Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Slavery and slave-like practices. In its previous comments, the Committee noted that the fact-finding mission which visited Mauritania in 2006, at the request of the Committee on the Application of Standards of the International Labour Conference, had noted a number of positive measures which illustrated the Government’s commitment to combat slavery and its vestiges. It observed that the Government had undertaken to take into account the recommendations made by the fact-finding mission in the formulation of the national strategy to combat slave-like practices. In this respect, the Committee noted the adoption, on 9 August 2007, of Act No. 2007/48 criminalizing and penalizing slave-like practices. It requested the Government to take the necessary measures to ensure the effective application of the Act and the implementation of the national strategy to combat slave-like practices.

Effective application of the legislation. The Committee recalls that Act No. 2007/48 defines, criminalizes and penalizes slave-like practices and makes a distinction between the crime of slavery and offences of slavery. Such offences include “any person who appropriates the goods, products and earnings resulting from the labour of any person claimed to be a slave or who forcibly takes that person’s monies who shall be punished by a sentence of imprisonment of from six months to two years and a fine of from 50,000 to 200,000 ouguiyas” (section 6). Offences of slavery also include prejudicing the physical integrity of a person claimed to be a slave and denying a child claimed to be a slave access to education (sections 5 and 7). Furthermore, the Walis, Hakems, local chiefs and officers of the criminal investigation police who do not follow up cases of slave‑like practices that are brought to their knowledge shall be liable to a sentence of imprisonment and a fine (section 12). Finally, human rights associations are empowered to denounce violations of the Act and to assist victims, with the latter benefiting from free judicial proceedings (section 15).

The Committee considered that the adoption of the Act constituted an important first step in combating slavery and that the challenge would henceforth lie in the effective application of the legislation so that victims can assert their rights effectively and those responsible for the persistence of slavery are convicted and punished. It requested the Government to take steps to publicize the new Act among the forces of order and the judicial authorities, as well as the population at large, and to ensure that investigations are conducted rapidly and are effective and impartial when cases are brought to the knowledge of the authorities.

With regard to the first point, the Government indicates in its report that the Act criminalizing slavery and penalizing slave-like practices has been the subject of intense awareness-raising activity and that every measure has been taken to ensure that publicity is given to the provisions of the Act with a view to promoting an understanding of the criminal nature of slavery. The Committee notes this national awareness-raising campaign on the contents of the Act, which was carried out in February 2008. It notes that it was undertaken in many regions of the country. Missions to supervise the campaign at the regional level organized meetings and assemblies during which the provisions of the Act were explained to the population. These missions were generally composed of representatives of the Government, the local authorities, the religious authorities, the National Human Rights Commission and NGOs active in this field. The Committee observes that this campaign, which was carried out immediately following the entry into force of the Act, certainly provided an important signal to civil society as it benefited from the presence of members of the Government and of various authorities who were able to proclaim their will to combat slavery. The Committee hopes that the Government will take all the appropriate measures to continue carrying out awareness-raising activities on the Act and on the problem of slavery in general, targeting more particularly the most vulnerable groups and those who are in the first line of contact with victims.

The Committee stresses the particular importance of following up and further enhancing the process of awareness raising since, according to the information available, it would not appear that victims are able to assert their rights effectively. The Committee notes that the Government has not provided any information on the complaints lodged by victims or the NGOs representing them, the investigations carried out or the commencement of judicial proceedings. The Committee is also concerned about the absence of information on the measures adopted by the Government to encourage and assist victims in their action. It had already expressed concern in the past about the fact that victims encountered difficulties in being heard and in asserting their rights, both with regard to the authorities responsible for the forces of order and the judicial authorities. In this respect, it considered that sections 12 and 15 of the Act (assistance to victims, the prosecution of authorities which do not follow up cases of slave-like practices that are brought to their knowledge) could contribute to removing the obstacles preventing access to justice.

The Committee recalls that, under the terms of Article 25 of the Convention, States which ratify the Convention are under the obligation to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and strictly enforced. It considers that the absence of court action by victims may reveal ignorance of the recourse procedures available, the fear of social reprobation or reprisals, or a lack of will by the authorities responsible for taking legal action. The Committee requests the Government to take the appropriate measures to ensure that victims are effectively in a position to turn to the police and the judicial authorities with a view to asserting their rights and that investigations are conducted in a rapid, effective and impartial manner. The Committee requests the Government to provide information in its next report on the number of cases of slavery reported to the authorities, the number of cases in which an investigation has been conducted and the number of cases which have resulted in judicial action. Please indicate whether prosecutions have been initiated as a result of action by the victim or the Office of the Attorney-General and provide copies of any judgements handed down.

The Committee notes that a technical assistance mission visited Mauritania in February 2008, in the course of which the follow-up to the recommendations of the fact-finding mission was discussed. The Committee notes that the mission was informed that the National Human Rights Commission (CNDH) which has as its mandate to examine situations of the violation of human rights that are reported or brought to its knowledge and to take all appropriate action, has received allegations of slavery. In such cases, the CNDH sends one of its members to the scene and, following investigation, sends a report with recommendations to the President of the Republic. The Committee requests the Government to provide information on the cases referred to the CNDH, the recommendations made and the action taken as a result of these recommendations.

National strategy to combat the vestiges of slavery. Recalling that in 2006 the Council of Ministers adopted the principle of formulating a national strategy to combat the vestiges of slavery and that an inter-ministerial committee was established for that purpose, the Committee previously requested the Government to indicate whether such strategy had effectively been adopted and to provide detailed information on the measures taken in this context.

In its report, the Government indicates that the national strategy to combat slave-like practices has not been adopted. However, the Commissariat for Human Rights, Humanitarian Action and Relations with Civil Society has established a national plan to combat the vestiges of slavery, with a budget of 1 billion ouguiyas, covering the fields of education, health and income-generating activities in the area known as “the triangle of poverty”. The Government adds that it has still not reached agreement with the United Nations Development Programme (UNDP) and the European Union (EU) concerning the terms of reference for the study on slavery that these institutions were proposing to finance.

The Committee notes the budgetary allocation for the national plan to combat the vestiges of slavery and observes that the plan, by focusing on education and income-generating activities, is designed to act on poverty in the region identified by the Government as being the “geographical zone concerned”. The Committee nevertheless observes that the Government still does not have at its disposal reliable data enabling it to evaluate the extent of the phenomenon of slavery and to identify its characteristics (social, geographical, etc.). Consequently, certain victims or populations at risk could be excluded from the measures envisaged in the context of the national plan. The Committee requests the Government to provide a copy of the national plan to combat slavery and to supply further information on the practical action adopted in the context of the plan. The Committee also draws the Government’s attention to the importance of a global strategy to combat slavery. By addressing poverty, the national plan covers one of the aspects of the action required to combat slavery, although it should also encompass other measures, such as those outlined above, namely raising the awareness of society, the police and the judicial authorities, and measures to combat the impunity of those responsible for these practices. In this context, the Committee requests the Government to indicate the measures adopted or envisaged with a view to the adoption of a global strategy to combat slavery and to indicate whether it intends, to that effect, to carry out a quantitative and qualitative study of the issue of slavery in Mauritania.

The Committee also considers that, once they have been identified, it is important to envisage measures to support and reintegrate victims. It is necessary to provide material and financial support to victims so that they can lodge complaints, on the one hand, and to avoid them reverting to a situation of vulnerability in which their labour would once again be exploited. The objective is for the victims to be in a position to reconstruct their lives outside the household of their masters. The Committee requests the Government to indicate whether the national plan of action envisages the creation of structures intended to facilitate the social and economic reintegration of victims. The Committee asks the Government to indicate whether victims have access to compensation procedures for the personal and material damages suffered.