AFRICAN UNION
UNION AFRICAINE
African Commission on Human &
Peoples’ Rights
Commission Africaine des Droits de l’Homme &
des Peuples
UNIÃO AFRICANA
31, Bijilo Layout Annex, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505/4410506; Fax: (220) 4410504 E-mail: au-banjul@africa-union.org; Website: http://www.achpr.org
REPORT OF THE JOINT HUMAN RIGHTS PROMOTION MISSION TO THE ISLAMIC
REPUBLIC OF MAURITANIA
15-21 December, 2016
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TABLE OF CONTENTS
ACKNOWLEDGEMENTS ................................................................................................................................. 5
ACRONYMS AND ABBREVIATIONS ................................................................................................................ 6
PART ONE .................................................................................................................................................. 7
I.
INTRODUCTION......................................................................................................................... 7
II.
TERMS OF REFERENCE OF THE MISSION ..................................................................... 8
III.
HISTORICAL, GEOGRAPHIC AND INSTITUTIONAL BACKGROUND OF THE
ISLAMIC REPUBLIC OF MAURITANIA ....................................................................................... 9
A.
B.
Historical, Socio-Economic and Geographic Overview................................................. 9
Legal Framework ........................................................................................................................... 9
C. International and Regional Conventions as well as Human Rights Laws Ratified
and adopted by Mauritania after 2010 ........................................................................................ 10
IV.
METHODOLOGY ........................................................................................................................ 11
PART TWO ............................................................................................................................................... 13
I.
CONDUCT OF THE MISSION ...................................................................................................... 13
•
MEETING WITH THE PRIME MINISTER AND DEBRIEFING SESSION .................. 13
•
MEETING WITH THE COMMISSIONER OF HUMAN RIGHTS AND
HUMANITARIAN ACTION AND THE FOCAL POINTS OF THE VARIOUS
MINISTRIES........................................................................................................................................ 14
•
MEETING WITH THE MINISTER OF JUSTICE ................................................................. 15
•
MEETING WITH THE MINISTER OF THE INTERIOR.................................................... 17
•
MEETING WITH THE MINISTER IN CHARGE OF PARLIAMENTARY RELATIONS
AND CIVIL SOCIETY ....................................................................................................................... 18
•
MEETING WITH THE MINISTER OF YOUTH AND SPORTS....................................... 19
•
MEETING WITH THE MINISTER OF SOCIAL, CHILDREN’S AND FAMILY
AFFAIRS ............................................................................................................................................... 21
•
MEETING WITH THE MINISTER IN CHARGE OF PRIMARY AND SECONDARY
EDUCATION ....................................................................................................................................... 22
•
MEETING WITH THE PERMANENT SECRETARY OF THE MINISTRY OF HEALTH
24
•
MEETING WITH THE PERMANENT SECRETARY OF THE MINISTRY OF
ISLAMIC AFFAIRS AND TRADITIONAL EDUCATION ........................................................ 25
•
MEETING WITH THE DIRECTOR-GENERAL OF NATIONAL SECURITY ............... 26
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•
MEETING WITH THE SPEAKER OF PARLIAMENT ........................................................ 27
•
MEETING WITH THE CHIEF JUSTICE ................................................................................ 28
•
MEETING WITH THE CHIEF PROSECUTOR OF THE SUPREME COURT ................ 29
•
MEETING WITH THE NATIONAL HUMAN RIGHTS COMMISSION ...................... 30
•
MEETING WITH THE MEMBERS OF THE NATIONAL MECHANISM FOR THE
PREVENTION OF TORTURE (NMP) ............................................................................................ 31
•
MEETING WITH THE NATIONAL COMMITTEE FOR THE EXTRACTIVE
INDUSTRIES TRANSPARENCY INITIATIVE (CNITIE) ......................................................... 32
•
MEETING WITH THE HIGH BROADCASTING AUTHORITY..................................... 34
•
MEETING WITH THE OMBUDSMAN OF THE REPUBLIC ........................................... 35
•
MEETING WITH THE MAURITANIAN BAR................................................................... 36
•
MEETING WITH THE UNITED NATIONS SYSTEM ....................................................... 37
•
VISIT TO THE TADAMOUN NATIONAL AGENCY FOR COMBATING THE
CONSEQUENCES OF SLAVERY, INTEGRATION AND ERADICATING POVERTY ..... 41
VISIT TO THE DAR-NAÏM PRISON ............................................................................................ 42
•
VISIT TO THE SEBKHA FEMALE PRISON ........................................................................ 43
•
VISIT TO THE RECEPTION AND SOCIAL REINTEGRATION CENTRE FOR
MINORS IN CONFLICT WITH THE LAW .................................................................................. 44
•
VISIT TO THE EL MINA SCHOOL OF EXCELLENCE ..................................................... 44
•
MEETING WITH CIVIL SOCIETY ......................................................................................... 45
PART THREE............................................................................................................................................ 47
I. OBSERVATIONS AND ANALYSIS OF THE HUMAN RIGHTS SITUATION IN
MAURITANIA ......................................................................................................................................... 47
II.
A.
POSITIVE ASPECTS.............................................................................................................. 49
B.
AREAS OF CONCERN .............................................................................................................. 51
CONCLUSION AND RECOMMENDATIONS........................................................................... 52
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ACKNOWLEDGEMENTS
The African Commission on Human and Peoples’ Rights (The Commission) would like to
express its gratitude to the Government of the Islamic Republic of Mauritania for authorising
the joint human rights promotion mission conducted by a delegation of the Commission
from 15 to 21 December, 2016.
The Commission expresses its sincere thanks to the High Authorities of the country for
providing the Delegation with all the necessary facilities as well as the staff required for the
successful conduct of the mission.
It particularly expresses its profound gratitude to the Commissioner of Human Rights
and Humanitarian Action, the key institution behind the organization of the mission, as
well as his staff.
The Commission would also like to thank the various national institutions, international and
inter-governmental organizations for accepting to meet the Delegation and to provide it with
useful information on the human rights situation in the Islamic Republic of Mauritania.
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ACRONYMS AND ABBREVIATIONS
ACHPR
AIDS
CARITAS
FGM
IOM
NHRC
NGO
ONARS
UNDP
UNHCR
UNICEF
: African Commission on Human and Peoples’ Rights
: Acquired Immune Deficiency Syndrome
: Catholic Relief Agency
: Female Genital Mutilation
: International Organisation for Migration
: National Human Rights Commission
: Non-Governmental Organisation
: National Board for Assistance to Refugees and Disaster Victims
: United Nations Development Programme
: United Nations High Commission for Refugees
: United Nations Children’s and Emergency Fund
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PART ONE
I.
INTRODUCTION
1. The African Charter on Human and Peoples’ Rights (The African Charter), adopted on 21
June, 1981 by the Assembly of Heads of State and Government in Nairobi, Kenya, came
into force on 21 October, 1986. It establishes in Articles 30 et seq. that the African
Commission on Human and Peoples’ Rights (The Commission) remains till this day the
main organ of the African Union (AU) for the promotion of human rights.
2. Under Article 45 of the African Charter, the African Commission is mandated to promote
the human rights and fundamental freedoms guaranteed by the said Charter, protect the
said rights and freedoms, monitor the implementation of the Charter, interpret its
provisions and provide legal advice at the request of the Assembly of Heads of State and
Government.
3. Furthermore, it is expected to collect documentation, conduct studies and research on
African problems in the area of human and peoples’ rights, organize seminars, symposia
and conferences, disseminate information and encourage national and local bodies in
charge of human and peoples’ rights.
4. It is in furtherance of the implementation of this mandate of the Commission that
Honourable Commissioner Soyata Maiga, Vice-Chairperson of the Commission,
Chairperson of the Committee on the Protection of the Rights of Persons Living with HIV
(PLWHA) and Persons at Risk, Vulnerable to and Affected by HIV and Chairperson of the
Working Group on Indigenous Populations/Communities, led a joint human rights
promotion mission to the Islamic Republic of Mauritania from 15 to 21 December,
2016
with:
− Honourable Commissioner Maya Sahli-Fadel, Special Rapporteur on
Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa and
Commissioner in charge of the promotion and protection of human rights in
the Islamic Republic of Mauritania;
− Honourable Commissioner Reine Alapini-Gansou, Special Rapporteur on the
rights of Human Rights Defenders in Africa, and
− Miss Estelle Nkounkou Ngongo, Legal Officer at the Secretariat of the
Commission.
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II.
TERMS OF REFERENCE OF THE MISSION
5. The main objective of the mission was to monitor the previous promotion mission
conducted by the Commission from 9 to 17 February, 2010 and to assess the status of the
implementation of the recommendations made after the mission. The other objectives of
the mission focused on the following:
• Promoting the African Charter, the Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) and
all the other legal regional and universal human rights instruments;
• Strengthening relations between the Commission and Mauritania in the area of
human rights promotion and protection as guaranteed by the Charter,
including other relevant national, regional and universal legal instruments;
• Engaging in dialogue with the Government of Mauritania on the legislative
and other measures taken to give full effect to the provisions of the African
Charter, the Maputo Protocol and the other duly ratified instruments;
• Inquiring about the status of implementation of the decisions of the African
Commission on Human and Peoples’ Rights;
• Exchanging opinions and sharing experiences with the Mauritanian
Government as well as with other stakeholders involved in human rights
activities in the country, on strategies to enhance the enjoyment of these rights;
• Collecting all relevant information on the situation of the rights of women and
children and on the situation of other vulnerable groups as well as finding best
practices and measures for positive action and, where necessary, persistent
challenges;
• Discussing the situation of refugees, particularly persons repatriated from
Senegal, and internally displaced persons;
• Collecting information on indigenous populations, older persons and persons
with disabilities in Mauritania;
• Assessing the level of enjoyment of economic, social and cultural rights by all
Mauritanian citizens and measures taken by the government for the enjoyment
of these rights;
• Collecting information on the situation of human rights defenders in the
Republic of Mauritania and engaging the various stakeholders to understand
the problems hindering the effective enjoyment of their rights, where
applicable;
• Sharing and collecting information on the extractive industries sector and
assessing its impact on the environment and lives of the citizens;
• Collecting information on the issue of HIV/AIDS and inquiring about
measures and policies put in place by the Government to prevent and combat
the pandemic as well as to protect the rights of persons living with the virus
and persons at risk, vulnerable to and affected by the disease;
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•
•
•
III.
Meeting all stakeholders involved in the area of human rights in order to,
among others, have interactions on their programmes, their assessment of the
human rights situation in the country as well as the difficulties encountered in
the conduct of their activities;
Visiting the prisons and other detention centres in order to become acquainted
with the detention conditions of incarcerated persons, and
Visiting schools and centres hosting persons with disabilities, in particular.
HISTORICAL,
GEOGRAPHIC
AND
INSTITUTIONAL
BACKGROUND OF THE ISLAMIC REPUBLIC OF MAURITANIA
A. Historical, Socio-Economic and Geographic Overview
6. The Islamic Republic of Mauritania has a surface area of 1,030,700 km2, and shares
borders with Algeria to the north, the Western Sahara to the north-west and Mali to
the east; it is bordered on the west by the Atlantic Ocean, over a stretch of more than
700 kilometres and to the south by the River Senegal.
7. Mauritania is divided into four natural regions: The country has a population of 4.1
million inhabitants (World Bank, 2015); the population growth rate is 3 % (World
Bank, 2014) and life expectancy at birth is estimated at 63 years (UNDP, 2014). The
literacy rate is 46 % (UNDP, 2014), while the human development index is 0.506, 156th
out of 188 (UNDP, 2014).)
8. Mauritania is administratively organized into 13 regions (Wilayas), including the
District of the capital, Nouakchott. The central government has broad powers;
however, since 1992, a series of national and municipal elections have given rise to a
certain level of decentralization. The official language is Arabic, while French is the
administrative language. There are several local languages like Hassaniya, which is
the most popular one, Peul, Soninké and Wolof.
9. The country’s economy is based on the exploitation of iron, gold, copper and oil which
account for four-fifths of exports, with the rest going to agricultural products and
fishing.
B. Legal Framework
10. The Islamic Republic of Mauritania has a democratic dispensation led by a President
who is elected by universal suffrage. Executive power is exercised by the government,
while legislative power is shared between the government and the two chambers of
Parliament – the National Assembly and the Senate.
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C. International and Regional Conventions as well as Human Rights Laws
Ratified and Adopted by Mauritania after 2010
At the regional level1
− African Youth Charter (2012), and
− African Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa (Kampala Convention) (2015)
At the international level2
− Optional Protocol to the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (2012);
− International Convention on the Protection of All Persons from Enforced
Disappearances (2012), and
− Convention on and Optional Protocol to the Rights of Persons with
Disabilities (2010)
Laws at the national level
− Law No. 2015-033 on the fight against torture repealing and replacing Law
No. 2013/011 of 23 January, 2013 on the eradication of slavery and torture as
crimes against humanity;
− Adoption of Law No. 2015-031 of 10 September, 2015 on the introduction of
legal assistance;
− Enactment of Organic Law No. 2012-034 of 1 April, amending certain
provisions of Ordinance No. 2006-029 on the organic law on the promotion of
access by women to electoral mandates and elective office;
− Enactment of Law No. 2012-007 of 7 February, 2012 on social security;
− Implementing legislation for the enforcement of Ordinance No. 043/2006 on
the promotion and protection of persons with disabilities as follows:
• Decree No. 2013-129 defining the capacity of persons with disabilities
and determining the measures to prevent the disability.
Mauritania has already ratified the African Charter on Human and Peoples’ Rights; Protocol to the
African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; African Charter on
the Rights and Well-Being of the Child; OAU Convention Governing Aspects Inherent to the Problems
of Refugees in Africa and the African Charter on Democracy, Elections and Governance.
2 Among the already ratified enactments, particular mention should be made of the International
Covenant on Economic, Social and Cultural Rights; International Covenant on Civil and Political Rights;
Convention on the Elimination of All Forms of Discrimination Against Women; Convention on the Rights
of the Child; International Convention for the Protection of All Persons from Enforced Disappearances;
International Convention on the Protection of the Rights of All Migrant Workers and Members of their
Families, and the International Convention on the Elimination of All Forms of Racial Discrimination.
1
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•
•
•
IV.
Decree No. 2010-222 of 20 October, 2010 establishing the National
Multi-Sectoral Council responsible for the Development of Persons
with Disabilities and Order No. 61/2013 on the appointment of
members of this Council.
Decree No. 2014-142 on the establishment of the training and social
promotion centre for children with disabilities.
Decree No. 062/2015 on the enforcement of Article 46 of Ordinance
No. 2006-043 on the 5% recruitment quota allocated to persons with
disabilities.
METHODOLOGY
9. In the course of the mission, the Delegation met various Government representatives
and other stakeholders involved in the protection and promotion of human rights in
Mauritania in order to share ideas and to collect the necessary information for the
assessment of the human rights situation in the country.
10. The meetings commenced with a brief presentation of the Commission from its
organization, composition, mandate, running to its subsidiary mechanisms by the
Head of Delegation. The recommendations made after the previous promotion
missions to the Islamic Republic of Mauritania by the Commission and its
mechanisms as well as their implementation were some of the topical issues raised by
the delegation during the mission. The Delegation had interactions with the various
stakeholders on the difficulties encountered in the implementation of the
recommendations and the obstacles to the effective enjoyment of human rights in
Mauritania.
11. The Delegation met some of the highest government authorities of the Islamic
Republic of Mauritania, particularly the Prime Minister, His Excellency Mr. Yahya
Ould Hademine, in order to pay their compliments and to account for the preliminary
outcomes of the promotion mission to Mauritania. It also had interactions with Their
Excellencies the Commissioner of Human Rights and Humanitarian Action and the
Ministers of Justice, the Interior, Parliamentary Relations and Civil Society, Youth and
Sports, Social, Children’s and Family Affairs as well as Primary and Secondary
Education.
12. The Delegation met with the Permanent Secretaries of the Ministry of Health and the
Ministry of Islamic Affairs and Traditional Education, Director General of National
Security, Speaker of Parliament, Chief Justice and the Chief Prosecutor of the Supreme
Court.
13. Other meetings were held with the National Commission on Human Rights, National
Mechanism for the Prevention of Torture (NPM), National Committee for the
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Initiative on the Transparency of the Extractive Industries, High Broadcasting
Authority, Ombudsman of the Republic, Mauritanian Bar, Tadamoun National
Agency for Addressing the Consequences of Slavery, Integration and Poverty
Alleviation, and representatives of civil society.
14. The Delegation held working sessions with representatives of the United Nations
System in Mauritania (NHRC, UNHCR, UNICEF, UNDP and IOM) and visited the
Dar-Naïm Prison, Sebkha Female Prison, Detention Centre for Minors in Conflict with
the Law and the El Mina School of Excellence.
15. The mission received media coverage in the State newspapers and broadcasting
organ. The mission ended with a press conference and the reading of its final
communiqué.
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PART TWO
I.
CONDUCT OF THE MISSION
16. This part of the report focuses on the salient points emerging from the meetings held
with the various stakeholders involved in the protection and promotion of human
rights in the Islamic Republic of Mauritania.
•
MEETING WITH THE PRIME MINISTER AND DEBRIEFING SESSION
17. The Delegation was received by the Prime Minister, His Excellency Mr. Yahya Ould
Hademine, to enable it to pay him a courtesy visit and to inform him of the objectives
of the mission as well as the preliminary findings.
18. During the meeting, the Delegation profoundly thanked the State of Mauritania for
authorising the mission and congratulated it for its regular participation in the
sessions of the Commission. It also expressed satisfaction with the progress made
since the last promotion mission conducted in 2010, particularly with regard to the
resolution of humanitarian issues.
19. The Delegation also underscored the commitment of the State of Mauritania to fulfil
its obligations under the provisions of the African Charter on Human and Peoples’
Rights and the Maputo Protocol by submitting its 10th, 11th, 12th, 13th and 14th periodic
reports on the implementation of the African Charter and its initial report on the
Maputo Protocol. It also encouraged Mauritania to host an Ordinary Session of the
Commission.
20. The Delegation also drew the attention of His Excellency, the Prime Minister to the
remaining challenges, particularly the fight against the consequences of slavery and
the effective integration of Mauritanian refugees from Senegal into the socioeconomic fabric of the country.
21. His Excellency, the Prime Minister thanked the Delegation for its visit and the
information provided. He reaffirmed the desire of Mauritania to fulfil its human
rights obligations and its commitment to do everything possible to host an Ordinary
Session of the African Commission on Human and Peoples’ Rights.
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•
MEETING WITH THE COMMISSIONER OF HUMAN RIGHTS AND
HUMANITARIAN ACTION AND THE FOCAL POINTS OF THE VARIOUS
MINISTRIES
22. The Delegation was received by the Commissioner of Human Rights and
Humanitarian Action, His Excellency Mr Cheikh Tourad Ould Abdel MALICK, in
the company of the focal points of the various ministries, for a working session prior
to the conduct of the mission.
23. During the session, the implementation of the recommendations of the 2010 mission
was discussed, and the Commissioner informed the Delegation of progress made in
that regard, particularly in the areas of addressing the issue of the consequences of
slavery, providing care for Mauritanian returnees from Senegal, rights of women,
rights of the child, persons with disabilities, torture, prisons and living conditions in
the prison environment, freedom of association and expression as well as the situation
of human rights defenders.
24. He also provided information to the effect that significant progress had been made in
the area of legislation with the 2012 constitutional review which recognizes diversity
and criminalizes slavery; it also includes the passage of a new and more
comprehensive law which introduced stiffer sanctions against perpetrators and the
establishment of Special Courts for slavery cases. A law condemning torture and
instituting the National Preventive Mechanism against Torture has been passed,
while other laws are in the process of being passed, particularly the draft bill on
gender-based violence, the draft bill on access by women to decision-making
positions and the draft bill on the freedom of association. In addition, a code on the
rights of the child is being drafted. This Code will complement the already existing
legislative framework.
25. Among the other advances, he mentioned the establishment of an agency to eradicate
the consequences of slavery in 2014, with the adoption of an action plan made up of
three sections: (1) legal framework, (2) sensitization on the issue for persons affected
and not affected by the consequences of slavery, and (3) implementation of
programmes intended for persons affected by the consequences of slavery. Special
courts dealing with slavery cases are also available, and these have already handed
down some judgments.
26. Concerning the return of Mauritanian refugees from Senegal, he gave the assurance
that Mauritania had complied with the tripartite agreement between Senegal,
Mauritania and the United Nations High Commission for Refugees (UNHCR). Thus,
more than 24,000 refugees have returned and undergone specific monitoring. They
were relocated to their places of origin and taken care of by the Tadoumoun Agency
set up for the implementation of the tripartite agreement. Former civil servants were
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registered and consequently compensated. Persons who had attained the retirement
age were able to exercise their rights.
27. On the rights of women, corrective measures such as policies to ensure the positive
advancement of the rights of women have been put in place, particularly in the area
of education and the fight against early marriages and forced feeding. Furthermore,
Organic Law No. 2012-034 of 12 April, 2012 was also passed to amend certain
provisions of Ordinance No. 2006-029 on the organic law for the promotion of access
by women to electoral mandates and elective office.
•
MEETING WITH THE MINISTER OF JUSTICE
28. The Delegation met the Minister, His Excellency Mr. Brahim Ould Daddah, and
raised the criminal policy issues and the reintegration of convicted persons,
particularly the vocational training modules in the prisons, access to justice and legal
aid, duality of the judicial system, eradication of harmful practices, recruitment and
training of judges, judicial reform, particularly regarding the strengthening of the
independence of the justice system, composition of the National Judicial Council,
existence of a parallel traditional justice system, distribution of the courts throughout
the country and the abolition of the death penalty.
29. In response to the Delegation’s questions, the Minister stated that judicial
independence was guaranteed by the Constitution and that the status of judges was
being amended after the previous review in 2006. The number of judges was 266, with
18 on secondment and 248 others working throughout the country.
30. The training of judges continued to be a source of concern because nearly all judges
are trained in the Sharia and Islamic Law Institute. There is also the National School
of Administration (ENA) which contributes to the training of judges, while the State
regularly calls on development partners to train groups of judges in certain legal
aspects. It is expected that a Continuing Training Centre will be set up for judges,
court clerks, lawyers and all other practitioners of law.
31. On the issue of the duality of the justice system, the Minister indicated that,
depending on their area of specialization, judges receive different training packages,
while the State intends to target the dualist training of all judges in order to harmonize
the system. To this end, a partnership agreement with Algeria will be reactivated.
32. Concerning legislative reforms, the Criminal Code has not undergone any
amendment; and since the Sharia is the sole source of law, it is difficult to repeal
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certain laws. In practice, it is normal to consult the Oulémas3 for a Fatwa4 to be issued,
a consultation to obtain a strategy for moratoria to be set on certain sentences. For
example, for cases of infanticide, a person can be released on parole in certain
instances.
33. He indicated that the death penalty is still in the Criminal Code, but the State has been
observing a moratorium since 1987; and that alternative measures like the
compensation of the parents of victims have often been applied in order to commute
the death penalty into life imprisonment and to grant a reduction of sentences in
certain cases. Abolition is still a very sensitive issue everywhere and in Muslim
countries in particular. The issue must be referred to the Oulémas for advice and it is
also necessary to introduce an awareness raising strategy on abolition among the
general public.
34. The High Judicial Council includes judges in its composition and plays a disciplinary
role. The representatives from the Executive are excluded from playing a disciplinary
role, which is the sole preserve of the judges, in order to maintain the independence
of the judiciary.
35. Furthermore, he declared that Mauritania has initiated many reforms in the justice
system targeting various sectors, particularly the specialization of judges. In addition
to that is the establishment of an information and case enrolment registry at each court
as well as a computerized library. It is also expected that the general justice system
will be strengthened in order to ensure access to justice by all persons who are liable
to trial. To this end, the law on legal assistance takes care of all pending cases, the
destitute will be exempted from paying legal costs, while an adjustment of the tax
component of legal costs already exists. A court for slavery cases has also been
established, while accompanying measures like legal assistance have been put in
place.
36. He indicated that a budget has been voted for the implementation of legal assistance
for which the selection of beneficiaries is done by a Committee made up of various
members, including civil society representatives.
3 The Ouléma is a theologian who carries out research on the Koran and the prophetic tradition (The Sunna),
but his knowledge can extend well beyond theological knowledge. Generally independent of secular
power,
he
is
the
custodian
of
Muslim
tradition
and
is
consulted
by
all.
https://fr.wikipedia.org/wiki/Oul%C3%A9ma
4 Legal opinion given by an Islamic law specialist on a specific issue. As a general rule, a fatwa is issued at
the request of an individual or judge to settle a problem on which Islamic precedents are not clear. A
specialist who can issue fatwas is called a mufti. https://fr.wikipedia.org/wiki/Fatwa
A fatwa is not necessarily a conviction. It is a religious opinion which can deal with varied areas: tax
rules, ritual practices or even food.
16 | P a g e
37. Traditional justice is handled by Cadis5, who deal with issues relating to personal
status and territorial disputes as well as act more as mediators. Nevertheless, their
official records are enforceable, and disputes which are not resolved at their level are
transferred to the Moughataa courts6.
38. Concerning the distribution of courts, there are 15 district courts and 4 Courts of
Appeal (for the entire country). The duality of jurisdiction applies to both civil and
administrative cases. To this end, there is an administrative division at the Supreme
Court, while administrative judges have been assigned to the Courts of Appeal and
the Supreme Court in order to speed up the handling of administrative disputes.
There is no Council of State, but Mauritania is working towards that end, while
discussions are on-going for a more effective duality of the judicial system.
39. Regarding capacity, there are 18 prisons and a prison population of 2,300, most of
whom are on remand. There is no problem with prison capacity at the national level;
its geographic distribution is rather the issue. However, it must be emphasized that
there is a serious concentration of crime in Nouakchott, hence the serious overpopulation in the prisons within the capital. A new prison project with a capacity of
815 persons has been planned, and it is situated about 120 kms from Nouakchott.
40. In order to reduce prison population, numerous strategies have been envisaged.
These include the introduction of an ambitious training and reintegration programme
for prisoners, application of the nolle prosequi principle, application of alternative
sentences and the transfer of minors from prison to a semi-confinement centre.
41. Concerning the reintegration of prisoners, there is only one Reintegration Centre, for
which reason the Ministry is currently relying on partnerships with the private sector
to make up for the limitations of the centre. The Centre is proposing programmes
including metal welding workshops, computer maintenance, electronic maintenance
and reforestation. In the prisons in the hinterlands, masonry and plumbing
workshops as well as Arabic and French literacy centres have also been opened in
partnership with Caritas and other NGOs. Religious lessons are also being taught.
•
MEETING WITH THE MINISTER OF THE INTERIOR
42. During the meeting with the Minister of the Interior, His Excellency Mr. Ahmedou
Ould Abdella, the Delegation had interactions on issues concerning the freedom of
association, incorporation of the gender dimension into the Police, difficulties
encountered in the issuance of civil status documents, particularly for persons who
5
A Muslim judge exercising civil, judicial and religious roles.
6 Administrative divisions or moughataa, there are 52 Moughataa judges.
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had returned from Senegal, protection measures taken to protect refugees and
migrants as well as the draft asylum bill.
43. In response to the issues raised by the Delegation, the Minister indicated that the
freedom of association was guaranteed for political parties, trade unions and civil
society associations. Cases concerning associations were initiated at the local level and
handled by the National Department. Mauritania applies the authorization regime
based on the issuance of a receipt. Associations are governed by Law No. 74/098 on
associations, while a new draft bill passed in 2014 was before Parliament for final
passage. The number of registered associations stood at nearly 9,500.
44. Political parties are governed by Law No. 024/91 on political parties; currently, there
are 103 of them, six (6) of which are headed by women. Six parties have representation
in the National Assembly.
45. On the issue of refugees, the Minister indicated that Malians accounted for most of
them (50,000) for the past five (5) years. There were Syrians (12,000), but they did not
apply for asylum because they were often only passing through. Besides, most of them
did not live in the camps, but rather in town; and they were considered more as illegal
migrants than as refugees. The State has signed a tripartite agreement with Mali and
UNHCR for the return of the Malian refugees, but since the agreement was signed in
May 2016, there has been an influx of new Malian refugees due to the situation of
insecurity in the north of Mali.
46. Concerning the problem of the issuance of civil status documents and the registration
of births, the Government has introduced a biometric system and called on the
services of the Cadis in order to ensure the success of this process. There were still no
mobile birth registry centres in existence, in particular, for the nomadic populations.
47. With regard to stateless persons, they can resort to various procedures like the
production of witnesses to attest to their Mauritanian nationality in order to obtain
civil status documents. The case of children born in refugee camps in Senegal who
would consequently have been issued with Senegalese birth certificates has been
handled by the State, and the affected persons have obtained Mauritanian documents.
48. The draft asylum bill which was still being worked on aims at improving upon the
handling of persons in this situation.
•
MEETING WITH THE MINISTER IN CHARGE OF PARLIAMENTARY
RELATIONS AND CIVIL SOCIETY
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49. During the meeting with the Minister in charge of Parliamentary Relations and Civil
Society, Her Excellency Madam Hawa Tandia, the Delegation learnt about the
organization of relations between the Ministry and civil society and Parliament,
particularly the contents of the activities of the Ministry with regard to these two
institutions (Parliament and civil society). It also inquired about the existence of a
children’s parliament and the interactions the Minister had with the latter.
50. In response to the questions of the Delegation, the Minister indicated that the
Ministry served as the transmission channel between the Government, Parliament
and civil society, particularly in the process leading to the passage of laws. The
Ministry has various structures; three of these are devoted to civil society and are
particularly involved in issues pertaining to capacity building and professional
development assistance. The structure in charge of associations bases its work on a
database of the civil society associations. Among others, assistance to the associations
focuses on their formation and the management of their funds by empowering them
to source for funds and to manage them. The number of associations stands at six
thousand (6000) and three thousand (3000) cooperatives.
51. Civil society receives a grant of MRU 125 million which is distributed based on the
bids or even in accordance with the issues and areas of activity of the associations.
Through the introduction of this grant, the State wants to replace foreign donors who
usually fund these associations.
52. One of the main obstacles to the work of the Ministry is the multiplicity of
departments working with the associations; this situation dilutes their resources and
activities. Discussions were on-going in order to find a common ground and a
common strategy to enhance efficiency through the effective reorganization of these
departments.
53. Concerning the Children’s Parliament, the Minister indicated that Mauritania has
had one in place for six years now and that one child parliamentarian was a member
of the Pan-African Children’s Parliament.
•
MEETING WITH THE MINISTER OF YOUTH AND SPORTS
54. During the meeting with Her Excellency Madam Coumba Ba, Minister of Youth and
Sports, the Delegation had interactions on her ministry’s main intervention areas, its
budget, challenges encountered, effective involvement of the youth, youth training
action plan, particularly for school dropouts, as well as the existence of youth
associations and their composition, whether mixed or otherwise. The Delegation was
also interested in knowing about the ministry’s plans for the commemoration of 2017
which has been declared by the African Union as the year of the youth.
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55. In response to the various concerns expressed by members of the Delegation, the
Minister said the youth constituted a real-time bomb which could explode at any time
if adequate measures were not taken to meet their needs. One of the major concerns
had to do with security, particularly the risk of radicalization of the youth coupled
with youth unemployment. In fact, despite the numerous initiatives rolled out for the
youth by the State, particularly in the area of education, the lack of job prospects
continued to be a crucial problem.
56. It is in the light of this that the Government has placed the youth at the centre of its
concerns through a strategy (society, development, sports, economy) by involving
them in its formulation and execution. To this end, an online platform has been set up
to enable the youth from all backgrounds (the physically challenged, girls, boys,
literate or otherwise and youth from the informal sector), including those in the
diaspora, to brainstorm over the various challenges they face and to propose solutions
together with their state actors in order to deal with the issue in the best manner
possible. After the ensuing discussions with the political actors, a strategy was
formulated with the identification of priority portfolios handling youth problems to
the tune of about MRU 40 billion (USD 1,121,560,000). A round table meeting with the
various partners was also organized to mobilize the necessary funds for the effective
implementation of the youth strategy.
57. Since the budget allocated to the youth is often inadequate, this strategy is, therefore,
a first in the sub-region. Moreover, the country presented its strategy at a sub-regional
conference on the fight against youth radicalization in 2015. The country was working
on the organization of the first G5 ministers of youth conference, and Mauritania’s
strategy was expected to serve as the basis for the introduction of an integrated subregional strategy dedicated to the youth.
58. In the area of sports, a revision of the sports law provides for its reorganization,
particularly through the upgrading of the Sports and Youth Training Institute to
ensure that it meets international standards. Sports has been reintroduced in the
schools; however, a minimum level of equipment as well as good social coordinators
and trainers are required.
59. Concerning youth associations, about 20 sports associations, mostly mixed, which are
registered with the ministry. Efforts were ongoing to set up a High Youth Council and
it is also expected to introduce sporting activities in its installation programme,
including the school programme and also strengthen the training of
physical education and sports teachers (EPS).
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•
MEETING WITH THE MINISTER OF SOCIAL, CHILDREN’S AND FAMILY
AFFAIRS
60. The Delegation met Her Excellency Madam Fatimetou Mint Habib, Minister of
Social, Children’s and Family Affairs, and had interactions on measures taken in
respect of persons with disabilities, the fight against child marriages, female genital
mutilation (FGM) and the other achievements of the Ministry.
61. According to the Minister, the main mission of the Ministry is to work towards an
improvement in social cohesion; to this end, several activities are being carried out,
particularly medical care (evacuation based on an agreement signed with Morocco),
care for the destitute and the coordination of the handling of certain health conditions
affecting women and children.
62. The Ordinance on the promotion and protection of persons with disabilities passed in
2006 caters for the needs of persons with disabilities through enforcement decrees.
There is a training centre for persons with multiple disabilities in Nouakchott with an
accommodation capacity for 167 children, while specific measures have been put in
place to enable them to join the general educational system. Thus, in collaboration
with the Ministry of Primary and Secondary Education, a special class for pupils at
the secondary level has been opened to receive them. Many constraints, particularly
the inadequacy of specialized human resources, are limiting the development of such
initiatives. Plans are underway to build a training centre for parents of children with
disabilities in order to teach them to understand their children and their needs, while
a second one will be built to cater for autistic children. A ministerial Order will also
be issued to compel public places to ensure compliance with international standards
concerning access by persons with disabilities.
63. The Ministry also caters for adults with disabilities and is allocated a budget of MRU
99 million for that purpose. The State has taken various measures to ensure the
integration of persons with disabilities. Thus, a special measure ensured the
recruitment of 100 unemployed persons with disabilities into the Civil Service, while
programmes to fund income-generating activities have been introduced.
64. Care for older persons is provided by their families; yet, several accompanying
measures are made available to them, particularly full coverage by the National
Health Insurance Fund (CNAM) and priority access to health care and the distribution
of foodstuffs.
65. The Ministry also monitored the school needs of needy children and assisted children
to obtain civil status documents. The women’s department deals with issues relating
to the rights of women. Significant progress has been made in the area of political
representation of women. Thus, there are six female mayors and 35% female
21 | P a g e
councillors, a position which exceeds the average quota of 30% allocated at this level,
and given the fact that this quota has not yet been attained in Parliament.
66. Concerning the fight against child marriages, there is a continuous sensitization
programme on the attendant harmful consequences; this programme involves the
Oulémas, Ministry of Religious Affairs, women’s associations as well as international
organizations like UNICEF, UNDP and UNFPA, hence the decline in the practice.
67. On the issue of female genital mutilation, sensitization campaigns are being organized
constantly; the FGM rate is 63%, but it varies from region to region, while poverty and
illiteracy remain the major challenge.
•
MEETING WITH THE MINISTER IN CHARGE OF PRIMARY AND
SECONDARY EDUCATION
68. During the meeting with the Minister in charge of Primary and Secondary Education,
His Excellency Mr. Isselmou O. Sidi El Moctar O. Lehbib, discussions focused on
relations between the Ministry and the Mahadras7, incorporation of universal
education into these institutions and their standardization, measures taken to
promote girl-child education, content of secondary education, incorporation of
human rights into the curricula, measures taken for the education of street children,
the school of excellence principle, training of trainers and the issue of the education
of children without civil status documents. Other issues focused on the school
dropout rate and measures taken to remedy it, as well as collaboration with other
ministries to resolve certain cross-cutting issues.
69. The Minister first indicated that his Ministry was basing its work on a ten-year (20112020) multi-faceted national education strategy on the quality of teaching and its
impact on development. The national education development strategy focuses on the
growth in inequalities in order check it more effectively. The priorities of the State are
free compulsory education for children aged between 6 and 14, education for all and
the fight against regional disparities. He also stressed that 27% of the budget is
allocated to education and the literacy rate for children is about 75%8 , while there has
been a net increase in the enrolment of children into their first year at school.
70. The Ministry identified three priority areas of education which form part of an overall
strategy through action plans and programmes put in place to improve the
educational sector. Thus, among the measures targeted at combating the dropout rate
are the supply of school kits and specific aids for certain pupils, development of
7
8
Institutions providing traditional education, Koranic schools
https://www.unicef.org/french/infobycountry/mauritania_statistics.html
22 | P a g e
community schools, building of school canteens and the search for families which can
accommodate pupils living far away from school, especially girls.
71. However, in spite of all its efforts, access to education is still limited by numerous
factors (economic, cultural, customary, etc.). A lot still remains to be done for certain
segments of society to generally realize the importance of education. More resources
would have to be deployed to combat these inequalities, illiteracy and ignorance more
effectively.
72. The Ministry engaged with other ministries such as the one in charge of social affairs
to promote girl-child education by focusing primarily on the four most densely
populated regions to carry out activities aimed promoting girl-child education. There
is also a mechanism for coordination between the Ministries of Education and Social
Affairs and a Steering Committee which has civil society representation. Girls
generally obtain better results than boys, but tend to drop out of secondary school
more due to several reasons, including poverty, unfavourable cultural factors and
customs.
73. The schools of excellence were established to encourage pupils to imbibe the culture
of excellence and to enable certain disadvantaged segments to attain excellence; since
their financial circumstances would not allow them and also the selection is based on
school results.
74. There are four (4) training of trainers’ centres, and a trainer must have undergone
specific training and hold a minimum of BAC+3 (GCE A’Level+3). The incorporation
of human rights into the curricula, which started at the secondary school level in
particular, is being done gradually.
75. Relations between the Ministry and the Mahadras are ensured through the Ministry
of Islamic Affairs and Traditional Education. However, the Ministry organizes
sensitization campaigns for the Mahadras on the importance of girl-child education.
76. On the issue of the difficulties children without civil status documents would have
faced to gain admission to school, the Minister indicated that although the law
specifies that all children must have their birth certificates to gain admission to school,
a certain flexibility is applied in the schools, while other measures have been taken to
allow others to take their end-of-year examinations. Thus, Sensitization Committees
have been set up with the cooperation of parents in order to encourage them to
register their children at the registry office. Instructions have also been given to village
chiefs to introduce identity cards for children. However, other accompanying
measures must be taken to ensure that the law is better applied. Nevertheless, it has
been observed that the proportion of school children without civil status documents
has witnessed a marked decline in the last two years.
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•
MEETING WITH THE PERMANENT SECRETARY OF THE MINISTRY OF
HEALTH
77. The Delegation met the Permanent Secretary of the Ministry of Health, Mr. Ahmed
Ould Dié, and inquired about the implementation of the health policy, training of
doctors and paramedics, management of social and medical coverage, care of
vulnerable persons, most widespread diseases and private sector activities in the area
of medicine. Other concerns focused on the HIV/AIDS prevalence rate depending on
various categories (men, women, children, sex workers, lorry drivers, homosexuals
and prisoners), number of persons receiving anti-retroviral treatment, level of
sensitization on the disease, mobilization of financial resources and the involvement
of the private sector as well as international partners.
78. The Permanent Secretary provided the Delegation with information on the various
achievements chalked, particularly in the area of medical infrastructure, as a result of
which Mauritania has about 750 Health Centres, including three National General
Hospitals, three Specialized Hospitals (Oncology, Mother-Child and Cardiology), two
Departmental Hospitals and two others under construction. There are also Curative
Institutes which assist sick people (orthopaedics and blood transfusion) and an
Institute to combat hepatitis. In addition, the National Assembly has approved a
reproductive health law which will strengthen the health policy.
79. With regard to the national health policy, a National Plan was reassessed for the
period 2017-2020 and was in the process of being adopted. The Government has also
initiated a policy to ensure that all citizens have universal health coverage by 2020
(only 18% of the population was currently covered). To this end, special conditions
have been introduced by the National Health Insurance Fund (CNAM) to facilitate
access to health care and the possibility of direct payment by a third-party. The
Department of Social Work is also supporting persons suffering from chronic
diseases. All the hospitalization fees for certain ailments have also been taken up by
the State or the CNAM, particularly for cancer patients through the Oncology Centre
as well as patients requiring dialysis or those suffering from heart diseases. The State
also bears responsibility for up to 30% of the costs of certain categories of povertystricken people. There is also a committee in charge of health evacuation for diseases
which cannot be treated in the country. The State generally bears the cost of these
evacuations.
80. The commonest diseases are malaria, tuberculosis and HIV/AIDS. On the other hand,
certain diseases like whooping cough, measles and poliomyelitis have witnessed a
very significant decline. The State has introduced new vaccines into the health system,
particularly for cervical cancer, while ARVs (anti-retrovirals) and treatment of malaria
and other chronic diseases are already free of charge.
24 | P a g e
81. Concerning the training of doctors, the Faculty of Medicine is the country’s leading
training institution, while there are five schools for the training of paramedics
throughout the country. There is a net increase in the number of paramedics, and in
order to ensure that they are better equipped, their training is being reassessed.
82. The State is also trying to regulate the private health sector because it is accessed by a
greater part the population who must be protected from the weaknesses which could
possibly arise out of this sector (there are 10 major clinics , 60 physicians’/dentists’
private clinics, 100 pharmacists).
83. Although Mauritania has a relatively low HIV/AIDS prevalence rate (0.5), the
country is all the same facing challenges in this area. With regard to the positives,
significant progress has been made, particularly through a real commitment on the
part of the authorities with the setting up of a Secretariat to combat HIV/AIDS,
passage of Law No. 042/2007 on the protection of persons living with HIV/AIDS, free
treatment for the sick and placement of 50% of persons under ARVs out of the 5,500
infected persons. Note should also be taken of efforts made in the area of prevention.
•
MEETING WITH THE PERMANENT SECRETARY OF THE MINISTRY OF
ISLAMIC AFFAIRS AND TRADITIONAL EDUCATION
84. The Delegation was received by the Permanent Secretary of the Ministry of Islamic
Affairs and Traditional Education, Mr Idrissa Kebe, who had interactions with it on
the activities of the Ministry to ensure a better understanding of the religion and to
guarantee peace and security, among others. The Delegation also wanted further
information on the curriculum for children receiving traditional education. Recalling
the observations of the previous promotion mission which noted the issue of
recognition of the certificates of children who have taken this educational path when
it comes to the modern educational sector, the Delegation wanted to know the reforms
carried out to address this concern.
85. On the Ministry’s contribution to a better understanding of the religion in order to
ensure peace and security, the Permanent Secretary indicated that the Ministry has a
strategy which aims at deconstructing radical speech, while it is providing Imams
with human rights training so that they will be able to pass on the same to the people.
There is group of Oulemas working at the Ministry to ensure that the true form of
Islam is taught in the Mahadras in order to combat radicalization. They are also
organizing meetings to discuss radicalization and its consequences. The Ministry has
a project to train religious leaders on their involvement in social issues concerning the
people.
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86. In order to address the problems identified in the Mahadra course and the latter’s
compatibility with modern education, a programme for the development of modern
Mahadras, which includes science subjects and other general subjects, has been
introduced to deal with the gaps in the traditional education. Nevertheless, as a
general rule, teaching in the Mahadras is not solely limited to the teaching of the
Koran, as other subjects are taught to enable pupils to pursue studies in the universal
system of public schools.
87. Traditional education is voluntary and private, as opposed to modern education
which is public and compulsory. The Government is just trying to play a supervisory
role. It is often preferred by the people because it is more accessible. The Ministry is
encouraging the Mahadras to modernize their ways, particularly through the
introduction of science subjects in the already existing ones in the remote
communities, especially where the Mahadra is the model school, even if modern
public schools also exist. This is to enable children who attended these Mahadras to
take the examinations in the modern system or in the Islamic institutions. The
distinctive feature of the Mahadras is that, unlike the modern schools, there is no age
limit for admission. The traditional education has one course – a primary level, a
secondary level and a higher level. Thus, children who have taken this course can go
to the professional university training institutes.
•
MEETING WITH THE DIRECTOR-GENERAL OF NATIONAL SECURITY
88. The Delegation was received by the Director-General of National Security, MajorGeneral Mohamed Ould Meguet, who had discussions with members on the
composition of the Police Force, the place of women in the Police, the training course
for Police officers and the incorporation of human rights modules in the course,
particularly on torture and degrading and inhuman treatment as well as custody
conditions. The Delegation also inquired about the existence of a Gender Unit in the
police stations.
89. The Director-General informed the Delegation that the Police Force is made up of both
men and women; nevertheless, the number of policewomen was very low (260 against
more than 3,000 men). Entry into the Police has been open to women since the 90s,
and some of them have risen to the rank of Superintendents with stations under their
command.
90. With regard to the incorporation of human rights into the Police training course, he
acknowledged that a lot remained to be done, but intimated that they were committed
to ensuring that the African Charter and the Universal Declaration of Human Rights
are posted in the stations in order to make the contents known to them.
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91. Concerning custody conditions, he has in place a system of effecting arrests for
questioning based on which the Police carries out its missions and tackles the respect
of rights of accused persons. However, he acknowledged that it is not always easy to
maintain a balance between the maintenance of order and respect for individual
freedoms. Since the credibility of the Police has been damaged by accusations of ill
treatment, all allegations of torture are being closely monitored in order to safeguard
this balance.
92. He also informed the Delegation that for the past three years, a budget is voted for the
construction of new stations, particularly stations for minors which have already been
constructed, and one of which is commanded by a woman. In the area of gender, there
was no Gender Unit in the stations, but efforts were being made for women who had
come to lodge complaints to be received by policewomen.
•
MEETING WITH THE SPEAKER OF PARLIAMENT
93. The Delegation was received by the Speaker of Parliament, Mr. Mohamed Boilil
M’Bareck, with whom members had interactions on various issues, particularly
reforms carried out, representation of women in decision-making bodies, delay in the
process leading to the passage of laws, continuing education of parliamentarians,
their interaction with civil society as well as other relevant issues relating to the work
of Parliament.
94. The Speaker indicated that many reforms have been carried out with regard to various
issues, particularly, concerning the criminalization of slavery and the firm
commitment of the Government to permanently put an end to it. Laws have been
passed for the promotion and protection of human rights, while Parliament is
constantly urging the Government to implement various programmes. Other reforms
have been focused on the strengthening of social cohesion. Thus, as part of a global
society project, more than 180 plots serviced with the required infrastructure (water,
electricity, schools, hospitals, etc.) were distributed to the people.
95. Concerning the elevation of women to decision-making bodies, generally-speaking,
the 30% quota has still not been attained. Representation of women in Parliament
stood at 23% (33 women out of 145 MPs), although the law requires that for every
three MPs per Mougataa, one should be a woman. Female parliamentarians are very
knowledgeable and do not hesitate to engage the Government during sessions when
series of questions are put to the Government. They also belong to networks of female
parliamentarians at both the regional and international levels.
96. With regard to the delay in the process leading to the formulation and passage of laws
in Parliament, the Speaker indicated that certain laws are sometimes passed after the
first reading without a vote, but that others require more time for consideration.
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Concerning the draft bill on violence against women, it has still not been laid before
Parliament. There are thematic groups in Parliament which focus on various issues
like HIV/AIDS, women, children, education, etc. These thematic groups also
participate in the process leading to the passage of laws, particularly when these laws
relate to their area.
97. In addition to parliamentary exchange missions with other countries, there are a few
continuing training programmes for parliamentarians. Parliament also organizes
open days to sensitize pupils on the work of Parliament.
98. Interaction with civil society is ensured by involving them at various levels and by
sensitizing them on what is being done in Parliament; nevertheless, he believes that
civil society should be more pragmatic.
99. In order to optimize the work of Parliament, the number of months of work of
Parliament was increased from four to eight months through a reform. In spite of the
challenges regarding absenteeism, the results have been satisfactory, although there
is room for improvement.
•
MEETING WITH THE CHIEF JUSTICE
100. The Delegation held discussions with the Chief Justice, Mr. Yahfdhou Ould
Mohamed Youssef, on the reform of the justice system, access to the Bench by women,
causes of the length of remand and access to lawyers in detention centres.
101. The Chief Justice first made a brief presentation of the organizational structure of
the Court which is made up of five divisions, subdivided into two civil divisions, two
administrative divisions and one criminal division. There were 28 judges at post, and
five of them held the position of Presiding Judges.
102. On the reform of the justice system, the Chief Justice indicated it is being carried
out through various actions, particularly the introduction of a policy to modernize the
justice system on the translation and publication of the judgments of the Court in both
French and Arabic. A documentation and research centre has also been set up at the
Court (digital library). In addition, a cooperation agreement had been signed with the
Final Court of Appeal of France within the framework of an agreement with the
European Union.
103. Concerning the training of judges, although the Ministry of Justice is the authority
responsible for that, the Court organizes a few training programmes on various
thematic areas for them. Moreover, as part of the cooperation arrangement with the
European Union, a project aimed at strengthening the capacity of judges has been
proposed.
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104. It is necessary to carry out reforms and to work on the mentality of people to
ensure a real integration of women into the justice system. In fact, there were only
three women in the administration of justice at the national level, but none was a
judge; and there was no minimum quota for the integration of gender into the
judiciary.
105. The length of remand and the attendant over-crowding of prisons are mainly due
to the increase in offences committed in the capital. As part of the reform of the justice
system, the State has divided the country into three judicial regions in an attempt to
solve this problem; in addition to the computerization of the handling of records. This
has contributed significantly to the shortening of the period of preliminary
investigations9. However, there is still more room for improvement. Under the
provisions of the law, lawyers must have free access to accused persons. This was
being complied with.
•
MEETING WITH THE CHIEF PROSECUTOR OF THE SUPREME COURT
106. At the meeting with the Chief Prosecutor of the Supreme Court, Mr. Sidi
Mohamed Ould Mohamed Lemine, the Delegation had, among others, interactions
on the causes of the length of remand, access by lawyers to detention centres and
sanctions for the ill treatment of prisoners in the police stations.
107. For the Chief Prosecutor, the legal vacation has a lot to do with the length of
remand, in addition to the change of judges at the courts which also contributes to the
slowing down of the process as well other judicial practices. In fact, the sessions of the
Criminal Court are held only once in a year. However, “in the event of an obvious
crime, a mandatory session shall be held in the month after the examination of the
accused person by the Attorney General, except where the presiding judge of the
criminal court orders for further information” (Article 204 CPP).10 However, some
prisoners sometimes use tricks to elude justice and conviction by producing medical
certificates to prove their inability to appear in court in order to slow down the
process, for example.
108. Furthermore, accused persons from the hinterland are the biggest victims of long
remand because their records must first be dealt with by the judge in the hinterland;
and if the latter cannot be present, he must prepare written interrogatories to enable
the judge in the capital to take over the case. Since the latter already has a backlog of
cases, the process lengthens in the same way as remand does. Finally, there is some
At the time of the mission, the Public Prosecutor’s Department was handling records for 2015 and 2016
http://mmtcabinetavocat.e-monsite.com/pages/publications/organisation-des-tribunaux-mauritaniens-etnotions-de-procedures.html
9
10
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confusion in the Criminal Code with regard to the extension of remand. In fact, the
extension is sometimes due to a poor interpretation of the article providing for it. For
this reason, the Criminal Code must be reviewed to remedy the situation.
109. Concerning access to a lawyer by an accused person, although this has been
mandatory for minors since 2005, it only became mandatory for all accused persons
in 2015 with the ratification of the Protocol against Torture. Besides, this access must
be granted right after the first hour of arrest. Legal assistance is provided
automatically by the court when minors are involved, but must also be done for adults
to avoid sanctions through annulment proceedings for lack of counsel.
110. In conclusion, the Chief Prosecutor of the Supreme Court indicated that he had no
knowledge of reports mentioning ill treatment of prisoners in the police stations.
However, he indicated that a check is conducted in the police stations by the Public
Prosecutor’s Department through the public prosecutors, and that if a complaint is
reported to them, they initiate proceedings against the perpetrators of the ill
treatment.
•
MEETING WITH THE NATIONAL COMMISSION ON HUMAN RIGHTS
111. The Delegation was received by Madam Irabiha Abdel Wedoud, Chairperson of
the National Human Rights Commission (NHRC), and a few members of her team to
discuss the mission of the NHRC and its achievements.
112. The NHRC is made up of 27 members who are elected for three years. It has a
promotion and protection mandate and, therefore, receives complaints on mainly
land dispute issues, particularly in the rural areas. To ensure efficiency, it has assigned
four (4) focal points to the protection mandate. The Commission consists of six (6) subcommittees and ten (10) thematic working groups. Cases are referred to the NHRC
for various reasons and by many people who are in need of legal assistance,
particularly women. The NHRC is an accredited Class A institution in accordance
with the Paris Principles.
113. The NHRC is carrying out numerous promotion activities at the University and
with lawyers, judges, prison’s administration and the police. It publishes an activity
Report every year on a specific theme, with the theme for 2016 focusing on children
to ensure a better administration of justice for minors, particularly in the face of the
problem of radicalization. The challenges relating to the protection of children are
many, and one of the weaknesses is the lack of social workers to ensure that children
are better protected.
114. The NHRC is seriously involved in the fight against violence against women and
it is working in this regard to secure an amendment of the Criminal Code. It was
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particularly involved in the development of the draft bill on gender-based violence
by carrying out advocacy activities for its passage. However, it acknowledges that this
draft bill could be improved upon for it to effectively meet the protection needs of
women.
115. On the issue of female genital mutilation (FGM), a lot of progress has been made,
particularly with the issuance of a Fatwa by the Imams banning its practice.
116. The NHRC is working a lot with persons with disabilities in order to make them
visible, get them to stop begging and to put an end to the sexual harassment of women
with disabilities. To this end, it is working in close collaboration with a parliamentary
group for the passage of a new law.
117. It is also conducting visits to the prisons and has observed some progress in those
facilities, particularly regarding the medical care of prisoners and an improvement in
the behaviour of wardens. To this end, the NHRC was planning to develop a human
rights guide for a proper application of criminal justice.
118. Several sectors are represented on the NHRC, including a representative of the
Association of Victims of Repression (COVIRE)11, which is also made up of the
associations of widows, orphans and ex-convicts. COVIRE is working to ensure that
the duty of remembrance and reparation is respected, while the truth is established.
Thus far, certain aspects have been tackled by the State, particularly in the area of
social activities. In fact, more than 263 widows have been provided with
accommodation and some officers have also been compensated, yet justice has still
not been done. This is why a mediation mechanism has been established at COVIRE,
with people waiting for their compensation.
•
MEETING WITH THE MEMBERS OF THE NATIONAL MECHANISM FOR THE
PREVENTION OF TORTURE (NPM)
119. The Delegation was received by the Chairman of the National Mechanism for the
Prevention of Torture, Dr Mohamed Lemine Haless, as well as the members of the
Mechanism. During the meeting, the Delegation received information on the
composition of the Mechanism, its role and the activities it has already undertaken.
120. In response to the Delegation’s questions, Dr. Haless made a brief presentation of the
Mechanism established in keeping with Mauritania’s international commitments,
following the ratification of the Optional Protocol to the Convention Against Torture
11 Mauritania went through a cycle of ethnic violence between 1986 and 1991 characterized by deportations, extra-
judicial executions of soldiers and black civilians, with the 1989-1991 period being the murkiest. With the exception of
the case of the 502 soldiers which is generally mentioned, the number of victims has never been established.
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(OPCAT), in order to ensure the effective protection of all citizens from acts of torture,
Thus, a law on the fight against torture has been passed12.
121. The members of the NPM come from diverse backgrounds and represent civil society,
the diplomatic corps, academia, the medical association and the Bar Association. They
are 13 in number, including 4 women, and are selected by their respective bodies. The
NPM enjoys relative independence, with the exception of the possibility the law
grants the President of the Republic to choose the chairperson of the NPM outside of
the group of shortlisted persons.
122. The members, who are appointed by decree, have a four-year mandate which can be
renewed once. The NPM has an independent budget and organizes training
programmes and sensitization campaigns, visits to all the country’s prisons and
undertakes surveillance missions.
123. The NPM complements the work of the NHRC on issues relating to torture and
inhuman and degrading treatment. According to the Chairman, unlike inhuman and
degrading treatment which is still taking place, physical torture does not occur in
Mauritania. He also stressed that some of the prison conditions should be improved
upon.
124. He finally expressed the desire of members of the NPM to receive training from
the African Commission in order to strengthen their capacity so that they can be better
equipped to accomplish the mission assigned to them.
•
MEETING WITH THE NATIONAL COMMITTEE FOR THE EXTRACTIVE
INDUSTRIES TRANSPARENCY INITIATIVE (CNITIE)
125. The Delegation met with Mr. Djibril Sow, the Chairman of the National
Committee on Extractive Industries Transparency Initiative (EITI) and some members
of the Committee, to acquaint itself with the mission and objectives of this Committee,
and its relationship with the Ministry of Mines and Energy. The Delegation also
wanted to know the extent of involvement of the local populations in the Committee’s
actions and benefits it derives from the latter, and its relationship with civil society.
126. The Chairman pointed out that the Committee which is responsible for the
implementation and monitoring of Extractive Industries Transparency Initiative was
a platform for consultation and exchange. It includes public authorities, oil, gas and
mining companies, and civil society. Its mission is to implement, in a participatory
12 Law No. 2015-033 on the fight against torture abrogating and replacing Law No. 2013/011 of 23 January, 2013 on the
repression of slavery and torture-related crimes of 2015 as crimes against humanity.
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manner, the principles and measures of the Extractive Industries Transparency
Initiative (EITI), with a view to ensuring the optimal contribution of revenue
generated by extractive industries to the development of the country and to poverty
alleviation.
127. The Committee is also responsible for providing regular updates to national and
international public opinion in respect of all revenues derived from the operations of
the extractive industries as well as all payments made to the State by the oil, gas and
mining companies. It is composed of 29 members, with 6 representing government, 5
drawn from the extractive companies and 18 from civil society who constitute the
channels to the population.
128. It was in September, 2005 that Mauritania decided to become a member of the
Extractive Industries Transparency Initiative (EITI), with a view to fostering longterm economic growth, based on an optimal contribution of revenues from the
extractive industries to development projects and poverty alleviation.
129. The Committee ensures that companies sign a Charter of Good Governance and
with the help of NGOs, monitors the activities of the latter and support them as much
as possible to ensure that they take into account the environmental impact of their
activities as well as the rights of workers who are very often sidelined. They write
reports and make recommendations which are submitted to the government for
implementation through an Inter-Ministerial Committee.
130. Regarding the Committee’s relationship with the local populations, the Chairman
acknowledged that the rights of the populations were not taken into account and that
corrective measures needed to be taken in the future. The same was true of the
application of the human rights-based approach in their actions.
131. In conclusion, he stressed that despite the measures taken, transparency in Africa
is not easily achievable, because it is difficult to access information. Nevertheless, the
Committee requires that all information be published, in particular that mining and
oil land registers be made available online for better access to information. The
Committee also trains the NGO’s working on these thematic areas to ensure that they
are better equipped to monitor the sector.
•
MEETING WITH THE HIGH BROADCASTING AUTHORITY
132. The Delegation met with the Chairman of the High Broadcasting Authority
(HAA), Mr. Hamoud Ould M’hamed to discuss the role of the organisation, its
prerogatives, its constitutional status and mode of intervention, especially in the
defence of journalists whose rights were allegedly violated by the government, the
33 | P a g e
collection of statistics concerning media outlets and the role played by women in the
Mauritanian press.
133. Mr. M’hamed stated that the High Broadcasting Authority was composed of an
administrative setup and a college of 6 members including its Chairman. The latter’s
role is to regulate the Press and Broadcasting Communication. It was established by
law and falls within the jurisdiction of the President of the Republic. Two of its
members were appointed by the President of the Republic, two by the Prime Minister
and two others by the Senate. It works on the basis of the texts establishing it and
those liberalising the public broadcasting space. The Authority submits an annual
report to the President of the Republic. Its main task is to promote the right to
information, freedom of speech, the importance of providing coverage for cultural
diversity and equality in media reporting, especially during elections.
134. With regard to media statistics, he stated that Mauritania had 5 private radio
stations and 5 private TV stations that had been authorised to broadcast information
in addition to the State-owned television station. Access to information is a cultural
problem and much remains to be done so that journalists can really share information
and reach all sections of society according to their different level of understanding. To
this end, the Authority has set up communication focal points to ensure that access to
information is effective.
135. The Authority ensures that the principle of freedom of the editorial policy is
respected in the various editorial offices. The Authority adequately monitors the
media according to the culture and degree of knowledge on the basis of a modus
vivendi, by ensuring that journalists apply a minimum code of ethics. The Authority
also deals with issues of excesses in coverage to avoid as much as possible the closure
of the media; but in some cases, the Authority had to suspend the broadcast of some
programmes (2 suspensions in 5 years). Most of the decisions are often arrived at on
the basis of consensus.
136. There is a public Assistance Fund of 1 million MRU for the Press. The media
houses will benefit from the Fund on the basis of file review. As for training, the
National School for Magistrates (ENAM) also trains journalists. The journalism course
is also taught at the Islamic Institute.
137. Regarding press offences, they have been decriminalized; the offence against the
Head of State has also been decriminalized. However, defamation complaints are
common, and this makes regulation difficult.
138. Women are fairly represented in the profession. There are 4 women chairpersons
in the media labour unions of the Press; and the national television network is headed
34 | P a g e
by a woman while another woman owns a private television channel. There are
thirteen (13) journalism associations.
•
MEETING WITH THE OMBUDSMAN OF THE REPUBLIC
139. The Delegation met with the Ombudsman, Mr. Sid'Ahmed Ould El Bou Ould
Abdi Ould Jiyid, to discuss the role of the Ombudsman; his mode of operation and
relationship with other institutions. The Delegation also inquired about the measures
taken by the Ombudsman and his impact on the populations.
140. For his part, the Ombudsman stated that his institution was established by
Presidential Decree in 1993. He receives, under conditions provided for by law,
complaints from citizens concerning unresolved disputes, as part of their relationship
with central and local government authorities, public institutions and any other body
entrusted with a public service mandate.
141. The function of the Ombudsman is incompatible with the functions of members of
Government, the exercise of any electoral mandate and generally any public or private
employment. The rules of organisation and operation of this institution are set by
Decree.
142. The Ombudsman can only receive complaints through parliamentarians and
mayors since he cannot be seised directly by petitioners. When the Office was
established, the number of complaints was quite high (100) but over the years, the
number has dropped significantly (20). His sphere of activity is defined by law, and
he can only intervene after the verdict of the judiciary, because he rules on the nonexecution of court rulings delivered against the public authorities, in disputes
between petitioners and public authorities.
143. In terms of collaboration, he maintains relations with different actors such as the
NPM, the HAA or Civil Society, which help educate the people on their rights and the
role of the Ombudsman.
144. The challenges faced by this Office in carrying out its mandate are related to the
lack of adequate human and financial resources, which greatly affect his job.
Furthermore, the fact that the Office is located in the capital constitutes a handicap for
the Ombudsman. There was an attempt to decentralize the Office, but it was
unsuccessful. A review of the texts would be useful in order to review his function
and make him more efficient. The Ombudsman submits an annual report to the
President of the Republic.
145. There was a proposed reform intended to abolish the High Court and integrate the
High Islamic Council and the institution of the Ombudsman into the High Council of
35 | P a g e
the Fatwa. But this has not yet happened. There is the need to ensure the
constitutionalisation of the Ombudsman’s Office and the establishment of regional
offices.
•
MEETING WITH THE MAURITANIAN BAR
The Delegation had discussions with the President of the Bar Association, Cheikh O.
Hindy (Esq.) and some of its members on various issues, namely the contribution of
the Bar to the process of adopting new laws, the training of lawyers in human rights
texts ratified by Mauritania for use in their actions, the management of legal assistance
and its relationship with the State in the implementation process, the calling into
question of the moratorium on the death penalty, continuing education and the
existence of new programmes in the lawyers’ curriculum.
146. Mr. Hindy, indicated that the mandate of the President of the Bar was established
by an Order in 1986 and it used to be connected to the Ministry of Justice, where until
quite recently, the Bar had its offices. The President has a 3-year mandate renewable
once. The Bar does not have offices at the regional level. There are 320 lawyers
registered with the Bar Association; the majority of them are based in Nouakchott and
among them are 6 women. There are some lawyers in Nouadhibou and 3 others are
based in 3 other cities. The lawyers undergo a normal law course and later sit for an
examination for the award of the Qualifying Certificate in Law (CAPA), followed by
3 years of practical training. Moreover, the CAPA examinations were again organized,
but this had not been done since 2009. Unfortunately, women were not among the
batch which was to sit for the CAPA examinations.
147. With regard to continuing education, the Bar was trained on matters of torture by
the Association of Christians against Torture (ACAT) in collaboration with the NHRC.
Other training courses would be welcome, especially those dealing with human rights
issues. The local Office of the United Nations High Commissioner for Human Rights
did not have enough financial resources to organise training for them. He also
indicated that the Bar was in discussion with the authorities to set up continuing
education programmes for lawyers and that these will be financed by the European
Union.
148. The Bar Association is not involved in the management of the legal assistance
fund; the officially-appointed lawyers for criminal cases received a fixed amount of
150 euros, since it is mandatory for each defendant to be represented by a lawyer. The
lawyers continue to receive the same amount; it has not been reviewed yet. This affects
the quality of defendants’ defence. The legal assistance Fund was to be managed by
the Bar Association or at least jointly managed with it for the benefit of defendants.
36 | P a g e
149. As regards the incorporation of human rights into the lawyers’ curriculum, there
is still no human rights module in the lawyers’ training curriculum. Nevertheless, the
Bar is trying to strengthen the human rights approach for some thematic areas such
as child marriages or other harmful practices like the FGM, to better deal with this
type of litigation. Furthermore, the Bar is committed to respecting human rights
through the assistance that it gives to some categories of people on pro bono basis, as
pertains in the case of soldiers in the barracks and assistance to human rights activists
on pro bono basis (IRA activists’ case). Moreover, the Bar Association regularly
denounces human rights violations.
150. The Bar assigned 6 lawyers to the defence of juveniles, but this is only feasible in
Nouakchott. In the regions, such assistance is not possible because of lack of lawyers.
Furthermore, the 2015 Law on torture requires that arrest be made in the presence of
a lawyer accompanied by a medical doctor and family of the alleged culprit, noncompliance of which may render the investigation null and void. However, there is a
clear lack of will on the part of the Prosecutor to implement the Law. Thus, even when
it is raised before the judge for a breach of the provision, the judge does not always
render the case null and void.
151. With regard to the call into question of the moratorium on the death penalty, the
request comes more from the population, following the trend of increased
radicalisation and its consequences. This is worsened by the current situation of
terrorist groups in the sub-region. Since 1987, the State has always complied with its
moratorium and seeks by all means to stick to it, but it is not easy to resist the
pressures of the population. Some collaborative efforts are underway with the Ulemas
and Imams to reflect on strategies that may lead to a possible abolition. However, the
population’s opposition to the abolition remains very strong. Moreover, the Bar is not
involved in the formulation of laws in a formal way.
•
MEETING WITH THE UNITED NATIONS SYSTEM
152. The Delegation had a working meeting with the United Nations agencies during
a meeting chaired by Mr. Ekkehard Strauss, representative of the United Nations
High Commissioner for Human Rights in Mauritania. With the representatives of
agencies present (UNDP, UNHCR, IOM, UNICEF), the delegation discussed various
topics namely, the issue of deportees, migrants in detention, movement of
populations, the community involvement in Government support for human rights;
freedom of association, the issue of authorisation scheme; education, the continued
violation of the Zina contained in the Criminal Code in contravention of international
conventions ratified by Mauritania.
153.
Generally speaking, much progress has been made from an institutional and
legislative point of view. Mauritania is up-to-date in submitting its reports to treaty
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bodies including the UPR. They authorised the missions of the Mechanisms of Human
Rights Councils. Reforms are being undertaken, but the problem lies in the
implementation which is a challenge. Furthermore, it would be important to conduct
a study on the issue of slavery and also on ethnic distribution. Mauritania continues
to experience cases of malnutrition, even though the figures are disputed by the
Government.
Slavery
154.
The issue of slavery is one of the major concerns. There are no resources for
effective implementation of the roadmap on the eradication of slavery. The reason is
that the government wants to finance it exclusively with its own funds. Discussions
were underway with the authorities to accept foreign funding; since the roadmap was
formulated in 2014, and has been in existence for a period of 3 years.
155. Special courts to deal with cases of slavery have been set up; but this solution is
not the best because they can only adjudicate on cases that are brought to them. All
the others continue to escape justice. Furthermore, these courts are faced with
operation and access problems. Nevertheless, it must be recognized that the
Government is making a lot of progress in this regard and it is difficult to approach
the problem from a technical point of view because there has not been any critical
analysis of the situation. Since each group has its own understanding and history of
the problem, it leaves the field wide open for politicisation. It is therefore important
to de-politicise the debate on the issue of slavery. Moreover, the politicisation of the
issue of slavery, both at the national and international levels, does not help the
Government to take actions to curb the menace.
Returnees/deportees from Senegal
156. Concerning the deportees from Senegal, UNHCR is working with the government
within the framework of an agreement to document these people (profiling and
registration). The UNHCR conducted a vulnerability study on the situation of
deportees; there is no information about the deportees to distinguish what the
government has done in that respect from what the UNHCR has also done. Eighty
percent (80%) is in favour of documentation so as to build individual abilities based
on the events which took place in 1989, but the government does not understand the
process of transitional justice. Reparations and compensations had begun but the
process lacked transparency and eventually had undermined the trust of returnees in
the government. The government should work to improve relationship with the
returnees to better promote their socio-economic and cultural rights. Deported
children are very vulnerable, most of them do not have access to education, as some
of them do not have birth certificates.
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Education
157. On the issue of education, the problem is that there are 5 ministries responsible
for education and there is very little coordination among them. Secondly, the two
systems of education (modern French and original Arabic) do not promote social
cohesion, a high percentage of children attend only Koranic schools. UNICEF has
tried to set up a project to train teachers to enable them to also teach languages and
the sciences, but the project has not materialised. Moreover, the Koranic school
certificate is not recognized by the State, this prevents these children from pursuing
tertiary education. Additionally, there is no real curriculum in these schools.
Birth registrations
158. There is a big problem concerning the issue of birth registrations, because some
children are threatened with expulsion from their schools. The law on birth
registration is quite restrictive, because it requires both parents’ birth and marriage
certificates before the registration of the child; this makes the registration of children
born out of wedlock very difficult and creates possible cases of statelessness. There is
also a lack of awareness on the importance of registration. Another problem is that
the specialised Agency attached to the Prime Minister’s Office responsible for the
digitization of secure identification documents lacks coordination with other
ministries, especially the Ministry of Health, Family and Social Affairs.
159. On the issue of refusal to admit children in schools for lack of birth certificates; it
created some problems before the entry into force of the Law, but following an
advocacy by UNICEF and several NGOs, all the children were admitted for the 20152016 academic year. The reason is that a new joint Decree of the Ministry of the Interior
and Education requested that all children in end-of-primary cycle examination classes
should present a birth certificate. UNICEF has approached both ministries on this
matter.
160. Furthermore, the documentation system for registration was not physically
accessible and the procedure was not free and uniform because it differs from one
administrative city to the other. A representation was planned to be made to the
authorities on the issue of birth registration, especially in respect of the discrepancies
in the system. Despite the setting up of ad-hoc courts for birth registration and the
establishment of mobile registration centres, many problems still persist, one of them
being the strictness of the law, which requires some amount of flexibility. There is also
the need to decentralise birth and death registry services.
Refugees
161. According to the draft asylum law in the process of formulation since 2005, there
were three main refugee camps (Nouakchott, Nouadhibou and Mbera); but these
refugees have been recognized only under the UNHCR’s mandate, since Mauritania
39 | P a g e
has not yet adopted an asylum law. Recognition is done individually and the
document issued is recognized by the authorities. The agreement allowing refugees
to be registered biometrically has not yet been signed. However, there is no problem
regarding children’s education; access to health care is subject to the same conditions
as for all Mauritanians; there has been some readjustments in the health aspect.
162. Malian refugees constituted a greater majority of the refugee population in
Mauritania. The case of Malian refugees is rather atypical, as it is whole villages that
move with their structure and mode of administration. This leads to some
complications in managing them. There were also some problems as regards the
integration of some refugees who were richer than the local inhabitants and even of
former ministers who did not want to go to the camps and wanted to have passports.
Migrants
163.
The issue of migrants is a key issue in the country, particularly with waves of
arrests of migrants and their detention in secret locations. There have also been cases
of arrests of Mauritanians based on complexion and appearance in order to be
deported as migrants to Senegal. There are many abuses against migrants under the
guise of fighting against terrorism.
Justice
164. Community justice must be improved by appointing, in particular, more qualified
people available and adopting texts that provide safeguards to avoid any excesses.
Moreover, the role of women must be taken into consideration in this sector by
requesting that they form part of the judicial reform process. The lack of a real prison
policy provides an avenue for prisons to be used as places for settling scores.
Although there is no real interpretation of torture as a crime, it must be acknowledged
that the country has the most progressive regulation in terms of the fight against
torture in the region.
Women
165. Despite the adoption of the law on equality, the effects were not yet visible, and
more remained to be done for a real representation of women in decision-making
bodies, even though there were some women mayors, Councillors, and MPs. The rate
was still low and far below the 30% provided for by law.
166. Regarding the protection of women against violence, the on-going adoption of the
law on gender-based violence is a major step. However, there has been no meaningful
consultation in the law-making process and this is often the case in the legislation
formulation process, in general. There is a lack of communication in the adversarial
discussions on the adoption of laws.
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•
VISIT TO THE TADAMOUN NATIONAL AGENCY FOR THE FIGHT AGAINST
THE CONSEQUENCES OF SLAVERY, INTEGRATION AND ADDRESSING
POVERTY CONCERNS
167. The Delegation was received at the headquarters of the Tadamoun Agency
(Solidarity) by its Director Mr. Hamdi Ould Mahjoub (Esq.) and some members of
his team. During the visit, the Delegation inquired about the role and actions of the
Agency.
168.
Mr. Ould Mahjoub informed the Delegation that the Tadamoun Agency was
created by Decree No. 048-2013 on 28th March, 2013, to meet a development
imperative regarding the improvement of the living conditions of a certain population
with a historical parenthesis, whose economic and social fallouts were disastrous. The
Agency’s mission revolves around three components- addressing the effects of
slavery, integration of Mauritanians deported from Senegal and poverty alleviation.
To this end, the Agency promotes and implements programmes aimed at eradicating
poverty in all regions of Mauritania through the Poverty Reduction Strategy
Framework (PRSF) and it coordinates the overall government policy in the area of
social protection. The Agency conducts its activities with government funding but it
can receive external assistance.
169. Thus, the Agency conducts various activities to promote respect for human rights,
equality among citizens and social solidarity, uphold and consolidate human rights
and eradicate the effects of slavery; the activities also consist in improving the
conditions for the emancipation of affected populations by strengthening sustainable
livelihoods of deportees and host communities and programme implementation for
access to basic services such as education, water, health, literacy, shelter.
170.
Among the remarkable achievements, one can mention the implementation of the
sustainable livelihood pilot project for deportees and host communities of the Senegal
River with the settlement of 4179 families on 123 host sites equipped with a grain mill
and a community shop. The Agency has also made land available for agriculture.
Other achievements include, construction and equipping of several comprehensive
schools in more than 60 target communities in the poorest Wilayas, construction and
equipping several health posts and/or health centres in the poorest target
communities and the construction of 1159 social housing units in Nouadhibou.
171. Support for agriculture is also provided through hydro-agricultural development
and the supply of inputs and materials, construction/rehabilitation of dams and the
purchase of 1500 plows for farmers in target communities in the poorest Wilayas.
172. As part of poverty reduction, income-generating activities have been
implemented (IGA), through the purchase of equipment, productive assets and
41 | P a g e
working capital. Another programme was the setting up of social cash transfers to
strengthen social protection. The implementation of poverty alleviation project by
modernising the means of transport (tricycles), provided by a Chinese company to
unemployed youth so that they can start an income-generating activity, which will
allow them to contribute towards the purchase of the tricycle.
173. The Agency’s projects are carried out on the basis of a public procurement. The
Agency works with an Action Plan developed based on points identified under the
Government’s 2015-2017 Action Plan. Tadamoum does not operate in the capital city
but focuses on the poorest areas to restore a balance. The Agency is mainly financed
by the government; it does not seek funding from donors, but accepts donations from
the latter.
VISIT TO THE DAR-NAÏM PRISON
174.
Three (3) new prisons have been constructed since 2010, and a fourth prison was
under construction. The prison is currently accommodating 820 inmates whereas it
was built to accommodate only 200 inmates. The problem of overcrowding in the
prisons is real. In order to solve the problem of congestion, long-term serving
prisoners will be moved to the new prisons built outside the capital. The Dar-Naïm
prison needs rehabilitation, because it is in a dilapidated state.
175. There are currently 89 foreign inmates in the prisons as at 14 December, 2016.
Most of these prisoners are foreigners living in Mauritania, who were imprisoned,
among others, for fraud, drug trafficking, theft and criminal conspiracy. When they
are arrested, the consular authorities of their countries are informed. In the event that
the ruling of the judge amounts to a residential ban from the country, they will be
deported after serving their sentences.
176. Civil Society Organisations help immensely in the operation of the Prisons,
particularly, by supporting education, reintegration and health. Those with
authorisation to visit the Ministry of Justice such as the ICRC, CARITAS Mauritania,
NORLHA and Association of Mothers and Children, among others, do come
regularly.
177. The most widespread diseases in the prisons are tuberculosis and HIV/AIDS and
diabetes. Two nurses provide healthcare for prisoners in collaboration with national
programmes concerning these diseases. There is also a physically-challenged person
and some mentally-challenged persons in the prisons. The State has budgeted 500
MRU per prisoner and these prisoners receive 3-square meals a day. A new health
centre will be built in all detention centres with more than 200 inmates, but it is still
at the draft stage.
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178. The relations between the Prison and the Prosecutor is in the form of the
Prosecutor exercising control over the prisons. The prison administration plays no
role in the conduct of judicial proceedings. Nevertheless, it would like to be consulted
more, since, more often people who are not expected to be detained, find themselves
in preventive custody. According to the law, the bailiff shall free or bring the prisoner
who has exceeded the remand period before the judge or release him on parole. The
majority of prisoners are on remand. A judge has been appointed to enforce sentences,
but this mandate has not yet come into effect. As regards prisoners from other regions,
the prison organises their transfer to get them closer to their families. The request for
transfer sometimes comes from the prisoners themselves.
•
VISIT TO THE SEBKHA FEMALE PRISON
179. The Delegation also visited the Sebkha Female Prison to acquaint themselves with
the conditions of detention of inmates and the treatment meted out to them.
180. The Prison which is a private donation was home to 48 detainees, 17 of them with
their children. Among these detainees, there were 16 foreigners from the Democratic
Republic of the Congo, Mali, Guinea Bissau and Morocco. They were imprisoned for
drug trafficking, theft, infanticide and adultery (Zina) related crimes. Although
according to the authorities, flogging for Zina still exists in the Penal Code, it is no
longer enforced, hence the detention of Zina offenders.
181. The inmates have two meals a day and they receive 2 kilograms of milk and sugar
every 15 days to be managed by themselves. There was one diabetic patient among
the inmates. The foreign women imprisoned were going through double agony
because they did not have any family there, neither did they receive any support nor
have anyone to look after their children. Although there was a place designed for
women to look after their children, taking care of children of inmates who have their
children with them in detention was a daunting task, especially children over 3 years.
Moreover, a vast majority of them were on remand, either with longer or shorter
durations.
•
VISIT TO THE RECEPTION AND SOCIAL REINTEGRATION CENTRE FOR
MINORS IN CONFLICT WITH THE LAW
182. During its visit to the Reception and Social Reintegration Centre for juveniles in
conflict with the law, the Delegation was briefed about the latest developments at the
Centre since the last visit of the ACHPR in 2010. The Centre which was established
in 2009, in collaboration with Italy and built with UNICEF funds, can accommodate
48 inmates (24 boys and 24 girls). The Centre was managed by Terre des Hommes,
Italy until 2011 and since 2012 it has been managed by the Government of Mauritania.
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The Centre accommodates children aged between 11 and 17 who are sent there by
order of the judge who can intervene at any stage of the trial. Besides the State
Prosecutor, there are 4 judges who are competent to detain the children in the facility.
To date, 687 children have passed through the Centre. Detention period is assessed
by the judge and can be up to 2 years. There have been more than 382 persons who
have been reintegrated socially and UNICEF which is present at the Centre, provides
technical assistance.
183.
The children benefit from health, psychological infrastructure, literacy
programmes and training in various trades such as metallurgy, plumbing, carpentry
etc. They are visited by their parents as soon as their situation is stable. The forty (40)
inmates are assessed on monthly basis.
184. The Centre also monitors children outside the confines of the Centre to ensure
that the ones who had served their detention terms and were responding
appropriately, could be considered for social reintegration. Although for most of them
the reintegration was quite satisfactory, there were still some repeat offenders, hence
the opening of an enclosed detention Centre to accommodate this category of
children. The most common offence is theft. All segments of society are represented,
though the vast majority of them are from poor homes.
185. The opening of a similar Centre in Nouhadibou is in the pipeline and the project
will be carried out with the support of the European Union. Moreover, the
Government wants to replicate this kind of initiative of establishing centres all over
the country.
•
VISIT TO THE EL MINA SCHOOL OF EXCELLENCE
186. The principle of the School of Excellence is to give quality education to deserving
students. Admission is based on selection with effect from the second year. There are
currently seven (7) Schools of Excellence that aim to achieve equality, free and quality
education.
187. The school has a computer hall, a canteen and a health centre for students and
teachers. The school curriculum includes civic education, visits to museums and
Cultural Centres and a study on the rights of the child.
188. The first-year education is provided only in Arabic, but French is gradually
introduced into the programme. The school assesses students on monthly basis and
also provides them with school materials. The school also assists some students in
following-up on their registration at the Civil Registry.
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•
MEETING WITH CIVIL SOCIETY
189. The Delegation met representatives of Civil Society and held discussions on
developments in the human rights situation in Mauritania, as well as the role of civil
society. The Delegation recalled the concerns noted during the Commission’s
previous visit and wanted to know whether some progress had been made in the
various situations.
190. Thus, on the issue of slavery, the civil society organisations indicated that
progress had been made. Nevertheless, there are still some hesitations and bottlenecks
in the effective implementation of the Law, thus leading to the radicalisation of some
activists; since in their view, the Government is not tackling the issue head-on.
Furthermore, although it is allowed by law for victims to get a representation before
special courts on slavery, in practice, obstacles do exist. Finally, in their opinion, the
issue deserves to be treated with much more seriousness as is the case with torture;
investigations should be more rigorous and thorough and the Government is to show
more commitment.
191. Regarding the place of women in decision-making bodies, some believed that
women achieved that status through the law on quotas. Others also think that the law
alone is not enough and that effective supporting measures must be taken not only
for the quota to be achieved but also for real involvement of women in this regard.
192. Still in the area of women’s rights, the draft law on gender-based violence was a
good initiative but the Government could have made more efforts in involving civil
society. The project in its current form, needs to be improved. The issue of poverty
remains a challenge, since it affects large sections of the population.
193. Concerning registration of NGOs, Mauritania still applies the authorisation
regime as opposed to the Declaration regime and this is stipulated in the draft law on
freedom of association. Some organisations have denounced illicit registration of
NGOs, which contributes to the division within the civil society organisations and
which also impacts negatively on their actions.
194. Although the NGOs seemed to have grown in maturity as compared to the
previous meeting the Delegation held with them during its 2010 mission, the
Delegation has nevertheless noted that divisions exist within the civil society and that
it would be better to develop their capacity, particularly, in the area of psychology of
dialogue within civil society, then with Government and also introduce a process of
professionalisation.
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PART THREE
I.
OBSERVATIONS AND ANALYSIS OF THE HUMAN RIGHTS
SITUATION IN MAURITANIA
194. This part of the report presents the Mission’s observations on the human rights
situation in Mauritania based on information from interactions with the various
stakeholders and visits made during the mission. The observations are grouped into
positive aspects and areas of concern. This part focuses, among others, on some
specific thematic areas such as the after-effects of slavery, the rights of women; the
issue of deportees/returnees; and the challenges relating to civil registration. Most of
the other thematic issues have already been addressed by the recommendations
made to the State Party, following the presentation of the Combined Periodic Report
of the Islamic Republic of Mauritania on the implementation of the African Charter
on Human and Peoples’ Rights (2006 – 2014) and the Initial Report on the Maputo
Protocol at the 60th Ordinary Session of the African Commission on Human and
Peoples’ Rights (the Commission), held from 8 to 22 May, 2017 in Niamey, Niger
195. The Commission observed that the Mauritanian government has a strong political
will to comply with its obligations under the African Charter on Human and Peoples’
Rights, which consists mainly in implementing the recommendations of the report of
the 2010 promotion mission. Even though those recommendations have not been
implemented in their entirety, the steps Mauritania has already taken must be
applauded.
196. In terms of legislation, though there are still some disparities in terms of relevant
laws despite ongoing reforms, significant progress has been made, particularly under
the 2012 constitutional reform, which recognized and criminalized slavery by
adopting a new more appropriate slavery law with tougher sanctions against
perpetrators, and setting up an agency to eradicate the after-effects of slavery in 2014
(Tadamoun Agency), of which the actions have had a huge impact on the socioeconomic rights of the targeted beneficiaries. It is important to also mention the
adoption of a law against torture which establishes a Preventive Mechanism against
Torture and draft bill on gender-based violence.
197. As regards slavery, though the legal framework seems satisfactory, its
implementation poses numerous problems. Indeed, Mauritania has ratified the
international human rights conventions, which specifically prohibit slavery and
practices similar to slavery, and has enacted several laws to domesticate the
international texts it has ratified at the national level. Mauritania officially abolished
slavery in 1980, criminalised it in 2007 and designated it as a crime against humanity
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under the 2012 Constitution. Furthermore, Law No. 052/15 of 12 August 2015
stipulates that slavery is a crime against humanity and that it is imprescriptible
(Article 2). Article 3 defines slavery as “the status or condition of a person over whom any
or all of the powers attaching to the right of ownership or some of them are exercised (…)”.
However, though the 2015 law contains significant advances and criminalises modern
forms of slavery in accordance with the 1956 Convention on Slavery and allows
officially-recognized NGOs to become civil parties in slavery cases, toughens
penalties and provides for specialised courts and emergency measures for the
preservation of the rights of victims, there are many obstacles to the effective
application of this legislative arsenal. Indeed, besides bottlenecks, such as the lack of
access to justice for victims because of ignorance and poverty, the lack of recognition
for many NGOs that may have the mandate to file complaints on behalf of the victims
and the lack of specialised courts on slavery cases, prosecutions and convictions are
very low.13
198. It appears that the approach adopted by the State, which believes that slavery has been totally
abolished, and hence only recognizes its after-effects, is counterproductive to the objectives of
the laws adopted by the Mauritanian Government. Moreover, the absence of concrete support
measures for persons born into slavery who live in extreme poverty, compels them to remain
de facto slaves, either under duress or because they are too poor to leave their former masters,
since they live mostly in very remote regions of the country.
199. Concerning the protection of the rights of women, despite strong opposition from
Islamists, who see the protection of women’s rights as a ploy to apply provisions that
contradict the customs and practices of Mauritania and the Sharia, the Government
presented its draft law on gender-based violence to Parliament. This law defines the
acts of gender-based violence (GBV) and lays down heavy sentences against those
convicted of those "imprescriptible" crimes. It spells out the different forms of GBV:
“rape, battery and assault, kidnapping, confiscation, insults and the various forms of
inhuman, cruel and degrading treatment”. In addition, the draft bill also gives women a
range of freedom that comes with human dignity, including the freedom “to work,
study, travel, etc.”, and also “provides for support for the victims by means of civil damages
and the possibility to be taken care of by the State through the social services of the Ministry
of Health”. It also allows NGOs to be civil parties in violence-related cases like sexual
assault. Lastly, the State also plans to create special tribunals in criminal or
correctional courts in each Moughataa (Administrative division), to try cases of
gender-based violence.
200. Mauritania has also shown its commitment to protect the right to life, particularly by
imposing a moratorium on the death penalty, since 1987, despite repeated pressure
13
In 2016, out of 47 slavery cases brought before the courts, only two persons were convicted.
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from the population. The Mauritanian court decided to annul the death sentence 14
handed to Mr. Mohamed Cheikh Ould Mohamed (also known as Mohamed Cheikh
Ould M'khaitir (decision of the Court of Appeal of Nouadhibou of December 9, 2017),
and recently, Parliament rejected a bill calling for death penalty to be applied for any
crime relating to apostasy, despite widespread approval from a large majority of the
population, particularly clerics.
A. POSITIVE ASPECTS
Legislation
201. The following efforts were observed:
i. The commitment of the Mauritanian government to promote and strengthen the
protection of the human rights of Mauritanians, by ratifying regional and
international human rights legal instruments, such as:
a) At the regional level
− African Youth Charter (2012)
− African Union Convention for the Protection and Assistance
of Internally Displaced Persons in Africa (Kampala Convention)) (2015)
b) At the international level
− Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (2012)
− International Convention for the Protection of All Persons from Enforced
Disappearances (2012)
− Convention on the Rights of Persons with Disabilities and its Optional Protocol
(2010)
c) Adoption of the following laws at the national level:
− Law No. 2015-033 on the fight against torture, repealing and replacing Law No.
2013/011 of 23 January 2013 on the prevention of slavery and torture, which are
crimes against humanity.
− Law No. 2015-031 of 10 September 2015 on the Establishment of Legal Assistance;
− Organic Law No. 2012-034 of 1st April, amending some provisions of Ordinance No.
2006-029 in respect of the Organic Law on the Promotion of Access by Women to
Electoral Mandate and Elected Office;
− Law No. 2012-007 of 7 February on Social Security;
− The following implementing legislation of Ordinance No. 043/2006 on the Promotion
and Protection of Persons with Disabilities:
• Decree No. 2013-129 defining the status of persons with disabilities and
setting out measures to prevent disabilities;
• Decree No. 2010-222 of 20 October, 2010 creating a National Multisectoral
Council for the Promotion of Persons with Disabilities and Decree No.
61/2013 on the appointment of the Council members
14 The Commission sent a letter to congratulate the Government of Mauritania for this bold decision.
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Decree No. 2014-142 establishing the Centre for Training and Social
Development of Children with Disabilities
• Decree No. 062/2015 implementing Article 46 of Ordinance No. 2006-043 on
the 5% recruitment quota for persons with disabilities.
Presentation of periodic reports to human rights treaty bodies/mechanisms, such
as the African Commission on Human and Peoples’ Rights and the Human Rights
Council, under the Universal Periodic Review.
Creation of new national institutions and mechanisms at the national level, such
as the National Mechanism for the Prevention of Torture (NPM) and the National
Agency for the Fight against the Vestiges of Slavery, for Integration and Poverty
Alleviation (Tadamoun); the Committee on the Extractive Industries
Transparency Initiative; the Specialised Agency in charge of documents and
security, with the ultimate aim of strengthening the promotion and protection of
human rights at the national level;
Implementation of policies and programmes to comply with and fulfil its human
rights obligations in the area of education and health.
Formulation of draft laws, particularly on gender-based sexual violence, and the
project on freedom of association.
•
ii.
iii.
iv.
v.
Fighting against the Vestiges of Slavery
−
−
−
−
Recognition of slavery as a crime against humanity by the Constitution
Tougher sanctions for slavery-related crimes
Adoption of a roadmap to eliminate the after-effects of slavery
Establishment of special anti-slavery courts to try and reprimand slaverelated practices
− Permission granted by the Law to NGOs to represent victims
Strengthening Social Cohesion and the Fight against Extremism
-
-
Allocation of public housing units to widows and victims of repression;
Compensation programme for former officers;
Training on social issues and oversight by the Oulémas against radicalisation;
Adoption of supporting measures for persons with disabilities and parents of
children with disabilities (Specialised Training Centres, integration of persons with
disabilities into the public service and financing of income-generating activities);
Distribution of foodstuffs and full social security coverage for older persons.
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−
−
−
−
−
Administration of Justice
Legal obligation to give all defendants access to a lawyer;
Assistance by a lawyer right from the initial investigative stage;
Implementation of legal assistance;
Construction of new prisons;
Training programme for the Judges and the Cadis.
Health -HIV/AIDS
- Enactment of laws on reproductive health and on the protection of persons living
with HIV/AIDS;
- Free healthcare for persons suffering from AIDS while looking forward to
ensuring that free universal health coverage is provided to the entire population
by 2020;
- Provision of care for certain untreatable diseases at the national level through
health evacuations outside the country.
Education
- Adequate budgetary resources to be allocated to the education sector (27%) ;
- Development of community schools and introduction of school canteens to feed
children who stay far from school;
- Creation of schools of excellence based on school results of students without any
discrimination based on the wealth of parents;
- Corrective measures provided by the Ministry of Islamic Affairs in modernizing
Koranic schools by introducing science subjects in the school curricula.
Women and Children
- Introduction of policies and programmes for the protection of girls from harmful
practices involving clerics (early marriages, FGM);
- Adoption of the quota law and the obligation to have at least one woman MP per
Department
-
Opening of a semi-open Centre for oversight over and integration of street children
into social and professional life through programmes financed by the Government
and partners.
Refugees /returnees
− Issuance of Mauritanian birth certificates, since February 2018, to refugee children
born in the Mbera camp;
− Resettlement of more than 24,000 returnees/refugees to their places of origin under
the tripartite agreement between the UNHCR, Senegal and Mauritania, and with
assistance from Tadamoun
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B. AREAS OF CONCERN
202. In spite of the above-mentioned positive aspects, the delegation is deeply concerned about
the many challenges in different areas which prevent Mauritanians from fully enjoying their
human rights. They are:
Legislation
− The draft law on freedom of association, which promotes authorisation regime and
not declaration system and which contains provisions that could be described as
liberticidal. It makes no reference to Mauritania’s international commitments.
Slavery
− Slow pace with which the roadmap is implemented, partly because of the
Government’s insistence on relying solely on its own funds;
− The Government’s approach to dealing only with the vestiges of slavery without
tackling its root causes;
− Inadequate training of the police and law enforcement officers on slavery and its
consequences;
− Inadequate or lack of follow-up of victim support mechanisms;
− Difficulty in operating and accessing Special Courts;
− Difficulty for some NGOs to represent victims before the Special Courts.
Administration of Justice
− Slow pace of effective implementation of legal assistance;
− Persistent disparity in the judicial system and the non-alignment of domestic laws
with international and regional texts on human rights ratified by Mauritania;
− Persistence of flogging as a punishment for Zina in the Penal Code.
Health
- The low social coverage (18%) of the population;
- Only 50% of persons infected with HIV have access to ARVs;
- Inadequate qualified staff and technical support services to handle certain
diseases.
Education
− Certificates issued by the Koranic schools are not yet fully recognised by the modern
education sector;
− Persistence of behaviours and mind-set of the population in the remote locations
which prefer the Koranic school to the modern school system.
Women and children
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− Low representation of women in bodies responsible for adopting the law on
parity;
− Lack of women on the bench;
− Low number of female lawyers;
− Persistence of the practice of FGM despite prohibition by law;
− Persistence of forced and early marriages, despite measures adopted to combat
the phenomenon.
Birth Registration
− Constraints inherent in the law on birth registration, which requires both parents
to provide birth and marriage certificates;
− Problems related to civil status in general, and the difficulties encountered by
parents of refugee children and migrants, in particular;
− Risk of statelessness for children born out of wedlock, if the law is not relaxed.
− Inadequate sensitisation of the law and its content;
− Centralisation of the civil registry services in the country’s capital city;
− Lack of coordination between the specialised agency in charge of documents and
security and the other ministries involved in the birth registration process.
Migrants
− Arrests, expulsions and incommunicado detention of migrants;
− Alleged racially-motivated arrests of Mauritanians, who are expelled for being
irregular migrants or having committed offenses;
− Abuse of migrants under the guise of fighting against terrorism.
− Lack of a national migration strategy:
Refugees
− Absence of a law on asylum and refugees.
National Human Rights Commission (NHRC)
− Inadequate human, material, technical and financial capacity of the CNDH
− Lack of capacity strengthening for the members.
Ombudsman of the Republic
- Lack of adequate financial and human resources;
- Inability of the users to refer cases directly to the Ombudsman;
- Lack of decentralised services.
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II.
CONCLUSION AND RECOMMENDATIONS
203. The delegation observed remarkable progress, however, it appears that the Islamic
Republic of Mauritania still faces numerous challenges that call for appropriate
measures to be put in place to ensure effective protection and respect of human rights
in the country. That is why the following recommendations are made to the
Mauritanian authorities and other stakeholders.
Legislation
− Ensure that the draft law on gender-based violence is speedily brought before
Parliament for its adoption;
− Ensure that the draft bill on freedom of association is in line with international and
regional instruments ratified by Mauritania, and particularly with the Guidelines
on Freedom of Association and Assembly in Africa.15
Slavery
− Adopt a new approach to the fight against slavery and its consequences, so as to
ensure effective enforcement of its legislation on slavery and the respect and
genuine protection of all Mauritanian citizens;
− Strengthen and monitor the effective implementation of support mechanisms for
victims;
− Establish an improved collaboration with technical partners and others to promote
adequate financing of the roadmap on slavery;
− Train the police and law enforcement officers to handle cases of slavery and its
consequences;
− Improve access to and ensure proper functioning of the Special Courts;
− Allow NGOs to represent victims at the Special Courts.
Administration of Justice
− Encourage access by women to the profession of judges;
− Encourage access by women to the profession of lawyers;
− Harmonise national laws with all the international human rights instruments
ratified by Mauritania;
− Review the Penal Code to the extent of complying with fundamental freedoms
through the removal of offences entailing flogging;
− Pursue the justice reform policy, in collaboration with development partners,
focusing on legal and judicial assistance, and training judges, lawyers and other
court officials in human rights and modern law;
− Take steps to provide in-service training for lawyers, particularly in the
implementation of international and regional agreements ratified by Mauritania;
− Continue the moratorium on the death penalty.
15
http://www.achpr.org/fr/instruments/freedom-association-assembly/
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Health
-
Take steps to widen the social coverage to a broader section of the population;
Ensure that all persons infected with HIV/AIDS have access to ARVs;
Strengthen the hospitals and institutes with qualified staff and technical support
services to handle certain pathological conditions.
Education
− Take the necessary steps for the effective recognition by modern education of the
certificates issued by the Koranic schools;
− Take measures to fight against and end recalcitrant behaviours of the population in
remote communities which prefer the Koranic education to modern education;
− Promote girl-child education, especially at the secondary level.
Women and Children
− Continue efforts to ensure full representation of women in decision-making
bodies;
− Continue and increase campaigns to raise awareness on the harmful effects of
FGM and other harmful practices, such as early marriages and force-feeding;
− Apply sanctions prescribed by law to offenders with the necessary level of
harshness.
Birth registration
− Relax the constraints inherent in the law;
− Facilitate the registration at the civil registry in general, and for children of refugees
and migrants, in particular;
− Find a solution for registering children born out of wedlock to avoid their becoming
stateless;
− Enhance awareness raising on the law and its content;
− Work on the decentralisation of civil registry services;
− Sensitise the people on the importance of civil registration;
− Improve coordination between the Agency and the Ministries in charge of
registration, and if possible decentralise the process.
Migrants
− Ensure that arrests of migrants are done in compliance with existing laws and
protect migrants who have not committed any crime;
− Ensure that no migrant is detained incommunicado;
− Ensure follow-up in investigating allegations of arrests of Mauritanians accused
of being irregular migrants or having committed offences;
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− Stop the abuse of migrants and ensure that the fight against terrorism is done in
accordance with the Principles and Guidelines on Human and Peoples’ Rights in
Combating Terrorism in Africa adopted by the African Commission on
Human and Peoples’ Rights.16
− Develop a national strategy on migration.
Refugees
− Continue efforts to support returnees from Senegal;
− Accelerate the formulation of an asylum law.
National Commission on Human Rights
− Strengthen the human, material, technical and financial capacity of the NHRC;
− Continue its human rights promotion and protection activities;
− Send project proposals to partners in order to obtain the necessary financial and
material resources to fulfill its mandate.
Ombudsman of the Republic
- Provide adequate financial and human resources at the disposal of the Mediator;
- Allow users to refer cases directly to the Mediator;
- Establish regional offices.
Civil Society
− Continue efforts to protect human rights;
− Build their capacities to better fulfill their mission;
− Promote dialogue between them and the government.
To the Agencies of the United Nations System
UNHCR
− Support the government in the drafting and adoption of an asylum law;
− Continue to work together with the State to provide support for refugees;
− Ensure that support provided for returnees from Senegal is complete and continue
to support the State in the measures it takes to ensure the enjoyment of their social,
economic and cultural rights.
UNICEF
− Continue efforts to register children and fight against school dropouts;
− Support the Government in the drafting and adoption of an asylum law;
− Continue the fight against malnutrition;
− Intensify efforts to protect the rights of children in line with the agreements ratified
by the country;
16
Adopted by the Commission at its 56th Ordinary Session: 21 April to 7 May 2015, Banjul, The Gambia
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− Initiate sensitisation and education campaigns for, especially among girls.
UNDP
− Continue and deepen the collaboration with the government and civil society
through various development projects.
Lastly, the Commission urges the Government of the Islamic Republic of Mauritania to
ensure that these recommendations and those in the Concluding Observations following
the submission of the combined, initial and periodic reports are implemented, in
accordance with Article 62 of the African Charter adopted at the 60th Ordinary Session
of the African Commission on Human and People’s Rights (the Commission), held from
8 to 22 May, 2017 in Niamey , Niger, and to report thereon to the African Commission on
Human and People’s Rights.
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