Mali

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Workers, except members of the armed forces, have the right to form and join independent unions, bargain collectively, and conduct strikes. There are restrictions imposed on the exercise of these rights. The law provides that workers must be employed in the same profession before they may form a union. A worker may remain a member of a trade union only for a year after leaving the relevant function or profession. Members responsible for the administration or management of a union must reside in the country and be free of any convictions that could suspend their right to vote in national elections. The process is cumbersome and time-consuming, and the government may deny trade union registration on arbitrary or ambiguous grounds.

The minister of labor and public service has the sole authority to decide which union is representative for sectoral collective bargaining and to approve sectoral collective agreements. Employers have the discretionary right to refuse to bargain with representatives of trade unions. The law allows all types of strikes and prohibits retribution against strikers. Unions must exhaust the mandatory conciliation and arbitration procedures set out in the labor code in order to strike legally. Regulations require civil servants and workers in state-owned enterprises to give two weeks’ notice of a planned strike and to enter into mediation and negotiations with the employer and a third party, usually the Ministry of Labor and Public Service. The law does not allow workers in “essential services” sectors to strike, and the minister of labor can order compulsory arbitration for such workers. The law defines “essential services” as services whose interruption would endanger the lives, personal safety, or health of persons; affect the normal operation of the national economy; or affect a vital industrial sector. For example, the law requires striking police to maintain a minimum presence in headquarters and on the street. The government, however, has not identified a list of essential services. Participation in an illegal strike is punishable by harsh penalties, including dismissal and loss of other rights except wages and leave. Civil servants exercised the right to strike during the year.

The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. The government did not effectively enforce relevant laws. Penalties for violating antiunion discrimination provisions were not sufficient to deter violations. The Ministry of Labor and Public Service did not have adequate resources to conduct inspections or perform mediation. Administrative and judicial procedures were subject to lengthy delays and appeals.

Authorities did not consistently respect freedom of association and the right to collective bargaining, although workers generally exercised these rights. The government did not always respect unions’ right to conduct their activities without interference.

Although unions and worker organizations were independent of the government and political parties, they were closely aligned with various political parties or coalitions. The Ministry of Mines intervened to facilitate negotiations between labor and management over the closure of the Morila gold mine. Officials have not renegotiated some collective agreements since 1956.

The law prohibits all forms of forced or compulsory labor. Forced labor occurred. The law prohibits the contractual use of persons without their consent, and penalties include fines and imprisonment with compulsory hard labor. Penalties can double if a person younger than 15 is involved. Penalties were seldom enforced and therefore were not sufficient to deter violations. According to NGOs, the judiciary was reluctant to act in forced labor cases. The government made little effort during the year to prevent or eliminate forced labor, although it did allocate initial funding to its antitrafficking action plan. A government commission has conducted an inventory of mercury in artisanal gold mines, mapped artisanal gold mines in the auriferous regions of Kayes, Koulikoro, and Sikasso, and created a professional identification card for artisanal gold miners. On September 17, a man in the town of Kremis was publicly assaulted for his opposition to hereditary slavery.

Most adult forced labor occurred in the agricultural sector, especially rice production, and in gold mining, domestic services, and in other sectors of the informal economy. Forced child labor occurred in the same sectors. Corrupt religious teachers compelled boys into begging and other types of forced labor or service (see section 7.c.).

The salt mines of Taoudeni in the North subjected men and boys, primarily of Songhai ethnicity, to a longstanding practice of debt bondage. Employers subjected many black Tuaregs to forced labor and hereditary slavery, particularly in the eastern and northern regions of Gao, Timbuktu, and Kidal (see section 6).

See also the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The labor law sets the minimum employment age at 15. No child may work more than eight hours per day under any circumstance. The government prohibits some of the worst forms of child labor. The government’s Hazardous Occupations List prohibits certain activities by children younger than 18. Girls between the ages of 6 and 18 may not work more than six hours per day. The law applies to all children, including those who work in the informal economy and those who are self-employed. Gaps exist in the country’s legal framework to protect children adequately from the worst forms of child labor, and the law does not meet international standards as related to the prohibition of forced labor, the prohibition against using children in illicit activities, and the prohibition of military recruitment by nonstate armed groups.

Responsibility for enforcing child labor laws is shared between the Ministry for the Promotion of Children and Women through the National Committee to Monitor the Fight against Child Labor; the Ministry of Justice through different courts; the Ministry of Security through the Morals and Children’s Brigade of the National Police; the National Social Security Institute through its health service; and the Ministry of Labor and Public Service through the Labor Inspectorate. Interagency coordinating mechanisms were ineffective, inefficient, and cumbersome. Authorities often ignored child labor laws or did not effectively enforce applicable laws. Resources, inspections, and remediation were not adequate, and the penalties for violations were not sufficient to deter violations.

Child labor, particularly in its worst forms, was a serious problem. Child labor was concentrated in the agricultural sector, especially rice and cotton production, domestic services, gold mining, forced begging organized by Quranic schools, and other sectors of the informal economy.

Approximately 25 percent of children between the ages of five and 14 were economically active, and employers subjected more than 40 percent of economically active children to the worst forms of child labor. Many were engaged in hazardous activities in agriculture. Armed groups used child soldiers in the North and the Center (see section 1.g). Child trafficking occurred. Employers used children, especially girls, for forced domestic labor. Employers forced Black Tuareg children to work as domestic and agricultural laborers.

Child labor in artisanal gold mining was a serious problem. According to the International Trade Union Confederation, at least 20,000 children worked under extremely harsh and hazardous conditions in artisanal gold mines. Many children also worked with mercury, a toxic substance used in separating gold from its ore.

An unknown number of primary school-age boys throughout the country, mostly younger than 10, attended part-time Quranic schools funded by students and their parents. Some Quranic teachers (marabouts) often forced their students, known as garibouts or talibes, to beg for money on the streets or work as laborers in the agricultural sector; any money earned was usually returned to their teachers. In some cases talibes are also used as domestic workers without receiving compensation.

The Ministry of Labor and Public Service conducted few surprise or complaint-based inspections. Insufficient personnel, low salaries, and lack of other resources hampered enforcement in the informal sector. Prosecutors in Bamako had several pending investigations of potential abuse charges against marabouts who used children solely for economic purposes.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

The labor law prohibits discrimination in employment and occupation based on race, gender, religion, political opinion, nationality, disability, social status, HIV-positive status, and color. The government’s Labor Inspection Agency is responsible for investigating and preventing discrimination based on race, gender, religion, political opinion, nationality, or ethnicity, but the law was not effectively enforced. Penalties were insufficient to deter violations.

Discrimination in employment and occupation occurred with respect to gender, sexual orientation, disability, and ethnicity (see section 6). The government was the major formal-sector employer and ostensibly paid women the same as men for similar work, but differences in job descriptions permitted pay inequality. There were cases where employers from southern ethnic groups discriminated against individuals from northern ethnic groups.

The official minimum wage allows one to live above the World Bank’s poverty line. Minimum wage requirements did not apply to workers in the informal and subsistence sectors, which included the majority of workers. The government supplemented the minimum wage with a required package of benefits, including social security and health care. In January 2018 the government increased the salaries of public sector workers after coming to a collective bargaining agreement with the largest national workers’ union, the National Workers’ Union of Mali. In August 2018 banks and insurance companies also increased their employees’ salaries.

The legal workweek is 40 hours, except for the agricultural sector, where the legal workweek ranges from 42 to 48 hours, depending on the season. The law requires a weekly 24-hour rest period, and employers must pay workers overtime for additional hours. The law limits overtime to eight hours per week. The law applies to all workers, including migrants and domestics, but it was routinely ignored in the informal sector, which included an estimated 87 percent of workers.

The law provides for a broad range of occupational safety and health standards in the workplace. Workers have the right to remove themselves from work situations that endanger health or safety without jeopardy to their employment and to request an investigation by the Social Security Department, which is responsible for recommending remedial action where deemed necessary. Authorities, however, did not effectively protect employees in these situations. With high unemployment, workers often were reluctant to report violations of occupational safety regulations.

The Ministry of Labor and Public Service did not effectively enforce these standards, did not employ a sufficient number of labor inspectors, and the few inspectors it did employ lacked resources to conduct field investigations. Many employers did not comply with regulations regarding wages, hours, and social security benefits. The ministry conducted few inspections in the three northern regions where the government has suspended services since the 2012 occupation of those regions by armed groups and other organizations. Penalties were insufficient to deter violations, and no government agencies provided information on violations or penalties. Labor inspectors made unannounced visits and inspections to work sites only after labor unions filed complaints.

Working conditions varied, but the worst conditions were in the private sector. In small, family-based agricultural endeavors, children worked for little or no remuneration. Employers paid some domestic workers as little as 7,500 CFA francs ($14) per month. Violations of overtime laws were common for children working in cities and those working in artisanal gold mines or rice and cotton fields. Labor organizations reported employers used cyanide and mercury in gold mines, posing a public health risk to workers exposed to them. Inspectors lacked the resources to assemble credible data on dangerous workplaces.

Malta

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of most workers to form and join independent unions, bargain collectively, and conduct legal strikes. A trade union can register an industrial dispute with an employer, at which point the trade union enters into negotiations with the employer. In the absence of an agreement, both parties are free to resort to industrial action. The trade union can take industrial actions, which may include slowdowns, wildcat strikes, work-to-rule, strike action for a defined period of time or any other industrial action which the union may deem necessary. The employer may use a “lockout” to protect its interests.

The law prohibits antiunion discrimination and provides for the reinstatement of unfairly dismissed workers, including for legal, nonviolent union activity. Workers have a right to seek redress for alleged antiunion dismissals, although procedures to seek such redress were unclear for certain categories of public sector workers.

Members of the military and law enforcement personnel may join a registered trade union, but the law prohibits strikes by this category of workers. The law does not explicitly prohibit acts of interference by worker or employer organizations in one another’s activities. According to the International Labor Organization (ILO), compulsory arbitration continues to limit collective bargaining rights. Arbitration did not take place during the year.

The government effectively enforced applicable laws. Penalties ranged from fines to two years’ imprisonment and were sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals.

Both the government and employers generally respected these rights, and workers freely exercised them during the year. There were no reports of antiunion discrimination or other forms of employer interference in union activities. Trade unions and employers’ organizations may both refer a dispute to the Industrial Tribunal, but it is customary that until the tribunal decides on an award, both parties generally refrain from taking further industrial action.

The constitution prohibits all forms of forced or compulsory labor. The government generally took some steps to prevent and eliminate forced labor and acted quickly to investigate and address complaints. The processing of cases through the courts was slow. Three labor trafficking prosecutions initiated in 2014 remain pending. The law prescribes penalties of imprisonment for forced labor violations; such penalties were considered sufficient to deter violations. Nevertheless, there were reports of adult men and women in bonded labor and domestic servitude. Foreign domestic workers as well as irregular migrant workers were vulnerable to forced labor.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits the worst forms of child labor as well as employment of children younger than 16 in all sectors. The director general for educational services in the Ministry of Education and Employment may grant an exemption for employment only after determining that it would not harm the health or normal development of the minor. While no legal work is specifically restricted for minors, children granted an exemption may work up to 40 hours per week. Children are not allowed, however, to carry out any night duties or perform work that could be regarded as harmful, damaging, or dangerous to a young person. Minors granted an exemption to work in certain areas such as manufacturing, heavy plant machinery, and construction are required to work under supervision.

The government generally enforced the law in most formal sectors of the economy. Jobs Plus, the former Employment Training Corporation, a government entity under the Ministry for Education and Employment, is responsible for labor and employment issues. While Jobs Plus generally enforced the law in most formal sectors of the economy, it allowed summer employment of underage youth in businesses operated by their families. No assessment was available on the effectiveness with which Jobs Plus monitored the unregistered employment of children as domestic employees and restaurant workers. Fines and penalties were sufficient to deter violations.

The law prohibits discrimination in any form of employment and occupation. The government effectively enforced the law. However, many foreign workers, including migrants, worked in dangerous, unsanitary jobs, with low social status and little prospect of improvement in their employment conditions. Penalties took the form of fines and were sufficient to deter violations against citizens, and remedies were available to them through the civil court system.

From January to September, the NCPE received seven claims of alleged workplace discrimination, including complaints at the recruitment stage. Following an NCPE investigation, the commissioner may either dismiss the complaint or find the complaint warranted. In the latter case, if the complaint constitutes an offense, the commissioner must submit a report to the police commissioner for action. In instances where the complaint did not constitute an actionable offense, the NCPE followed the law and undertook steps to investigate the cases and refer them to the police or mediate to ensure provision of redress as appropriate.

While women constituted a growing proportion of graduates of higher education and of the workforce, they remained underrepresented in management and generally earned less than their male counterparts. Eurostat reports showed the gender pay gap in 2017, the most recent period for which data was available, was 12 percent. In 2018 labor force participation by women was 63 percent, compared with 86 percent for men.

The country had a national weekly minimum wage that was above the poverty income level. The government effectively enforced the minimum wage. Penalties were sufficient to deter violations. Early in the year, the country’s second largest trade union, Voice of the Workers, expressed concern about reports that some foreign workers were paid below the minimum hourly rate.

The law mandates a standard workweek of 40 hours, but the norm was 43 or 45 hours in certain occupations such as in health care, airport services, and civil protective services. The law provides for paid annual holidays (i.e., government holidays) and paid annual leave. The law prohibits excessive compulsory overtime, and employers cannot oblige employees to work more than 48 hours per week, inclusive of overtime.

The government sets occupational safety and health standards, and such standards were current and appropriate for the main industries in the country. Workers have the right to remove themselves from situations dangerous to health or safety without jeopardizing their employment.

The Ministry of Education and Employment generally enforced minimum wage and hours of work requirements effectively in the formal economy. The Occupational Health and Safety Authority (OHSA), a government entity composed of representatives of the government, unions, and employers, conducted regular inspections at worksites and cited a number of offenders. Nevertheless, enforcement of health and safety standards continued to be inconsistent. There were media reports that in at least the construction industry, the number of labor inspectors fell short of the ILO standard.

Workers in the informal economy did not have the same protection but were able to file complaints against companies that failed to provide a safe work environment. Many workers were unaware of their rights and social welfare programs because they avoided state-run agencies over concerns about their work or immigration status.

Authorities did not stringently enforce standards in the informal economy, which consisted of approximately 5 percent of the workforce and encompassed various sectors of working society, including day laborers and self-employed individuals. The OHSA imposed fines on companies that did not comply with minimum safety standards in the formal economy and, to a lesser extent, the informal economy.

Industrial accidents remained frequent, particularly in the manufacturing, building, and construction sectors, with reported incidents up by nearly 4 percent in the first half of 2018, according to the National Statistics Office. The OSHA reported four fatalities in 2018, its most recent published finding. Although the government reported steady progress in improving working conditions, authorities conceded that the labor shortage, coupled with language barriers and lack of required certifications, contributed to unsafe conditions in some workplaces.

Irregular migrant workers, who made up a small but growing percentage of the workforce, sometimes worked under conditions that did not meet the government’s minimum standards for employment. The Agency for the Welfare of Asylum Seekers, in coordination with Jobs Plus, which is administered by the government, organized informational programs to help individuals pursue employment and obtain work permits. The latest economic growth figures require nearly 10,000 new workers annually, so many jobs continued to be filled by regular and irregular migrants.

Marshall Islands

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for freedom of association, and the government interpreted this right as allowing persons to form and join independent labor unions. The law neither provides for nor prohibits collective bargaining or the right to strike. The law does not specifically prohibit antiunion discrimination, nor does it require the reinstatement of workers fired for union activity.

The government enforced freedom of association laws. Penalties take the form of fines and were sufficient to deter violations.

With a small number of major employers, there were few opportunities for workers to unionize. Independent trade unions did not exist, and there were no NGOs promoting the rights of workers.

The law prohibits and criminalizes all forms of forced labor and prescribes penalties which are sufficient to deter violations.

The government did not effectively enforce the law. There were no reports of government enforcement, and there were no reported investigations of forced labor.

There were reports of families holding or attempting to hold extended relatives, including children, in domestic servitude, but there were no known formal allegations made or convictions for this practice. There were also reports some foreign fishermen were subjected to conditions indicative of forced labor on ships in Marshallese waters.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

There is no law or regulation setting a minimum age, hours of work, or occupational health restrictions for employment of children. The law prohibits exploitation of children younger than 18, including in the worst forms of child labor, child begging, and child domestic work. Penalties were not sufficient to deter violations. No information was available on government enforcement efforts regarding the worst forms of child labor.

Children typically did not work in the wage economy, but it was common for them to assist their families in fishing, agriculture, retailing, and other small-scale enterprises. This was particularly true in the subsistence economies of the more remote atolls where copra production can take children from school and may reduce educational outcomes.

The constitution states that no person may be treated in a discriminatory manner under law or by public officials. Labor laws and regulations do not specifically prohibit employment discrimination. The constitution states that the attorney general, in all cases of violations of the constitution, whether by private or public officials, has the standing to complain of the violation in judicial proceedings. The criminal code does not stipulate any specific penalty in such cases. There were no formal complaints of employment discrimination during the year. No law mandates equal pay for equal work; government employees receive pay equity. Under the law citizens receive preference in hiring, and noncitizen workers are hired only to supplement the local work force when no citizens qualify for the job. The law requires that employers who hire foreign workers pay a fee used for training citizen workers. Many employers willingly paid the fee to hire technically skilled labor, which was not widely available in the country.

The law establishes a minimum wage which is not above the poverty line. The government has not effectively enforced the law. The minimum wage does not apply to casual workers or family employees.

Foreign employees and local trainees of private employers who invested in or established a business in the country are exempt from minimum-wage requirements provided the employer receives government authorization. Most foreign workers, who constituted approximately 30 percent of the workforce (excluding agroforestry), and most of the professional and technical classes in the country earned considerably more than the minimum wage. Their earnings were estimated to average at least 50 percent higher than those of local workers.

The law provides for a standard workday of eight hours but places no restrictions on the amount of overtime that could be worked.

No legislation provides protection for workers who file official complaints about conditions that endanger their health or safety. The law does not provide for workers to remove themselves from situations that endanger health or safety without jeopardy to their employment.

Occupational health and safety standards are generally appropriate. The Board of Inquiry within the Ministry of Foreign Affairs has the authority to make recommendations to the Nitijela on working conditions, such as the minimum wage, legal working hours, overtime payments, and occupational health and safety standards for workers. There were no policy recommendations or political initiatives by the Board of Inquiry during the year, however, and the board did not conduct any health and safety inspections of workplaces. The board is empowered to do so, but it does not have dedicated inspectors to carry out inspections to enforce sufficient compliance. The law provides no protections for informal sector workers, which generally included work on a family farm or in copra production.

Mauritania

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law allows all workers, except members of police, armed forces, and foreign and migrant workers, to form and join independent unions of their choice at local and national levels and provides for the right to conduct legal strikes and to bargain collectively. Other provisions and laws severely restrict or excessively regulate these rights. The government did not effectively enforce applicable laws, and penalties were not sufficient to deter violations.

Prior authorization or approval by authorities is required before a union may be recognized. The public prosecutor must authorize all trade unions before they enjoy legal status. The public prosecutor may provisionally suspend a trade union at the request of the Ministry of Interior and Decentralization if ministry officials believe the union has not complied with the law. The law also provides that authorities may initiate legal proceedings against union leaders who undermine public order or make false statements. This law, in effect, authorizes administrative authorities to dissolve, suspend, or deregister trade union organizations by unilateral decision.

Noncitizens do not have the right to become trade union officials unless they have worked in the country and in the profession represented by the trade union for at least five years. Labor unions must obtain government authorization in order to hold labor elections. Despite previous promises by the government to do so, it has not authorized union elections since 2014. The government has promised to restore union elections on multiple occasions since suspending them in 2014 but has not yet done so.

Bargaining collectively at the national level requires previous authorization or approval by the president, who decides how collective bargaining is organized. No such authorization is required for collective bargaining at the company level. The minister of labor, public service, and modernization of the administration may call for bargaining among employers, employees, labor unions, and the government. In addition the ministry is entitled to take part in the preparation of collective agreements. The law provides that the meeting must occur 15 days following a statement of nonagreement between parties.

The law provides for the right to strike, except for those working in services deemed essential. Aggrieved parties must follow complex procedures before conducting a strike action. If negotiations between workers and employers fail to produce an agreement, the case is referred to the Court of Arbitration. If the court fails to broker a mutually satisfactory agreement, workers may have to wait up to four additional months from the time of the decision before they can legally strike. The government may also dissolve a union for what it considers an illegal or politically motivated strike. The law prohibits workers from holding sit-ins or blocking nonstriking workers from entering work premises. Workers must provide advance notice of at least 10 working days to the Ministry of Labor, Public Service, and Modernization of the Administration for any strike.

The government did not enforce the law effectively and did not provide adequate resources for inspections. While authorities seldom punished violators, on several occasions the government ordered the reinstatement of workers who were wrongfully terminated or directed companies to improve employee benefits and services. While antiunion discrimination is illegal, national human rights groups and unions reported authorities did not actively investigate alleged antiunion practices in some private firms.

Freedom of association and the right to collective bargaining were not fully respected, although unions exercised their right to organize workers during the year. Collective bargaining at the company level, however, was rare. Longshoremen of the Autonomous Port of Nouakchott observed a general strike in July 2018. On June 14, longshoremen occupied the central market of Nouakchott to claim the full implementation of the agreements reached during the strike the previous year. According to the Mauritanian Workers’ Free Confederation, the authorities dismissed thousands of longshoremen without giving them their rights, adding that the walkout came in response to the “arbitrary policies and decisions” taken against the carriers.

Registration and strike procedures were subject to lengthy delays and appeals. Labor ministry officials routinely issued notices calling on all parties to negotiate. Such notices legally restrict workers from striking for a period of four months. Workers and unions organized several strikes and, in an improvement over previous years, authorities only occasionally employed force to disperse them.

The law prohibits most forms of forced or compulsory labor, including by children. It also criminalizes the practice of slavery, which includes forced labor and child labor, and imposes penalties, both on government officials who do not take action in response to reported cases and on those who benefit from contracting forced labor. The constitution and the Law on the Criminalization of Slavery and Punishing Slave Practices makes the offense “a crime against humanity.” The antislavery law grants civil society organizations the right to file complaints in court on behalf of victims as civil parties; however, many civil society organizations reported difficulty in filing complaints on behalf of victims. The law also provides free legal assistance for victims and refers to their right to compensation. Although the government continues to take some actions towards ending the practice of slavery, including increased engagement with civil society groups after the change of administration, efforts to enforce the antislavery law were considered inadequate.

Tadamoun, the government agency charged with combating the “vestiges” of slavery, received 750 million ouguiyas ($21 million) of public funding to underwrite infrastructure and educational programs to improve opportunities, primarily for the benefit of the Haratine community. Some national and international NGOs accused Tadamoun of corrupt practices, of not effectively targeting its funding to the Haratine community, and of doing little to facilitate the prosecution of slavery cases in the country.

On November 28, President Ghazouani announced the creation of a new institution to replace Tadamoun and intensify government efforts to combat slavery and address the social and economic conditions that have left many citizens vulnerable to forced labor. The General Delegation for National Solidarity and the Fight against Exclusion, or Taazour, has a larger budget, a broader mandate, and greater authorities than Tadamoun, with its head holding the rank of minister and reporting directly to the presidency. With a budget of 20 billion ouguiyas ($55 million) over the next five years, Taazour is mandated to implement projects designed to improve living conditions and provide skills to members of historically marginalized communities. The institution has the authority to coordinate projects of other government agencies in order to maximize their impact. Taazour retains Tadamoun’s prior authority to file criminal cases on behalf of victims of forced labor or exploitation.

Other than Tadamoun/Taazour, the only entities that can legally file criminal cases on behalf of former slaves are registered human rights associations that have been legally operating for five years. The government continued to prevent the registration of certain antislavery organizations and associations that work for the promotion and protection of the Haratine community; these include former slave groups that would have been able to submit complaints once their five-year probationary period had expired.

The Initiative for the Resurgence of the Abolitionist Movement (IRA), one of the most active organizations fighting slavery in the country, has been prevented from registering since its creation in 2008. The government’s previous refusal to register IRA and other human rights NGOs who could have helped to file complaints on behalf of slavery victims was a contributing factor to the underutilization of the three Specialized Antislavery Courts.

In October the Nema Antislavery Court convicted five individuals across three separate cases of practicing slavery in violation of the 2007 antislavery law. The perpetrators, who are believed to reside in northern Mali, were convicted in absentia, with warrants issued for their rendition and arrest. The victims were each granted five million ouguiyas ($140,000) in financial compensation as well as provided with civil registration documents, and the convicted perpetrators were sentenced to between five and 15 years in prison.

In March 2018 the Nouadhibou Antislavery Court adjudicated its first two slavery cases by convicting and sentencing three slaveholders. A woman was convicted of enslaving three sisters in Nouadhibou and was sentenced to 10 years’ imprisonment. The woman was released two months later due to her age and health. In April 2018 the Nouakchott Antislavery Court sentenced two defendants in two separate cases to one year in prison and a fine of 25,275 ouguiyas ($702) for the crimes of libel and slavery. The third case, in which the defendant was accused of slavery, was postponed pending a decision of the Nouakchott appeals court. The Supreme Court ultimately dismissed the case and closed the file.

Slavery and slavery-like practices, which typically flowed from ancestral master-slave relationships and involved both adults and children, continued throughout the year. Although reliable data on the total number of slaves does not exist, local and international experts agreed hereditary slavery and slavery-like conditions continued to affect a substantial portion of the population in both rural and urban settings. Enslaved persons suffered from traditional chattel slavery, including forced labor and forced sexual exploitation. Human rights groups reported that masters coerced persons in slavery and slave-like relationships to deny to human rights activists that such exploitative relationships existed.

In 2015 the government asked the International Labor Organization (ILO) for a program to assess the scope of forced labor in the country. Among other activities, the Bridge Project supports research in the country on recruitment mechanisms and employment conditions to help identify different types of employment that may involve slavery or slavery-like practices. In January the Ministry of Labor accelerated work on the Bridge Project after several months of delay and was on schedule to complete the project in September 2020.

Former slaves and their descendants remained in a dependent status vis-a-vis their former slave masters due to a variety of factors, to include cultural tradition, a lack of marketable skills, poverty, and persistent drought. Some former slaves and descendants of slaves were forced to revert to a de facto slave status by working for their former masters in exchange for some combination of lodging, food, and medical care. Some former slaves reportedly continued to work for their former masters or others under exploitative conditions to retain access to land that they traditionally farmed. Although the law provides for distribution of land to the landless, including to former slaves, authorities rarely enforced the law.

Former slaves in subservient circumstances were also vulnerable to mistreatment. Women with children faced particular difficulties. Because they were particularly vulnerable and lacked the resources to live independently from their former masters, they could be compelled to remain in a condition of servitude, performing domestic duties, tending fields, or herding animals without remuneration.

Some former slaves were coerced into continuing to work for their former masters, who relied on adherence to religious teachings and a fear of divine punishment to keep these individuals enslaved. Former slaves were often subjected to social discrimination and limited to performing manual labor in markets, ports, and airports.

Slavery, forced labor, and de facto slavery were more prevalent in areas where educational levels were generally low or a barter economy still prevailed, and prevalent to a lesser degree in urban centers, including Nouakchott. The practices commonly occurred where there was a need for workers to herd livestock, tend fields, and do other manual or household labor. Nevertheless, such practices also occurred in urban centers where young children, often girls, were retained as unpaid domestic servants (see section 7.c.).

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The General Child Protection Code, enacted in June 2018, forbids some, but not all of, the worst forms of child labor. The labor code sets the minimum age for employment at 16. Nevertheless, it allows children as young as 12 to be employed in most forms of family enterprise with authorization from the Ministry of Labor, Public Service, and Modernization of the Administration, as long as the work does not affect the child’s health, exceed two hours per day, or occur during school hours or holidays. The labor code states employed children between ages 14 and 16 should receive 70 percent of the minimum wage and those who are 17 and 18 should receive 90 percent of the minimum wage. Children should not work more than eight hours a day, should be given one or several one-hour breaks, and may not work at night. Children working in unpaid, temporary, or noncontractual work do not have the same protections under the child labor laws and regulations as do children working in contractual employment.

The Ministry of Labor, Public Service, and Modernization of the Administration authorized children as young as 13 to do work in a variety of areas, resulting in children doing hazardous work by government authorization in the areas of agriculture, fishing, construction, and garbage removal. Additionally, the government does not legally prohibit all forms of hazardous work as defined by international law.

The General Child Protection Code increases the penalties associated with violations of child labor laws and criminalizes commercial sexual exploitation of children and forced begging. It also increases the prison term for trafficking children. The penalties were generally insufficiently enforced to deter violations. The law does not prohibit hazardous occupations and activities in all relevant child labor sectors, including domestic work and agriculture. The law prohibits the use of children for illicit activities, such as the production and trafficking of drugs.

The government did not effectively enforce the law. Existing mechanisms for exchanging information among agencies or assessing the effectiveness of child labor laws were not active during the year. There was no specific mechanism for submitting complaints, other than to labor inspectors or the Special Police Brigade for Minors. NGOs were the only organizations that handled cases of child victims, referred them to the Special Police Brigade for Minors, and pressured the government to adjudicate the cases or integrate the victims in social centers or schools during the year.

The CNDH’s 2016 annual report, which had the most recent numbers available, stated that 26 percent of children between ages of 15 and 17 worked. The report indicated the proportion of children between ages of 12 and 14 who performed some work was up to 22 percent. The report also stressed that exploitation of girls was more frequent in domestic work.

An unknown number of talibes (religious students), nearly all from the Halpulaar community, begged in the streets and gave the proceeds to their religious teachers as payment for religious instruction. There were reliable reports that some marabouts (religious teachers) forced their talibes to beg for more than 12 hours a day and provided them with insufficient food and shelter. The government continued a program to reduce the number of talibes and cooperated with NGOs to provide talibes with basic medical and nutritional care.

Child labor in the informal sector was common and a significant problem, particularly within poorer urban areas. Several reports suggested girls as young as age seven, mainly from remote regions, were forced to work as unpaid domestic servants in wealthy urban homes. Young children in the countryside were commonly engaged in cattle and goat herding, cultivation of subsistence crops, fishing, and other agricultural labor in support of their families. Young children in urban areas often drove donkey carts, delivered water and building materials, and were very active in garbage collection. Street gang leaders occasionally forced children to steal, beg, and sell drugs. In keeping with longstanding tradition, many children also served apprenticeships in small-scale industries, such as metalworking, carpentry, vehicle repair, masonry, and the informal sector.

The government continued to operate seven Centers for Protection and Social Integration of Children in Difficult Situations: one in each of the regions of Kiffa, Nouadhibou, Aleg, and Rosso, and three in Nouakchott. During the year these centers hosted 614 children.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

The law prohibits discrimination based on race, disability, religion, political opinion, national origin, citizenship, social origin, sexual orientation or gender identity, age, or language, but the government often did not enforce the law. Discrimination in employment and occupation occurred with respect to race and language. For example, in conformity with long-standing practice, the advancement of both Haratines and sub-Saharans in the armed services remained limited.

The law provides that men and women should receive equal pay for equal work. The two largest employers, the civil service and the state mining company, observed this law; most employers in the private sector reportedly did not. In the modern wage sector, women also received family benefits, including three months of paid maternity leave. Women faced widespread employment discrimination, because employers usually preferred to hire men, with women overrepresented in low-paying positions (see section 6).

The law provides for a national minimum wage that is more than the most recent estimate for the poverty income level. The law provides that the standard legal nonagricultural workweek must not exceed either 40 hours or six days unless there is overtime compensation, which is to be paid at rates graduated according to the number of supplemental hours worked. Domestic workers and certain other categories could work 56 hours per week. The law provides that all employees must be given at least one 24-hour rest period per week. There are no legal provisions regarding compulsory overtime.

The government sets health and safety standards, and in principle workers have the right to remove themselves from hazardous conditions without risking loss of employment; however, this was rarely applied. The law applies to all workers in the formal economy, and the labor code applies to all formal workers regardless of nationality. Penalties were not sufficient to deter violations.

The Labor Office of the Ministry of Labor, Public Service, and Modernization of the Administration is responsible for enforcing labor laws but did not do so effectively. The ILO reported that a significant pay gap between staff in the labor inspectorate and staff in other government inspection departments who receive better remuneration (such as tax inspectors or education inspectors) led to attrition of personnel. The number of labor inspectors, however, was sufficient for the labor force. The ILO also reported that the labor inspectorate was subject to undue influence by employers and the government, thereby reducing the effectiveness of inspection activity.

The majority of the working population labored in the informal sector, primarily in subsistence agriculture and animal husbandry. According to the General Confederation of Mauritanian Workers (CGTM), only 25 percent of workers filled positions accorded regular pay.

Despite the law, labor unions pointed to conditions approaching forced labor in several sectors, including the food processing industry. In these sectors workers did not have contracts or receive pay stubs. Their salaries were below the official minimum wage, and they worked in unfavorable conditions. They occasionally did not receive pay for several months.

Working conditions in the fishing industry were similarly difficult. Commercial fishermen reportedly often exceeded 40 hours of work per week without receiving overtime pay. Additionally, some factory workers employed by fish-processing plants and boat manufacturers did not receive contracts guaranteeing the terms of their employment. Government inspections of fishing vessels, processing plants, and boat factories remained rare.

Violations of minimum wage or overtime laws were frequent in many sectors but more common in the informal economy, which includes domestic service, street vending, artisanal fishing, garbage collection, bus fare collection, donkey-cart driving, apprenticeship, auto repair, and other similar types of employment. According to the CGTM, the National Agency of Social Security registered 187 workplace fatalities or injuries during the year, comparable with previous years.

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