Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Convention (n° 29) sur le travail forcé, 1930 - Mauritanie (Ratification: 1961)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Mauritanie (Ratification: 2016)

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.]