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Mauritania

Executive Summary

Mauritania is an Islamic Republic with a president as head of state and a constitution grounded in French civil law and sharia. The National Assembly exercises legislative functions but was weak relative to the executive. Voters elect the president, deputies to the National Assembly, municipal mayors, and regional councilors. In 2019 voters elected former minister of defense Mohamed Ould Cheikh El Ghazouani as president with 52 percent of the vote. The election marked the first democratic transition of power between two elected presidents since the country’s independence in 1960. United Nations and African Union observers considered the election to be relatively free and fair. In the 2018 parliamentary elections, the Union for the Republic, the political party founded by former president Mohamed Ould Abdel Aziz, won 95 of 157 seats in the National Assembly.

The National Police, which is responsible for enforcing the law and maintaining order in urban areas, reports to the Ministry of Interior. The National Guard performs a limited police function in keeping with its peacetime role as the guarantor of physical security at government facilities, including prisons. The National Guard reports to the Ministry of the Interior. Regional authorities may call upon the National Guard to restore civil order during riots and other large-scale disturbances. The gendarmerie, a specialized paramilitary organization under the authority of the Ministry of Defense, is responsible for maintaining civil order around metropolitan areas and providing law enforcement services in rural areas. The Ministry of Interior’s General Group for Road Safety maintains security on roads and operates checkpoints throughout the country. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: harsh and life-threatening prison conditions; arbitrary arrests; serious restrictions on free expression and media, including criminal blasphemy laws; serious government corruption; lack of investigation and accountability for gender-based violence; trafficking in persons, including continued existence of slavery and slavery-related practices; crimes involving violence against lesbian, gay, bisexual, transgender, queer, or intersex persons; existence of laws criminalizing consensual same-sex sexual conduct between adults; and existence of some of the worst forms of child labor.

The government took steps to identify, investigate, and punish officials who committed abuses and prosecuted some abusers, but some officials frequently acted with impunity. Civil society organizations objected to the scant number of indictments handed down by authorities. The government also continued to take steps to investigate, prosecute, and punish officials involved in corruption.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Voters elected former minister of defense Mohamed Ould Cheikh El Ghazouani as president with 52 percent of the vote in the 2019 presidential election. Prominent antislavery activist and politician Biram Dah Abeid placed second with 19 percent of the vote, while Mohamed Ould Boubacar, a former prime minister backed by the Islamist party, placed third with 17 percent. Observers from the United Nations and African Union judged the election to be relatively free and fair, with no evidence of large-scale fraud that could have materially influenced the outcome of the vote. The presidential elections represented the first transition of power from one democratically elected leader to another since the country’s independence in 1960.

In 2018 the party founded by the former president, the Union for the Republic, won 95 of 157 seats in the National Assembly in legislative elections, which the African Union judged to be relatively free and fair.

Political Parties and Political Participation: There are some restrictions on the ability of political parties to register. By decree all political parties must be able to gain at least 1 percent of votes in two consecutive elections in order to continue to operate legally and receive government funding, and this decree continued to limit the overall number of political parties that can participate. The government did not approve registration for previously denied activist parties, including the Forces of Progressive Change. The government took some steps to address the ethnic disparity in political leadership. Under the previous regime, the Beydane elite (“White Moor” Arabs) accounted for at most 30 percent of the population but occupied approximately 80 percent of government leadership positions; Haratines constituted at least 45 percent of the population but held fewer than 10 percent of the positions; and the various sub-Saharan ethnic groups (Halpulaar, Soninke, and Wolof) constituted an estimated 25 percent of the population and accounted for fewer than 10 percent of leadership positions. Of the 27 ministers in the sitting cabinet, 18 percent come from a Haratine ethnic background, and 18 percent come from a sub-Saharan ethnic background. Unlike in previous governments, the existing cabinet was largely made up of technocrats.

Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, and they did participate. Traditional and cultural factors restricted women from participating in political life on an equal basis with men. Despite laws promoting women’s access to elective positions (including a quota of 20 percent of seats reserved for women on lists of candidates in legislative and local elections), the number of women in electoral politics remained low. Following the 2018 legislative elections, women held 19.6 percent of seats in the 157-member National Assembly, compared with the 2014 election results in which women held 22 percent of seats. Five women were named to the new cabinet: one from the non-Arab sub-Saharan ethnic community, none from the Haratine ethnic community, and four from the Beydane (“White Moor”) ethnic community. Traditional and cultural factors also prevented persons with disabilities and lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons from participating in political life on the same basis as nonminority citizens.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape of women is illegal. The law does not address rape of men. Rapists who are single men face penalties of imprisonment, forced labor, and whipping; married rapists are subject to the death penalty, although this penalty was last enforced in 1987. The government increasingly enforced prison sentences for convicted rapists, but prosecution remained provisional. Nevertheless, as in years past, wealthy rape suspects reportedly avoided prosecution or, if prosecuted, avoided prison. It was common for the families of rape survivors to reach an agreement with the perpetrator in the form of monetary compensation.

Rape survivors were discouraged from reporting the crime because they themselves could be jailed for having intercourse outside of marriage. Reliable data on gender-based violence remained sparse, and the situation of children and women who were victims of abuse was poorly documented. The subject remained taboo due to social mores and traditional norms, which often called for survivors to be rejected by their family and society. On June 17, three men allegedly raped a mother and her two daughters in Nouakchott. Police arrested the three suspects, and they remained in pretrial detention at year’s end.

Spousal abuse and domestic violence are illegal, but there are no specific penalties for domestic violence. The government did not enforce the law effectively, and convictions were rare.

Police and the judiciary occasionally intervened in domestic abuse cases, but women rarely sought legal redress, relying instead on family, NGOs, and community leaders to resolve their domestic disputes. NGOs reported that, in certain cases, they sought police assistance to protect survivors of domestic violence, but police declined to investigate.

Female Genital Mutilation/Cutting (FGM/C): The law states that any act or attempt to damage a girl’s sexual organs is punishable by imprisonment and a monetary fine. Authorities seldom applied the law due to lack of awareness regarding the ordinance in the law that bans the practice and traditional and religious beliefs supporting the practice. According to a 2015 UNICEF study, 67 percent of women ages 15 to 49 had undergone FGM/C, and the study found that in certain regions the prevalence was higher than 90 percent. On February 6, Minister of Social Affairs Naha Mint Cheikh Sidya stated the rate had fallen to 53 percent for girls younger than 14.

The Ministry of Social Affairs, Childhood, and Family continued to track the more than 2,000 traditional health providers who publicly abandoned the practice of FGM/C to ensure that the providers would not start the practice again.

Other Harmful Traditional Practices: Traditional forms of mistreatment of women continued to decline. One of these was the forced feeding of adolescent girls prior to marriage, practiced by some Beydane families and known as gavage. The practice forced some girls to eat up to 16,000 calories a day for two months, with refusals to eat often accompanied by physical punishments from family members.

Sexual Harassment: There are no laws against sexual harassment. Women’s NGOs reported that sexual harassment was a common problem in the workplace.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. According to NGOs, doctors continued to perform so-called virginity tests, particularly in cases of rape and sexual violence.

According to the law, married couples have the right to decide the number, spacing, and timing of their children. Single pregnant woman, however, do not enjoy the same freedoms, since the law criminalizes sexual relations outside of marriage.

Social and cultural barriers significantly limited access to contraception, including misinformation that contraception causes cancerous diseases, death, or infertility. Contraceptives were not widely available in health centers, and some religious fatwas forbid the use of contraception without the husband’s permission. For unmarried women, stigma impeded access to contraception. The proportion of women of reproductive age whose need for family planning was satisfied with modern methods was 35 percent, and the contraceptive prevalence rate for women ages 15-49, with any method, was 12 percent.

According to the law, women have the right to a childbirth assisted by qualified health personnel, but many women lacked access to those services. Social stigmas and conservative sociocultural factors limited access to information and health services, particularly for adolescents.

The government provided limited access to sexual and reproductive health services for survivors of sexual violence. A unit in the Maternity and Child Center in Nouakchott treated female victims of sexual violence. This unit also gave women emergency contraception to prevent pregnancy after cases of rape. Access to these services was uncommon outside of Nouakchott, and even when services were available, women were often discouraged by their immediate family from seeking assistance after incidents of sexual violence.

In 2017 the World Health Organization (WHO) estimated the maternal mortality rate to be 766 per 100,000 live births. The high maternal mortality rate was due to a lack of medical equipment, few programs promoting prenatal care for mothers, births without the assistance of health professionals, poor sanitation, malnutrition, and high rates of adolescent pregnancy. FGM/C was a significant problem and contributed to maternal morbidity. (See the Female Genital Mutilation/Cutting (FGM/C) subsection for additional information.) The WHO estimated the adolescent (females ages 15-19) birth rate to be 84 per 1,000.

Girls’ access to education was affected by pregnancy and motherhood status, since many girls who became pregnant dropped out of school to care for their child.

Discrimination: Women have legal rights to property and child custody, and the more educated and urbanized women were more likely to enjoy these rights. Nevertheless, women in general had fewer legal rights than men.

Additionally, women faced other forms of legal discrimination. According to sharia as applied in the country, the testimony of two women was required to equal that of one man. The courts granted only one-half as large an indemnity to the family of a female victim as that accorded to the family of a male victim. The personal status code provides a framework for the consistent application of secular law and sharia-based family law, but judicial officials did not always respect it. There are legal restrictions on women’s employment, including limitations on working in occupations deemed dangerous and certain industries including mining and construction.

Systemic Racial or Ethnic Violence and Discrimination

The law provides that all citizens, regardless of race or ethnicity, are equal. Nevertheless, Haratines (the “Black Moors” and former slave caste) and sub-Saharans often faced discrimination from the country’s Beydane community. Police often tolerated discrimination towards the Haratines and sub-Saharans since the security services were largely controlled by Beydane.

Haratine and sub-Saharan ethnic groups faced governmental discrimination while the Beydane ethnic group received governmental preference. For example, individuals living across the border in Western Sahara (who are of Beydane ethnicity) easily obtained national identity cards required to vote, although they were not legally qualified to do so because they were not citizens. Meanwhile, Haratine (Arab slave descendants) and sub-Saharan (non-Arab) citizens often had great difficulty obtaining national identity documents.

Racial and cultural tension and discrimination also arose from the geographic, linguistic, and cultural divides between Moors (Beydane and Haratine) – who while historically representing a mix of Berber, Arab, and sub-Saharan Africans, today largely identify culturally and linguistically as Arab – and the sub-Saharan non-Arab minorities. Historically, the Beydane (“White Moors”) enslaved the Haratine population (“Black Moors”); some hereditary slavery continued, and Haratines continued to suffer from the legacy of centuries of slavery (see section 7.b.). Beydane tribes and clans dominated positions in government and business far beyond their proportion of the population. As a group, the Haratines remained politically and economically weaker than the Beydane, although they represented the largest ethnocultural group in the country. The various sub-Saharan ethnic groups, along with the Haratines, remained underrepresented in leadership positions in government, industry, and the military (see section 3). President Ghazouani increased the number of Haratines and sub-Saharans in leadership positions, most notably by appointing a Haratine as prime minister.

From June through September, the Union for the Republic, the country’s ruling political party, held a series of workshops and debates throughout the country to address the issue of national cohesion and slavery. The workshops marked the first time that the ruling party began to openly discuss ways to overcome some of the country’s racial and cultural tensions.

The government took steps to mitigate the economic factors that contributed to the problem. For example, the General Delegation for National Solidarity and the Fight against Exclusion, or Taazour, was created in 2019 to intensify government efforts to combat slavery and address the social and economic conditions that left many citizens vulnerable to forced labor. With a budget of 20 billion ouguiyas ($541 million) through 2024, Taazour was implementing projects to improve living conditions and provide skills to members of historically marginalized communities. The institution had the authority to coordinate projects of other government agencies in order to maximize their impact. Taazour had an agreement with the CNDH to facilitate efforts by beneficiaries of Taazour projects to seek redress for any abuse of their civil rights.

Children

Birth Registration: By law a person derives citizenship from one’s father. One can derive citizenship from one’s mother under either of the following conditions: if the mother is a citizen and the father’s nationality is unknown or he is stateless, or if the child was born in the country to a citizen mother and the child repudiates the father’s nationality a year before reaching majority. Children born abroad to citizen mothers and foreign men can acquire citizenship one year before reaching the majority age of 18. Minor children of parents who are naturalized citizens are also eligible for citizenship.

The process of registering a child and subsequently receiving a birth certificate was reportedly difficult. Failure to register could result in denial of some public services, such as education.

Education: The law mandates six years of school attendance for all children, but the law was not effectively enforced. Many children, particularly girls, did not attend school for the mandatory six years. Children of lower castes from both Haratine and sub-Saharan families often did not receive any formal education.

Child Abuse: There are laws against child abuse, although authorities rarely applied them. Authorities also rarely investigated allegations of child abuse in homes or schools.

Child, Early, and Forced Marriage: The legal marriage age is 18, but authorities rarely enforced the law, and child marriage was widespread. Since consensual sex outside of marriage is illegal, a legal guardian can ask local authorities to permit a girl younger than 18 to marry. Local authorities frequently granted permission. The government continued to work with UNICEF to implement a program to combat child marriage through a series of judicial and political reforms.

In 2017, according to UNICEF, 37 percent of girls were married before the age of 18, and 18 percent were married before the age of 15.

Sexual Exploitation of Children: The law prohibits sexual relations with a child younger than 18, with penalties of six months to two years in prison and a fine. Possession of child pornography is illegal, with penalties of two months to one year in prison and a fine. Commercial sexual exploitation of children is illegal. NGOs asserted the laws were not properly enforced.

Displaced Children: According to a 2019 statement by the minister of social affairs, there were more than 16,000 children who needed protection, including displaced children.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

A very small number of foreign residents practiced Judaism. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

Persons with disabilities generally did not have access to education, health services, public buildings, and transportation on an equal basis with others. The law provides for access to information and communication, and to existing public buildings through retrofitting and future buildings through amendments to the building code. Authorities did not enforce the law.

There were no confirmed reports of violence, harassment, intimidation, or other abuses against persons with disabilities during the year.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. Although the law prohibits discrimination against persons with disabilities, private discrimination in employment and occupation, housing, and health case was common. Children with disabilities attended school through secondary education at a significantly lower rate than other children.

HIV and AIDS Social Stigma

Persons with HIV and AIDS were often isolated due to societal taboos and prejudice associated with the disease but were gradually becoming more accepted within society and by the government. These individuals were increasingly consulted to help implement state programs to combat infectious disease, including HIV and AIDS, malaria, and tuberculosis.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ persons were reportedly harassed and were subject to violence from the National Police, the general Group for Road Safety, neighbors, and family members. On October 21, a video circulated on WhatsApp showing several road safety police harassing a transgender person. During the video, which appeared to be filmed by one of the officers, police began stripping the person, and officers can be heard saying they were going to investigate the woman’s “fake breasts.” There were no reports that authorities launched an investigation into the incident.

No laws protect LGBTQI+ persons from discrimination. Under sharia as applied in the country, consensual same-sex sexual conduct between men is punishable by death if witnessed by four individuals, and such conduct between women is punishable by three months to two years in prison and a token monetary fine. The government did not actively enforce these measures. The LGBTQI+ community was rarely identified or discussed, which observers attributed to the severity of the stigma and the legal penalties attached to such labels.

According to the latest report by the LGBTQI+ Nouakchott Solidarity Association from 2017, the rights of LGBTQI+ persons were not recognized and therefore not protected. LGBTQI+ persons lived in perpetual fear of being expelled from their families, had difficulty finding employment, and were rejected by society in general. As a result they did not attend or participate in public activities due to fears of retribution and violence.

Similar to other minority groups, the law protects persons with albinism from discrimination, but authorities did not enforce the law. Persons with albinism were reportedly discriminated against in the workplace, and employers tended not to hire persons with albinism. This practice was particularly prevalent in the service and restaurant industry.

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