Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

1. Abolition of slavery.The Committee recalls that for some years it has been examining the situation in Mauritania as concerns allegations of slavery, and the condition of former slaves. Slavery has been declared illegal in the country, most recently by the Declaration of 5 July 1980. The Committee recalls that a direct contacts mission to the country in 1992 found that slavery had not yet been completely eradicated; and the Committee continues to receive reports from trade union organizations to the same effect.

2. The Government states in its most recent report that slavery is a practice which disappeared a long time ago. Certain kinds of behaviour or states of mind may persist and they are being combated, though only time can have a positive and definitive effect. The Government has cited its efforts in relation to literacy, land rights and awareness raising, and indicates that no courts have imposed penalties for the exaction of forced labour as neither they nor the national authorities have received any complaints to this effect. Noting that the Government indicates that the Labour Inspectorate is responsible for the implementation of the Convention's requirements, the Government is asked to indicate whether any particular attention has been given by this inspectorate to the situation of former slaves, what the inspectorate's findings may have been, and what corrective measures may have been taken.

3. The Committee recalls in this connection that it has previously pointed out that the Declaration of 5 July 1980 does not contain provisions imposing penal sanctions for the illegal exaction of forced labour, as required by Article 25 of the Convention. The Committee has also referred to Circular No. 003 of 9 January 1981, and Circular No. 108 of 8 May 1983, prohibiting judges from taking decisions incompatible with the law, and in particular with the prohibitions of slavery. The Committee requests the Government to indicate what court decisions have been made recently in this connection. It refers in particular to recent cases concerning custody of children in which a magistrate had ruled that a man alleged by the mother to be their former master, was actually their father; and other cases concerning the question of whether the former master or the descendants of former slaves have the right to inherit their property.

4. Please also indicate in the next report what measures may have been taken for the rehabilitation of former slaves and their return to a more normal existence, in the light of reports that many former slaves continue to live with and work for their former masters.

5. The Committee notes that, in a communication dated 23 October 1997, observations on the application of the Convention were made by the World Confederation of Labour, which were sent to the Government on 17 November 1997 for any comments it might wish to make. These observations indicate, inter alia, that many Mauritanians continue to complain of slavery, and that a public debate has opened on the subject for the first time in many years. The Committee looks forward to receiving the Government's comments, and in particular to further information on the debate said to be taking place.

6. Requisitioning of labour.In the comments it has been making for some years, the Committee has noted 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 labour outside the cases of emergency admitted by Article 2, paragraph 2(d), of the Convention. The Government has stated in earlier reports that it considered it necessary to amend this legislation and to repeal provisions which are not in conformity with the Convention. The Government has stated in its most recent report that these texts have not yet been amended, and states that it will inform the Committee when this has been done. The Committee urges the Government to take the necessary measures in the very near future.