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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee notes as positive that the principle of non-discrimination is incorporated in the Constitution. The Committee is however concerned that de facto discrimination against girls and certain groups of children persists, particularly with regards to children living in slavery or of slave descent, children living in poverty and orphans. The Committee recommends that the State party make combating discrimination against vulnerable groups a national priority. In particular, the Committee recommends the State party to design programmes which enable the girl to access her rights without discrimination and to raise awareness among all stakeholders and society at large of the value of the girl child. The Committee urges the State party to take adequate measures to ensure the practical application of provisions guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and to adopt a comprehensive strategy to combat discrimination on any grounds and against all vulnerable groups, and dedicate particular efforts to eradicate slavery. (Paragraphs 29 and 30) While noting as positive the Act No. 2007-042 of 3 September 2007 criminalising slavery, the Committee is concerned over the lack of effective implementation of the law. The Committee is seriously concerned over reports indicating the continued existence of caste based slavery, which has a particular impact on girls in domestic service and boys forced to beg by marabouts. The Committee is especially concerned over the absence of services to free and reintegrate children victims of slavery and over the lack of measures to educate the public about traditional slavery practices in general. The Committee urges the State party to take all necessary measures to eradicate slavery and in particular to ensure that perpetrators of such practices are held accountable in accordance with the law. The Committee calls upon the State party to implement a national strategy against slavery, including an analysis of root-causes and effective measures to free victims of slavery and provide them with psycho-social recovery and reintegration measures. The Committee recommends that the State party conduct specific awareness raising campaigns on the legislation which criminalises slavery. (Paragraphs 36 and 37) The Committee regrets the lack of documentation on the situation of children living and or working in the street. The Committee is concerned over the lack of information on the measures adopted by the State party to identify and protect such children. In particular, the Committee is concerned over the lack of protection for children talibes, who are forced by marabouts to beg in slavery-like conditions. The Committee recommends that the State party; a. Undertake a systematic assessment of the situation of street children, including in particular talibe, in order to obtain a good understanding of root causes, magnitude, links with other factors inter alia as poverty, the situation of marabouts, corporal punishment, exploitation, lack of parental responsibility, lack of access to schools and health facilities; b. Develop and implement with the active involvement of street children themselves a comprehensive strategy which should address the root causes, as well as define preventive and protective measures, which establish annual targets for the reduction of their numbers and allocation of appropriate resources; c. With the active involvement of children themselves, support family reunification programmes or other alternative care, provided they are in the best interests of the child; d. Ensure that street children attend and stay in school and are provides with adequate health-care services, shelter and food, bearing in mind the specific needs of girls and boys; e. Immediately address the situation of children talibes, with a view to eliminating the practice of street begging totally, and take into account the International Agreement arrived at by 10 West African States to address migration of talibes children; f. Seek support from NGOs and other organisations, establishing clear guidelines for action in this area. (Paragraphs 73 and 74) UN Special Rapporteur on slavery After analysing the interviews conducted with victims of slavery in Atar, in Rosso and from Nema, the Special Rapporteur believes that the situations described to her meet the key elements that define slavery.11 The victims described situations whereby they were completely controlled by their owner using physical and/or mental threats; could not independently make any decision related to their lives without his or her master's permission; were treated as commodities – for example, girls being given away as wedding presents; lacked freedom of movement; and were forced to work long hours with very little or no remuneration. In addition, the victims were further denied the right to inherit. These victims had escaped slavery and talked about the relatives that they had left behind who still lived in slavery. The Special Rapporteur therefore concluded that de facto slavery continues to exist in certain remote parts of Mauritania. (Paragraph 34) In the rural areas, men, women, boys and girls continue to live in slavery. Slaves who flee often return to their masters because they lack alternative means of supporting themselves. The Special Rapporteur heard reports that some former slaves in rural areas face difficulties in acquiring ownership of land and some are forced to give a percentage of their produce to their former masters. Consequently, although they may be "freed", former slaves are still treated like slaves. (Paragraph 35) The Special Rapporteur also heard reports about other slavery–like practices such as: forced early marriages; serfdom; worst forms of child labour, such as children who are forced to beg; trafficking; and domestic servitude, which affects men, women, boys and girls. These forms of slavery affect both former slaves and people who have historically never been in enslaved. However, the Special Rapporteur noted that in majority of her interviews, when she raised these issues, many did not consider these human rights violations as contemporary forms of slavery. (Paragraph 37) Women are most at risk as they suffer triple discrimination: firstly as women, secondly as mothers and thirdly as slaves. They are viewed by their masters firstly as labour and secondly as producers of a labour force. Female slaves who live in their masters' homes are rarely allowed out of the master's camp and generally work from before sunrise to after sunset, caring for the master's children, fetching water, gathering firewood, pounding millet, moving tents made of heavy animal skin and performing other domestic tasks. Women in slavery are frequently beaten and sometimes raped by their masters who consider them to be their property. Their children are also considered the master's property and, along with other slaves, can be rented out or loaned or given as gifts in marriage. By giving away the children of a female slave, or another member of her family, the master is able to keep a tighter hold on the female slave. A slave mother is less likely to disobey or attempt to escape when she does not know where her children are and only her master possesses that information. Neither a slave mother nor a slave father has rights to their children. (Paragraph 38) When a slave marries, the dowry may be seised by the master. In addition, a master may allow a marriage but refuse to "free" the slave thereby ensuring that through the marriage, the master gets the female slave's husband and future children to work for him or his kin. The master can also force separation or divorce between married slaves. In this situation, it is usually the male slave that is forced to leave, often after enduring a series of verbal and physical threats. This male slave is seen as a threat to the master's household as it is feared that he can influence the departure of the master's property (the female slave and their children). A slave husband and father is only recognised if the master consented to the marriage, which masters rarely do. Many slaves do not even know their father or grandfather. Generic names that are not the names of their biological parents are usually given to children at birth. (Paragraph 39) Men, women and children who are slaves are denied their right to family life. This is in direct violation of international human rights instruments to which Mauritania is a party. (Paragraph 40) The Special Rapporteur met with women and girls who had fled from slavery in the rural areas and had been forcefully separated from their families as a result of slavery. The women had spent their lives looking for their mothers and their children. In some instances, daughters found their mothers and were able to rescue them from slavery. However in other situations, daughters found their mothers and siblings who refused to leave their masters. This was either because of their religious beliefs or because they did not see any other economic alternatives. (Paragraph 41) Mauritanian law provides that children can work in the non–agricultural sector from the age of 14 and children under the age of 13 can only work in the agricultural sector if the Minister of Labour grants an exception owing to local circumstances. However, the Special Rapporteur heard reports of children younger than 13 years working in all sectors. (Paragraph 42) There are two ways in which a child becomes a slave in contemporary Mauritania: by birth or when given away as a gift. Such children's right to be born free is violated and their basic rights to identity, family, childhood are denied. Every slave in Mauritania was also a slave as a child. The children grow up not knowing their parents or siblings. Their masters, as social relatives, become the closest thing to family. This makes it even more difficult for enslaved children to escape. In the cases where a master recognises the children he has fathered with a slave, the children are usually separated from the mother. (Paragraph 43) Enslaved children in the countryside usually work taking care of the livestock, cultivating subsistence crops and performing domestic work and other significant labour in support of their masters' activities. (Paragraph 44) Children in slavery–like conditions in urban areas are often found working in domestic households. (Paragraph 45) The phenomenon of the talibes (religious students or followers of specific religious sect or teacher), who are forced by marabouts to beg on the streets for the financial benefit of the marabouts, also exists. It is widely believed that these children are not Mauritanian and come from Senegal and Mali. Using children for begging is considered a form of slavery.13 The Special Rapporteur was informed that the Government is working with religious leaders to put an end to this practice. However, in many of the conversations that the Special Rapporteur had in the country, many did not consider forced begging to be a form of slavery. (Paragraph 46) The Special Rapporteur also heard reports of forced early marriages, some of which involved girls trafficked for forced marriages to other countries. This is in direct violation of article 2 of the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, which forbids forced early marriages. (Paragraph 47) The law is difficult to enforce in nomadic communities in rural areas. It is easier to tackle slavery within communities that are more sedentary or live in urban areas. For example, children are not systematically registered, especially in rural areas. It is therefore difficult to monitor children on the move with their masters. Porous borders with Algeria, Mali, Morocco and Senegal mean that it is easy for masters to keep their slaves and difficult to inform slaves and masters that slavery no longer exists. Slaves are also used to this kind of nomadic life, without which they see no other alternative. (Paragraph 93) UN Special Rapporteur on racism During a meeting with slaves and former slaves, the Special Rapporteur heard several reports of the reluctance of the police and the courts to follow up allegations of slavery-like practices brought to their attention, either because of ignorance of the law or simply pressure from certain communities or tribes. The case of Ms. Tarba Mint M'Boyrick, born a slave in a family in the town of Guérou, in the Assaba region in south-eastern Mauritania, and the mother of two children she said she had been forced to abandon because of ill-treatment at the hands of her masters, provides an example of the authorities' attitude. In October 2007 she lodged a complaint against the family for slavery and trafficking in minors. Although the police initially freed the children on the orders of the wali (governor) of Assaba, and following the family's admission that the children were "slaves by descent" and had never attended school, the Public Prosecutor of the Court of Appeal in Kiffa ordered the release of the family and returned the two children to them on the grounds that Tarba Mint M'Boyrick had failed to bring them up but had abandoned them, whereas the family she had lodged a complaint against had fed and supported them. (Paragraph 56) Universal Periodic Review (November 2010) 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). (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee, while noting the adoption of legislation of 2003 to combat trafficking is concerned over the lack of documentation of trafficking and sale of children. The Committee is concerned over reports indicating the sale of children for use as jockeys and young girls as brides to the Middle East. Furthermore, the Committee is concerned at the lack of information in the State party report on the extent of trafficking and the measures taken to prevent such crimes. The Committee recommends that the State party; a. Undertake a systematic assessment of children victims of trafficking and sale, in order to obtain a good understanding of root causes, magnitude, links with other factors inter alia such as poverty, exploitation, lack of parental responsibility, lack of access to schools and health facilities; b. Implement appropriate policies and programmes for the prevention, recovery and social reintegration of child victims, in accordance with the outcome documents adopted at the first, second and third World Congresses against Commercial Sexual Exploitation of Children in 1996, 2001 and 2008; c. Train law-enforcement officials, judges and prosecutors on how to receive, monitor and investigate complaints in a child-sensitive manner that respects confidentiality; d. Strengthen resources available to investigate cases of trafficking of children in order to bring perpetrators to justice; e. Prioritise the recovery and reintegration of child victims of trafficking and ensure that education and training, as well as gender sensitive psychological assistance and counselling, are provided to them; f. Negotiate bilateral and multilateral agreements with countries concerned, including neighbouring countries, to prevent the sale, trafficking and abduction of children, and develop joint plans of action between and among the countries involved. (Paragraphs 77 and 78) Universal Periodic Review (November 2010) 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). (accepted) 92.40. Take measures to reduce trafficking in children, to raise the age of criminal responsibility and to eradicate corporal punishment of children (Norway). (accepted) _____________________________________________________________________ Children living on the streets UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee regrets the lack of documentation on the situation of children living and or working in the street. The Committee is concerned over the lack of information on the measures adopted by the State party to identify and protect such children. In particular, the Committee is concerned over the lack of protection for children talibes, who are forced by marabouts to beg in slavery-like conditions. The Committee recommends that the State party; a. Undertake a systematic assessment of the situation of street children, including in particular talibe, in order to obtain a good understanding of root causes, magnitude, links with other factors inter alia as poverty, the situation of marabouts, corporal punishment, exploitation, lack of parental responsibility, lack of access to schools and health facilities; b. Develop and implement with the active involvement of street children themselves a comprehensive strategy which should address the root causes, as well as define preventive and protective measures, which establish annual targets for the reduction of their numbers and allocation of appropriate resources; c. With the active involvement of children themselves, support family reunification programmes or other alternative care, provided they are in the best interests of the child; d. Ensure that street children attend and stay in school and are provides with adequate health-care services, shelter and food, bearing in mind the specific needs of girls and boys; e. Immediately address the situation of children talibes, with a view to eliminating the practice of street begging totally, and take into account the International Agreement arrived at by 10 West African States to address migration of talibes children; f. Seek support from NGOs and other organisations, establishing clear guidelines for action in this area. (Paragraphs 73 and 74) UN Special Rapporteur on slavery The Minister of Families, Children and Social Affairs informed the Special Rapporteur of the collaboration between her and the Ministry of Interior to address the issue of street children, some of which are talibes, in Nouakchott. Children living on the streets are likely to be working on the streets, which makes them vulnerable to slavery–like abuses.18 There is a specialised police force which is trained to work with children. The Minister of Interior informed the Special Rapporteur that the children were offered education or vocational training and provided with shelter. The Minister of Interior also told the Special Rapporteur that they were monitoring madrassas to ensure that children are not encouraged to go begging for their religious teachers. (Paragraph 75) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2010) The Committee is concerned over information indicating widespread child labour, in particular in the agricultural sector. The Committee is furthermore particularly concerned over the situation of girls who work as domestic servants in exploitative slavery-like conditions and over the lack of comprehensive documentation of the incidence of child labour and effective measures to ensure that children are protected from economic exploitation and the worst forms of child labour and that they can exercise their right to education. The Committee regrets the lack of clarity regarding the minimum age of employment in the State party, despite information during the previous periodic review indicating that it was 16 years. The Committee urges the State party to: a. Develop and implement, with the support of the ILO, UNICEF, and NGOs, a comprehensive assessment and a plan of action to prevent and combat child labour, and in particular to eradicate its worst forms, such as slavery; b. Ensure that national legislation is in full compliance with ILO Conventions No. 138 concerning the Minimum Age for Admission to Employment and No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, which the State party has ratified; c. Initiate a nation-wide awareness-raising programme to eliminate child labour, ensuring families are supported to protect and promote the rights of all children, especially to receive free basic education and to be free from economic exploitation and from performing any work that is likely to be harmful to the child's physical, mental, spiritual, moral or social development. The Committee recommends that particular attention and protection are offered to domestic servants, the majority of whom are girls. d. Furthermore, the Committee reiterates its recommendation of 2001 (CRC/C/15/Add.159, para. 22) that the State party should harmonise the minimum age for the end of compulsory education so that it corresponds to the age of admission to employment and set these at 16 years. (Paragraphs 75 and 76) UN Special Rapporteur on slavery Mauritanian law provides that children can work in the non–agricultural sector from the age of 14 and children under the age of 13 can only work in the agricultural sector if the Minister of Labour grants an exception owing to local circumstances. However, the Special Rapporteur heard reports of children younger than 13 years working in all sectors. (Paragraph 42) There are two ways in which a child becomes a slave in contemporary Mauritania: by birth or when given away as a gift. Such children's right to be born free is violated and their basic rights to identity, family, childhood are denied. Every slave in Mauritania was also a slave as a child. The children grow up not knowing their parents or siblings. Their masters, as social relatives, become the closest thing to family. This makes it even more difficult for enslaved children to escape. In the cases where a master recognises the children he has fathered with a slave, the children are usually separated from the mother. (Paragraph 43) Enslaved children in the countryside usually work taking care of the livestock, cultivating subsistence crops and performing domestic work and other significant labour in support of their masters' activities. (Paragraph 44) Children in slavery–like conditions in urban areas are often found working in domestic households. (Paragraph 45) The phenomenon of the talibes (religious students or followers of specific religious sect or teacher), who are forced by marabouts to beg on the streets for the financial benefit of the marabouts, also exists. It is widely believed that these children are not Mauritanian and come from Senegal and Mali. Using children for begging is considered a form of slavery.13 The Special Rapporteur was informed that the Government is working with religious leaders to put an end to this practice. However, in many of the conversations that the Special Rapporteur had in the country, many did not consider forced begging to be a form of slavery. (Paragraph 46) The Special Rapporteur also heard reports of forced early marriages, some of which involved girls trafficked for forced marriages to other countries. This is in direct violation of article 2 of the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, which forbids forced early marriages. (Paragraph 47) Universal Periodic Review (November 2010) 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). (accepted) 92.43. Increase, in accordance with international standards, the minimum age of criminal responsibility, as well as the harmonisation of domestic legislation with international norms in the area of child labour (Mexico). (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee is concerned over of the lack of information by the State party on the incidence of sexual exploitation and sexual abuse of children. The Committee is concerned that the crime of rape has not been clearly defined in domestic legislation and that girls, who have been victims of sexual abuse, are criminalised according to sharia law (including on charges of zina). The Committee recommends that the State party; a. Undertake a comprehensive study to document the number of children victims of sexual exploitation and abuse and to identify the root causes of the problem; b. Carry out awareness-raising educational measures to prevent and eliminate sexual exploitation and sexual abuse; c. Ensure that sexual crimes, including rape, are clearly defined in legislation, including sharia; d. Train professionals, in particular those working with the administration of justice, in order to receive and investigate reported violations in a child-sensitive manner that avoids stigmatising the victim. Child victims should never be criminalised; e. Ensure adequate resources in order to investigate cases of sexual abuse and exploitation in order to prosecute and impose adequate sentences for such crimes; f. Implement a comprehensive policy, with the participation of NGOs, for the prevention, recovery and social reintegration of child victims, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996, 2001 and 2008 World Congresses against Commercial Sexual Exploitation of Children. (Paragraphs 79 and 80) Universal Periodic Review (November 2010) 90.27. Continue its efforts to prevent, penalise 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); (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee is concerned that the Penal Code provides for the imposition of corporal punishment, including whipping and amputation of children. The Committee notes that corporal punishment is forbidden in schools by Ministerial order, however is concerned that it is still widely practised in schools and in the family. The Committee recommends that the State party revise its Penal Code in order to explicitly prohibit corporal punishment by law and enforce the prohibition in all settings, including in the family, the schools and alternative childcare. It also recommends that the State party conduct awareness-raising campaigns to ensure that alternative forms of discipline are used, in a manner consistent with the child’s human dignity and in conformity with the Convention, especially article 28, paragraph 2, while taking due account of the General Comment no. 8 of the Committee on the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (2006). The Committee also recommends the State party to seek technical assistance from UNICEF in order to implement relevant programmes in the school environment. (Paragraphs 40 and 41) Universal Periodic Review (November 2010) 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). (accepted) 92.40. Take measures to reduce trafficking in children, to raise the age of criminal responsibility and to eradicate corporal punishment of children (Norway). (accepted) 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). (accepted) 92.43. Increase, in accordance with international standards, the minimum age of criminal responsibility, as well as the harmonisation of domestic legislation with international norms in the area of child labour (Mexico). (accepted) 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). (accepted) _____________________________________________________________________ Discrimination against women and girls UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee notes as positive that the principle of non-discrimination is incorporated in the Constitution. The Committee is however concerned that de facto discrimination against girls and certain groups of children persists, particularly with regards to children living in slavery or of slave descent, children living in poverty and orphans. The Committee recommends that the State party make combating discrimination against vulnerable groups a national priority. In particular, the Committee recommends the State party to design programmes which enable the girl to access her rights without discrimination and to raise awareness among all stakeholders and society at large of the value of the girl child. The Committee urges the State party to take adequate measures to ensure the practical application of provisions guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and to adopt a comprehensive strategy to combat discrimination on any grounds and against all vulnerable groups, and dedicate particular efforts to eradicate slavery. The Committee requests that information be provided in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the 2009 Durban Review Conference, taking into account General Comment No. 1 (2001) on the aims of education. (Paragraphs 29 to 31) Universal Periodic Review (November 2010) 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). (accepted) 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). (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) While noting that female genital mutilation (FGM) is criminalised by Act No. 2005-015 of 5 December 2005 on the judicial protection of minors, the Committee is concerned that in practice the prohibition is not enforced. The Committee is seriously concerned over the continued high incidence of FGM, affecting some 70 percent of Mauritanian girls. The Committee is furthermore concerned that early marriage remains a common practice and that girls continue to be subjected to forced feeding, gavage. The Committee recommends that the State party strengthen its efforts to enforce the criminalisation of FGM and ensure that it applies in all circumstances. Furthermore, the Committee recommends that an effective preventive strategy against harmful traditional practices, including FGM, early marriage and forced feeding (gavage), be developed in a comprehensive manner in consultation with civil society. Awareness-raising campaigns on the negative effects on the health and self-esteem of children, especially the girl child and her future family, should systematically and consistently be mainstreamed targeting all segments of the society including the different socio-cultural groups, as well as community, traditional and religious leaders. Incentives and support should be provided to families who refuse FGM of their girls. The Committee further recommends the State party to provide retraining, where appropriate, for practitioners of female genital mutilation and support them to find alternative sources of income. Adequate resources be allocated for the above measures, in particular in rural areas. The Committee recommends the State party to seek technical assistance from UNICEF in order to address these concerns. (Paragraphs 61 and 62) UN Committee on the Elimination of Racial Discrimination 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. (Paragraph 19). Universal Periodic Review (November 2010) 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). (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee, while noting that legislation establishes the minimum marriage age at 18 years, is concerned that girls can be married below the age of 18 in accordance with the discretionary powers of a judge. The Committee recommends that the State party take all measures to ensure that the marriage age is 18 years, in accordance with the Personal Status Code of 2001, and that girls and boys are treated equally under the law. (Paragraphs 27 and 28) Universal Periodic Review (November 2010) 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). (accepted) 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). (accepted) _____________________________________________________________________ Low minimum age of criminal responsibility UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee welcomes that the State party has adopted a Juvenile Justice Code in 2005 (Order No. 2005-015) and that certain training activities for professionals have been carried out as well as the construction of new detention facilities, however is concerned that the age of criminal responsibility is too low (7 years). [T]he Committee recommends that the State party; b. Raise the age of criminal responsibility to a minimum of 12 years, with a view to raising the age further in accordance with the Committee's general comment no. 10; (Paragraphs 81 and 82) Universal Periodic Review (November 2010) 92.40. Take measures to reduce trafficking in children, to raise the age of criminal responsibility and to eradicate corporal punishment of children (Norway). (accepted) 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). (accepted) 92.43. Increase, in accordance with international standards, the minimum age of criminal responsibility, as well as the harmonisation of domestic legislation with international norms in the area of child labour (Mexico). (accepted) 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). (accepted) _____________________________________________________________________ Inadequate health provision and high infant and child mortality UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee recognises that infant, under-five and maternal mortality rates have been reduced, however is deeply concerned that these remain very high and that chronic malnutrition affects approximately 35 percent of Mauritanian children. The Committee acknowledges improvements regarding increased vaccination coverage for preventable diseases. The Committee however regrets that the budget allocations for the health sector fluctuate and notes that this impedes progressive realisation of the right to enjoy the highest attainable standard of health. The Committee remains concerned that medical facilities are still primarily concentrated in the urban areas, resulting in exclusion of access to health facilities for parts of the rural population. The Committee recommends that the State party increase its budget allocations for health care by supporting programmes with adequate and clearly allocated resources, while paying particular and urgent attention to mortality rates, vaccination coverage, nutrition status and the management of communicable diseases and malaria. Specifically, the Committee recommends that the State party pay specific attention to the urban/rural divide and target financial allocations in order to address the disparities in access to services. Furthermore, Committee notes with appreciation the tradition in the State party of an overall high level of breastfeeding rates and to maintain this high rate, the Committee recommends State party to adopt the International code for marketing of breast-milk substitutes. (Paragraphs 55 and 56) Universal Periodic Review (November 2010) 90.55. Accelerate efforts to reduce maternal and infant mortality (Azerbaijan). (accepted) _____________________________________________________________________ Inadequate provision for children with disabilities UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee notes as positive that the State party has formulated a national policy for persons with disabilities. The Committee however is concerned that measures are insufficient in order to extend the coverage of assistance and rehabilitation to all children with disabilities, particularly in rural and remote areas. The Committee recommends that the State party, while taking into account the United Nations Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations of the Committee’s Day of General Discussion on children with disabilities (1997), take all necessary measures to; a. Continue raising awareness about children with disabilities, including their rights, special needs and potential, in order to change prevailing prejudices against children; b. Collect adequate disaggregated statistical data on children with disabilities and use such data in developing policies and programmes to promote their equal opportunities in society, paying particular attention to children living in remote areas of the country and to gender differentiation; c. Provide children with disabilities with access to adequate social and health services, as well as, to quality education; d. Ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers are adequately trained. e. Consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol. (Paragraphs 53 and 54) Universal Periodic Review (November 2010) 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). (accepted) 92.3. Ratify the Optional Protocol to CRC on children in armed conflict, the Convention on the Rights of Persons with Disabilities (CRPD). (accepted) _____________________________________________________________________ Inadequate child rights monitoring bodies UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee welcomes the establishment of the National Human Rights Commission in 2006 and information indicating that it has a unit specialised on children’s rights, however is concerned that the Commission lacks resources and is not accessible to children. The Committee recommends that the State party ensure that the National Human Rights Commission complies with the Paris Principles and that its is provided with adequate human and financial resources to receive, monitor and investigate complaints from or on behalf of children on violations of their rights as well as recommend remedies. In this regard, the Committee draws the attention of the State party to its general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child. (Paragraphs 16 and 17) Universal Periodic Review (November 2010) 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). (accepted) _____________________________________________________________________ Unequal access to education and poor quality of education provision UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee welcomes the Act No. 2001-054 on six years of obligatory primary education and recognises the increased budgetary allocations by the State party for the education sector as well as the National Policy for the Development for Young Children and efforts to improve literacy rates among girls. The Committee however remains concerned that primary education is still not guaranteed to be free for all children and over the high illiteracy rates, especially among girls, and over the regional disparities in access to education. The Committee is furthermore concerned over the low transition rates to secondary school and over the large number of school dropouts, overcrowding in classrooms, the limited provisions for vocational training, the insufficient number of trained teachers and available school facilities and the poor quality of education. Finally, the Committee is concerned that monitoring of schools, especially Koranic schools, is insufficient. The Committee recommends that the State party, taking into account its General Comment No. 1 (2001) on the aims of education; a. Ensure that primary education is free (without hidden costs) and accessible and take the necessary measures to ensure that all children are enrolled in primary education; b. Continue to increase public expenditure for education, in particular primary education with specific attention to improving access and addressing gender, socio-economic, ethnic and regional disparities in the enjoyment of the right to education; c. Train more teachers, especially female and improve school facilities, notably water and sanitation, including separate facilities for boys and girls, in particular in rural areas; d. Strengthen efforts to improve the retention rates of children in education by strengthening efforts to improve and monitor the quality of education; e. Undertake additional efforts to ensure access to adaptable informal education of high quality to vulnerable groups; including children living in poverty, street children, child domestic labourers, orphans, children of slave descent, children with disabilities, children affected by and/or infected with HIV/AIDS and refugee and migrant children as well as children in remote and rural areas, inter alia by addressing indirect and hidden costs of school education; f. Further expand pre-school facilities supplied with qualified teachers, and make special attempts to include children from vulnerable and school distant groups at early ages; g. Strengthen vocational training, including for children who have left school before completion; h. Ensure that Koranic schools include a curriculum comparable and compatible to that in force in formal education and ensure complementarity and mutual support between regular primary schools and Koranic schools. Establish mechanisms to improve access of children attending Koranic schools to basic social services (health, primary education, access to drinking water, hygiene and protection). i. Include human rights education as part of the curriculum; j. Seek technical assistance from UNESCO and UNICEF, in particular to improve access to education for girls. (Paragraphs 65 and 66) UN Committee on the Elimination of Racial Discrimination 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. (Paragraph 20). 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. (Paragraph 21). UN Special Rapporteur on racism The officials who met with the Special Rapporteur emphasised the efforts being made to promote all languages and cultures in Mauritania. While they are aware of the polarisation in the past of the black Mauritanian and Arab Mauritanian communities along ethnic lines, they strongly deny the existence of language policies that might give an advantage to a particular community and encourage social polarisation. The Minister of Education for example recalled that since 1999 there has been a single education system for all children, whatever their ethnic or tribal origin. She also drew attention to the current programmes of the Ministry of Education, including the holding in the near future of a national conference on education to review the values and objectives the education system should transmit, and the launching of initiatives aimed at eliminating any discriminatory content from teaching materials. The Minister likewise stressed the importance, in the context of the voluntary return of Mauritanian refugees from Senegal, of developing an educational strategy to fashion a common history based on a feeling of belonging and on the acceptance by all communities of the unity of the Mauritanian nation. (Paragraph 40) During his visit to the deprived El-Mina neighbourhood in Nouakchott, the Special Rapporteur met with women from the Pular and Soninke communities, who described their social marginalisation, leading in particular to difficulties in access to decent housing; lack of drinking water and electricity; problems of access to school for their children; and obstacles caused by their poor command of Arabic. That visit highlighted for the Special Rapporteur the overlap between the distribution of socio-economic marginalisation and that of ethnic communities; he was told that certain ethnic communities were increasingly being squeezed into specific areas of the capital, and that the black Mauritanian population in particular was increasingly concentrated in the most disadvantaged areas. (Paragraph 51) Universal Periodic Review (November 2010) 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). (accepted) 90.59. Continue to increase budgetary allocations in the area of the access of children to education (Azerbaijan). (accepted) _____________________________________________________________________
Country visit: 24 October to 4 November 2009
Report published: 24 August 2010
Country visit: 20 to 24 January 2008
Report published: 16 March 2009
Country visit: 24 October to 4 November 2009
Report published: 24 August 2010
Country visit: 24 October to 4 November 2009
Report published: 24 August 2010
Last reported: 9 to 9 August 2004
Concluding Observations issued: 10 December 2004
Last reported: 6 to 9 August 2004
Concluding Observations issued: 10 December 2004