Observation (CEACR) - adoptée 1991, publiée 78ème session CIT (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.