A/HRC/26/49/Add.1 population on civil marriage registration which is a civil act constituting both an basic right but also a legal obligation. However, these requirements have also led to the exclusion of a large number of Mauritanians from remote rural areas, where access to public services is limited. Moreover, in accordance with Muslim traditions, most marriages in the past were contracted only before the religious authorities and not registered as civil acts, which is still the case in remote areas, thus leading to statelessness for a number of children. 41. Although the national census agency is enrolling returnees based on the existing lists produced by the ANAIR, agency which registered all returnees within the framework of the 2007 Tripartite Agreement, returnees face challenges with the current enrolment process. It was reported that some of the returnees have not had access to enrolment and that less than half of the returnees were enrolled while the national agency reports rates above 80%. In order to remedy the situation and allow access to enrolment for all returnees, a mixed Commission including representatives of the returnee community and the national census agency was established in 2013 and meets weekly. The UNHCR monitors the situation, and cooperates directly with the ANRTPS with regards to the enrolment of returnees and any related litigationsThe national census was also reported to have affected the process of obtaining identity cards for the returnees, thereby once again victimizing this group. The Government reported that no new identity cards would be issued until the census was complete and at the time of the visit it was still ongoing. Returnees generally do not have identity cards but only receipts proving that their request for an identity card is pending. These receipts do not seem to be valid for identification or transactions. Without identity cards, individuals cannot travel or engage in administrative procedures to obtain their certificate of nationality. or marriage certificates, which are now mandatory to register children born in returnee sites.12 It also affects their ability to register as voters. This situation has so far disproportionately affected the most marginalized groups and groups at risk of discrimination and has created obstacles for returnees seeking to reintegrate harmoniously into one of the least developed areas of the country and enhanced the risk that some members of these groups, who were deprived of their nationality prior to expulsion from Mauritania, will be unable to prove re-acquisition of nationality and remain stateless . . 42. The Special Rapporteur learned about the difficulties that some Mauritanians living abroad have faced in registering in the census, particularly those who are unable to produce a residence permit. 43. The Special Rapporteur was also informed that the census recognized four ethnic classifications, namely Moorish, Soninke, Peulh and Wolof, thus limiting the available choices. It is also not based on self-identification. Certain groups claimed that they were asked by census officials to undertake additional tests to prove their nationality, involving the ability to cite particular religious verses, to speak the Hassaniya language or recognize key political and public figures.13 44. In line with general recommendation No. 8 (1990) on identification with a particular racial or ethnic group of the Committee on the Elimination of Racial Discrimination, the mandate has consistently indicated that self-identification should constitute a pillar for the collection of ethnically disaggregated data to ensure respect for the right of individuals to assert their own identity. While implementing this principle may lead to underreporting and 12 13 12 Open Society Justice Initiative, Implementation Dossier, Communication Nos. 54/91-61/91-98/93164/97-196/97-210/98: Malawi Africa Association, et al./Mauritania, October 2011. Anti-Slavery International, Minority Rights Group International & SOS-Esclaves, submission to the United Nations Human Rights Committee, 109th session, 9 September 2013.

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