Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 29) sur le travail forcé, 1930 - Mali (Ratification: 1960)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Mali (Ratification: 2016)

Articles 1(1) and 2(1) of the Convention, and Articles 1(2), 2 and 3 of the Protocol. Hereditary servitude. Systematic and coordinated action and protection of victims. The Committee previously noted with concern the persistence of slavery-like practices and requested the Government to take the necessary measures to assess the extent of the phenomenon of slavery and to adopt systematic and coordinated action to bring it to an end.

The Government indicates in its report that a study on hereditary servitude in the Kayes region and a national strategy to combat hereditary servitude were validated in July 2021 by the National Human Rights Commission (CNDH). The Committee notes that, according to the study, the causes of the persistence of hereditary servitude are of an economic nature (“slave masters” have large areas of land and slaves are the workforce to work on the land), but are also due to persistent traditional and religious beliefs (local customs, which provide the basis for a form of social domination, facilitate the practice of slavery) and the ignorance of populations (which are rural and mostly illiterate in the areas where slavery persists). The study emphasizes that slaves work for their masters in order to benefit from working the land. The slave either works exclusively for the master, who benefits from the whole harvest, or works both for the master and for him or herself. In the latter case, there are slaves who have access to lands on a precarious basis in return for accepting their conditions and servile status. They are required to work the land for their masters before tending their own fields.

The Committee also notes that, in its 2020 annual report, the CNDH emphasizes that the phenomenon of hereditary servitude in the Kayes region is demonstrating worrying trends, particularly as a result of its increasingly violent forms, which have resulted in the loss of human life, the abuse of physical and moral integrity, the right to property and internally displaced persons (page 5). The year 2020 was a highpoint in the expression of horror at the practice of slavery. Harmful discriminatory practices in respect of “descendants of slaves” are undeniable and recurrent. They mainly take the form of ill-treatment, aggression, the seizure of property and even total banishment from society. The CNDH emphasizes that these forms of violence are often a result of the refusal by “descendants of slaves” to accept their lower social status. Moreover, anyone who denounces this form of discrimination is systematically subjected to reprisals, often encouraged and carried out by the traditional chiefs of the various areas (pages 34 and 35).

The Committee notes that United Nations human rights experts reported, in a press release dated 29 October 2021, a series of barbarous attacks in 2021 against hundreds of persons born into slavery. The experts refer to eight attacks between January and September in the Kayes region, during which one person was killed, at least 77 were injured and over 3,000 people considered to be “slaves” were displaced.

The Committee expresses deep concern at this information, which bears witness to the persistence of the system of hereditary servitude in the country under which people are victims of forced labour, multiple forms of discrimination and violence when they attempt to assert their rights. The Committee recalls, as confirmed by the CNDH study, that the causes of the persistence of such practices are complex and multidimensional and that systematic and coordinated action is required to combat the phenomenon involving all sectors of society (economic, social, religious and so forth). It also notes that Mali is benefiting from ILO technical assistance through the project to combat slavery and discrimination based on slavery in Mali (2019–23). The project aims to improve stakeholders’ knowledge and raise their awareness of slavery and slavery-based discrimination, strengthen victims’ access to economic independence and legal assistance services, and reinforce the legislative framework and its enforcement.

The Committee urges the Government to renews its efforts to bring an end to the practice of hereditary servitude and trusts that it will take the necessary measures as soon as possible to:

• (i)implement the national strategy to combat slavery, with a view to ensuring systematic and coordinated action by the competent authorities and other actors involved;
• (ii)designate the authority competent for the implementation of the strategy and provide it with the necessary resources for the discharge of its functions;
• (iii)raise awareness, educate and inform the whole population of the real situation and the gravity of slavery-like practices, including the traditional and religious authorities in regions where slavery persists; and
• (iv)identify, free and assist victims and ensure that they benefit from protection that is adapted to their situation to enable them to assert their rights, obtain compensation and recover psychologically, economically and socially.

Article 25 of the Convention and Article 1(3) of the Protocol. Imposition of penalties. The Committee previously requested the Government to take the necessary measures to ensure that prosecutions are undertaken in cases of slavery, and to reinforce the capacities of actors in the criminal justice system. The Government indicates that a preliminary draft of an amendment to the Criminal Code was validated on 20 August 2022 which seeks to include a specific offence of slavery in all its forms, including hereditary servitude, and establish specific penalties for this crime. The Government adds that once the amended Criminal Code has been adopted, particular emphasis will be placed on slavery and its various forms through an awareness-raising and training campaign for actors in the criminal justice system. The Government specifies that a 2019 circular of the Minister of Justice and Human Rights calls on magistrates to punish all offences related to the phenomenon of hereditary servitude.

The Committee notes the Government’s indication that, in the context of the project to combat slavery and slavery-based discrimination in Mali, the Government, with ILO support, has been able to train 20 labour inspectors and controllers on the laws and policies to combat slavery, and on the identification and denunciation of cases of slavery and forced labour within the context of inspections undertaken in rural areas and the informal economy.

The Committee also notes, according to the information contained in the quarterly note of 30 May 2022 of the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) on trends of violations and abuses of human rights in Mali, that some progress has been made in combating impunity, including remand warrants being issued for at least 30 persons in the context of investigations of acts of violence against persons considered to be “slaves”. Moreover, the Minister of Justice and Human Rights has instructed the Prosecutor General of the Appeal Court of Kayes to organize a special session of the Assizes in 2022, focusing specifically on the judgement of cases relating to hereditary servitude practices (paragraph 52).

The Committee expresses the firm hope that the draft amendment to the Criminal Code will be adopted without delay, that it will contain provisions defining the constituent elements, incriminating and punishing hereditary servitude and all related offences, and that it will be broadly disseminated to the competent authorities and all groups of the population. The Committee also urges the Government to continue its efforts to reinforce awareness-raising activities and build the capacities of law enforcement institutions (the labour inspection services, the forces of order, the investigation and judicial authorities) in order to ensure that cases of slavery are identified, evidence gathered and prosecutions launched so that those responsible for such practices are punished. The Committee requests the Government to provide information on the number of cases of slavery that have been identified, the number of prosecutions initiated and the number and nature of the penalties imposed.

The Committee hopes that the Government will continue to avail itself of ILO technical assistance with a view to achieving notable progress in the fight against slavery in the near future.

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