COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF MAURITANIA

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.