A/HRC/26/49/Add.1
March 2013 with the aim of identifying programmes to eradicate the consequences of
slavery, to design, coordinate, and implement reintegration programmes for returnees and
promote programmes to eradicate poverty as advocated in the World Bank’s Poverty
Reduction Strategy Paper (CSLP) on Mauritania.7 The agency can lodge complaints against
alleged perpetrators of slavery-like practices on behalf of the victims, although at the time
of the visit it was still setting up a legal cell to support cases in court. When meeting with
agency representatives, the Special Rapporteur was told that the agency had not received
any complaints of ethnic or descent-based discrimination. It was also engaged in awareness
and public information activities and was involved in land restitution cases and projects to
alleviate poverty for those living in very precarious conditions. At the time of the visit it
was premature for non-governmental interlocutors to comment on the work of the new
agency but some indicated that it was not perceived as independent and that they were
waiting to see how it would develop its legal casework.
B.
Justice system
21.
While commending the achievements in reforming legislation and establishing the
necessary institutions to combat discrimination and slavery-like practices, the Special
Rapporteur notes that there are significant challenges related to the pace and effective
implementation of the law. As a result, many individuals have lost confidence in these
institutions and the justice system. To date no case of racial discrimination has been
referred to national courts, and the few cases of slavery-like practices brought before courts
have not led either to prosecution or punishment of perpetrators or redress for the victims.
22.
In addition, the justice system was reported to work mainly in Arabic as bilingual
judges are rare; this, and the fact that judges appear to be recruited mainly from one caste or
tribe represents a barrier to access to justice, leading to de facto exclusion of those who do
not speak Arabic.8 The practice of prioritizing one language and one caste or tribe also
makes access to the judiciary profession very limited for the other ethnic communities and
contributes to fuelling impunity for human rights violations, including cases of ethnic and
descent-based discrimination, as victims do not trust the justice sector, which they see as
skewed in favour of certain segments of the population.
23.
The Special Rapporteur heard that the nature of descent-based slavery in Mauritania
is such that victims have been indoctrinated over generations into accepting their status as
possessions of their masters and remain economically tied and dependent on their de-facto
masters; it is therefore extremely difficult for them to pursue directly cases against their
masters in court. The National Human Rights Commission reiterated that victims do not
usually lodge complaints as they are not educated and are unaware of their rights and that
judicial proceedings are lengthy, cumbersome and expensive and generally lead to further
stigmatization. The Commission therefore believes that civil society organizations should
be granted leave to lodge complaints on behalf of victims. This should also contribute to
building national jurisprudence on a number of issues, including ethnic and descent-based
discrimination.
24.
The Special Rapporteur also heard numerous complaints of ethnic profiling,
particularly by law enforcement agencies patrolling the roads and was informed that
foreigners detained for identity control purposes were disproportionately of sub-Saharan
7
8
Available from: http://documents.worldbank.org/curated/en/2011/06/14473144/mauritania-joint-staffadvisory-note-third-poverty-reduction-strategy-paper
Fédération international des ligues des droits de l’Homme (FIDH), Mauritanie, “Critiquer la
gouvernance: un exercice risqué” (2012).
7