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