[WCAR] CERD 65th session: Report of Mauritania

UNITED NATIONS
Press Release
9 August 2004

The Committee on the Elimination of Racial Discrimination has considered
the report of Mauritania on its implementation of the provisions of the
International Convention on the Elimination of all Forms of Racial
Discrimination.

Presenting the report was Hamadi Ould Meimou, Commissioner for Human
Rights, Poverty Alleviation and Integration of Mauritania, who noted the
considerable progress which had been carried out in his country in the
areas of political, economic, social and cultural development which
included the ongoing reform in the administration of justice system and
training for legal personnel in the area of human rights. Mr. Ould Meimou
indicated that shortly a law would be adopted aimed at providing legal aid
for the poorer sectors of society and that combating poverty had been a
central priority for the Government to improve the living conditions of all
in society.

In the course of the discussion, which was held over two meetings, the
issues of slavery and slavery-like practices, political parties, human
trafficking, refugees and displaced persons, the status of women, education
and the State party's national human rights plan were raised among other
subjects.

In preliminary remarks, the country Rapporteur for the report, Committee
Expert Fatimata-Binta Victoire Dah, welcomed the statement made by the head
of delegation expressing the will of the Mauritanian Government to
eradicate the vestiges of slavery and expressed the Committee's hope that
in future reports similar expressions would be made. Among other things,
she hoped that the creation of the national commission of human rights
might remedy the Committee's concern that there was a lack of dialogue
between the Government and non-governmental organizations.

The Committee will present its final recommendations on the sixth and
seventh periodic reports of Mauritania, which were presented in one
document, at the end of its session, which concludes on 20 August.

The delegation of Mauritania also included representatives of the
President's Office, the Permanent Mission of Mauritania to the United
Nations Office at Geneva, and the Commission for Human Rights, Poverty
Alleviation and Integration.

When the Committee reconvenes at 3 p.m. this afternoon, it will begin its
consideration of the report of Slovakia (CERD/C/419/Add.2).


REPORT OF MAURITANIA

The sixth and seventh periodic reports of Mauritania, presented in one
document CERD/C/421/Add.1, state that Mauritania is a Muslim, Arab and
African country situated at the crossroads of Arab and African
civilizations that is deeply attached to the spirit of the Convention. The
Constitution of Mauritania prohibits and punishes any racial or ethnic
discrimination and recognizes civic rights and the right to own property
and to inherit without racial discrimination. The Constitution recognizes
and guarantees freedom of trade and industry, trade union freedoms, freedom
of expression and the right to the protection of the family, among other
things. The Constitution also guarantees foreigners residing legally in
Mauritania protection of the law in respect of their person and their
property.

Mauritania's efforts to combat all forms of discrimination are reflected in
various programmes to combat poverty, provide education and make basic
social services widely available. Women in Mauritania enjoy all fundamental
rights, including political, civil, economic and social rights. The
establishment of the Office of the Commissioner for Human Rights, Poverty
Alleviation and Integration in 1998 was in response to a two-faced problem:
ensuring the enjoyment of rights and the exercise of freedoms and improving
the living conditions of the population in general and of the poorest in
particular.

The report indicates that at present no case law exists in respect of
racist offences, as such offences are alien to Mauritanian society, where
making a distinction on grounds of race or colour is inconceivable.
Moreover, in Mauritania slavery never took the form of racial domination
and was never practiced in the form or on the scale of slavery as it
existed under the black slave trade. Slavery existed as a practice up to
the beginning of the twentieth century and was abolished in 1905 by the
colonial power; its abolition was reaffirmed following independence in the
Constitution of 20 May 1961.


PRESENTATION OF REPORT

HAMADI OULD MEIMOU, Commissioner for Human Rights, Poverty Alleviation and
Integration of Mauritania, said the principle of equality for all human
beings had been enshrined into the Constitution and accompanying
legislation. The Convention was in the interest of his country which had
long been committed to it. Considerable progress had been made in the areas
of political, economic, social and cultural development. Some 20 political
parties coming from various trends of thought participated actively in
society. The ongoing reform in the administration of justice and training
for legal personnel in the area of human rights was also part of the
ongoing commitment to the principles of the Convention, the delegate added.

Among other things, additional public resources had been made to allow for
capacity building in civil society and a centre had been established to
enhance the rule of law aimed at combating crimes of racial discrimination.
Over the past four years the Government had strengthened the framework of
human rights in its policy involving the more vulnerable sectors of society
in decision-making and development efforts. In particular, women's rights,
human trafficking and education reform was spotlighted.

Mr. Ould Meimou indicated that shortly a law would be adopted aimed at
providing legal aid for the poorer sectors of society. An agreement was
also signed between the Mauritanian Government and the Office of the High
Commissioner for Human Rights in 2001 to ensure a national policy for the
promotion and protection of human rights and to allow for a culture of
human rights in Mauritania. The head of delegation also referred to the law
of 1991 on the freedom of the press which prohibited hatred, ethnic or
regionalist prejudices and all acts qualified as crimes or offences.

Education efforts expanding to all sectors of society and efforts to
eradicate illiteracy were also underway. Measures had been taken to improve
education in general. Special attention had been given to youth and a
centre was currently being set up to enhance their lives and guarantee
their rights and protection in society. The protection of women, children
and the family in general was a priority to the State and several efforts
had been made in that regard, the delegate said. Some 100 centres had been
opened to target vulnerable categories of women.

The mass democratization of knowledge, the thorough reform of the education
system, the generalization of access to basic social services and the
strengthening of the founding principles of the constitutional State were
the main instruments of the national policy for the emancipation of the
most deprived sectors and the promotion of social equality, the delegate
noted.

Combating poverty had been a central priority for the Government to improve
the living conditions of all in society. Mauritania was one of the first to
benefit from the Heavily Indebted Poor Countries (HIPC) Debt Initiative and
several poverty alleviation programmes focusing on education, health, water
and agriculture, especially in rural areas. There were also programmes
focusing on urban slum areas. In general, there was universal access to
social services, Mr. Ould Meimou noted.


DISCUSSION

FATIMATA-BINTA VICTOIRE DAH, the Committee Expert serving as Country
Rapporteur, welcomed the fact that the situation in Mauritania had
developed favourably in the context of political, economic, social and
cultural stability. In general, the report met the requirements of the
Committee. However, there were points of information which were still lacking.

Among other things, there was a need for supplemental and more recent data
in terms of the ethnic composition in Mauritania. The report also failed to
include the definition of racial discrimination as laid out in the
Convention. As for statistics on groups, associations, schools and
publications in Mauritania, the Rapporteur said she would welcome more
detailed information in that regard; for example, how many non-governmental
organizations were there in-country dealing with human rights and more
specifically with racial discrimination. More information was also needed
in terms of the parties who had been rejected on the grounds of promoting
racial or ethnic superiority.

Ms. Dah noted the signing in 2001 of the agreement between the Government
of Mauritania and the Office of the High Commissioner of Human Rights as
well as the Heavily Indebted Poor Countries Initiative (HIPC). In this
context, more information was requested on how this funding had benefited
vulnerable groups.

The Rapporteur took note of the findings contained in the 1984 report of
Marc Bossuyt, the Expert of the Sub-Commission on Human Rights on the
question slavery; the findings indicated that no institutional slavery
existed in Mauritania. However, many non-governmental organizations had
indicated that there was a weakness of the administration of justice in
addressing slavery-like practices in Mauritania. In this connection, the
State party should seek out the vestiges of such practices.

Ms. Dah also asked for information concerning property and ownership
rights, trafficking in persons, and the Office of the Ombudsman. In
conclusion, she commended Mauritania's performance by reaching universality
in education and noted with satisfaction that the most remote areas had
been targeted in this connection.

In response to a question, the delegation said Mauritania's legislation
provided for equality for all before the law. Any propaganda focusing on
ethnic or racial factors was punishable before the law and any publication
that preached hatred or any acts qualified as racist were prohibited.
Moreover, no political party or grouping was permitted to pronounce racist
or xenophobic views nor could any public official campaign on a platform
pronouncing a race, religion or sex. There was also equal access in terms
of employment opportunities. On a related question the delegation said the
Government had been carrying out several programmes to ensure that there
was ongoing harmonization between all levels of society.

Concerning freedom of the press, the delegation said measures had been
taken with regard to punishing a publication for disseminating ideas based
on racial superiority or discrimination; repeat offenders were handed down
more serious punishments including up to six months in prison.

According to the Constitution, the delegation said political parties were
prohibited from promoting any incitement to intolerance and violence and
any propaganda intended to undermine territorial integrity or national
unity. Moreover, no political party could identify itself with a race, an
ethnic group, a region, a tribe, a sex or a brotherhood.

In response to a question pertaining to the administration of justice, the
delegation noted that equal treatment before the law was guaranteed by law,
and officers of the court received regular training in human rights and in
the mechanisms for the promotion and protection of these rights. In this
connection, workshops were organized periodically for law enforcement
officers.

Concerning mixed marriages, the delegation said the proportion of mixed
marriages was limited due to ancestral traditions. However, in Mauritania
there had never been a problem of mixed marriages. The delegation noted
that a higher number of Mauritanians were marrying outside their race now.

Responding to another written question the delegation said that under the
Constitution the right to own property was guaranteed and was a recognized
right of all Mauritanian citizens without distinction on grounds of race,
colour or sex and also of all aliens legally resident in the country. The
delegation then responded to a question pertaining to alleged
discrimination against descendants of slaves to which they said the
Government had taken various steps to ensure that all members of society
were afforded equal rights and opportunities and access to public services.
In short, there were no longer any discriminatory practices against the
descendants of slaves; many members of the Government were descendants of
former slaves as well as high-ranking members in society.

The Committee asked what measures were taken by the Government of
Mauritania in response to the report of Marc Bossuyt of the Sub-Commission
on the Promotion and Protection of Human Rights. The delegation said while
the report concluded that slavery as an institution no longer existed in
Mauritania and that the persistence of some of its consequences in
attitudes and mentalities was due solely to the low level of socio-economic
development and poverty among broad sectors of the population, the
Government instituted a general policy aimed at correcting social
inequalities and raising the level of the most deprived sectors. This
policy encompassed all areas, particularly those having a direct impact on
the lives of the groups in question (education, health, justice, real
estate, stock-breeding, crafts, small-scale fisheries, etc.). Among other
things, new schools were opened and the medical centres were set up in
areas where former slaves resided. Similarly, the Ministry of Education
decided to expand the size of a classroom from 25 to 60 in order to make
education available to more Mauritanians, including those living in former
slave communities. In general, various mechanisms were set up to target
vulnerable people living in former slave communities.

In response to a question concerning the appropriation of former slave
property, the delegation noted that these were isolated incidents which had
compelled the Ministry of Justice to send out a circular to judges to
remind them of existing legislation prohibiting such acts. The Minister had
affirmed his decision to sanction judges who did not comply with these
standards. Among other measures embarked on by the State in this regard was
the land reform that began in 1983 that sought to enable former slaves to
regain land they had formerly owned.

Concerning awareness for ending slavery-like practices, the delegation said
Mauritania had experienced far-reaching changes since the report of Marc
Bossuyt was issued in 1984. Since then, programmes were set up to target
former slave communities and promotional campaigns were instituted in the
wake of the report and of the Government's decision to tackle all forms of
slavery-like practices in its territory.

Responding to a specific case where slavery was purported to have occurred,
the delegation said that on 18 January 2004, some 1,000 kilometres away
from the capital, an individual went to a military unit patrolling the area
claiming he was working in a camp under slavery-like conditions. After
investigation, the camp turned out not to be in the territory of Mauritania
but across the border; the military said they had no authority in this case
but they took him under their wing and eventually he found a job with their
help.

Concerning the psychological aspects of slavery, the delegation re-stated
the determination of the Government to combat the lasting impacts of
slavery. The Government had embarked on several projects to that aim and
progress was being made daily in terms of new projects and new
infrastructure projects. Efforts were also taken to promote knowledge and
science to ensure development. Ignorance was often the biggest factor to
overcome, the delegation added. When everyone could live in harmony and
decently only then could the lasting effects of slavery be eradicated.

Concerning human trafficking, the delegation mentioned the Government's
adoption of an act to punish trafficking in human beings in June 2003. The
act provided for criminal sanctions against the perpetrators of such crimes
that may include forced labour for life.

In response to a question posed orally, the delegation noted that the
adoption of the law suppressing the trafficking of humans and the labour
code were steps taken directly in response to the recommendations set out
by the Committee in 1999

The Committee asked for information about Mauritanian refugees in Senegal
and Mali. The delegation stated that no Mauritanian residing in either
Senegal or Mali could be considered a refugee since the borders between the
countries were open and no visa was required for entry. Likewise, nationals
of Senegal and Mali could reside legally in Mauritania. Also on refugees,
as a result of existing tensions in 1989 population movement did occur
between Mauritania, Senegal and Mali. The displaced people were invited by
the Mauritanian authorities to come back home but some chose to stay
behind. Those who returned benefited from 50 rapid insertion projects and
all their rights had been made available as to all citizens of Mauritania.

The Committee asked what measures the State party had taken for the
promotion of ethnic cultures and in particular for the promotion of a book
from the Soninke and Wolof people. The delegation said it was the policy of
the State to promote all national cultures to benefit all societies. In
line with this policy, various cultural events had been organized in
various regions, namely in the community of Maghama in July 2004 where
local community representatives participated in an event marking the local
traditions. The importance of inter-community dialogue was also noted as a
means to preserve the State's cultural heritage. On a related question, the
delegation noted that public authorities were regularly engaged in literacy
campaigns to combat social prejudice; public media assisted in promoting
similar principles through radio and television programmes; religious
personalities had also participated regularly in promotion awareness
projects on such subjects as HIV/AIDS, poverty and child labour.

Regarding the status of women, the delegation noted that since the adoption
of a law in 2002, Mauritanian women had become more dynamic in society and
were very involved in national life and enjoyed all economic, social and
political rights. Moreover, women could vote and could be elected to
political offices. At the last election, for example, there were female
candidates. Women in Mauritania were also very active in the
decision-making process. For the first time in Mauritania's history a woman
ran for President during the last presidential race, the delegation added.

Concerning female genital mutilation, the Secretariat for Women had been
campaigning in the rural areas where this practice was known to exist;
workshops and seminars had also been organized. The Uluma religious
authorities had also been involved to combat this phenomenon.

On the subject of awareness-raising about HIV/AIDS, the delegation stated
that all those in society were involved in combating this pandemic. All the
means of communication had been employed in media campaigns and the
Government itself had initiated these efforts. At the national level, the
level of those living with HIV/AIDS was below one per cent.

Concerning language and culture, the delegation said apart from the
official languages of French and Arabic, other national languages were used
for cultural matters and for local administrative matters. Teaching of the
official languages was made available to non-speakers in order to provide
further job opportunities for them. A linguistic institute was established
at the University in the capital which provided students with a master's
degree in linguistics. The Government wanted to ensure that national
languages had their rightful place among the languages spoken in Mauritania
and that every culture had its place. Moreover, there were no newspapers in
non-official languages, however radio and television was broadcast in other
languages.

In response to a question on public and private schooling, the delegation
noted that there were no differences in terms of discrimination and it was
a priority of the Government to ensure that all school children had the
same opportunities. In response to another question, the delegation said
ethnic groups had no possibility of setting up their own schools.

On the issue of ownership of land, the land reform decree of 1983 claimed
that land belonged to the nation and that any Mauritanian could become a
partial owner of land. The spirit was to see that there was a break from
the old system of land tenure thus allowing the poorest sectors of the
population to have the possibility of land ownership.

Concerning political parties and the press, there were currently 28
recognized political parties which took part in parliamentary work and in
local communities, the delegation said; two had been prohibited after
having been charged with pronouncing racial discrimination. On the press,
there were some 400 publications accounted for in Mauritania of which 20
were in regular circulation. Moreover, two newspapers were banned for
charges of xenophobia and racial hatred.

On Mauritania's national plan to promote human rights, the State party had
adopted an action plan in partnership with the High Commissioner for Human
Rights to set out a plan to promote human rights and in the long run to
provide better awareness of human rights. The whole of civil society was
involved and a steering committee was set up to monitor the process, which
included representatives of civil society. National and international
experts had produced a set of publications promoting the whole area of
human rights, visited all the regions in the country and held human rights
training workshops. Afterwards, recommendations were made by participants
which were factored into a document adopted country wide and was monitored
by the High Commissioner's Office. Among the recommendations was for the
Government to keep human rights in mind when devising development
programmes; for the Government to ratify all international human rights
instruments; and for the Government to strengthen its national capacity in
the area of human rights in general.

The delegation noted that Mauritania was facing many challenges such as
underdevelopment, illiteracy, poverty, and that priorities were not always
on drawing up statistics. Priority was on improving the living conditions
in the country. Therefore, such data had not been compiled yet the interest
of the Committee in this regard was noted.

In response to a request for additional information on the Commission on
Human Rights, Poverty Alleviation and Integration, the delegation said the
Commission was an institution established in 1998 to promote and protect
human rights and to combat poverty and promote insertion. Mauritania had
drawn up a plan to combat poverty by 2015, which was a national priority.
The strategy was implemented by the Government and within all ministries.
The Commission acted as an adviser to the Government to combating poverty
and was drawn up in consultation with all partners ­ civil society, and at
all levels ­ regional, national, local. The most underprivileged sectors of
society were targeted with the aim of developing their local
infrastructures in terms of agriculture, access to clean water, housing and
health among other things. The aim was to trigger economic growth in the
most disadvantaged areas. Micro-credit plans had also been instituted to
benefit local merchants and small farmers. In achieving these goals, the
Government had frequently engaged in partnership with non-governmental
organizations.


PRELIMINARY REMARKS

FATIMATA-BINTA VICTOIRE DAH, the Committee Expert serving as country
Rapporteur, welcomed the dialogue which had taken place over the course of
two days and which was a frank and open exchange of a wealth of
information. In particular, Ms. Dah referred to the statement made by the
head of delegation this morning proving the will of the Mauritanian
Government to eradicate the vestiges of slavery. She hoped that in future
reports similar expressions would be made. Among other things, the
Committee welcomed the creation of the Commissioner for Human Rights office
and the actions it had thus far taken.

The Committee expressed the need to see more cooperation between the
Government of Mauritania and civil society, in particular non-governmental
organizations. The predominant impression was that there was a lack of
communication between the two; it was hoped that the creation of the
national commission of human rights might remedy that concern. Ms. Dah
noted that the State party had not yet met one of the requirements set out
by the Convention by not having provided statistics on the ethnic
composition of those living in the territory.

Among the Committee's preliminary observations was for the Mauritanian
Government take further steps to criminalize any acts of racial
discrimination or related offences and to reserve special treatment to the
most vulnerable groups, especially women and children. The State party was
also invited to take additional steps in line with article 8 of the
Convention on financing and was invited to make the declaration under
article 14 concerning communications.




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