In 2011, a 7-year-old Mauritanian girl named Maymouna made a
dangerous, life-changing decision: She fled the captors who had
enslaved her for her entire life.
Seeking freedom, she travelled 280 kilometres before finally
meeting human rights activists who helped her file a lawsuit
against her slaveholders.
Maymouna is now 18-years-old, and despite her 2011 lawsuit,
neither of her perpetrators have been imprisoned, nor has she
received any compensation.
This is not an isolated case –– dozens of complainants like
Maymouna have won their cases in Mauritanian courts but await
enforcement. Simultaneously, similar cases have been presented to
the courts but remain entirely undealt with. These neglected cases
sit amidst sweeping anti-slavery legislative efforts since 1960s
post-independence Mauritania.
This comes despite the wide ranging anti-slavery laws legislated
since the 1960’s in post-independence Mauritania.
In 1981, the country’s former military president, Mohamed Khouna
Ould Haidalla, issued a presidential decree to abolish and combat
slavery.
In the country’s first election in 2007, an anti-slavery law was
enacted.
In 2011, a 7-year-old Mauritanian girl named Maymouna made a
dangerous, life-changing decision: She fled the captors who had
enslaved her for her entire life.
Seeking freedom, she travelled 280 kilometres before finally meeting
human rights activists who helped her file a lawsuit against her
slaveholders.
Maymouna is now 18-years-old, and despite her 2011 lawsuit, neither of
her perpetrators have been imprisoned, nor has she received any
compensation.
This is not an isolated case –– dozens of complainants like Maymouna
have won their cases in Mauritanian courts but await enforcement.
Simultaneously, similar cases have been presented to the courts but
remain entirely undealt with. These neglected cases sit amidst
sweeping anti-slavery legislative efforts since 1960s
post-independence Mauritania.
Most recently, in 2015, law No. (031/2015) was passed, describing
slavery as a crime against humanity. The law calls for the punishment
of perpetrators of slavery with a prison sentence and mandatory
compensation for the victims.
According to Article (7) of the law, he fine amounts to
250,000
to
5 million
ouguiyas, that is, $700 - $14,000.
Seven years after the enactment of the law, however, Maymouna and other
victims remain uncompensated and disadvantaged.
Mauritanian human rights organizations have noted several obstacles in
their efforts to prosecute perpetrators of slavery crimes –– prominent
among these, they say, is tribal influence, elite involvement and legal
loopholes.
Maymouna’s slaveholders, Sheikh Ahmed Ould El-Siyam and Anjieh
Ould El-Siti, may have benefitted from their tribal status.
According to the Mishaal Al Hurriya Organization (The Torch of
Freedom), those who enslaved Maymouna belong to influential tribes
in the suburbs of Inbekt Lhwash, a city to the east of the
country.
Maymouna and her family fell victim to slavery in Libyar, a
village also to Mauritania’s east.
In the eastern regions of Mauritania, Maymouna’s domestic work ––
which included tending to herds and fetching water –– should have
earned her between $28 and $42 per month. All before turning
seven, she did this work not only for her slaveholders, but for
their cousins as well.
Maymouna did not hear a ruling for her 2011 case until 2019. The
2019 ruling called for the imprisonment of both slaveholders and a
penalty fine –– including a mandate to free the rest of Maymouna’s
family from slavery.
More than three years have passed, but these sentences have not
been implemented.
Doctor El-Hussein Mohamed Jinjin, professor of international
humanitarian law and collaborator at the Modern University of
Nouakchott, explains that the public prosecutor in state courts
has the right to follow up on verdicts and exercise power in
implementing sentences. This has not happened in Maymouna’s case
nor others, as follow-up on cases lags and authorities remain
unpressured to implement the law.
Maymouna remains uncompensated and disadvantaged from her history
of enslavement. She was unable to complete her studies because she
did not have an ID –– an effect of the failure to implement the
judicial ruling. Because of this, she has been forced to stay at
home with the family of the human rights activists who originally
helped her.
Fal, a 26-year-old man from Dar Naim, was promised a religious
education by a neighbour when he turned eleven. Condoned by Fal’s
family, who did not know the neighbour’s intentions, Fal was taken
over 700 kilometres eastward to Bahriyya.
This was the village in which Fal would suffer as a slave for the
next 12 years.
Fal says he experienced physical torture at the hands of his
slaveholder, who forced him to tend to the sheep herd and
threatened punishment and deprivation of food.
In the summer of 2017, Fal took a chance similar to Maymouna’s ––
on the command to find pasture and water for the livestock, he
fled into the desert, moving from place to place until meeting a
shepherd who brought him to Kiffa.
Fal lived there for a while before moving to Guérou, where he
stayed for a year and a half working on his first monthly salary.
Yet, there were pieces of Fal’s pre-slavery life still to be
recovered: most importantly, his relationship with his mother.
Fal had last seen his mother twelve years back, when he was sure
he would return on his school breaks. Finally, in July 2019, Fal
went back home to look for her. After a long search, Fal located
relatives who told him that she had died from severe illness.
Not long after, in late 2019, Fal filed a case at the court in
Kiffa against his alleged slaveholder with the help of Najdat Al
Abeed (SOS Slaves), a human rights organization.
Despite pressure from human rights activists, Fal’s case was
postponed at several stages. The first trial hearing was held only
in August 2021, where Fal gave testimony about the physical
torture and humiliation he endured under his captor.
The accused attended the trial, but without the relatives the
court mandated he bring. This absence postponed Fal’s case
indefinitely.
According to Fal and Najdat Al Abeed’ (SOS Slaves), the accused is
involved in the social circles of Mauritanian President Mohamed
Ould Sheikh El-Ghazwany.
There are several legal loopholes in Mauritania’s slavery law
(031/2015), Ahmed Ould A’ali, a lawyer defending slavery victims,
said; for example, neglecting the allocation of time to
interrogate those accused of enslavement.
This, he said, is a loophole which serves the purposes of
slaveholders and their accomplices –– like sheikhs of tribes or
high-ranking officials –– in order to foreclose litigation on
slavery cases.
Another legal expert, El-Hussein Mohamed Jinjin, explained that
the Law on Criminalizing Slavery mandates judges who are informed
of one or more crimes mentioned in this law to take urgent
appropriate action against the perpetrators, and to guarantee the
rights of victims.
Fal, like Maymouna, remains at home. In the capital city, he
continues to work for a monthly wage.
One thousand and five hundred kilometres east from Fal and
Nouakchott, 30-year-old Mabrouka laboured in unpaid domestic work
for the family of Atwal Amr Ould Eideh.
In 2015, after 25 years, she escaped her slaveholder. She
travelled until meeting human rights activists in the city of
Bassikounou.
With their help, Mabrouka filed a lawsuit against Atwal Amr Ould
Eideh, who confessed to the crimes listed against him.
One of the case documents notes that Mabrouka had been his “slave”
since he inherited her from his family when she was not even
4-years-old.
Mabrouka waited five years for the court to hear her case, but
Atwal Amr Ould Eideh, despite the summons, did not attend the
hearing.
The judge sentenced him to 15 years in prison and demanded he pay
five million ouguiyas, $14,000, as compensation for Mabrouka, who
was to be immediately registered in the population records of
Mauritania.
This court ruling was never enforced.
As experts have noted, tribal influence may be to blame. According
to the coordinator at Najdat Al Abeed (SOS Slaves), Atwal Amr Ould
Eideh has tribal influence in Bassikounou and its suburbs. He also
hails from a tribe that has customary control over some of those
areas.
Several other factors may have contributed to the lack of ruling
enforcement. Mohamed Ould Mubarak, secretary-general of Najdat Al
Abeed (SOS Slaves), said that slavery cases in Bassikounou were
oft-dismissed due to lack of judicial independence, the fact that
tribesmen were among the judiciary –– and siding with their
cousins who are slaveholders –– and an absence of general
political will.
Mabrouka now stays at home with her husband and children on the
Mauritanian border, where she continues to suffer economically.
Kheira, a 42-year-old, suffered under slavery for over half of her
life.
For 26 years in Itar, she tended to livestock, did domestic work
and fetched water from remote wells with no pay, Aziza Bint
Ibrahim, a regional coordinator of Najdat Al Abeed (SOS Slaves),
reported.
In 2006, Kheira fled to another village.
The story is familiar by now: Kheira filed a complaint against her
slaveholders which was met with delays. This time, however, tribal
influences pressured Kheira directly to drop charges.
Kheira’s slaveholders hailed from an influential family based in
the north of the country. Unignorable pressures on her older
brother ultimately forced her to drop the case.
Today, Kheira is trying to file a new lawsuit against her former
enslavers.
“I want justice to take its course,” she said. “It is unfair that
I was enslaved for all these years while none of those people are
brought to court.”
Kheira supports two children and does not have a job that
guarantees a salary which will cover her and her children’s
expenses. She is waiting for her complaint to be submitted to
court.
Around a year after Mauritania’s anti-slavery law was enacted in
2015, Amnesty International estimated the number of people in
Mauritania living in slavery at approximately 43,000.
In March 2018, Amnesty International denounced the increasing
repression exercised against those individuals and organizations
that condemn and support slavery victims.
More recently, the organisation denounced increasing repression of
enslaved people, and condemned individuals and networks which
support and enable slavery.
Despite Mauritania’s anti-slavery law and the many individuals and
organizations that have mobilised to combat slavery, a long path
awaits Maymouna, Fal, Mabrouka, Kheira, and the over-40,000
enslaved people in Mauritania.
ARIJ has contacted the Ministry of Justice in Mauritania for a
response to our investigation findings, but has not received a
response by the date of this investigation’s publication.