CERD/C/65/CO/5
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12. The Committee, while taking note of orders No. 91-023 and No. 091-024 of 25 July 1991
on freedom of the press and on political parties, respectively, notes with concern that the
State party’s legislation does not fully meet the requirements of article 4 of the Convention, in
that the provisions of the Criminal Code do not expressly address racial or ethnic
discrimination.
The Committee recommends that the State party fill this gap in its legislation,
including by providing that racially motivated offences be considered an
aggravating circumstance in the commission of an offence.
13. The Committee regrets the lack of information on the implementation of
Order No. 091-024 of 25 July 1991, which prohibits political parties from identifying with a
race, an ethnic group, a region, a tribe, or a brotherhood. It is concerned at reports that the
Order has sometimes been improperly applied to certain political parties.
The Committee recommends that the State party guarantee respect for the
freedoms of expression and association in its implementation of article 4 (a) and
(b) of the Convention. The State party, in its next periodic report, should indicate
more precisely how Order No. 091-024 is interpreted and applied.
14. The Committee remains concerned about allegations concerning the very low proportions
of black Moors and black Africans in the army, the police, the administration, Government
and other State institutions.
The State party should provide detailed information on this matter in its next
report. It should in any case ensure that the various sectors of the Mauritanian
population are effectively represented in State institutions and that they have
equal access to public service.
15. The Committee notes with concern that vestiges of the caste system persist in
Mauritania. While welcoming the fact that slavery was abolished by a law dated 9 November
1981, it remains concerned about information on the persistence of slavery- like practices,
which constitute serious instances of discrimination based on descent. It is concerned that no
implementing orders have been issued subsequent to the 1981 law and that there is no
provision in criminal law that expressly punishes slavery.
The Committee draws the State party’s attention to its general
recommendation XXIX concerning racial discrimination based on descent,
and suggests that a detailed study of this issue should be included in the State
party’s next report. It strongly recommends that the State party launch, in
cooperation with non-governmental organizations and religious leaders, a
wide-ranging information and public-awareness campaign to put an end to
slavery-like practices. The State party should ensure that the perpetrators of
such practices, which are already prohibited by law, are systematically
prosecuted in the courts, including in cases where they have seized the property
of deceased former slaves.
16. The Committee notes that the information on the adoption of practical measures
designed specifically to combat slavery- like practices remains inadequate.