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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Mauritania - 9th Session - 2010
10th November: 2.30pm to 5.30pm
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National Report
Compilation of UN information
Summary of Stakeholder information
Accepted and rejected recommendations
48. In order to prevent and penalize trafficking in women and children, the Government took the following measures:
• Adoption of Order No. 2005-015 of 5 December 2005 on defence of children in criminal matters
• Establishment of investigating magistrates and criminal chambers for children
• Adoption and implementation of the National Strategy for Protection of Young Children in 2009
• Establishment of a special police force in 2006 to combat offences against minors
• Adoption of Act No. 2003-025 penalizing human trafficking
• Adoption of Act No. 2007-048 criminalizing slavery and penalizing slavery-like practice.
79. The Strategy for Integrated Treatment of Childhood Disease (PECIME) is one of the approaches used to reduce infant mortality. The PECIME national strategic plan is now being piloted in three regions of the country, each with 50% coverage.
84. Mauritania has taken significant steps in the field of education in recent years. In 1999, it began a major structural reform of its education system, bolstered by the implementation between 2002 and 2010 of the National Programme for Educational Development.
85. The programme’s principal aim has been to build a coherent educational development framework for the entire system, from preschool to higher education.
86. The programme has brought about significant gains in terms of access and equity. The primary school attendance rate in rural and peri-urban areas is approximately 92%, one of the highest in Africa. Efforts to develop local schools and campaigns to draw attention to and disseminate legal texts, especially those relating to compulsory education, have been undertaken to guarantee access to and universal coverage of high-quality basic education.
87. Pursuant to its international commitments, Mauritania has made education compulsory by law. Act No. 2001-054, under which education is compulsory for children from 6 to 14 years of age, also penalizes parents who contravene it. That law reflects the Government’s desire to protect the rights of children and to promote their access to education.
88. Mauritania ratified the Convention on the Rights of the Child on 8 April 1991 and has initiated a number of programmes and projects to bolster child welfare, including elaboration of a national child welfare strategy and a national early childhood development policy, establishment of a National Council on Children and reinforcement of legal protection for children.
89. To involve civil society in the process of raising awareness about the rights of the child, the Government has created, in cooperation with various associations, a number of thematic groups including:
• The parliamentary group on childhood
• Imams and ulemas in defence of the rights of the child
• The journalists’ association to defend the rights of the child
• The network of religious leaders, traditional leaders, physicians and journalists for child development and survival
• The mayors’ network for promotion of the rights of the child
90. During the period 2006–2010, public authorities worked to improve the overall framework for childhood development and to define strategic guidelines for the protection and promotion of the rights of the child. The significant steps taken to that end resulted in improved preschool education coverage for all types of education and care, rising from 5% in 2005 to 7% in 2009.
91. Those efforts were supplemented by the adoption in 2006 of a national early childhood development plan, which involved:
(a) Construction and fitting out of premises for the Early Childhood TrainingCentre;
(b) Recruitment and training of trainers;
(c) Construction, renovation and fitting out of regional early childhood resource centres;
(d) Preparation of a national preschool education programme adapted to the needs of the Mauritanian child.
92. The Government has also implemented a strategy for changing eating behaviour, based on campaigns at the local level aimed at children under five, and pregnant and breastfeeding women. Each month 18,500 children are seen for nutritional follow-up at 193 local nutrition centres. In 2008, the Government drew up and adopted a national child survival strategy, now being followed in 16 of the country’s 54 moughataas, and implemented through several programmes which include combating childhood malnutrition, disease immunization, combating malaria, promoting breastfeeding and encouraging sound eating and health practices.
93. Protection of children in difficulty or victims of mistreatment was reinforced in 2007 by the establishment of a centre for child protection and social integration.
94. The centre now provides supervision and care for children in difficulty and has been able to integrate children lacking a family structure or who have totally or partially broken off relations with their family.
95. Several regional platforms for concerted action on protecting children’s rights have been established.
96. As part of its child protection efforts, the Government has, in cooperation with the United Arab Emirates and UNICEF, set up a programme to integrate former child jockeys into society.
97. In the health field, the results of the National Action Plan against HIV/AIDS, which covers orphans and children rendered vulnerable by HIV/AIDS, have been satisfactory with regard to the children targeted.
98. In another area, the Government has drawn up and adopted a National Early Childhood Development Policy (PNDPE), the aims of which are preschool development, child protection and improvement of basic services.
106. As part of its mission to promote human rights, the National Commission for Human Rights organized a 15-day series of countrywide commemorative activities for the celebration of Human Rights Day in 2008, focusing in particular on children, law enforcement officers, civil society organizations and the public at large.
107. The events included a conference on the rights of the child, organized jointly with UNICEF, which helped to raise public awareness of mechanisms for the promotion and protection of children’s rights.
114. 3. Measures to implement the recommendations of the Committee on the Rights of the Child
(a) Reform of Mauritanian law to bring it into harmony with legal protection principles concerning minor children;
(b) Declaration of a fatwa (religious decree) against the practice of female genital mutilation;
(c) Adoption of a law on prevention, treatment and control of HIV/AIDS.
115. Other initiatives include:
• Establishment of a Children’s Parliament
• Drafting and implementation in January 2007 of a national strategy to combat female genital mutilation
• Establishment of a national commission to combat gender-based violence
• Campaigns to disseminate the Personal Status Code as part of the combat against early marriage
• Reform of the Labour Code, under which the minimum age for child labour is 14
• Establishment of an office for children and a centre for child protection and social integration
• Adoption of alternatives to custody for children in conflict with the law, which emphasize placement for children during the pretrial, investigation and trial phases, and where custody is regarded as a last resort.
1. In 2009, the Committee on the Rights of the Child (CRC) recommended that Mauritania ratify the Optional Protocol on the involvement of children in armed conflict and the Rome Statute of the International Criminal Court.
12. CRC recommended that Mauritania consider adopting a comprehensive children’s code, incorporating the provisions of the Convention.
13. CRC noted that the minimum legal age for military recruitment was 18, but regretted that the Ministry of Defence has the discretion to lower it to 16.
18. UNICEF acknowledged that the creation in 2007 of a ministry on Children, Women’s Affairs and the Family was positive. However, its weak capacities undermine coordination efforts.
20. CRC welcomed the National Plan for the Promotion of Human Rights, but regretted that a comprehensive plan of action for children had not been adopted.
29. UNICEF noted the institutional and judicial progress for the protection of women and children achieved over the past decade. The number of national and civil society institutions providing care and protection to women and children has increased, but much work remains to be done.
33. UNICEF stated that despite the legal recognition of the principle of nondiscrimination, many children still suffer discrimination and abuse in relation to identity, receipt of social services and social protection (newborns, abandoned children, street children, domestic girls, beggar children, disabled children).
34. CRC recommended that Mauritania take all necessary measures to continue raising awareness of children with disabilities in order to change prevailing prejudices against children.
39. CRC was concerned that girls continue to be subjected to force feeding (gavage) The Committee recommended that a comprehensive and effective preventive strategy against harmful traditional practices, including FGM, early marriage and gavage, be developed n consultation with civil society.
41. CRC noted that the crime of rape has not been clearly defined in domestic Legislation and that female victims are criminalized according to sharia law. The Committee recommended that the State ensure that sexual crimes are clearly defined in legislation, including sharia, as well train professionals to investigate reported violations in a child-sensitive manner, avoiding stigmatization of the victims, and implement a comprehensive policy for the prevention, recovery and social reintegration of child victims.
43. CRC was concerned at the lack of effective implementation of the Act criminalizing slavery and highlighted reports indicating the continued existence of caste-based slavery, which had a particular impact on girls in domestic service and boys forced to beg by marabouts. It remarked on the absence of services to liberate and reintegrate child victims of slavery into society and the lack of measures to educate the public about traditional slavery practices in general.
44. CEDAW noted the persistence of trafficking and exploitation of women and girls, and requested the State to accelerate the implementation and enforcement of its legislation on the suppression of trafficking and the prohibition of forced labour. CRC was concerned at reports of the sale of children — boys to work as jockeys, and young girls as brides — to the Middle East.
45. CRC was concerned at information of widespread child labour, in particular in the agricultural sector. The Committee regretted the lack of clarity regarding the minimum age of employment in the State. It urged the State to ensure that national legislation complied with ILO Conventions 138 and 182, and reiterated its recommendation to set 16 years as the minimum age for both the end of compulsory education and the age of admission to employment.
46. In 2010, the ILO Committee of Experts on the Application of Conventions and Recommendations urged Mauritania to take the necessary measures to ensure the prohibition and elimination of the use, procuring or offering of children under 18 for illicit activities, in particular the production and trafficking of drugs, in accordance with the ILO Worst Forms of Child Labour Convention (No. 182).
47. UNICEF noted that corporal punishment is widely practised in public and private spheres. While the Government attempted to tackle the phenomenon of violence against children, action was largely insufficient. The role of civil society is still weak. UNICEF, in partnership with Imams Network, carried out a religious study, and an edict (fatwa) was issued to use its recommendations as an advocacy tool to end corporal punishment.
48. CRC was concerned that the Penal Code provided for corporal punishment, including whipping and amputation of limbs of children, and that corporal punishment was still widely practised in schools and the family.
49. CRC recommended that Mauritania take all necessary measures to prevent child abuse and neglect, establish effective mechanisms to investigate reports of child abuse, prosecute perpetrators in a manner that is child-sensitive and that ensures the privacy of the victims, provide child victims with the necessary support, carry out public education campaigns, and adopt a national plan of action.
51. CRC was concerned that the age of criminal responsibility at 7 years is too low, and at the lack of adequate facilities for the detention of juveniles. The Committee recommended that the State introduce a dedicated juvenile justice system, raise the age of criminal responsibility to 12, provide children with adequate legal assistance, ensure that detention and institutionalization are last resort measures, and that children remain separated from adults.
55. While noting that legislation established the minimum age for marriage age at 18, CRC was concerned that girls could be married before age 18 at the discretion of a judge. The Committee recommended that the State take all measures to ensure that the de facto age for marriage is 18, and that girls and boys are treated equally under the law.
58. CRC noted the increasing involvement of civil society actors in the discussion, design and implementation of child-related strategies. The Committee encouraged the State to continue its cooperation with civil society.
61. In 2010, the ILO Committee of Experts requested Mauritania to provide information on the measures adopted to ensure that the performance of hazardous types of work by young persons between the ages of 16 and 18 is only permitted under strict conditions of protection and prior instruction, in conformity with the provisions of the ILO Minimum Age Convention (138).
66. UNICEF stated that poverty has become a widespread phenomenon and an urgent issue with adverse effects on children (42 per cent, Household Survey 2008). UNICEF mentioned that child beggars suffer from the most forceful manifestation of poverty. These children (called talibes) represent a structural problem that has emerged in the rapid urbanization over the past 20 years.
68. CRC highlighted that chronic malnutrition remained high, affecting approximately 35 per cent of Mauritanian children. It recommended that the State pay specific attention to the urban/rural divide and target financial allocations to address the disparities in access to services.
70. The ILO Committee of Experts observed that, according to the UNGASS Country Progress Report for Mauritania, published in January 2008, there are around 7,327 HIV/AIDS orphans or children under 17 who are vulnerable to HIV/AIDS in the country, none of whom have benefited from free external assistance. The Committee of Experts requested Mauritania to provide information on the specific measures adopted to protect HIV/AIDS orphans from being engaged in the worst forms of child labour.
71. CRC welcomed the information provided by the State that the fight against HIV/AIDS is a health priority, but was concerned that access to anti-retroviral treatment (ARV) and prevention of parent-to-child transmission (PPTCT) services were inadequate and testing and counselling services were insufficient.
73. UNICEF mentioned that Mauritania has adopted the Accelerated Strategy for Child Survival, combining maternal, neonatal and community components.
75. CRC remained concerned that free primary education was still not guaranteed for all children. It was also concerned at the high illiteracy rates, especially among girls, and regional disparities in access to education. The Committee was further concerned about the low transition rates to secondary school, large number of school dropouts, overcrowding of classrooms, insufficient number of trained teachers and school facilities, and the poor quality of education.
74. The Resident Coordinator’s 2008 Report pointed out that Mauritania had a high percentage of school enrolment and that it is higher for girls than for boys. UNICEF reported that the achievement of MDG2 remains a challenge, nevertheless. Retention rates are still most worrying, although a 4 point increase from 2006/07 was noted (52.8 per cent for girls and 53.2 per cent for boys). On the other hand, secondary school enrolment rates are lower than the target set by the national plan.
75. CRC remained concerned that free primary education was still not guaranteed for all children. It was also concerned at the high illiteracy rates, especially among girls, and regional disparities in access to education. The Committee was further concerned about the low transition rates to secondary school, large number of school dropouts, overcrowding of classrooms, insufficient number of trained teachers and school facilities, and the poor quality of education.
76. UNICEF mentioned that non-formal education (Koranic schools, mahadras) plays a major role in educating children. The Government, in partnership with the UN, has tried to reform its content and organization by introducing life skills and mathematics in the curriculum and building bridges between non-formal and formal education. CRC recommended that the State ensure that Koranic schools include a curriculum comparable to and compatible with that in force in formal education, and include human rights education as part of the curriculum.
77. CERD recommended that the State consider including national languages, such as Pulaar, Soninke and Wolof, in the education system. The Committee recommended that the State respect parents’ freedom to choose the type of education they wish for their children, meeting their expectations in terms of culture and language.
82. CRC urged the State to take all measures to guarantee the protection of refugee children, in particular unaccompanied children.
83. CRC urged the State to adopt a comprehensive and long-term reintegration strategy to facilitate the return of refugees which, inter alia, should ensure the incorporation of children, including non-Arabic speakers, into the Mauritanian education system.
87. CRC recommended that the State seek technical assistance from different United Nations agencies regarding birth registration, implementation of relevant programmes concerning eradication of corporal punishment,child abuse and neglect, FGM and forced feeding, the recommendations of the United Nations study on violence against children,HIV/AIDS, improvement of access to education for girls,development of a comprehensive assessment and a plan of action to prevent and combat child labour, and the juvenile justice system.
24. Global Initiative to End All Corporal Punishment of Children (GIEACPC) reported that corporal punishment was lawful in all settings and in the penal system. A 2009 fatwa was issued against corporal punishment of children, but it remained unclear whether it applied to all degrees of corporal punishment or was limited to “excessive” corporal punishment. GIEACPC recommended that Mauritania enact and implement legislation to ensure complete prohibition of corporal punishment.
Accepted and Rejected Recommendations
The following recommendations were accepted:
90.8. Further strengthen the National Human Rights Commission and the national commission to combat gender-based violence, and the capacities needed to secure advancement in the human rights field, particularly in the area of women's and children's rights (Norway).
90.11. In line with the recommendations of the CEDAW and CRC Committees, accelerate efforts in promulgating national action plans for the advancement of women and the elimination of all forms of discrimination against women, including violence against women, and finalize and adopt a national action plan on violence and abuse against children (Malaysia).
90.22. Further promote the human rights of mothers and children (Libyan Arab Jamahiriya).
90.24. Continue its work to promote and protect the rights of children (Burkina Faso);
90.27. Continue its efforts to prevent, penalize and prosecute sexual crimes perpetrated against women, girls and boys and to ensure the social rehabilitation and reintegration of the victims of such crimes (Argentina);
90.36. Develop a strategy for achieving the complete eradication of the practice of slavery and all its forms and remedy its after-effects on women and children (Spain).
90.46. Develop and implement a plan of action to combat trafficking in persons in order to combat all forms of exploitation that may be targeting women, children and other vulnerable groups (Senegal).
90.49. Combat child labour with an emphasis on its worst forms in accordance with CRC and ILO standards, and consider seeking technical assistance from ILO on this matter (Brazil).
90.55. Accelerate efforts to reduce maternal and infant mortality (Azerbaijan).
90.58. Continue the efforts made to expand education, in particular children's education, and accord greater importance to the spreading of the culture of human rights through the media and educational institutions (Saudi Arabia).
90.59. Continue to increase budgetary allocations in the area of the access of children to education (Azerbaijan).
91.1. Adhere to main international human rights instruments so that it can continue to promote women's rights and develop programmes for the rights of children, and pursue the efforts to disseminate a human rights culture in the executive branches of the Government (Egypt).
91.3. Bring domestic law into full compliance with CRC (Poland).
91.9. Disseminate the provisions of CRC, and conduct public awareness raising campaigns among local communities (Poland).
91.11. Continue its persistent efforts to promote mechanisms for the protection of the rights of children, particularly children with disabilities, and to secure their rights, and continue the implementation of programmes for children (Yemen).
91.17. Continue its efforts to guarantee comprehensive coverage on its territory for preschool education (Sudan).
91.18. Maintain its policy regarding the high rate of primary school attendance (Angola);
91.24. Request the international community to support its efforts with regard to its institutional and policy reforms in the field of national unity and social cohesion, gender equality and the protection of children's rights, by sharing best practices and by providing capacity-building and technical assistance as required (Indonesia).
92.3. Ratify the Optional Protocol to CRC on children in armed conflict, the Convention on the Rights of Persons with Disabilities (CRPD).
92.11. Withdraw the general reservation to CRC and CEDAW (Brazil).
92.12. Withdraw reservations to CRC (Ecuador).
92.39. Eradicate in law and in practice corporal punishment and the amputation of limbs, child abuse and neglect, female genital mutilation, forced and early marriage, and the forced feeding of girls, as well as issues related to birth registration, and seek technical assistance from United Nations agencies in this regard, as recommended by the Committee on the Rights of the Child (Israel).
92.40. Take measures to reduce trafficking in children, to raise the age of criminal responsibility and to eradicate corporal punishment of children (Norway).
92.42. Reinforce the legal framework for the protection of children, and remove the provision in the penal code establishing the age of criminal responsibility as 7 years old, as well as the corporal punishment of children, including flagellation and amputation (France).
92.43. Increase, in accordance with international standards, the minimum age of criminal responsibility, as well as the harmonization of domestic legislation with international norms in the area of child labour (Mexico).
92.45. Bring the minimum criminal age of responsibility and the minimum age for marriage into line with CRC, and ban any form of corporal punishment (Spain).
No recommendations were rejected
No recommendations were pending