A/HRC/26/49/Add.1
15.
Despite Mr. Diène’s recommendation to insert specific provisions on racial and
ethnic discrimination in the Criminal Code, and adopt 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 Convention on the
Elimination of Racial Discrimination (A/HRC/11/36/Add.2), these reforms remain pending.
The current Special Rapporteur was told that the above-mentioned constitutional provisions
have been interpreted so as to prohibit all forms of racial and ethnic discrimination.
IV. Institutional framework
A.
National Human Rights Institutions
16.
Mr. Diène recommended the adoption of a law establishing an independent standing
national commission, in accordance with the Paris Principles, to uphold human rights,
combat discrimination and promote democratic, egalitarian and participatory
multiculturalism.
17.
The Special Rapporteur welcomes the establishment of the National Human Rights
Commission (CNDH), whose mandate and functions are provided for in Law No. 31 of
2010 and which was accredited with “A” status in 2011 by the International Coordinating
Committee of National Institutions for the Promotion and Protection of Human Rights
(ICC). CNDH is mandated to monitor and issue alerts on all human rights-related issues.
The Commission is required to formulate consultative recommendations on the existing
legal framework, raise awareness on human rights among the general population, especially
while combating racial discrimination, slavery-like practices and gender-based
discrimination. It is also vested with powers to visit, without prior notice, detention
facilities to assess whether the fundamental rights of those under custody are being upheld.
Finally, the Commission has the power to investigate all human rights violations brought to
its attention and take appropriate measures in coordination with the authorities concerned.5
18.
The Special Rapporteur learned about the efforts the Commission has made in the
promotion and protection of human rights, including on issues related to ethnic
discrimination, such as the human rights of returnees, the fight against slavery and land
disputes as well as monitoring and fact-finding with regard to ethnic incidents, including
the incident in Kaedi in 2013. Despite the establishment of a local Committee of Wise
Persons to mediate the conflict in Kaedi, the Commission stated that there was a need to
have an early warning system in place to allow it to be effective in its mission of
conciliation and mediation before tensions turn into violent confrontations.
19.
The Commission also played an active role in awareness-raising activities and in
initiating public debates on issues such as the prohibition of discrimination, and cultural
diversity and human rights.6
20.
The Special Rapporteur on contemporary forms of slavery, including its causes and
consequences recommended the establishment of an independent Government-funded
mechanism, enshrined in legislation, which would be empowered to carry out investigations
on its own initiative and would have the standing to bring civil cases of slavery or
discrimination before the courts (A/HRC/15/20/Add.2). The Special Rapporteur appreciates
the establishment of the Tadamoun (Agence Nationale de lutte contre les Séquelles de
l’Esclavage, de l’Insertion et de Lutte contre la Pauvreté) – ANLSESILP) agency, set up in
5
6
6
Loi N° 2010-031 abrogeant et remplaçant l’ordonnance N° 015-2006 portant institution de la CNDH.
Commission Nationale des Droits de l’Homme, Rapport annuel 2012.