A/HRC/11/36/Add.2 page 18 68. In the area of legislation, the Special Rapporteur welcomes the adoption of the Act criminalizing slavery and penalizing slavery-like practices, which marks a turning point in Mauritania’s approach to the issue. He also welcomes the stated will of the authorities to implement supporting measures in application of the Act, including the creation of mechanisms for the social and economic reintegration of the victims of slavery-like practices and preparation of a wide-ranging public awareness campaign. 69. The Special Rapporteur likewise welcomes the signing of the Tripartite Agreement on the Voluntary Repatriation of Mauritanian Refugees in Senegal by Mauritania, Senegal and the Office of the United Nations High Commissioner for Refugees (UNHCR). The terms of the Agreement, based on the fundamental principles of the right to return and the voluntary nature of repatriation, are exemplary, and pave the way for a lasting resolution of the humanitarian issues. The provisions on adapting the necessary administrative structures with a view to ensuring the effective return of the refugees and their legal, economic and social reintegration without discrimination, are particularly encouraging. 70. At the institutional level, the Special Rapporteur notes with satisfaction the creation of new democratic institutions and mechanisms, in particular the National Human Rights Commission, whose commitment to promoting and protecting human rights he commends. He also welcomes the existence of national structures, in particular the National Refugee Support and Integration Agency, whose mission of facilitating the integration of Mauritanian refugees is essential for a lasting resolution of the humanitarian issues. 71. Lastly, the Special Rapporteur welcomes the vitality and commitment of Mauritanian civil society, whose multiethnic composition, political courage, activism and support for victims make it a decisive factor in the transition to democracy. In that regard he welcomes the elimination of the obstacles to official recognition of human rights organizations and the exercise of the rights of freedom of expression and association which for many years were brutally repressed by the political authorities. Critical comments 72. On the critical side, the Special Rapporteur underscores the central challenge of building a sense of identity for the Mauritanian nation, which means reconciling the ongoing tension between Mauritania’s two poles, Arab and African identity. This tension has historically been used for political gain in Mauritania, with the Arab dimension given greater prominence in defining the country’s official identity. The pervasive presence of a historical legacy of discrimination not only in social structures but in mindsets, in the relations between the communities and in their attitudes towards each other, is a particular obstacle to the eradication of the culture of discrimination and its various manifestations. 73. This pervasive discrimination manifests itself in part in the “invisibility” of its victims in the political, economic and social spheres, in public life, especially at decision-making levels in Government, the military and the police and security forces, as well as in the private sector, as evidenced by the low level of representation of certain communities in the business sector. This invisibility, which is also reflected in the victims’ silence on their suffering, disproportionately affects the black Moor and black African communities.

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