Committee on Economic, Social and Cultural Rights

Seventy-fifth session

12 February–1 March 2024

Item 6 (a) of the provisional agenda

Consideration of reports: reports submitted by States parties in accordance with articles 16 and 17 of the Covenant

Replies of Mauritania to the list of issues in relation to its second periodic report *

[Date received: 8 December 2023]

1.The Committee on Economic, Social and Cultural Rights examined the second periodic report of Mauritania on the measures taken to give effect to the provisions of the International Covenant on Economic, Social and Cultural Rights, and on the progress made with respect to the enjoyment of those rights. Subsequently, the Committee submitted a list of issues in relation to the report (E/C.12/MRT/Q/2), in which it requested further information prior to the report’s consideration. The present document provides information in response to the questions raised in the aforementioned list of issues.

I.General information

Reply to the issues raised in paragraph 1 of the list of issues (E/C.12/MRT/Q/2)

2.In accordance with article 8 of the Code of Civil, Commercial and Administrative Procedure, the courts are empowered, in considering matters brought before them, to interpret all acts of the administrative authorities. Under article 19 of the Code, the competent courts hear all civil, commercial and administrative cases and decide them in accordance with the substantive rules applicable. All administrative disputes that do not fall within the jurisdiction of the administrative division of the Supreme Court, as provided for in article 28 of the Code, fall within the jurisdiction of the wilaya courts and are heard in the administrative divisions of those courts (Code, art. 25).

3.In social matters, in accordance with the provisions of the Labour Code, the Minister of Labour may decide, entirely at his or her discretion, to submit a collective dispute to arbitration, taking into account, in particular, the circumstances and repercussions of the dispute. Such proceedings fall within the remit of the arbitration council, a body of the Labour Court; its composition is defined in article 351 of the Labour Code.

4.In order to strengthen the protection of human rights, enforcement by committal has been completely abolished in civil matters (Act No. 2020-032). In criminal matters, enforcement by committal has been strictly limited to fines and monetary penalties owed to the State (Act No. 2020-033).

Reply to the issues raised in paragraph 2 of the list of issues

5.Freedom of association and expression are guaranteed by the Constitution and the law and are fully respected by the Government. Human rights defenders enjoy the protection of the law and carry out their activities freely, without any hindrance or harassment.

6.Act No. 004/2021 on Associations, Foundations and Networks establishes a system of registration by declaration when associations and non-governmental organizations are set up. This system enables all individuals, including human rights defenders, to form associations with relatively simple procedures and formalities.

Reply to the issues raised in paragraph 3 of the list of issues

Climate change mitigation measures: overall results of the mitigation assessment

7.The mitigation assessment covers 19 measures with a cumulative greenhouse gas emission reduction potential of around 40,327.813 Gg CO2-equivalent by 2030, that is, a reduction in the rate of emissions growth of around 40.62 per cent, as follows:

Energy sector (10 projects with an overall mitigation potential of 9,640.124 Gg CO2‑equivalent, or 23.9 per cent of national potential)

Agriculture, Forestry and Other Land Use sector (7 projects with a cumulative mitigation potential of 30,270.996 Gg CO2-equivalent, or 75.06 per cent of national potential for the period 2010–2030)

Industrial Processes and Product Use sector (2 projects with a combined mitigation potential of 30.5 Gg CO2-equivalent, or 0.08 per cent of national potential)

Waste sector (this remains a low-emission sector, with the fossilization of solid waste due to its low moisture content and the non-treatment of wastewater)

8.Other measures taken to implement the United Nations Framework Convention on Climate Change include :

Mainstreaming climate change into public policy

9.To date, climate change has been mainstreamed into the following key framework and planning documents:

The Strategy for Accelerated Growth and Shared Prosperity

The National Environmental Action Plan

The following sectoral strategies:

The National Action Plan to Combat Desertification of the Ministry of Environment and Sustainable Development

The National Food Security Strategy for Mauritania

The National Agricultural Investment and Food Security Programme for Mauritania

Technology transfer needs

10.Regarding the introduction of technologies in Mauritania in response to the impact of climate change, the following should be noted:

Introduction and promotion of adapted, early-maturing or resilient species and varieties

Intensification and diversification of irrigated crops

Integrated pest management

Optimization of irrigation management techniques

Construction of hydraulic microdams and development of lowlands

Sustainable land management techniques

Integrated soil fertility management

Soil and water conservation and soil protection and restoration techniques

Agroforestry

Introduction of sulphuric acid generators, a new technology for rehabilitating saline-sodic soils

Laying out of fields according to contour lines

Grain banks

Induction of rainfall

Seeding of natural pastures

Development of forage crops

Processing of coarse fodder and production of multi-nutritional blocks

Silage-making techniques

Pasture monitoring

Artificial insemination techniques

Promotion of family poultry farming

Generation of electrical energy from renewable natural resources

Generation of electricity from less-polluting, energy-efficient fossil fuels

Energy from natural gas

Combined cycle technologies

Energy efficiency

Forest management for carbon conservation

Forest management for carbon sequestration

Management for carbon substitution

Aerial seeding

Research and systematic observations

11.Systematic observations :

Meteorological observations: the national terrestrial observation network comprises three main branches: the synoptic network (comprising 10 automatic weather stations and 4 conventional stations), the network of marine stations (3 automatic marine weather stations are currently operational on the Atlantic coast of Mauritania, of which 1 is equipped with radar; a project to install 3 marine stations is under way (Global System for Mobile Communication)) and the rainfall network (around 150 SPIEA rainfall posts are operational and 400 farmers’ rain gauges are in the test phase)

Space observations: satellite data for weather observation are received from 2 ground stations

Observation of water resources

12.Several entities share the task of resource management:

Surface water resources are monitored by the Directorate for Rural Development of the Ministry of Agriculture

Terrestrial observations are the responsibility of the Directorate

Space observations are supported by the African Union, the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT) and the Permanent Inter-State Committee on Drought Control in the Sahel (Regional Training Centre for Agrometeorology and Operational Hydrology and their Application (AGRHYMET)), which provides technical support; a satellite data reception ground station (African Monitoring of the Environment for Sustainable Development (AMESD)) was installed in 2011 to strengthen the Directorate’s capacity for systematic resource monitoring

Observation and monitoring of hydrogeological resources are carried out on an ad hoc basis for the purposes of exploration and exploitation of the main underground aquifers, namely, Bénichab, Boulenouar and the Dhar aquifer; the main players in this field are the National Water Resource Centre and the National Water Company, under the supervision of the Ministry of Hydraulics and Sanitation

Scientific research

13.The scientific research is in its infancy. The main centres are the National Meteorological Office, the National Institute of Public Health Research, the University of Nouakchott, the École Normale Supérieure and the Mauritanian Institute for Oceanographic Research and Fisheries. Activities are mainly carried out within the framework of development projects and programmes, by three entities:

The National Meteorological Office

The National Institute of Public Health Research (an initiative on the health and environmental vulnerability of disadvantaged districts of Nouakchott has been launched with the National Centre of Competence in Research (NCCR) North-South, with financial support from the Swiss National Science Foundation and the Swiss Agency for Development and Cooperation, in order to analyse the conditions for the emergence and development of diseases in Sahelian urban environments)

The Mauritanian Institute for Oceanographic Research and Fisheries, which conducts various “climate resources” research programmes

Education, training and public awareness

14.Considerable efforts have been made by the Coordinating Unit of the National Climate Change Programme in respect of training, particularly in areas covered by the Institute for Global Environmental Strategies, mitigation, vulnerability and adaptation, but also with regard to education and awareness-raising on climate change. In all, 46 types of training have been provided, for experts, secondary school trainers and decision makers.

II.Issues relating to the general provisions of the Covenant (arts. 1–5)

A.Right to freely dispose of natural wealth and resources (art. 1 (2))

Reply to the issues raised in paragraph 4 of the list of issues

15.Under Act No. 2000/45, the Environment Framework Act, title V:

“Article 93: A fine of between 3,000 and 200,000 ouguiyas will be imposed on anyone who: (1) is in possession of or abandons waste in violation of articles 62 and 63; (2) makes discharges in violation of articles 46 and 50 above.

Article 94: A fine of between 5,000 and 500,000 ouguiyas will be imposed on anyone who: (1) fails to hand over waste that they have produced or are in possession of in violation of the statement of requirements referred to in article 68; or (2) makes discharges that are prohibited or, in the case of discharges subject to authorization under article 39 above, discharges that are unauthorized, or contravenes the conditions of the authorization they hold; (3) takes water, establishes facilities, equipment or installations in the public domain or digs a well for the purpose of taking water without the required authorization; (4) opens, establishes or enlarges, increases the production capacity or substantially modifies the technical characteristics of an installation included in the list in article 53 above or starts work for that purpose without the required authorization, or disregards the regulations applicable to their installation or the requirements of the authorization they hold; or (5) introduces or attempts to introduce into Mauritania the animal or plant species referred to in article 28.

Article 95: A fine of between 10,000 and 1,000,000 ouguiyas will be imposed on anyone who: (1) provides information and statistics which they were legally obliged to supply, but which are deliberately inaccurate or grossly incomplete; or (2) obstructs or attempts to obstruct checks legally organized under the provisions of the present law or its implementing regulations.

Article 96: A penalty of life imprisonment will be imposed on persons who import, purchase, sell, transport, store or stock toxic waste and environmentally hazardous radioactive products from abroad.

Article 98: Infringements of the provisions of the present law concerning protected animal and plant species will be punished in accordance with the provisions of the laws and regulations in force concerning hunting, fishing and forestry. If no penalty is provided for in these laws and regulations for the species in question, the perpetrator will be liable to a fine of between 5,000 and 100,000 ouguiyas.

Article 99: Other than in the cases envisaged in articles 96 and 97, when the offences referred to in articles 93 and 98 of the present law result in serious and manifest damage to a natural environment, flora, essential resources, a protected environmental area or human health, the penalty inflictable will be doubled. The same will apply when the perpetrator of the offence or an accomplice is a civil servant or public employee responsible in any capacity for the protection of the interests referred to in article 1 of the present law.”

16.In addition, Act No. 2008-011, the Mining Code Act, provides in title XI:

“Article 130: The following offences are punishable by a prison sentence of from 1 to 3 months and/or a daily fine of at least 500,000 to 1,000,000 ouguiyas:

Exploring or exploiting mineral substances (mining or quarrying) without holding an appropriate mining or quarrying permit

Failing to declare, at the end of the period of validity of the permit, the definitive cessation of all work

Contravening the provisions of articles 62, 81 and 100 of the present law

Article 131: A prison sentence of from 6 months to 1 year and/or a daily fine of at least 5,000,000 ouguiyas will be imposed on anyone who contravenes the regulations concerning public safety and public health and the preservation of the environment and, in particular, who:

Conducts such work without complying with the provisions of article 63 (1) of the present law

Prevents the carrying out of the measures prescribed in article 63 (2), 73 and 74 of the present law

Article 132 : The perpetrator of an infringement of any provision of the present law other than those referred to in articles 130 and l3l above and, in particular, those envisaged in article 56, is liable to a daily fine of between 1,000,000 and 3,000,000 ouguiyas.”

Reply to the issues raised in paragraph 5 of the list of issues

17.Mauritania has adopted a participatory approach as part of its environmental protection programmes. This approach has enabled the environment to be effectively managed, protected and preserved. The results obtained have contributed significantly to the attainment of the Sustainable Development Goals. The key strengths of this approach are as follows:

Mobilization and involvement of communities in the management and protection of natural resources

Dynamism of civil society organizations and their commitment to sustainable development

Existence of technical and human capital within communities and civil society organizations for environmental management and protection

Positive development and emergence of environmentally responsible collective behaviour

B.Obligation to take steps to the maximum of available resources (art. 2 (1))

Reply to the issues raised in paragraph 6 of the list of issues

Prevalence of poverty = 28.2% – D10/D1 expenditure ratio = 7.704

Billions of ouguiyas	2013	2014	2015	2016	2017	2018	2019	2020	2021	2022	2023 (up to Oct.)
Total revenues and grants (including oil revenues)	42.3	42.8	45.6	46.8	49.3	53.7	57.6	63.8	76.4	87.7	64.6
Tax revenues (excluding oil)	26.9	28.5	26.7	28.8	32.3	36.2	37.3	36.8	44.2	47.5	40.0
Share of tax revenues (excluding oil)	64%	67%	59%	62%	65%	67%	65%	58%	58%	54%	62%

Source : National Agency for Statistics and Demographic and Economic Analysis (ANSADE), 2023.

Real job growth from 2013 to 2022

(Percentage)

Description	2013	2014	2015	2016	2017	2018	2019	2020	2021	2022
Imports	-4.7	-15.0	-7.1	-2.9	14.7	37.2	6.7	0.4	-3.3	15.8
GDP	4.15	4.27	5.38	1.26	6.27	4.77	3.14	-0.36	0.7	6.4
Final consumption	1.9	3.3	4.6	4.0	3.3	4.1	4.0	-0.1	7.7	7.1
Household final consumption	2.0	3.0	4.3	4.3	2.8	3.7	2.6	0.9	3.4	2.7
Household final consumption, non-market	-1.5	2.2	4.1	2.7	1.7	6.3	0.3	7.0	-2.1	2.7
Household final consumption, market	2.6	3.1	4.3	4.6	3.0	3.3	3.0	0.0	4.3	2.7
Final consumption of public administrations	1.3	4.6	6.0	2.7	5.6	5.5	10.2	-4.4	26.8	22.3
Final consumption of non-profit institutions serving households	2.9	5.0	13.4	0.7	-0.8	3.4	3.6	7.5	-4.3	31.3
Gross fixed capital formation	3.3	2.7	-9.0	-6.0	12.8	18.7	3.0	-17.0	12.1	-7.3
Inventory changes	-10.5	-57.0	13.2	-25.5	151.4	158.2	-21.0	109.7	-24.8	-37.9
Net acquisitions of valuables	0.0	0.0	0.0	0.0	0.0	6.5	2 963.6
Exports	1.2	2.7	2.6	-0.4	7.1	1.8	14.3	-9.2	-12.9	39.9

Source : ANSADE, 2023.

Current GDP by industry from 2013 to 2022

Millions of ouguiyas	2013	2014	2015	2016	2017	2018	2019	2020	2021	2022
Primary sector	35.363	37.548	41.305	49.016	55.299	63.076	57.811	58.838	63.687	80.409
1. Agriculture, fishing and logging	35.363	37.548	41.305	49.016	55.299	63.076	57.811	58.838	63.687	80.409
1.1 Agriculture, forestry and logging	11.478	10.561	9.945	10.266	10.510	11.822	12.091	11.815	13.104	17.696
1.2 Animal husbandry and hunting	15.797	18.700	21.744	24.391	25.830	27.159	26.790	27.799	33.712	41.950
1.3 Fishing	8.089	8.287	9.616	14.359	18.959	24.095	18.930	19.224	16.871	20.763
Secondary sector	83.854	56.753	45.543	56.864	57.799	63.020	82.840	103.366	106.703	109.187
2. Mining and quarrying	56.010	26.338	12.914	25.467	24.915	26.457	43.006	64.303	68.479	68.834
2.1 Extraction of petroleum and gas products	3.232	3.570	649	882	702	353
2.2 Mining and quarrying other than extraction of petroleum and gas products	52.778	22.769	12.266	24.584	24.214	26.104	43.006	64.303	68.479	68.834
2. 2.1 Mining of metallic ores	50.264	19.550	8.627	20.538	19.028	19.349	36.491	58.842	63.493	63.000
Iron, National Industrial and Mining Company	39.211	13.650	3.840	14.654	11.864	10.413	23.629	35.770	48.025	36.329
Gold and copper	11.053	5.900	4.787	5.884	7.164	8.936	12.862	23.072	15.468	26.671
2. 2.2 Other mining and quarrying	2.514	3.219	3.639	4.046	5.186	6.756	6.515	5.462	4.987	5.834
3. Manufacturing	18.468	19.677	20.780	20.618	22.541	23.130	26.243	27.287	25.792	27.745
3.1 Manufacturing excluding water and electricity	13.915	14.797	14.893	13.779	15.611	16.898	20.556	20.539	20.250	22.241
3.2 Water and electricity production and distribution	4.554	4.880	5.887	6.839	6.930	6.232	5.686	6.749	5.542	5.504
4. Construction	9.376	10.739	11.850	10.779	10.342	13.432	13.591	11.775	12.432	12.608
Tertiary sector	82.317	88.537	93.089	98.948	106.900	115.802	124.081	119.752	137.299	154.439
5. Transport, information and communication	10.751	11.784	12.145	14.895	16.769	19.229	20.184	20.058	21.868	22.660
5.1 Transport	5.264	6.337	6.944	9.094	10.233	11.683	12.554	12.012	13.911	14.318
5.2 Information and communication	5.487	5.446	5.202	5.802	6.536	7.546	7.630	8.046	7.958	8.342
8. Trade	24.030	27.134	27.464	27.269	27.936	32.009	33.706	29.501	34.429	36.404
9. Other services	36.405	37.878	40.405	42.776	47.149	47.896	52.799	53.283	58.122	67.266
10. General government	11.131	11.743	13.075	14.008	15.047	16.669	17.391	16.910	22.879	28.109
GDP at factor cost	201.534	182.839	179.937	204.828	219.998	241.897	264.731	281.956	307.689	344.034
Net product taxes	15.650	16.734	20.284	20.646	23.409	24.740	24.934	25.255	24.907	17.662
GDP at market prices	217.185	199.573	200.221	225.473	243.407	266.638	289.666	307.211	332.595	361.696

Source : ANSADE, 2023.

18.As part of the administrative reforms carried out in the context of the fight against corruption, Mauritania has established criteria, measures and principles that it is committed to implementing in order to strengthen its anti-corruption laws and regulations. In 2022, it undertook the second round of self-assessment on the implementation of the United Nations Convention against Corruption.

19.Act No. 2015-040 of 23 December 2015, the Framework Act on Combating Corruption, set out cross-cutting and sectoral measures and provided for the establishment of a mechanism to monitor anti-corruption initiatives. The monitoring committee includes representatives of the Government, the private sector and civil society organizations.

20.The adoption of Act No. 2016-014, the Anti-Corruption Act, remedied the legal shortcomings in this area and incorporated into national law the provisions of the international and regional instruments to which Mauritania has acceded. The law stipulated the establishment of a specialized court to deal with all forms of corruption and provided for appropriate penalties.

21.The judicial activity of the specialized anti-corruption court between 2017 and 2023, pursuant to Act No. 2026-014, led to the institution of proceedings in 40 cases involving some 100 defendants. The sentences handed down in the cases tried ranged from 6 months’ to 10 years’ imprisonment, plus confiscation of seized goods.

	2017	2018	2019	2020	2021	2022	2023
Number of cases	6	6	1	3	9	9	5
Number of persons involved	28	10	4	11	18	22	10

22.Article 19 of Act No. 2016-014 provides that whistle-blowers, witnesses, experts, and victims and their relatives are entitled to special protection by the State. Any person who resorts to retaliation, intimidation or threats against the person of witnesses, experts, victims, whistle-blowers or their families or other persons close to them is liable to imprisonment for between 1 and 5 years and a fine of from 200,000 to 1,000,000 ouguiyas.

23.Decree No. 018-2017 of 15 February 2018, published in Official Gazette No. 1385, organizes the protection of whistle-blowers, witnesses, experts, and victims and their relatives.

24.The Office for the Management of Frozen, Seized or Forfeited Assets and the Recovery of the Proceeds of Crime, the Court of Auditors, the Inspectorate General of State, the Inspectorate General of Finances, the Directorate for Economic and Financial Investigations, the Public Procurement Regulatory Authority, the Commission for Transparency in Public Life, the departmental and multi-departmental commissions for the award of public contracts and the commissions for the scrutiny of below-threshold purchases, among others, are all bodies and mechanisms set up to ensure transparency in the management of public affairs.

25.The recovery of assets derived from corruption is a real challenge. It may be effected through any means (contentious or non-contentious). Reimbursement, an amicable solution, does not preclude legal action.

C.Non-discrimination (art. 2 (2))

Reply to the issues raised in paragraph 8 of the list of issues

26.In accordance with Organic Act No. 2011.003, which repealed and replaced Act No. 96.019 of 19 June 1996 on the Civil Status Code, all Mauritanian citizens and foreigners residing in or visiting Mauritania have the right to be registered in the National Population Register and obtain the secure documents to which this gives rise.

27.To give effect to the will of Mauritanian lawmakers, the public authorities have initiated a number of measures in addition to Decree No. 2011-110 of 3 May 2011, which defines the legal framework for registration in the National Population Register, among them Order No. 0698 MIDEC of 4 July 2023 on the establishment of identification commissions to support the National Agency for the Registration of Persons and Secure Documents in carrying out registration operations for citizens without documents.

28.These commissions, which are being set up in places where there are unregistered citizens, must verify the identity of persons applying to be registered.

29.If these commissions are unable to identify such a person, he or she is referred to the commission in his or her commune or department of origin, or that of one of his or her parents, for a final decision on his or her application. This shows the extent of the Government’s commitment to registering all Mauritanian citizens, regardless of their origin or social rank.

30.Moreover, persons applying to register need only appear before the commissions, accompanied by their closest relatives, in order to be identified and registered.

General Delegation for National Solidarity and the Fight against Exclusion (Taazour)

31.With regard to measures taken to register births, the National Agency for the Registration of Persons and Secure Documents has set up citizen reception centres in all moughataas (departments), along with mobile registration teams in remote areas. These measures were reinforced by the launch, on 11 July 2023, of a vast national campaign to promote exceptional registration of births using simplified procedures; the campaign will end on 31 December 2023.

Reply to the issues raised in paragraph 8 of the list of issues

32.Mauritania is an Islamic, democratic and social republic. Muslim law plays a predominant role, with the sharia the sole source of law. The individual and collective freedoms of all persons, whether citizens or foreign residents, are respected. Those who have a particular orientation of their choosing are neither stigmatized nor excluded, provided that this orientation remains in the private sphere and is not exhibited in public.

Reply to the issues raised in paragraph 10 of the list of issues

33.The authorities have embraced the principle of equality of treatment for those granted refugee or protected person status and will continue to do so.

34.Decree No. 063/2022 of 5 May 2022, which sets out the procedures for the application of the international conventions on refugees, provides in article 15 that “persons granted the status of refugee or person in need of protection must receive the same treatment as Mauritanian nationals in terms of access to medical care, the labour market, social security and education”:

In order to improve the application of the principle of equal treatment and, more generally, of the provisions of the international conventions in question, the Decree envisages a consultative framework known as the National Consultative Commission for Refugees, whose internal regulations provide for the participation in its meetings of the Office of the United Nations High Commissioner for Refugees and the presentation by the Office of issues falling under its mandate, should it so wish.

D.Equal rights of men and women (art. 3)

Reply to the issues raised in paragraph 11 of the list of issues

35.Family relations are governed by the Personal Status Code. The right to marry is an inalienable, natural and fundamental right of every man and woman. The future spouses marry of their own free will. The complementarity of men and women in terms of entering into marriage and freely choosing their spouse is enshrined in article 1 of the Code, which defines marriage as “a legal contract by which a man and a woman unite for the purpose of a lasting conjugal life”. Article 25 of the Code, which was strongly inspired by the provisions of the Mauritanian Constitution, establishes equality between husband and wife with respect to individual and property rights. It stipulates that “to marry, the future spouses must both be consenting and of the age required by law”.

36.The law on civil status allows women to take their husband’s family name or keep their maiden name. Article 28 of the Personal Status Code guarantees a woman’s right to freely choose her job or profession. The Code enshrines the right of each spouse to his or her own property and affirms a woman’s ability to manage her property. The definitions it contains of the rights and obligations of the spouses, both during the marriage and after its dissolution, are detailed and uniform.

37.The Personal Status Code is currently being revised to bring some of its provisions into line with the conventions ratified by Mauritania. Amendments have been proposed for certain articles and will introduce the following new elements into the Code:

The principle of the shared responsibility of husband and wife

The stipulation that a person who is incompetent may be given in marriage only by his or her guardian, with the authorization of a judge

A provision allowing proceedings against a guardian who is negligent to be brought before a judge by any adult having a relationship of consanguinity with the person under guardianship and by civil society organizations approved in accordance with the Code

The classification of marriage and the heading of the family

The conditions for a marriage to be valid

The form of the woman’s consent

The management by a woman of her property

Divorce on the wife’s initiative

38.The provisions of Mauritanian law relating to the transmission of nationality to children and spouses are not discriminatory.

39.Acquisition of Mauritanian nationality by marriage has taken place under the same conditions, without distinction as to sex, since the provisions of Act No. 61.112, title III, chapter 2, concerning the acquisition of nationality by marriage were repealed and replaced by those of chapter 3 on naturalization (pursuant to article 2 of Act No. 2010-023 of 11 February 2010), which are now applied with respect to the acquisition of Mauritanian nationality by marriage.

40.In the light of the repeal of article 9 of Act No. 61.112 (pursuant to article 1 of Act No. 2010-023 of 11 February 2010), there are three scenarios whereby a child can receive Mauritanian nationality of origin. A child is Mauritanian if:

He or she is born to a Mauritanian father

He or she is born to a Mauritanian mother and a father of no or unknown nationality

He or she is born in Mauritania to a Mauritanian mother and a father who is a foreign national

41.These provisions are supplemented by article 13 of the new Nationality Code, which stipulates that a child born abroad to a mother who is a Mauritanian national and a father who is a foreign national may opt for Mauritanian nationality. This option is reinforced by the principle of multiple nationalities, enshrined in article 31 (new), and the repeal of article 32 of Act No. 2021-016.

42.In addition, a minor child whose father or mother acquires Mauritanian nationality becomes Mauritanian by right, in the same way as his or her parents (pursuant to article 15 (new) of Act No. 2010-023).

43.Act No. 061-112 of 12 June 1961 on the Nationality Code and the texts amending it (Acts No. 073-010 of 23 January 1973, No. 073-186 of 30 July 1973, No. 076-207 of 30 July 1976, No. 076-207 of 9 July 1976 and Decree No. 082-028 of 26 March 1982) guarantee the same conditions regarding acquisition, retention and loss of Mauritanian nationality for all citizens, without distinction, including on the basis of sex, through the general conditions regarding acquisition of Mauritanian nationality, which is based on jus sanguinis and jus soli.

44.Furthermore, if any principle of international law confers any right in matters of nationality, this principle is applied mutatis mutandis, in accordance with article 6 of Act No. 61-112, the Nationality Code, which stipulates that all provisions relating to nationality contained in duly ratified and published international treaties or agreements are to be applied, even if they are contrary to the provisions of Mauritanian domestic law.

45.Regarding specific measures taken to put an end to harmful customary practices, Mauritania was among the pioneering African countries that launched a campaign to end child marriage. It has set up a multisectoral commission responsible for implementing the campaign. The Commission has drawn up a road map involving three main areas of work: advocacy for the adoption of legislation protecting children and prohibiting child marriage; production of educational materials; and awareness-raising training for stakeholders and the general public.

46.Female genital mutilation is established as an offence that constitutes cruel, inhuman or degrading treatment in article 79 of Act No. 2018-024 of 21 June 2018 on the General Child Protection Code, which reads as follows: “Cruel, inhuman or degrading treatment includes harmful excision and all other similar practices performed on girls, and negative customary, cultural and social practices that harm the physical integrity, health or dignity of the child.” This removes any ambiguity as to the interpretation of genital mutilation and all negative customary, cultural or social practices that harm the physical integrity, health or dignity of the child.

47.Act No. 2017-025 of 15 November 2017, the Reproductive Health Act, which establishes female genital mutilation as a criminal offence, has been widely publicized among health-care personnel.

48.Article 12 of the ordinance on the judicial protection of children criminalizes and stipulates penalties for any injury to the genitals of a girl by infibulation, desensitization or any other means that results in harm to the child. The penalty is increased when the perpetrator of the act belongs to the medical or paramedical profession.

49.Health professionals have led the way in the fight against female genital mutilation and, on the basis of their statements, two fatwas (opinions of Muslim legal scholars) prohibiting female genital mutilation have been issued, one at the national and the other at the subregional level. Several awareness-raising workshops have been held for personnel and members of the public.

50.To reinforce its commitment to the promotion and protection of women’s rights, the Government has put in place an extensive institutional framework, as follows:

The National Committee to Combat Gender-based Violence, including Female Genital Mutilation, has been established

Regional committees to combat gender-based violence, including female genital mutilation, have been set up

A network of non-governmental organizations specializing in female genital mutilation has been created

Standard operating procedures on combating violence against women have been implemented in order to ensure a more effective response and the provision of holistic care to survivors of gender-based violence

III.Issues relating to the specific provisions of the Covenant (arts. 6–15)

A.Right to work (art. 6)

Reply to the issues raised in paragraph 12 of the list of issues

51.Articles 166 and 247 of the Labour Code address working conditions and were drafted in conformity with the relevant conventions of the International Labour Office (ILO), which validated the Code prior to its adoption. The prohibitions, or rather restrictions, on women performing certain jobs are designed to protect them from dangerous work, such as night work (ILO Convention No. 4), work during pregnancy and/or while breastfeeding (ILO Convention No. 3) and so forth.

52.Mauritanian women are free to do any job for which they have the required qualifications. Today, they are judges and prosecutors, civil servants, engineers, senior officers or members of the armed and security forces (army, national guard, police, fire department, etc.) and carry out their activities without discrimination.

Reply to the issues raised in paragraph 13 of the list of issues

53.Jurisdiction over offences of slavery and slavery-like practices is vested in the three specialized criminal courts, each of which is responsible for several regions so that the entire country is covered. First instance decisions handed down by these courts may be appealed to the courts of appeal, of which there are four. In addition, the Supreme Court, the highest court, examines appeals on points of law against decisions handed down by the appeal courts. This institutional framework provides a solid foundation for punishing perpetrators of slavery and slavery-like practices and providing reparation to victims of abuse and all forms of exploitation.

54.Under this framework, human rights organizations are able to assist victims of slavery at all stages of proceedings and even draw attention to or report cases, file complaints or bring public actions in their own right.

55.Victims of slavery and slavery-like practices are automatically entitled to legal aid and exemption from fees and costs at all stages of proceedings. They also receive protection against intimidation, threats or reprisals (judges are required to take these interim measures whenever a case involving slavery is brought before them).

56.The presidents of the specialized criminal courts have remained in their posts since 2017, enabling them to accumulate more experience and knowledge of their field of activity.

57.The specialized courts have produced a rich and varied body of case law in proceedings at all levels. The courts have dealt with an abundance of cases covering every possible aspect of judicial decision-making. Their activities have given rise to decisions that are rich in content, including convictions, acquittals and dismissals, and/or address preliminary issues such as lack of jurisdiction and statutory limitations.

58.Statistics on trafficking cases brought under Acts No. 2015-031 and No. 2020-017 and related to slavery, slavery-like practices and human trafficking show that, to date, 163 such cases have been referred to the courts, as follows:

83 cases that are pending, involving 123 people, 50 of whom are being detained

80 cases that have been tried, involving 138 people including:

75 sentenced to imprisonment, 28 of whom are currently serving their sentences

25 given suspended sentences of imprisonment

27 acquitted

2 whose cases were dismissed

1 sentenced to alternative measures to imprisonment

6 who benefited from statutory limitations

4 whose cases were referred to other courts

59.On the recommendation of the Special Rapporteur on contemporary forms of slavery and other technical partners, the public authorities are currently studying a draft amendment aimed at reforming the composition of the specialized courts for combating slavery-like practices and revising Act No. 2015-031 in order to remedy the shortcomings observed in its application; the measures to be taken include merging the handling of slavery and human trafficking cases, revitalizing the role of the judiciary, implementing interim and protective measures and amending the sentencing regime.

B.Right to just and favourable conditions of work (art. 7)

Reply to the issues raised in paragraph 14 of the list of issues

60.Pursuant to article 195 of the Labour Code, the level of the guaranteed minimum wage is set in a decree issued following consultation with the National Council for Work, Employment and Social Security. The decree may establish:

A reduced level for workers under the age of 18

A differentiated level for workers in agriculture

61.The decree is generally adopted after the social partners (employers’ and workers’ unions) have determined the amount by which the minimum wage will increase, through collective bargaining. The social partners are also involved ahead of the decree’s adoption through the National Council for Work, Employment and Social Security, a tripartite consultative body.

62.The collective negotiations launched in 2020 to consider raising the minimum wage could not continue owing to the coronavirus disease (COVID-19) pandemic, which disrupted the meeting schedule.

63.However, to alleviate the adverse impact of the pandemic, the Ministry responsible for labour issues sent circulars to all employers requesting them to reduce working hours while maintaining full pay and prohibiting them from making redundancies for economic reasons.

64.Wages paid to employees respect not only the principle of equal pay for equal work, but also that of equal pay for work of equal value; this is accomplished through the mechanism of job reclassification commissions. These commissions rule whenever an employee considers that he or she has suffered harm because his or her professional skills have not been taken into account in determining his or her salary.

Reply to the issues raised in paragraph 15 of the list of issues

65.Owing to its predominant role, the informal economy is a particular focus, and the Ministry responsible for labour issues is studying ways of formalizing informal employment, in collaboration with ILO. Workers in this sector enjoy the same legal protection as workers in other sectors.

66.The labour inspectorate, which is responsible for law enforcement, has benefited from special capacity-building efforts. The commitment of the public authorities to upholding workers’ rights is evidenced by the recruitment of 66 labour inspectors and labour monitors, the acquisition of appropriate office equipment and the allocation of substantial financial resources.

C.Trade union rights (art. 8)

Reply to the issues raised in paragraph 16 of the list of issues

67.Mauritania has ratified the ILO Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in 1961, and the ILO Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

68.Freedom of association is guaranteed in the Constitution and in articles 264–291 of the Labour Code, which define a system of registration by declaration for new trade union organizations. These arrangements have facilitated the establishment of more than 47 trade union confederations and over 200 trade unions, which has not been without its problems in terms of representativeness.

69.To tackle that issue, a range of legal instruments (decrees and orders) has been adopted. Implementation will be initiated as soon as the trade unions have agreed on a calendar and timetable for elections to determine their representation.

D.Right to social security (art. 9)

Reply to the issues raised in paragraph 17 of the list of issues

70.Under Act No. 67-039 of 3 February 1967, all employers who offer employment contracts in Mauritania are obliged to provide their employees with social security coverage within eight days of recruitment. The same obligation exists in respect of health insurance, which is now required for public and private sector employees in both the formal and informal sectors.

71.Labour inspectors and social security inspectors are working daily to ensure that this obligation is respected.

72.The introduction of universal social security coverage is a major objective of government policy. In this context, a national social protection strategy is currently being drawn up.

73.The aim of the strategy is to bring together cross-cutting actions currently being carried out by various government services (the National Social Security Fund, the National Health Insurance Fund, Social Assistance, the Food Security Commission, Taazour, etc.) and target populations in vulnerable situations.

E.Protection of the family and children (art. 10)

Reply to the issues raised in paragraph 18 of the list of issues

74.The following measures have been taken to protect children:

Revitalization of the National Council for Children

General introduction of child protection tables

Establishment of two reception centres for girls who are victims of violence

Increase in the budgets of seven regional branches of the Centre for the Protection and Social Integration of Children

75.Through the efforts of the Centre, the following results have been achieved:

Type of integration	2019	2020	2021	2022	2023	Total
Educational integration	315	223	212	575	1 355	2 680
Vocational integration	76	74	85	180	345	760
Family integration	22	17	33	54	136	262
Care of children without family support	19	23	36	24	18	120
Total				832	1 855	3 822

Reply to the issues raised in paragraph 19 of the list of issues

76.Act No. 2022-023 of 17 August 2022, the Framework Act on the National Education System, expressly prohibits corporal punishment in schools. Article 12 states that “corporal punishment and all forms of emotional abuse are prohibited in schools. The perpetrators of such acts are liable to administrative penalties, without prejudice to any legal proceedings.”

77.Articles 79 and 80 of the General Child Protection Code clearly prohibit corporal punishment:

“‘Repeated abuse’ means the subjecting of a child to torture or cruel, inhuman or degrading treatment. The term ‘cruel, inhuman or degrading treatment’ refers in particular to the subjecting of a child to acts of brutality that may affect his or her psychological equilibrium, the repeated violation of his or her physical integrity and the practice of depriving him or her of food or confining him or her.”

78.Subjecting a child to torture or barbaric acts is punishable by 6 years’ imprisonment. The penalty is increased to 15 years when the practice is committed habitually and to life imprisonment when the practice results in death as an unintended consequence.

F.Right to physical and mental health (art. 12)

Reply to the issues raised in paragraph 24 of the list of issues

79.Statistical data (in percentages) on the impact of measures taken to ensure the accessibility, availability, affordability and quality of health services, particularly in rural and remote areas, are pending the results of surveys and studies; the measures taken are as follows.

Geographical accessibility

Development of a health map based on an exhaustive inventory

Implementation of hospital reforms based on a map of facility projects and programme contracts (in progress)

Affordability

Increase in the share of the State budget allocated to the Ministry of Health from 6.5 per cent in 2020 to 7 per cent currently

Introduction, pursuant to Order 0115 of 6 March 2020, of a pricing system for medical procedures provided by national health structures

Setting, by Joint Order No. 000112 of the Minister of Health and the Minister of Trade of 25 February 2020, of the profit margins on authorized drugs for private wholesale distributors and retailers (pharmacies and pharmaceutical outlets)

Conclusion of an agreement between Taazour and the National Health Insurance Fund to provide care for 100,000 persons who are indigent

Conclusion of an agreement between the Ministry for Social Affairs, Children and the Family and the Ministry of Health setting out conditions of access and care for persons with disabilities and persons receiving kidney dialysis

Establishment, pursuant to Decree No. 2022-130 of 7 September 2021, of a public administrative body called the National Health Solidarity Fund, which provides universal, voluntary health insurance funded by contributions from members, the State and other entities

80.By way of a reminder, 30 per cent of the population was covered by the National Health Insurance Fund, including 15 per cent by the contributory insurance scheme and 15 per cent by the non-contributory insurance scheme, which are financed by the State through Taazour. The purpose of creating the National Health Solidarity Fund is thus to gradually cover the remaining 70 per cent of the population not covered by the National Health Insurance Fund.

Accessibility and availability of medication

Implementation, pursuant to Decree No. 2022-119 of 17 August 2022, of a national system of access to quality care and essential medicines, known as Mouyassar; under this Decree, a supply of essential medicines is being established at each level of the health pyramid for the in-house pharmacies of all public health facilities nationwide (health posts, moughataa health centres and hospital centres)

Availability, through this system, of quality generic medicines at reduced prices

Efforts undertaken in the context of public health emergencies

Establishment, pursuant to Decree No. 2022-143 of 5 October 2022, of a public administrative body, the National Centre for Public Health Emergency Operations, whose purpose is:

To set up a health monitoring and early warning system

To assess epidemiological risks and draw up a dynamic risk map

To ensure the implementation of a mechanism for responding to epidemics, whatever their origin, in collaboration with the various stakeholders

Establishment, pursuant to Order No. 0651 of 15 July 2022 of the Minister of Health, of an emergency medical assistance services programme, with the aim of, inter alia, drawing up national emergency management protocols and monitoring their application

Coordination of the actions of the various actors involved in responding to medical emergencies

Accessibility and availability of health-care personnel

Significant recruitment in recent years of various categories of health-care personnel

Revision and updating of the decrees on the organization and functioning of the national associations of dentists, doctors and pharmacists

Revision and updating of Decree No. 2022-114 /PM/ of 7 May 2020 on the special status of health-care practitioners

A salary increase of 30 per cent for health-care personnel

General introduction of hazard pay and distance allowances

Development of a database and human resources management tool

Updating of training and career development plans

Drafting and refinement of regulatory texts covering the public and private sectors

Harmonization of the public and private health sectors, construction of health centres and health posts throughout the country

Upgrading of hospital facilities through improvements to buildings, equipment (including ambulances) and staff training

Setting up of an urgent medical assistance service in Mauritania and introduction of universal health insurance; these various actions complement the efforts already made with respect to free care for persons who are indigent, reduced obstetric fees, care for road traffic accident victims, and medical transport and evacuation

Improvement of living conditions for disadvantaged populations, which will include financing of a second phase of the cash transfer programme benefiting more than 200,000 households

Renewal of the rural microfinance program for the period covered by the plan

81.The following measures have been taken to regulate traditional medicine and to effectively monitor and supervise the private health sector:

Distribution of free food to support food security and stepping up of efforts to combat malnutrition among women and children

Regulation of traditional medicine since 2012 pursuant to an order of the Council of Ministers

Holding of meetings in June 2023 at the office of the Minister of Health, bringing together the Ministry’s departments and technical experts and Mauritanian traditional practitioners; following these meetings, a draft order to amend and replace the previous order on traditional medicine was put forward

Establishment of effective monitoring of the private health sector through the strengthening of the Inspectorate General for Health with the addition of a number of inspectors in the various areas of professional practice, pharmacies and laboratories

82.With regard to COVID-19, the Government passed enabling legislation, Act No. 2020-004 PR of 22 April 2020, authorizing it to adopt by ordinance all necessary measures to combat the COVID-19 pandemic and all its effects:

Ordinance No. 2020-001 on certain measures necessary to combat the COVID-19 pandemic and its effects was adopted

Mauritania became the first country in West Africa and the twelfth on the continent to achieve the World Health Organization (WHO) target of vaccinating 10 per cent of the population against COVID-19

This result was achieved thanks to the support that the health authorities received from the Government at the highest level

In addition, the Ministry of Health set up over 900 vaccination sites in public places, including mosques, ministries, city exits and bus station entrances

83.The total number of doses administered was 3,726,398.

Reply to the issues raised in paragraph 25 of the list of issues

84.With regard to the availability of contraceptive methods, the following measures should be mentioned, among others:

Adoption of the Reproductive Health Act in 2017

Inclusion of a budget line for securing reproductive health products

Approval of a budgeted annual national plan for family planning covering the period 2019–2023

Integration of post-partum family planning, maternal and child health and nutrition services

Development of a gynaecological cancer prevention strategy

85.Concerning specific measures adopted to ensure care for women during delivery and the postnatal period, the following should be mentioned:

Care for women during delivery and the postnatal period to reduce maternal mortality

Adoption of the Reproductive, Maternal, Neonatal, Child and Adolescent Health Strategy 2020–2026

Establishment of a legal framework for the maternal and perinatal death surveillance and response system

Revitalization of the maternal and perinatal death surveillance and response committees

Approval of national protocols, standards and procedures with respect to reproductive, maternal, neonatal, child and adolescent health

Availability of life-saving drugs for obstetric emergencies

Adoption of a blood transfusion availability strategy

Provision of an obstetric package (for a lump sum of 400 ouguiyas) covering care during pregnancy, delivery and the postnatal period, including:

Free medical evacuation

Free resuscitation

Free surgical management of obstetric fistulas

A wider range of health-care services

Reply to the issues raised in paragraph 26 of the list of issues

86.The requested information – statistical data and prevalence rates – is still in the evaluation phase, pending the results of surveys and studies. Nevertheless, it can be confirmed that anti-malarial, anti-tuberculosis and antiretroviral drugs, COVID-19 vaccines and oestrogen and progesterone contraceptives (family planning) are available absolutely free of charge, as is emergency care.

87.Under current regulations, the State, local authorities, community groups and other legal entities, through their representatives and in coordination with members of the ulama, must, as part of their activities, ensure safeguarding, promotion and protection and efforts to combat HIV/AIDS through assistance, advice, information, education and communication.

88.Mauritania has laws and implementing regulations to combat discrimination against people with sexually transmitted infections and HIV/AIDS:

Act No. 025-2017 of 15 November 2017, the Reproductive Health Act:

“Article 12: Any person suffering from a sexually transmitted infection or from HIV/AIDS in particular must enjoy civil, civic, political and social rights without discrimination: the rights to housing, education, employment, health and social protection.”

Act No. 2007.042 of 3 September 2007, the Prevention, Care and Control of HIV/AIDS Act, and its implementing regulations, which were adopted to ensure proper care for people with AIDs and people carrying HIV:

“Article 17: Anyone who knows that he or she is infected with HIV/AIDS or a sexually transmitted infection must inform his or her partner(s).

Article 19: Anyone who is aware that he or she is infected with HIV and who fails to take necessary and sufficient precautions to protect his or her partner(s) shall be liable to the criminal penalties provided for by the laws in force.”

The following are prohibited and punishable by law:

All forms of sexual violence, female genital mutilation

Castration

Intentional transmission of HIV/AIDS

Sexual exploitation in all its forms

Misleading advertising of contraceptive methods

Dissemination of images and messages that may harm reproductive health or are contrary to the precepts of the sharia

G.Right to education (arts. 13 and 14)

Reply to paragraphs 27–29 of the list of issues

89.In the field of education, the Government has launched a project to build a republican school system, through the following measures:

Adoption of a decree by the Council of Ministers on 16 November 2022 to institute and celebrate 30 October as the National Day of the Republican School; this decree establishes 30 October each year as the National Day of the Republican School, to be celebrated annually throughout the country, in all wilayas and moughataas; the ceremonies commemorating this national day will be an opportunity to honour the personalities and institutions that have contributed to the success of the republican school system and its continued existence

Promotion of high quality pedagogical support

Establishment of a public administrative body called the National Authority for the Evaluation and Monitoring of the Quality of Basic and Secondary Education

Creation of two new pedagogical support centres for secondary education, and reinforcement of the material and financial resources allocated for this purpose, including through the acquisition of 41 vehicles for regional directorates, inspectorates and teacher training colleges

In 2022, setting up of 750 new school management committees, bringing the total number to over 1,400 nationwide, with the aim of involving recipients of school services in their management and protection

Decentralization of the management of certain examinations; the examination for the certificate of completion of the first stage of secondary education and the entrance examination for the first year of secondary school were successfully decentralized for the first time in 2021–2022

90.Efforts have been made at all levels of education. With regard to basic and secondary education, the following measures should be highlighted:

Development of broader access to the foundations of the system, with the main achievements in this area in the period 2019–2022 including:

Completion and handover of 1,400 classrooms, and the start of work on a further 1,200

Rehabilitation of around 100 establishments, including 28 in Nouakchott, which will be enlarged and restored with special measures to protect them against flooding

Recruitment of 8,040 teachers (compared with the 6,000 initially planned over the three-year period)

Support for the school meals programme benefiting 190,000 pupils, mainly from impoverished families, in 370 schools nationwide, in addition to a deworming campaign that reached 69,840 pupils

Establishment of a programme to distribute school uniforms to 150 schools

Provision of an annual grant to 362 basic and secondary schools

Improvement of teachers’ working conditions through an increase in salaries of 30 per cent and, since January 2021, of compensation for 27,000 teachers through a 150 per cent increase in the distance allowance, payment of the classroom allowance over 12 months, instead of 9 months, and extension of the allowance to heads of basic and secondary schools

91.Efforts to enhance the quality and internal efficiency of basic education have focused in particular on:

In-service training for 9,000 teachers

Conduct of three teacher evaluations

Printing and distribution of over 1,600,000 textbooks

92.The achievements made at these levels of education have had a positive impact on the development of the education sector. For example, the net enrolment ratio at the primary level has risen from 77 per cent in 2018/19 to 79 per cent in 2021/22, and the success rate in competitive examinations stands at 55 per cent in 2021/22, compared with 47.3 per cent in 2018/19, an increase of almost 8 percentage points.

Selected school indicators

	2018 – 2019	2021 – 2022
Net enrolment ratio (%)	77	79
Success rate in competitive examinations (%)	47.3	55

93.The management and governance of basic and secondary education have been improved, through:

Adoption of the Framework Act on the National Education System

Setting up the National Education Council

Reorganization of teacher training colleges and reform of the status of teachers with the introduction of the grade of senior teacher

Incorporation of the various tools of the workforce information and management system (SIGE) to optimize human resources management

Establishment of more than 750 school management committees

Setting up of “school projects” aimed at increasing professionalism and improving performance

Auditing of the book distribution chain

94.These achievements would not have been possible without a sustained budgetary effort. Within this framework, and in line with the commitments of the President of the Republic, the budget executed by the Department of National Education has increased significantly, from 5.2 billion ouguiyas in 2019 to 6.8 billion ouguiyas in 2021, despite the budgetary constraints and the slowdown in economic growth following the COVID-19 pandemic.

H.Cultural rights (art. 15)

Reply to the issues raised in paragraph 30 of the list of issues

95.On the occasion of the National Day of the Republican School, the Government is launching the teaching of national languages (Pulaar, Soninke and Wolof) from the next school year, on an experimental basis in educational establishments, to those who do not speak them, in order to consolidate the complementarity between national languages and the official language.

96.The Institute for the Promotion of National Languages is currently working to establish the necessary conditions and to train teachers to be able to start teaching national languages within the time frame set out in the Framework Act. A training workshop for national language teachers was launched on 16 November 2023.