A/HRC/11/36/Add.2 page 8 II. LEGAL AND POLITICAL STRATEGY IMPLEMENTED BY THE AUTHORITIES A. Legal and institutional framework to combat racism and racial discrimination 1. Legal provisions against racism and discrimination 18. Article 1 of the Constitution of Mauritania enshrines the principle of the right to equality, declaring that “the Republic guarantees equality before the law to all of its citizens without distinction as to origin, race, sex, or social condition”. Article 15 of the Constitution guarantees the right of property and the right of inheritance to all citizens without distinction. 19. Other laws and regulations enshrine the principle of non-discrimination, in particular article 395 of the Labour Code, which explicitly establishes equal access to employment and prohibits any discrimination, exclusion or preference based on race, national origin, colour, sex, religion, political opinion or social origin. 20. Mauritanian law, including article 1 of the Constitution, prohibits incitement to acts of racial or ethnic discrimination and contains a series of provisions that criminalize the dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination and violence or provocation against another race or a group of a different colour or ethnic origin. Article 3 of Order No. 91-023 of 25 July 1991 on freedom of the press prohibits ethnic or regional hatred and prejudice and any acts considered crimes or offences. In addition, article 4 of Order No. 091-024 of 25 July 1991 on political parties states that “political parties shall ensure that their statutes, programmes, public statements and political activities are free from incitement to intolerance and violence or propaganda intended to undermine territorial integrity or national unity”. 21. In the area of criminal legislation, no provision of Order No. 083-162 of 9 July 1983 on the Criminal Code deals specifically with racial or ethnic discrimination. In that regard, in March 2004, in its sixth and seventh periodic reports to the Committee on the Elimination of Racial Discrimination (CERD/C/421/Add.1), Mauritania states that the provisions contained in the chapter of the Criminal Code entitled “Crimes and offences against the person” authorize a judge to draw on a wide range of criminal sanctions in order to punish any racist practice in a manner commensurate with its severity but nevertheless states that “to date, no case law exists in respect of racist offences, as such offences are alien to Mauritanian society, where making a distinction on grounds of race or colour is inconceivable”. 2. Legal provisions against slavery 22. Slavery has long been a problem in all ethnic communities in Mauritania. Differences of opinion exist even among those who admit that the practice continues to exist and has left its mark on contemporary Mauritanian society: some deny it exists in their community, but point the finger at other ethnic groups; others claim it is limited to the Arab-Berber community; still others say it also exists in the other communities but in the form of a caste-like system.