Focus: Recent developments in the struggle to end slavery in Mauritania

Abstract

6 | International Union Rights | 25/2 FOCUS | TRADE UNION RIGHTS IN THE MENA COUNTRIES Recent developments in the struggle to end slavery in Mauritania The ongoing prevalence of slavery is a tragic reality in Mauritania, where thousands of people, including children, are trapped in a life of servitude. Recent months have seen significant developments in the longstanding fight to end slavery in the country. One such development was a landmark ruling by the African Committee of Experts on the Rights and Welfare of the Child (the ‘Committee’), a body of the African Union whose mandate includes monitoring implementation of the rights enshrined in the African Charter on the Rights and Welfare of the Child (the ‘Charter’). In December 2017, the Committee ruled that Mauritania breached several of its obligations under the Charter in regards to Said Ould Salem and Yarg Ould Salem, two brothers who grew up in slavery1. In March 2018, an important domestic judgment was issued in which two individuals received lengthy sentences for slavery offences. A brief history of slavery in Mauritania Slavery in Mauritania is closely linked to ethnicity and the extremely hierarchical nature of Mauritanian society. The white Moors, also known as the Arab-Berbers or Beidan, constitute the country’s ruling elite and control the government, law enforcement and the economy. Historically, the white Moors raided and enslaved sub-Saharan ethnic communities along the Senegal River, who over time became assimilated into Moor culture. This population now constitutes a distinct group called the Haratine, or black Moors, who are considered the ‘slave’ class in Mauritania. While other black minority ethnic groups in Mauritania also have a tradition of slavery, today the Haratine are most significantly impacted by slavery and slavery-like practices. In 1981, Mauritania became the last country in the world to formally abolish slavery. The enactment of national legislation in 2007 criminalised slavery and slavery-like practices for the first time (the ‘2007 Anti-Slavery Law’). This law prohibited discrimination based on slave status, established penalties of fines and imprisonment and required public officials to investigate accusations of slavery and slavery-like practices. Unfortunately, Mauritanian authorities largely failed to implement or enforce the 2007 Anti-Slavery Law, which was criticised by anti-slavery advocates both domestically and abroad. Slavery was recognised as a crime against humanity in a 2012 amendment to the Constitution. In 2015, the 2007 Anti-Slavery Law was repealed and replaced by a law that doubled the prison sentence for the crime of slavery and introduced the establishment of special regional tribunals for slavery and slavery-like practices (the ‘2015 AntiSlavery Law’). Two individuals were convicted under this law in May 2016, although their sentences were significantly less than those set out in the law2. The case of Said and Yarg Said and Yarg are brothers who were born in 2000 and 2003 to a Haratine mother within the El Hassine household. As slavery in Mauritania is descent-based, Said and Yarg automatically became property of the El Hassine family at birth. Throughout their childhood, Said and Yarg were forced to look after the family’s animals and undertake domestic work. Referred to only as ‘slave’, they worked daily, with no time for rest, play or prayers. The brothers were not allowed to attend school and were often physically abused. In 2011, after managing to escape, Said and Yarg filed a complaint against the El Hassine family and charges were brought against six family members. In November 2011, the first and only prosecution under the 2007 Anti-Slavery Law led to the conviction of Ahmed Ould El Hassine for holding Said and Yarg in slavery and depriving them of schooling, although his sentence and fine were lower than those prescribed by law. Another family member was acquitted of the same charges, while four others received fines and suspended sentences. Said and Yarg were awarded nominal compensation, which they appealed, and their lawyer asked the state prosecutor to appeal the inadequate sentences and compensation. El Hassine was released on bail four months after his conviction, without prior notification to Said and Yarg’s lawyer and in contravention of Mauritania’s Criminal Code. To this day, Mauritanian authorities have not been...