notes that, according to information contained in the abovementioned reports of the CNDH and the United Nations Special Rapporteur, the Mauritanian authorities have adopted the roadmap for combating the vestiges of slavery in March 2014. This roadmap, prepared with the participation of the public departments concerned and the support of the United Nations High Commissioner for Human Rights, contains 29 recommendations in legal, economic, and social areas, as well as in the sphere of awareness raising. The bodies responsible for implementing each recommendation have been identified and deadlines have been established.

The Committee welcomes the establishment of Tadamoun and the adoption of the roadmap, both of which constitute two important measures to advance efforts to combat slavery in Mauritania. The Committee nevertheless considers that, in order for the roadmap to be an effective driving force to combat the vestiges of slavery, the Government must take appropriate measures to ensure that specific and rapid results may be noted in practice. The Committee trusts that the Government will not fail to provide, in its next report, detailed information on the implementation of the 29 recommendations contained in the roadmap to combat the vestiges of slavery. Noting that recommendations Nos 28 and 29 refer to the establishment of a committee to follow up the measures programmed and to assess them on a regular basis, the Committee requests the Government to indicate whether this committee has been set up and to specify the activities it has conducted. Finally, the Committee recalls the importance of research to enable an overview of the realities of slavery to ensure better planning of Government action and to guarantee that the activities carried out by Tadamoun target all victims and regions concerned, and it asks the Government to indicate the measures taken in this respect.

The Committee notes that, in its report, the CNDH emphasizes that “it is vital to launch programmes raising awareness about the illegality and illegitimacy of slavery and the Act of 2007, involving religious authorities, elected representatives and the civil society at the highest level”. It also recommends that “this awareness raising must be conducted with the effective involvement of the religious authorities, whose positions and opinions on the matter must be unequivocal”. The Committee requests the Government to continue taking measures to make the population and authorities responsible for enforcing the Act aware of the problem of slavery. Please also indicate the measures taken to strengthen the capacities of these authorities to ensure that they are able to better identify and protect victims.

In concluding, the Committee recalls that, in order to be able to evaluate adequately the policy carried out by the Government, it is essential that the Government communicate full and detailed information on this matter in the reports it is bound to submit under the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that, despite a specific request in this regard, the Government has not provided a report. It takes notes of the observations of the Free Confederation of Mauritanian Workers (CLTM) and the General Confederation of Workers of Mauritania (CGTM), received on 29 and 30 August 2013, respectively. The Committee observes that, in its observations, the CLTM reiterates that the actions of the Government to combat slavery remain insufficient and do not create an enabling environment for its eradication, but instead maintain an environment conducive to the development of slavery. The CLTM indicates that the measures accompanying the 2007 Act criminalizing slavery have remained a dead letter; that the National Plan to Combat the Vestiges of Slavery (PESE) was diverted from its original objective and did not reach the villages of former slaves; that the National Agency to Combat the Vestiges of Slavery and to Promote Integration and Poverty Reduction “Tadamoun”, created at the start of 2013, does not have the necessary means to act; and that it is still extremely difficult for victims to bring their case before administrative and judicial bodies. The CGTM, in its communication, refers to the subordination and dependence of former slaves who, due to the discrimination and social exclusion they face, find themselves in very difficult economic situations, which lead them to accept any type of work.

In view of the above and the content of the observation made by the Committee in 2012, the Committee urges the Government to take all the necessary measures to effectively combat slavery and its vestiges. It trusts that the Government will not fail to provide detailed information in its next report which replies to the Committee’s previous observation, which concerned the following points:

Articles 1(1), 2(1) and 25 of the Convention. Slavery and slavery-like practices. In its previous comments, the Committee noted that the Government had taken a number of positive measures which demonstrated the Government’s commitment to combat slavery and the vestiges thereof. However, it observed that, despite these measures, victims were unable to assert their rights and it asked the Government to take appropriate measures in this respect. The Committee also underlined the importance of a comprehensive strategy to combat slavery which would make it possible to address this issue in a broad manner. The Committee notes that the question of the application of the Convention by Mauritania was examined by the Committee on the Application of Standards of the International Labour Conference in June 2010. It also notes the report published in August 2010 by the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences (A/HRC/15/20/Add.2).

(a) Effective application of the legislation. The Committee recalls that Act No. 2007/48 of 9 August 2007 criminalizing slavery and punishing slavery-like practices (hereinafter: Act of 2007) defines, criminalizes and penalizes practices similar to slavery and makes a distinction between the crime of slavery and offences relating to slavery. These provisions state, inter alia, that “any person who appropriates the goods, products and earnings resulting from the labour of any person claimed to be a slave or who forcibly takes that person’s monies shall be liable to imprisonment ranging from six months to two years and a fine ranging from 50,000 to 200,000 ouguiyas” (section 6). Furthermore, the Walis, Hakems, local chiefs and officers of the criminal investigation police who do not take action with regard to slavery-like practices that are brought to their knowledge shall be liable to imprisonment and a fine (section 12). Lastly, human rights associations are empowered to denounce violations of the Act and to assist victims, with the latter entitled to judicial proceedings that are free of charge (section 15). The Committee noted that the Act had received considerable publicity with a view to promoting an understanding of the criminal nature of slavery. It stressed the need to continue the awareness-raising process in view of the fact that victims seemed unable to assert their rights with regard to the competent authorities.

The Committee observes that the ITUC emphasizes in its 2012 observations that it is extremely difficult for victims of slavery to overcome cultural and legal obstacles in order to be able to lodge complaints and take legal action against their masters. The ITUC refers to the reluctance at various levels of the administration to enforce the law. Even though several victims have attempted to take legal action against their masters, only one conviction was handed down in November 2011. The ITUC also reports reluctance to use the Act of 2007 as the basis for investigation, delays in the processing of cases at the investigation stage and at the time of instituting proceedings, and numerous dismissals of cases by public prosecutors, and provides several examples in this respect.

The Committee notes the Government’s reference in its 2011 report to five cases examined in 2010 by the National Commission on Human Rights (CNDH). Of these five cases, only one led to a court conviction, and this was following the intervention of the Public Prosecutor’s Office, which took action to overturn, in the interests of the law, the decision by the Court of Appeal to release a woman accused of having kept two children as slaves. Further to the ruling being overturned, the woman concerned was sentenced to six months’ imprisonment. The Government emphasizes that this outcome was possible thanks to the unbending determination of the public authorities, the prompt instructions issued by the Prefect, cooperation between NGOs and the police, and intervention by the Public Prosecutor’s Office. The Committee observes that the Government makes a general reference in its 2012 report to the responsiveness of the authorities in pursuing investigations into allegations of slavery and bringing the cases before the courts, but it fails to provide any specific information on new cases of enforcement of the law or on court decisions that have been handed down.

The Committee notes that the United Nations Special Rapporteur on contemporary forms of slavery states that she had heard of cases of slavery being reported to the relevant authorities. However, either the cases were reclassified under the heading of “inheritance or land dispute” or were not pursued owing to insufficient documentary evidence, or the person who put forward the claim was put under pressure from his or her extended family, master or sometimes local authorities to retract his or her claim. This results in cases never being reported as “slavery” cases and therefore, judicially, slavery cases do not exist.

The Committee notes with concern that this information shows that victims continue to face problems in being heard and asserting their rights with regard to both the relevant authorities responsible for law enforcement and the judicial authorities. It recalls that the Conference Committee already expressed its concern in this regard. The Committee emphasizes that victims of slavery are in a situation of considerable economic and psychological vulnerability which calls for proactive measures by the State. However, the public authorities which should protect them appear to be reluctant to enforce the Act of 2007. The Committee recalls that, under the terms of Article 25 of the Convention, States which ratify the Convention are obliged to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and are strictly enforced. The Committee urges the Government to take the appropriate steps to ensure that victims are actually able to turn to the police and judicial authorities to assert their rights and that these authorities conduct investigations promptly, effectively and impartially throughout the country, as required by the Act of 2007. The Committee requests the Government to provide information in its next report on the number of cases of slavery reported to the authorities, the number of cases for which an investigation has been conducted and the number of cases which have resulted in court proceedings. The Committee considers it essential with a view to eliminating slavery that the prison sentences provided for by the Act of 2007 are actually imposed on the perpetrators of these practices.

(b) Comprehensive strategy to combat slavery. In its previous comments, the Committee noted the adoption of the National Plan to Combat the Vestiges of Slavery (PESE), covering the fields of education, health and income-generating activities. It emphasized that, by addressing poverty, the National Plan represented one component of the action required to combat slavery, although such action should also encompass other measures. The Committee thus drew the Government’s attention to the importance of a comprehensive strategy to combat slavery.

The Committee notes that the Government, in its last two reports, has not supplied any details of the measures taken in the context of the PESE or any information on the adoption of a strategy or comprehensive plan to combat slavery. However, it notes that during the discussion of this case by the Conference Committee, the Government indicated that more than 1,000 actions had been undertaken in the context of the PESE, benefiting a total of 93,000 persons in 282 localities. The Conference Committee underlined that while the measures adopted to combat poverty were an important element in the strategy to overcome slavery, the programmes implemented needed to have the objective of ensuring the economic independence of those who were victims of slavery, and it asked 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 Conference Committee also emphasized that the issue of slavery needed to be addressed by Mauritanian society as a whole, and the Government needed 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.

The Committee notes that the CGTM, in its 2011 observations, complains about the Government’s lack of determination to establish a coherent policy for combating slavery and underlines the urgent need to establish specific programmes, in cooperation with all the social partners. The CGTM indicates that the State must launch a genuine national dialogue on this issue in order to contribute to a real raising of public awareness and put an end to these practices once and for all. The CLTM, for its part, is of the view that, despite the measures taken, there is no real political will to end slavery. It asserts that, with the complicity of the State, slavery remains a current practice throughout the country and appears in different forms which keep slaves and former slaves subjugated to their masters or former masters through denial of the right to property, expropriation, and keeping slaves in a state of need and dependence. The CLTM considers that the State fails to ensure that these categories of citizens have access to basic infrastructure (schools, health care, roads, etc.) and adopts a discriminatory policy regarding access to certain benefits. Finally, the ITUC emphasizes that it is essential for the Government to formulate a national strategy or a plan to combat the persistent and widespread practice of slavery, and also its vestiges and consequences. The ITUC considers that an inter-institutional body must be established for this purpose and that one of its initial functions would be to conduct research into the number of persons who are victims of slavery.

The Committee notes all of the above information. It expresses its concern regarding the lack of information since 2010 on the specific measures taken in the context of the PESE, a copy of which has still not been sent by the Government, and also at the lack of progress regarding the formulation and implementation of a comprehensive strategy to combat slavery. The persistence of slavery in Mauritania is rooted in many causes, including economic and cultural factors. In view of the complexity of this phenomenon and its various manifestations, the Committee again emphasizes that the required responses must form part of a comprehensive strategy to combat slavery covering all spheres of action, including awareness-raising, prevention, specific programmes enabling victims to leave the situation of economic and psychological dependence, reinforcement of the capacity of the authorities responsible for prosecution and for the administration of justice, cooperation with NGOs, and the protection and reintegration of victims. In this regard, the Committee recalls, as the Conference Committee also observed, that it is essential for the Government to have reliable qualitative and quantitative information on the characteristics of slavery. The Committee therefore urges the Government to take the necessary steps to adopt and implement a comprehensive strategy to combat slavery, which encompasses the various aspects described above. The Committee firmly hopes that this strategy will be accompanied by research to enable an overview of the realities of slavery to ensure better planning of government action in this sphere and to ensure that planned measures target all the population groups and regions concerned.

(c) Protection and reintegration of victims. The Committee recalls that it is essential that victims, once they have been identified, are the recipients of measures to support and reintegrate them. It observes that the Government, in its 2011 report, indicates that five persons, whose cases had been referred to the National Commission on Human Rights, received direct financial aid or funding for income-generating activities in the context of the PESE. The ITUC points out that the PESE has not been allocated sufficient financial or human resources to combat slavery effectively, that it is not in a position to identify victims or provide them with comprehensive and systematic follow-up, and that the financial assistance given to victims is insufficient to meet their long-term needs. The ITUC adds that the PESE has not been operational for almost a year, since the resignation of its Director Generals in 2011.

The Committee notes this information, which demonstrates the need to strengthen the material and financial support for victims so that they can lodge complaints and avoid reverting to a situation of dependence in which their labour would once again be exploited. The Committee requests the Government to provide information on the specific steps taken to ensure effective protection for victims of slavery, either as part of the strengthening of the PESE or in the context of the adoption of a comprehensive strategy to combat slavery. In this regard, the Committee hopes that the measures taken will take account of the need to provide victims with legal, economic and psychological support. The Committee also requests the Government to indicate the mechanisms whereby victims receive compensation for the personal and material damage suffered.

In conclusion, the Committee hopes that the Government will be in a position to provide detailed information in its next report on the steps taken to continue to combat slavery, which, according to the various sources cited in this comment, remains a widespread practice, with the United Nations Special Rapporteur concluding that “de facto slavery in Mauritania continues to be a slow, invisible process which results in the ‘social death’ of many thousands of women and men”. The Committee therefore trusts that the Government will tackle the resistance which still exists in the various spheres of Mauritanian society.

The Committee hopes that the Government will make every effort to take the necessary action in the near future. In this regard, the Committee strongly encourages the Government to accept a direct contacts mission to help it to overcome the difficulties that it faces.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the reports on the application of the Convention sent by the Government in September 2011 and in 2012, and the observations from the General Confederation of Workers of Mauritania (CGTM), the Free Confederation of Mauritanian Workers (CLTM) and the International Trade Union Confederation (ITUC), which were received on 22 August 2011, 27 August 2012 and 31 August 2012, respectively.

Articles 1(1), 2(1) and 25 of the Convention. Slavery and slavery-like practices. In its previous comments, the Committee noted that the Government had taken a number of positive measures which demonstrated the Government’s commitment to combat slavery and the vestiges thereof. However, it observed that, despite these measures, victims were unable to assert their rights and it asked the Government to take appropriate measures in this respect. The Committee also underlined the importance of a comprehensive strategy to combat slavery which would make it possible to address this issue in a broad manner. The Committee notes that, since its last observation, the question of the application of the Convention by Mauritania was examined by the Committee on the Application of Standards of the International Labour Conference in June 2010. It also notes the report published in August 2010 by the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences (A/HRC/15/20/Add.2).

(a) Effective application of the legislation. The Committee recalls that Act No. 2007/48 of 9 August 2007 criminalizing slavery and punishing slavery-like practices (hereinafter: Act of 2007) defines, criminalizes and penalizes practices similar to slavery and makes a distinction between the crime of slavery and offences relating to slavery. These provisions state, inter alia, that “any person who appropriates the goods, products and earnings resulting from the labour of any person claimed to be a slave or who forcibly takes that person’s monies shall be liable to imprisonment ranging from six months to two years and a fine ranging from 50,000 to 200,000 ouguiyas” (section 6). Furthermore, the Walis, Hakems, local chiefs and officers of the criminal investigation police who do not take action with regard to slavery-like practices that are brought to their knowledge shall be liable to imprisonment and a fine (section 12). Lastly, human rights associations are empowered to denounce violations of the Act and to assist victims, with the latter entitled to judicial proceedings that are free of charge (section 15). The Committee noted that the Act had received considerable publicity with a view to promoting an understanding of the criminal nature of slavery. It stressed the need to continue the awareness-raising process in view of the fact that victims seemed unable to assert their rights with regard to the competent authorities and that the Government had been unable to supply information on complaints submitted, investigations undertaken or legal proceedings instituted.

The Committee observes that the ITUC emphasizes in its observations that it is extremely difficult for victims of slavery to overcome cultural and legal obstacles in order to be able to lodge complaints and take legal action against their masters. The ITUC refers to the reluctance at various levels of the administration to enforce the law. Even though several victims have attempted to take legal action against their masters, only one conviction was handed down in November 2011. The ITUC also reports reluctance to use the Act of 2007 as the basis for investigation, delays in the processing of cases at the investigation stage and at the time of instituting proceedings, and numerous dismissals of cases by public prosecutors, and provides several examples in this respect.

The Committee notes the Government’s reference in its 2011 report to five cases examined in 2010 by the National Commission on Human Rights (CNDH). Of these five cases, only one led to a court conviction, and this was following the intervention of the Public Prosecutor’s Office, which took action to overturn, in the interests of the law, the decision by the Court of Appeal to release a woman accused of having kept two children as slaves. Further to the ruling being overturned, the woman concerned was sentenced to six months’ imprisonment. The Government emphasizes that this outcome was possible thanks to the unbending determination of the public authorities, the prompt instructions issued by the Prefect, cooperation between NGOs and the police, and intervention by the Public Prosecutor’s Office. The Committee observes that the Government makes a general reference in its 2012 report to the responsiveness of the authorities in pursuing investigations into allegations of slavery and bringing the cases before the courts, but it fails to provide any specific information on new cases of enforcement of the law or on court decisions that have been handed down. The Government points out that proven cases of vestiges of slavery in Mauritania have become rare.

The Committee notes that the United Nations Special Rapporteur on contemporary forms of slavery states in her report that she had heard of cases of slavery being reported to the relevant authorities. However, either the cases were reclassified under the heading of “inheritance or land dispute” or were not pursued owing to insufficient documentary evidence, or the person who put forward the claim was put under pressure from his or her extended family, master or sometimes local authorities to retract his or her claim. This results in cases never being reported as “slavery” cases and therefore, judicially, slavery cases do not exist.

The Committee notes with concern that this information shows that victims continue to face problems in being heard and asserting their rights with regard to both the relevant authorities responsible for law enforcement and the judicial authorities. It recalls that the Conference Committee already expressed its concern in this regard. The Committee emphasizes that victims of slavery are in a situation of considerable economic and psychological vulnerability which calls for proactive measures by the State. However, the public authorities which should protect them appear to be reluctant to enforce the Act of 2007. The Committee recalls that, under the terms of Article 25 of the Convention, States which ratify the Convention are obliged to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and are strictly enforced. The Committee urges the Government to take the appropriate steps to ensure that victims are actually able to turn to the police and judicial authorities to assert their rights and that these authorities conduct investigations promptly, effectively and impartially throughout the country, as required by the Act of 2007. The Committee requests the Government to provide information in its next report on the number of cases of slavery reported to the authorities, the number of cases for which an investigation has been conducted and the number of cases which have resulted in court proceedings. The Committee considers it essential with a view to eliminating slavery that the prison sentences provided for by the Act of 2007 are actually imposed on the perpetrators of these practices.

(b) Comprehensive strategy to combat slavery. In its previous comments, the Committee noted the adoption of the National Plan to Combat the Vestiges of Slavery (PESE), with a budget of 1 billion ouguiyas (MRO) (approximately US$3.3 million) covering the fields of education, health and income-generating activities. It emphasized that, by addressing poverty, the National Plan represented one component of the action required to combat slavery, although such action should also encompass other measures such as raising the awareness of society and the competent authorities or measures to combat impunity and protect victims. The Committee thus drew the Government’s attention to the importance of a comprehensive strategy to combat slavery.

The Committee notes that the Government, in its last two reports, has not supplied any details of the measures taken in the context of the PESE or any information on the adoption of a strategy or comprehensive plan to combat slavery. However, it notes that during the discussion of this case by the Conference Committee, the Government indicated that more than 1,000 actions had been undertaken in the context of the PESE, benefiting a total of 93,000 persons in 282 localities. The Conference Committee underlined that while the measures adopted to combat poverty were an important element in the strategy to overcome slavery, the programmes implemented needed to have the objective of ensuring the economic independence of those who were victims of slavery, and it asked 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 Conference Committee also emphasized that the issue of slavery needed to be addressed by Mauritanian society as a whole, and the Government needed 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.

The Committee notes that the CGTM, in its observations, complains about the Government’s lack of determination to establish a coherent policy for combating slavery and underlines the urgent need to establish specific programmes, in cooperation with all the social partners. The CGTM indicates that the State must launch a genuine national dialogue on this issue in order to contribute to a real raising of public awareness and put an end to these practices once and for all. The CLTM, for its part, is of the view that, despite the measures taken, there is no real political will to end slavery. It asserts that, with the complicity of the State, slavery remains a current practice throughout the country and appears in different forms which keep slaves and former slaves subjugated to their masters or former masters through denial of the right to property, expropriation, and keeping slaves in a state of need and dependence. The CLTM considers that the State fails to ensure that these categories of citizens have access to basic infrastructure (schools, health care, roads, etc.) and adopts a discriminatory policy regarding access to certain benefits. Finally, the ITUC emphasizes that it is essential for the Government to formulate a national strategy or a plan to combat the persistent and widespread practice of slavery, and also its vestiges and consequences. The ITUC considers that an inter-institutional body must be established for this purpose and that one of its initial functions would be to conduct research into the number of persons who are victims of slavery.

The Committee notes all of the above information. It expresses its concern regarding the lack of information since 2010 on the specific measures taken in the context of the PESE, a copy of which has still not been sent by the Government, and also at the lack of progress regarding the formulation and implementation of a comprehensive strategy to combat slavery. The persistence of slavery in Mauritania is rooted in many causes, including economic and cultural factors. In view of the complexity of this phenomenon and its various manifestations, the Committee again emphasizes that the required responses must form part of a comprehensive strategy to combat slavery covering all spheres of action, including awareness-raising, prevention, specific programmes enabling victims to leave the situation of economic and psychological dependence, reinforcement of the capacity of the authorities responsible for prosecution and for the administration of justice, cooperation with NGOs, and the protection and reintegration of victims. In this regard, the Committee recalls, as the Conference Committee also observed, that it is essential for the Government to have reliable qualitative and quantitative information on the characteristics of slavery. The Committee therefore urges the Government to take the necessary steps to adopt and implement a comprehensive strategy to combat slavery, which encompasses the various aspects described above. The Committee firmly hopes that this strategy will be accompanied by research to enable an overview of the realities of slavery to ensure better planning of government action in this sphere and to ensure that planned measures target all the population groups and regions concerned.

(c) Protection and reintegration of victims. The Committee recalls that it is essential that victims, once they have been identified, are the recipients of measures to support and reintegrate them. It asked the Government to indicate whether the PESE envisaged the creation of structures intended to facilitate the social and economic reintegration of victims. The Committee observes that the Government, in its 2011 report, indicates that five persons, whose cases had been referred to the National Commission on Human Rights, received direct financial aid or funding for income-generating activities in the context of the PESE. The ITUC points out that the PESE has not been allocated sufficient financial or human resources to combat slavery effectively, that it is not in a position to identify victims or provide them with comprehensive and systematic follow-up, and that the financial assistance given to victims is insufficient to meet their long-term needs. The ITUC adds that the PESE has not been operational for almost a year, since the resignation of its Director-General in 2011.

The Committee notes this information, which demonstrates the need to strengthen the material and financial support for victims so that they can lodge complaints and avoid reverting to a situation of dependence in which their labour would once again be exploited. The Committee requests the Government to provide information on the specific steps taken to ensure effective protection for victims of slavery, either as part of the strengthening of the PESE or in the context of the adoption of a comprehensive strategy to combat slavery. In this regard, the Committee hopes that the measures taken will take account of the need to provide victims with legal, economic and psychological support. The Committee also requests the Government to indicate the mechanisms whereby victims receive compensation for the personal and material damage suffered.

In conclusion, the Committee hopes that the Government will be in a position to provide detailed information in its next report on the steps taken to continue to combat slavery, which, according to the various sources cited in this comment, remains a widespread practice, with the United Nations Special Rapporteur concluding that “de facto slavery in Mauritania continues to be a slow, invisible process which results in the ‘social death’ of many thousands of women and men”. The Committee therefore trusts that the Government will tackle the resistance which still exists in the various spheres of Mauritanian society.

Lastly, the Committee hopes that the Government will avail itself of technical assistance from the Office to help it to overcome the difficulties that it faces.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Slavery and slave-like practices. In its previous comments, the Committee noted that the fact-finding mission which visited Mauritania in 2006, at the request of the Committee on the Application of Standards of the International Labour Conference, had noted a number of positive measures which illustrated the Government’s commitment to combat slavery and its vestiges. It observed that the Government had undertaken to take into account the recommendations made by the fact-finding mission in the formulation of the national strategy to combat slave-like practices. In this respect, the Committee noted the adoption, on 9 August 2007, of Act No. 2007/48 criminalizing and penalizing slave-like practices. It requested the Government to take the necessary measures to ensure the effective application of the Act and the implementation of the national strategy to combat slave-like practices.

Effective application of the legislation. The Committee recalls that Act No. 2007/48 defines, criminalizes and penalizes slave-like practices and makes a distinction between the crime of slavery and offences of slavery. Such offences include “any person who appropriates the goods, products and earnings resulting from the labour of any person claimed to be a slave or who forcibly takes that person’s monies who shall be punished by a sentence of imprisonment of from six months to two years and a fine of from 50,000 to 200,000 ouguiyas” (section 6). Offences of slavery also include prejudicing the physical integrity of a person claimed to be a slave and denying a child claimed to be a slave access to education (sections 5 and 7). Furthermore, the Walis, Hakems, local chiefs and officers of the criminal investigation police who do not follow up cases of slave‑like practices that are brought to their knowledge shall be liable to a sentence of imprisonment and a fine (section 12). Finally, human rights associations are empowered to denounce violations of the Act and to assist victims, with the latter benefiting from free judicial proceedings (section 15).

The Committee considered that the adoption of the Act constituted an important first step in combating slavery and that the challenge would henceforth lie in the effective application of the legislation so that victims can assert their rights effectively and those responsible for the persistence of slavery are convicted and punished. It requested the Government to take steps to publicize the new Act among the forces of order and the judicial authorities, as well as the population at large, and to ensure that investigations are conducted rapidly and are effective and impartial when cases are brought to the knowledge of the authorities.

With regard to the first point, the Government indicates in its report that the Act criminalizing slavery and penalizing slave-like practices has been the subject of intense awareness-raising activity and that every measure has been taken to ensure that publicity is given to the provisions of the Act with a view to promoting an understanding of the criminal nature of slavery. The Committee notes this national awareness-raising campaign on the contents of the Act, which was carried out in February 2008. It notes that it was undertaken in many regions of the country. Missions to supervise the campaign at the regional level organized meetings and assemblies during which the provisions of the Act were explained to the population. These missions were generally composed of representatives of the Government, the local authorities, the religious authorities, the National Human Rights Commission and NGOs active in this field. The Committee observes that this campaign, which was carried out immediately following the entry into force of the Act, certainly provided an important signal to civil society as it benefited from the presence of members of the Government and of various authorities who were able to proclaim their will to combat slavery. The Committee hopes that the Government will take all the appropriate measures to continue carrying out awareness-raising activities on the Act and on the problem of slavery in general, targeting more particularly the most vulnerable groups and those who are in the first line of contact with victims.

The Committee stresses the particular importance of following up and further enhancing the process of awareness raising since, according to the information available, it would not appear that victims are able to assert their rights effectively. The Committee notes that the Government has not provided any information on the complaints lodged by victims or the NGOs representing them, the investigations carried out or the commencement of judicial proceedings. The Committee is also concerned about the absence of information on the measures adopted by the Government to encourage and assist victims in their action. It had already expressed concern in the past about the fact that victims encountered difficulties in being heard and in asserting their rights, both with regard to the authorities responsible for the forces of order and the judicial authorities. In this respect, it considered that sections 12 and 15 of the Act (assistance to victims, the prosecution of authorities which do not follow up cases of slave-like practices that are brought to their knowledge) could contribute to removing the obstacles preventing access to justice.

The Committee recalls that, under the terms of Article 25 of the Convention, States which ratify the Convention are under the obligation to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and strictly enforced. It considers that the absence of court action by victims may reveal ignorance of the recourse procedures available, the fear of social reprobation or reprisals, or a lack of will by the authorities responsible for taking legal action. The Committee requests the Government to take the appropriate measures to ensure that victims are effectively in a position to turn to the police and the judicial authorities with a view to asserting their rights and that investigations are conducted in a rapid, effective and impartial manner. The Committee requests the Government to provide information in its next report on the number of cases of slavery reported to the authorities, the number of cases in which an investigation has been conducted and the number of cases which have resulted in judicial action. Please indicate whether prosecutions have been initiated as a result of action by the victim or the Office of the Attorney-General and provide copies of any judgements handed down.

The Committee notes that a technical assistance mission visited Mauritania in February 2008, in the course of which the follow-up to the recommendations of the fact-finding mission was discussed. The Committee notes that the mission was informed that the National Human Rights Commission (CNDH) which has as its mandate to examine situations of the violation of human rights that are reported or brought to its knowledge and to take all appropriate action, has received allegations of slavery. In such cases, the CNDH sends one of its members to the scene and, following investigation, sends a report with recommendations to the President of the Republic. The Committee requests the Government to provide information on the cases referred to the CNDH, the recommendations made and the action taken as a result of these recommendations.

National strategy to combat the vestiges of slavery. Recalling that in 2006 the Council of Ministers adopted the principle of formulating a national strategy to combat the vestiges of slavery and that an inter-ministerial committee was established for that purpose, the Committee previously requested the Government to indicate whether such strategy had effectively been adopted and to provide detailed information on the measures taken in this context.

In its report, the Government indicates that the national strategy to combat slave-like practices has not been adopted. However, the Commissariat for Human Rights, Humanitarian Action and Relations with Civil Society has established a national plan to combat the vestiges of slavery, with a budget of 1 billion ouguiyas, covering the fields of education, health and income-generating activities in the area known as “the triangle of poverty”. The Government adds that it has still not reached agreement with the United Nations Development Programme (UNDP) and the European Union (EU) concerning the terms of reference for the study on slavery that these institutions were proposing to finance.

The Committee notes the budgetary allocation for the national plan to combat the vestiges of slavery and observes that the plan, by focusing on education and income-generating activities, is designed to act on poverty in the region identified by the Government as being the “geographical zone concerned”. The Committee nevertheless observes that the Government still does not have at its disposal reliable data enabling it to evaluate the extent of the phenomenon of slavery and to identify its characteristics (social, geographical, etc.). Consequently, certain victims or populations at risk could be excluded from the measures envisaged in the context of the national plan. The Committee requests the Government to provide a copy of the national plan to combat slavery and to supply further information on the practical action adopted in the context of the plan. The Committee also draws the Government’s attention to the importance of a global strategy to combat slavery. By addressing poverty, the national plan covers one of the aspects of the action required to combat slavery, although it should also encompass other measures, such as those outlined above, namely raising the awareness of society, the police and the judicial authorities, and measures to combat the impunity of those responsible for these practices. In this context, the Committee requests the Government to indicate the measures adopted or envisaged with a view to the adoption of a global strategy to combat slavery and to indicate whether it intends, to that effect, to carry out a quantitative and qualitative study of the issue of slavery in Mauritania.

The Committee also considers that, once they have been identified, it is important to envisage measures to support and reintegrate victims. It is necessary to provide material and financial support to victims so that they can lodge complaints, on the one hand, and to avoid them reverting to a situation of vulnerability in which their labour would once again be exploited. The objective is for the victims to be in a position to reconstruct their lives outside the household of their masters. The Committee requests the Government to indicate whether the national plan of action envisages the creation of structures intended to facilitate the social and economic reintegration of victims. The Committee asks the Government to indicate whether victims have access to compensation procedures for the personal and material damages suffered.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 2(2)(c) of the Convention. Prison labour. For many years, the Committee has been drawing the Government’s attention to Decree No. 70-153 of 23 May 1970, issuing the internal rules of prison establishments, of which certain provisions would appear to allow for the possibility of hiring prison labour to private individuals. The Committee drew the Government’s attention to Article 2(2)(c) of the Convention, under the terms of which any work or service exacted from a person as a consequence of a conviction in a court of law is not considered to be forced labour only where the said work is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The Government indicated previously that in practice prison labour had never been hired to or placed at the disposal of private individuals. In its 2006 report, the Government indicated that Decree No. 70-153 was not in contradiction with the provisions of the Convention as this practice consists of “internal hiring” resulting from a conviction in a court of law. In the absence of information on this matter in the last report, the Committee requests the Government to specify the notion of “internal hiring” and to confirm that in practice prison labour is not hired to a private entity (individuals or companies), either inside or outside prison premises, as a result of a conviction in a court of law.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1) and 2(1) of the Convention. Slavery and slave-like practices. The Committee notes the Government’s report and the comments provided by the General Confederation of Workers of Mauritania (CGTM).

For many years, both the Committee of Experts and the Committee on the Application of Standards of the International Labour Conference have been examining attentively the issue of slavery and the vestiges of slavery in Mauritania, and particularly the practices of forced labour which may be imposed in this context. In its last comments, the Committee noted that, at the request of the Conference Committee on the Application of Standards, the Government accepted the visit of a fact-finding mission in May 2006. The Committee observed with interest that the mission had noted a number of positive measures which illustrated the Government’s commitment to combat slavery and its vestiges, which was no longer considered to be a taboo subject. It also noted the Government’s indication that the recommendations contained in the mission’s report should be taken into account in the national strategy to combat the vestiges of slavery. On the basis of these recommendations and the information provided by the Government, the Committee requested the Government to take additional measures to reinforce its legislation, the effective application of the legislation and the national strategy to combat the vestiges of slavery.

(a) Applicable legislation. In its previous comments, the Committee emphasized the shortcomings in the legislation. It hoped that, as the fact-finding mission had recommended, the Government would take the necessary measures to adopt a text clearly penalizing slave-like practices and defining in precise terms their constituent elements so as to enable the judiciary to apply it easily. The Committee notes the adoption by the National Assembly on 9 August 2007 of the Act criminalizing and penalizing slave-like practices. In his explanation of the reasons for the Act, the Prime Minister indicated that the legislative provisions adopted up to then had not achieved their objective, as the texts adopted had not contained an “explicit classification of the phenomenon and its criminalization and penalization to an extent that takes into account its inhumanity”. The Committee notes with satisfaction that this Act defines, criminalizes and penalizes slave-like practices. Section 2 of the Act defines slavery as the exercise of one or all of the attributes of the right of ownership over one or more persons. The Act makes a distinction between the crime of slavery and offences of slavery. A crime of slavery, which is punishable with a sentence of imprisonment of between five and ten years and a fine of between 500,000 and 1 million ouguiyas, consists of reducing another person to slavery, or inciting said person to relinquish her or his freedom or dignity or that of a dependent person or a person under her or his guardianship to be reduced to slavery (section 4). Sections 5–13 define and penalize the various offences of slavery. The Committee notes in particular that these offences include “any person who appropriates the goods, products and earnings resulting from the labour of any person claimed to be a slave or who forcibly takes that person’s monies shall be punished by a sentence of imprisonment of from six months to two years and fine of from 50,000 to 200,000 ouguiyas”. Offences of slavery also include prejudicing the physical integrity of a person claimed to be a slave and denying a child claimed to be a slave access to education. The Committee further notes with interest that the Walis, Hakems, local chiefs and officers of the criminal investigation police who do not follow up denunciations of slave-like practices that come to their knowledge, shall be liable to a sentence of imprisonment and a fine (section 12). Finally, human rights associations are empowered to denounce violations of the Act and to assist victims, with the latter benefiting from free court proceedings (section 15).

(b) Effective application of the legislation. In its previous comments, the Committee noted that the national jurisdictions had never previously examined allegations relating to practices of forced labour or slavery and that victims encountered difficulties in being heard and in asserting their rights, both at the level of the public authorities and the judicial authorities. It noted, on the one hand, the instructions issued by the Minister of the Interior to Walis, Hakems and local chiefs to enforce the law, deal with cases which come to their knowledge with the required rigour and bring cases that lie within their competence to justice; and, on the other hand, the instructions given by the Minister of Justice to the prosecution services to make on‑the‑spot investigations when an allegation relating to the vestiges of slavery is brought to their knowledge and to investigate it.

The Committee considers that the Act criminalizing and penalizing slave‑like practices, as it defines precisely the elements which constitute the crime and the offences of slavery, will be easier for the investigatory and judicial authorities to apply. The Committee considers that it is indispensable for this Act  to be the subject of broad publicity among these authorities, as well as the population in general. It is essential that both the victims and those responsible for these practices realize that the climate has changed. The Committee notes in this respect that the Government refers in its report to the “mobilization of all official and private media with a view to demystifying this problem and raising the awareness of populations as to the gravity of slave-like practices and the obstacle that it constitutes to national cohesion and the socio-economic development of the country”.

The Committee requests the Government to take steps to publicize the new provisions of the legislation so as to promote an understanding of the criminal nature and consequences of engaging in slavery and its vestiges. Such awareness is required to be disseminated to public authorities as well as the public in general. The Committee asks that the Government inform in its next report of the actions taken.

The Committee recalls that, under Article 25 of the Convention, States which ratify the Convention are under the obligation to ensure that the penalties imposed by the law for the exaction of forced labour are really adequate and are strictly enforced. The Committee requests the Government to take the necessary measures to ensure that, on the one hand, victims receive appropriate protection in order to encourage them to approach the police and judicial authorities to assert their rights and, on the other, that investigations are conducted in a rapid, effective and impartial manner; the provisions of the Act addressing assistance to victims and those allowing the prosecution of authorities which do not follow up on denunciations of slave-like practices that are brought to their knowledge will undoubtedly contribute to the achievement of this objective. The Committee also requests the Government to provide information on any court decision handed down under the Act criminalizing slavery and slave-like practices. Whilst the Government has taken an important first step in combating slavery by the adoption of legislation, the challenge is now to implement the legislation by ensuring that those responsible for the continuation of slavery are appropriately convicted and that dissuasive penalties are applied.

(c) National strategy to combat the vestiges of slavery. The Committee noted previously that the Council of Ministers adopted in July 2006 the principle of the formulation, in the context of a participatory approach, of a national strategy to combat the vestiges of slavery, and that an inter‑ministerial committee was established for this purpose in October 2006. It requested the Government to provide detailed information on the adoption and implementation of this strategy. In its last report, the Government does not specify whether the strategy has in practice been adopted. The Committee however notes the Government’s indication that it will endeavour to find the means and machinery to address the vestiges of slavery through a national plan determining objectives in accordance with the priorities defined and encompassing the state sectors concerned (education, justice, communication, agriculture, water, youth and sports). The plan will be evaluated regularly until such time as those suffering the vestiges of the phenomenon catch up with the general level of construction, equality and justice. The Government refers to the implementation of a voluntarist national policy involving all Mauritanians and rejecting exclusion by giving priority to the most underprivileged and vulnerable citizens, with a view to their integration into active life. The Government refers in this respect to the need to promote and support the emergence of income-generating activities for persons who are vulnerable and have been the victims of the vestiges of slavery, and to facilitate the access of the poorest and most vulnerable to vocational training so as to improve their employability. It also refers to the promotion in poor rural agglomerations of basic infrastructure construction (dams, schools, wells) so as to address their essential problems more effectively.

The Committee notes this information. It would be grateful if the Government would indicate whether a national strategy to combat the vestiges of slavery or a national plan of action have been adopted in practice and, if so, to provide a copy, and asks it to indicate the activities undertaken by the inter‑ministerial committee established for this purpose. The Committee also requests the Government to provide more detailed information on the tangible measures that have been adopted and that it intends to take in the context of the strategy or national plan that is adopted. In this respect, it is important for all the actors called upon to play a role in combating slavery and its vestiges, including the police and the forces of order, the judiciary, the labour inspectorate and civil society, including the National Human Rights Commission and the religious authorities, to be stakeholders in this strategy, and for the need to be taken into account to undertake awareness-raising activities at the national, regional and local levels targeting all of the stakeholders referred to above. The Committee would be grateful if the Government would indicate the manner in which programmes to combat poverty specifically target communities in which the phenomenon of slavery and its vestiges is known and persists with a view to preventing these vulnerable persons from once again becoming victims of these practices.

Finally, in the same way as the fact-finding mission, the Committee emphasized previously that it is important to have available reliable information as a basis for assessing the scope of the phenomenon of slavery and its characteristics. It hoped that the Government would be able to conduct a study to offer better guidance for the action that has to be taken by the public authorities and to target the populations and geographical areas concerned. The Committee notes that the UNDP and the European Commission have agreed to mobilize financing to undertake this study and have proposed terms of reference to the Government, in consultation with the Office, which is making its technical assistance available to the Government. The Committee requests the Government to provide information on any development in this respect.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 2, paragraph 2(c), of the Convention. Prison labour. For many years, the Committee has been drawing the Government’s attention to Decree No. 70-153 of 23 May 1970, issuing the internal rules of prison establishments, of which certain provisions would allow for the possibility of hiring prison labour to private individuals. The Committee recalled in this respect that, under the terms of this provision of the Convention, any work or service exacted from any person as a consequence of a conviction in a court of law is not considered to be forced labour, only where the said work is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The Government had previously stated that, in practice, prison labour had never been hired to or placed at the disposal of private individuals. In its last report, the Government indicates that this consists of “internal hiring”, resulting from a conviction in a court of law. The Committee requests the Government to specify whether, following a conviction in a court of law, prison labour may be hired to a private entity (individuals or companies), both inside and outside prison premises.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Requisitioning of persons. The Committee notes with satisfaction that Ordinance No. 62-101 of 26 April 1962 empowering local chiefs to take certain measures necessary for the security of the State or the maintenance of public order, which gave local chiefs very broad powers to requisition persons, has been repealed by Act No. 2005-016 of 27 January 2005.

2. The issue of the vestiges of slavery in Mauritania and the resulting practices of forced labour has been the subject of attentive examination by the Committee of Experts and by the Committee on the Application of Standards of the International Labour Conference for several years. In this respect, the Committee notes the discussion held on the subject of the application of the Convention by Mauritania in the Committee on the Application of Standards in June 2005, following which the Conference Committee considered that, having taken into account the conflicting information on the persistence of the practices of forced labour and slavery, a fact-finding mission should be undertaken and should review the effective application of national legislation. The Government accepted this proposal and a mission visited Mauritania from 13 to 20 May 2006. The Committee notes the mission’s report, and particularly its conclusions and recommendations, which were forwarded to the Government in August 2006. The Committee also notes the Government’s report received in the Office on 12 October 2006, which updates the report received previously in 2005. It further notes that, in a communication received by the Office on 29 November 2006, the Government indicated that the recommendations contained in the mission’s report “should be taken into account in the national strategy to combat the vestiges of slavery”.

(a)   Acknowledgement of the existence of the vestiges of slavery
and the Government’s commitment to combat them

The Committee notes the mission’s indication in the conclusions of its report that “the Government considers that there still exist vestiges of slavery resulting essentially from the endemic poverty” and that it observed that “the statements made by the Mauritanian authorities on this issue had evolved and the matter was no longer taboo”. In this respect, the Committee notes with interest from the information contained in the mission’s report, as well as that provided in the Government’s report, that the Government has taken a number of measures which illustrate its commitment in this field:

–      recognition of the associations that are most active in the aspects of human rights relating to forced labour, such as SOS-Slaves and the Mauritanian Human Rights Association (AMDH);

–      discussion of the problem of slavery and its vestiges during national dialogue days in October 2005. The issue was included in the recommendations emerging from the dialogue days and it was recognized that measures should be taken in this field;

–      organization by the Ministry of Justice, on 24 March 2006, of a day of reflection on the ways and means of eradicating the vestiges of slavery in Mauritania, with the participation of members of the Government, civil society organizations, including human rights NGOs, ulemas, representatives of political parties, etc. The Committee notes that an Interministerial Committee was entrusted with examining the recommendations emerging from this day of reflection and proposed, in a communication adopted by the Council of Ministers on 12 July 2006, that “the Government solemnly and unequivocally reaffirms its will to intensify and adopt systematic measures to combat the vestiges of slavery until achieving their definitive and rapid eradication” and “the formulation, in the context of a participatory approach, of a national strategy to combat the vestiges of slavery”; and

–      adoption by the Council of Ministers in July 2006 of the Ordinance establishing the National Human Rights Commission (CNDH). This independent public institution will be granted administrative and financial autonomy and will be composed of members designated to represent institutions, occupational organizations and civil society, on the one hand, and members designated to represent administrative services, on the other. The Committee notes that the functions of the CNDH include “promoting awareness of human rights and combating all forms of discrimination and violations against human dignity, including (…) slave-like practices (…), by alerting public opinion through information, communication and education, and by calling on all press bodies”.

(b)   Applicable legislation

In its previous comments, the Committee noted that section 5 of the new Labour Code prohibits forced labour, defined as work or service which is exacted from a person under the menace of any penalty and for which the said person has not offered herself or himself voluntarily, and that any violation of this prohibition is punishable by the penal sanctions established in Act No. 2003-025 of 17 July 2003 punishing the trafficking of persons. The Committee expressed its concern regarding the possible consequences in practice of the fact that the general prohibition of forced labour is contained in the Labour Code, while the penalties are set out in a specific law penalizing another offence.

The Committee notes that the objective of the fact-finding mission was to obtain information on the national legislation and review whether it is adequate and effectively applied to bring an end to the vestiges of slavery. The report indicates that the shortcomings of the legislation were emphasized by many of those interviewed by the mission, including the Minister of Justice, who recognized the need to clarify the legislation and emphasized the necessity of defining slave-like practices more precisely and establishing adequate penalties in the context of the reform of the Penal Code. In this respect, the Committee endorses the recommendations of the mission, which “considers that the definition of the elements constituting slave-like practices and their penalization would allow to strengthen the legal provisions”. The Committee hopes that, as recommended in the mission’s report, the Government will take the necessary measures to “adopt a text clearly penalizing slave-like practices and defining in precise terms their constituent elements so as to enable the judiciary to apply it easily” and to “include these juridical innovations in the general context of the current reform of the Penal Code”.

(c)   Effective application of the legislation

In its previous comments, the Committee requested the Government to provide information on the jurisdictions that are competent to receive complaints and the penalties imposed for violations of the prohibition of forced labour, including the number of complaints lodged and copies of the respective court decisions.

The Committee notes that, in its conclusions, the mission finds that “up to now, the national jurisdictions have never had to examine allegations relating to practices of forced labour or slavery. When investigations are conducted, the term slavery is never used to describe the facts, which excludes the possibility of legal proceedings being initiated on these grounds.” The report and the information provided by the Government in its report on the application of the Convention show that victims encounter difficulties in being heard and in asserting their rights both at the level of the public authorities and the judicial authorities.

However, the Committee notes that measures have been adopted in this field. Thus, the Committee notes the Circular of 2 January 2006 addressed by the Minister of the Interior to Walis, Hakems and local chiefs, following the recommendations adopted by the dialogue days on the process of democratic transition, when it was decided that measures were to be taken to combat the vestiges of slavery. In this Circular, the Minister called on these representatives of the State “to enforce the law, particularly with regard to the vestiges of the phenomenon of slavery”, to deal with cases which come to their knowledge “with the required rigour and to bring cases that lie within their competence to justice. In any event, the law remains the sole reference point in this regard.” The Committee also notes that the Minister of Justice indicated to the mission in this respect that he had personally issued instructions to the prosecution services to make on-the-spot visits when an allegation relating to the vestiges of slavery is brought to their knowledge and to investigate it.

With regard to the access of victims to justice, the Committee notes the adoption, on 26 January 2006, of Ordinance No. 2006-005 respecting legal assistance, the objective of which is to provide legal and judicial assistance to the most underprivileged categories of persons.

The Committee recalls that, under the terms of Article 25 of the Convention, States which ratify the Convention are under the obligation to ensure that the penalties imposed by law are really adequate and are strictly enforced. While aware of the difficulties faced by the judicial system and the reticence which may exist with regard to the issue of the vestiges of slavery, the Committee considers that it is important that the measures adopted by the Government to bring an end to the vestiges of slavery (in terms of awareness raising, poverty reduction, etc.) are based on a reliable judicial system capable of applying dissuasive penalties to perpetrators. The Committee therefore hopes that the Government will take the necessary measures to give effect to the recommendations of the mission calling upon the Government to “continue making every effort to ensure: that the competent authorities (prosecutors, magistrates and the police forces) order or undertake rapid and impartial investigations in the event of complaints relating to slavery and its manifestations; that the classification of the facts is not deceptive; that, where they are genuine, such cases are referred to the competent jurisdictions and treated as a priority, and that, where appropriate, the penalties applied are sufficiently dissuasive”.

(d)   National strategy to combat the vestiges of slavery

The Committee notes that the mission emphasizes in its report that problems related to slavery and its various vestiges “have a variety of causes which have their roots in the weight of tradition, culture and religious beliefs and are reinforced by the situation of economic dependence of the victims” and that “the Government has an essential role to play as a catalyst for change. It therefore has to adopt an active policy and adequate legislative measures.” The Committee notes that, since then, the Council of Ministers adopted, on 12 July 2006, the principle of the “formulation, in the context of a participatory approach, of a national strategy to combat the vestiges of slavery. This strategy, which will be subject to a continuous process of monitoring, will have the objective of identifying and proposing all measures conducive to eliminating the vestiges of slavery, particularly in the light of the recommendations made by the national dialogue days.” It also notes that an Interministerial Committee was established for this purpose in October 2006.

The Committee considers that, in the context of this strategy, it is important, as emphasized by the mission in its report, to have available “reliable information as a basis for assessing the scope of the phenomenon of slavery and its characteristics”. The absence of such data could “constitute an obstacle to the implementation of an effective policy to combat the phenomenon.” The Committee hopes that the Government will be able to conduct such a study with the technical assistance of the Office and of other international organizations which have indicated their interest in cooperating with the Government in this field. Such a study would offer better guidance for the action to be taken by the public authorities and would help in targeting the populations and geographical areas concerned.

In more general terms, the Committee requests the Government to provide detailed information in its next report on the implementation of the national strategy to combat the vestiges of slavery. It hopes that, when determining this strategy, the Government will take into account all the recommendations made by the mission, as it indicated in a communication sent to the Office in November 2006. The Committee considers in this respect that all the actors that have a role to play in combating these practices, including the social partners, the police and law enforcement agencies, the judicial system, the labour inspectorate and civil society, including religious authorities, should be stakeholders in this strategy. It also hopes that, among the measures to be adopted in the context of this national strategy, the Government will take into account the need to conduct awareness-raising activities at the national, regional and local levels targeted at all the actors referred to above. Similarly, poverty reduction programmes will need to be implemented in the framework of concerted action, specifically targeting the communities in which the phenomenon of the vestiges of slavery is known and persists, to prevent vulnerable persons becoming victims of these practices once again.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 2, paragraph 2(c), of the Convention. For many years, the Committee has been drawing the Government’s attention to Decree No. 70-153 of 23 May 1970 issuing the internal rules of prison establishments, of which certain provisions would allow for the possibility of hiring prison labour to private individuals. The Government had previously indicated its intention to amend this Decree. In its last report, the Government indicates that this consists of internal hiring. The Committee recalls that, under the terms of this provision of the Convention, any work or service exacted from any person as a consequence of a conviction in a court of law is not considered to be forced labour only where the said work is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The Committee accordingly hopes that the Government will take the necessary measures to amend the above Decree with a view to avoiding any ambiguity and bringing the national legislation into conformity with the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

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

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

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

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

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

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

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

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

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

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

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the report submitted by the Government on the application of the Convention in reply to its previous observation and the comments made by the International Confederation of Free Trade Unions (ICFTU) and the Free Confederation of Mauritanian Workers (CLTM). In addition the Committee notes the information provided by the Government to the Conference Committee on the Application of Standards in June 2003 and the subsequent discussions.

1. In its previous comments, the Committee noted the repeated allegations made by the ICFTU and the World Confederation of Labour (WCL), according to which slave-like practices persisted in Mauritania despite the abolition in law of slavery in 1981 (Ordinance No. 81-234). According to these trade union organizations and certain non-governmental organizations, birth continues to impose an inferior status on the descendants of slaves. These persons generally work as farm labourers, shepherds or servants and are entirely dependent on their master, to whom they give the money that they earn or for whom they work directly in exchange for food and lodging.

The ICFTU comments received in the Office in September 2002 and forwarded to the Government on 31 October 2002 indicate that, while the incidence of slavery has fallen sharply since the beginning of the 1980s, its consequences have nevertheless left many Mauritanians in destitution and in conditions close to slavery. The legal prohibition of slavery has not resulted in the liberation of many persons from the domination that is characteristic of slavery. The ICFTU considers that no measures have been taken to promote the integration of these persons.

The CLTM, in its comments received in February 2003 and forwarded to the Government in March 2003, indicates that the State protects practices of slavery through its feudal system. A significant section of society is accordingly confined to serfdom, poverty and exclusion, and denied any economic, social and human rights. The trade union denounces the Government’s refusal to take measures to free slaves and integrate them into active life, such as the establishment of specific economic and social programmes and the formulation of legal instruments to protect slaves and punish offenders. The trade union organization illustrates its allegations with a number of examples in practice.

In reply to these comments, the Government indicates in its last report that it has undertaken legal reforms and developed economic, social and cultural programmes over the past 20 years which have made an important contribution to eliminating the consequences of the former stratification of society and to improving the status of previously underprivileged social groups. The Government states that ascendancy to the position of Prime Minister in July 2002 of a person whose origins are among the descendants of former slaves, shows that Mauritanian society has definitively broken with the former social stratification. This illustrates, according to the Government, the lack of credibility of the CLTM’s allegations. It also emphasizes that, in the examples that it provides, the CLTM only refers to the first names of individuals, without giving relevant information that would make it possible to carry out an investigation. The Government questions why the trade union organization has not brought these cases to the relevant jurisdictions.

During the discussion in the Conference Committee on the Application of Standards in June 2003, the Government representative stated that "The Government had never recognized the persistence of slave-like practices in the country. It was true that Mauritania had had castes, but the descendants of former slaves were no longer considered as slaves today, and the fact that a person belonged to a particular historical social category today had no consequences for their rights."

The Committee notes all of the above information. It is bound once again to assess the application of the Convention in practice in view of, on the one hand, the serious and concordant allegations made by trade union organizations of the persistence of practices of forced labour inherited from slavery and, on the other, the denial of these practices by the Government. In this respect, the Committee regrets that it was not possible to conduct the technical mission that the Government had previously accepted. It also notes that, during the discussion of the application of the Convention in the Conference Committee on the Application of Standards (June 2003), the Conference Committee expressed its deep concern at the persistence of situations which constitute grave violations of the prohibition of forced labour and that it urged the Government to accept a direct contacts mission to the country to assist the Government and the social partners with the application of the Convention. The Committee notes that in August 2003 the Office sent a communication to the Government for this purpose, to which effect has not yet been given. The Committee hopes that the direct contacts mission can be carried out as soon as possible and that it will make it possible to assess the situation in practice and will promote the application of the Convention in full.

2. Article 25 of the Convention. The Committee notes that the Labour Code prohibits forced or compulsory labour, defined as all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered her or himself voluntarily (section 3 of Book I). Further, that under section 56 of Book V of the Labour Code, persons who contravene section 3 are liable to a sentence of imprisonment and/or a fine. The Committee notes that under the terms of this provision the exaction of forced labour may be punished only by the imposition of a fine. The Committee draws the Government’s attention to the penal nature of the sanctions required by Article 25 of the Convention.

The Committee has previously drawn the Government’s attention to the fact that the Labour Code only applies to relations between employers and workers. The Government indicated in this respect that section 5 of the draft Labour Code, which was in the process of being adopted, would extend the prohibition of forced labour to any work situation, even to one not based on a contract, and that any contravention of this provision would be punishable by the sanctions set out in the regulations in force. In its last report, the Government indicates that the draft Labour Code was approved by the Government on 29 May 2003, after amendments of a purely formal nature and that it will be formally adopted as a priority following the presidential elections. The Committee notes this information. It hopes that the new Labour Code will be adopted in the very near future and once again requests the Government to indicate the sanctions that will be applicable in the event of violations of section 5 of the draft Labour Code.

Finally, in considering Article 25 of the Convention, the Committee notes with interest the adoption of Act No. 025/2003 of 17 July 2003 punishing the trafficking of persons. It notes that, under the terms of section 5, persons committing the crime of the trafficking of persons are liable to a sentence of imprisonment of from five to ten years and a fine. The Committee requests the Government to provide information, where appropriate, on the application of this legislation in practice.

3. Article 2, paragraph 2(d). The Committee noted previously that Act No. 71-059 of 25 February 1971, issuing rules to organize civil protection, limits the powers to requisition labour to specific exceptional circumstances corresponding to the definition of cases of emergency set out in Article 2, paragraph 2(d), of the Convention. However, the Ordinance of 1962, which confers very wide powers on local leaders to requisition labour, remains in force. Further to the Committee’s request to repeal the above Ordinance, the Government indicates in its last report that the delay that has occurred in repealing this text is due to the significant workload of the Government and Parliament as a result of the need to reform and even formulate new legislative texts. The Committee notes that the Government representative reiterated the Government’s intention to formally repeal this Ordinance during the discussion of the application of the Convention in the Conference in June 2003. It hopes that the Government will take all the necessary measures for this purpose.

A further matter concerns the terms of sections 1 and 2 of Act No. 70-029 of 23 January 1970, pursuant to which various categories of persons, in both the public and private sectors, may be required to discharge their functions when circumstances so require, particularly to ensure the functioning of a service considered to be indispensable to meet an essential need of the country or the population. Under the terms of section 5 of this Act, persons who have not obeyed a requisition order issued by the public authorities shall be liable to imprisonment of from one month to one year and to a fine. The Government indicates that the forms of requisition envisaged by the above Act are in accordance with the Convention and that the term "a service considered to be indispensable to meet an essential need of the country or the population" corresponds to the cases of emergency envisaged in Article 2, paragraph 2(d), of the Convention. These provisions concern public establishments, in which employees may be requisitioned, among other cases, in the event of a strike. The Committee previously requested the Government to provide a complete list of establishments considered as services that are essential for the population and which could be affected by the requisition orders envisaged in Act No. 70-029. As the Government has not provided any information in reply, the Committee trusts that it will provide the information requested in its next report.

4. Article 2, paragraph 2(c). For many years, the Committee has been drawing the Government’s attention to Decree No. 70-153 of 23 May 1970 issuing the internal rules of prison establishments, of which certain provisions would allow for the possibility of hiring prison labour to private individuals. In its report in 2001, the Government indicated its intention to amend this Decree. Noting that since then no information has been provided on this subject, the Committee hopes that the Government will take the necessary measures to bring its legislation into conformity with the Convention.

5. Finally, the Committee notes the comments of the WCL, received by the Office on 5 September 2003 and forwarded to the Government on 3 November 2003, containing observations on the application of Convention No. 29 in Mauritania. The Committee requests the Government to provide its comments on the WCL’s communication.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Pursuant to its previous observation, the Committee notes the information provided by the Government to the Committee on the Application of Standards at the International Labour Conference in 2002 and the ensuing discussions. The Committee also takes note of the report on the application of the Convention submitted by the Government in response to its previous observation.

1. In its previous observation, the Committee noted the observations of the International Confederation of Free Trade Unions (ICFTU), which were transmitted to the Government in October 2001. Those observations referred to the persistence of certain forms of slavery in Mauritania. The ICFTU alleged that in the eyes of certain persons, birth continued to impose an inferior status on descendants of slaves. Such persons of inferior status who typically work as agricultural workers, herders of livestock or domestic servants, remain completely dependent on their traditional masters to whom they give the money they earn or for whom they work directly in exchange for food and lodging. The Committee noted that, according to the ICFTU, "the central point of concern does not relate to the legal status of slavery in Mauritania, but to whether slavery and involuntary servitude (what the Government refers to as ‘the vestiges of slavery’) have been abolished in practice". 

The Committee notes that, in its statement to the Committee on the Application of Standards in 2002, the representative of the Government of Mauritania stated that the Government intended to revise its Labour Code with a view to reinforcing the prohibition of forced labour, while recalling that "the Government did not acknowledge the existence of forced labour practices in the country, even as isolated occurrences".

The Committee notes that in its latest report, the Government states that the Ordinance of 1980 was not necessary either from the point of view of law, since the Constitution of 20 May 1961 and specific laws such as Act No. 63-023 of 23 January 1963 issuing the Labour Code had abolished slavery, or in terms of practice, since slavery had already disappeared from Mauritanian society. According to the Government, present-day descendents of slaves are no longer regarded as slaves themselves, and the fact that an individual belongs to a particular social category originating in the past has no repercussions at all on his or her social rights. The Government also states that this social stratification no longer has any impact in real life, since there are no longer occupations reserved for one category of the population or inherent privileges reserved for others. The Government states that the legacy of the old social system may still linger in the form of attitudes and ways of thinking in some remoter areas, despite the measures that have been taken and the social and economic reforms that have taken place. The Government notes that such attitudes will disappear only with time, and their continued existence should not be equated with slavery as such.

The Committee notes that, as regards the case cited in the ICFTU report concerning a young man and a 13-year-old girl forced by their master to work as a shepherd and then as a camel herder before escaping and subsequently being recaptured with the help of the police, the Government states that the girl was in fact a married woman and mother of two children, and a local political leader had told the Wali of Adrar that she had been reduced to slavery, an allegation that was refuted by two inquiries ordered by the Walis of Adrar and Tagant. According to the Government, a hearing involving the parties during the first inquiry revealed that the woman had worked as an employee who had decided to end her employment.

The Committee also notes that the ILO’s technical mission, to which the Government agreed, was in the end unable to travel to the country to examine the situation of forced and child labour. The Committee hopes that this mission will be able to go to the country in the near future in order to investigate those factors which will allow the Committee to assess the situation and ensure that national law and practice comply fully with the Convention.

2. Article 25 of the Convention. In its previous observation, the Committee noted that there are no provisions in law imposing legal sanctions as required by Article 25 of the Convention. The Committee had noted in its previous reports that forced labour was prohibited by the Labour Code, but that the Code applied only to relations between employers and workers. The Committee had invited the Government to take measures to extend the prohibition of any form of forced labour to work relationships such as may result from after-effects of historical phenomena. The Committee notes that the Government refers in its latest report to section 56 of Book V of the Labour Code, which provides for a term of imprisonment and/or a fine for persons guilty of contravening section 3 in Book I of the Code prohibiting forced or compulsory labour, which is defined as all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. The Committee notes the information contained in the Government’s report, according to which section 5 of the Labour Code, which is in the process of being adopted, will effectively extend the prohibition of forced labour to any work situation, even to one not based on a contract. The Committee notes that this section of the Code also provides that anyone guilty of contravening its provisions is liable to sanctions set out under the regulations in force. The Committee notes that, according to the Government, these sanctions are provided for in the draft Labour Code, and requests the Government to give details of the sanctions applicable in cases of contravention of section 5 of the draft Labour Code. The Committee notes that the draft text in question was adopted by the National Labour Council in May 2002 and will be presented to the Government with a view to its adoption during the next session of Parliament in November-December 2002. The Committee requests the Government to communicate information on the legislative process under way and to supply a copy of the Labour Code once it has been adopted.

3. In its previous comments over many years, the Committee had requested the Government, following the adoption of Act No. 71-059 of 25 February 1971 issuing rules to organize civil protection, which limits the powers to requisition labour to specific exceptional circumstances corresponding to the definition of cases of emergency set out in Article 2(2)(d) of the Convention, to take measures to repeal the Ordinance of 1962, which confers very wide powers on local leaders to requisition labour. The Committee noted the Government’s intention, as expressed in its previous report, to formally repeal the 1962 Ordinance, and requested the Government to indicate in its next report the measures taken to that end. Since no information has been communicated by the Government on this point, the Committee repeats its request, and urges the Government to take the necessary measures without delay.

4. The Committee had noted that sections 1 and 2 of Act No. 70-029 of 23 January 1970 provided for the possibility of requisitioning labour when circumstances so required, to ensure the functioning of a service considered to be essential for the country or the population. Under section 5 of the Act, persons who have not obeyed a requisition order can be subject to a penalty of imprisonment ranging from one month to one year, as well as to a fine. In its previous report, the Government stated that it considered the types of requisitioning provided by the abovementioned law to be in conformity with the Convention and that, in particular, the terms "a service considered to be absolutely necessary to meet an essential need of the country or the population" corresponded to the cases of emergency set out in Article 2(2)(d) of the Convention. The Committee requested the Government to provide a complete list of establishments that could be considered as services that are essential for the population and which could be affected by a possible requisition order under Act No. 70-029. The Committee notes that the Government’s latest report contains no reply to its comments on this point, and urges the Government in its next report to provide the information requested.

5. In its previous comments over many years, the Committee had noted that Decree No. 70-153 of 23 May 1970 issuing the internal rules of prison establishments contained provisions providing for the possibility of hiring prison labour to private individuals, and had requested the Government to bring the legislation into conformity with the Convention. The Government has indicated in its previous report its intention to amend this Decree. Since the Government has not provided any information on this matter in its latest report, the Committee reiterates its hope that it will do everything in its power to ensure that the necessary measures are taken in the very near future.

6. The Committee takes note of the report of the ICFTU dated 9 September 2002, which was received by the Office on 10 September 2002 and transmitted to the Government on 31 October 2002, containing observations regarding the application of Convention No. 29 in Mauritania. The Committee requests the Government to communicate its comments on this report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

The Committee had noted in its previous reports that Decree No. 70-152 of 23 May 1970 respecting the organization and functioning of prison establishments, and Decree No. 70-153 of 23 May 1970 issuing the internal rules of these establishments, contained provisions providing for the possibility of hiring prison labour to private individuals and had requested the Government to bring the legislation into conformity with the Convention.

The Committee notes that Decree No. 70-152 was repealed by Decree No. 98-078 respecting the organization and functioning of prison establishments and reintegration.

In its report, the Government states that it intends to amend Decree No. 70 153. The Committee hopes that the Government will make every effort to take the necessary measures in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the Government’s report.

1. The Committee notes the observations of the International Confederation of Free Trade Unions (ICFTU) which were transmitted to the Government in October 2001. These observations refer once again to the persistence of certain forms of slavery in Mauritania. The ICFTU alleges that in the eyes of certain persons, birth continues to impose an inferior status on descendants of slavery. The ICFTU adds that these persons of inferior status typically work as agricultural workers, herders of livestock or domestic servants, but remain completely dependent on their traditional masters to whom they pass the money they earn or for whom they work directly in exchange for food and lodging.

In its observations, the ICFTU points out the difficulties encountered by people to escape from their traditional masters. It cites the example of a young man and a 13 year-old girl who were forced to work for their masters as a shepherd and camel herder respectively before escaping and being caught with the help of the police. According to the ICFTU, the victims of slavery rarely overcome their conditions of servitude due to their belief in certain traditional values which lead them to think they belong to their masters.

The Committee also notes that according to the ICFTU, "the central point of concern does not relate to the legal status of slavery in Mauritania, but to whether slavery and involuntary servitude (what the Government refers to as ‘the vestiges of slavery’) have been abolished in practice".

In its previous reports, the Committee had noted a communication from the World Confederation of Labour (WCL), of October 1997, on the application of the Convention. The WCL had alleged that the Convention was violated through the persistence of practices equivalent to slavery, despite Decree No. 81-234 of 1981 abolishing slavery. In this respect, WCL described the specific testimony of a woman indicating the names of her successive masters, the nature of her work as well as her contacts with the authorities.

The Committee notes that in its most recent report, the Government states that the phenomenon of slavery has gradually disappeared and has not been present for a long time in Mauritanian society.

The Committee had noted the WCL’s statements according to which the Government had indicated that persons continuing to denounce slavery in Mauritania were enemies of the country. The Committee had also noted the imprisonment of a leader of an opposition party who was also an anti-slavery activist. Furthermore, the Committee notes the statement of Anti-Slavery International to the Commission on Human Rights in August 1998, according to which several persons were convicted and imprisoned because they condemned the persistence of certain forms of slavery. The Committee also notes that the Government had prohibited the holding of a seminar on servitude which was planned at Kiffa in Assaba from 15 to 18 September 2001 by the Free Confederation of Mauritanian Workers (CLTM).

The Committee has been examining for a great number of years the consistent allegations made by workers’ organizations and by non-governmental organizations concerning the persistence of situations of forced labour in Mauritania. The Committee also has examined over the years the Government’s repeated indications to the effect that it is inappropriate to refer to the persistence of forced labour situations, instead there are only certain after-effects of the historical phenomenon of slavery, being isolated occurrences linked to the plight of economically weak social groups.

In examining whether there is observance of the Convention in practice, the Committee is faced with the difficulty of reconciling the contradictory assertions made by the workers’ organizations and the non-governmental organizations on the one hand and the Government on the other. Bearing in mind the seriousness of the allegations and the complexity of the situation, the Committee suggests that the Government invite the ILO to send a mission to clarify the factual situation. The Committee hopes that it will then be able to assess the situation with the benefit of a report from such a mission together with the Government’s response, at its next session in 2002.

2. Article 25 of the Convention. The Committee has noted the poverty eradication programme undertaken by the Government with a view to improving the condition of the most underprivileged groups as well as the intention to amend the Labour Code to strengthen the prohibition of forced labour.

The Committee notes however, that there are no provisions imposing legal sanctions as required by Article 25 of the Convention. In effect, neither Decree No. 81-234 of 1981, nor other statutory instruments contain provisions which provide for punishing as a penal offence the illegal exaction of forced labour.

The Committee had noted in its previous reports that forced labour was prohibited by the Labour Code, but that the Code only applied to relations between employers and workers. The Committee had invited the Government to take measures to extend the prohibition on any form of forced labour to work relationships such as may result from after-effects of historical phenomena. The Committee had suggested that measures be taken to extend the prohibition of forced labour contained in section 3 of the Labour Code to all forms of work relationships, even where they were not covered by a contract. The Committee had also stated that it would be possible to provide explicitly that, subject to the exceptions admitted by the Convention, any situation in which individuals provided work or a service for which they had not offered themselves of their own free will was illegal, could be brought before a civil court and was punishable as a penal offence, in accordance with Article 25 of the Convention.

The Committee requests the Government to provide information in its next report on the measures taken to give effect to the Convention on this point.

3. The Committee had noted the adoption of Act No. 71059 of 25 February 1971 issuing rules to organize civil protection, which limits the powers to requisition labour to specific exceptional circumstances, corresponding to the definition of cases of emergency set out in Article 2(2)(d) of the Convention. The Committee had requested the Government to take measures to repeal the Ordinance of 1962 conferring very wide powers on local leaders to requisition labour.

The Committee notes that in its last report the Government expresses its intention to repeal the Ordinance of 1962 and requests it to indicate in its next report the measures taken to this end.

4. The Committee had noted that Act No. 70-029 of 23 January 1970 provided for the possibility of requisitioning labour when circumstances so required, to ensure the functioning of a service considered to be essential for the country or the population. Under section 5 of Act No. 70-029, persons who have not obeyed a requisition order can be subject to a penalty of imprisonment ranging from one month to one year, as well as to a fine.

In its last report, the Government states that it considers that the types of requisitioning provided by the abovementioned law are in conformity with the Convention and that, in particular, the terms "a service considered to be essential to meet a need of the country or the population" correspond to the cases of emergency set out in Article 2(2)(d) of the Convention. The Government indicates that these measures concern public establishments where employees could be requisitioned in the event of a strike.

The Committee requests the Government to provide a complete list of establishments that could be considered as services that are essential for the population and which could be affected by a possible requisition order under Act No. 70-029.

[The Government is asked to report in detail in 2002.]

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

1.  The Committee noted in its previous comments that the Government envisaged reviewing Decree No. 70-152 of 23 May 1970 respecting the organization, administration and supervision of prison establishments, and Decree No. 70-153 of 23 May 1970 issuing the internal rules of these establishments. Certain provisions in these texts provide for the possibility of hiring prison labour to private individuals. The Committee also noted the Government’s statement that in practice it does not tolerate the use of prison labour by private individuals and that no case of this type has been reported. It also noted that the texts in question had not yet been amended. The Committee requests the Government to indicate in its next report the measures which it has taken to bring the legislation into conformity with practice and the requirements of the Convention on this point.

2.  Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

  Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention.  1.  The Committee noted that a communication from the World Confederation of Labour (WCL) was received in October 1997, which included an observation on the application of the Convention. According to that observation, the Convention is violated through the persistence of practices equivalent to slavery, despite the Declaration of 1980 abolishing slavery. This communication was transmitted to the Government in November 1997 for comment. The Committee again requests the Government to transmit its comments on the above communication in its next report.

2.  In this respect, further to its previous comments, the Committee recalls that it has been examining issues related to the condition of former slaves and the persistence of former slave-like relations for several years. The Committee noted that slavery had been abolished by several texts. It also noted that, according to the Government, isolated cases of its persistence in practice might still be found. In this respect, the Committee notes a transaction which occurred in December 1997 in Timzine, in the Kobony Department, in the region of Hodh el Gharby, which consisted of the cession of 40 persons to pay a debt after a death. The transaction took place in the presence of a cadi. The purchaser freed the persons who had been acquired in this manner. The Committee welcomes this act of liberation. However, it wishes to express once again its great concern at the persistence of such situations.

3.  The Committee considers that persons who are in a situation in which their relations are similar to those of a slave to a master, and who are not at liberty to decide on their own course of action, are, due to these conditions, in a situation in which they perform work for which they have not offered themselves of their own free will and which could not arise under a freely concluded contract of employment. The Committee notes that forced labour is prohibited by the Labour Code, but that the Code only applies to relations between employers and workers. The Committee requests the Government to take measures to extend the prohibition on any form of forced labour to work relationships such as may have persisted from historic times. For example, measures could be taken to extend the prohibition of forced labour contained in section 3 of the Labour Code to all forms of work relationships, even where they are not covered by a contract. It would also be possible to provide explicitly that, subject to the exceptions admitted by the Convention, any situation in which individuals provide work or a service for which they have not offered themselves of their own free will is illegal, may be brought before a civil court and is punishable as a penal offence, in accordance with Article 25 of the Convention. The Committee requests the Government to provide information in its next report on the measures envisaged to give effect to the Convention on this point.

4.  Following the adoption of Act No. 71059 of 25 February 1971 issuing rules to organize civil protection, which limits the powers to requisition labour to specific exceptional circumstances, corresponding to the definition of cases of emergency set out in Article 2(d) of the Convention, the Committee requested the Government to take measures to repeal the Ordinance of 1962 (which confers very wide powers on local leaders to requisition labour). The Committee noted in a recent comment the Government’s statement that the above text had not yet been amended. The Committee concludes that the Ordinance is still in force: for reasons of legal security and in order to ensure the observance of the Convention, it requests the Government to take steps to explicitly repeal the above text in the near future and to provide information in its next report on the measures adopted in this respect.

5.  The Committee noted that Act No. 70-029 of 23 January 1970 provides for the possibility of requisitioning labour outside the cases of emergency admitted by the Convention. Under sections 1 and 2 of the above Act, various categories of individuals may be required to exercise their functions when circumstances so require, particularly to ensure the functioning of a service that is considered to be essential to meet a need of the country or the population. The Committee requests the Government to take measures to limit recourse to the powers of requisitioning set out in the Act to cases of emergency, as defined in Article 2, paragraph 2(d), of the Convention. The Committee requests the Government to indicate the measures which have been taken to amend this Act in order to bring the legislation fully into conformity with the Convention on this point.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous comments: 1. The Committee noted in its previous comments that the Government envisaged reviewing Decree No. 70-152 of 23 May 1970 respecting the organization, administration and supervision of prison establishments, and Decree No. 70-153 of 23 May 1970 issuing the internal rules of these establishments. Certain provisions in these texts provide for the possibility of hiring prison labour to private individuals. The Committee also noted the Government's statement that in practice it does not tolerate the use of prison labour by private individuals and that no case of this type has been reported. It also noted that the texts in question had not yet been amended. The Committee requests the Government to indicate in its next report the measures which it has taken to bring the legislation into conformity with practice and the requirements of the Convention on this point. 2. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that t is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. 1. The Committee noted that a communication from the World Confederation of Labour (WCL) was received in October 1997, which included an observation on the application of the Convention. According to that observation, the Convention is violated through the persistence of practices equivalent to slavery, despite the Declaration of 1980 abolishing slavery. This communication was transmitted to the Government in November 1997 for comment. The Committee again requests the Government to transmit its comments on the above communication in its next report. 2. In this respect, further to its previous comments, the Committee recalls that it has been examining issues related to the condition of former slaves and the persistence of former slave-like relations for several years. The Committee noted that slavery had been abolished by several texts. It also noted that, according to the Government, isolated cases of its persistence in practice might still be found. In this respect, the Committee notes a transaction which occurred in December 1997 in Timzine, in the Kobony Department, in the region of Hodh el Gharby, which consisted of the cession of 40 persons to pay a debt after a death. The transaction took place in the presence of a cadi. The purchaser freed the persons who had been acquired in this manner. The Committee welcomes this act of liberation. However, it wishes to express once again its great concern at the persistence of such situations. 3. The Committee considers that persons who are in a situation in which their relations are similar to those of a slave to a master, and who are not at liberty to decide on their own course of action, are, due to these conditions, in a situation in which they perform work for which they have not offered themselves of their own free will and which could not arise under a freely concluded contract of employment. The Committee notes that forced labour is prohibited by the Labour Code, but that the Code only applies to relations between employers and workers. The Committee requests the Government to take measures to extend the prohibition on any form of forced labour to work relationships such as may have persisted from historic times. For example, measures could be taken to extend the prohibition of forced labour contained in section 3 of the Labour Code to all forms of work relationships, even where they are not covered by a contract. It would also be possible to provide explicitly that, subject to the exceptions admitted by the Convention, any situation in which individuals provide work or a service for which they have not offered themselves of their own free will is illegal, may be brought before a civil court and is punishable as a penal offence, in accordance with Article 25 of the Convention. The Committee requests the Government to provide information in its next report on the measures envisaged to give effect to the Convention on this point. 4. Following the adoption of Act No. 71059 of 25 February 1971 issuing rules to organize civil protection, which limits the powers to requisition labour to specific exceptional circumstances, corresponding to the definition of cases of emergency set out in Article 2(d) of the Convention, the Committee requested the Government to take measures to repeal the Ordinance of 1962 (which confers very wide powers on local leaders to requisition labour). The Committee noted in a recent comment the Government's statement that the above text had not yet been amended. The Committee concludes that the Ordinance is still in force: for reasons of legal security and in order to ensure the observance of the Convention, it requests the Government to take steps to explicitly repeal the above text in the near future and to provide information in its next report on the measures adopted in this respect. 5. The Committee noted that Act No. 70-029 of 23 January 1970 provides for the possibility of requisitioning labour outside the cases of emergency admitted by the Convention. Under sections 1 and 2 of the above Act, various categories of individuals may be required to exercise their functions when circumstances so require, particularly to ensure the functioning of a service that is considered to be essential to meet a need of the country or the population. The Committee requests the Government to take measures to limit recourse to the powers of requisitioning set out in the Act to cases of emergency, as defined in Article 2, paragraph 2(d), of the Convention. The Committee requests the Government to indicate the measures which have been taken to amend this Act in order to bring the legislation fully into conformity with the Convention on this point.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee noted in its previous comments that the Government envisaged reviewing Decree No. 70-152 of 23 May 1970 respecting the organization, administration and supervision of prison establishments, and Decree No. 70-153 of 23 May 1970 issuing the internal rules of these establishments. Certain provisions in these texts provide for the possibility of hiring prison labour to private individuals. The Committee also noted the Government's statement that in practice it does not tolerate the use of prison labour by private individuals and that no case of this type has been reported. It also noted that the texts in question had not yet been amended. The Committee requests the Government to indicate in its next report the measures which it has taken to bring the legislation into conformity with practice and the requirements of the Convention on this point.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received.

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. 1. The Committee noted that a communication from the World Confederation of Labour (WCL) was received in October 1997, which included an observation on the application of the Convention. According to that observation, the Convention is violated through the persistence of practices equivalent to slavery, despite the Declaration of 1980 abolishing slavery. This communication was transmitted to the Government in November 1997 for comment. The Committee again requests the Government to transmit its comments on the above communication in its next report.

2. In this respect, further to its previous comments, the Committee recalls that it has been examining issues related to the condition of former slaves and the persistence of former slave-like relations for several years. The Committee noted that slavery had been abolished by several texts. It also noted that, according to the Government, isolated cases of its persistence in practice might still be found. In this respect, the Committee notes a transaction which occurred in December 1997 in Timzine, in the Kobony Department, in the region of Hodh el Gharby, which consisted of the cession of 40 persons to pay a debt after a death. The transaction took place in the presence of a cadi. The purchaser freed the persons who had been acquired in this manner. The Committee welcomes this act of liberation. However, it wishes to express once again its great concern at the persistence of such situations.

3. The Committee considers that persons who are in a situation in which their relations are similar to those of a slave to a master, and who are not at liberty to decide on their own course of action, are, due to these conditions, in a situation in which they perform work for which they have not offered themselves of their own free will and which could not arise under a freely concluded contract of employment. The Committee notes that forced labour is prohibited by the Labour Code, but that the Code only applies to relations between employers and workers. The Committee requests the Government to take measures to extend the prohibition on any form of forced labour to work relationships such as may have persisted from historic times. For example, measures could be taken to extend the prohibition of forced labour contained in section 3 of the Labour Code to all forms of work relationships, even where they are not covered by a contract. It would also be possible to provide explicitly that, subject to the exceptions admitted by the Convention, any situation in which individuals provide work or a service for which they have not offered themselves of their own free will is illegal, may be brought before a civil court and is punishable as a penal offence, in accordance with Article 25 of the Convention. The Committee requests the Government to provide information in its next report on the measures envisaged to give effect to the Convention on this point.

4. Following the adoption of Act No. 71059 of 25 February 1971 issuing rules to organize civil protection, which limits the powers to requisition labour to specific exceptional circumstances, corresponding to the definition of cases of emergency set out in Article 2(d) of the Convention, the Committee requested the Government to take measures to repeal the Ordinance of 1962 (which confers very wide powers on local leaders to requisition labour). The Committee noted in a recent comment the Government's statement that the above text had not yet been amended. The Committee concludes that the Ordinance is still in force: for reasons of legal security and in order to ensure the observance of the Convention, it requests the Government to take steps to explicitly repeal the above text in the near future and to provide information in its next report on the measures adopted in this respect.

5. The Committee noted that Act No. 70-029 of 23 January 1970 provides for the possibility of requisitioning labour outside the cases of emergency admitted by the Convention. Under sections 1 and 2 of the above Act, various categories of individuals may be required to exercise their functions when circumstances so require, particularly to ensure the functioning of a service that is considered to be essential to meet a need of the country or the population. The Committee requests the Government to take measures to limit recourse to the powers of requisitioning set out in the Act to cases of emergency, as defined in Article 2, paragraph 2(d), of the Convention. The Committee requests the Government to indicate the measures which have been taken to amend this Act in order to bring the legislation fully into conformity with the Convention on this point.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Recognition of property rights. The Committee recalls that in its previous comments it has referred to Decree No. 84-009 of 1984 issued under Ordinance No. 83-127 of 5 June 1983 to reorganize public and private property. It requested the Government to indicate whether measures had been taken under this legislation to encourage the granting of land to freed slaves and to develop it, as well as information on any other measures which may have been taken to supply freed slaves with the necessary resources to prevent them falling back into slavery. The Government has replied very generally that the measures taken are of a kind to encourage the beneficiaries to insert themselves more easily into society. The Committee again requests the Government to indicate whether any measures have been taken, under this legislation or otherwise, to facilitate reinsertion.

2. Food for work. The Committee also referred previously to this programme, which was coming to an end, and asked for information on any programmes which might be envisaged to replace it in view of the potential for mobilization of the rural population in conditions which might have an effect on the application of the Convention. The Government's most recent report indicated that it had not yet been replaced by any structured programme. Please indicate whether it now has been replaced, and provide any texts by which such programmes have been established, as well as an indication of how they work in practice.

3. Prison labour. The Committee has previously noted Decree No. 70-152 of 23 May 1970 respecting the organization, administration and supervision of prison establishments, and Decree No. 70-153 of the same date issuing the internal rules of prison establishments. The Government had stated that it planned to revise these texts, in view of the fact that Decree No. 70-153 provides in Chapter II, section 2, for the possibility of hiring out prison labour to private individuals, which is contrary to Article 2, paragraph 2(c) of the Convention. The Government has indicated in its most recent report that these texts have not yet been amended, and has reiterated its previous statement that it would not tolerate putting prisoners at the disposal of private individuals.

4. The Committee refers the Government to the comments on prison labour in the general part of its report. It again requests the Government to amend this legislation, and asks it to provide practical information on the kinds of work performed by prisoners and the conditions under which it is performed.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Abolition of slavery.The Committee recalls that for some years it has been examining the situation in Mauritania as concerns allegations of slavery, and the condition of former slaves. Slavery has been declared illegal in the country, most recently by the Declaration of 5 July 1980. The Committee recalls that a direct contacts mission to the country in 1992 found that slavery had not yet been completely eradicated; and the Committee continues to receive reports from trade union organizations to the same effect.

2. The Government states in its most recent report that slavery is a practice which disappeared a long time ago. Certain kinds of behaviour or states of mind may persist and they are being combated, though only time can have a positive and definitive effect. The Government has cited its efforts in relation to literacy, land rights and awareness raising, and indicates that no courts have imposed penalties for the exaction of forced labour as neither they nor the national authorities have received any complaints to this effect. Noting that the Government indicates that the Labour Inspectorate is responsible for the implementation of the Convention's requirements, the Government is asked to indicate whether any particular attention has been given by this inspectorate to the situation of former slaves, what the inspectorate's findings may have been, and what corrective measures may have been taken.

3. The Committee recalls in this connection that it has previously pointed out that the Declaration of 5 July 1980 does not contain provisions imposing penal sanctions for the illegal exaction of forced labour, as required by Article 25 of the Convention. The Committee has also referred to Circular No. 003 of 9 January 1981, and Circular No. 108 of 8 May 1983, prohibiting judges from taking decisions incompatible with the law, and in particular with the prohibitions of slavery. The Committee requests the Government to indicate what court decisions have been made recently in this connection. It refers in particular to recent cases concerning custody of children in which a magistrate had ruled that a man alleged by the mother to be their former master, was actually their father; and other cases concerning the question of whether the former master or the descendants of former slaves have the right to inherit their property.

4. Please also indicate in the next report what measures may have been taken for the rehabilitation of former slaves and their return to a more normal existence, in the light of reports that many former slaves continue to live with and work for their former masters.

5. The Committee notes that, in a communication dated 23 October 1997, observations on the application of the Convention were made by the World Confederation of Labour, which were sent to the Government on 17 November 1997 for any comments it might wish to make. These observations indicate, inter alia, that many Mauritanians continue to complain of slavery, and that a public debate has opened on the subject for the first time in many years. The Committee looks forward to receiving the Government's comments, and in particular to further information on the debate said to be taking place.

6. Requisitioning of labour.In the comments it has been making for some years, the Committee has noted that Ordinance No. 62-101 of 26 April 1962 and Act No. 70-029 of 23 January 1970 confer very wide powers on the authorities to requisition labour outside the cases of emergency admitted by Article 2, paragraph 2(d), of the Convention. The Government has stated in earlier reports that it considered it necessary to amend this legislation and to repeal provisions which are not in conformity with the Convention. The Government has stated in its most recent report that these texts have not yet been amended, and states that it will inform the Committee when this has been done. The Committee urges the Government to take the necessary measures in the very near future.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its supplementary report, dated 20 January 1994.

1. With reference to its previous comments, the Committee notes the provisions of Decree No. 84-009 of 19 January 1984 issued under Ordinance No. 83-127 of 5 June 1983 to reorganize public and private property, the text of which was supplied by the Government. The Committee notes, with regard to the individualization of the ownership of property, that the registration of agricultural land in the name of chiefs and public figures, registered in their capacity as such, is for the benefit of all the members of the community in question who have participated in the initial development and continued working of the land (section 7); all those persons are deemed to have participated who, by their work or assistance, contributed to the development and working of the land (section 8). Sharing shall be carried out in an individual capacity without any discrimination and in an equitable manner. The interests of dependants and persons who might have benefited under section 8 shall be safeguarded in accordance with the Sharia (section 17).

The Committee notes that in the case of rural property formalities include the payment of costs and dues for the purchase of temporary title to the property; for the purchase of the definitive ownership of the property, these include the payment of the purchase price and the related costs, including marking out the land, registration costs, the change in the registration of ownership and stamp duty (sections 31 and 35). Definitive ownership is granted subject to a clause making it compulsory to develop the property within a specific period of time.

The Committee notes that it has been alleged that the reform of the ownership of property has not had the intended effects, that former masters are not aware of it or do not respect it and that the courts frequently decide in their favour.

The Committee requests the Government to supply information on the measures which have been taken or are envisaged to encourage the grant of land to freed slaves and its development, as well as, more generally, information on the measures which have been taken or are envisaged to supply freed slaves with the necessary resources to prevent them from falling back into slavery.

2. The Committee referred previously to the "Food for work" (FFW) programme. It noted the Government's statement that the purpose of this operation is to encourage citizens to work. The agency responsible for recruitment is the CSA and the persons concerned are remunerated in the form of products of primary necessity. There are tens of thousands of beneficiaries of the programme. The Committee requested the Government to supply a copy of the texts establishing and regulating the FFW structure.

In its previous comments, the Committee noted the lists of projects and the beneficiaries of food supplied by the Government. It also noted the Government's statement to the National Assembly in November 1992 that programmes to support the development of communities through the provision of food for work have made a considerable contribution in terms of employment and combating property. 157 projects have been carried out in sectors such as the construction of dams, dykes and rural roads, market gardening, the planting of trees and stabilization of dunes, the sinking of wells, the construction of basic community infrastructures and work to improve the urban environment. The Government stated that food for work programmes would be intensified with a view to the promotion of employment, the improvement of community infrastructures and basic development, as well as for the protection of the environment.

In view of the scope and importance of these programmes in the national economy and their planned intensification in the future, the Committee expressed the hope that the Government would supply the texts establishing them and regulating their structure, as it requested previously, as well as detailed information on their implementation, including specific project documents.

The Committee notes the Government's statement in its last report that, in view of the harm caused by the economic crisis, compounded by rampant desertification and drought and a massive rural exodus, which has rendered insufficient the urban structures for newcomers in the large cities, the Government has endeavoured to launch a number of development projects in several regions with the aim of combatting unemployment, protecting the environment and containing the rural exodus. The FFW operation is one of these projects and is intended to reduce the negative impact of the free distribution of food on the mentality of the population and to ensure that communities participate in the development of the country.

Initially entitled the "food for work unit", the structure was established within the CSA to design and implement the new policy. The structure was established within the context of the assistance provided by the CSA to underprivileged populations. The Government adds that the project is nearing its end in the form of the FFW programme.

With reference to the above statement made by the Government to the National Assembly, the Committee requests the Government to supply detailed information on the new measures which have been adopted or are envisaged to replace the FFW project, including the texts establishing them and the relevant documents, particularly on any specific project.

3. The Committee once again requests the Government to supply information on the development activities and assistance to the population in which, according to the Government's statement to the National Assembly, the armed forces will be engaged.

4. In its previous comments, the Committee noted the provisions of Decree No. 70-152 of 23 May 1970 respecting the organization, administration and supervision of prison establishments, and Decree No. 70-153 of the same date issuing the internal rules of prison establishments, of which the Government supplied copies in 1986. The Government stated that it planned to revise these texts, in view of the fact that Decree No. 70-153 provides in chapter II, section 2, for the possibility of hiring out prison labour to private individuals, which is contrary to the provisions of Article 2, paragraph 2(c), of the Convention. The Government added that in practice prison labour had never been hired out or made available to private individuals.

The Committee notes the Government's statement that the texts to amend the above provisions have not yet been adopted. It notes that the Government repeats its previous statement that in practice prison labour has never been made available to private individuals. The Committee hopes that the Government will soon report that measures have been adopted to bring the law into conformity with the Convention and the reported practice.

5. With reference to section 68 of Act No. 93-09 issuing the general conditions of service of public officials and employees of the State, the Committee requests the Government to indicate the criteria guiding the decision of the competent authority to accept or refuse an application to resign and the channels of appeal available in the event of its refusal.

6. In its previous comments, the Committee noted that, by virtue of section 41 of Decree No. 80-286 governing the application of Ordinance No. 80-174 of 22 July 1980 respecting the organization and conditions of service of the National Guard, an application to resign by rank-and-file members of the National Guard may be refused in the interests of the service, postponed when circumstances so require and accepted when the grounds for the resignation are met.

The Committee requests the Government to supply information on the nature of the "grounds" in question and the criteria guiding the decision to accept or refuse an application to resign.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report.

1. Abolition of slavery. In its previous comments, the Committee referred to the situation in law and in practice with the regard to the abolition of slavery in the country. The Committee referred to the following provisions to abolish slavery or prohibit forced labour:

- a certain number of provisions adopted before independence, namely: the Decree of 1905 to abolish slavery; Act No. 46-645 of 11 April 1946 respecting the abolition of forced labour in the overseas territories; Act No. 52-1322 of 15 December 1952 to issue a Labour Code in the overseas territories;

- the Labour Code of 1963, of which section 3 prohibits forced or compulsory labour under penalty of the penal sanctions set out in section 56(a);

- the Declaration of 5 July 1980 proclaiming the abolition of slavery and Ordinance No. 81-234 of 9 November 1981 to abolish slavery. The Committee pointed out that the Ordinance does not contain provisions imposing penal sanctions for the illegal exaction of forced labour;

- Circular No. 003 of 9 January 1981, inviting judges (al-koudath) to respect the Declaration of 1980 and remain in conformity with international and national law; this Circular refers to the "need to emphasize to the judicial authorities that they must forever put aside any considerations of the 'masters to slaves' type, or vice versa, with regard to procedures" and states that "the practice of slavery is illegal and must therefore be brought to an end under all its forms";

- Circular No. 108 of 8 May 1983, which once again prohibits judges from taking decisions that are incompatible with the law and requests . . . governors to give notification of all breaches and irregularities coming to their knowledge;

- section 13 of the Constitution of 1991, which prohibits any form of moral or physical violence.

In its previous comments, the Committee also noted certain information gathered by the ILO's direct contacts mission, which visited the country in 1992, from which it appears that slavery has not been eradicated. It also noted information that there had been no strengthening of inspection (particularly with regard to freed slaves who have remained with their masters) and that no specific body has been established to coordinate the struggle against slavery.

The Committee noted that the Government had not provided information over the past years on any action taken against persons guilty of exacting forced labour or slavery.

The Committee requested the Government to supply information on any legal actions which had been taken and any penalties imposed for the exaction of forced labour and on any other measures which had been taken or were envisaged to ensure the effective application of the legislation.

With regard to rehabilitation measures, the Committee recalled in previous comments that the Conference Committee had expressed concern at the situation of freed slaves and the measures which were necessary to prevent them from falling once again into slavery as a result of the lack of means of subsistence. In its previous comments, the Committee noted the Government's statement that it had implemented a real policy for the integration of the descendants of former slaves. The Government referred in this respect to measures to combat illiteracy and promote school attendance, access to land and integration into the political hierarchy and administration of the State. Noting the general nature of these measures, the Committee hoped that the Government would supply detailed information on the programmes and measures which were envisaged or had been implemented specifically in favour of former slaves.

The Committee notes the Government's statement in its latest report that no cases of the violation of legal texts relating to the abolition of slavery have been brought before the judicial authorities. The Committee also notes the Government's statement that, by making available to the Committee and the direct contacts mission all the texts and measures which have been taken over past years to achieve the definitive eradication of the sequelae of slavery, the Government has shown the considerable effort undertaken in this respect in the social and cultural fields (measures to combat illiteracy among adults), in the economy (equal access to property, equality in employment and vocational training) and in politics (the promotion of the persons concerned to all levels of the political hierarchy and the administration of the State). This action, supported by information and awareness campaigns, has not only resulted in general awareness of the problem, but also in the integration of the descendants of former slaves in the various sectors of national life.

The Committee notes the discussions of the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities at its 18th Session in 1993. The Committee notes that the report of the Working Group (document E/CN.4/SUB.2/1993/30) refers to information supplied by Anti-Slavery International (ASI) based on surveys undertaken in 1992 in the country, which show that slavery and institutions and practices which are analogous to slavery, such as certain forms of serfdom, still exist throughout the country. It is alleged that Ordinance No. 81-234 has not been put into effect through concrete action such as a real information campaign and the indispensable reform of the judicial system; that many cases illustrate the continuation of the phenomenon, including cases of the kidnapping and sale of children and their exploitation; and that everyday judicial practice in the courts negates any statement that there no longer exist problems in respect of slavery since its abolition in 1981, as illustrated by certain trials concerning questions of inheritance.

The Committee hopes that the Government will create the conditions which are necessary for the real abolition of slavery and forced labour. With reference to Article 25 of the Convention, the Committee requests the Government to supply information on any legal action which has been undertaken and any sanctions which have been imposed for the exaction of forced labour. It also requests the Government to supply full and detailed information on the programmes and all the measures which have been taken or are envisaged in favour of freed slaves - some of whom are reported to be living in a situation of extreme poverty - with a view to promoting their integration and preventing them from falling back into slavery.

2. Requisitioning of labour. The Committee has noted in the comments which it has been making for many years that Ordinance No. 62-101 of 26 April 1962 and Act No. 70-029 of 23 January 1970 confer very wide powers on the authorities to requisition persons outside the cases of emergency admitted by Article 2, paragraph 2(d), of the Convention. The Committee noted in its previous comments the Government's statement that a committee which met in December 1991 examined the text in question and considered it necessary to repeal the provisions which are not in conformity with the Convention. It also noted that the Government restated its intention to the direct contacts mission to amend the legislation in question.

The Committee notes that in its latest report the Government reiterates its position that it recognizes the need to repeal any provision which is not in conformity with the Convention, but nevertheless considers that the text in question only provides for the requisitioning of labour in exceptional situations, in accordance with the spirit of Article 2 of the Convention.

The Committee is bound to recall that Ordinance No. 62-101 of 26 April 1962 gives district officers the power to requisition persons with a view to meeting needs arising out of "circumstances". It also recalls that Act No. 70-029 of 23 January 1970 permits the requisitioning of labour by public and private agents under penalty of penal sanctions in order to fulfil their duties when "circumstances" so require, and particularly, where the case rises, to ensure the functioning of a service considered to be indispensable to satisfy an essential need of the country or the population. The Committee noted in this respect that this latter example illustrates the circumstances which the measures are intended to cover, but does not limit the general nature of the powers which may be exercised when "circumstances" so require.

The Committee therefore hopes that the Government will take the necessary measures to amend or repeal the text in question so as to limit the power to requisition labour to cases of emergency, as defined in Article 2, paragraph 2(d), and that it will supply information on the provisions adopted.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its observation on the Convention, the Committee requests the Government to supply information on the following points.

1. The Committee requested the Government previously to indicate whether former slaves are among the beneficiaries of land allocation as a result of the adoption of Ordinance No. 83-127 of 5 June 1983 to reorganize public and private property, and it requested the Government to supply the text of implementing Decree No. 84-009 of 19 January 1984.

The Committee hopes that the Government will supply the text of the implementing Decree in question.

2. The Committee referred previously to the "Food for Work" (FFW) programme. It noted the Government's indications that the purpose of this operation is to encourage citizens to work. The agency responsible for recruitment is the CSA and the persons concerned are remunerated in the form of products of primary necessity. There are tens of thousands of beneficiaries. The Committee requested the Government to supply a copy of the texts establishing and regulating the structure of the FFW.

The Committee notes the lists of projects and the beneficiaries of products of primary necessity supplied by the Government.

The Committee also notes the Government's statement to the National Assembly in November 1992 to the effect that programmes to support the development of communities, through the provision of products of primary necessity in return for work, have made a considerable contribution in terms of employment and combating poverty; 157 projects have been carried out in sectors such as the construction of dams, dikes and rural roads, market gardening, the planting of trees and stabilization of dunes, the sinking of wells, the construction of basic community infrastructures and work to improve the urban environment.

Food for work programmes will be intensified with a view to the promotion to employment, the improvement of community infrastructures and basic development, as well as for the protection of the environment.

In view of the the scope and importance of these programmes in the national economy and their planned intensification in the future, the Committee hopes that the Government will supply the texts establishing them and regulating their structure, as it requested previously, as well as detailed information on their implementation, including specific project documents.

3. The Committee noted previously the provisions of Decree No. 70-152 of 23 May 1970 respecting the organization, administration and supervision of prison establishments, and Decree No. 70-153 of the same date issuing the internal rules of prison establishments, of which the Government supplied copies in 1986. The Government stated that it planned to amend these texts in view of the fact that Decree No. 70-153 provides in Chapter II, section 2, for the possibility of hiring out prison labour to private individuals, which is contrary to the provisions of Article 2, paragraph 2(c) of the Convention. The Government added that, in practice, prison labour had never been hired out or made available to private individuals.

The Committee notes that the Government's report does not contain information in this respect and hopes that the Government will soon report the provisions which have been adopted.

4. In its previous direct request, the Committee referred to Decree No. 80-286 of 31 October 1980 governing the application of Ordinance No. 80-174 of 22 July 1980 on the organization and conditions of service of the National Guard, and it requested the Government to indicate the criteria directing the choice of the administrative authorities in the acceptance or rejection of resignation requests and on the appeal procedures available against decisions to reject resignation requests, and to provide a copy of the conditions of service applicable to military personnel in the army and of the provisions incorporating the National Guard into the army. The Committee notes the Government's indications that the texts in question will be transmitted shortly. The Committee once again hopes that the Government will supply the texts and information that have been requested.

5. The Committee would be grateful if the Government would supply the text of the draft legislation to reform the conditions of service of state employees. It also requests it to supply information on the development activities and assistance to the population in which, according to the Government's statement to the National Assembly, the armed forces will be engaged.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in reports received in February and August 1992. The Committee also notes the report of the direct contacts mission which, at the request of the Government, visited Mauritania in April-May 1992 and the discussions which took place in the Conference Committee following this mission.

Slavery

In its previous comments, the Committee referred to the situation in law and in practice with regard to the abolition of slavery in the country.

Legislation and the effective application of the law. 1. In its previous comments, the Committee referred to the following provisions to abolish slavery or prohibit forced labour:

- a number of provisions adopted before independence, namely: the Decree of 1905 to abolish slavery, Act No. 46-645 of 11 April 1946 respecting the abolition of forced labour in the overseas territories, Act No. 52-1322 of 15 December 1952 to issue a Labour Code in the overseas territories;

- the Labour Code of 1963, of which section 3 prohibits forced or compulsory labour under penalty of the penal sanctions set out in section 56(a);

- the Declaration of 5 July 1980 proclaiming the abolition of slavery and Ordinance No. 81-234 of 9 November 1981 to abolish slavery. The Committee pointed out that the Ordinance does not contain provisions imposing penal sanctions for the illegal exaction of forced labour;

- the Committee also noted the information supplied to the United Nations according to which Circular No. 003 of 9 January 1981 invited judges and cadis (al-koudath) to respect the decision of 1980 and to remain in conformity with international and national law, and Circular No. 108 of 8 May 1983, which once again prohibited judges from taking decisions that are incompatible with the law and requested governors to give notification of all breaches and irregularities coming to their knowledge.

The Government stated previously that the practice of forced labour no longer exists in the country and that Ordinance No. 81-234 to abolish slavery has no scope since it enshrines, according to the Government, a situation which already exists in practice, while social and institutional development prevents the existence in law and in practice of forced labour.

The Committee noted that the various texts adopted before independence had prohibited slavery and forced labour, without preventing their occurrence in practice. Similarly, despite the provisions of the Labour Code adopted in 1963, the practice of slavery had nevertheless continued since the Government had considered it necessary to adopt new texts, namely the Declaration and the Ordinance to abolish slavery, in 1980 and 1981.

The Committee notes the information supplied by the Government to the Conference Committee and contained in its reports of February and August 1992 to the effect that slavery was abolished prior to the country gaining its sovereignty and that the abolition is confirmed by all the legal provisions of the country, and particularly by the Labour Code and the new Constitution of 20 July 1991, which in article 13 prohibits any form of moral or physical violence. The Government adds that Ordinance No. 81-234 of 1981 was aimed much more at eradicating the consequences of slavery than at its abolition.

The Committee notes that the Circular referred to above, No. 003 of 9 January 1981, of which the Government supplied a copy, refers to the need to emphasize to the judicial authorities that they must for ever put aside any considerations of the "masters to slaves" type, or vice-versa, with regard to procedures, and states that "the practice of slavery is illegal and must therefore be brought to an end under all its forms".

The Committee notes that the Government has not provided information over the past years on any action taken against persons guilty of forced labour practices or slavery and that, in its last report, the Government states that there have not been any judicial rulings handed down by the courts.

The Committee notes that certain information was gathered by the direct contacts mission from which it appears that slavery has not been eradicated and would still appear to be at a certain level.

The Committee also recalls that it noted previously that the report of the Working Group on Contemporary Forms of Slavery of the United Nations Subcommission on the Prevention of Discrimination and the Protection of Minorities, at its 15th Session (document E/CN.4/SUB.2/1990/44), referred to information that there has been no strengthening of inspection (particularly with regard to freed slaves who have remained with their masters), and that no specific body has been entrusted with coordinating the struggle against slavery. The Committee notes in this respect that the Government stated to the direct contacts mission that it was not in favour of the establishment of such a body, and preferred to take the appropriate measures in a general context.

The Committee recalls that by virtue of Article 25 of the Convention, not only shall the illegal exaction of forced or compulsory labour be punishable as a penal offence, but it shall be an obligation on any Member ratifying the Convention to ensure that the penalties imposed by law are really adequate and strictly enforced.

The Committee is bound to request the Government once again to supply information on any legal actions which have been taken and any penalties imposed for the exaction of forced labour and on any other measures which have been taken or are envisaged to ensure the effective application of the legislation, such as, for example, action to inform and train the judiciary or information campaigns for the populations concerned and for the public at large through the various media.

Rehabilitation measures. 2. The Committee recalls that the Conference Committee previously expressed concern at the situation of freed slaves in order to prevent them from returning or falling once again into slavery as a result of a lack of means of subsistence. It notes the measures adopted by the Government to eliminate what it considers to be the "consequences of an anachronistic practice". The Government states that it has endeavoured for some years to establish a real policy for the integration of the descendants of former slaves in the various sectors of national life, particularly in the field of education through the opening of modern and traditional schools in regions in which the incidence of this social category is high. This action includes the establishment of a ministerial department for the literacy of adults with the aim of combating the illiteracy which is particularly prevalent among this category. It has also established a policy of access to land through the distribution of lots for housing which is mainly intended for this community. The Government refers in this respect to Ordinance No. 83-127 of 9 June 1983 to reorganize land rights and estates and indicates that it forbids any system of share-cropping or servitude and guarantees access to property. The Government adds that it has applied a deliberate policy of promoting the representatives of this social category at all the levels of the political hierarcy and administration of the State, thereby guaranteeing their effective participation in the decision-making process.

The Committee notes the annual report of the activities of the Government during 1992 and the guidelines for the Government's programme for 1993, presented to the National Assembly in November 1992, which refer in particular to measures and programmes in the fields of health, education and housing. The Committee would have hoped that the Government would at this occasion have shown its will to put into effect the "real policy of the integration of the descendants of former slaves in the various sectors of national life" which it described in its report of August 1992 and that it would have indicated the measures used to this effect.

The Committee therefore hopes that the Government will supply detailed information on the programmes and measures which are envisaged or have been implemented specifically in favour of former slaves.

3. With reference to the provisions of Ordinance No. 81-234 of 9 November 1981, which provides that the abolition of slavery gives rise to compensation for those entitled to it, the rules of which would be determined by decree, and with reference to the discussions which took place in the Conference Committee in this respect, the Committee requested the Government to indicate whether these provisions had either been repealed or implemented. The Committee notes the information supplied by the Government to the direct contacts mission to the effect that it does not intend to implement this Ordinance both for reasons of principle and because of a lack of material resources. However, it does not have the intention of repealing it in the near future.

4. The Committee is once again addressing a request directly to the Government concerning the effect given in practice to Ordinance No. 83-127 of 5 June 1983, referred to above, and on other points.

Requisitioning of labour

The Committee has noted in the comments that it has been making for many years that Ordinance No. 62-101 of 26 April 1962 and Act No. 70-029 of 23 January 1970 confer very wide powers on the authorities to requisition persons outside the cases of emergency admitted by Article 2, paragraph 2(d), of the Convention. The Committee noted that the Government stated previously that it recognized the need to repeal the provisions which were not in conformity with the Convention.

The Committee notes the Government's statement in its report of February 1992 that a committee composed of managerial-level staff of the Ministry of Labour and the Ministry of the Interior, which met in December 1991, examined the above two Ordinances and considered it necessary to repeal the provisions which are not in conformity with the Convention. The Committee also notes that the Government restated its intention to the direct contacts missions to amend the legislation in question in order to bring it into conformity with the Convention. The Committee requests the Government to supply information on the provisions adopted in this respect.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its report for the period ending 30 June 1989, which reached the ILO in May 1990.

1. In its previous comments, the Committee referred to Ordinance No. 83-127 of 5 June 1983 to reorganise public and private property and noted, in particular, that by virtue of section 6, legitimately acquired collective rights devolve on all persons who have either participated in the initial improvements, or contributed to the upkeep and use of the property. The Committee asked the Government to provide information on the practical application of the provisions of the Ordinance, particularly section 6, and to provide the text of implementing Decree No. 84-009 of 19 January 1984.

The Committee notes the Government's indications in its report to the effect that the application of Ordinance No. 83-127 poses no problems and, in practical terms, amounts to placing lands along the river at the disposal of the citizens. The Committee asks the Government to provide detailed information, including statistics, on the status of the citizens who have been allotted such lands and to indicate, in particular, whether there are any former slaves among them. The Committee also notes the Government's statement that the text of implementing Decree No. 84-009 will be communicated shortly, and hopes that it will be able to examine this text in the near future.

The Committee again asks the Government to provide information on any measures adopted to step up action to abolish slavery.

2. The Committee noted from the Government's reply to the United Nations Human Rights Commission (document E/CN.4/Sub.2/1987/27 of the Subcommission on the Prevention of Discrimination and the Protection of Minorities), that the Government has established several structures intended to integrate former slaves into the various sectors of social and economic life. The Committee noted, in particular, the "Food for Work" (FFW) programme which, according to the paper, is already in action in several regions of the country and under which, in 1987, depots were opened in the capital for the benefit of approximately 10,000 persons, and asked the Government to provide detailed information on this structure.

The Committee notes the information supplied by the Government in its report to the effect that the purpose of this operation is to encourage citizens to work. The agency responsible for recruitment is the CSA and the persons concerned are remunerated in the form of a daily quantity of products of primary necessity; there are tens of thousands of beneficiaries.

The Committee asks the Government to provide a copy of the texts establishing and regulating the structure of the FFW.

3. In its previous direct request, the Committee referred to the provisions of Decree No. 80-286 of 31 October 1980 governing the application of Ordinance No. 80-174 of 22 July 1980 on the organisation and conditions of service of the National Guard, and it requested the Government to indicate the criteria directing the choice of the administrative authorities in the acceptance or rejection of resignation requests and on the appeal procedures available against decisions to reject resignation requests, and to provide a copy of the conditions of service applicable to military personnel in the army and of the provisions incorporating the National Guard into the army. The Committee notes the indications in the Government's report to the effect that these texts will be transmitted shortly, and hopes that the Government will provide the texts and the information requested in the near future.

4. The Committee previously noted the provisions of Decree No. 70-152 of 23 May 1970 respecting the organisation, administration and supervision of prison establishments, and of Decree No. 70-153 of the same date issuing the internal rules of prison establishments, of which the Government supplied copies in May 1986. The Government indicated that it plans to amend these texts in view of the fact that Decree No. 70-153 provides in Chapter II, section 2, for the possibility of hiring out prison labour to private individuals, which is contrary to the provisions of Article 2, paragraph 2(c), of the Convention.

The Committee notes the information contained in the Government's report to the effect that, in practice, prison labour has never been hired out or made available to private individuals, and that the Government plans to take legislative measures to ensure that all prison labour is carried out under the supervision and control of a public authority, in accordance with Article 2 of the Convention.

The Committee refers once again to paragraphs 97 and 98 of its General Survey of 1979 on Forced Labour, and hopes that the Government will shortly report the provisions that have been adopted.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the information supplied by the Government in its report for the period ending 30 June 1989, which reached the ILO in May 1990. It also notes the discussions that took place at the Conference Committee in June 1990 on the application of the Convention in Mauritania.

1. Abolition of slavery. In its previous comments, the Committee referred to the Declaration of 5 July 1980 proclaiming the abolition of slavery and to Ordinance No. 81-234 of 9 November 1981 to abolish slavery, and pointed out that the Ordinance did not contain provisions imposing penal sanctions for the illegal exaction of forced labour. The Committee also noted from the indications contained in a document submitted to the United Nations Human Rights Commission (document E/CN.4/Sub.2/1984/23) the adoption of Circular No. 003 of 9 January 1981 (which invites judges and cadis (al-koudath) to respect the Decision of 1980 and to remain in complete conformity with international and national law), and Circular No. 108 of 8 May 1983 (once again prohibiting judges from taking decisions that are incompatible with the law and requesting governers to give notification of all breaches and irregularities coming to their knowledge). The Committee also noted the indications supplied by the Government in its reply to the United Nations Human Rights Commission (document E/CN.4/Sub.2/1987/27) to the effect that new circulars have been issued to the regional authorities of the country to reaffirm the conformity of Ordinance No. 81-234 with the sharia and to recall the penalties to which those violating the legislation on this matter are subject. The Committee had previously noted the Government's indications that forced or compulsory labour is prohibited under section 3 of the Labour Code and is punishable, under section 56(a) of the same Code, by penal sanctions, and that the practice of forced labour no longer exists in the country. The Committee pointed out that these provisions have been in force since 1963 when the Labour Code was adopted, but that the practice of slavery has nevertheless persisted, and hence the Government considered it necessary to adopt the Ordinance of 1981 to abolish slavery. The Committee recalled in this connection that under Article 25 of the Convention, not only shall the illegal exaction of forced or compulsory labour be punishable as a penal offence, but it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee requested the Government to provide detailed information on the measures that have been taken or are envisaged to implement the decisions to abolish slavery, on the results already obtained and on the penalties imposed on persons who do not respect the provisions abolishing slavery. It requested the Government to supply copies of court decisions made in this regard and of the information supplied by governors, in accordance with Circular No. 108 of 8 May 1983. It requested the Government to send a copy of the latter Circular, of Circular No. 003 of 9 January 1981 and of the circulars to which reference is made in the Government's reply, referred to above, to the Human Rights Commission.

The Committee is bound to note that the Government's report contains no reply or information corresponding to its request: the Government refers to section 1 of the 1961 Constitution which guarantees equality before the law, and indicates that Ordinance No. 81-234 to abolish slavery is devoid of effect since, according to the Government, it merely confirms a de facto situation. According to the Government, the evolution of national institutions and society precludes the existence of forced labour in law and in practice. In this connection, the Committee is bound to reiterate the observation that it made previously on the Labour Code.

The Committee notes that the various texts adopted before independence prohibited slavery and forced labour without preventing it in practice. These texts were: the Decree of 1905 to abolish slavery; Act No. 46-645 of 11 April 1946 to suppress forced labour in the overseas territories; and Act No. 52-1322 of 15 December 1952 to establish a Labour Code in the Territories and Associated Territories under the Ministry for Overseas France.

The Committee notes the discussions of the Working Group on Contemporary Forms of Slavery of the United Nations Subcommission on the Prevention of Discrimination and the Protection of Minorities, at its 15th Session, 1990. The Committee notes that the report of the Working Group (document E/CN.4/Sub.2/190/44) refers to information from the Anti-Slavery International to the effect that, despite progress in terms of legislation, particularly in the field of employment, there is very little concrete evidence to indicate effective implementation of legislation: there has been no strengthening of inspection (especially with regard to freed slaves who have remained with their masters), and no specific body has been entrusted with co-ordinating the struggle against slavery. There are continuing reports of forced labour, kidnapping of children, and of torture meted out to slaves who tried to escape.

The Committee hopes that the Government will provide detailed information on all the points raised previously and recalled above, and particularly on the measures that have been taken or are contemplated to enforce the decisions to abolish slavery, the results obtained and the sanctions imposed for non-observance of the provisions abolishing slavery.

The Committee also refers to the provisions of Ordinance No. 81-234 of 9 November 1981 which provide that the abolition of slavery would entail the payment of compensation, the procedures for which would be established by decree, and to the discussions that took place at the Conference Committee on this matter, and asks the Government to indicate whether the above provisions have been repealed or, on the contrary, implemented.

2. Call-up of labour. The Committee has noted in the comments it has been making for many years that Ordinance No. 62-101 of 26 April 1962 and Act No. 70-029 of 23 January 1970 confer very wide powers on the authorities to requisition persons outside the cases of emergency covered by Article 2, paragraph 2(d), of the Convention. The Committee noted that the Government stated previously that it recognised the need to repeal the provisions that were not in conformity with the Convention, that it had drawn up a draft Labour Code in order to bring the legislation fully into conformity with the Convention and that the draft would be submitted for comments to the International Labour Office. The Committee notes the Government's statement to the Conference Committee that measures are envisaged to bring the national legislation into conformity with the provisions of Article 2 of the Convention, and that the re-establishment of trade union structures will permit the draft Labour Code to be submitted to the National Labour Council.

The Committee again expresses the hope that the Government will shortly provide the texts repealing or amending the provisions in question to bring the legislation into conformity with Article 2 of the Convention in this regard.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has not been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

1. In its previous comments, the Committee, with reference to Ordinance No. 83-127 of 5 June 1983 to reorganise public and private property, noted, among other matters, that by virtue of section 6, legitimately acquired collective rights devolve on all persons who have either participated in the initial improvements, or contributed to the upkeep and use of the property. The Committee once again requests the Government to supply information on the practical effect given to the provisions of the Ordinance, and in particular to section 6, and to supply the texts of implementing Decree No. 84-009 of 19 January 1984. It also requests the Government to supply information on any measures that have been adopted to support action to abolish slavery.

2. The Committee noted, from the Government's reply to the United Nations Human Rights Commission (document E/CN4/Sub.2/1987/27 of the Subcommission on the Prevention of Discrimination and the Protection of Minorities) of 17.7.1987), that the Government has established several structures intended to integrate former slaves into the various sectors of social and economic life. The Committee noted, in particular, the "food for work" (FFW) programme which, according to the paper, is already in action in several regions of the country and under which, in 1987, depots were opened in the capital for the benefit of approximately 10,000 persons. The Committee requests again the Government to supply detailed information on the organisation of the FFW structure, and particularly on the conditions of recruitment and work, the projects undertaken, the number of persons concerned, etc.

3. In its previous direct request, the Committee referred to the provisions of Decree No. 8-286 of 31 October 1980, governing the application of Ordinance No. 80-174 of 22 July 1980 on the organisation and conditions of service of the National Guard, and it requested the Government to indicate the criteria directing the choice of the administrative authorities in the acceptance or rejection of resignation requests and on the appeal procedures available against decisions to reject resignation requests. The Committee noted the information supplied by the Government in May 1986 according to which new provisions have incorporated the National Guard into the army. It again requests the Government to supply a copy of the conditions of service applicable to military personnel in the army and of the provisions incorporating the National Guard into the army.

4. With reference to its previous direct request concerning the provisions applicable to work performed by prisoners, the Committee noted Decree No. 70-152 of 23 May 1970 respecting the organisation, administration and supervision of prison establishments and Decree No. 70-153 of the same date issuing the internal rules of prison establishments, of which the Goverment supplied copies in May 1986, indicating that it planned to amend these texts, in view of the fact that Decree No. 70-153 provides in Chapter II, section 2, for the possibility of the hiring out of prison labour to private individuals, which is contrary to the provisions of Article 2, paragraph 2, of the Convention.

5. The Committee had noted the Government's intention with interest. It pointed out that Article 2, paragraph 2(c), of the Convention indeed requires prison labour to be carried out under the supervision and control of a public authority and forbids prisoners to be hired or placed at the disposal of private companies, both within and outside the prison. As the Committee explained in paragraphs 97 and 98 of 1979 General Survey on the Abolition of Forced Labour, the use of convicted persons by private employers would be compatible with the Convention only if it were subject to the consent of the prisoners concerned and to safeguards, particularly with regard to remuneration, social security, etc.

The Committee expresses again the hope that measures have been taken or are being taken, as the Government previously expressed the intention of doing, either to forbid prisoners being hired to or placed at the disposal of private individuals, companies or associations, or to ensure that the work of prisoners in the service of private individuals or associations is performed under the conditions of free work, that is, that it is subject to the consent of the prisoners concerned and to the existence of corresponding safeguards, particularly with regard to wages and social security. The Committee requests the Government to supply information on the measures that have been taken or are envisaged in this respect.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has been received from the Government.

The Committee has, however, taken note of the declaration of the Employers' and Workers' members in the Conference Committee in 1989 concerning the application of the Convention in Mauritania. The Employers' members recalled that the question of the elimination of slavery had been a source of problems for many years and stated that the Committee of Experts had noted with regret that the necessary measures had not yet been taken to implement the law abolishing slavery; they indicated that they failed to be convinced that slavery was no longer practised. The Workers' members associated themselves with the Employers' members' statement.

1. Abolition of slavery. In its previous comments, the Committee referred to the Declaration of 5 July 1980 proclaiming the abolition of slavery and to Ordinance No. 81-234 of 9 November 1981 to abolish slavery. It noted that under the terms of the provisions of the Ordinance, the abolition of slavery would give rise to compensation for those having held titles, for which the procedure would be established by decree, and it noted that the Ordinance did not contain provisions imposing penal sanctions for the illegal exaction of forced labour. The Committee also noted the indications contained in a paper submitted to the United Nations Human Rights Commission (document E/CN.4/Sub.2/1984/23 of the Subcommission on the Prevention of Discrimination and the Protection of Minorities - 2.7.1984) according to which the absence of penalties and the non-adoption of the Decree under the Ordinance on compensation could lead masters to tell their slaves that they are still slaves, since the envisaged compensation has not been received by those entitled to it, namely the masters, who could not demand it due to the absence of the implementing Decree. The Committee also noted, from the information contained in the above report, Circular No. 003 of 9 January 1981 (which invites judges and cadis (al-koudath) to respect the decision of 1980 and to remain in complete conformity with international and national law) and Circular No. 108 of 8 May 1983 (once again prohibiting judges from taking decisions that are incompatible with the law and requesting governors to give notification of all breaches and irregularities coming to their knowledge).

The Committee noted the information supplied by the Government in its report for the period ending June 1987 and to the Conference Committee in 1986 to the effect that, by virtue of section 3 of the Labour Code, forced or compulsory labour is forbidden and punishable, under section 56(a) of the Code, with penal sanctions, and that the practice of forced labour no longer exists in the country. It also noted that the Government is not planning to adopt the Decree mentioned in section 3 of Ordinance No. 81-234 regarding compensation, in view of the fact that it seemed wrong to provide compensation for an activity that has been declared illegal, and that the Government intends to delete this provision.

The Committee also noted the indications supplied by the Government in its reply to the United Nations Human Rights Commission (document E/CN.4/Sub.2/1987/27 of the Subcommission on the Prevention of Discrimination and the Protection of Minorities - 17.7.1987) according to which new circulars have been issued to the regional authorities of the country to reaffirm the conformity of Ordinance No. 81/234 with the sharia and to recall the penalties to which those violating the legislation on this matter are subject.

The Committee took note of the Government's indications that section 56 of the Labour Code makes the illegal exaction of forced labour punishable by penal sanctions. The Committee had, however, pointed out that these provisions have been in force since 1963, when the Labour Code was adopted, but that the practice of slavery has nevertheless persisted, and hence the Government considered it necessary to adopt the Ordinance of 1981 to abolish slavery. The Committee recalled, in this connection, that under the terms of Article 25 of the Convention, not only the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, but that it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee requested the Government to supply detailed information on the measures that have been taken or are envisaged to implement the decisions to abolish slavery, on the results already obtained and on the penalties imposed on persons who do not respect the provisions abolishing slavery. It requested the Government to supply copies of court decisions made in this regard and of the information supplied by governors, in accordance with Circular No. 108 of 8 May 1983. It also requested the Government to supply a copy of the latter circular, of Circular No. 003 of 9 January 1981 and of the circulars to which reference is made in the Government's reply, referred to above, to the Human Rights Commission.

The Committee further requested the Government to supply copies of any texts adopted either to repeal section 3 of Ordinance No. 81-234 on the compensation that is due, or to implement it, and to supply information on the measures that have been adopted to give effect to the Convention in both law and practice.

The Committee again expresses the hope that the Government will make every effort to take the necessary action in the very near future.

2. Call-up of labour. The Committee has noted in the comments it has been making for many years that Ordinance No. 62-101 of 26 April 1962 and Act No. 70-029 of 23 January 1970 confer very wide powers on the authorities to requisition persons outside the cases of emergency covered by Article 2, paragraph 2(d), of the Convention. The Committee noted that the Government stated previously that it recognised the need to repeal the provisions that were not in conformity with the Convention, that it had drawn up a draft Labour Code in order to bring the legislation fully into conformity with the Convention and that the draft would be submitted for comments to the International Labour Office.

The Committee also noted the statement by the Government representative to the Conference Committee in 1986 that the necessary measures to give effect to the provisions of the Convention had been taken. The Committee expresses again the hope that the Government will supply, in the near future, the texts that repeal or amend the provisions in question so as to make them compatible with Article 2 of the Convention.