Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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 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.