Country Report on Human Rights Practices for 1985
Mauritania
Mauritania is governed by the Military Committee for National
Salvation, established in the wake of a bloodless 1978 coup
which removed the civilian president and abolished the
parliamentary system established at independence in 1960.
Colonel Maaouya oul Sid' Ahmed Taya, in his role as President
of the Committee, is Chief of State. He assumed power after
the peaceful ouster of the former president, Lt . Colonel
Mohamed Khouna Ould Haidalla, on December 12, 1984. All 21
members of the Military Committee retain ministerial
portfolios or occupy other key government posts. Prospects
for an early return to civilian rule appear remote; the
military remains the "custodian of the nation's sovereignty."
All political parties and opposition groups are banned. In
the absence of any formalized means of communication between
the Government and the people, the Structure for the Education
of the Masses was created in 1982 on a nationwide basis.
Organized down to the village and neighborhood level, it is
used to explain government policy, mobilize manpower for
self-help projects, and air grievances. The exercise of state
power is tempered by traditions of informal consensual
decisionmaking and the historical fragmentation of authority
among various tribes, families, and regions.
The country continues to face daunting economic and social
problems: desertification and other aftereffects of prolonged
drought; the Western Sahara conflict; racial tensions; massive
unemployment; the highest per capita debt in Africa; poor
infrastructure; inadequate health and education systems; and a
mass exodus from the rural areas. Although adequate rains
fell in 1985 for the first time in many years, the 13-year
drought destroyed much of the agricultural and animal
husbandry resources and severely weakened the nomadic culture
of the Maurs. The gradual disappearance of traditional
culture and ancient religious centers has generated a sense of
crisis, and the explosive growth of urban refugee camps has
placed enormous burdens on the State.
The advent of the Taya regime brought some improvements in
1985 in the human rights situation. In late 1984, the new
regime released and pardoned all political prisoners and
detainees and invited exiles to return to Mauritania. The
Government also decided to restore the property and pension
rights of families of released detainees. President Taya has
deepened the dialogue with blacks, focusing on efforts to
eradicate the remnants of slavery which have survived three
attempts at abolition.
RESPECT FOR HIMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There have been no reports in 1985 of politically motivated
killings.
b. Disappearance
There were no cases of politically inspired disappearances
during 1985.
c. Torture and Cruel, Inhuman, or Degrading Treatment
or Punishment
Mauritanian law prohibits the use of torture, and there is no
evidence that it was practiced in 1985. However, extended
confinement is sometimes used to encourage
self-incrimination. Some political prisoners released in late
1984 charged that they had been tortured under the previous
Haidalla regime. Amnesty International, in its 1985 report
(covering 1984), states that the secretaries general of the
labor and student organizations were held incommunicado with
other detainees, many of whom were reportedly tortured shortly
after their arrest by being suspended by their hands and feet
and beaten with rifle butts and clubs.
d. Arbitrary Arrest, Detention, or Exile
Mauritanian law guarantees expeditious arraignment and trial,
access to legal counsel, and the right of appeal. However, an
inadequate and underfinanced judicial system results in
suspects being held regularly for long periods before trial.
Moreover, based on legislation enacted before the 1978 coup,
the authorities have the prerogative to detain, without trial
or appeal, anyone judged to be a threat to national security.
Such detainees are usually confined to their residences but
can also be detained in prisons, which exist in both
Nouakchott and Jereida for the more serious cases.
As many as eight government officials and businessmen closely
associated with former President Haidalla were detained along
with him at the time of the coup in 1984. These men are still
under house arrest or in prison and no formal charges have
been brought against them. There were no arbitrary arrests or
detentions reported in 1985.
Although the Government remains opposed to slavery and has
established a commission to implement abolition decrees,
vestiges of the practice still exist. In the spring of 1985,
the United Nations Subcommission on Human Rights released a
report on slavery in Mauritania, based on a 1984 visit by a
Commission representative. The report criticized the
continued existence of slavery, especially in rural areas, but
acknowledged the Government's intent to stamp it out. Efforts
to implement Mauritania's 1980 Declaration of the Abolition of
Slavery have been limited and only partially effective. Some
government-sponsored resettlement programs for former slaves
have been implemented. Estimates of the number of persons
remaining in a slave status run as high as 100,000, although
such figures are impossible to verify. The institution
persists largely in southern Mauritania, where it originated
in historic conflicts between nomadic Maurs and sedentary
blacks. The drought has had a tremendous impact on slavery,
causing many Maurs to release their slaves as, under
deteriorating economic conditions, they could no longer meet
the costs of slave-holding. Slavery in Mauritania is not
identifiable with the chattel servitude of the American
historical experience. There is no commercial market for
slaves, and the large class of freed slaves and their
descendants is regulated by complex social obligations.
e. Denial of Fair Public Trial
Former President Haidalla released a number of political
prisoners shortly before his ouster. President Taya, in late
1984, released and pardoned all remaining political prisoners;
those whose goods were confiscated at the time of their
detention had their belongings restored by the Government.
Although President Taya also invited all exiles to return home
to Mauritania, only small numbers have done so.
The Shari'a Islamic Code, as instituted in Mauritania in 1980,
covers adultery, theft of personal property, and murder. A
Muslim judge presides over a jury chosen by the governor of
the region. The defendant has a right to counsel and can
appeal a guilty verdict to the Supreme Islamic Court within 15
days. Circumstantial evidence cannot be admitted as proof of
guilt. Admission of guilt is sometimes obtained in the
context of a promised reduction in punishment. An inability
to convince the sitting magistrate that the Government's
charges are in error is in itself considered by the courts as
a legal admission of guilt, as is the convincing testimony of
a firsthand witness or codefendant. All sentences must be
approved by the President. Opposition to the Shari'a Code has
been expressed most often by blacks and women, who believe
that the Shari'a Code favors the Maur way of life and limits
the role of women. Although a strict interpretation of the
Shari'a in earlier years produced communal tension, the issue
has largely passed from public debate due to a more moderate
government implementation.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Government interference in private affairs, save in instances
where treason is suspected, is limited. Reflecting the
nomadic penchant for privacy and the sanctity of confidences,
a lack of sophisticated equipment to undertake surveillance,
and the isolation of various parts of the country from one
another, the Government limits its surveillance to patrols on
major highways, occasional nighttime inspections of vehicular
traffic, and inspection of mail suspected of containing
currency or prohibited items. Under the Haidalla regime, some
individuals who were believed not to support the regime were
interrogated by the security agencies. This practice appears
to have diminished or ended under the Taya regime.
Section 2 Respect for Civil Rights, Including:
a. Freedom of Speech and Press
The freedoms of speech and press are restricted. Mauritania's
only newspaper, news agency, and radio/television station are
government-operated. The Government does not permit criticism
of its policies or authority, and editorial content of the
media is controlled. International news magazines and
newspapers generally circulate freely in Mauritania.
Shortwave broadcasts and Senegalese television are followed
openly.
Association with foreigners and the free expression of
opinions are not discouraged, although most Mauritanians are
careful not to propagate ant i government opinions. Private
discussion is lively in family and clan networks which act as
vehicles for communicating complaints and airing dissent, as
do the Structures for the Education of the Masses. The
nomadic tradition also provides for candid expressions of
concern to the leadership. In practice, the Government
appears to concern itself largely with activities directly
related to the destabilization or overthrow of the military
Government ,
b. Freedom of Peaceful Assembly and Association
Freedom of assembly has been suspended since 1978 when
civilian rule was ended by a military coup. The Government
enforces strictly its prohibition of public meetings
addressing political themes.
Labor unions were the only nationwide organizations with any
political import that were not dissolved following the 1978
coup. Labor unions are grouped in a national organization
called the Mauritanian Workers Union (UTM) . In 1984, the
Government arrested the Secretary General of the UTM, as well
as the Secretary General of the politically active (since
1981) of the National Student Union, for allegedly possessing
material indicating active Libyan involvement in their
activities. The Government then installed an entirely new
leadership at the Mauritanian Workers Union, and student union
activities were "frozen." Later in 1984, former President
Haidalla released these two leaders, who shortly thereafter
resumed their former positions. In the case of the
Mauritanian Workers Union, this led to an acrimonious split
within union ranks which continues to paralyze the
organization.
The Mauritanian Workers Union is allowed a large measure of
freedom in its organizational efforts. The union is
associated with a number of regional and international labor
organizations, and its officials are permitted to travel
abroad to attend international labor meetings. Within the
confines of Mauritania's basic foreign policies, union
officials are free to take positions on international labor
matters. Unions are recognized only when they register with
the official body and accept an appointed director general.
Local union officials claim that their membership has reached
30,000 members. Union membership is not universal; workers
must pay an annual membership fee of $4.00, but the Government
indirectly finances most union activities. The right to
strike exists in theory, but an extended strike would probably
be strongly opposed by the Government. There have been two
brief strikes in recent years.
c. Freedom of Religion
Islam is the official religion of Mauritania and the country's
official name is the Islamic Republic of Mauritania.
Virtually all citizens are Muslim. Proselytizing and the
construction of churches and other non-Islamic houses of
worship are prohibited without government permission.
Mauritania's small Roman Catholic community has been granted
permission in several instances to build churches. A number
of Catholic churches operate freely. There are no
restrictions on personal religious expression, but Mauritanian
Muslims are prohibited from entering non-Islamic houses of
worship. There is no religious discrimination in employment.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on movement within the country,
although travelers are frequently subjected to routine police
checks. Temporary curfews have been imposed several times
during emergency situations, most recently following the 1984
"restructuring" of the Military Committee for National
Salvation. In 1985, the Governinent ended the requirement that
Mauritanians must have an exit visa before traveling abroad.
A few Mauritanian officials have left the country because of
political opposition to the Governinent. The Western Sahara
conflict has led to a small immigration of refugees into
Nouadhibou and other northern towns, but there are no
acknowledged political refugees in Mauritania.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right of citizens to change their government has not
existed since 1978, when Mauritania's military ended all
democratic procedures and abolished the country's sole
political party. At the present time, there are no
parliamentary bodies, and opposition groups and political
parties are prohibited.
The Structure for the Education of the Masses, which was begun
by the Governinent in 1982, functions in some respects as a
party organization, and some observers believe that it may
eventually evolve into a political party. The Movement has
emphasized mobilization of manpower for community projects,
explanation of government policies, and raising public
awareness of means for combatting drought and its collateral
effects. In the wake of the 1984 coup, the Governinent decided
to give greater attention to leadership of the Structure for
the Education of the Masses since local leaders were sometimes
presenting viewpoints different from the official government
position. On a regional level it is always headed by a member
of the Military Committee for National Salvation (CMSN), but
local officials tend to be prominent businessmen or tribal
leaders .
The black population is represented at all levels of the
Government but underrepresented in terms of its proportion of
the population. Many blacks believe that they already
constitute a majority of the population, and that Maur
domination in government and religious institutions is a
result of discrimination. The same situation prevails in the
key state-owned enterprises and among larger private sector
firms. The Government insists that a substantial majority of
the population is Maur and that a sizable segment of the black
population considers itself to be Maur since its mother tongue
is Hassaniya Arabic and it shares Maur cultural traditions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is sensitive to criticism on human rights and
has been cooperative with the U.N. Human Rights
Subcommission' s working group on slavery, including with the
Commission's representative during his 1984 visit. There has
been, however, no official response to the Subcommission ' s
report, which was released in 1985. The Government is also
aware of the continuing Amnesty International concerns over a
number of human rights issues, but considered that the
majority of the specific charges were based on
misinformation. There are no human rights organizations based
in Mauritania. Amnesty International's 1985 report noted that
all but three of the prisoners of conscience had been released
by the end of 1984, (The others have since been released.)
Freedom House rates Mauritania "not free."
ECONOMIC, SOCIAL, AND CULTURAL SITUATION
Mauritania's population is estimated at 1.6 million, with an
annual growth rate of 2 percent. On a per capita basis,
Mauritania falls within the middle group of developing nations
(1984 - $480), but this figure conceals wide differences
between the modern, internationally oriented mining and
fisheries sectors and the very underdeveloped subsistence
livestock and agricultural sector in which the majority of the
population is engaged.
During recent years, Mauritanian food production has declined
sharply as a result of the drought; an estimated 15 percent of
cereal needs and 7 percent of overall food requirements are
met through local production. In the fall of 1985, rainfall
was adequate throughout the country for the first time in
several years, and forecasts for the 1985-86 agricultural
season call for greatly increased production. Even if the
most optimistic predictions are realized, however, Mauritania
will remain heavily dependent on food aid for the foreseeable
future. Several years of consistent rains will be needed
before it is clear whether the enormous ecological damage from
the drought can be overcome. In the meantime, the
Government's position is complicated by the need to implement
an adjustment program in the near term to deal with serious
fiscal and balance of payments problems, as well as to carry
out a series of policy and institutional reforms in the medium
term in an effort to increase productivity. Unemployment is
estimated in Mauritania at 50 percent. It is probably even
higher in the urban shantytowns . Many Mauritanian workers go
abroad for work, but Mauritania also receives substantial
numbers of workers from the neighboring countries.
A collateral effect of the drought has been the near
destruction of traditional nomadic cultures, as hundreds of
thousands of former desert dwellers came to the cities in
search of food and assistance. Although this concentration of
population allowed the Government and donors to distribute
food relatively easily to much of the endangered population
and thereby avert a famine, it has also created severe strains
on the social fabric. Nouakchott, built for 30,000 people,
now has more than 500,000 inhabitants.
The Government is able to provide only minimal assistance in
such basic areas as sanitation, education, employment, health
care, social services, and economic opportunity. The average
life span at birth is 47 years and thought to be declining as
a result of drought-induced malnutrition and disease. Infant
mortality rates in 1984 were 136 per 1,000 live births. The
literacy rate is estimated at 17 percent. About 36 percent of
eligible children attend primary school (46 percent male, 26
percent female) .
No child may be employed in Mauritania before the age of 14
without the express permission of the Minister of Labor and
the National Labor Council. The standard minimum age of
employment in nonagr icultural enterprises is 15 years. The
Labor Code does not address conditions of employment for
family members in agriculture or animal husbandry, which is
largely outside the cash economy. Although there are no
figures available, the use of child labor (except in the
family-owned agricultural sector) is not thought to be
widespread due to massive unemployment among adult males.
There is a guaranteed minimum wage, established in 1985 for
unskilled workers and for agricultural workers and in 1984 for
skilled workers. Information on actual wage levels is scanty
and often unreliable.
The standard nonagricultural workweek in Mauritania is not to
exceed 40 hours, nor 6 days per week. Enforcement of labor
laws is the responsibility of the Labor Inspectorate, Ministry
of Labor. Disputes over labor issues are heard before special
three-person labor courts which are jointly overseen by the
Ministries of Justice and Labor. The leadership of the
National Labor Union indicates that the courts are unbiased
and effective.
Although Mauritanian women are legally free to participate
fully in governmental affairs and private business,
traditional values and practices limit the scope of
activities. A number of women have risen to important
positions in the fields of health and education or hold
midlevel government positions; however, the number is small
and the possibilities for advancement are slight.
Strong racial tensions, present throughout the society, have
been consistently reflected in the schools. An attempt to
enforce the use of Arabic in all schools was abandoned due to
strong opposition by blacks, who traditionally prefer the use
of French and their tribal tongues. A major shift in
government policy is being considered that would eventually
replace French as a medium of instruction and allow students
to choose between Arabic and one of the three African
languages spoken in Mauritania.
