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

Abolition of Forced Labour Convention, 1957 (No. 105) - Mauritania (Ratification: 1997)

Other comments on C105

Observation

2019

Direct Request

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2019.

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that, under Decree No. 70-153 of 23 May 1970 establishing the prison regulations, persons sentenced to imprisonment were under an obligation to work, and that the exception established for persons convicted of political offences did not apply to the offences referred to by the Government. The Committee requested the Government to provide information on the application in practice of certain provisions of the Criminal Code, the Ordinance of 1991 concerning political parties, the Act of 1973 concerning public meetings and the Ordinance of 2006 concerning freedom of the press, under which certain activities may fall under freedom of expression of political or ideological views which may be punishable by prison sentences, including the obligation to work. The provisions in question are:

-Sections 101, 102 and 104 of the Criminal Code, which provide for prison sentences for armed or unarmed gatherings, the refusal by an unarmed person to leave an armed or unarmed gathering after one warning, and direct provocation to an unarmed gathering, either by speeches made in public or by the posting or distribution of written or printed matter.
-Section 27 of Ordinance No. 91-024 of 25 July 1991 concerning political parties, which provides for imprisonment ranging from six months to three years for any person who founds, manages or administers a political party in breach of the provisions of the Ordinance.
-Section 8 of Act No. 64-098 of 9 June 1964 concerning associations, which provides for imprisonment of one to three years for any person who takes up or continues to hold responsibility for the administration of an association without authorization.
-Section 9 of Act No. 73-008 of 23 January 1973 concerning public meetings, which provides for imprisonment ranging from two to six months for any breach of the Act.
-Ordinance No. 2006-17 of 12 July 2006 concerning freedom of the press, which provides for imprisonment for offences involving the distribution, sale, exhibition and possession of pamphlets and flyers liable to be harmful to the general interest and public order (section 30); the publication of false information (section 36); defamation of private individuals (section 40); and insults (section 41).

The Government indicates in its report that Mauritania is a country that does not prohibit the organization of public meetings or even the constitution of an association or political formation, as long as the prescribed procedures are followed. The Government adds that there are currently more than 4,000 associations. It specifies, with regard to public meetings, that the requirement to report any demonstration in advance is justified for security reasons and to prevent situations from spiralling out of control. It also states that the press is free, provided that journalists respect the ethical standards of their profession, and specifies that any victim of defamation may initiate legal proceedings.

The Committee welcomes the adoption of Act No. 2011-054 of 24 November 2011 amending certain provisions of Ordinance No. 2006-17 of 12 July 2006 on freedom of the press, which withdraws the penalty of imprisonment for the publication of false news (article 36), and for defamation against individuals (article 40) and insults (article 41), except when defamation or insults are committed on grounds of belonging or non-belonging to an ethnic group, nation, race, region or religion.

Regarding Act No. 64-098 of 9 June 1964 concerning associations, the Government indicates, in its report of July 2019 to the United Nations Committee on the Elimination of Racial Discrimination, that the Government has developed a bill, in consultation with civil society, to repeal and replace Act No 64.098, which is in the process of being adopted (CERD/C/MRT/CO/8-14/Add.1, paragraph 27). The Committee also notes that, in their concluding observations, the United Nations Human Rights Committee and Committee on the Elimination of Racial Discrimination expressed concern that non-governmental organizations and associations for the defence of human rights are required to obtain prior authorization and that some face administrative obstacles in doing so (CCPR/C/MRT/CO/2, paragraph 46 and CERD/C/MRT/CO/8-14, paragraph 29). They also expressed concern about reports of the detention of certain members of associations and organizations for the defence of human rights (paragraph 42 and paragraph 29, respectively).

The Committee notes ITUC’s observations under the Forced Labour Convention, 1930 (No. 29), that restrictions on freedom of expression and association persist, including the arrest and imprisonment of human rights defence groups, in particular anti-slavery activists.

The Committee recalls that Article 1(a) prohibits the punishment of persons who, without resorting to violence, hold or express certain political views or views ideologically opposed to the established political, social or economic system through the imposition of labour, including compulsory prison labour. It underscores that the range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, and freedom from arbitrary arrest (see the 2012 General Survey on the fundamental Conventions, paragraph 302). The Committee therefore requests the Government to ensure that no penalty involving compulsory labour is imposed, in law or in practice, against persons who peacefully express views ideologically opposed to the established political, social or economic system. In this regard, the Committee requests the Government to amend the above sections of the Criminal Code, the Ordinance of 1991 concerning political parties, the Act of 1964 concerning associations and the Act of 1973 concerning public meetings by clearly restricting the scope of these provisions to the situations connected with the use of violence or incitement to violence, or by suppressing sanctions involving the obligation to work. In the meantime, the Committee requests the Government to provide information on the application in practice of these sections. It also requests the Government to indicate whether the convictions involving prison sentences have already been handed down under the above provisions of the Ordinance of 2006 concerning freedom of the press.