Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Subcommittee on Prevention of Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
Last Reported: 21 and 22 October 2013 Concluding Observations issued: 21 November 2013
Issues raised and recommendations given:
Violence against women: The Committee notes with concern that domestic violence, particularly violence against women, including rape, persists in the State party. The Committee is also concerned that such violence is not always prosecuted and punished, and that, furthermore, for rape to be punished, the victim must produce a witness in court. The Committee is also concerned by the stigmatization of women victims of rape and the fact that they may themselves risk criminal prosecution. Lastly, the Committee is concerned by the lack of information on the impact of protection measures taken by the State party, the inadequacy of shelters for women victims of violence, and the lack of information on campaigns to combat violence against women.
The State party should ensure that women victims of violence, including rape, are able to bring charges easily and, to this end, should review the requirement that a witness must be produced when a charge of rape is brought. It should also strengthen the protective measures for victims and refrain from criminal prosecution. Finally, the State party should strengthen its awareness campaigns, particularly in the framework of the national plan of action to combat violence against women and girls, and train officers to enforce the law on violence against women. The State party should include in its next report to the Committee the results of the survey conducted by the National Statistics Office on all forms of violence against women and girls and provide statistical data on the investigations into, prosecutions and convictions of, and penalties imposed on the perpetrators of violence against women. (arts. 3, 7 and 23) (Para. 10)
Female genital mutilation: The Committee takes note of the information provided by the State party on the measures taken to combat female genital mutilation. It remains nevertheless concerned by the persistence of the practice in the State party. The Committee regrets the lack of information and statistical data concerning penalties imposed on perpetrators of female genital mutilation, and the absence of a specific law on the issue. The State party should ensure the effective implementation of article 12 of the ordinance on the judicial protection of children and adopt the bill specifically criminalizing female genital mutilation. The State party should also step up and continue its campaigns and other measures to raise awareness of and combat female genital mutilation among the population, including in rural areas. (arts. 3, 7 and 24) (Para. 11)
Death penalty: The Committee notes with appreciation that the State party has been observing a moratorium on the use of the death penalty since 2007. The Committee nevertheless remains concerned that the death penalty is still provided for in the Criminal Code and is applied by the domestic courts, including in the case of crimes committed by minors. The Committee is, in addition, concerned by the fact that the death penalty is not restricted to the most serious crimes and is imposed in contravention of the provisions of article 6 of the Covenant and by allegations that the death penalty has been imposed following convictions based on confessions obtained under torture or as a result of trials that did not respect all the guarantees provided for in article 14 of the Covenant. The State party should consider abolishing the death penalty and ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. The State party should ensure that the death penalty is not, under any circumstances, imposed in violation of the guarantees provided for in article 6 of the Covenant. (arts. 6 and 14) (Para. 12)
Corporal punishment: While noting the adoption by the State party of Ordinance No. 2005-015 on 5 December 2005 on the judicial protection of children, the Committee is concerned that the corporal punishment of children persists in the State party and is not prohibited by law. The State party should take specific measures to end the practice of corporal punishment in all circumstances. It should encourage the use of non-violent disciplinary measures to replace corporal punishment and conduct information campaigns to raise public awareness of the harmful consequences of this type of violence. (arts. 7 and 24) (Para. 16)
Child marriages: While noting that the Personal Status Code establishes the age of marriage at 18 years, the Committee notes with concern the persistence of early marriage. The State party should ensure the strict application of its legislation banning early marriages. It should carry out campaigns to publicize the legislation and inform girls, their parents and community leaders of the harmful effects of early marriage. (arts. 3, 23 and 24) (Para. 23)
Refugees and asylum seekers: The Committee regrets that the State party has not yet adopted the Asylum Act. It is also concerned by the restrictions imposed on the freedom of movement of refugees and asylum seekers who, since the revision of the Civil Status Act of 2011, no longer enjoy refugee status. The Committee is further concerned that urban refugees and asylum seekers continue to encounter legal obstacles to the registration of their children born in Mauritania because of the provisions of the Personal Status Code. Lastly, the Committee is concerned that not all the repatriated Mauritanian refugees have obtained identity and citizenship documents yet; this is likely to create obstacles to their enjoyment of some rights and to promote the risk of statelessness.
In addition, the Committee is concerned that other Mauritanian refugees who are in Mali as a result of the events of 1989–1990 do not always have identity documents. The State party should speed up the adoption of the asylum bill in order to facilitate asylum application procedures. It should also consider the situation of former refugees and asylum seekers with a view to providing them with identity documents, where appropriate, and allowing them to move about more easily. The State party should remove the legal obstacles to the registration of births of children of refugees and asylum seekers born in Mauritania. Finally, it should make it easier for refugees repatriated under the tripartite agreement between the State party, Senegal and the Office of the United Nations High Commissioner for Refugees to obtain identity documents, and consider signing a similar agreement to cover Mauritanian refugees in Mali following the events of 1989–1990. It should consider establishing a mechanism to address the humanitarian consequences of those events. (arts. 12 and 24) (Para. 24)
Last reported: 15 and 16 November 2012
Concluding Observations issued: 10 December 2012
Issues raised and recommendations given:
Social status: The Committee is deeply concerned that, under the Personal Status Code of 2001, adult women are placed under guardianship, ‘hadhana,’ if unmarried. The Committee is also deeply concerned about the other provisions of the Code assigning different roles, duties and rights to the husband and the wife in family matters, and different treatment to girls and to boys, resulting in inferior social status to women and girls and the deprivation of their equal rights provided in the Covenant. The Committee is further concerned at the State party’s reluctance, invoking religious grounds, to take steps to amend the 2001 Code (arts. 3 and 10). (Para. 10)
Recalling the reaffirmation in the Vienna Declaration of the obligation of States to counter religion or belief-based practices of discrimination on the ground of gender and the obligations of the State party under the Covenant to guarantee the equal right of men and women to the enjoyment of economic, social and cultural rights, the Committee urges the State party to take steps towards the amendment of the provisions of the 2001 Personal Status Code which are discriminatory on the ground of sex, especially against women. In particular, it calls on the State party to raise awareness among the population, including religious leaders, of the discriminatory nature of the guardianship as well as of the differentiated roles and responsibilities of the spouses in family matters, as far as they contravene the Covenant. It also calls on the State party to define and prohibit all forms of discrimination against women in its legislation. In this regard, the Committee refers the State party to its general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and rights.
Early marriage: The Committee notes with concern that early marriage remains common in the State party and that a person without legal capacity may be entered into a marriage contract without his or her consent if found to be in his or her interest by the guardian. The Committee urges the State party to prevent early marriage under the legal minimum age of 18 and to amend article 6 of the Personal Status Code so as to ensure that marriage is entered into with the free consent of the intending spouses. (art. 10) (Para. 18)
Birth registration: The Committee is concerned that a large number of births are not registered in the State party and that the reform of civil status introduced in 2010 places additional obstacles to birth registration, including by requiring the marriage documents of parents (art. 10). (Para. 19)
The Committee urges the State party to simplify birth registration procedures so as to take account of the constraints faced by the population, such as geographical barriers and the difficulty in obtaining or producing official documents, including in respect to children born out of wedlock. The Committee also calls on the State party to facilitate birth registration by allowing late registration without fines as well as through the health-care system and by coupling regular vaccination campaigns with campaigns for birth registration.
Street children: The Committee is concerned about the vulnerable conditions of children who live in the street as well as those who are engaged in labour in the State party (art.10). (Para. 20)
The Committee recommends that the State party (a) strictly enforce existing legislation against child labour and expedite the adoption of the draft law on the prohibition of child labour; (b) consider the extension of mandatory education to the secondary level as a means to prevent child labour and keep children away from living in the street; (c) address the root causes of child labour and the situation of street children in the State party’s poverty reduction strategy; and (d) expand the capacity of the Centre de Protection et d’Intégration Sociale des Enfants. The Committee requests the State party to provide in its next periodic report information, including statistical data, on the prosecution of child labour offences.
Female genital mutilation: The Committee notes with concern that the practice of female genital mutilation (FGM) remains highly prevalent in the State party, in spite of the measures taken. The Committee calls on the State party to effectively implement the national strategy for the elimination of FGM. The Committee also recommends that the scope of the new criminal law on rape comprise all forms of sexual violence, including marital rape and provide for adequate protection of victims against additional trauma during the various stages of the legal proceedings. The Committee also recommends that adequate assistance and rehabilitation services be provided to victims of sexual violence. (art.10) (Para. 21)
Education: The Committee remains concerned at the high school dropout rate and the poor quality of education, in spite of the increase in enrolment rate in primary education. The Committee is concerned at the resulting low level of literacy in the State party. Moreover, the Committee is concerned that fewer children, especially girls, have access to secondary education (art.13) (Para. 30)
The Committee calls on the State party to continue to address the various obstacles to the enjoyment of the right to education, including the distance to school, the cost of education and the social and cultural factors involved such as girls’ duties at home. The Committee also calls on the State party to intensify its efforts for the reintegration in school of children who have dropped out, to invest in the training of teachers, to improve the accessibility of secondary and higher education as well as vocational training, and to put into place scholarship schemes. The Committee encourages the State party to take this recommendation into account at the upcoming education review. ____________________________________________________
Last reported: 6 and 9 August 2004
Concluding Observations: 10 December 2004
Issues raised and recommendations given:
Nationality: The Committee notes with concern that the Nationality Code does not appear to comply fully with article 5 (d) (iii) of the Convention, in particular since it lays down rules on access to nationality that differ depending on whether the children are born to a Mauritanian father or a Mauritanian mother, or whether they are born to a foreign father or a mother born in Mauritania. The Committee recommends that the State party guarantee respect for the principle of non-discrimination in children’s access to nationality. (Para. 18)
Harmful traditional practices: The Committee is concerned about the prevalence of female genital mutilation among some ethnic groups. The Committee recommends that the State party take all necessary measures to put a stop to this practice. Information and awareness-raising measures aimed specifically at, and designed for, relevant population groups should be adopted. (Para. 19)
Minority groups: The Committee notes with concern that no provision is made in the educational curriculum for the inclusion of the national languages Pulaar, Soninke and Wolof. The Committee recommends that the State party study this question again in consultation with the population groups concerned and that it consider including national languages in the education system for those children who wish to receive an education in those languages. The Committee recalls that, in any event, education in national languages should not lead to the exclusion of the group concerned and should meet the minimum standards with regard to the quality of the courses offered. (Para. 20).
Education: The Committee notes with concern the State party’s policy of ensuring that the curricula in private and public schools are identical. While taking account of the State party’s desire to monitor the quality of private education, the Committee nevertheless has doubts whether such control over private schools is conducive to the teaching of the languages and cultures of minority groups. The Committee recommends that the State party respect parents’ freedom to choose the type of education they wish for their children and to choose for their children private schools that offer programmes meeting their expectations in terms of culture and language. (Para. 21). ____________________________________________________
Adopted by the Committee: 30 June-18 July 2014
Published: 18 July 2014
The Committee is deeply concerned at the persistence of gender stereotypes that are deeply rooted in the society of the State party and are harmful to women such as female genital mutilation, forced feeding, child and forced marriages, and sexual harassment. It regrets the absence of a strategy to combat stereotypes through education, awareness-raising campaigns, including through the media and legislation prohibiting such practices. The Committee notes with concern that women are mainly seen as caregivers (para.22).
The Committee calls upon the State party to:
Adopt strategies such as dialogues and forums held in the society, in schools, religious establishments and among political leaders on the elimination of stereotypes and harmful practices against women. The State party should establish a base-line and clear indicators to measure the progress and results of such a strategy.
Set up a system of monitoring and periodic reporting on harmful practices to enable the authorities to focus awareness-raising activities in specific areas or among specific groups of the population throughout the country; and
Strengthen measures to engage the media and non-governmental organizations in combating negative stereotypes and societal attitudes towards women, in particular in rural areas and among women in disadvantaged groups (para.23).
The Committee deeply regrets that the practice of female genital mutilation (FGM) continues to be widespread in the State party, in the absence of legal measures and policies to effectively prevent FGM and adequately protect girls and women from it. The Committee notes with concern that the adoption of a draft bill to address female genital mutilation has been delayed and that still there is no clear commitment by the authorities to advance the decision-making process related to adoption of this bill. The Committee is deeply concerned by the absence of prosecutions and convictions of FGM practitioners under article 12 of the Order on judicial protection of children (para.24).
The Committee urges the State party to:
Expedite the adoption of legislation criminalizing female genital mutilation and address its harmful consequences on the lives of women;
Sensitize health practitioners on FGM and on the remedies and assistance available to victims, including psychological counselling;
Amend its legislation on the judicial protection of children in order to prosecute FGM practitioners whenever it occurs
Strengthen efforts to raise awareness about the negative impact of FGM on the lives of women and recognize it as a human rights violation; and provide alternative means of livelihood for FGM practitioners as a means of alternative income (para.25).
The Committee is concerned about discriminatory provisions in the Personal Status Code regarding the authorization of marriages of girls under 18 by their guardians, the exclusive authority of the husband in family related matters, the dissolution of marriage at the will of the husband only, and polygamy (para.46).
The Committee calls on the State party to follow up on the recommendations from various international bodies concerning the need to amend the Personal Status Code to bring it into line with the State party’s international human rights obligations. In reviewing its legislation, the State party should take into consideration General Recommendation No. 29 (2013) on article 16 of the Convention (Economic consequences of marriage, family relations and their dissolution) (para.47).
Trafficking and sexual exploitation:
While noting that the law of the State party criminalizes sex tourism, pornography and paedophilia, the Committee remains concerned about the absence of a comprehensive policy framework to prevent trafficking in women, and measures to protect victims. The Committee notes with concern the absence of a system to gather information on trafficking in women and girls for purposes of sexual exploitation and forced labour, and to identify women at risk of trafficking. (para.28).
The Committee recommends that the State party:
Adopt comprehensive legislation and policies aimed at combating all forms of trafficking which must endorse measures to prevent trafficking, including early warning systems, identification, prosecution and convictions for perpetrators, and protection for girls and women victims through psychosocial support and legal aid;
Establish partnerships with international organizations and civil society stakeholders in order to collect systematic information on trafficking in women and girls in the country;
Address the root causes of trafficking and prostitution and develop reintegration programmes for women and girls in prostitution, including alternative income generating opportunities (para.29).
While noting that primary education is compulsory for all children under 15 in the State party, the Committee remains concerned about:
Women’s high illiteracy rate of 53% compared to that of men (33%); the marginalization of non-Arab and rural girls in the education system; The persistence of factors causing girls’ drop out from school, such as early marriages, low quality of education, the lack of adequate infrastructure and roads to access schools in rural areas, and the engagement of girls and women in domestic tasks; The risk of sexual harassment and abuse by teachers in schools; The need to improve curricula on sexual and reproductive health and rights for all levels of the education system; and girls’ and women’s limited access to higher levels of education and stereotypes associating them with careers in the social disciplines rather than, science mathematics, technology or engineering (para.34).
The Committee recommends that the State party:
Adopt measures to reduce school drop-out rates among girls due to, inter alia, engagement in domestic work, early marriage, and early pregnancies, including awareness-raising among parents, communities, teachers, religious leaders and public officials about the importance of women’s and girls’ education to enable them to gain access to paid work in the formal labour force; Ensure adequate support, such as school transport, and economic support for girls in remote areas to facilitate their access to school; Adopt preventive strategies to combat the risk of sexual harassment and abuse of girls in school and ensure punishment for perpetrators; Encourage women and girls to choose non-traditional fields of education and careers, such as technical and vocational education and training in traditionally male dominated areas, including technology and engineering to broaden career options and occupational choices; and institute age-appropriate curricula in sexual and reproductive health and rights as well as responsible sexual behaviour at all levels of the education system (para.35).
The Committee welcomes the provisions of the Labour Code recognizing women’s right to collective bargaining and maternity protection. It is nonetheless concerned about:
The exploitation of girls in child labour under slave-like conditions, in particular in the South of the country (para.36).
The Committee recommends that the State party:
Establish childcare facilities and other services to help women and men to reconcile professional and family life; Monitor the situation of girls and women in domestic work through increased inspections and fines against employers found liable (para.37).
Last Reported: 25 May 2007 Concluding Observations issued: 11 June 2007
Issues raised and recommendations given:
Harmful practices and stereotypes: The Committee is concerned about the prevalence of a patriarchal ideology with firmly entrenched stereotypes and the persistence of deep-rooted adverse cultural norms, customs and traditions, including forced and early marriage, polygamy, the practice of female genital mutilation and forced feeding, that discriminate against women and constitute serious obstacles to women’s enjoyment of their human rights. The Committee urges the State party to view culture as a dynamic dimension of the country’s life and social fabric, subject to many influences over time and therefore to change.
It urges the State party to be more proactive and to put into place without delay a comprehensive strategy, including clear goals and timetables, to modify or eliminate negative cultural practices and stereotypes that are harmful to and discriminate against women and promote women’s full enjoyment of their human rights, in conformity with articles 2 (f) and 5 (a) of the Convention. It further urges the State party to undertake such efforts in collaboration with civil society organizations, women’s groups and community and religious leaders. It also urges the State party to assess regularly progress made towards the achievement of established goals and requests the State party to report thereon in its next periodic report. (Paras. 21-22)
Female genital mutilation: While welcoming the prohibition, in the Code of Criminal Procedure, of female genital mutilation for minors, the Committee is deeply concerned about the persistence and very high incidence of that harmful practice, which is a grave violation of girls’ and women’s human rights and of the State party’s obligations under the Convention. The Committee notes the serious health complications for girls and women arising out of the practice of female genital mutilation and which, in some cases, may lead to death. The Committee urges the State party to raise awareness about the provision in the Code of Criminal Procedure that prohibits female genital mutilation for minors and to ensure its enforcement, including the prosecution and adequate punishment of offenders.
It also urges the State party speedily to adopt the draft law that will specifically address female genital mutilation, mentioned by the State party ’ s representative during the constructive dialogue. It urges the State party to strengthen its awareness-raising and education efforts, targeted at both men and women, with the support of civil society and religious leaders, to eliminate the practice of female genital mutilation and its underlying cultural justifications. It also encourages the State party to devise programmes for alternate sources of income for those who perform female genital mutilation as a means of livelihood. It calls upon the State party to address the health consequences of female genital mutilation and provide medical support to those affected by it. In this context, it also encourages the State party to seek technical assistance from the United Nations Population Fund and the World Health Organization. (Paras. 27-28)
Violence against Women: The Committee expresses concern about the lack of implementation of the legislation, as well as the lack of policies and programmes, to address violence against women. The Committee is particularly concerned about occurrences of domestic violence, rape, including marital rape, and all forms of sexual abuse of women, and about the persistence of patriarchal attitudes that consider the physical chastisement of family members, including women, acceptable. While noting the State party’s assurance that the occurrence of forced feeding of young girls is declining, the Committee remains concerned about this practice. The Committee further expresses concern about the lack of information and data in the report on the prevalence of different forms of violence against women. (Para. 29)
The Committee urges the State party to place the highest priority on implementing a comprehensive approach to address all forms of violence against women. It encourages the State party to make full use of the Committee’s general recommendation 19 in such efforts and of the Secretary-General’s in-depth study on all forms of violence against women. It urges the State party to raise public awareness through media and education programmes that all forms of violence against women, including domestic violence and forced feeding of girls, are unacceptable.
The Committee calls upon the State party to train the judiciary, law enforcement officials, legal professionals, social workers and health providers with respect to violence against women so as to ensure that the perpetrators of violence against women are effectively prosecuted and punished with the required seriousness and speed and that effective and gender-sensitive support is provided to victims. It calls on the State party to enhance victims ’ access to legal redress and to establish support measures for victims of violence against women, including shelters and legal, medical and psychological support. The Committee requests the State party to provide information in its next report on the laws, policies and programmes in place to deal with all forms of violence against women and on the impact of such measures, as well as statistical data and trends concerning the prevalence of various forms of such violence. (Para. 30)
Trafficking: While appreciating the State party’s efforts to combat the trafficking of women and girls and the exploitation of girls in domestic service, including the accession to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the adoption of Act No. 025-2003 of 17 July 2003 on the suppression of trafficking in persons and the amended Labour Code which prohibits forced labour, the Committee remains concerned about the persistence of trafficking and the exploitation of women and girls in the country, in particular with respect to the economic exploitation and ill-treatment of young girls employed as domestic servants. The Committee is also concerned about remnants of slavery in parts of the country.
The Committee requests the State party to accelerate its efforts aimed at the effective implementation and full enforcement of its legislation on the suppression of trafficking and on the prohibition of forced labour. Such efforts should, in particular, include the effective prosecution and punishment of traffickers. It also recommends that the State party increase the provision of assistance and support to women victims, as well as prevention efforts, by addressing the root causes of trafficking and by improving the economic situation of women so as to eliminate their vulnerability to exploitation and traffickers. It requests the State party to place priority on enhancing practical measures for the protection of girls employed as domestic servants from all forms of exploitation and abuse and to ensure that they can exercise their right to education. The Committee calls upon the State party to take steps to completely eliminate remnants of slavery. (Paras. 31-32)
Education: While acknowledging some progress in the area of education, the Committee is especially concerned about the high rate of illiteracy among women, which clearly demonstrates patterns of indirect discrimination under article 10. It is also concerned about the high dropout rate of girls from schools, including for such reasons as pregnancy and early and forced marriage. The Committee urges the State party to raise awareness of the importance of education as a human right and as a basis for the empowerment of women, and to take steps to overcome traditional attitudes that perpetuate discrimination and lack of compliance with the provisions of article 10 of the Convention.
It recommends that the State party implement measures to ensure equal access for girls and women to all levels of education and to ensure the retention of girls in school, including through temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee’s general recommendation 25. The Committee calls on the State party to make every effort to improve the literacy level of girls and women through the adoption of comprehensive programmes of formal and non-formal education, and through adult education and training. It requests the State party to implement specific measures to enable girls to complete their schooling after childbirth and to combat early and forced marriage as obstacles to their education. It encourages the State party to strengthen collaboration with civil society and to seek enhanced support from the international community and donor organizations to accelerate compliance with article 10 of the Convention. (Paras. 35-36)
Health: While noting the efforts made by the State party to improve women’s health, including the establishment of a National Reproductive Health Programme 2003-2007, the Committee expresses concern about the lack of access by women and girls to adequate health-care services, including prenatal and post-natal care and family planning information, particularly in rural areas. The Committee is also concerned about the alarming rate of teenage pregnancy, which presents a significant obstacle to girls’ educational opportunities and economic empowerment and also leads to increased rates of vescico-vaginal fistula. The Committee is especially concerned at the high maternal and infant mortality rates, the low rates of contraceptive use and the lack of sex education for young people, especially in rural areas. It is further concerned about the incidence of substance abuse among young people. (Para. 39)
The Committee recommends that the State party undertake all necessary measures to improve women’s access to health care and to health-related services and information, including for women in rural areas. It calls upon the State party to improve the availability of sexual and reproductive health services, including family planning services and obstetric care. It recommends that programmes and policies be adopted to increase knowledge of and access to affordable contraceptive methods, so that women and men can make informed choices about the number and spacing of children. The Committee also recommends the implementation of a comprehensive maternal and infant mortality reduction programme, with time bound targets, including measures to increase access to obstetric services. It further calls upon the State party to address teenage pregnancies with a view to preventing vescico-vaginal fistula and to provide medical support to those affected by it. It also recommends that appropriate sex education and youth-friendly reproductive health services be provided, inter alia, to prevent sexually transmitted diseases, including HIV/AIDS. It also encourages the State party to address drug and substance abuse among young people, with a specific focus on young women. (Para. 40)
Last reported: 8-10 May 2013
Concluding Observations issued: 27 May 2013
Issues raised and recommendations given:
Application of the prohibition of slavery-like practices: While noting that the State party’s delegation has informed the Committee that the judicial authorities of the State party are currently considering 15 cases involving allegations of slavery that would fall under Act No. 2007-048 of 3 September 2007, which classifies slavery as a criminal offence and provides for the suppression of slavery-like practices, the Committee regrets that no statistics are available on the nature and scale of slavery in the State party. The Committee is also concerned by the fact that the courts treat slavery cases as matters for ordinary law, particularly as labour or property rights issues, rather than as slavery offences. The crime of slavery is thus rendered meaningless in legal terms. Moreover, the Act of 2007 does not cover the discrimination intrinsic to slavery. The Committee echoes the concern of the Special Rapporteur on contemporary forms of slavery, including its causes and its consequences, who noted that the Act could be applied only in the course of the criminal prosecution of slave-owners and therefore relied entirely on the police and the public prosecution service for its enforcement, there being no provision for victims to sue to obtain redress (arts. 1, 2 and 16) (Para. 21)
The State party should: (e) Develop a comprehensive national strategy for combating both traditional and modern forms of slavery and discrimination, which include the practices of early and forced marriage, servitude, forced child labour, human trafficking and the exploitation of domestic workers, in line with the commitment made by the State party during the universal periodic review in November 2010.
Corporal punishment: Notwithstanding the adoption of Ordinance No. 2005-015 of 5 December 2005 on the judicial protection of children, which establishes prison sentences for persons who commit acts of torture or acts of barbarity against children, the Committee is concerned that corporal punishment of children is not prohibited by law and seems to be even considered a suitable and effective method of education (art. 16). (Para. 25)
The State party should: (a) Amend its criminal legislation, including Ordinance No. 2005-015 on the judicial protection of children, to prohibit and explicitly penalize any form of corporal punishment of children in all places and contexts, including within the family, and enforce the principle of education without violence in accordance with article 28, paragraph 2, of the Convention on the Rights of the Child; (b) Carry out programmes involving children, families, communities and religious leaders to educate, sensitize and mobilize the general public about the harmful effects of corporal punishment on the physical and psychological development of the person.
Ratified in 2007, but not yet reported.
Not yet signed or ratified.
Not yet signed or ratified.