A/HRC/11/36/Add.2
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communities in order to encourage community partnership in the full acceptance of the
historical truth of discrimination, and of the sensitive task of creating a feeling of belonging
to one nation.
80. On the legislative front, the Special Rapporteur recommends the insertion of specific
provisions on racial and ethnic discrimination in the Criminal Code. Notwithstanding the
existence of provisions proclaiming the principles of equality in various items of legislation,
including the Constitution, he strongly recommends the adoption of comprehensive
legislation against all forms of discrimination, incorporating a definition of discrimination
that is applicable in all areas of social life and that contains all the elements of article 1 of
the International Convention on the Elimination of All Forms of Racial Discrimination.
81. The Special Rapporteur recommends that, in order to focus on the central role of
social multiculturalism and strengthen the ongoing drive towards democracy, the
Constitution should be amended to include two additional elements: the affirmation that
Mauritanian society is built on democratic, egalitarian and participatory multiculturalism,
and the recognition of the main ethnic groups or communities in society and their
languages and cultures. Given that language policies have in the past been used as a tool
that has helped polarize the various communities, he recommends that, in addition to
Arabic, Pular, Soninke and Wolof should be given constitutional status as official
languages.
82. In parallel with the adoption of the new Act prohibiting slavery and slavery-like
practices, the Special Rapporteur recommends the adoption of measures under the Act to
make it possible, over and above the criminal liability of individual slave-owners, for
victims to bring civil suits, notably for restitution or compensation. He further
recommends that support measures should be put in place as a matter of priority, to
publicize the contents of the Act and, in the longer term, mitigate the impact of slavery on
people’s attitudes and behaviour.
83. At the institutional level, the Special Rapporteur recommends that a national
assessment should be made of the historical and cultural underpinnings of discrimination.
He therefore recommends the establishment by the National Human Rights Commission of
an independent commission based on the principle of the democratic participation of all
political movements, affected communities, traditional religious and spiritual leaders and
civil society actors.
84. The commission should tackle the main issues in Mauritanian society which give rise
to discrimination, including the issue of slavery and caste and political practices which, in
recent years, have made ethnicity a political tool and have widened the gap between the
various communities. It should be mandated, on the one hand, to draft a white paper on the
status, root causes, manifestations and consequences of the discrimination which has
scarred Mauritanian history and, on the other hand, to develop on that basis a national
programme of action against all forms of discrimination to help counteract the
consequences of the injustices and discrimination experienced by Mauritanian society. It
should pay particular attention to key State institutions such as the armed forces and the
justice system and could, in the short term, apply the principle of positive discrimination
based on detailed demographic indicators showing ancestry and ethnic origin.