AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’ Rights
Kairaba Avenue, P. O. Box 673, Banjul, The Gambia
Commission Africaine des Droits de l’Homme & des Peuples
Tel: (220) 4392 962; Fax: (220) 4390 764 E-mail: achpr@achpr.gm; Website: http://www.achpr.org
PROMOTIONAL MISSION REPORT OF
COMMISSIONER YASIR SID AHMAD EL HASSAN, VICE
CHAIRPERSON OF THE AFRICAN COMMISSION ON HUMAN
AND PEOPLES’ RIGHTS TO THE ISLAMIC REPUBLIC OF
MAURITANIA
(3rd to 7th of October 2004)
African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
DRAFT PROMOTIONAL MISSION REPORT OF
COMMISSIONER YASIR SID AHMAD EL HASSAN, VICE
CHAIPERSON OF THE ACHPR TO
THE ISLAMIC REPUBLIC OF MAURITANIA
(3rd to 7th of October 2004)
CONTENTS OF THE REPORT
I-
INTRODUCTION
II-
TERMS OF REFERENCE OF THE PROMOTIONAL MISSION TO THE
ISLAMIC REPUBLIC OF MAURITANIA
A- GENERAL INFORMATION ABOUT MAURITANIA
B- OBJECTIVES OF THE MISSION
C- COMPOSITION OF THE DELEGATION OF THE MISSION
III-
RUNNING OF THE MISSION
A- MEETINGS WITH POLITICAL AUTHORITIES AND MEMBERS OF THE
CIVIL SOCIETY
B- MEETING WITH UNDP REPRESENTATIVE.
C- VISIT OF THE NOUAKCHOTT PRISONS
D- PRESS CONFERENCE.
IV-
CONCLUSIONS AND RECOMMENDATIONS
AB-
CONCLUSIONS
RECOMMENDATIONS
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
DRAFT PROMOTIONAL MISSION REPORT OF
COMMISSIONER YASIR SID AHMAD EL HASSAN, VICE CHAIPERSON OF THE
AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS TO THE
ISLAMIC REPUBLIC OF MAURITANIA
(3rd to 7th of October 2004)
I-
INTRODUCTION:
1. While carrying out its mandate of promotion of human and peoples’ rights
throughout Africa, the African Commission on Human and Peoples’ Rights
(hereafter refereed to as the African Commission or the Commission) pays
utmost importance to dialoguing with States Parties to the African Charter on
Human and Peoples’ Rights (the African Charter or the Charter) as well as other
stakeholders. The Commission equally pays due attention to harvesting accurate
ground information on the situation of human and peoples’ rights prevailing in
the State Parties to the Charter, beside the immense documentation, which it may
receive from various African and international human rights NGOs, civil society
and other players on the same.
2. The Commission also uses the opportunity of promotional missions to
disseminate human rights instruments and sensitise the population on Human
Rights culture and education, thus making the work of the Commission better
known.
3. Promotional missions are therefore planned and carried out within State Parties
and with due authorisation from the respective Governments, as regularly as
possible and to the extent of the financial resources of the Commission.
4. In the frame of these promotion visits to State Parties, Commissioner Yasir Sid
Ahmad El Hassan, Vice Chairperson of the African Commission, in his capacity
as the Commissioner responsible for promotional activities in the Islamic
Republic of Mauritania among other States Parties1, has decided to embark on a
one-week mission to that country from 3rd to 7th of October 2004. During the
mission, Commissioner El Hassan was accompanied and assisted by Mr. Robert
Ayéda Kotchani, Legal Officer at the Secretariat of the Commission.
5. The main objectives of the promotional mission to the Islamic Republic of
Mauritania, the matters to be raised and discussed with the respective official
authorities, civil society members and other stakeholders that the mission
delegation was scheduled to meet are described in the bellow Terms of Reference
drafted for the Mauritania mission.
6. In general, the delegation has been able to meet almost all the expected
stakeholders and the talks held with them were quite franc and fruitful as
described in the bellow report.
1 There is a geographical repartition of State Parties among the Members of the Commission and each
Commissioner is in charge of promotional activities in an average of State Parties. Commissioner El
Hassan is responsible for promotional activities in Chad, Egypt, Libya, Somalia, Djibouti and Mauritania.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
7. The arrival of the delegation in Mauritania coincided with an invasion of locusts
over Nouakchott and the whole country and the Government was considering
how best it could handle that problem, as the locusts are well-known for their
devastating effect on the culture and vegetation.
I-
TERMS OF REFERENCE OF THE PROMOTIONAL MISSION TO
THEISLAMIC REPUBLIC OF MAURITANIA:
A-
Legal basis for the dispatch of the promotional mission to
the Republic of Mauritania:
8. In pursuance of its mandate of promoting and protecting human rights in the
States Parties to the African Charter on Human and People's Rights, as provided
by Article 45 of the African Charter on Human and Peoples’ Rights, the African
to States Parties in order to hold talks with the Government authorities, the civil
society organisations and human rights NGOs.
9. The Republic of Mauritania has ratified the African Charter on Human and
Peoples' Rights on 14th June 1986 and therefore committed itself to fully
cooperating with the Commission, including on occasions of promotional
missions of the Commission.
B-
General information on the country and on the human rights
situation in the Republic of Mauritania:
a) Geography:
10. Mauritania is a Saharan country with a vast territory of 1.030.700 square
kilometres, is located in West Africa. The country shares borders with Algeria (in
the North), Mali (South East), Senegal (South West) and Western Sahara (in the
North West). It is also bordered by the North Atlantic Ocean in the West.
11. Mauritania has a total population of 2,700,000 inhabitants (estimations of 2002).
The average density is 2.6 habitants per square kilometre. The main cities are:
•
•
•
•
•
•
Nouakchott : 670.000 habitants;
Nouadhibou: 100.000 habitants;
Kaédi: 42.000 habitants;
Rosso: 30.000 habitants;
Fderik-Zouérat: 26.500 habitants; and
Atar: 20.000 habitants.
12. The main economical resources of the country are: dattes (fruits), Iron and sea
food. Mauritania also produces some spirit (it is the 4 world producer of Rhum).
Fishery is also an area where Mauritania has some resources. Save for the
floodable Valley of the Senegal River in the South, all the rest of the country is in
the Sahara desert.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
13. The population is constituted of Blacks from Arab-Berbere origin, Maures
(traditionally nomads but who tend to be settled nowadays because of
industrialisation projects and desertification). As for the pastoralists and farmers
of Negro African origin (the Toucouleurs, the Wolofs, the Peuls and the
Sonikés), they are settled in the Senegal River region.
b)
General human rights situation:
14. For years and more particularly since 2003, the Mauritanian security forces have
allegedly arrested hundreds of peoples (religious, politicians from the opposition,
and human rights activists) under diverse pretexts, namely the one of a campaign
to curb terrorist movements. There are allegations that some of the detainees are
subject to brutality during their detention.
15. The Government recently set free the totality of the arrested persons as presidential
elections are planned for early November 2004. However, some of these persons
have been indicted for high treason and have to report to courts. An undermined
number of militaries and civilians are still under custody following several allegations
of coup attempts uncovered by the Government since the beginning of 2004.
16. Freedom of expression is allegedly not respected by the Government for years now
and Non-Governmental organisations and media agencies are reported to be often
closed or denied access to public forums when they express criticism to the action of
the Government.
17. During the consideration of the Periodic Report of the Islamic Republic of
Mauritania in May 2001 (31st Ordinary Session), the African Commission
recommended the Government of the Islamic Republic of Mauritania to:
•
Enhance its efforts to raise awareness of human and peoples’ rights in
Mauritania.
•
Particularly emphasise on women and children in its programmes to fight
poverty in Mauritania and intensify its efforts to ensure access to
education and basic social services of women and children in Mauritania.
•
Intensify its awareness campaign to combat the spread of HIV/AIDS in
the country.
•
Continue cultivating a culture of respect for human rights in order to
reduce imbalances within the society and allow peaceful coexistence of
the various ethnic groups in the country.
•
Inform the African Commission on the status of its ratification of the
African Charter on the Rights and Welfare of the Child and the Protocol to the
African Charter on Human and Peoples' Rights on the Establishment of an African
Court on Human and Peoples' Rights.
•
Put in place to address the special needs of the vulnerable and minority
groups such as the nomadic groups, the elderly and people with
disabilities are inadequate.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
•
Put more effort in ensuring that the perception of women in the Islamic
Republic of Mauritania does not hamper their equal enjoyment of their
human rights. (The Commission recognized that of particular concern
was the potentially discriminatory application of repudiation in
Mauritanian marriages).
18. There are allegations of ongoing practice of slavery in Mauritania and the
Commission wrote in its concluding observations on the Report of Mauritania
presented at the 35th Session2 of the Commission, that the Report did not address
“the practice of slavery raised by some civil society organisations nor does it mention the results
obtained following the efforts made by the Government with the view to eliminating the
consequences of slavery”.
19. While preparing for the mission, Commissioner El Hassan held a meeting with
some Mauritanian NGOs right after the end of the 35th session, ton inform them
and discuss on the ways and means to make the mission successful.
c)
Objectives of the mission:
20. By sending the mission to the Islamic Republic of Mauritania, the African
Commission aimed at strengthening its relationship with Mauritania, a State Party
to the African Charter, by dialoguing with the authorities on all issues of
common interest regarding promotion of human rights.
21. It was understood that the talks that Commissioner El-Hassan would hold with
official authorities and other stakeholders would relate to:
a) Making the Commission and its work better known to the
Mauritanian authorities and civil society organisations and members;
b) Drawing the kind attention of the authorities to the obligations of
Mauritania to submit and present its overdue State report to the
African Commission.
c) The mission conducted by Commissioner Yasir Sid Ahmad ElHassan was equally supposed to express the availability and
willingness of the Commission to assist Mauritania in giving effect to
the provisions of the Charter, should the need arise;
d) Briefing the authorities on pending human rights instruments, which
Mauritania is yet to ratify; namely the following: the African Charter
on the Rights and Welfare of the Child, the Protocol to the African
Charter on the Establishment of an African Court on Human and
Peoples’ Rights and the Protocol on the Rights of Women in Africa.
e) The need for Mauritania to give full effect to the provisions of the
African Charter on Human and Peoples' Rights as well as other
2 The 35th Ordinary Session of the African Commission was held from 21st May to 4th June 2004 in Banjul,
The Gambia
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
human rights instruments that the it is a party to;
f) The need for the Government of Mauritania to encourage
Mauritanian human rights NGOs to attend the Sessions and other
activities of the Commission;
g) Whereabouts of allegation of slavery and violations of freedom of
religion in Mauritania.
h) Learning more about allegations of frequent arbitrary arrests and
detentions of citizens by the security forces
i) Meeting with Mauritanian Human Rights Organisations operating in
the country, learning about their activities and the ways and means of
developing/strengthening the cooperation between them and the
Commission;
j) Meeting political leaders of Mauritania to exchange with them on the
overall human rights and political situation so as to consider how it
could be improved, given the link between political context and
human rights situation.
k) Encouraging the state to establish an independent Human Rights
Institution for the promotion and protection of Human Rights in
accordance with Paris Principles and the Resolution of the African
Commission on Affiliate Status.
l) Visit Prisons and detention centers.
m) General distribution of all relevant promotion documents carried
along during the mission: copies of the African Charter, Rules of
Procedure of the Commission, and Criteria for application for
affiliate/observer status, the Protocol on the Court, the Protocol on
the Rights of Women in Africa, etc.
C-
Composition of the delegation of the mission:
22. The promotional mission to Mauritania was led by Commissioner Yasir Sid
Ahmad El-Hassan, Vice Chairperson of the African Commission. He was
accompanied and assisted by Mr. Robert Kotchani, Legal Officer from the
Secretariat of the Commission.
23. In order to collect maximum information from all possible sources, the
delegation was scheduled to meet high ranking political personalities, including
the Prime Minister, the Minister of Foreign Affairs, the Minister of Justice, the
Speaker of the Parliament, the Chief Justice, the Minister of Interior, the
President and Members of the Constitutional Court and any other
personalities having responsibilities regarding human rights.
24. It was also scheduled that the mission would meet the leaders of the chief
political parties in Mauritania, the head of the Bar Association, representatives of
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
the United Nations relevant agencies and various stakeholders of the Mauritanian
civil society organisations, in particular human rights NGO's.
II-
RUNNING OF THE MISSION:
A-
Personalities and others stakeholders met by the mission team and
substance of the talks held:
•
Sunday 3rd October 2004:
➢ Meeting with the Deputy Commissioner on Human Rights, Poverty Alleviation and Social
Integration:
25. During the meeting, the delegation was informed that the Commission on
Human Rights, Poverty Alleviation and Social Integration is an independent body
created by decree in 1998, to advise Government on human rights and poverty
alleviation and social integration. The Commission has relationship with various
partners, some of which are party to its Orientation Committee. The
Commission must account to both chambers of the Parliament on its activities.
26. Civil society organisations participate in the work of the Commission: each willaya
has a committee on human rights and poverty alleviation. The Commission sends
yearly missions to harvest grass-root information and suggestions. Regional
meetings are also held in order to evaluate the work of the Commission. As a
result, poverty rate was reduced by 14 percent in five years. Education rate was
improved to 96 per cent (49,7 percent for women) and it is expected that in 2006,
illiteracy will be eradicated.
27. The Deputy Commissioner also assured the delegation that the government is
committed to preparing and presenting its pending State reports to the ACHPR
and the UN system. Pending human rights instrument would also be ratified.
28. The delegation drew the attention of the deputy Commissioner and his
collaborator to the fact that Mauritania should establish National Human Rights
Institution constituted and functioning in accordance with the Paris Principles:
the Institution should be independent in terms of membership and budget and
fully cooperation with the civil society.
➢ Audience with His Excellency Mr. Mohammed Ghali Ould Sherif Ahmed, Minister of
Interior, Post and Telecommunications
29. The Minister said over 200 newspapers and press agencies freely operate in the
country and enjoy freedom of expression. The Ministry, he added, is committed
to guaranteeing that as well as security for the population. The Minister agreed
that security forces do need training in human rights but he added that the State
lacks resources for that. So some Human rights NGOs assist in that regard.
30. When Vice-Chairperson El Hassan raised the issues of banned political parties,
the Minister said a party which operates on religious and tribal basis cannot be
tolerated as this is against the Constitution. The independence of the judiciary, he
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
added, is guaranteed. Some citizens who were unduly arrested and detained were
set free and the Government tendered apologies to them. As to prisons and
conditions of detention, the Minister said the government works toward
improvement in that sector and any suggestions by the mission are welcome.
31. Upon the visit to the prison Vice-Chairperson El Hassan made some urgent
suggestions regarding some cases, and indicated to the Government that further
recommendations would be sent to it after consultation with the Special
Rapporteur on Prison and Condition of Detention in Africa and the entire
Commission
➢ Audience with His Excellency Mr. Mohamed Lemine Ould Selimane, Minster of Health and
Social Welfare
32. The Minister said the right to health and human welfare, which is enshrined in
the Constitution, must be guaranteed to all, especially the most vulnerable. Many
actions are therefore taken in that regard, according to the international
commitments of the country, that have permitted the allocation of more human
resources and facilities in the sector of health: all villages have a medical center;
regions have a regional hospital operated by qualified nurses and doctors. Some
diseases like the guinea warm, poliomyelitis have been eradicated and the fight
against HIV/AIDS is being intensified through specific programs of
sensitization. Medical treatments are provided at affordable costs to all through a
special project.
33. Upon request from Chairperson El Hassan, the Minister insisted on the fact that
all the activities of his department are coordinated with the ones of the High
Commission on Human Rights, Poverty Alleviation and Social Integration. He
deplored the fact that the number of doctors is still not enough to cover all the
needs, especially in remote areas.
➢ Audience with His Excellency Mr. Mohamed Mahmoud O. Abdallahi O. Boye, Minister of
Islamic Orientation, Original Education and Fight Against Illiteracy
34. The Minister said that thanks to the efforts of his department, illiteracy rate was
reduced from 78 to 46 percent in 14 years, as all stakeholders came together to
develop in 2003, a 2 years plan with the view to eradicating illiteracy or at least to
reduce it to less that 25 percent (70 percent of illiterate peoples are women). The
concrete objective of the campaign was to reduce illiteracy of 700000 people.
Some 115000 illiterate adults have been trained within the last six months. 500
other learners have followed distance courses through Frequency Modulation
radio broadcasting programmes carried out in collaboration with the Spanish
Government.
35. The Government, he added, funded this programme from international debt
reductions programmes. The Mauritanian authority made use of the national
services of graduate students as instructor in this programme. Vice Chairperson
El Hassan said that these experiences should be disseminated and followed in
other African countries where illiteracy is of serious concern.
9
African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
36. As regards obstacles encountered in the implementation of the programme, the
Minister said the enrolment of illiterate adults has not been easy because of
various prejudices. But the Minister said one could be happy with the result
achieved so far.
•
Monday 4th October 2004
➢ Audience with Honourable Mr. Rachid Ould Salah, Speaker of the National Assembly:
37. The Speaker explained the functioning of the Parliament made up with a Senate
and a National Assembly (81 members including 4 women, representing 7
political parties. Elected directly by the population by secret ballots from 53
constituencies). Asked whether it is envisaged to provide for a quota for women,
(positive discrimination), the Speaker responded that the general policy of the
Government is to encourage women to freely take part in the electoral process
and not by passing law granting them a quota in the National Assembly.
38. The Parliament passes laws on the rights of women, children and the family. The
1991 Constitution provides for human rights, namely equality of peoples in all
areas. The Commission for Human Rights, Poverty Alleviation and Integration
was created to fill the gap. The 5 Committees of the Parliament (Social &
Cultural Affairs, Defence, Justice & Internal Affairs, Economical Affairs,
External Affairs & Finance & Budgetary Affairs) are made of up to 15 members.
The audience also permitted exchange on the role of the National Assembly in
the ratification of human rights conventions, the monitoring human rights in the
country and latest developments in the establishment of the Panafrican
Parliament. The Speaker promised to closely follow up the ratification of the AU
pending human rights conventions: the African Charter on the Rights and
Welfare of the Child and the Protocol to the African Charter on Human and
Peoples' Rights on the Establishment of an African Court on Human and
Peoples' Rights.
➢ Audience with His Excellency Mr. Mohamed Val Ould Bellal, Minister of Foreign Affairs
and Cooperation.
39. During the meeting, the necessity to ratify pending instruments was discussed
and the Minister promised that action would be taken. He also promised that
Mauritania would support the work of the Commission but precise requests
should be sent in that regard. The Minister further encouraged the Commission
to work in an independent way and according to an African approach while
handling various human rights matters.
40. The difficulties encountered by the Secretariat of the African Commission were
also discussed and the Commissioner and the Minister both pleaded for adequate
resources to be allocated by the AU. It was agreed that the establishment of a
Human Rights Funds could be very useful in that regard.
41. Commissioner El Hassan also pleaded for Mauritania to encourage national
NGOs to participate actively in the activities of the Commission so as to
positively Impact on the Commission.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
➢ Audience with His Excellency Mr. Diabira Bakary, Minister of Justice
42. The Minister and Commissioner El Hassan discussed on the work of the
ACHPR and how the Ministry was handling matters relating to legislation,
prisons, magistrates, international law, etc. As regards training for judges, the
Minister said there are cooperation links which allow them to go to Italy, France,
Guinea, and Senegal for that purpose. Between January and September 2004,
about 140 judges were sent abroad for training and 55 more follow before the
end of 2004.
43. The total number of judges is 176, (95% of them speak only Arabic) including 15
graduated this year. Yet, therefore, there is shortage of judges and 7 to 8
Moukhataa in remote areas do not have judges. Prisons and conditions of
detention have improved, he added. But there still is no prison for women; a
house has been rented to host 18 women detainees, most of whose files are
under consideration at court level.
44. As for the 165 persons who were indicted in the frame of the June 2003 coup
attempt, the Minister said their cases were under study with due attention paid to
human rights principles. He assured the delegation that their physical and mental
integrity is preserved. The Minister also said that the source of law in Mauritania
is the shariaa law, which includes hadoud (seven prescribed penalties for seven
most serious prescribed crimes). However, these penalties are not implemented
in practice because it is very difficult to prove the crimes they are associated with,
in accordance with shariaa law system.
45. The minister admitted that most judges need training in human rights, especially
the African human rights system. He praised the idea of collaborating with
African Commission to hold a national training workshop whereby the African
Commission could send some Commissioner to train some judges and member
of the civil society organisations in general.
➢ Audience with His Excellency Mr. Mohamed Abdellahi Ould Babana, Minister of Culture,
Youth and Sports
46. During the meeting, Commissioner El Hassan thanked the Minister for the
efforts that he put in the organisation of the mission. In his turn, Mr. Babana
welcomed the delegation and said that his country has very good relationship
with the African Commission and is among the States that comply with the
decisions of the Commission. He added that his office has strategies on medium
and long terms in many areas including human rights and would appreciate any
advice from the Commission’s mission.
47. The Minister said the youth form the largest part of the population in Mauritania
and the Government is trying its best, with the assistance of various partners, to
educate and train them through specific projects like the fight against diseases
including HIV/AIDS. Sport, which is well-known for its importance for the
youth, is being developed through very ambitious projects aimed at building
infrastructures and developing educational programmes.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
48. As regards how far human rights are included into the plans of actions and how
far women are included in the participation of sport, Mr. Babana said that a State
party to the African Charter, Mauritania takes into account its relevant
provisions. Therefore, women fully take part in cultural and sportive activities.
Moreover, the relevant provisions of the African Charter are duly taken into
account in all programmes designed for the youth in Mauritania.
49. Commissioner El Hassan made the following suggestions to the Minister:
•
•
The Ministry should organise some activities aiming at disseminating
human right culture including a prize of the African Charter/Commission
to help the youth better understand the African human rights system.
The Ministry should organise a seminar together with the African
Commission and the Islamic Educational, Scientific and Cultural
Organisation (ISESCO) in Nouakchott in order to reflect on issues of
common interest, especially on the theme “Human Rights in Islam and
Islamic countries”.
➢ Audience with Her Excellency Mrs. Zeinebou Mint Mohamed Ould Nahah, State Minister
for Women Affairs
50. At that audience, Commissioner El Hassan urged Mauritania to ratify the
Protocol on the Rights of Women in Africa and the State Minister said
Mauritanian women take part in the management of political affairs at all levels.
The mentality of the peoples is not always favourable to women but the laws
provide for their full participation in politics, economics and others.
51. The Minister also said that Mauritania is a party to CRC, CEDAW, ILO. As
regards the Protocol on the Rights of Women in Africa and the African Charter
on the Rights and Welfare of the Child, she said her office has prepared a draft
law for ratification by the Parliament. So things are on good track.
52. As regards education for women in Mauritania, the government is putting efforts
in order to encourage schooling and empowerment of women, changing of
mentalities of the peoples as far as women are concerned. As regards polygamy,
the law gives the right to a woman to state in the contract of marriage that her
husband would not marry another woman. Mauritania ratified CEDAW with
reservations regarding all provisions that are contrary to the shariaa law.
53. The Minister explained that there is no Female Genital Mutilation (FGM) in
Mauritania but a form of female circumcision does exist against which, a National
Commission has been set up. The Commission works in collaboration with
traditional and religious chiefs and a fatwa3 has been issued, stating clearly that
female circumcision does not have any religious justification. Brochures have
been edited, seminars were organised in that regard.
54. The minister showed how the Igtehad (modernization of rules) in Shariaa law
according to Malki school of interpretation, contributed positively to the
3 Religious order
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
promotion of women rights, including areas of polygamy and inheritance,
conclusively governed by Shariaa law.
55. Vice Chairperson El hassan praised the issuing of this fatwa by religious sheiks,
and said it is as example, which could be followed in other Islamic countries
where some sheiks refused to do so, and by their refusal contributed to the
persistence of the practice on the assumption that it has religious justifications.
56. Lastly, it was agreed that a regional workshop would be organised for Islamic
countries and interested NGOs and stakeholders in order to reflect on issues like
polygamy, inheritance and others, vis-à-vis the CEDAW and other international
conventions. This would be done with the view to exchanging experiences and
reflecting on the modernization of old concepts of interpretations (Igtehad).
Tuesday 5th October 2004
➢ Audience with Mr. Kaba Ould Alewa, President of the Supreme Court
57. During the audience, Commissioner El Hassan and the President of the Supreme
Court discussed on the African system of human and peoples’ rights and the
judicial system in Mauritania, which is based on the shariaa or Islamic law. The
President of the Supreme Court explained the organisation and functioning of
the judicial system, stressing on the difficulties encountered: lack of homogeneity
of the training of magistrates that are trained in different countries under
different laws and legal systems (some magistrates know the shariaa law whereas
other don’t).
58. Under such circumstances, training is provided to magistrates at local level
through seminars. Some magistrates are also sent abroad. Provisions are made in
order to improve the working situation of magistrates: they are among the civil
servants earning the highest salaries and have secure tenure. The High Council of
Magistrate, which is presided over by the President of Republic, meets twice a
year to discuss freely of issues relating to the carrier and working conditions of
magistrates.
59. Although the law provides for women to be trained as magistrates, Mauritanian
women don’t show much interest to the job. As a result, there are no women
magistrates in Mauritania. Lack of resources makes it impossible for all the
willayats, to have local courts and this has a negative impact on the administration
of justice in Mauritania.
60. Vice Chairperson El Hasaan recommended that the State should take positive
discrimination actions to encourage women to become magistrates, especially in
the field of women and family maters or juvenile justice, which are likely to be
better handled by women magistrates. Vice Chairperson El Hassan also stressed
the necessity to make local court operational in the different willayats
➢ Meeting with Mr. Mohamed Abderrahamane Ould Abdy, State Prosecutor
61. The State Prosecutor assured the delegation that the rule of law is respected in
Mauritania: people enjoy the right to a fair trial as there are sufficient, well-trained
13
African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
attorneys to do the job. There would however be a need for training for judges
and lawyers in the field of human rights. It is a pity, he said, that a considerable
number of women graduate from the faculty of law but do not show interest in
becoming judges, because of the weight of traditions and mentalities.
62. The State Prosecutor said that the police are bound to respect pre-trial detention
period (48 hours), which must not be prolonged without authorisation by an
attorney, the maximum period of detention being 4 days or 1 month if State
security is at stake. He added that policemen are severely sanctioned in case of
breach of the rights of the detainees. He acknowledged that cases of torture are
reported in pre-trial detention centers but rarely in prisons. There again, severe
sanctions are taken against the culprits.
63. The State Prosecutor also stressed emphasised the importance of training for
attorneys in the field of human rights and especially the African human rights
system.
➢ Visit of the central prison of Nouakchott
64. The mission visited the Central prison of Nouakchott under the direction of Mr.
Ahmed Ould Ahbed, the Director of the prisons of Nouakchott, who informed
the delegation that the prison was built in 1962 and has a capacity of 500 inmates.
The delegation learnt from a banner hanging at the front of the building that a
seminar on HIV/AIDS was recently held in the prison (from 3rd to 4th October
2004). The delegation visited the library of the prison (it has a capacity of about
20 persons) and was informed of the efforts that are made in order to sensitise
inmates about the danger of certain diseases including HIV/AIDS. Various
partners like the NOURAD Foundation (a local foundation), UNICEF, and
Caritas assist in that and also work toward social integration of prisoners once
they are set free.
65. A small shop held by one of the inmate was selling cigarette, matches, soap,
razors blades and other similar items. The visit of cells allowed the delegation to
notice that some of them had fans, Television and radio sets or other appliances.
However, as a whole, there was a serious problem of over-crowding. In a cell of
4 meters over 7, more than 10 inmates were detained. There was bad smell in
some cells. Some inmates complained of conditions of detention: poor and
insufficient food, poor clothing and sleeping conditions, lack of hygiene, etc.
66. The delegation also noticed that there was no separation between those inmates
already prosecuted and sentenced and those whose files were under consideration
or those in pre-trial detention. The Director said he did not know that there
ought to be separation between these categories of inmates.
➢ Visit of Children prison of Nouakchott
67. The Prison was a very old building where 18 children were detained for offences
like petty theft, rape or murder (very rare). There was enough space for the
inmates and the cells were clean. The delegation visited some classrooms and
workshops where the inmates are trained. There were programmes in French and
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
Arabic. The delegation was told that 5 teachers (women) are in charge of the
education and training of the inmates
68. Some NGOs like Caritas, Terre des Hommes, NOURAD and the UNICEF
assist the prison in various ways: legal advice, drugs, food. As a whole, those
inmates who were attending school continue their schooling in the prison and
those who were not attending school follow a programme of alphabetisation.
Inmates were sensitised vis-à-vis hygiene sicknesses like HIV/AIDS.
69. Vice Chairperson El Hassan talked with some inmates and checked some files.
He therefore noticed that at least one of those children should have been released
some days ago when he completed servicing of his sentence. This incident shows
that it was very important that files and records are checked regularly by the
competent authority, in order to avoid such problems.
➢ Visit of the Women prison of Nouakchott
70. The prison was an ordinary house for habitation that the Government rented in
2002 to use as prison for women. Before, there was no prison for women. There
were 15 inmates at the time of the visit. These included foreigners (2 Senegalese,
1 Guinean and 1 Moroccan). 2 of the inmates had 1 baby each.
71. The most frequent offences committed by the inmates were drug trafficking,
adultery, forgery, petty theft and sometimes murder. The conditions of detention
were acceptable even though the detention centre was not a prison per say, with
all the required facilities. Inmates expressed satisfaction at the way they were
treated in the prison. The delegation noticed that inmates cooperate among
themselves, cooking for themselves. There were no cells or restriction of
movement inside the house (prison).
72. However, the delegation also noticed 1 very young girl who was said to be
mentally ill. It has not been possible to determine exactly her age but the
delegation leant that she was sentenced to imprisonment for theft before it was
realised that she was insane. Her file was said to be under review so that she
could be sent to a specialised hospital for treatment. Like for the others prisons,
the NGOs also assist the women prison.
➢ Courtesy visit of some NGOs on the delegation
73. The delegation received the courtesy visit of Mrs. Irabiha Mint Abdel Wedoud
(President of the Forum National pour la Promotion des Droits de l’Enfant) and
Mrs. Sana Abass (President of the Society for Women and Aids – SWAA). The
leaders of these two NGOs said they came to know about the mission from the
newspapers, published the next day of the arrival of the mission to Mauritania.
74. Commissioner El Hassan fully briefed them on the activities of the African
Commission and the specific objectives of the mission to Mauritania. He further
informed them on the activities that the mission was able to achieve so far in
terms of visits and meetings and encouraged the 2 Presidents of NGOs to apply
for observer status with the Commission for better cooperation with the latter.
Documentation on the African Commission was distributed to the visitors.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
75. The NGOs explained their work, which includes empowerment of women, legal
assistance to prisoners, fighting against HIV/AIDS, and poverty, sensitisation on
the provisions of the CEDAW, and African human rights instruments like the
CRC. These activities, they said, are carried out with kind assistance from
partners like the World Bank, the UNDP, the UNHCR and local diplomatic
representations in Mauritania. they said it is very hard to find accurate statistics
on HIV/AIDS in Mauritania. They added that a National Center should be
created to take care of those who are HIV positive, those suffering from the
disease and to sensitise the population in general and in particular the youth, on
HIV/AIDS.
76. The NGOs informed the delegation that some medical doctors refuse to work in
certain remote areas and as a result, some villages yet densely-populated do not
have access to medical care unless the population moves up to 75 kilometres.
The same situation occurs in the education sector, they added.
77. As regards their conditions of work, the NGOs said they did not have problems
with the Government. However, they complained for not being involved in the
implementation of certain projects. They lamented the fact that the Government
usually refuses even positive and constructive criticism from NGOs and
considers them like political opponents. They further lamented the inactivity of
the Ombudsman and the Court of Accounts. NGOs also denounced lack of
transparency, embezzlement and impunity in the country. The Commission on
Human Rights Poverty Alleviation and Social Integration, they said, deals only
with certain NGOs that are close to the power.
78. Commenting on prisons and conditions of detention in Mauritania, the NGOs
lamented the fact that minor girls and boys were sometimes detained together
with adults. They therefore called for strict respect for international standards.
Wednesday 6th October 2004
➢ Audience with Mr. Hamadi Ould Meimou, Commissioner on Human Rights, Poverty
Alleviation and Social Integration
79. The meeting focussed on the process of the mission and the work of the
Commission on Human Rights, Poverty Alleviation and Social Integration, which
is a promotional and an advisory body. Mr. Hamadi Ould Meimou informed the
delegation of the efforts made by his office to raise awareness among the
population as regards human rights and for the ratification of pending human
rights instruments. He added that after verifying, they realised came to the
conclusion that the allegations of slavery in Mauritania that were made by certain
organisations were totally ungrounded.
80. The meeting also discussed the necessity for Mauritania to create a National
Human Rights Institution and the Minister said a decision would soon be taken
in that regard, as a NHRI is part of the project of good governance managed by
his office. He therefore described the strategic frame of fight against poverty
(2001-2015), which is evaluated periodically through seminars and meetings
gathering all stakeholders including donors and civil society organisation. Mr.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
Hamadi Ould Meimou stressed the fact that the core objective of his office is to
fight against poverty in a human rights perspective by providing certain basic
services: production of agricultural tools to produce more crops, building houses
for the poorest, providing farmers with seeds and beats for more production of
crops and products, assisting the peoples with disability and the needed,
welcoming, assisting and empowering beggars, etc. in collaboration with all
interested partners, especially NGOs and UN agencies.
81. As for the banning of certain organisations, Mr. Hamadi Ould Meimou said more
that 1 thousand NGOs operate in the country and that the 5 or 6 that did not get
authorisation to operate were based on religion, race, or ethnicity, which the laws
in Mauritania prohibit. He assured the delegation that his office has fruitful
cooperation with civil society organisations.
➢ Meeting with Mrs. Cecile Molineir, Representative resident if the United Nation Development
Programme (UNDP)
82. At the meeting, the necessity of the creation of a NHRI in Mauritania was
discussed and Mme Molinier said her office was part of the reflection team on
the matter. Poverty Alleviation, she added, is one of the key-programmes of the
UNDP in Mauritania. The UNDP has funded the improvement of prisons
conditions in Mauritania (especially for women and children) as well as the
promotion of human rights and the strengthening of the capacity of the civil
society organisations. A special component of the prograrmme concerns training
and advocacy for judges on the implementation of human rights instruments,
which is done in collaboration with the Ministry of Justice.
83. Given that the average Mauritanians do not know their rights, said Mrs. Molinier,
it is the responsibility of UNDP and other relevant stakeholders to remedy this,
together with the Commission on Human Rights, Poverty Alleviation and Social
Integration. Prison conditions were also discussed, especially, the necessity to
build a proper prison for women, the revision of cases of detainees, the fight
against HIV/AIDS, etc.
84. There are some issues relating the funding of NGOs by the UNDP through the
national programme and the issue of the evaluation of the national programme
on poverty alleviation. A third issue relating to the training of judges on human
rights was also discussed and it was agreed that some seminars should be
organised in that regard
➢ Audience with His Excellency Mr. Sghair Ould M’bareck, Prime Minister
85. Commissioner El Hassan thanked the Prime Minister for authorising his mission
to Mauritania and said the mission was processing quite well, thanks to the
assistance of the Commission on Human Rights, Poverty Alleviation and Social
Integration. Commissioner El Hassan also congratulated the Prime Minister for
the brilliant presentation he made on the Periodical Report of Mauritania during
the 32nd Ordinary Session of the African Commission4 drew the kind attention of
the Prime Minister to the following issues:
4 May 2002 in Pretoria, South Africa.
17
African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
•
•
•
•
•
•
•
•
The pending Human rights instruments that Mauritania is to ratify;
The necessity for the Government to involve NGOs to the conception
and the implementation of programmes at all levels;
The necessity for the Government to continue and intensify the fight
against poverty by fighting against impunity, promoting transparency and
accountability in the management of national resources/projects;
The need for Mauritania to support for the activities of the African
Commission on Human and Peoples’ Rights and to continue to
participate in the activities of the Commission and encouraging human
rights NGOs to do same;
The need for Mauritania to strengthen its partnership with UN agencies
for the development of the country;
The possibility for Mauritania to host another Session of the ACHPR5;
The necessity for Mauritania to conclude the reflection on the creation of
a National Human Rights Institution functioning according to
international standards for such institutions. The African Commission is
prepared to contribute in this effort of reflection.
Safety of detainees especially those relating to the resent incidence in
Mauritania and right to fair trial and legal assistance.
86. The Prime Minister commended the work of the African Commission and
expressed satisfaction at the holding of the mission, which he said, is an
opportunity for the Commission to assess the efforts that his country is making
in order to promote and protect human rights and compare the situation with
what is disseminated by certain NGOs which have hidden agendas. The Prime
Minister went on further to say that the peoples of Mauritania are tolerant but are
also pledged by extreme poverty and ignorance, which do not allow them to
enjoy their rights. Therefore, he said, the Government is putting efforts with the
assistance of the international community to fight against poverty and illiteracy
through programmes and plans of actions.
87. The Prime Minister also committed his Government to supporting the work of
the African Commission by working toward allocation by the African Union of
adequate resources to the Secretariat and by participating regularly in the
activities of the Commission. He added that the process of drafting the periodic
report of Mauritania would be speeded-up as well as the process of ratification of
pending human rights instruments.
88. As regards security of those arrested and detained in the frame of coups
attempts, the Prime Minister said that it is a concern of the Head of State to
ensure their right to fair trial despite the serious destructions that they occasioned
on certain public assets. He assured the delegation that those detainees enjoy
good conditions of detention and that the Minister of Justice and the Minister of
Interior have been given strict instructions so that these detainees do enjoy
decent conditions of detention, fair and transparent trial, right to visit by their
families and lawyers.
5 Mauritania hosted the 21st Ordinary Session of the ACHPR (15-24 April 1997)
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
➢ Meeting with the NGO community
89. Vice Chairperson El Hassan explained to the meeting the purpose of his mission
to the country and the purpose of this meeting, which is to have direct contact
with civil society organisations, especially human rights NGOs, in order to have
first hand information about the situation of human Rights in the Mauritania. He
invited the NGOs to speak freely during the meeting.
90. Vice Chairperson El Hassan further explained to the audience the role of the
African Commission in the field of promotion and protection of human rights in
Africa and the role of the civil society including the NGOs in the promotion and
protection of Human rights in the continent and in their own countries. He
invited those NGOs which did not do so to apply for observer status with the
Commission.
91. The meeting was attended by representatives from 14 NGOs working in various
fields of human rights (rights of women, rights of children, rights of peoples with
disability) and protection of the environment. In their interventions, the NGOs
representatives identified several positive achievements made by the Government
in several areas. But they also pointed out areas where problems subsist.
a) Positive achievements:
•
•
•
•
•
•
•
•
The Constitution of 1991 puts emphasis on the respect for human rights;
Government puts effort in ratifying human rights instruments and
instruments on the protection of the environment;
The new Family Code has innovative provisions as regards the rights of
women;
There are laws under drafting to ensure legal assistance for the needy;
Modern or traditional forms of slavery is totally prohibited and severely
repressed;
Government invites NGOs to participate in seminars and workshops on
human rights;
A law on the protection of refugees was adopted recently;
There is political will to do better in promoting and protecting human
rights in Mauritania.
b) Areas of concern:
•
•
•
•
Political will is not enough as regards promoting and protecting human
rights in Mauritania;
A lot of proclamations of good intentions are not followed by concrete
and positive actions by Government;
The administration is too bureaucratic, discriminatory and selective while
dealing with NGOs;
Slavery still has serious consequences because the mentality behind it
persists in the minds of formers masters and slaves; Extreme poverty
contributes to the persistence of that mentality in the minds of former
masters and slaves;
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
•
•
•
•
Peoples with disabilities are not provided with adequate facilities as
regards their social integration. As a result, in practice they are denied
several rights including the right to education, the right to vote and the
right to employment;
Government and administration usually do not accept criticism but only
praises from NGOs;
The rights of women are recognised “on paper” but retrograde mentality
and attitude from the population and from women themselves prevent
women from enjoying constitutionally recognised rights;
Gender-based violence, ignorance and poverty continue to be a concern
as regards the rights of women, more particularly in rural or remote area;
92. The NGOs also asked questions on the best way for the Commission to assist
Mauritania in addressing the human rights situation and Commissioner El
Hassan explained the procedure that is used by the Commission while dealing
with State Parties: constructive dialogue at the highest level, contact with civil
society organisations and other relevant partners.
➢ Meeting with a group of persons who requested to meet the delegation privately
93. At their request, a group of five persons were received privately by the
delegation. They exposed that the administration and more particularly the
Commission on Human Rights, Poverty Alleviation and Social Integration is
preventing their Network, the Cyberforum of Mauritanian NGOs (an initiative of the
UNDP and the Ministry of Foreign Affairs) from becoming an officially
recognised network operating in the country, by delaying ad infinitum the holding
of their General Assembly to elect their leaders.
94. They said there is a lot of financial and other interest at stake and that the
international community and donors have refused to allocate funding to NGOs
unless they are organised in a Network. Several attempts to hold a credible
General Assembly failed because of oppositions and blockages from the
administration. However, the NGOs managed to hold a General Assembly and a
Bureau was elected, which is not recognised by the authorities. The NGOs
requested the mission to take the matter up with relevant authorities so that
official recognition is granted to the Network or new dates are fixed for the
holding of another General Assembly where new elections would be held, to
allow the Network to start operating officially and freely.
95. Commissioner El Hassan thanked the NGOs for the information and requested
them to substantiate their complaints with documentation so that he could take
the matter up with the relevant authorities.
Thursday 7th October 2004
➢ Meting with the Trade Unions:
▪
Representatives of the General Confederation of Mauritanian Workers
96. The representatives of the Confederation of the Mauritanian Workers (an
independent Trade Union of 25000 members) informed the delegation on their
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
activities. They said the Government denied to about 400 Mauritanian workers,
their right to work in Mauritania and illegally deported them to Senegal in 1989,
under the pretext that they had forged their identity papers. Attempts to solve the
problems included letters sent to the Head of State and to the Mediator of the
Republic and reports to the ILO. A big number of workers could not access local
courts for lack of resources. Ay present, the problem of denial of nationality has
been solved but the workers have not been reintegrated into their posts.
97. Commissioner El Hassan promised to take the matter up with the authorities but
he requested the Trade Unionists to substantiate their complaints with relevant
documentation. He added that it is the obligation of Mauritania to guarantee the
right to work and to its citizens.
▪
The representative of the Union of Mauritanian Workers (Abderrahhmane
Ould Boubou, Secretary General)
98. Mr. Abderrahhmane Ould Boubou informed the delegation that his TU is the
first in Mauritania, has the responsibility to defend material and moral interests of
its 32700 members and is represented all over the country. He recognised that
there had been some problems in the functioning of the TU and that recently a
delegation of the ILO visited the country in that regard.
99. Commissioner asked the whereabouts of the Mauritanian workers who were
deported to Senegal and Mr. Abderrahhmane Ould Boubou said there was a
conflict between Senegal and Mauritania and some of the Senegalese living in
Mauritania were asked to go back to their country. He said he did not believe
these peoples were truly Mauritanians.
➢ Meeting with political parties
▪
The Popular Front (Mr. Cheickh O. M’Heimea, MP, Vice President and
Me Aly Kamara, National Secretary for Human Rights and Justice)
100.
They said human rights are a concern in Mauritania and that the
administration does not respect the laws including the Constitution. They added
that social justice is a failure whereas politically, agreement is refused to parties
and some are dissolved without valid reasons. They said civil war may start at any
time given the numerous coups attempts experienced these last years.
101.
They added that the last meeting of the UN Commission for Human
Rights in Geneva identified precise concerns about Mauritania (slavery,
ECOSOC rights) and made some recommendations, which Mauritania promised
to implement but nothing is done. Many human rights instruments have been
ratified but never implemented.
102.
In politics, they said the Party for Democratic Convergence (of Islamic
obedience) and the NOUHOUD party (of Baasist tendency) were denied official
recognition. The Parti d’Avant-Garde (a baasist party), the Union of Democratic Forces,
the party Action for Change, were dissolved without any valid reason.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
▪
The Union of Forces of Progress (Mr. Diallo Lassana, Deputy Secretary
General)
103.
Mr. Diallo Lassana said his party is following with keen interest the
human rights situation in the country and reacts to praise positive move and
blame violations. He lamented encroaches of the Executive over the Judiciary
and the Legislative as well as non-recognition of political parties, dissolution of
parties without valid reasons, fierce repression of peaceful demonstrations,
arbitrary arrests including of MP, etc.
104.
Commenting about the 1989 and 1990 events, which led to the
deportation of about 100000 peoples to Senegal or Mali, Mr. Diallo Lassana said
until then, those who have accepted to come back have not been indemnified
and are trying to survive amid very hard conditions. Political parties do not enjoy
constitutional rights. Civil servants and other citizens are made to miss many
professional opportunities or even loose their job only because they sympathise
with the opposition.
▪
The Republican, Democratic and Social Party (Mr. Deddou Ould Abdellahi
– Director of Political Affairs)
105.
Mr. Deddou Ould Abdellahi briefed the delegation on the efforts of the
Government to restore the rule of aw after a long period of regime of exception. He
said the rule of law is respected in the country and added that his party, the
PRDS is the most powerful and has the majority in Parliament. At Executive
level, creation on the Commission on Human Rights, Poverty Alleviation and
Social Integration, is a step forward in the implementation of the right to
education for all, alphabetisation, social integration of the needy, promotion and
protection of human rights.
106.
It was agreed that the PRDS would assist expedite the process of
ratification of pending laws (especially the law on legal assistance) and human
rights instruments. Commissioner El Hassan insisted on the fact that ratified
instruments should be fully implemented and that the civil society organisations
should be involved in the conception and implementation of policies geared at
fighting against human rights abuses, poverty and others.
➢ Meeting with the Head of the Bar Association: (Me Mohamed Malainine O. El Khalifa; Me
Bah O Elbar O M’beirik, lawyer)
107.
Mr. Mohamed Melainine said his Bar Association an independent and
apolitical association, which is different from Trade Unions or NGOs. The Bar
Association recruits and manages the career of lawyers in Mauritania. Lawyers
may have different political affiliations but in there are indiscriminately concerned
about good application of the rule of law. Commenting about the Family code,
the Law on the prohibition of trafficking in human being, the Jurisdiction on the
rights of children, he said these are positive moves. Lawyers also have more
facilities to do their job: no lawyer’s office can be searched without the presence
of the Head of the Bar Association, the criteria for selecting lawyers have been
tighten in order to improve on the competences of the candidates. There are 270
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
lawyers in the country and the Bar association is authorised to pay visits to
detainees and note down their problems.
108.
Most legal texts, said Mr. Melainine, are very old and need to be
actualised for a better protection of human rights in Mauritania. More
particularly, the Penal Code is not in phase with the provisions of relevant
instruments on the Rights of the Child.
109.
Asked whether there were prisoners of opinion in Mauritania, Mr.
Melainine said no and explained that there are 130 persons who are under arrest
and accused of coup attempts. The facts, he added, are under investigation and
these inmates have declared that they have not been tortured: they are free to be
visited by their relatives and the Bar Association enjoys full cooperation from the
authorities on this.
110.
Commissioner El Hassan encouraged the Bar Association to apply for
observer status with the African Commission (and gave the full information
regarding the said status), which is the best way to improve the relationship
between the two organisations.
➢ Press Conference
111.
The press conference was attended by 25 journalists from 18 national and
international press and communication agencies. Commissioner El Hassan
briefed them fully about the African system on human rights and the functioning
of the African Commission and he explained the objectives of the promotional
mission to the Islamic Republic of Mauritania.
112.
Stressing the role of the press in the promotion and protection of human
rights, Commissioner El Hassan encouraged the journalists to always inform the
population about human rights abuses as well as positives steps taken by
Governments in the field of human rights. The journalists asked many questions
relating to various aspects of the human rights situation in Mauritania: ratification
and implementation of human rights instruments, prisons and conditions of
detention, periodic reports of Mauritania to the ACHPR, banning of political
parties, etc. They requested the African Commission to send them copy of the
mission report when adopted so that they can also follow up on the
recommendations of the report.
➢ Meeting with the Commissioner for Human Rights, Poverty Alleviation and Social Integration
113.
Commissioner El Hassan thanked his counterpart for the dispositions
that were taken in order to ensure smooth running of the mission. He took the
opportunity to raise the key issues the mission was presented by the stakeholders
that were met. Commissioner El Hassan and the Commissioner exchanged views
on these concerns and the Commissioner for Human Rights, Poverty Alleviation
and Social Integration assured the delegation that he would take appropriate
actions in order to seek solutions for these problems.
CONCLUSIONS:
23
African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
114.
At the end of the mission, the delegation has reached the following
conclusions:
a) The Government of Mauritania is willing to make positive steps toward better
promotion and protection of human rights in Mauritania, by maintaining
constructive dialogue with the African Commission;
b) The Government is committed to speedily completing and presenting its overdue
reports to the African Commission under Article 62 of the African Charter;
c) Extreme poverty is a serious problem which affects the populations and hampers
the efforts of the government geared toward development and respect for human
rights;
d) The application of the rule of law by all stakeholders including government and
civil society organisations is problematical;
e) The government and the civil society organisations are willing to collaborate but
they request that appropriate legal frameworks be put in place to that extent;
f) Prisons and conditions of detention are poor, especially for women;
g) Access to health services is a serious problem, especially for the populations
living in remote areas.
h) Magistrates’ awareness of African human right system is very poor and access to
justice in remote area is problematic,
i) There are some positive steps taken by the authority in some fields such as
setting programmes geared at poverty alleviation and fight against illiteracy.
RECOMMENDATIONS:
115.
The Government of the Islamic Republic of Mauritania should:
a) Take appropriate and quick steps to present its periodical reports to the
African Commission in terms of Article 62 of the African Charter;
b) Finalise the discussion on the creation of an independent National Human
Rights Institution functioning in conformity with the international standards
as set up by the United Nations and the African Commission;
c) Make sure that the police and security forces are given power and use it in
conformity with the pertinent provisions of the Constitution and laws of the
Republic;
d) Involve all political parties and relevant stakeholders to the political life of the
country and create a more conducive environment for better democracy,
transparency and tolerance.
24
African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
e) Encourage human rights NGOs in Mauritania to take a more significant part
in the activities of the African Commission.
f) Take steps toward the improvement of conditions of detention and invite the
Commission’s Special Rapporteur on Prison and Condition of Detention in
Africa to visit Mauritania.
g) Ensure the physical and mental integrity of detainees, prevent them from
torture or any other inhuman or degrading treatment and, guarantee fair trial
to those accused of breaching the law, especially those military arrested and
detained in relation with the allegations of coup attempts;
h) Align its internal laws with the international standards and treaties to which
Mauritania is a party and harmonize its practice with those standards
116.
The civil society organisations:
a) Human rights NGOs should
• Work in partnership with the government and other stakeholders to
address human rights problems in Mauritania;
• Maintain a close contact with the African Commission and take a more
significant part in the activities of the Commission;
b) Political parties should play their role according to the Constitution and laws of
the country, those in conformity with the international standards giving
priority the safeguarding of peace and national reconciliation;
25
African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
LIST OF PERSONALITIES MET DURING THE MISSION:
1.
2.
3.
4.
5.
6.
7.
Mr. Sghair Ould M’bareck, Prime Minister.
Mr. Rachid Ould Salah, Speaker of the National Assembly
Mr. Mohamed Val Ould Bellal, Minister of Foreign Affairs and Cooperation
Mr. Diabira Bakary, Minister of Justice.
Mr. Hamadi Ould Meimou, Commissioner.
Mr. Mohamed Abdellahi Ould Babana, Minister of Culture, Youth and Sports
Mr. Mohammed Ghali Ould Sherif Ahmed, Minister of Interior, Post and
Telecommunications.
8. Mr. Mohamed Lemine Ould Selimane, Minster of Health and Social Welfare.
9. Mrs. Zeinebou Mint Mohamed Ould Nahah, State Minister for Women Affairs.
10. Mr. Mohamed Mahmoud O. Abdallahi O. Boye, Minister of Islamic Orientation,
Original Education and Fight Against Illiteracy
11. Mr. Kaba Ould Alewa, President of the Supreme Court
12. Mr. Mohamed Abderrahamane Ould Abdy, State Prosecutor
13. Cheickh Sid Moctar Ould Cheickh Abdellahi, Deputy Commissioner for Human
Rights, Poverty Alleviation and Social Integration
14. Koita Bamaria, Direcor General of the Commission for Human Rights, Poverty
Alleviation and Social Integration
15. Mohamedou Ould Tijani, Director of Promotion
16. Cheickh Tourad Ould Abdel Malik, Director of Human Rights Instruments
17. Bah Ould Salek, Communication Adviser
18. UNDP Resident Representative, Mrs. Cecile Molinier
List of NGOs that attended the meeting of 6th October 2004
1. Ligue Mauritanienne des Droits de l’Homme
2. Ordre National des Avocats
3. Association Mauritanienne des Femmes Juristes
4. Association Internationale des Femmes Francophones
5. Promotion des Droits de la Femme
6. Association pour la Défense des Droits de la Femme
7. Association Mauritanienne des Femmes Scientifiques
8. Association des Journalistes Défenseurs des Droits de des Enfants
9. Association Féminine de Bienfaisance pour l’Enfance en Mauritanie
10. El Hanane
11. Association pour le Développement Social en Mauritanie
12. Association Mauritanienne des Handicapés Moteurs
13. Agir en faveur de l’Environnement
14. ADDFE
15. Forum National pour la Protection des Droits de la Femme et de l’Enfant
(FNPDFE)
List of Political Parties, Trade Unions and other organisations met
1. General Confederation of Mauritanian Workers (Abdellahi Mohammed Nabab –
Secretary General of the CCTM and Samba Docko, Executive Secretary for
Social Affairs)
2. The Union of Mauritanian Workers (Abderrahhmane Ould Boubou, Secretary
General)
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Islamic Republic of Mauritania
3. The Popular Front (Mr. Cheickh O. M’Heimea, MP, Vice President and Me Aly
Kamara, National Secretary for Human Rights and Justice)
4. The Union of Forces of Progress (Mr. Diallo Lassana)
5. The Head of the Bar Association: (Me Mohamed Malainine O. El Khalifa)
List of press agencies that attended the Press Conference of 7th October 2003
1. La Tribune
2. L’Eveil Hebdo
3. Assavire
4. Radio Mauritanie
5. Challenge
6. Television Mauritanienne
7. Le Calame
8. Chemssiyat
9. Renovateur
10. Agence Mauritanienne d’Information
11. Agence de Communication de l’Ambassade du Quatar
12. Agence PANA
13. Agende de Presse Allemande
14. Radio France Internbationale
15. Agence France Press
16. Africa No 1
17. Mena
18. L’Authetique
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