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Mauritania - Universal Periodic Review

UPR 37, January 19, 2021
Recommendations by Canada

Background

Several changes have been made by the Government of Mauritania since its last UPR appearance, including progress in promoting reproductive health, particularly in family planning, as well as combatting female genital mutilation (FGM). The Mauritanian government has proposed a national law on gender-based violence and created a National Observatory of Women's and Girls' Rights in July 2020.

Despite these positive steps, important challenges remain. Different forms of sexual assault are insufficiently defined in Mauritanian law. This absence of a legal framework notably prevents women and girls who are victims of violence from being adequately protected when they report an assault. Since non-marital consensual sexual relations are criminalized, women and girls may be charged if the judiciary system considers the sexual act to be consensual. Although the Mauritanian government approved a draft law on gender-based violence in March 2016, it has not been passed by parliament.

In addition, the prevalence of early marriage and FGM continues to raise concerns. Although a law exists prohibiting damage to children's genital organs, shortcomings remain, including the lack of protection for women over the age of 18. Early marriage persists, with one-third of Mauritanian girls married before the age of 18, according to UNICEF. Despite the existence of laws criminalizing these practices, significant efforts are still needed to ensure their effective implementation. Furthermore, gender inequalities persist in the Nationality Code, with women not being able to confer their nationality on the same basis as men. 

Another challenge concerns the protection of civil society. While the draft Law on Associations, Foundations, and Networks presented to parliament in September 2020 is an improvement over existing legislation, the text contains some provisions contrary to the freedom of association.

Recommendations

Thank you, Madam President.

Canada welcomes the positive steps taken by Mauritania to promote reproductive health, combat female genital mutilation and cooperate with the Office of the United Nations High Commissioner for Human Rights.  

Canada recommends that Mauritania:

1. Adopt a law on violence against women and girls to effectively protect victims of violence.
2. Adopt a law criminalizing female genital mutilation, considering the importance of a multi-sectoral approach based on gender equality, health, and human rights, and take steps to increase support to service providers who ensure the medical and psychosocial care of survivors.
3. Revise its Nationality Code to allow for equality between men and women in granting nationality and the civil registration of children.
4. Amend its draft Law on Associations, Foundations, and Networks to bring it into conformity with existing international standards on fundamental freedoms, particularly freedom of association.

Canada further urges Mauritania to impose a moratorium on executions with the view to abolish the death penalty.