Systemic Racism and a Culture of Impunity in Mauritania
Enacted in 1993, Mauritania’s Law No. 93-23, commonly referred to as the “Amnesty Law,” granted sweeping immunity to those responsible for the gross human rights violations that occurred during the period known as the Passif Humanitaire (1989-1991). This law specifically prevents the prosecution of state agents—including military personnel, police, and government officials—implicated in crimes such as extrajudicial executions, torture, arbitrary detention, and enforced disappearances of Black Mauritanians.
The law’s provisions effectively closed all pathways to accountability within the national legal system, barring victims and their families from seeking justice or reparations through Mauritanian courts. By shielding perpetrators, the law institutionalized impunity and ensured that the crimes committed during this dark chapter of Mauritania’s history would go unpunished.
Amnesty Law 93.23: Institutionalizing Impunity Since 1993
Mohamedo Ould Maguett
This individual stands as a stark symbol of the pain endured by the victims of the November 1990 atrocities, embodying the systemic oppression and brutality of the ethnic cleansing campaign against Black Mauritanians. His continued impunity and ascent to power not only deepen the unresolved trauma of survivors and families but also underscore Mauritania’s failure to confront these injustices, denying accountability and justice at every level.
Mohamed Ould Meguett, a senior officer in the Mauritanian military during the 1990-1991 campaign of ethnic cleansing, is alleged to have played a pivotal role in serious human rights violations targeting Black Mauritanians. He is accused of being directly involved in the execution and torture of approximately 600 Black Mauritanian soldiers, the majority of whom were from the Fulani, Soninke, and Wolof ethnic groups. These acts were part of a systematic campaign aimed at eliminating perceived threats to Arab-Berber dominance. Eyewitnesses and survivors have directly implicated Ould Meguett in overseeing these atrocities, including the assassination of Lieutenant Tambadou Abdoulaye, a Black officer. His name is also associated with the atrocities at Inal barracks, where, on November 28, 1990, 28 Black soldiers were hanged during a grim Independence Day “celebration.” Testimonies from survivors claim Ould Meguett was present, giving orders and participating in acts of torture and dehumanization.
Despite extensive evidence and credible testimonies, Ould Meguett has never been held accountable. Instead, he has been actively protected by the Mauritanian government, which has obstructed independent investigations and enforced Amnesty Law 93.23, granting immunity for crimes committed between 1989 and 1992. His subsequent rise to influential positions, including President of the National Assembly, exemplifies the entrenched culture of impunity in Mauritania. Ould Meguett’s alleged involvement in the atrocities of 1990-1991, particularly targeting Black Mauritanian soldiers from the Fulani, Soninke, and Wolof communities, underscores systemic racial violence and the government’s ongoing refusal to address these historical injustices, denying victims and their families the justice they deserve.
Impact on Victims and Their Families
For the thousands of families who lost loved ones or were forcibly displaced, the Amnesty Law has compounded their suffering. It not only denies justice but also perpetuates a lack of closure for families seeking information about the fate of their loved ones. Many victims’ bodies remain in unmarked mass graves, and the government has provided little to no information about their locations, further deepening the trauma of surviving relatives.
The law also obstructs efforts to reclaim dignity and honor for those accused and executed under fabricated charges, such as participation in the alleged 1990 coup plot. Victims’ families are left without legal recourse to challenge the injustices or to hold the state accountable for reparations beyond superficial financial compensation.
The International Response
The Amnesty Law has been widely criticized by international human rights organizations and supranational bodies. In 2000, the African Commission on Human and Peoples’ Rights (ACHPR) declared that Mauritania’s refusal to prosecute those responsible for atrocities violated international human rights standards. The ACHPR recommended that the Mauritanian government repeal the law, establish independent investigations, and ensure reparations for victims and their families.
In 2023, the United Nations Committee on Enforced Disappearances echoed these calls, emphasizing that the Amnesty Law directly conflicts with Mauritania’s obligations under international treaties, such as the International Convention for the Protection of All Persons from Enforced Disappearances. The Committee explicitly recommended that Mauritania repeal Law No. 93-23 and ensure that no legal barrier prevents the prosecution of those responsible for enforced disappearances or other serious violations.
“It’s widely recognized that there is no peace without development and no development without peace; it is also true that there is no peace and sustainable development without respect for human rights.”
Antonio Guterres
A Tool for Perpetuating Silence
The Amnesty Law has also served as a political tool to suppress dissent and silence survivors and activists advocating for justice. By framing the law as a mechanism for “national reconciliation,” the government has sought to portray any push for accountability as a threat to peace and unity. This narrative has discouraged public discourse on the atrocities and created a climate of fear for those seeking truth and justice.
The presence of individuals like Ould Maguett in high-ranking positions underscores how the law facilitates the continued marginalization of Black Mauritanians and emboldens perpetrators of past atrocities. It sends a clear message that crimes committed by the state or its agents will be protected, regardless of their severity or the impact on affected communities.
Repealing the Law: A Step Toward Justice
Repealing Law No. 93-23 is an essential step toward justice and reconciliation in Mauritania. It would open the door to prosecuting those responsible for atrocities during the Passif Humanitaire, uncovering the truth about mass graves, and returning the remains of victims to their families. The repeal would also signal a commitment to ending systemic impunity and restoring faith in the rule of law.
However, repealing the law alone is not enough. It must be accompanied by robust judicial reforms to ensure independent and impartial investigations, protections for witnesses and survivors, and the establishment of mechanisms to guarantee reparations and public acknowledgment of the atrocities. Without these steps, the shadow of the Amnesty Law will continue to loom over Mauritania, hindering any meaningful progress toward justice and reconciliation.