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REPORT OF THE
SPECIAL RAPPORTEUR ON REFUGEES,
ASYLYM SEEKERS AND INTERNALLY DISPLACED
PERSONS IN AFRICA
MISSION TO THE REPUBLIC OF SENEGAL
29 August to 3 September 2005
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Acknowledgement
The African Commission on Human and Peoples’ Rights (“the African Commission”) would
like to take this opportunity to thank the Government of the Republic of Senegal for allowing
the Special Rapporteur on Refugees, Asylum Seekers and Internally Displaced Persons in Africa
undertake this mission in Senegal. A special note of appreciation is extended to the government
officials who took their time to meet with the delegation of the Special Rapporteur of the
African Commission in spite of their busy schedule. The African Commission is grateful to the
authorities for their hospitality and support during the period of the mission.
Sincere thanks is extended to Ms. Julia Harrington and Ms. Angela Khaminwa from Open
Justice Initiative and Ms. Mireille Affa’a Mendzie from Institute for Human Rights and
Development in Africa for their tremendous support in contributing to the success of this
mission. The Commission also extends its appreciation to Mr. Moustapha Toure, for his
assistance and coordination with civil society representatives of Mauritanian refugees in
Senegal, and Souleymane Sagna, videographer, who worked long hours under sometimes
difficult conditions to assist the delegation.
Finally, deep gratitude is extended to the refugees in Dagana, who gave their time and provided
essential input and insight to this mission, as well as their hospitality, in-spite of the difficult
social conditions in which they live.
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1. Introduction
The African Commission is a regional human rights treaty body established in 1987 in accordance
with Article 30 of the African Charter on Human and Peoples’ Rights (“the Charter”) for the
promotion and protection of human and peoples’ rights in Africa.
The Charter was adopted during the 18th Assembly of Heads of State and Government of the
Organisation of African Unity (OAU) in Nairobi, Kenya, on 26 June 1981. The Charter came into
force on 21 October 1986 and the first members of the African Commission were elected at the 23 rd
Assembly of Heads of State and Government of the OAU in June 1987. The inaugural meeting of
the African Commission was held in Addis Ababa, Ethiopia in November 1987.
Article 45 of the African Charter provides for the mandate of the African Commission, and this
includes promotion and protection of human and peoples’ rights, interpretation of the African
Charter and undertaking any other task assigned to it by the Assembly of Heads of State and
Government.
In terms of Article 45 (1) the promotional mandate shall include, inter alia, to collect documents,
undertake studies and research on African problems in the field of human and peoples’ rights;
organise seminars, symposia and conferences; disseminate information, encourage national and local
institutions concerned with human and peoples’ rights; and, should the case arise, give its views and
make recommendations to governments; formulate and lay down principles and rules aimed at
solving legal problems relating to human and peoples’ rights and fundamental freedoms upon which
African governments may base their legislation; and cooperate with other African and international
institutions concerned with the promotion and protection of human and peoples’ rights.
As a mechanism of executing the above mandate under Article 45 (1), the African Commission has
initiated a number of measures, among them being the establishment of Special
Mechanisms/Working Groups.1 These mechanisms undertake promotional as well as fact-finding
missions to member states of the AU and submit their reports to the African Commission during its
ordinary sessions for consideration and adoption.
It is in the light of the above mandate, therefore, that the Special Rapporteur on Refugees, Asylum
Seekers and Internally Displaced Persons in Africa undertook a mission to the Republic of Senegal
from 29 August to 3 September 2005.
2. Preparation of the Mission
The Secretariat of the African Commission began exchanging Notes Verbale regarding the mission
with the Ministry of Foreign Affairs of the Republic of Senegal, through its Embassy in the Gambia
in July 2005. In August 2005, the Government of the Republic of Senegal officially agreed to the
1 The Commission currently has five Special Rapporteurs and two working Groups, namely the Special Rapporteur on the
Rights of Women in Africa; the Special Rapporteur on Prisons and Conditions of Detention in Africa; the Special
Rapporteur on Human Rights Defenders in Africa; the Special Rapporteur on Refugees, Asylum Seekers and Displaced
Persons in Africa; and the Special Rapporteur on Freedom of Expression in Africa. The Working Groups include –
Working Group on Indigenous Populations and Communities in Africa and Working Group/Follow up Committee on
the Implementation of the Robben Island Guidelines
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African Commission’s request for a country visit by its Special Rapporteur on Refugees, Asylum
Seekers and Internally Displaced Persons in Africa.
The delegation comprised:
- Commissioner Bahame Tom Mukirya Nyanduga – Member of the African Commission and
Special Rapporteur on Refugees, Asylum Seekers and Internally Displaced Persons in Africa;
and
- Mrs. Annie Rashidi-Mulumba, Legal Officer of the Secretariat of the African Commission on
Human and Peoples’ Rights.
3. Terms of Reference/Purpose of the Mission
One of the tasks, under the terms of reference of the Special Rapporteur on Refugees, Asylum
Seekers and Internally Displaced Persons in Africa, is to seek, receive, and examine information on
the situation of refugees, asylum seekers and internally displaced persons in Africa in the respective
member states of the African Union (AU) and to assist member states to develop appropriate
policies, regulations and laws, and put in place mechanisms to protect the rights of the former. To do
this, the African Commission has mandated the Special Rapporteur on Refugees, Asylum Seekers and
Internally Displaced Persons in Africa to undertake fact-finding missions, investigations, visits and
other appropriate activities, to refugee camps and camps for displaced persons within member states
of the AU.
The general aim of the mission was therefore to execute the mandate of the Special Rapporteur and,
thereby, of the African Commission. The specific objectives of the mission were, inter alia, to:
• Engage the government of the Republic of Senegal in a dialogue on the situation of
Mauritanian refugees in Senegal, particularly to examine appropriate ways to enhance their
protection and, ultimately, find durable solutions, including but not limited to, repatriation
of the Mauritanian refugees;
• Gather information on the status of those who claim to be Mauritanian refugees living in
the Republic of Senegal; with a view to engaging the Mauritanian authorities on their status
and rights, at an appropriate time;
• Visit and discuss with the Mauritanian refugees their situation with a view of understanding
problems, if any, affecting the enjoyment of their human rights;
• Engage civil society on its role in the protection of the rights of the Mauritanian refugees in
Senegal; and
• Draw lessons to assist member states of the AU to develop appropriate policies, regulations
and laws for the effective protection of refugees and displaced persons in Africa.
Presently, there are an estimated 20,000 Mauritanian refugees located at 283 sites in northern Senegal,
ie the Senegal River Valley/ Vallée du Fleuve 16 years after they were expelled. Many refugees have
managed to integrate with the local population in a 600 kilometre stretch along the river valley, but
the quality and security of their livelihoods is extremely unstable. Assistance was initially provided to
refugees for a time by UNHCR and other international agencies.
4. Context of the Mission
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In 2000, the African Commission adopted a decision on several communications against Mauritania.2
The summary of facts as outlined in that decision, are stated as follows:
• That sometime, in April 1989, after a period which followed the 1984 coup d’etat, which was
characterised by various human rights violations against Black Mauritanians, it is alleged that the
government of Mauritania expelled about 50,000 people to Senegal and Mali, whom the
Mauritanian government claimed were Senegalese, while many of them held Mauritanian identity
cards. It was alleged that the identity documents were torn up by the authorities, properties were
confiscated, some of these Mauritanians were arrested, expelled and others were executed.
Though the borders were later reopened, no security was assured those who desired to return,
and they had no means by which to prove their Mauritanian citizenship. Many had been living
in refugee camps since 1989, in extremely difficult conditions.
• The main victims were Black Mauritanian government employees suspected of belonging to the
Black opposition, and Black villagers from the South, mainly from the Hal-Pulaar or Peul ethnic
group.
• The Complainants alleged that thousands of people were arbitrarily detained. They stated that
the detentions were followed by expulsion, such as in the case of political opponents, people
who had resisted the confiscation of their property.
• The security forces were accused of surrounding the villages, confiscating land and livestock
belonging to Black Mauritanians and forcing the inhabitants to flee towards Senegal, leaving their
property for the Haratines to take or to be destroyed. Communication 96/93 provides a list of
all or almost all of the villages whose inhabitants were expelled to Senegal.
• Many villagers who were not expelled had to flee in order to escape the massacres.
• It was also alleged that whenever the villagers protested, they were beaten and forced to flee to
Senegal or simply killed.
In its decision, the Commission declared that grave and massive violations of human rights under the
African Charter, constituting cruel, inhuman and degrading treatment had occurred during the
period between 1989 and 1992, and made a number of recommendations to the Mauritanian
government, inter alia:
• “To take diligent measures to replace the national identity documents of those Mauritanian
citizens, which were taken from them at the time of their expulsion and ensure their return
without delay to Mauritania as well as the restitution of the belongings looted from them at
the time of the said expulsion; and to take the necessary steps for the reparation of the
deprivations of the victims of the above-cited events.
•
To reinstate the rights of workers who were unduly dismissed and/or forcibly retired, with all
the legal consequences appertaining thereto.”
Despite countless efforts, the African Commission has not been successful in bringing the
Government of Mauritania to implement its decision on the aforesaid communications.
This mission was conceived by the Special Rapporteur following an exchange of views with the
Mauritanian state delegation during the 37th Ordinary Session, in Banjul, The Gambia, at which
2 Consolidated Communications 54/91, 61/91, 98/93, 164/97 to 196/97, 210/98 – Malawi African Association,
Amnesty International, Ms Sarr Diop, Union Interafricaine des Droits de l’Homme and RADDHO, Collectif des Veuves
et Ayants-droit, Association Mauritanienne des Droits de l’Homme/Mauritania ; See decision for full recomendations to
the government.
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session the Mauritania State report was examined by the African Commission, and during which
outstanding issues were raised in respect of the decision. The mission therefore offered an
opportunity for the Special Rapporteur to discuss with the various stakeholders and identify possible
solutions to this long-standing issue.
Subsequent missions to Mauritania, as and when constitutionality is restored, (in view of the 3 rd
August, 2005 coup), and Mali are envisioned in order for the Special Rapporteur to engage directly
with the respective governments on the matter .
5. Institutions contacted and individuals met during the mission
This section provides an account of discussions held with relevant stakeholders in Senegal and
observations made by the Special Rapporteur on Refugees, Asylum Seekers and Internally Displaced
Persons in Africa during his Mission to the Republic of Senegal from 29 August to 3 September
2005.
During the mission, the delegation met and held fruitful discussions with Hon Mame Bassine Niang,
Minister and High Commissioner for Human Rights of Senegal, senior government officials in the
Ministry of Foreign Affairs and exchanged views on the situation of Mauritanian refugees in the
country. The delegation also met the Regional Representative of the UNHCR, the Director of
L’Office Africain pour le Développement et la Coopération (OFADEC), an implementing agency of
the UNHCR, and representatives of a number of Mauritanian non-governmental organizations
operating in Senegal. The delegation also visited refugee sites in Dagana and Thiabakh, in Northern
Senegal, in the river valley, where many Mauritanian refugees gathered and engaged in frank and
sometimes emotional discussion on their situation.
Because of time constraints and logistical reasons, the delegation could not meet with
representatives from other government ministries and agencies responsible for refugee matters. The
Ministry of Foreign Affairs however, extended an invitation to the delegation to undertake a follow
up visit during which time respective meetings shall be arranged.
Courtesy call on the High Commissioner for Human Rights - the Office of the President
On 30 August 2005, the delegation of the African Commission paid a courtesy call to Hon. Mame
Bassine Niang, Minister and High Commissioner for Human Rights. The Head of delegation,
Commissioner Bahame Tom Mukirya Nyanduga, introduced the delegation and explained that he
was appointed as a focal point at the 34th Ordinary Session (October 2003) of the African
Commission while the African Commission was reviewing its Special Rapporteur mechanism. He
added that he was appointed Special Rapporteur on Refugees, Asylum Seekers, and Internally
Displaced Persons in Africa at the 35th Ordinary session (June 2004) and the terms of reference of his
mandate were adopted during the 36th Session (December 2004) of the African Commission.
Commissioner Nyanduga informed the Honourable Minister and High Commissioner, that the
mission was a fact-finding mission whose aim and purpose was to facilitate a resolution of the
longstanding situation affecting Mauritanian refugees who remain in Senegal and Mali since sometime
During the period when the Special Rapporteur was in Dakar,Senegal, he also participated in an international conference
convened by the Globalisation Studies Nertwork , and organized by CODESRIA, on the theme,
“Globalisation:Overcoming Exclusion, Strengthening Inclusion” held between 29 and 31 August, 2005
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in 1989. The Special Rapporteur explained that the delegation seeks to understand the legal, political,
and administrative implications relative to the situation of Mauritanian refugees in Senegal, and
further that it was planned that subsequent missions will be undertaken in Mali, and Mauritania.
In response to Commissioner Nyanduga’s remarks, the High Commissioner said that she was happy
to receive the delegation of the African Commission and informed the delegation that her office was
the lead department coordinating issues relating to Mauritanian refugees in the country. She said that
she had personally dealt with the problem and knew the hazardous conditions in which the refugees
live. She has known refugees who came and have died due to old age, and seen young babies who
were born in the camps and grown into big girls and boys. She assured the delegation that she had
requested government authorities to assist the delegation and provide any information it may require,
in order to ensure the success of the mission. Hon. Mame Bassine Niang gave a brief historical
background on the expulsions of Mauritanians from their territory in 1989, which lead to the
Mauritanian refugee issue. She said that the problem had also involved a border incident between
Mauritania and Senegal. The two countries decided to resolve the problem through mutual
repatriation of their citizens. She said that in Senegal, the Mauritanian refugee issue was complex
matter. It affected the country economically and socially. Senegal has welcomed Mauritanians on its
territory and many have settled without problems. She emphasised the importance to recognise the
racial dimension to the problem.
At that time, former President Maaouya Ould Taya took advantage of the agreement between the
two countries to further the country’s Arabization policy by getting rid of its black population, who
are in the majority, by sending them to Senegal or Mali. The government stepped up its campaign of
deportations throughout 1990.These citizens were stripped of their identity papers and any valuables
in their possession.
The High Commissioner welcomed the initiative of the African Commission. She reiterated the
Senegalese government’s readiness to host any conference or facilitate any initiative of the African
Commission that could assist in finding a lasting solution to the problem of Mauritanian refugees.
The Honourable Minister stated that if there are any Senegalese who had been affected by the current
situation and were denied their citizenship, then the government of Senegal is willing to reintegrate
those who claim to be Senegalese citizens.
She expressed the opinion that the Mauritanian authorities should integrate their citizens irrespective
of racial background and ensure that they are compensated. In respect of the land problem, she
suggested that this could be resolved by developing a joint dam project to irrigate dry land so that
some of the refugees could be resettled on that land, with further assistance being given by the
Mauritanian government or through international aid agencies.
She recommended that the AU should facilitate or convene a meeting that will bring together
relevant officials from the AU, the UNHCR, the African Commission, and the Governments of
Mauritania, Senegal and Mali, and other stakeholders to specifically discuss the Mauritanian refugees’
issue. In addition, she suggested that the African Commission should also consider organising a
special meeting to discuss issues relating to internally displaced persons. Such meetings should aim at
reviewing the situation of, and explore how African governments can contribute to a durable solution
to the problem facing refugees, asylum seekers, returnees and displaced persons on the continent.
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She expressed the hope that the new regime in Mauritania would be sensitive to the concerns and
aspirations of Black Mauritanian population. She agreed with the Commissioner that the new regime,
having assumed power through a coup, must restore constitutionality, and also that it must work in
the interest of all Mauritanians irrespective of their racial background.
Meeting at the Ministry of Foreign Affairs
The delegation of the African Commission met with senior officials from the Ministry of Foreign
Affairs on September 1, 2005, who included the Director of the Africa and Asia Department,
Director of the International Organisation Department, and Director for Legal and Consular Affairs,
Professor Cheikh Tidiane Thiam, who presided over the meeting.
After formal introductions, Commissioner Nyanduga gave an overview of the African Charter and
the work of the African Commission. He described the responsibility of the Commissioners in
overseeing the implementation of the African Charter. He added that Commissioners carry out
promotional and protection missions to State Parties, aimed at popularising the African Charter and
the work of the African Commission, engaging states in dialogue about their obligations under the
Charter and discussing human rights issues of interest or concern to the State Party. Commissioner
Nyanduga informed the officials that the question of the protection of refugees, asylum seekers and
internally displaced persons in Africa, was one of several thematic human rights issues being dealt
with by the African Commission. He explained briefly the other mechanisms and mandates of the
Commission which address the rights of prisoners, the rights of women, freedom of expression,
human rights defenders and indigenous peoples.
Commissioner Nyanduga pointed out that the delegation attaches a lot of importance to this
particular mission, because it comes at a time when Mauritanian refugees are yearning for a solution
to a problem which has persisted for the last 16 years. He expressed his belief that the African
Commission could make an input with regard to the process of finding a durable solution to the
issue. Commissioner Nyanduga indicated that the delegation was in the country to assess the human
rights situation of the Mauritanian refugees in Senegal, with emphasis on the legal, political and
administrative implications of, and possible solutions to that issue. He said that he hoped that the
delegation will conduct a similar mission to Mali by the end of the year, and to Mauritania once the
new government is recognized by the AU. He further said that the delegation was willing to hear
additional information that would broaden its understanding of Mauritanian refugees in the country.
In response, Professor Thiam thanked the delegation for its mission to Senegal. He expressed the
hope that the mission would be a success, and said that the government had been doing its best to
improve the lives of Mauritanian refugees since 1989. He admitted though that the situation of
Mauritanian refugees was complex. He highlighted the efforts of the Senegalese government to
register refugees and to provide assistance to them.
Ambassador Maimouna Sy, Director of the Department of Legal Affairs, who had dealt with
Mauritanian refugees on tgheir arrival in 1989, said that the Mauritanians who came to Senegal were
not considered ‘refugees’ at that time as they are referred to today. They spoke the same language,
integrated into Senegalese society with a number of them going into the private or public sectors.
This integration is one of the reasons why it is difficult to accurately count the number of
Mauritanian refugees in Senegal. The Ambassador recalled that when the Mauritanian refugees
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arrived, they were issued a green identification card. This card was to be used when they were to
benefit from refugee privileges.
She expressed hope for a durable solution for Mauritanian refugees and, added that, in spite of the
question of ‘legitimacy of the new Mauritanian government’ there was room for dialogue with them
to find a lasting solution. Accordingly, she advised the Special Rapporteur to take advantage of the
transition period to engage the Mauritanian government rather than await full recognition by the AU.
In conclusion, Prof. Thiam requested the delegation to undertake a follow up mission so that
arrangements can be made for the delegation to meet with the Eligibility Commission and the
Ministry for Internal Affairs in order that outstanding issues on matters of refugee registration and
the perception of harassment of refugees can be discussed.
Meeting with United Nations High Commissioner for Refugees
The African Commission’s delegation met with Mr. Dillah Doumaye, the Regional Representative of
the UNHCR. Commissioner Nyanduga briefed Mr. Doumaye about the African Commission and
described the process leading to the establishment of the mechanism of Special Rapporteur. He
briefed the representative about the purpose and expectations of the Mission. Commissioner
Nyanduga wanted to know the number of the Mauritanian refugees in Senegal, the problems they
faced and the kind of assistance UNHCR has been providing to refugees since 1989.
After welcoming the delegation, Mr. Doumaye informed the delegation that in 1989, UNHCR
identified about 65,000 to 70,000 Mauritanians refugees in Senegal and, the current figure is estimated
at about 20.000 Mauritanian refugees in Senegal and 60,000 in Mali. He stated that the UNHCR had
not conducted a headcount of refugees since 1998. He said that some of the Mauritanians have been
resettled in a number of third countries, (including, Angola, Central Africa Republic and the United
States) and some have returned to Mauritania on their own. He indicated that the UNHCR provided
humanitarian assistance and livelihood support to Mauritanian refugees until 1998, when this
assistance came to an end because both the Mauritanian and the Senegalese governments “failed” to
recognize the Mauritanians as refugees. This he said caused a dilemma for the UNHCR, because the
Mauritanians refugees wanted repatriation under the UNHCR framework. The UNHCR cannot
provide services to the Mauritanians because its role is dependent on the Mauritanians being
recognized as refugees by the Senegalese. He indicated that, at this time, the Senegalese government
does not recognize the Mauritanians as refugees. While acknowledging that UNHCR had reduced
support for the refugees, Mr. Doumaye said that the UNHCR continues to provide scholarship for
students (200 are available out of 600 applicants per annum), health care, assistance in agricultural
activities (irrigation) and money for micro projects.
On the question of identification cards, Mr Doumaye stated that the Mauritanians refugees were
given green identification cards on arrival, that appear to have served as both ration cards and as
confirmation that they had applied for refugee status. These cards were initially valid for 3 months
only. Although the cards have long since expired they are accepted de facto by UNHCR for
identification purposes. An attempt at registering refugees had been aborted midstream by the
government in 2000 and no reason had been given for it, hence this was one of the reasons why the
specific number of the refugees remains unknown.
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On the issue of naturalization, he said that the majority of refugees wanted to be repatriated but
attached a lot of political conditions, which are beyond the mandate of the UNHCR. He expressed
the hope that the new regime will tackle the refugee problem with full guarantee of their rights. He
said further that his office is limited in what it can do in Mauritania because Mauritania was not a
member of the ECOWAS, which he covers, but the Maghreb Union. He therefore had no direct
communications with Nouakchoutt. That notwithstanding he had recommended to Geneva that the
Director General hold consultations with Ambassadors of the Senegal, Mali and Mauritania to try
and find a lasting solution.
Commissioner Nyanduga thanked Mr. Doumaye for his briefing and observed that it will assist the
African Commission to understand better the situation on the ground.
Meeting with Mauritanian refugees in Dakar
Commissioner Nyanduga briefed the representatives of Mauritanian refugees in Dakar about the
purpose of the mission. He stressed the fact that, he had observed during a number of previous
public sessions of the African Commission, a number of NGOs representing Mauritanian refugees
made statements about the living conditions of Mauritanian refugees in Senegal and Mali and the
human rights situation in Mauritania. The Mauritanian State delegations on the other hand insist that
that the situation in Mauritania is okay and that the refugees should return home. Yet the African
Commission is also aware that its decisions have not been implemented. Consequently, the African
Commission has been caught in a dilemma with respect to understanding the actual situation relating
to the Mauritanian refugees.
The Mauritanian refugees in Dakar expressed concern about their living conditions. One of them,3
complained that the Mauritanian government has never recognised the presence of Mauritanian
refugees in Senegal. He informed the delegation that when they arrived in 1989, they were issued with
green identification cards that were valid for three months, thereby confirming the information
provided by Mr Doumaye to the delegation in this respect. He added that those cards have long
expired and there is no attempt from the government of Senegal to renew them. As a result, he said,
their movements are restricted.
He expressed concerns at the rise of xenophobia against refugees, particularly in Mali. He said that
refugees had welcomed the overthrow of the Ould Taya regime. They were hopeful that the new
regime would recognise their rights. He said the new regime had met opposition politicians, which
was a good signal. He said that they wanted to go back home so that they can be part of the
transition and take part in the referendum announced by the military regime. He called on the new
regime to put all Mauritanian problems on the table to be openly discussed by all Mauritanians with
the assistance of the international community.
A female refugee, who spoke on behalf of the women present at the meeting, expressed concern
about the healthcare facilities and recalled that, since the withdrawal of UNHCR assistance, refugees
have since not been given adequate medical treatment. She reported that female refugees have been
reduced to begging in order to support their children who cannot even benefit from a good
education because they do not have the requisite identification papers. As such, she was concerned
that these children would not have any bright future.
3 Names of persons the delegation met are listed at the end of this report.
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Another representative requested that the Mauritanian refugees be recognised in Senegal as refugees
and not as Senegalese citizens. He called on the Special Rapporteur to assist them in getting proper
identification papers. He said that their children had not been registered and pointed out that even
the dead ones need to be recognised.
Commissioner Nyanduga informed the refugees present that the mechanism of Special Rapporteur
for Refugees, Asylum Seekers and Internally Displaced Persons is a new mechanism, which seeks to
understand the situation of refugees and engage governments in finding durable solutions. He
informed them that he would endeavour to raise their concerns, with the relevant authorities. He
indicated that while this process might appear slow, there was hope that with the new dispensation
of the AU, which emphasises respect and protection of human and peoples’ rights, the African
Commission will work together with the governments and organisations concerned, and will
hopefully arrive at a durable solution to the problems of Mauritanian refugees.
Meeting with Abdoulaye Dione, Coordinator of L’Office Africain pour le Développement et
la Coopération (OFADEC)
Mr Dione of OFADEC which is UNHCR’s implementing partner, informed the delegation that his
organisation continues to work with a small number of refugee and local communities and currently
provides two forms of support, namely, micro-credit and agricultural schemes. Both these schemes
have been designed expressly around the formation and running of women’s co-operatives.
He also confirmed that when the refugees arrived in the wake of the 1989 events, they were given
green identification cards that appeared to have served as confirmation that they had applied for
refugee status as well as ration cards. These cards were valid for 3 months and gave its holder the
right to benefit from various facilities in terms of health and education.
Mr. Dione stated that the Senegalese authorities attempted to solve the problem of identity by issuing
10 years identification cards to all West African refugees. To this end, sometime in 1999 and early
2000, a huge refugee campaign was launched, aiming at delivering identity cards to all refugees in
Senegal. This campaign stated in big cities such as Dakar, Thiès and Saint Louis. This identification
campaign was to continue in the Senegal River Valley, where most Mauritanian refugees’ sites are
located but, unfortunately, the campaign was stopped without any official explanation.
Mr Dione explained that after the Senegal-Mauritania rapproachment, some Mauritanian refugees
voluntarily returned to Mauritania under the supervision of their traditional leaders. The return of
refugees from the river valley was not coordinated by the UNHCR. Those who wanted to return
from Dakar involved the UNHCR. However, small groups of refugees apparently returned
spontaneously and in many cases incognito. As such, there are no reliable statistics about the number
of refugees who returned to Mauritania.
He added that UNHCR has not been efficient in dealing with Mauritanian refugees because the
Mauritanian government had never acknowledged the presence of its citizen in Senegal. He expressed
hope that the new government of Mauritania might be willing to recognize the Mauritanian refugees
and find a lasting solution to their problems.
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Commissioner Nyanduga thanked Mr.Dione for his briefing and also informed him the purpose of
the mission. He explained that under its Constitutive Act, the AU does not recognise regimes
resulting from military coups. When legitimacy of the present regime in Mauritania is restored, the
African Commission will enter into discussions in respect of the refugee issue with the government
of Mauritania. Commissioner Nyanduga sought to know how assistance was channelled to
Mauritanian refugees who live far from Dakar, and his views on the problems of refugees’
identification.
Elaborating on the kind of assistance provided to refugees by OFADEC, Mr. Dione stated that
initially the assistance included a monthly food supply, but later the organisation decided to provide
the refugees with support by way of income generating activities and other activities like fishing and
irrigation for food production. However, when UNHCR decided to withdraw its assistance in 1995
from the refugees in the river valley, those who did not have access to income-generating activities
found it difficult to survive. It was from then on that the refugees started to move to Dakar and
some decided to return to Mauritania.
Mr Dione stated further that the refugee problem is political because Mauritania has never accepted
responsibility for expelling its nationals to Senegal and Mali. He reported that in February 2005,
Mauritanian refugees in Senegal went on a hunger strike in order to protest against their living
conditions. In reaction to the protests, the government of Senegal held talks with their leaders for a
possible definite solution to the plight of the refugees. As a result an ad hoc Committee was set up
with the aim of reflecting on the ways of finding effective solution to the refugees’ claims relating to,
among others to, the delivery of proper identification documents, the issue of receiving assistance
without discrimination and, possibly, voluntary return. Mr. Dione was of the opinion that with the
new regime in Mauritania, there is a window of opportunity that should be taken advantage of in
order to address the hardships that the refugees have suffered for such a long time.
Visit at Dagana and Thiabakh refugee Camps
The delegation visited Dagana, a village in the Senegal River valley approximately 400 kilometres
north east of Dakar, on the 2nd of August 2005 and held a meeting with the refugee representatives
from some of the 283 communities in the Senegal River valley. The refugees live in small self-made
villages, together with the Senegalese population or communities in the area. The representatives
came from Dagana, Podol, Matan and Bakel. One of them read a statement, which gave an insight
into their situation since 1989.
Commissioner Nyanduga explained to the refugees, the background to the mission and wanted to
know from their own perspective, why they were in Dagana, and the other settlements in Senegal, the
problems they faced, and any assistance they have received since 1989.
The refugee representatives expressed appreciation for the visit by the Special Rapporteur. They
further expressed their sincere appreciation for the hospitality extended to them by the Senegalese
people and government since their arrival in Senegal 16 years ago. They nevertheless expressed
concerns arising out of years of neglect by the international community. They said that the UNHCR
had withdrawn assistance in 1995. It had previously assisted them with self-sufficiency activities
through agricultural, fishery, livestock and micro-credit projects.
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They blamed the governments of Mauritania and Senegal, as being responsible for the UNHCR
withdrawal of assistance in 1995. They said that their difficulties started when food, medical and
school assistance was withdrawn.
The refugees stated that the Senegalese authorities provide books and teachers, and integrated
refugee children into the local school system, but that was not enough because their children
sometime go to school without food, school fees and uniforms, because parents cannot afford them,
due to the high rate of unemployment among refugees. The opportunities for youth to access
education and employment were limited. They could only be registered for vocational training, but
upon attaining the vocational college qualifications they cannot get employment. For those who want
to go to university, they cannot afford the CFA 150,000 tuition fees.
The women representatives said that refugees are expected to get medical and health care from the
local government owned facilities, which is not free. They cannot afford to travel to Dakar where
they can attend UNHCR facilities. She said that their dignity, that of their families and children had
been violated. A lot of women were carrying the burden of caring for households because their
husbands had been killed during the expulsions. One woman showed the delegation permanent
injuries sustained to her arm, which she claimed were sustained during the expulsions, and another
claimed that she had developed a traumatic psychological disorder due to the experience of the last
16 years.
As for micro-finance loans, which the UNHCR continues to provide, they said that the amount
given, CFA 50,000 loans repayable in 10 months are inadequate to generate repayment of CFA 5,000
per month, savings for sustaining the projects and for their families’ upkeep.
The refugees explained that pressure on the land in their settlement was becoming a big issue. When
they crossed the river in 1989, many areas where they settled were open, but over the past 16 years
Senegalese communities have expanded and the land they used to sustain their livelihood is now
gradually being taken away by citizens.
The refugees also spoke about the registration and identification problem whereby only refugees
living in urban centres such as Dakar, Thies and St. Louis, were registered during the aborted
registration exercise in 1999/2000, but the majority do not have any valid identification papers. The
only piece of document they have is ‘the green card’ they were given when they crossed the border in
1989 (see below). This document has long expired because it was valid for three months only. They
said that many women who crossed after 1989, and children born in Senegal had never been
registered, and do not even have the 3 month green card.
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An example of an identification card given to refugees in Dakar. .
The refugees pointed out that the lack of proper identification papers leads to numerous problems,
particularly, when dealing with government officials or during routine security checks by police, and
going through administrative formalities such as finding employment or withdrawing money sent to
them by relatives from overseas.
Commissioner Nyanduga wanted to know their views on the prospect for return in view of the
current developments. They said that they wanted to return under UNHCR framework and upon
their security being guaranteed. They said that notwithstanding the problems they had faced in
Senegal, their security was guaranteed.
They reiterated that it was a mistake for the two governments and the UNHCR to cease assistance, as
a means of exerting pressure on them to return prematurely to Mauritania. They said that they would
return voluntarily upon conditions of peace being established, compensation for their lost property
being paid, and elimination of discrimination. They also asked to be represented in any dialogue
about their return, because they had leadership structures within the 283 refugee communities in the
valley, because many of the Dakar based NGOs were pursuing their own ‘political’ agendas.
They said further that they expected an apology from the authorities in Mauritania for their suffering
and the ‘arabisation’ of their villages, which meant that as Black Mauritanians their rights were not
recognised.
They urged;
• the new regime to recognise refugees as sons and daughters of Mauritania and said further
that they were not prepared to give up their citizenship,
• the Senegalese government to fulfil its obligations by regularising their refugee status through
proper registration,
• the UNHCR to resume their protection activities in the River Senegal valley,
• they welcomed the African Commission initiative and called on the AU to involve them in
discussions pertaining to the transition process in Mauritania.
At the end of the meeting Commissioner Nyanduga thanked the refugee community for their
hospitality, which was granted in the best African tradition, for their confidence in the African
Commission and the AU, and assured them that he will forward their grievances and concerns to the
authorities concerned.
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CONCLUSION
The Delegation commends the government and people of Senegal for fulfilling their obligations
under the international instruments for the protection of refugees. It was apparent, however, that
more can still be done by both the Senegalese government and the international community, to
ensure the well being of the Mauritanian refugees until such time that a durable solution is found.
6. FINDINGS
Problems of identification and recognition
During discussions with the different stakeholders in Senegal, it became quite clear that the exact
number of Mauritanian refugees in Senegal is not known. The registration exercise, which had began
in December 1999, was abandoned in early 2000. This left the majority of refugees in limbo, because
they do not have proper identification papers, except for the ‘Green Card’, which was issued on their
arrival in 1989 and whose validity expired after the three months it was issued for lapsed.
This state of affairs has implications in respect of the welfare of refugees in terms of recognition of
their status, access to benefits, and exercise of other rights, such as freedom of movement.
The Senegal-Mauritania rapprochement was a commendable political solution to their conflict, during
that time, but it led to the sacrifice of refugees’ rights, which had been violated in 1989. They have
not been restored to-date.
The rapprochement forced the UNHCR and other international humanitarian agencies to drastically
reduce the humanitarian assistance and protection work for the Mauritanian refugees. This is
regrettable, because it allowed politics to interfere with the neutrality and humanitarian mandate of
the UNHCR. As a result, the Mauritanian refugees are not recognised by their own State, as well as
the international community. At best they are left to fend for themselves, but thanks to the traditional
and African hospitality of the Senegalese people and government, they are able to survive.
Assistance
The delegation observed that, the situation facing Mauritanian refugees is critical. The refugees live in
the river valley, which forms part of the Sahel belt. The land along this valley looked green and fertile
during the rainy season, when the mission was visiting, but can be dry and inhospitable during the dry
season. The refugees repeatedly appealed for assistance in respect of their various social needs, which
had been almost completely undermined by the withdrawal of financial and material support by the
UNHCR in 1995. Most Mauritanian refugees have supported themselves with minimal help from
UNHCR since 1995.
Senegalese authorities have provided books and teachers and integrated refugee children into the
local school system. The government has put public medical facilities aimed for the services of its
population at the disposal of the refugees without discrimination. The only problem therefore is that
unemployment among refugees means that they do not have finances to enable them meet
educational and health related expenses, because the public services are not free. The income
generating micro-finance projects are inadequate to sustain the refugee communities.
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Repatriation
No formal repatriation of refugees has ever been organised by the UNHCR, even after the
Mauritania-Senegalese rapprochement. A number of refugees are believed to have returned
spontaneously without the knowledge, or assistance of UNHCR. However, the refugees currently in
Senegal have made it quite clear that they cannot return to Mauritania unless a number of conditions
are met. These include -:
a. Restoration of the identity papers that were destroyed upon their expulsion from
Mauritania and restoration of their citizenship;
b. Assurance that their security during and after their return will be guaranteed under the aegis
of an international body such as UNHCR;
c. Compensation for lost property, including livestock, destroyed houses and land confiscated
during their expulsion;
The refugees were of the opinion that the change of government in Mauritania presents them with
the perfect opportunity to discuss their situation with the present government, an opportunity which
they would not like to lose. This view was shared by a number of the people who met the mission.
With the assistance of the AU and the international community in general, the Mauritanian refugees
hoped that they would be able to go back to their country, be given the rights that accrue to them, so
that they can participate in the ongoing political transitional process in Mauritania.
7. RECOMMENDATIONS;
This report makes preliminary recommendations directed toward the Senegalese government, the
AU, and the UNHCR.4 The final report will be compiled after the completion of missions to Mali
and Mauritania. It will also contain specific recommendations towards other stakeholders as the case
may be.
In this regard therefore, African Commission makes the following recommendations -:
To the Government of Senegal
The African Commission urges the Government of Senegal to
1. Resume the registration exercise, which was abandoned in 2000 so that all Mauritanian
refugees can be registered, identified and provided with proper identification documents;
2. Continue its efforts towards convening a conference to discuss the plight of refugees and
IDPs in Africa
To the African Union
1. The African Commission requests the AU Commission to facilitate the Special Rapporteur to
i)Undertake a Mission to Mali to engage with the Malian government and the Mauritanian
refugees in Mali.
ii)Undertake a follow-up Mission to Senegal to continue engagement with the Senegalese
government (meeting with the Ministries of Justice and Interior, and the Eligibility
4 The African Commission is making recommendations to the UNHCR within the terms of the MoU signed between
itself and the UNHCR in 2003.
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Commission). During this Mission, the Special Rapporteur intends to pursue the Senegalese
government’s invitation to organise a roundtable conference of refugees and IDP issues in
Africa.
iii) Undertake a follow-up Mission to Mauritania as soon as it is diplomatically practicable.
2. The African Union include in its discussions with the government of Mauritania and
relevant stakeholders matters relating to the Mauritanian refugees, an issue that has remained
unresolved for the past 16 years.
3. Urges the AU to encourage international aid agencies and humanitarian organisations such
as UNICEF, WHO, WFP to provide support in terms of their mandates, to the Mauritanian
refugees currently on Senegalese territory.
4. Requests the AU to ensure that Mauritania executes the recommendations issued by the
African Commission in respect of Consolidated Communications 54/91, 61/91, 98/93,
164/97 to 196/97, 210/98 – Malawi African Association, Amnesty International, Ms Sarr
Diop, Union Interafricaine des Droits de l’Homme and RADDHO, Collectif des Veuves et
Ayants-droit, Association Mauritanienne des Droits de l’Homme/Mauritania.
To the UNHCR
The African Commission urges the UNHCR to;
1. Resume assistance and support to the refugees, in particular, access to water, affordable
health and education services. UNHCR could consider collaborating with other international
organisations in order to develop projects that will promote self sustenance within the
refugee communities.
2. Work with the authorities of the government of Senegal in an effort to provide identification
documents to Mauritanians refugees.
4 October 2005.
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Annexes
REFERENCES
Klein, P. Development of Village Irrigation Schemes. Mission Report 94/42/N.
UNHCR, Geneva.
Thiadens, R. 1997. Review of Agricultural Programmes for Mauritanian Refugees. Technical Mission
Report 97/33/N. UNHCR, Geneva.
NAMES OF PERSONS MET
1. Maître Mame Bassine Niang, Minister to the Office of the President of the Republic in charge of
Human Rights and Promotion of Peace
2. Prof. Cheikh Tidiane Thiam, Director of Legal and Consular Affairs, Ministry of Foreign Affairs
3. Ambassador Maimouna Sy, Ministry of Foreign Affairs
4. Dillah Doumaye, Regional Representative of UNHCR
5. Abdoulaye Dione, Project UNCHR/OFADEC
6. Mamadou Mamoudou Gaye, Representative of Mauritanian Refugees in Senegal
7. Diallo Faidou Dioulde, 3 RMS
8. Ba Oumar Abou, 3 RMS
9. Diallo Abdoulaye, 3 RMS
10. Yahya Kane, SOS Esclave
11. Niang Alwoly Momodou, 3 RMS
12. Moh Djindé Cissokho, MRMS/DDH
13. Aissatou Sow, MRMS/DDH
14. Mamadou Traoré, Chairperson of CAREMS
15. Kane Ibrahima, Member of CAREMS
16. Maimouna Wane, 3 RMS
17. Fatimata Bocar Gueye, 3 RMS
18. Hawa Abou Gueye, 3RMS
19. Aldiouma Cissokho, MRMS/DDH
20. Khaoudou Sow, MRMS/DDH
21. Aliou Sow, MRMS/DDH
22. Moussa Amadou Gueye, MRMS/DDH
23. Abdourahmane Sy, MRMS/DDH
24. Aminata Moussa Sow
25. Maryam Malick Bâ
26. Jainaba Jallow
27. Binette Sow
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