Mauritania Examined by the United Nations (UN)
1. Introduction
In this submission, MENA Rights Group and the Alliance des Orphelins Mauritaniens highlight key human rights concerns in Mauritania in the context of its fourth Universal Periodic Review (UPR).
The report is structured around three main issues:
Persistent restrictions on freedom of opinion and expression, including the use of vague and overly broad legal provisions to suppress dissent;
Lack of accountability for the serious human rights violations committed during the so-called “Passif humanitaire”, largely due to the 1993 Amnesty Law, which continues to foster impunity;
The use of counterterrorism legislation that undermines fundamental safeguards and exposes individuals to arbitrary detention and ill-treatment.
2. Right to Freedom of Opinion and Expression
During the previous UPR, Mauritania accepted several recommendations concerning freedom of expression, while merely noting others relating to freedom of conscience and religion.
A number of legislative provisions continue to impose excessive restrictions on speech, including:
the Law on Discrimination;
the Cybercrime Law;
the Anti-Terrorism Law;
and the Press Freedom Ordinance.
Although Law No. 2011-054 decriminalised some press offences such as defamation against heads of state and ambassadors, Ordinance No. 2006-017 still contains vague provisions, some of which carry prison sentences, and has never been reviewed.
In parallel, despite the decriminalisation of certain press offences, the Criminal Code continues to criminalise acts directly linked to the exercise of free expression, such as apostasy, blasphemy — for which the death penalty has been mandatory since Article 306 was amended in 2018 — and defamation.
Newly adopted restrictive laws
In June 2020, during the Covid-19 pandemic, the National Assembly adopted a law on the dissemination of “false information”, defining “false news” in vague terms and imposing prison sentences of up to four years.
In August 2020, the Special Rapporteur on freedom of opinion and expression warned that the law could allow restrictions based on vague and arbitrary criteria.On 9 November 2021, parliament adopted another controversial bill on the protection of national symbols and the criminalisation of attacks on State authority and citizens’ honour.
Many of its provisions contradict international norms. Criticising the President, the flag, the national anthem, or the armed forces — including on social media — is punishable by two to four years in prison.
Recent examples of violations
On 5 March 2022, authorities prevented the rap group Diam Min Tekky from launching their album “30 ans”, which addressed the Inal massacre and impunity for the Passif humanitaire.
In July 2024, authorities cut mobile Internet access for 22 days following disputes over the 1 July presidential election results, repeating similar blackouts seen in 2019 and during the 2023 baccalaureate exams.
Recommendations
Reform the Criminal Code and other relevant laws to remove vaguely defined offences and ensure full compliance with Article 19 of the ICCPR;
Guarantee uninterrupted Internet access, including during elections and national examinations.
3. Right to Truth and Fight Against Impunity
Between the mid-1980s and early 1990s, during the period commonly referred to as the “Passif humanitaire”, large segments of the Afro-Mauritanian population were subjected to:
summary executions,
torture,
expulsions to Senegal and Mali,
unlawful land expropriations,
and systematic discrimination.
Documented facts
Between October 1990 and mid-January 1991, around 3,000 Afro-Mauritanians, mostly military personnel, were arrested arbitrarily.
Between 500 and 600 were then summarily executed, often following torture and secret detention.
The most emblematic event occurred during the night of 27–28 November 1990, when 28 Afro-Mauritanian soldiers were hanged in Inal, on the eve of Independence Day.
High-ranking military officials, including members of the Comité Militaire de Salut National (CMSN), reportedly participated directly in torture and executions.
The first accounts emerged in March 1991 following the release of several survivors after a presidential pardon.
The 1993 Amnesty Law
In 1993, Law No. 93-23 granted full amnesty to security forces for violations committed between 1 January 1989 and 18 April 1992.
It also ordered that all complaints, reports, and investigative documents relating to this period be dismissed.
During the last UPR, Mauritania rejected Belgium’s recommendation to repeal this law and establish an independent truth and reconciliation mechanism.
Officials involved still in office
Several high-ranking officers implicated in these violations remained in service and still hold influential positions, including:
Ely Zayed Ould M’Bareck, initially selected to lead the MINUSCA “Bangui Joint Task Force” before being recalled;
Mohamed Ould Meguett, elected President of the National Assembly on 19 June 2023.
The Committee on Enforced Disappearances recently expressed concern:
that the 1993 Amnesty Law could apply to enforced disappearances;
and that individuals suspected of serious violations still occupy public positions, sustaining a climate of impunity.
Recommendations
Repeal the 1993 Amnesty Law;
Establish an independent Truth and Reconciliation Commission mandated to investigate all violations committed during the Passif humanitaire.
4. Human Rights and Counter-Terrorism
During the last UPR, only one recommendation — from Chad — addressed the need to revise Article 3 of Law No. 2010-035 on counter-terrorism. Mauritania merely noted the recommendation.
Article 3 contains a particularly vague definition of terrorism, including acts that “pervert the fundamental values of society” or “destabilise the constitutional, political, economic or social institutions of the Nation.”
Excessive pre-trial detention
While the Code of Criminal Procedure provides for 48-hour police custody, renewable once, individuals accused of terrorism may be held in custody for 45 days without judicial review and without access to legal counsel.
Such a regime significantly heightens the risk of torture and ill-treatment.
Although Law No. 2015-033 on the prevention of torture guarantees all fundamental safeguards from the moment of deprivation of liberty, the Committee on Enforced Disappearances noted that the procedural safeguards of the counter-terrorism, corruption, and drug laws are applied in priority over anti-torture protections.
Recommendations
Ensure that all procedural safeguards under the anti-torture law apply without discrimination to all persons deprived of liberty;
Guarantee the right of access to a lawyer from the moment of arrest;
Amend the 2010 Anti-Terrorism Law to bring it fully in line with international human rights standards.
Discrimination
