A/HRC/11/36/Add.2
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3.
Tripartite agreement on the voluntary repatriation of
Mauritanian refugees in Senegal
28. On 12 November 2007 the Governments of Mauritania and Senegal and the Office of the
United Nations High Commissioner for Refugees (UNHCR) signed the Tripartite Agreement on
the Voluntary Repatriation of Mauritanian Refugees in Senegal. The agreement opens the way
for a lasting solution to unresolved humanitarian issues, the most grievous consequence of the
tragic events of 1989 and the ensuing two-year state of emergency, with the expulsion or flight
of tens of thousands of Mauritanians to Senegal and Mali, mostly black Mauritanians who felt
their lives were endangered by the ethnic violence.
29. The Agreement sets forth each party’s undertakings with a view to ensuring the
satisfactory organization of the voluntary return of refugees to Mauritania, under the supervision
of the Office of the United Nations High Commissioner for Refugees (UNHCR). The Agreement
is based on the principles of the right of return (art. 1), the voluntary nature of repatriation
(art. 2), preservation of family units (art. 3) and repatriation in conditions of safety and dignity
and in a context conducive to a sustainable return (art. 4).
30. As for Senegal’s principal responsibilities, article 5 of the Agreement states that refugees
who decide not to participate in the repatriation programme may continue to reside in Senegal
and integrate more fully into Senegalese society, while articles 7 and 8 provide for assistance
with departure formalities for Mauritanian refugees and the issuance of certificates of civil status
and judicial documents to refugees.
31. Mauritania’s responsibilities include the preparation of appropriate administrative
structures for the realization of the return of the refugees in safety and dignity and their full legal,
social and economic reintegration into the national community (art. 9); the adoption of measures
to help returnees establish themselves in their communities of origin or of choice by
guaranteeing protection for their movable and immovable property (art. 12); the reintegration of
the returnees into economic and social life without discrimination; and the adoption of any
measures needed to inform, notify and prepare the local populations with a view to facilitating
harmonious and peaceful reintegration (art. 13).
B. Policies and programmes to combat racism, racial
discrimination and related intolerance
32. The representatives of the Government of Mauritania indicated that, in addition to the
existing legal framework, several institutional initiatives have been adopted to promote tolerance
and respect for diversity and combat all forms of discrimination, xenophobia or related
intolerance.
33. At the institutional level, the authorities pointed to the recent creation of the National
Human Rights Commission, an independent advisory, monitoring, early warning and mediation
body to promote respect for human rights. It is under the responsibility of the Prime Minister and
comprises prominent persons from professional organizations, civil society, the Bar Association,
unions and government institutions. The Commission is now the main institution responsible for
defining and developing human rights promotion and protection policies, alongside other
institutions with a more specific mandate, such as the Secretariat of State for the Status of