COMMITTEE ON THE PROTECTION OF THE RIGHTS OF MIGRANT WORKERS CONSIDERS THE INITIAL REPORT OF MAURITANIA

The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families this morning concluded its consideration of the initial report of Mauritania on its implementation of the provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

Presenting the report, Cheikh Tourad Ould Abdel Malick, Commissioner for Human Rights and Humanitarian Action of Mauritania, said that Mauritania had adopted in 2010 a national strategy for the management of migration, which had allowed it to address migration through constant dialogue among all stakeholders, to take migration into account for development policies, and to control its borders. Mauritania had strengthened the capacity of concerned national authorities, organized awareness-raising campaigns and carried out training on combatting trafficking in children. Forty-seven border control units had been established and connected. Migrant workers and members of their families had access to legal aid, birth registration services, education, training services, employment, health, culture and housing.

During the discussion, Experts welcomed Mauritania’s efforts to adopt a set of legislation in line with the Convention and other international human rights instruments, but regretted a general lack of implementation, of awareness-raising and of training for professional staff. The Committee was deeply concerned about the exploitation of foreign children forced to beg in streets, and urged the Government to step up its efforts in that regard. Experts were concerned about the high cost of resident permits, which seemed unaffordable for migrants. They asked a number of questions on measures taken to ensure the protection of foreign nationals, and expressed deep concerns about 900 Mauritanian women reportedly facing forced labour in a Gulf country. Experts also asked for information on access to justice, health and education for migrants, the role of civil society organizations and Mauritania’s cooperation with neighbouring countries.

In concluding remarks, Cheikh Tourad Ould Abdel Malick, Commissioner for Human Rights and Humanitarian Action of Mauritania, expressed his satisfaction at the constructive dialogue held with the Committee, which would allow Mauritania to better understand the challenges it faced. He thanked all Committee Members for their observations, and assured of his Government’s commitment to implement their recommendations.

In his concluding remarks, Jose Brillantes, Chairperson of the Committee, thanked the delegation and encouraged the Government to implement recommendations to be issued by the Committee.

The delegation of Mauritania included representatives of the Office of the Prime Minister, the Ministry of Foreign Affairs and Cooperation, the Ministry of Public Servants, Labour and Administration Modernization, the Ministry of Social Affairs, Childhood and Family, the Ministry of Interior and Decentralization, the Office of the Commissioner for Human Rights and Humanitarian Action, and the Permanent Mission of Mauritania to the United Nations Office at Geneva.

The Committee will reconvene today at 3 p.m., to start its consideration of the initial report of Lesotho (CMW/C/LSO/1).

Report

The initial periodic report of Mauritania can be read here: CMW/C/MRT/1.

Presentation of the Report

CHEIKH TOURAD OULD ABDEL MALICK, Commissioner for Human Rights and Humanitarian Action of Mauritania, presenting the report, said that Mauritania placed human rights at the core of its policies through institutional, legal and judicial measures. Mauritania had ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families in 2008 and had taken necessary measures and adopted legislation for its implementation, including laws pertaining to labour, social security, migration and human trafficking. In 2010, the Government adopted a national strategy for the management of migration, which was the result of inclusive consultations with civil society organizations and other partners. This strategy focused on four topics: the legal framework on migration; migration and development; the promotion of the rights of migrants, refugees, internally displaced persons and asylum seekers; and the management of migratory flows. This strategy had allowed the Government to address migration through constant dialogue among all stakeholders, to take migration into account for development policies, and to control its borders in accordance with Mauritania’s bilateral and multilateral agreements.

With regards to the protection of migrants, refugees, internally displaced persons and asylum seekers, Mauritania had strengthened the capacity of concerned national authorities, organized awareness-raising campaigns and carried out training on combatting trafficking in children. Forty-seven border control units had been established and connected. The Government had published the text of the Convention in a special issue of the national gazette, and had organized training and seminars for relevant stakeholders, including law enforcement personnel and civil society organizations. The National Commission for Human Rights, civil society organizations and trade unions had also participated in the implementation of the Convention and in its dissemination. The Convention was directly applicable before domestic courts, and had priority over national laws. Moreover, migrant workers and members of their family had access to legal aid, reparation and rehabilitation. Measures had also been adopted to combat child labour and protect children from exploitation. Migrant workers and their families also had access to birth registration services, and children born in Mauritania could demand the Mauritanian citizenship at their majority. They had the same entitlement to access to schools and to take exams. Access to education, training services, employment, health, culture and housing was also open to migrant workers.

Questions by the Experts

KHEDIDJA LADJEL, Member of the Committee and Country Co-Rapporteur for Mauritania, welcomed the fact that Committee Members had been consulted for the preparation of Mauritania’s report. Issues remained, showing that the situation of migrant workers in Mauritania was not fully in line with the Convention. Eighty per cent of migrant workers did not have permits, nor the necessary means of paying the fee to obtain it. Permits were extremely costly, she noted, and salaries of migrant workers were very low. The legal framework seemed to ignore the diaspora, she regretted, pointing at the difficulties faced by Mauritanian women abroad, particularly those living in the Gulf region where they faced trafficking and exploitation. She also noted the existence of senators who had the responsibility for dealing with the community living abroad, and requested clear information regarding the role and cooperation between actors working on migration issues. She then expressed concern about limitations to the right of migrant workers to have access to a lawyer, as well as restrictions in access to justice for those who did not speak Arabic or French. Could detained migrant workers contact their families abroad? Continuing, the Expert noted with concern allegations of torture against detainees, and the fact that women, men and children in detention were not separated. What was the delegation’s assessment of the number of children born in Mauritania from foreign mothers? Ms. Ladjel expressed concerns about children facing risks of trafficking and exploitation, and raised questions about migrant children’s access to education. Unaccompanied children were reportedly sent out begging, which raised questions regarding the effectiveness of protection centres. What had been done to ensure adherence to Mauritania’s commitment to combat abuses in the context of domestic labour?

AHMADOU TALL, Member of the Committee and Country Co-Rapporteur for Mauritania, while welcoming Mauritania’s positive efforts to protect the rights of migrant workers, noted the importance of discussing remaining challenges. He invited the delegation to go beyond what was written in its legislation and to present practical measures and describe the situation on the ground. He asked how Mauritanian workers and their family members living abroad were informed of consular services provided to them, and about their rights under the Convention. He also asked what measures had been taken to ensure equitable and healthy working conditions for migrant workers and their families. He requested information on regulations and measures relating to the transfer of assets from migrant workers to their families. Mr. Tall also asked what mechanisms had been established to combat exploitation and smuggling of migrants. He echoed concerns regarding allegations of torture in detention facilities, and asked for figures on the number of related cases identified and dealt with by the authorities, and for information on proceedings and condemnation of perpetrators. How many migrant workers had benefited from free legal aid? Despite its direct applicability and the Government’s dissemination efforts, the Convention seemed not to be invoked before the courts. There were also reports of mass expulsions of migrants, the Expert said. According to sources, the National Human Rights Commission was not independent, and did not support migrant workers and their family members.

Turning to the first round of questions, Experts welcomed Mauritania’s will to adopt a human rights-based approach to migration, and commended the quality of its initial report. The Experts asked whether migrant associations had been included in the preparation of the State party’s report.

On applicability, an Expert noted that most legislation on migration was enacted prior to the ratification of the Convention by Mauritania, and asked whether the provisions of the Convention prevailed over national laws, and whether the Convention could be directly invoked by non-citizens.

Experts noted that Mauritania had become a host country, and welcomed the establishment of registration mechanisms for migrants and the adoption of a biometric system, but regretted the high cost of residence permits.

An Expert asked what policies were in place to promote migrants’ access to employment, while another Committee Member requested information on the occupations held by migrant workers in Mauritania. Migrants and domestic workers in Mauritania may face a language barrier, an Expert noted, asking what measures had been implemented to provide them with support. An Expert asked whether foreigners could work as taxi drivers in Mauritania.

An Expert asked what had been done to address the issue of religious migration.

With regards to trafficking and exploitation, an Expert asked whether specific measures had been taken to protect talibé children? Experts noted the importance of border management to prevent smuggling, and asked what regional cooperation Mauritania had engaged in.

Was there a mechanism charged with the collection of statistics on the situation of migrant workers?

Experts noted the low population density of Mauritania, and asked how the Government was ensuring that its policies reached remote areas.

With regards to Mauritanians living abroad, Experts asked what measures were taken to encourage Mauritanians abroad to return and invest in Mauritania. Was there any follow-up mechanism for Mauritanians working in the Gulf region? What had been done to ensure their right to vote?

Replies by the Delegation

Civil society was not directly involved in drawing up the report, the delegation said. The Inter-Ministerial Technical Committee had been entrusted with this task. Civil society organizations had however produced alternative reports which were presented yesterday to the Committee. Contacts were nevertheless held with associations of migrant workers in Mauritania. Grants were allocated to projects by non-governmental organizations (NGOs) supporting migrants. Some 50 initiatives had received funding, and 20 of them were already being implemented.

Mauritania was governed by the rule of law, and there was no violence nor discrimination against migrants. It was important that NGOs backed up any allegations with evidence. There was also no discrimination in terms of border control. The only distinction that was made was the distinction between citizens of countries needing a visa to enter Mauritania, and those who did not.

Turning to the domestication of the Convention, a delegate recalled that Mauritania’s monist system ensured that the provisions of international instruments were directly applicable and had superiority over the laws.

The law foresaw the registration of all civil events, including birth, marriage and death. Irregular migrants could have their children registered according to normal procedures. Births had to be declared within 45 days, and registration was then automatic. After this delay, a court had to carry out the registration. There was an ongoing project to strengthen the coverage of automatic registration.

A 2012 decree foresaw that many Mauritanian diplomatic missions could register children of Mauritanians living abroad, and could ensure their right to vote. Measures had been taken to inform them of their rights, and to ensure their protection. Women living in Saudi Arabia had not been required to inform the authorities about their travel, and went there willingly. A recent agreement had been signed with Saudi Arabia so that any workers going there were fully informed of their rights.

Residency cards were necessary to stay in Mauritania for more than 90 days. When a foreign national was in an irregular situation, he or she would be apprehended by the authorities, and his or her consulate would be informed. Apprehended foreigners were kept in detention centres before being taken back to the border.

The Government had a National Employment Strategy, which would set up a Labour Monitoring Centre. The Labour Code was currently being reviewed in light of Mauritania’s international commitments.

There was a strong legal arsenal to protect children from child labour, and measures had been taken on that issue in partnership with development agencies. The issue of talibé children was a long-standing tradition in West African countries. The Government had taken measures to put an end to this practice. It had first of all ratified the Convention on the Rights of the Child and its two protocols, as well as the ILO conventions on child labour. The Government had established support centres throughout the country for children with disabilities, and had carried out awareness-raising. As a result, many children had been brought back to schools or back to their families in neighbouring countries.

Freedom of belief was guaranteed, and people could practice their religion without any obstacles. The legislation guaranteed respect for cultural identity, and there was no prohibition on related activities.

The Government had statistics concerning the number of foreigners officially registered and with residency cards.

A national decree protected refugees and their status, and had created a body to ensure their protection. There were 50,000 refugees from Mali in Mauritania, most of them in a camp managed by the United Nations Refugee Agency (UNHCR) in the south of the country. Among them, 700 were asylum seekers. The Government managed the needs of these refugees the best it could.

As to border control, the delegation noted that Mauritania was a country of origin, of transit and of destination for migrants. The strategy for dealing with migration had focused on the creation of border control posts, with trained staff in charge of monitoring the borders. The results of this strategy was positive, borders were more secure and there had been a drop in smuggling. Border control and combatting transnational crime required collaborative efforts among neighbouring countries. Mauritania was working with Mali and Senegal to ensure that people could move easily across borders, while guaranteeing security. Other agreements had been concluded with European Union Member States, including Spain.

There were supply contracts with pharmacies as part of a strategy aiming to strengthen the funding of healthcare. Nationals and foreigners had equal access to health services.

English-speaking migrants had set up their own schools to ensure that their children received education in English, with a view to be able to work in their country of origin when they would return there. There were no statistics on the number of migrant children enrolled in Mauritanian schools. Education was free for everyone.

With regards to access to justice, Mauritania had allocated a budget for free legal aid. A specific law on legal aid had been voted in last September, which foresaw a general budget fund available for paying the expenses of legal aid. Migrants therefore did not have to work to access this service. Free legal aid to foreigners was subjected to reciprocity, meaning that Mauritanians abroad had to be provided with free legal aid as well. There would be no trial without legal representation. Migrants had the right to a lawyer as soon as they were detained. Police officers were obliged to contact a lawyer for defending persons they had in detention. Some police officers had been sanctioned because they failed to respect their obligations towards detainees. There were 243 detained migrants in the country, including eight women.

Arabic and French were the two official languages. Wolof and Pulaar languages were also spoken, meaning that migrant workers from West Africa had no trouble being understood. There was no issue here, the delegation said. Interpreters were made available during court proceedings.

Mauritania would consider whether or not to ratify the Optional Protocol to the Convention. Migrant workers could lodge complaints to the African Court on Human and Peoples’ Rights as well as to national institutions.

Questions by the Experts

AHMADOU TALL, Member of the Committee and Country Co-Rapporteur for Mauritania, welcomed the delegation’s efforts to provide the Committee with specific answers and examples of the reality on the ground. He asked whether units that recruited migrant workers to send them abroad still existed. As Mauritania was an Islamic State, begging was tolerated, the Expert noted. There needed to be a paradigm shift with regards to child begging, which constituted a form of exploitation contrary to the Convention and to other international human rights instruments. Children being sent out to streets faced high risks of abuse and exploitation. He also regretted the lack of political will to empower women to work in higher positions in institutions dealing with migration, including detention centres and prisons.

KHEDIDJA LADJEL, Member of the Committee and Country Co-Rapporteur for Mauritania, echoed Mr. Tall’s concerns about child exploitation. She then referred to fishing markets in the country, and noted the harsh working conditions of migrant workers there.

A Member of the Committee reiterated concerns as regards family reunification, and asked for information taken to overcome obstacles to this right.

With regards to the legal framework, an Expert welcomed that Mauritania had adopted good legislation harmonized with its international commitments. What was lacking, however, was implementation, awareness-raising and training of civil servants. She noted that Mauritania had ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and asked whether Mauritania would soon establish a monitoring mechanism for detention places. Another Expert asked whether the delegation could share some court rulings in which national legislation had been put aside in favour of the Convention.

An Expert noted that Mauritania had a gender equality problem, and asked whether the Government was planning to take affirmative measures to ensure the participation of women in public institutions.

Experts reiterated their concerns about 800 or 900 Mauritanian women held in slavery in a Gulf State. This information had been brought to the Committee’s attention by international trade unions.

An Expert asked what had been done to ensure that migrant children received education in their own language.

Experts noted that the State’s monopoly for employment agencies had been revoked, and asked for information on activities and regulations of private employment agencies.

Replies by the Delegation

Begging was a social phenomenon which existed in West Africa, the delegation said. The majority of children involved were foreign nationals who had been illegaly smuggled. The Government had set up a specific programme a few years ago seeking to reintegrate these children. The Government was committed to tackle this phenomenon. Child begging was clearly a crime.

There were women working in female prisons, but they were not responsible for guarding prisoners.

Mauritania had promulgated a law to domesticate the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and was in the process of appointing members of an independent institution for the prevention of torture.

There were no private employment agencies in Mauritania, the delegation said. The fact that the Government no longer had a monopoly meant that such agencies could appear in the future. Travel agencies however were misused to place people with jobs abroad. Those agencies had now been closed and those in charge had been tried.

Concluding Remarks

CHEIKH TOURAD OULD ABDEL MALICK, Commissioner for Human Rights and Humanitarian Action of Mauritania, in concluding remarks, expressed his satisfaction at the constructive dialogue held with the Committee, which would allow Mauritania to better understand the challenges it faced. He thanked all Committee Members for their observations, and assured of his Government’s commitment to implement their recommendations.

JOSE BRILLANTES, Chairperson of the Committee, thanked the delegation and encouraged the Government to implement recommendations that would be issued by the Committee.


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