Mauritania 2023 Human Rights Report

Executive Summary

There were no significant changes in the human rights situation in

Mauritania during the year.

Significant human rights issues included credible reports of: arbitrary or

unlawful killings, including extrajudicial killings; harsh and life-threatening
prison conditions; arbitrary arrest or detention; arbitrary or unlawful
interference with privacy; serious restrictions on freedom of expression and
media freedom, including unjustified arrests of journalists and enforcement
of a criminal blasphemy law to limit expression; substantial interference
with the freedom of peaceful assembly and freedom of association; serious
government corruption; extensive gender-based violence, including
domestic or intimate partner violence, sexual violence, female genital
mutilation/cutting, and other forms of such violence; laws criminalizing
consensual same-sex sexual conduct between adults, which were not
enforced; crimes involving violence or threats of violence targeting lesbian,
gay, bisexual, transgender, queer, or intersex persons; and the existence of
the worst forms of child labor.

The government took steps to identify, investigate, prosecute, and punish

officials who may have committed abuses, but some officials acted with

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impunity. Civil society organizations objected to the scant number of

indictments handed down by authorities.

Section 1. Respect for the Integrity of the Person

a. Arbitrary Deprivation of Life and Other Unlawful or

Politically Motivated Killings

There were several reports that the government or its agents committed
arbitrary or unlawful killings, including extrajudicial killings, during the year.
On February 9, local media reported the killing of well-known human rights
activist Soufi Ould Cheine while in detention at Nouakchott’s Dar Naim 2
police station. On February 12, the public prosecutor announced autopsy
results confirming that Cheine, a member of the Haratine community that
was historically exploited in slavery, sustained fractured cervical vertebrae
and indicia of strangulation, noting these injuries were likely the result of
police brutality. Authorities arrested and formally charged the police
commissaire and seven other officers present at the police station the night
of the killing. Three other individuals were placed under judicial supervision.
On September 14, the Nouakchott Criminal Court referred the 11 individuals
to trial, which had not been scheduled at year’s end.

On May 28, police arrested Oumar Diop in Nouakchott alleging that Diop, a
member of the minority sub-Saharan Peul community, was engaged in a
physical altercation with two other persons before he was arrested. Several
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hours after the arrest, police informed Diop’s relative he had died from
health complications while in police custody. Following news of Diop’s
death, protests in several cities decried police brutality and discrimination
against the country’s Black population. The prosecutor’s office requested an
independent autopsy by a forensic expert based in Morocco, who concluded
Diop died of a heart attack with acute damage to the central nervous system
related to use of cocaine and alcohol. Following the autopsy, prosecutors
closed the case with no charges filed. Diop’s family contested the autopsy
results and claimed police killed Diop.

On May 30, police shot and killed Mohamed Lemine Ould Samba, a member
of the Haratine community, while he was participating in a protest following
the death of Oumar Diop. According to police, Samba attempted to
forcefully enter a police station and an officer shot him in response. On
June 2, a prosecutor instructed municipal services to bury Samba without
the consent of his family. Samba’s family stated they would continue to
seek justice despite government pressure to accept financial compensation
from the state to close the case. Authorities did not conduct an official
investigation into Samba’s death.

b. Disappearance

There were no reports of disappearances by or on behalf of government

authorities.

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c. Torture and Other Cruel, Inhuman, or Degrading

Treatment or Punishment, and Other Related Abuses

The constitution and law prohibited such practices, but there were credible
reports that government officials employed them.

The National Mechanism for Prevention of Torture (MNPT), an independent

government body charged with investigating allegations of torture,
conducted regular visits to prisons and police stations. Following an
investigation into the detention conditions of Soufi Ould Cheine, on
February 14 the MNPT declared his death was a result of physical abuse and
torture.

On May 8, a video widely distributed on social media showed two police

officers violently beating a youth in front of a large group at a beach in
Nouakchott. The government did not take any action to punish the alleged
perpetrators of this violence.

Complaints filed with the courts for allegations of torture were submitted to
police for investigation. The government continued to deny the existence of
“unofficial” detention centers, although nongovernmental organizations
(NGOs) and the United Nations pointed out their continued usage. Neither
the MNPT nor the independent National Human Rights Commission (CNDH)
directly addressed the existence of these locations.

Impunity was a serious problem within the security forces, particularly

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among the General Group for Road Safety, the National Guard, and the
National Police. Politicization, widespread corruption, and ethnic tensions
between security forces controlled by Beydane, ethnic Arabs known locally
as “White Moors,” and Haratine and other Black sub-Saharan communities
were primary factors contributing to impunity. Cases of abuse were
routinely investigated internally by security forces themselves without
referring them to judicial authorities, indicating a certain level of impunity
within security forces. Nonetheless, authorities sometimes took steps to
refer cases to criminal courts.

Prison and Detention Center Conditions

Prison conditions remained harsh and life threatening primarily due to gross
overcrowding and inadequate sanitary conditions.

Abusive Physical Conditions: Prisons remained severely overcrowded. For

example, the Directorate of Penal Affairs and Prison Administration
maintained that the country’s largest prison, Dar Naim, held approximately
three times the number of inmates than its designed capacity.

Poor plumbing contributed to the inadequate sanitary conditions. In some

institutions, including Dar Naim prison, toilets were unusable, and inmates
used containers to relieve themselves.

Administration: Authorities permitted prisoners to file allegations of abuse

with the CNDH and the MNPT. The government typically investigated these

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allegations. Government regulations also allowed inmates to elect one

representative for dealing with the prison administration, and prisoners
occasionally made use of this opportunity.

Independent Monitoring: The government permitted prison and detention

center visits by NGOs, diplomats, and international human rights observers.
The CNDH and MNPT conducted regular as well as unannounced visits to
prisons and detention centers.

d. Arbitrary Arrest or Detention

The constitution prohibited arbitrary arrest and detention and provided for
the right of any person to challenge the lawfulness of their arrest or
detention in court. The government did not always observe these
requirements.

Arrest Procedures and Treatment of Detainees

The law required that a suspect be brought before a judicial officer and
charged with a crime within 48 hours; authorities generally did not respect
this right. With few exceptions, individuals could not be detained for more
than 48 hours without evidence, although prosecutors could extend the
period for an additional 48 hours in some cases. Because nonbusiness days
were not counted within this 48-hour maximum period, police sometimes
arrested individuals on a Wednesday or Thursday to keep them in custody
for a longer period. Persons detained on terrorism charges could be held in

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custody for as long as 45 days. Only after the prosecutor submitted charges
did a suspect have the right to contact an attorney. By law, indigent
defendants were entitled to an attorney at state expense, but legal
representation was frequently either unavailable or attorneys did not speak
the defendant’s language and defendants were not always provided
interpretation services. Legal aid offices were provided for by law and
helped victims and defendants access available legal resources. Judges
sometimes arbitrarily refused requests for bail or set inordinately high bail
amounts.

Arbitrary Arrest: During the year authorities arbitrarily arrested and

detained protesters, human rights activists, and journalists.

On April 20, police arrested investigative journalist Saleck Zeid following a

Facebook post in which he criticized security forces for their inefficiency. On
April 24, he was released without charges after being forced to delete his
posting.

e. Denial of Fair Public Trial

The constitution and law provided for an independent judiciary, and the
government generally respected judicial independence and impartiality.
Nevertheless, the executive branch continued to exercise significant
influence over the judiciary through its ability to appoint and remove judges.
Authorities did not always respect or enforce court orders. Observers

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generally perceived judges to be corrupt, unskilled, and subject to social and

tribal pressures.

Trial Procedures

The law provided for the right to a fair and public trial, and the judiciary
generally enforced this right. Defendants, including the indigent, had the
right to legal counsel, but authorities generally did not respect this right.

Defendants did not always have access to free interpretation in courts.

Where free interpretation was available, it was often of poor quality or not
to the standards of professional legal translation. Legal aid and lawyer
services were often not easily accessible to persons from the country’s
primarily Black marginalized communities.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

f. Transnational Repression

Not applicable.

g. Property Seizure and Restitution

Not applicable.

h. Arbitrary or Unlawful Interference with Privacy, Family,

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Home, or Correspondence

The constitution prohibited such actions, but there were numerous reports
that the government failed to respect these prohibitions. For example,
authorities reportedly often entered homes without judicial or other
appropriate authorization.

Section 2. Respect for Civil Liberties

a. Freedom of Expression, Including for Members of the

Press and Other Media

The constitution provided for freedom of expression, including for members

of the press and other media, but the government arbitrarily and selectively
applied regulations to suppress individuals or groups of individuals who
opposed government policies.

Freedom of Expression: Individuals were generally free to criticize the

government publicly but were occasionally subject to retaliation. The
constitution and law prohibited racial or ethnic propaganda; however, the
government sometimes used these provisions against political opponents,
accusing them of “racism” or “promoting national disunity” for speaking out
against the underrepresentation in government of marginalized populations,
particularly Haratines and sub-Saharan groups. On July 26, police arrested
and detained opposition blogger Hameda Abdellahi after a Facebook Live

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streaming in which he criticized the government. Hameda was released

after four days in custody. Following his release, he continued to post
similar content on Facebook Live posts.

In 2021, the government adopted a law criminalizing criticism and

derogatory comments of the country’s national symbols, including the flag,
the national anthem, Islam, and the president. The law reinforced and
expanded previous laws and decrees by including specific references to the
use of digital media (e.g., social media, WhatsApp messages, voice
messages, and photographs). The law caused widespread controversy prior
to its adoption, and many NGOs and human rights activists declared the law
unduly restricted freedom of expression. On July 22, parliamentarian
Mohamed Bouya Ould Cheikh Mohamed Fadel read aloud in parliament text
attributed to Maria Loubeid, a student detained on blasphemy charges after
she wrote critical words regarding the Prophet Muhammad in her national
exam document. In his remarks, Bouya replaced the name of the Prophet
Muhammad with that of the president to evoke a response from his fellow
parliamentarians, accusing them of being more inclined to tolerate insults
against Muhammad than those against the president. On July 31,
parliament lifted his immunity and police arrested him for contravening the
symbols law. Bouya was granted provisional release on November 2.

Violence and Harassment: Some journalists were subjected to violence,

harassment, or intimidation by authorities. There were cases of arbitrary
arrest and detention of journalists during the year.
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Libel/Slander Laws: The law prohibited blasphemy, which was punishable

by death, although the government had never carried out the death penalty
for the crime. On July 3, during the grading of an exam attributed to Maria
Loubeid, a Haratine student, the examiner read and later published on social
media her essay text that contained alleged insults to the Prophet
Muhammad. The post went viral, and many Muslim leaders demanded that
the identity of the author be revealed and legal action be taken. On July 18,
Atar police arrested Loubeid as the suspected author of the text. On July 26,
she was charged with “offending the Prophet” and “use of social media to
harm the fundamental and sacred principles of Islam.” She remained in
detention awaiting trial at year’s end.

Actions to Expand Freedom of Expression, Including for Members of the

Press and Other Media: The government increased the fund dedicated to
support media outlets from 20 million ouguiya ($512,800) to 33.8 million
ouguiya ($888,300), distributed among 362 media outlets. The government
opened these funds to newspapers, radio stations, private TV stations, and
websites; the government previously gave these funds only to newspapers.

Internet Freedom

The government sometimes disrupted access to the internet and arrested

persons for expressing political or religious views online that criticized the
government. Most of the activists and journalists were arrested based on
the content of their social media postings. From March 6 to 12, the

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government shut down the internet due to security concerns following the
escape of four terrorists from Nouakchott’s central prison. On May 31, the
government cut the internet for several days during protests following the
death of Oumar Diop. Also, from June 19 to 22 and July 24 to 25, authorities
imposed intermittent cuts to combat cheating during national school exams.
On several occasions, the government forced individuals to remove posts on
social media that they deemed in violation of the symbols law.

There was no evidence the government monitored private online

communications without appropriate legal authority.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provided for freedom of peaceful assembly and
association, but the government sometimes restricted these freedoms.

Freedom of Peaceful Assembly

The constitution provided for freedom of peaceful assembly and the

government generally respected this right. The law required NGO
organizers to apply for permission to hold large meetings or assemblies.
Authorities usually granted permission but, on some occasions, denied it for
reasons that NGOs claimed were politically motivated. Security forces were
sometimes violent in dispersing protesters. In the wake of Oumar Diop’s
death, protesters demonstrated in several cities, and the army and National
Guard were deployed to restore public order.

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On May 24, police forcefully broke up a peaceful sit-in in front of a police

station following the arrest of an NGO organizer, detaining 19 persons.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at

https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement and the Right to Leave the

Country

The constitution and law provided for freedom of internal movement,

foreign travel, emigration, and repatriation. The government generally
respected these rights, with some exceptions.

In-country Movement: NGOs reported persons without identity cards could

not travel freely in some regions, particularly Nouakchott. Government
security and safety measures included frequent use of mobile roadblocks
where gendarmes, police, or customs officials checked the papers of
travelers.

e. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner

for Refugees (UNHCR), the International Organization for Migration, and
other humanitarian organizations in providing protection and assistance to

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refugees, returning refugees, or asylum seekers, as well as other persons of

concern. Resources provided by the government were inadequate to meet
the assistance needs of these populations.

Access to Asylum: The law did not provide for granting of asylum or refugee
status. UNHCR carried out refugee status determinations under its mandate
and then presented cases to the National Consultative Commission on
Refugees for recognition.

In accordance with international agreements on freedom of movement, the

government allowed nationals of West African states to remain in the
country for up to three months, after which they were required to apply for
residency or work permits.

Under a 2003 agreement with Spain, authorities received deported

migrants, including its citizens and third-country nationals, presumed to
have transited the country en route to Spain’s Canary Islands. The
government immediately processed and transported these migrants to the
Senegal and Mali borders without systematically screening for vulnerabilities
or allowing international organizations to offer protective services.
Authorities were, however, reportedly responsive to international
organization requests for screening when civil society actors identified
potential victims among the migrants.

Abuse of Refugees and Asylum Seekers: There were allegations authorities

detained some migrants without due process, placed unaccompanied
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children in detention with adults, abused migrants during arrest and

detention, and failed to provide access to adequate facilities, including food
and sanitation.

Access to Basic Services: All refugees received a UNHCR identity card that,
in principle, allowed them to work, obtain a SIM card, and rent an
apartment, among other benefits, but some documented refugees reported
they could not always access employment or other public services.

f. Status and Treatment of Internally Displaced Persons

(IDPs)

Not applicable.

g. Stateless Persons

The country contributed to statelessness, including through discriminatory

denationalization and with birth registration problems. Thousands of sub-
Saharans who were returned to the country from Senegal following their
mass expulsion between 1989 and 1991 were legally stateless. Many
children born out of wedlock faced difficulties obtaining civil status
documents, since authorities required proof of identity from both parents.
Child and women survivors of hereditary slavery were especially impacted,
and some were unable to comply with legal requirements to establish
paternity and obtain civil registration. In July, the government launched a

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registration campaign to allow unregistered persons to receive civil status

papers before the campaign closed on December 31. The campaign aimed
to reach more than 100 communities across the country, particularly in
remote locations. As of November, the government reported it had
registered more than 320,000 previously undocumented individuals, and
estimated there were several hundred thousand individuals remaining to be
registered.

Section 3. Freedom to Participate in the Political

Process

The constitution provided citizens the ability to choose their government in

free and fair periodic elections held by secret ballot and based on universal
and equal suffrage.

Elections and Political Participation

Abuses or Irregularities in Recent Elections: National elections were widely

reported by international observers to be generally fair and free of major
abuses and irregularities.

Political Parties and Political Participation: There were some restrictions

on the ability of political parties to register. By law all registered political
parties were required to obtain at least 1 percent of votes in two
consecutive elections to continue to operate legally and receive government

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funding, and this decree continued to limit the overall number of political
parties that could participate in the political process. As a result, the
number of political parties dropped from 25 to 20 following the May
elections.

Two political parties, the Progressive Forces for Change and the Rally for
Global Action, claimed they had complied with all administrative
requirements to register, but both parties remained unregistered.

The government took some steps, including the adoption of affirmative

action policies, to address the ethnic disparity in political leadership. The
Beydane accounted for an estimated 30 percent of the population but
occupied approximately 80 percent or more of government leadership
positions; Haratines constituted at least 45 percent of the population but
held fewer than 10 percent of the positions; and the various sub-Saharan
ethnic groups (Halpulaar, Soninke, and Wolof) constituted an estimated 25
percent of the population but accounted for fewer than 10 percent of
leadership positions.

Participation of Women and Members of Marginalized or Vulnerable

Groups: Traditional and cultural factors restricted women from
participating in political life on an equal basis with men. Traditional and
cultural factors also prevented persons with disabilities and lesbian, gay,
bisexual, transgender, queer, or intersex (LGBTQI+) persons from
participating in political life on the same basis as nonminority citizens. To

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limit the impact of these factors and to ensure the presence of young
persons in decision-making positions, the government introduced an 11-seat
national candidate list alternating between men and women younger than
age 35 that would serve to promote both youth and women’s
representation. Two seats on the list were reserved for persons with
disabilities. Similarly, a 30 percent quota in parliament was reserved for
women.

Section 4. Corruption in Government

The law provided criminal penalties for corruption by government officials,

but authorities did not implement the law effectively, and officials often
engaged in corrupt practices with impunity. There were numerous reports
of government corruption during the year.

Corruption: Corruption was a serious problem in public administration,

although the government sometimes held officials accountable. There were
reports government officials used their power to obtain personal favors,
such as unauthorized exemption from taxes, special grants of land, and
preferential treatment during bidding on government projects. Corruption
was most pervasive in government procurement but was also common in
the distribution of official documents, fishing and mining licenses, and land
distribution, as well as in bank loans and tax payments. During the year, the
government dismissed approximately 23 officials for engaging in corrupt
practices. Authorities ordered those fired to reimburse the amounts they
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allegedly embezzled within one month to avoid being put in pretrial

detention, but these demands were not always fully enforced.

On January 25, former President Mohamed Ould Abdel Aziz and 10 alleged
collaborators, including former Prime Ministers Mohamed Salem Ould
Béchir and Yahya Ould Hademine, former Minister of Oil Taleb Ould Abdi
Vall, former Director General of the state mining company Mohamed
Abdellahi Ould Oudaa, and former President of the Nouadhibou Free Trade
Zone Authority Mohamed Ould Daf, were tried on corruption charges. The
trial revealed the extent of corrupt practices and breaches of economic
transparency during the former president’s rule, including allegations
related to work carried out in the private residence of the former president
at taxpayer expense, a controversial contract for installation of solar
streetlamps awarded to a Chinese company, and illicit trafficking in gold and
foreign currencies by members of the former president’s family, among
other examples of corruption. On December 4, Aziz was found guilty of illicit
enrichment and money laundering and sentenced to five years in prison.
Five of the president’s codefendants were convicted and five were
acquitted. On December 12, Aziz appealed the conviction.

For additional information concerning corruption in the country, please see

the Department of State’s Investment Climate Statement for the country,
and the Department of State’s International Narcotics Control Strategy
Report, which includes information on financial crimes.

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Section 5. Governmental Posture Towards

International and Nongovernmental Monitoring and
Investigation of Alleged Abuses of Human Rights

Several domestic and international human rights groups operated without

government restrictions to monitor and investigate human rights conditions
or cases and publish their findings. Government officials were often
cooperative and responsive to their views and requests for information.
Several domestic and international groups also reported evidence during the
year of a continued change in attitude under the new government, citing
statements by government human rights bodies calling attention to
international laws and conventions protecting human rights, as well as an
increased willingness to work with human rights groups.

On August 31, the Commissariat for Human Rights, Humanitarian Action,

and Relations with Civil Society (CDHAHRSC) signed a partnership protocol
with several civil society organizations active in the fields of human rights
and the fight against slavery and human trafficking, including SOS-Esclaves,
Sahel Foundation, and 11 other organizations. The agreement aimed at
strengthening partnership with civil society organizations, especially in
supporting a CDHAHRSC awareness campaign to fight against slavery and
human trafficking.

Some human rights groups faced challenges or restrictions in conducting

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their work, particularly those investigating cases of slavery and slavery-

related practices. For example, authorities sometimes denied NGOs access
to prosecutors’ offices or to alleged victims while investigating possible
slavery or slavery-related cases. On October 29, the NGO Initiative for the
Resurgence of the Abolitionist Movement organized a sit-in in front of the
court of Aioun in Hodh El Gharbi to denounce court proceedings opened on
land tenure related to hereditary slavery.

Retribution against Human Rights Defenders: On September 15,

Senegalese authorities arrested and extradited to Mauritania Youba Ould El
Ghoth, an antislavery human rights activist. The Mauritanian government
alleged Youba discussed a subject that officials considered as harming
national unity and social cohesion in a leaked WhatsApp recording. On
November 9, the Nouakchott West Court convicted Youba and sentenced
him to four years in prison with two years suspended. Youba appealed the
decision but remained incarcerated at Nouakchott central prison at year’s
end.

Government Human Rights Bodies: The CDHAHRSC designed, promoted,

and implemented national human rights policies. The CDHAHRSC managed
government and internationally funded human rights and humanitarian
assistance programs. The CDHAHRSC was considered effective, and
although funded by the government, independent. Separate from the
government-run CDHAHRSC, the CNDH, an independent ombudsperson
organization, included government and civil society representatives and
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actively monitored human rights conditions and advocated for government

action to correct abuses. The CNDH produced an annual report on human
rights topics, conducted regular investigations, including prison and police
detention center facility visits, conducted information caravans throughout
the country to combat hereditary slavery, and made recommendations to
the government.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalized rape of women but not
men. It did not criminalize spousal and domestic or intimate partner rape
and other forms of domestic and sexual violence, including so-called
corrective rape of LGBTQI+ persons. Single men accused of rape faced
penalties of imprisonment, forced labor, and whipping; married men
accused of rape were subject to the death penalty, although this penalty
was last enforced in 1987. The government increasingly enforced the law
and issued prison sentences for convicted rapists, but prosecutions
remained unevenly applied. Nevertheless, as in years past, wealthy rape
suspects reportedly avoided prosecution or, if prosecuted, avoided prison.
It was common for the families of rape survivors to reach an agreement with
the perpetrator in the form of monetary compensation. Spousal abuse and
domestic violence were illegal, but there were no specific penalties for

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domestic violence. The government did not enforce the law effectively, and
convictions were rare.

Survivors of rape were often discouraged from reporting the crime because
they themselves could be jailed for having intercourse outside of marriage
or deported for lack of identity documents. Reliable data on gender-based
violence remained sparse, and the situation of children and women
survivors of abuse was poorly documented. The subject remained taboo
due to social mores and traditional norms, which often called for survivors
to be rejected by their family and society.

On September 14, a young woman from the Trarza region was subjected to
a gang sexual assault committed by several men who filmed the assault.
The alleged perpetrators were arrested but were ultimately released and
the case closed following mediation with the survivor.

Police and the judiciary occasionally intervened in domestic abuse cases, but
women rarely sought legal redress, relying instead on family, NGOs, and
community leaders to resolve their domestic disputes. NGOs reported that,
in certain cases, they sought police assistance to protect survivors of
domestic violence, but police declined to investigate.

Female Genital Mutilation/Cutting (FGM/C): The law prohibited FGM/C of

any kind, and it was punishable by imprisonment and a monetary fine.
Authorities seldom applied the law due to lack of awareness of the law and
traditional and religious beliefs surrounding the practice. According to the
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results of the 2019-21 Demographic and Health Survey carried out by the
National Statistics Office in close collaboration with the Ministry of Health,
64 percent of women ages 15 to 49 and 45 percent of girls ages 0 to 14 had
undergone FGM/C. Approximately 58 percent of these took place before
age five.

The Ministry of Social Affairs, Childhood, and Family continued to track the
more than 2,000 traditional health providers who abandoned the practice of
FGM/C to ensure they would not start the practice again.

Other Forms of Gender-based Violence or Harassment: Traditional forms

of mistreatment of women continued to decline but persisted. One of these
was the forced feeding of adolescent girls prior to marriage, practiced by
some Beydane families. Some girls were forced to eat up to 16,000 calories
a day for two months or face physical punishments from family members.
According to NGOs, doctors continued to perform so-called virginity tests,
particularly in cases of rape and sexual violence. There were no laws against
sexual harassment. Women’s NGOs reported that sexual harassment was a
common problem in the workplace.

Discrimination: The law provided for the same legal status and rights for
women as for men. According to the National Observatory of the Rights of
Women and Girls, women suffered from limited political participation and
lack of access to decision-making circles. The observatory reported that
women represented only 29 percent of administrative governmental

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positions, 21.4 percent of ministerial positions, 6 percent of walis

(governors), 0.31 percent of judges, and 0 percent of regional health
directors.

Women faced other forms of legal discrimination. Women were not treated
equally to men during court proceedings due to sharia being the basis for
trial procedures. According to sharia as applied in the country, the
testimony of two women was required to equal that of one man in all cases.
The courts granted only one-half as large an indemnity to the family of a
woman victim as that accorded to the family of a male victim. The personal
status code provided a framework for the consistent application of secular
law and sharia-based family law, but judicial officials did not always respect
it. There were legal restrictions on women’s employment, such as
limitations on working in occupations deemed dangerous and certain
industries, including mining and construction.

Women had legal rights to property and child custody, and better educated
and urbanized women were more likely to exercise these rights.
Nevertheless, women in general had fewer legal rights than men.

Reproductive Rights: There were no reports of coerced abortion or

involuntary sterilization on the part of government authorities.

Social and cultural barriers significantly limited access to contraception,

including misinformation that contraception caused cancerous diseases,
death, or infertility. Contraceptives were not widely available in health
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centers, and some religious fatwas prohibited the use of contraception

without the husband’s permission. For unmarried women, stigma impeded
access to contraception. According to the 2019-21 Demographic and Health
Survey, the contraceptive prevalence rate for women older than 19 was 14
percent and 8.9 percent for girls ages 15 to 19, but many women lacked
access to those services because of cost or lack of availability in rural areas.
Social stigma and conservative sociocultural factors limited access to
information and health services, particularly for adolescents.

The government provided limited access to sexual and reproductive health

services for survivors of sexual violence. A unit in the Maternity and Child
Center in Nouakchott treated women and girls who were survivors of sexual
violence. This unit also provided women emergency contraception to
prevent pregnancy and postexposure prophylaxis after cases of rape. Access
to these services was uncommon outside of Nouakchott, and even when
services were available, women were often discouraged by their family from
seeking assistance after incidents of sexual violence.

According to the government’s 2019-21 Demographic and Health Survey,

the maternal mortality rate for the seven years preceding the survey was
424 deaths per 100,000 births. The high maternal mortality rate was due to
a lack of medical equipment, few programs promoting prenatal care for
mothers, births without the assistance of health professionals, poor
sanitation, malnutrition, and high rates of adolescent pregnancy. FGM/C
was a significant problem and contributed to maternal morbidity. In 2020,
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the UN Population Division estimated the birth rate among adolescents (girls
ages 15 to 19) to be 67 per 1,000. Child marriage contributed to the high
adolescent birth rate.

Girls’ access to education was affected by pregnancy and motherhood

status, since many girls who became pregnant dropped out of school to care
for their child either voluntarily or because of social stigmatization.

Systemic Racial or Ethnic Violence and Discrimination

The law provided that all citizens, regardless of race or ethnicity, were equal.
Nevertheless, Haratines and sub-Saharans often faced discrimination from
the country’s Beydane community. Police often tolerated discrimination
towards Haratines and sub-Saharans because the security services were
largely controlled by Beydane.

Haratine and sub-Saharan ethnic groups faced governmental discrimination,

while members of the Beydane ethnic group received governmental
preference. Haratine and sub-Saharan citizens often faced difficulty
obtaining documents necessary to have access to basic social services such
as health care and education.

Racial and cultural tension and discrimination also arose from the
geographic, linguistic, and cultural divides between Moors (Beydane and
Haratine) – who, while historically representing a mix of Berber, Arab, and
sub-Saharan descent, largely identified culturally and linguistically as Arab –

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and the sub-Saharan non-Arab minorities. Historically, the Beydane

enslaved the Haratine population; Haratines continued to suffer from the
legacy of centuries of slavery and present-day slavery practices. Beydane
tribes and clans dominated positions in government and business far
beyond their proportion of the population. As a group, the Haratines
remained politically and economically weaker than the Beydane, although
they represented the largest ethnocultural group in the country. The
various sub-Saharan ethnic groups, along with the Haratines, remained
underrepresented in leadership positions in government, industry, and the
military.

The government took steps to mitigate the economic factors that

contributed to systemic racial and ethnic discrimination and to promote
social cohesion. On September 4, the government launched a program to
provide free health insurance to retired port laborers, most of whom were
Haratines living in Nouakchott’s poorest neighborhoods. On September 29,
the General Delegate for National Solidarity and the Fight against Exclusion
launched a project to build 378 housing units in Nouadhibou for needy
families. This launch also included the distribution of 6,000 health insurance
cards to vulnerable families.

Children

Birth Registration: The government required proof of marriage and

biological parents’ citizenship for children to obtain a birth certificate. As a

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result, children of Haratine and sub-Saharan individuals faced more

difficulties in accessing documents. Children born out of wedlock were
prevented from being registered at birth. Failure to register could result in
denial of some public services, such as education.

Education: Children from both Haratine and sub-Saharan families were

more likely to leave school early than other children because of a lack of civil
registration papers or problems with the language of instruction; some sub-
Saharan children did not speak Arabic, which was the primary language of
instruction.

Child Abuse: There were laws against child abuse, although authorities
rarely enforced them. Authorities also rarely investigated allegations of
child abuse in homes or schools. On May 11, the Aleg Court of Appeal
acquitted Amadou Hassinou for lack of evidence on allegations of the rape
of a girl in 2018. The survivor’s lawyer reportedly appealed the court’s
decision, and the case remained under judicial proceedings at year’s end.

Child, Early, and Forced Marriage: The legal age of marriage was 18 but
authorities rarely enforced the law, and child marriage remained prevalent,
primarily in rural areas. Child marriages were often unregistered with the
government. Despite the law, local authorities reportedly often granted
parents permission for their underage children to marry. Nonetheless, the
government continued to work to combat child marriage and implement
programs with international organizations and partners.

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Sexual Exploitation of Children: The law prohibited sexual relations with a

child younger than age 18, with penalties of six months to two years in
prison and a fine. Possession of child pornography was illegal, with
penalties of two months to one year in prison and a fine. The law prohibited
the sale, grooming, or use of children for commercial sexual exploitation,
including sex trafficking. Some human rights NGOs asserted the laws were
not properly enforced.

Antisemitism

There was no known Jewish community, and no known incidents of

antisemitism.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at

https://www.state.gov/trafficking-in-persons-report/.

Acts of Violence, Criminalization, and Other Abuses Based

on Sexual Orientation, Gender Identity or Expression, or
Sex Characteristics

Criminalization: Under sharia, which was applied in the country, consensual

same-sex sexual activity between men was punishable by death if witnessed
by four individuals; similar activity between women was punishable by three

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months to two years in prison and a fine. The government did not enforce
the law.

Violence and Harassment: LGBTQI+ persons were sometimes harassed and

arbitrarily arrested and detained by the National Police, the General Group
for Road Safety, community members, and family. According to an LGBTQI+
NGO, conditions for LGBTQI+ persons were better than in previous years,
noting less harassment by public authorities and an increased ability to meet
discreetly without difficulties. LGBTQI+ persons still believed it safer to keep
their sexual orientation, gender identity or expression, or sex characteristics
private. At least two members of the LGBTQI+ community claimed to be
frequently subjected to police harassment and brutality; both were arrested
in 2020 for attending a birthday party widely covered on social media but
inaccurately labeled a “gay wedding.” This social media exposure prevented
them from securing employment.

Discrimination: No laws protected LGBTQI+ persons from discrimination

based on sexual orientation, gender identity or expression, or sex
characteristics. LGBTQI+ persons faced discrimination in education,
employment, health care, and housing because of their sexual orientation.
LGBTQI+ identity was rarely publicly identified or discussed, which observers
attributed to the severity of the stigma and legal penalties attached to it.

Availability of Legal Gender Recognition: Legal gender recognition was not

available.

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Involuntary or Coercive Medical or Psychological Practices: There were no

reported cases of involuntary or coercive medical or psychological practices
targeting LGBTQI+ individuals during the year. There were no known
reports of medically unnecessary and irreversible surgeries performed on
children or on nonconsenting adult intersex persons.

Restrictions of Freedom of Expression, Association, or Peaceful Assembly:

Public demonstration of LGBTQI+ status or identity was taboo, and freedom
of association was restricted. While organizations that promoted the
human rights of LGBTQI+ persons were not permitted officially, informal
organizations were tolerated when operating discreetly. In view of the
social stigmatization associated with LGBTQI+ identity, most LGBTQI+
persons hid their identities to avoid problems with family, friends, or
government authorities.

Persons with Disabilities

The law prohibited discrimination against persons with physical, sensory,

intellectual, and mental disabilities. The law provided for access to
information and communication, and to existing public buildings through
retrofitting and future buildings through amendments to the building code.
Authorities did not enforce these laws effectively. Persons with disabilities
generally did not have access to education, health services, public buildings,
and transportation on an equal basis with others.

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According to the CDHAHRSC, the government took some measures,

including the creation of seats reserved for persons with disabilities in
parliament and a 5 percent quota reserved for persons with disabilities in
the labor market. In addition, the government provided educational
scholarships to more than 700 children with disabilities.

Private discrimination in employment and occupation, housing, and health

care was common. Children with disabilities attended school through
secondary education at a significantly lower rate than other children.

Other Societal Violence or Discrimination

Like other minority groups, the law protected persons with albinism from
discrimination, but authorities did not enforce the law. Persons with
albinism were reportedly discriminated against in the workplace, and
employers tended not to hire persons with albinism. This practice was
particularly prevalent in the service and restaurant industry.

Persons with HIV and AIDS were often isolated due to societal taboos and
prejudice associated with the disease but were gradually becoming more
accepted within society and by the government.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective

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Bargaining

The law allowed all workers, except members of police, armed forces, and
foreign and migrant workers, to form and join independent unions of their
choice at local and national levels and provided for the right to conduct legal
strikes and to bargain collectively. Other provisions and laws severely
restricted or excessively regulated these rights. The government did not
effectively enforce laws that allowed for unions to conduct strikes.

Prior approval by authorities was required before a union could be

recognized. The public prosecutor was required to authorize all trade
unions before they could obtain legal status. The public prosecutor could
provisionally suspend a trade union at the request of the Ministry of Interior
if its officials believed the union did not comply with the law. The law also
provided that authorities could initiate legal proceedings against union
leaders who undermined public order or made false statements. This law
authorized administrative authorities to dissolve, suspend, or deregister
trade union organizations unilaterally.

Noncitizens did not have the right to become trade union officials unless
they had worked in the country and in the profession represented by the
trade union for at least five years. Labor unions were required to obtain
government authorization to hold labor elections. Despite previous
promises, the government had not authorized union elections since 2014.

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Bargaining collectively at the national level required previous authorization

or approval by the president, who decided how collective bargaining was
organized. No such authorization was required for collective bargaining at
the company level. The minister of labor, public service, and modernization
of the administration could call for bargaining among employers,
employees, labor unions, and the government. In addition, the ministry was
entitled to take part in the preparation of collective agreements. The law
provided that the meeting had to occur 15 days following a statement of
nonagreement between parties. Some public service employees not
governed by existing legislation had simple collective agreements but not
the full range of collective bargaining rights.

The law provided for the right to strike, except for those working in services
deemed essential. Aggrieved parties were required to follow complex
procedures before conducting a strike. If negotiations between workers and
employers failed to produce an agreement, the case was referred to the
Court of Arbitration. If the court failed to broker a mutually satisfactory
agreement, workers were required to wait up to four additional months
before they could legally strike, and the union was required to submit
official notification to the employer that conciliation efforts had broken
down. The government could also dissolve a union for what it considered an
illegal or politically motivated strike. The law prohibited workers from
holding sit-ins or blocking nonstriking workers from entering work premises.
The law required advance notice of one month for civil service unions and at

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least 10 working days in the private sector before a strike. The law provided
the government with authority to determine the legality of a strike but no
right of appeal for unions. The law prohibited certain types of strikes such
as the peaceful occupation of workplaces or their immediate surroundings.

The government did not enforce the law effectively and did not provide
adequate resources for inspections. Penalties for violations of freedom of
association, collective bargaining, and the right to strike were less than
those for analogous violations such as civil rights violations, and authorities
seldom punished violators. The government ordered the reinstatement of
workers who were wrongfully terminated or directed companies to improve
employee benefits and services on several occasions. On September 17, the
Ministry of Labor and Public Service launched a national campaign for the
implementation of labor legislation, which entailed periodic inspection visits
to all companies and institutions subject to labor law to determine the
degree of labor law enforcement. Labor legislation was modified regarding
the increase of bonuses and allowances for civil servants and contractual
agents, such as special liability risk premiums. The government approved an
increase of the minimum wage in December 2022 and included an
obligation for companies to register their employees in the national social
security fund to benefit from a retirement plan. While antiunion
discrimination was illegal, national human rights groups such as Women
Heads of Households and unions reported authorities did not actively
investigate alleged antiunion practices in some private firms. Collective

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bargaining at the company level remained rare.

Registration and strike procedures were subject to lengthy delays and

appeals. Labor ministry officials routinely issued notices calling on all parties
to negotiate. Such notices legally restricted workers from striking for a
period of four months. Workers and unions organized several strikes and,
unlike in previous years, authorities did not employ force to disperse them.

b. Prohibition of Forced or Compulsory Labor

See the Department of State’s annual Trafficking in Persons Report at

https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for

Employment

See the Department of Labor’s Findings on the Worst Forms of Child Labor at
https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/.

d. Discrimination (see section 6)

e. Acceptable Conditions of Work

Wage and Hour Laws: The law provided for a national minimum wage that
was higher than the most recent estimate for the poverty income level. The
law provided that the standard legal nonagricultural workweek could not
exceed either 40 hours or six days per week. Domestic workers and certain
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other categories could work 56 hours per week. There were no legal
provisions regarding compulsory overtime. Alleged violations of wage, hour,
or overtime laws were common in domestic and household work,
agriculture, fishing, and mining sectors. Tacheronnat, a contractual system
of nonbinding daily labor, remained widespread, although it was prohibited
in a 2013 law. Tacheronnat intermediaries were the main recruiters in
several sectors, including extractive industries, multinational companies,
and the water, electricity, and transport sectors.

Occupational Safety and Health: The government set occupational safety

and health (OSH) standards, and in principle workers had the right to
remove themselves from hazardous conditions without risking loss of
employment; however, this was rarely applied. These standards applied
only to the formal sector, and labor inspectors rarely identified unsafe
conditions or responded to workers’ complaints. The International Labor
Organization (ILO) reported that the labor inspectorate was subject to
undue influence by employers and the government, thereby reducing the
effectiveness of inspection activity.

Alleged violations of OSH standards were common in mining, fishing,

industrial, and construction sectors.

Wage, Hour, and OSH Enforcement: The Labor Office of the Ministry of
Labor was responsible for enforcing labor laws but often failed to do so
effectively. Penalties were rarely applied against violators. The number of

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labor inspectors was sufficient for the labor force, and inspectors had the
authority to make unannounced inspections. Despite the ban of the
tacheronnat system, trade union officials believed the subcontracting
system continued to be practiced and negatively impacted the employment
environment. Under this subcontracting practice, companies used private
intermediaries to employ a local workforce under questionable working
conditions including low wages and no benefits. According to trade union
representatives, workers were often powerless, without the possibility to
appeal a dispute. According to trade union workers, more than 2,000 cases
of professional disputes were waiting to be processed before the labor
courts. The ports, construction, and mining sectors were the most affected
by these violations.

The Ministry of Labor was responsible for ensuring OSH standards.

Inspections for OSH were conducted by the same inspectors under the same
authorities as wage and hours. The government did not effectively enforce
OSH laws, and penalties were not commensurate with those for comparable
violations.

According to the ILO, almost two-thirds of the population were not

employed, partly due to the low level of participation of women in the
workforce; more than 56 percent of the working population labored in the
informal sector. The government did not enforce labor laws in the informal
sector.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor