E/CN.4/1991/56
page 109
2.
Freedom of belief is guaranteed and protected in this country. A
person can embrace whatever beliefs he desires and no one can compel him to
abandon or change those beliefs or prevent him from manifesting a faith. To
this end, guarantees have been promulgated under which people are obliged to
respect the rights of others in this regard. No one can be compelled to adopt
or abandon a particular principle and dissuasion and proper guidance in this
connection must be exercised with kindness and without pressure.
3.
Actual practice in Mauritania shows that this freedom is guaranteed
to the country's non-Muslim population, who openly profess their religions and
confessions and perform their religious observances without hindrance.
4.
However, notwithstanding these stipulations concerning the
guaranteed right of every person to believe whatever he wishes and to openly
profess his belief, persons must be compelled to respect the limitations
imposed by public morality, for the protection of which laws have been
promulgated. Measures must be taken to prevent the abusive use of this
right. Mauritanian legislation is based on the high moral standards
prevailing throughout this Muslim community, which it diligently endeavours to
protect in keeping with its objective of establishing a decent, respectable
society. Although this might seem to have led to an extension of the concept
of crime in its visible manifestations, it has also had a more commendable and
significant result, which can be seen in the high standard of ethical and
moral values.
5.
Article 306 of the Penal Code, to which the Special Rapporteur
referred in his letter, does not apply to persons who have not embraced the
Islamic faith. In fact, Mauritanian law does not treat non-Muslims in the
same way as Muslims and the Penal Code itself exempts non-Muslims from many
penalties and regards Muslims as liable to penalties and punishments that are
not imposed on non-Muslims.
6.
The Islamic religion, which plays an important role in the
maintenance of security and stability, as already mentioned, is an integrated
religious faith and any person who embraces it of his own free will must be
assumed to have accepted all its teachings, including the rules governing
apostasy, which strengthen the foundations of the society based upon it.
7.
Apostasy from this religion, which guarantees so many freedoms and
so much security, stability and social justice, is regarded as high treason
and everyone is aware of the penalties that States impose for this type of
offence, which threatens their stability and their very existence.
8.
While this religion does not compel anyone to embrace it, it does
not tolerate duplicity in this respect or apostasy, which are incompatible
with its sacrosanct nature as a divinely-revealed religion based on immutable
principles.
9.
The precepts of this religion cannot be changed, since the holy law
on which it is based comprises moral principles in which our society believes
and any person who violates them arouses social indignation. Consequently,
apostasy constitutes one of the most serious offences against the public order