A/HRC/26/49/Add.1 28. Another manifestation of exclusion felt by some groups, and expressed by several interlocutors, is the insufficient diversity in key government and public administration posts. B. Passif humanitaire 29. In 2000 the African Commission on Human and Peoples’ Rights (ACHPR) issued an omnibus decision addressing a number of communications filed against Mauritania concerning human rights violations perpetrated by the Government between 1986 and 1992. The Commission examined, inter alia, alleged violations based on an array of atrocities perpetrated or incited by the Government against its citizens and in particular against members of various black ethnic groups. In its decisions the Commission found the Government responsible for grave or massive violations of human rights, including ethnic discrimination, torture, illegal detention, extrajudicial killings and mass expulsion of AfroMauritanians. The decision included the following six recommendations designed to remedy the violations and compensate the victims: the need for an independent enquiry and prosecutions, rehabilitation and reintegration of those expelled; compensation of widows and beneficiaries; reinstatement of workers; eradication of slavery and effective enforcement of an anti-slavery statute. Since the decision, progress has been made towards achieving both the letter and spirit of the Commission’s recommendations. Yet more remains to be done in order to implement fully these recommendations. 30. Until now no prosecution has been initiated against the perpetrators of human rights violations committed between 1989 and 1991 against the Afro-Mauritanian population. Law No. 92 of 1993 granted amnesty to members of the armed and security forces who had committed offences during that period. In addition the only copy of the Official Gazette promulgating this law was reportedly never made publicly available. This makes challenging of the law in court and public discussion on how to seek the truth and reparations for past wrongs impossible. Despite prayers for national reconciliation led by the President, the truth about what happened during this period is still treated as a national taboo and no official report about these events has so far been released. As a result, the painful memories of the 1989-1991 events remain vivid in the lives of many women, men, girls and boys who lost loved ones, houses and land, and identification papers, as the Special Rapporteur heard from many of those he met during the visit. 31. The Government reported a number of achievements in relation to the situation of those expelled from the country. It listed the return of 34,000 persons as part of the assisted repatriation programme (programme special d’insertion rapide, 1996-1998), the signing of a tripartite agreement in November 2007 under which 24,536 persons were repatriated, and the establishment in 2008 of an agency in support of and for the reintegration of returnees (ANAIR) benefiting of an annual budget of two billion MRO (6 million USD) which was then subsumed under the Tamadoun agency.11 The Government also reported that it reinstated retirement benefits entitlements for civil servant returnees over 60 year of age. 32. Over the years this agency has implemented, exclusively through the national budget, a number of projects aimed at the economic and social integration of the returnees, including the installation of water-related facilities in the sites where returnees live, support for livelihoods, including those of agro-pastoralists and the construction of schools and hiring of teachers, inter alia. The agency has also carried out a number of initiatives aimed at strengthening social cohesion between the returnees and other communities including through the mediation of land disputes. The agency has developed a programme (201211 See para. 19. 9

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