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COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF MAURITANIA
28 May 2009
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Committee on the Rights of the Child
28 May 2009
The Committee on the Rights of the Child today reviewed the second periodic report of Mauritania on how that country is implementing the provisions of the Convention on the Rights of the Child.
Introducing the report, Mohamed Ould Ely Telmoudy, Secretary-General of the Ministry of Social Affairs, Childhood and Family Affairs of Mauritania, said the Government paid special attention to social policies. The creation of the Ministry of Social Affairs, Children and Family Affairs, responsible, inter alia, to promote, coordinate and implement strategies and actions for the promotion and protection of children, was a new measure taken in this regard. The legal framework had been improved in order to establish a juvenile justice system which was based on the application of the ordinance on the criminal protection of the child and the law of personal status. The court system was strengthened to ensure a basic standard of care for children involved in legal proceedings.
On health reform, Mr. Telmoudy said that vaccines were 100 per cent covered by the Government, and that polio had been eradicated in the country in 2007. With regard to equity in education, girls accounted for 50.3 per cent of the primary school students and 46.2 per cent of secondary school students. The Government had identified strategic directions for identifying the problem of protecting children against abuse and exploitation. These guidelines, he said, were based in particular on the ongoing development of a national policy to protect children.
In preliminary concluding remarks, Committee Expert Marta Mauras Perez, who served as Co-Rapporteur for the report of Mauritania, said she could not provide any specific conclusions yet as the rich dialogue merited some thought on both sides. She congratulated the delegation on the significant progress made; the codification and legislation being implemented concerning human rights was considerable. There were a number of outstanding issues relating to compatibility between ideas rooted in legal systems associated with Sharia law or customs and practices, however steps could be taken to smooth the distances and disparities which remained, which included the definition of the child. Progress in education was undoubtedly there, and increased access for the girl child to education, however, the quality of education, funding and subsidies remained issues on the table to be addressed.
During the discussion, Committee Experts raised a series of questions pertaining to, among other things, low birth registration rates; vaccinations; the criminalization of female genital mutilation; education drop-out rates and measures taken to encourage continuing education, especially for girls who often left school to become domestic workers; the general reservations imposed on the implementation of the Convention; the application of customary, Sharia and modern law; health care facilities and services available for children and adolescents; migrant children and their families; civil rights and freedoms, in particular, the right to assembly, privacy and access to information for children; how the Government was dealing with missing empirical data; the independence of the National Human Rights Commission; access without discrimination to education; public and private investment in education; subsidies for poor families; and corporal punishment in schools.
The Committee will release its formal, written concluding observations and recommendations on the report of Mauritania towards the end of its three-week session, which will conclude on 12 June 2009.
The delegation of Mauritania also included representatives of the Ministry of Justice; Ministry of Social Affairs, Children and Family Affairs and the Permanent Mission of Mauritania to the United Nations Office at Geneva.
As one of the 193 States parties to the Convention, Mauritania is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes on Friday, 29 May, at 10 a.m., it will consider the initial report of Slovenia under the Optional Protocol on children and armed conflict (CRC/C/OPAC/SVN/1) and the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/SVN/1).
Report of Mauritania
According to the second periodic report of Mauritania (CRC/C/MRT/2), it is estimated that there are hundreds of thousands of mines and other unexploded ordnance in the Mauritanian territory, a legacy of the Sahara conflict. The two regions most seriously affected are Dakhlet Nouadhibou and Tiris Zemour in the north of the country. These two regions alone have an area of 310,000 square kilometres and 294,000 persons at risk. According to the Landmine Monitor Report, 346 persons were killed and 239 were injured, 580 animals were killed, and 33 vehicles destroyed in the period between 1978 and 2005. Pursuant to the Convention on the Prohibition of the Use, Stockpiling, Production and Transport of Anti-Personnel Mines and on their Destruction, Mauritania adopted a plan of action to locate and destroy all the mines in the national territory by 2011. The programme is being carried out by the National Office for Humanitarian Mine-Clearance and has the support of UNDP, UNICEF and international non-governmental organizations. The National Office is also implementing, in collaboration with UNICEF, an education component concerning the hazard represented by the mines with the aim of delivering a message about safe behaviour to the affected communities and continuing the training of non-governmental organization outreach workers and involving them in the education activities.
According to the demographic and health survey in Mauritania, 71 per cent of women stated that they had undergone excision. Almost three quarters of Mauritanian women between the ages of 15 and 49 have suffered excision. The rate varies widely between ethnic groups and it is also less common in urban than in rural areas. However there has been a decline in this practice during the last 15 years. This practice is in retreat as a result of the information and awareness-raising campaigns conducted in the departments concerned to highlight the harmful effects of excision on the health of girls and women. Awareness-raising campaigns on the implications of female genital mutilation for girls’ and women’s health are carried out on a regular basis. Doctors and imams are making their contribution to the dissemination of information about this harmful practice and its effects on health and to make it clear that female genital mutilation has no basis in religion. Article 12 of the order on the juridical protection of children of Mauritania prohibits any interference with the sexual organ of a girl child and prescribes severe penalties for this practice. Furthermore, a programme on the promotion of human rights has been formulated and is being implemented in order to put an end to female genital mutilation, which has been condemned by Mauritanian ulemas. This work is being backed by a strategy of eradicating the practice by means of designating 6 February every year as the day of zero tolerance of female genital mutilation.
Presentation of Report
MOHAMED OULD ELY TELMOUDY, Secretary-General of the Ministry of Social Affairs, Childhood and Family Affairs of Mauritania, said that in recent years Mauritania had experienced positive change which provided a platform for the improvement of human rights in the country. Notable progress had been made, in particular the setting up of a ministerial department focused on social protection for the child and the family. The institutional dynamics aimed at strengthening human rights had also been beefed up. In particular, these measures improved the coordination between civil society and other relevant institutions and Government departments. The Government paid special attention to social policies, especially in the protection of persons with disabilities, including the adoption of an ordinance in 2006 on the promotion and protection of the rights of persons with disabilities and the adoption of a bill authorizing the promulgation of the Convention on the Rights of Persons with Disabilities and its Optional Protocol. The creation of the new Ministry of Social Affairs, Children and Family Affairs, responsible, inter alia, to promote, coordinate and implement strategies and actions for the promotion and protection of children was also a new measure taken in this regard. He also stressed that those measures had been strengthened by taking into account children in the process of revising the Strategic Framework for the fight against poverty. Furthermore, he noted the creation of a Commissioner for Human Rights and Humanitarian Action, an institution which would address children in addition to issues of human rights, humanitarian aspects, including emergencies and the coordination of civil society.
On judicial reform, Mr. Telmoudy said the legal framework had been improved in order to establish a juvenile justice system which was based on the application of the ordinance on the criminal protection of the child and the law of personal status. In this context, he stressed that the court system was strengthened to ensure a basic standard of care for children involved in legal proceedings. Further, he explained that the rehabilitation of these children would be strengthened even more with the creation of a detention centre in the capital of Nouakchott, which was designed to be a semi-open detention facility, allowing for entry and exit privileges. Construction on the facility began on 28 April 2009. In addition to the multiplicity and diversity training workshops for children, this centre also provided each child with a life project that would assist in the reintegration of that child into society.
On health reform, Mr. Telmoudy said that vaccines were 100 percent covered by the Government, and that polio had been eradicated in the country in 2007. Additionally in the last two years there was improvement in hospital services, with an increase of seven new hospitals. Financial grants to the Ministry of Health were increased, and a hospital for new mothers and their children was created, which served as a specialized hospital for children.
On progress made in the field of education, Mr. Telmoudy noted that the total enrolment rate at the primary level was 95.1 per cent in 2007-2008. With regard to equity, girls accounted for 50.3 per cent of the primary school students and 46.2 per cent of secondary school students. He said that the implementation of the national policy on early childhood development, adopted in 2005, had seen significant progress, particularly in the care system and education. The Government together with partners had doubled the host capacity of training centres and had improved training for teachers in schools.
The Government had identified strategic directions for identifying the problem of protecting children against abuse and exploitation. These guidelines, he said, were based in particular on the ongoing development of a national policy to protect children. The Government also intended to implement a strategy for integration and social advancement of street children. Moreover in 2007, a center of protection and social integration of children was created. The Government established strategic guidelines to protect children: capacity building of all stakeholders, family stability, social welfare, and integration and advancement of street children, implementing coordination so that there was a real synergy of efforts. Mr. Telmoudy said the Government would continue to aim towards working to bring the provisions of the Convention in harmony with national legislation, with an aim to improve primary education and to reduce child and infant mortality, among other things.
Questions by Experts
JEAN ZERMATTEN, the Committee Expert serving as Co-Rapporteur for the report of Mauritania, noted that there had been a lot of progress made in Mauritania since the last review. Examples were the law of 3 September 2007 on the criminalization of slavery which was a major issue in the country, and the law of July 2003 punishing all actions of exploitation of persons. The educational system had also been reformed through the 10-year Educational Plan, and the completed revision of the Poverty Framework. Even though the Committee had noted that there were problems in the implementation of the Convention, the Government of Mauritania had ratified the Convention on the Rights of Migrants, the two International Labour Organization Conventions 138 and 132, the African Charter on the Rights and Well-Being of the Child in 2005, as well as its Optional Protocols on human and peoples rights and on the establishment of an African court of human rights. Despite this, there was now considerable international pressure on Mauritania, in particular from the African Union, European Union, and the United States who decided to suspend humanitarian aid due to the political instability in the country, and which was a cause for concern since the country was a relatively poor country.
Mr. Zermatten stressed that the Government had not focused enough attention on the previous recommendations made by the Committee in 2001, in particular, regarding the National Action Plan, birth registration, harmful tradition practices and exploitation. On the implementation of the Convention, were there any examples of case law or jurisprudence on this? A number of measures taken with respect to national legislation were noted in the report; however, how compatible were the old and the new pieces of legislation with the Convention? For example the law of September of 2005 protecting minors was compatible with the Convention, what were examples of other laws that were compatible?
On the question of coordination efforts, according to the report, introduction and written replies, coordination was carried out by the Ministry of Social Affairs, Children and Family Affairs. Mr. Zermatten asked how did this coordination work with respect to other ministries involved in implementing and observing children’s rights, such as the Ministry of Education, Health and Finance in a horizontal movement? In addition how did cooperation work at the national and regional level, through a vertical movement, and how did cooperation work at all these various levels? Regarding general implementation, Mr. Zermatten noted Article 3 on the principle of the best interest of child, was there an example of laws adopted that were in line with Article 3 of the Convention?
MARTA MAURAS PEREZ, the Committee Expert serving as Co-Rapporteur for the report of Mauritania, said the Committee had noted that a great deal of effort had gone into the implementation of the Convention, especially in terms of legislation. Having said that, she asked what efforts were being taken to disseminate the Convention and ensure its applicability in laws and what was being done to make sure that this was accessible to the various areas of the population, for example, what was being done to disseminate it in the various languages of the country?
With regard to coordination efforts, Ms. Mauras Perez asked if there was an institutional mechanism to ensure dialogue and participation of civil society with the State? As mentioned in the report, what role did the National Movement for Children have, and what role did it have in establishing and building a national culture for children’s rights?
On financial resources and the budget, Ms. Mauras Perez noted that the Committee was aware that after a relatively positive period of increased resources in public investment, this had stopped and had left the country in a worse state, especially since international aid had also decreased due to the political situation in the country and partly due to the global economic and financial crises. However, what was being done to increase funding for the social sector and for ensuring that the work being done to meet the Millennium Development Goals was being sped up? How did the Poverty Reduction Strategy Paper improve the rights of the child? She welcomed more information on how exactly this paper was relevant to children’s rights and protections.
On the definition of the child, there were considerable efforts made, however, there were multiple definitions, which might cause confusion, Ms. Mauras Perez noted. For example the Juvenile Code defined a child as a person between the age of 0-18, where the Civil Code set the marrying age at 18, where Sharia law linked the age of marriage to puberty, the end of compulsory education was the age of 14, and the minimum age for work was 16. Were there any efforts being made to harmonize the interpretation of this, and were there any efforts to disseminate the juvenile code?
Other Experts then raised a series of questions pertaining to, among other things, what contributed to the low birth registration rates; were there regional or socio-economic disparities in the country; and what was being done to encourage families to register children? Female genital mutilation was not an Islamic practice and was a regional practice, why was there no law established to criminalize this practice, which would send a direct message to society? Why had the Convention on the Rights of Persons with Disabilities not been ratified, as it contained a number of provisions that were applicable to children? With regard to the 1997 Compulsory Schooling law, what happened if parents refused to send their children to school, what mechanisms were put in place to address this? For everyone responsible in the area of children’s rights what types of training were made available for them? Was the Government aiming to lift its general reservations? On positive and customary law in the country, when parliament produced new laws what happened, were they completely and directly applicable in all parts of the country or were there restrictions? Civil rights and freedoms were inadequately addressed, in particular, the right to assembly, privacy and access to information; how were adolescents dealt with in schools and health care so that they felt that the adult world understood them, and did they have these rights? Empirical data, which was important, was out of date, missing or could not be related to base lines. How did the Government plan to address this issue? What financing existed for the National Council for Children? On the National Human Rights Commission, how were members appointed, who did that, how was it created and did the annual reports get published?
Response by the Delegation
Responding to these questions and others, the delegation said that, with regard to the composition of the delegation, it was not totally made up of the members of the Ministry of Children. They had wanted a more multi-sectoral delegation, but some were not able to make the trip. Pertaining to the situation in the country, the delegation reassured the Committee that it was true that the country had gone through a period of rectification, which led to an electoral process allowing the Government to set-up and put in place structures that had been affected in the past, in particular with regard to the Presidency of the Republic, and with the elections scheduled for June 2009 these concerns would be rectified.
The National Council for Children was a body where civil society was well represented. It contributed to the definition of the needs of children and was responsible for developing strategy, awareness raising and drafting an annual report on the situation of children in the country and suggestions for future policy. It had two meetings in 2008 and there was a report being prepared. The National Council for Children also participated in conducting the campaign and awareness raising on the Convention on the Rights of the Child. It was financed through a State subsidy and from United Nations Children’s Fund. There was a problem in 2008 with funding because the subsidy should have been budgeted in the previous year, and as such it was not paid, however, for 2009 onward this should no longer be a problem, the delegation reassured the Committee.
On updated statistical data, the delegation said that the report was drafted before the validation of the national system, which validated multiple indicators, and which would check on all information produced since 2001. The maternal mortality rate in 2001 was 747 deaths per 100,000 lives and this dropped to 668 in 2007 for the same ratio. This was an example of updated information that was validated using the national system.
There were central departments, their aim and mission was to submit strategies, and regional departments that would coordinate with those central departments in order to carry out their mission, said the delegation. Although the Ministry was new, the budget allocations were sufficient to carry out the task.
On the child dimension needs as part of the general budget, there were the Millennium Development Goals, the delegation said. Of course children were central to those objectives, however, the delegation said that the need for more budget allocation for resources aimed at children was noted and said that during a workshop with the Ministry of Economic Affairs and Planning in 2009 this was taken into account.
The delegation said the National Human Rights Commission was an independent body. It had a diverse make-up, which included civil society and resource people (who had absolutely nothing to with the Government) who were the only members with voting rights and provided technical assistance. The National Commission was in line with the Paris Principles which governed national human rights institutions. It was composed of a legal subcommittee and a sectoral sub-committee which had to do with women, disabled persons and children’s rights. Within the structure there was a focal point which related to juvenile justice and was therefore in a position to support the Government with regards to settling problems related to children. It was also able to take its own initiative to clearly defend all those texts relating to children’s right, and in that regard it was able to provide training on the rights of the child. Its annual budget was $ 455,000. It worked with the Francophone Organization to establish a report on the implementation on the Convention on the Rights of the Child in the francophone states. Movie screenings and plays were put on to promote the rights of the child in the community.
Members were appointed to the National Commission for a three-year term and were appointed from the institutions concerned. The annual report was already published, and the Commission had the authority to monitor human rights cases, where if a violation was reported, the Commission was able to take initiative to act. The report was handed over from the President of the Commission to the President of the Republic, and was widely distributed and could be found on the Internet. There was a budgetary heading set out for the Commission as part of the national budget.
On the domestication of the Convention on the Rights of the Child in the national legal order, the delegation said that the Constitution was clear in this regard; once a convention had been ratified it took precedence over national law. As such, judges were required to implement that provision. With respect to the relationship between old and new legislation, the delegation said the basic fundamental text of the ordinance of 15 December 2005 on the protection of children, had incorporated the provisions of the Convention into national legislation and that violation of all these rights were subject to certain penalties. For the first time in the history of the penal law in the country there were two penalties applicable simultaneously in this regard: a deprivation of liberty and a fine that was attached to one’s assets. This provision resolved the issue of legislation that was counter to the provisions of the Convention. The delegation reassured the Committee that all future legislation would be in line with the provisions of the Convention.
Marriage was possible before the age of 18, said the delegation. However, this was practised in keeping within the context the best interests of the child, which was to be determined by judges. Certain penalties were provided for anyone who entered into such a marriage, and registry officials who carried this out were also held accountable. This took into account the best interests of the child, stressed the delegation. The Government did not work on the basis of the graduation of the interest of the child, but rather the best interest of the child.
Regarding juvenile justice, the delegation said that a social service assistant and a lawyer were required once a child was held in detention by law enforcement officials. Children could only be held in custody as of the age of 15, and judges had a series of measures that were available to them to select from in keeping with the best interests of the child.
Further Questions by Experts
Experts asked further questions on topics including, among others, on the criminalization of slavery, which the State party aimed to eradicate, however, a Expert asked what effect did this new law have, were there cases involving the application of this law, and had any persons been prosecuted? Regarding the family environment, the report stated that the national family strategy and the family and persons code was in compliance with the Convention, however, polygamy continued to pose a threat to children, in so far as the strict and clear cut rules under Sharia law were not observed and respected by the husband, in particular with regard to financial support; what being done to protect the female members of the household? Were there any evaluations made on the social rehabilitation centres for abandoned children, were there community or family based arrangements that served to ensure that the child was not separated from their local community or culture, because these were the most successful forms of social reintegration? Though it was difficult to obtain data on rape cases of girls and children, an Expert asked what was being done to tackle the question of sexual violence, and in particular to try and change people’s mindset to clearly identify the confusion between rape and on the other hand adultery. This was also applicable to judges; what training was being provided to them in order to avoid victimizing the victim?
Being a transit country with many minors entering the country to get to the Atlantic coast, a Committee Expert asked what protection measures were in place to protect migrant children?
With respect to education and the right to education, an Expert said that the right to education could not solely be guaranteed through the law. The school must be a vehicle for social inclusion and access without discrimination should be guaranteed for all, which ensured social cohesiveness; what policies were in place to ensure access without discrimination was guaranteed, and what was being done to combat school drop-outs? Regarding public and private investment in education, what figures could be provided on behalf of the State and what figures could be given on what the family contribution for education was? On equitable access to schools, how were education facilities made available throughout the country? How many pupils who started secondary education actually completed it? With regard to boys and girls who worked, according to the United Nations Children’s Fund report of 2004, 13 per cent of the working population was made up of children. What policies were in place to encourage children to stay in school, for example, given the high percentage of girls working as domestic workers? Was there a policy in place to support children and to encourage them to complete a basic level of schooling? On subsidies for poor families, was there a programme to help these families to afford education tools? In addition, what was being done to eliminate corporal punishment in schools?
What was the outcome of the national reproductive health plan which concluded in 2007? According to the World Food Programme thousands of children were suffering from malnutrition, and most were suffering from a deficit of iron, among others, was there a programme aimed to deal with this issue?
On child labour, what was being done in this regard to safeguard children from such practices, an Expert asked? Who championed the rights of children in cases involving child labour, who were the competent officers to deal with such complaints, and how could these officers support these children? What was the situation in the country at the community and national level in terms of services for children living with disabilities and who was responsible for monitoring these children in case they were kept in an institution?
Regarding vaccinations, an Expert said there was a contradiction between the information presented by the delegation, where it had been identified that vaccines were 100 per cent covered by the Government, and information in reports received by the Committee which indicated that vaccinations were 100 percent dependent on aid. He asked for further clarification on this issue.
On special protection measures, an Expert said despite Mauritania not being involved in any armed conflicts, it was noted in the country report that they received refugee children fleeing such situations, and asked how were such cases dealt with?
Response by Delegation
Responding to those and other questions, on the general reservation on the Convention, whereby all the provisions of the Convention that did not keep with the Sharia were not applicable in national legislation, the delegation said the Government realized that this deprived the Convention of its functions and as such the Government had decided to remove that general reservation and place reservations on specific articles as had been the practice with other Islamic states. In addition, a follow-up mechanism had been set up with respect to the recommendations of the Committee. As a result of a national workshop held where this issue was discussed, specific reservations would be applied as a result of this discussion. There was reference to Muslim, Customary and Modern law in Mauritania. As an Islamic republic, the Sharia had supra constitutional status.
In 2001 when the initial report was considered there was a recommendation to harmonize the age limits for work and schooling. A child could work as of the age of 15, and was not allowed to do certain types of work between the ages of 15-18 at night, holidays, or under difficult conditions. Regarding the age of majority, under the civil code, the age was 18. Marriageable age was 18.
The Fund for Future Generations was set-up in 2006, and was funded through the oil resources in the country, and was managed by civil servants and civil society. The fund was managed in another country and monitored by these representatives, said the delegation.
On polygamy, the delegation said that there must be consent by the wives; the first wife and the second wife needed to be in agreement with the arrangement.
On juvenile justice, and in particular on the age of criminal responsibility, there was an ordinance dealing with child protection which used the definition outlined in the Convention. However, when dealing with penal cases there was a sub division in the definition. Children aged between 0-7 years only had rights and no obligation and children aged between 7-15 years were only subject to measures of protection, which excluded detention. Training of the judiciary in juvenile justice cases received technical and financial support from the United Nations Children’s Fund and technical support from civil society. In addition, the Government was working with Spain to set up a judicial training centre, said the delegation. With cases involving rape of girls, the discussion was now on the stringency of the penalties, compensation and redress.
Committee Experts raised questions on the applicability of corporal punishment in schools, said the delegation, adding that since 1966 corporal punishment was prohibited and was also addressed in the Code of the Child.
Mauritania was an open door to Europe and as such had encountered problems with migrants, the delegation said. In cases involving unaccompanied children crossing the border they were placed in the care of a non-governmental organization. These children were also in a favourable situation to be granted refugee status.
The National Movement for the Promotion of Rights for Children sought to promote children’s rights at the community level. The delegation said that since the ratification of the Convention, the Government had developed a fresh momentum in the pursuit of greater awareness about the need to respect children’s rights. This trend helped to establish networks and alliances, where national and international figures had a role to play. For instance, Imams played an important role as they influenced many followers in mosques. Within the context of this national movement, children’s voices could be heard and they could participate. The fora helped to establish a Children’s Parliament, which had engaged in extensive campaigns which was extended to the President of the Republic and various Ministers. A municipal council was to be established to focus on children’s affairs. Additionally, there was a celebration planned in light of the twentieth anniversary of the Convention on the Rights of the Child.
The report submitted in 2007 did not contain detailed information on preschool education as an aspect of national policy, said the delegation. With respect to students who attended Koranic schools these children were taught in Arabic as the Koran was written in Arabic. There were cases where the teacher applied corporal punishment for children who did not learn by heart verses of the Koran. However, those teachers were being re-trained in child psychology and child development to understand how corporal punishment negatively impacted the development of children. Children who attended Koranic schools and went on to complete high levels of education did better overall, than those children who did not attend Koranic schools at an early age. As for the quality of education and level of enrolment of girls in schools, there was an increase in girl student participation with the implementation of the first ten year education plan (which was currently in its last year). Girls living in rural areas were provided transportation to and from schools. Parents did not pay enrolment fees for education; however, there were indirect costs they were responsible for, such as utensils and notebooks. Measures had also been taken to provide textbooks at a modest symbolic rate.
The 25,000 Mauritanian refugees in Senegal had been addressed with an agreement struck between the Government of Mauritania, the Office of the United Nations High Commissioner for Refugees and Senegal to establish repatriation for these refugees. Out of 18,000 who expressed a desire to return to Mauritania, 11,000 were now in the country according to figures received one week ago, said the delegation. This exercise was directly supervised by the Government of Mauritania in conjunction with United Nations High Commissioner for Refugees and Senegal. Once these refugees returned they went through a reintegration programme. All returns were completely voluntary.
Government birth registration services were available across the country, even in areas where maternity services were not available; however there was no increase in registration rates, the problem remained with changing attitudes, said the delegation. There was a lot of coverage for birth registration; however, people were not interested in the messages being sent through the media. The Government was thinking about enforcing automatic birth registration at the time of birth, however, not all births took place under the supervision of the appropriate personnel.
Preliminary Remarks
MARTA MAURAS PEREZ, the Committee Expert serving as Co-Rapporteur for the report of Mauritania, in preliminary concluding remarks, thanked the delegation for the answers provided despite the time constraints. She said she could not provide any specific conclusions yet as the rich dialogue merited some thought on both sides. One of the objectives of the Committee with this review was to enable the Committee Experts to learn from the delegation and vice versa. The only thing that remained in the ink well, she said, were a number of other issues that were not covered. However, there was much to be done in the interim. She congratulated the delegation on the significant progress made; the codification and legislation being implemented relating to human rights was considerable. There were a number of outstanding issues relating to compatibility between ideas rooted in legal systems associated with Sharia law or customs and practices, however steps could be taken to smooth the distances and disparities which remained, which included the definition of the child. Progress in education was undoubtedly there, and increased access for the girl child to education, however, the quality of education, funding and subsidies remained issues on the table to be addressed. Other matters relating to universal guarantees such as health needed more discussion. Some matters were perhaps of more concern which had not been discussed, such as the health of children and adolescents.
MOHAMED OULD ELY TELMOUDY, Secretary-General of the Ministry of Social Affairs, Childhood and Family Affairs of Mauritania, in concluding remarks, thanked the Committee for the quality of the discussion today. The questions posed reflected some of the concerns of the Chairperson and the Committee Experts. He said it was clear that these processes did not stop here and would be worked on continuously, such as the implementation of the Convention. He assured the Committee that their message was heard and that the Government would continue to work on the implementation of the Convention. There were further constraints that would be addressed in due course to benefit the country’s children. He said that they looked forward to the recommendations of the Committee, and that they would be carefully considered before the submission of the next report, in order to ensure that this process was beneficial to all involved. The experience today was very encouraging and stimulating.
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For use of the information media; not an official record
28 May 2009
The Committee on the Rights of the Child today reviewed the second periodic report of Mauritania on how that country is implementing the provisions of the Convention on the Rights of the Child.
Introducing the report, Mohamed Ould Ely Telmoudy, Secretary-General of the Ministry of Social Affairs, Childhood and Family Affairs of Mauritania, said the Government paid special attention to social policies. The creation of the Ministry of Social Affairs, Children and Family Affairs, responsible, inter alia, to promote, coordinate and implement strategies and actions for the promotion and protection of children, was a new measure taken in this regard. The legal framework had been improved in order to establish a juvenile justice system which was based on the application of the ordinance on the criminal protection of the child and the law of personal status. The court system was strengthened to ensure a basic standard of care for children involved in legal proceedings.
On health reform, Mr. Telmoudy said that vaccines were 100 per cent covered by the Government, and that polio had been eradicated in the country in 2007. With regard to equity in education, girls accounted for 50.3 per cent of the primary school students and 46.2 per cent of secondary school students. The Government had identified strategic directions for identifying the problem of protecting children against abuse and exploitation. These guidelines, he said, were based in particular on the ongoing development of a national policy to protect children.
In preliminary concluding remarks, Committee Expert Marta Mauras Perez, who served as Co-Rapporteur for the report of Mauritania, said she could not provide any specific conclusions yet as the rich dialogue merited some thought on both sides. She congratulated the delegation on the significant progress made; the codification and legislation being implemented concerning human rights was considerable. There were a number of outstanding issues relating to compatibility between ideas rooted in legal systems associated with Sharia law or customs and practices, however steps could be taken to smooth the distances and disparities which remained, which included the definition of the child. Progress in education was undoubtedly there, and increased access for the girl child to education, however, the quality of education, funding and subsidies remained issues on the table to be addressed.
During the discussion, Committee Experts raised a series of questions pertaining to, among other things, low birth registration rates; vaccinations; the criminalization of female genital mutilation; education drop-out rates and measures taken to encourage continuing education, especially for girls who often left school to become domestic workers; the general reservations imposed on the implementation of the Convention; the application of customary, Sharia and modern law; health care facilities and services available for children and adolescents; migrant children and their families; civil rights and freedoms, in particular, the right to assembly, privacy and access to information for children; how the Government was dealing with missing empirical data; the independence of the National Human Rights Commission; access without discrimination to education; public and private investment in education; subsidies for poor families; and corporal punishment in schools.
The Committee will release its formal, written concluding observations and recommendations on the report of Mauritania towards the end of its three-week session, which will conclude on 12 June 2009.
The delegation of Mauritania also included representatives of the Ministry of Justice; Ministry of Social Affairs, Children and Family Affairs and the Permanent Mission of Mauritania to the United Nations Office at Geneva.
As one of the 193 States parties to the Convention, Mauritania is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes on Friday, 29 May, at 10 a.m., it will consider the initial report of Slovenia under the Optional Protocol on children and armed conflict (CRC/C/OPAC/SVN/1) and the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/SVN/1).
Report of Mauritania
According to the second periodic report of Mauritania (CRC/C/MRT/2), it is estimated that there are hundreds of thousands of mines and other unexploded ordnance in the Mauritanian territory, a legacy of the Sahara conflict. The two regions most seriously affected are Dakhlet Nouadhibou and Tiris Zemour in the north of the country. These two regions alone have an area of 310,000 square kilometres and 294,000 persons at risk. According to the Landmine Monitor Report, 346 persons were killed and 239 were injured, 580 animals were killed, and 33 vehicles destroyed in the period between 1978 and 2005. Pursuant to the Convention on the Prohibition of the Use, Stockpiling, Production and Transport of Anti-Personnel Mines and on their Destruction, Mauritania adopted a plan of action to locate and destroy all the mines in the national territory by 2011. The programme is being carried out by the National Office for Humanitarian Mine-Clearance and has the support of UNDP, UNICEF and international non-governmental organizations. The National Office is also implementing, in collaboration with UNICEF, an education component concerning the hazard represented by the mines with the aim of delivering a message about safe behaviour to the affected communities and continuing the training of non-governmental organization outreach workers and involving them in the education activities.
According to the demographic and health survey in Mauritania, 71 per cent of women stated that they had undergone excision. Almost three quarters of Mauritanian women between the ages of 15 and 49 have suffered excision. The rate varies widely between ethnic groups and it is also less common in urban than in rural areas. However there has been a decline in this practice during the last 15 years. This practice is in retreat as a result of the information and awareness-raising campaigns conducted in the departments concerned to highlight the harmful effects of excision on the health of girls and women. Awareness-raising campaigns on the implications of female genital mutilation for girls’ and women’s health are carried out on a regular basis. Doctors and imams are making their contribution to the dissemination of information about this harmful practice and its effects on health and to make it clear that female genital mutilation has no basis in religion. Article 12 of the order on the juridical protection of children of Mauritania prohibits any interference with the sexual organ of a girl child and prescribes severe penalties for this practice. Furthermore, a programme on the promotion of human rights has been formulated and is being implemented in order to put an end to female genital mutilation, which has been condemned by Mauritanian ulemas. This work is being backed by a strategy of eradicating the practice by means of designating 6 February every year as the day of zero tolerance of female genital mutilation.
Presentation of Report
MOHAMED OULD ELY TELMOUDY, Secretary-General of the Ministry of Social Affairs, Childhood and Family Affairs of Mauritania, said that in recent years Mauritania had experienced positive change which provided a platform for the improvement of human rights in the country. Notable progress had been made, in particular the setting up of a ministerial department focused on social protection for the child and the family. The institutional dynamics aimed at strengthening human rights had also been beefed up. In particular, these measures improved the coordination between civil society and other relevant institutions and Government departments. The Government paid special attention to social policies, especially in the protection of persons with disabilities, including the adoption of an ordinance in 2006 on the promotion and protection of the rights of persons with disabilities and the adoption of a bill authorizing the promulgation of the Convention on the Rights of Persons with Disabilities and its Optional Protocol. The creation of the new Ministry of Social Affairs, Children and Family Affairs, responsible, inter alia, to promote, coordinate and implement strategies and actions for the promotion and protection of children was also a new measure taken in this regard. He also stressed that those measures had been strengthened by taking into account children in the process of revising the Strategic Framework for the fight against poverty. Furthermore, he noted the creation of a Commissioner for Human Rights and Humanitarian Action, an institution which would address children in addition to issues of human rights, humanitarian aspects, including emergencies and the coordination of civil society.
On judicial reform, Mr. Telmoudy said the legal framework had been improved in order to establish a juvenile justice system which was based on the application of the ordinance on the criminal protection of the child and the law of personal status. In this context, he stressed that the court system was strengthened to ensure a basic standard of care for children involved in legal proceedings. Further, he explained that the rehabilitation of these children would be strengthened even more with the creation of a detention centre in the capital of Nouakchott, which was designed to be a semi-open detention facility, allowing for entry and exit privileges. Construction on the facility began on 28 April 2009. In addition to the multiplicity and diversity training workshops for children, this centre also provided each child with a life project that would assist in the reintegration of that child into society.
On health reform, Mr. Telmoudy said that vaccines were 100 percent covered by the Government, and that polio had been eradicated in the country in 2007. Additionally in the last two years there was improvement in hospital services, with an increase of seven new hospitals. Financial grants to the Ministry of Health were increased, and a hospital for new mothers and their children was created, which served as a specialized hospital for children.
On progress made in the field of education, Mr. Telmoudy noted that the total enrolment rate at the primary level was 95.1 per cent in 2007-2008. With regard to equity, girls accounted for 50.3 per cent of the primary school students and 46.2 per cent of secondary school students. He said that the implementation of the national policy on early childhood development, adopted in 2005, had seen significant progress, particularly in the care system and education. The Government together with partners had doubled the host capacity of training centres and had improved training for teachers in schools.
The Government had identified strategic directions for identifying the problem of protecting children against abuse and exploitation. These guidelines, he said, were based in particular on the ongoing development of a national policy to protect children. The Government also intended to implement a strategy for integration and social advancement of street children. Moreover in 2007, a center of protection and social integration of children was created. The Government established strategic guidelines to protect children: capacity building of all stakeholders, family stability, social welfare, and integration and advancement of street children, implementing coordination so that there was a real synergy of efforts. Mr. Telmoudy said the Government would continue to aim towards working to bring the provisions of the Convention in harmony with national legislation, with an aim to improve primary education and to reduce child and infant mortality, among other things.
Questions by Experts
JEAN ZERMATTEN, the Committee Expert serving as Co-Rapporteur for the report of Mauritania, noted that there had been a lot of progress made in Mauritania since the last review. Examples were the law of 3 September 2007 on the criminalization of slavery which was a major issue in the country, and the law of July 2003 punishing all actions of exploitation of persons. The educational system had also been reformed through the 10-year Educational Plan, and the completed revision of the Poverty Framework. Even though the Committee had noted that there were problems in the implementation of the Convention, the Government of Mauritania had ratified the Convention on the Rights of Migrants, the two International Labour Organization Conventions 138 and 132, the African Charter on the Rights and Well-Being of the Child in 2005, as well as its Optional Protocols on human and peoples rights and on the establishment of an African court of human rights. Despite this, there was now considerable international pressure on Mauritania, in particular from the African Union, European Union, and the United States who decided to suspend humanitarian aid due to the political instability in the country, and which was a cause for concern since the country was a relatively poor country.
Mr. Zermatten stressed that the Government had not focused enough attention on the previous recommendations made by the Committee in 2001, in particular, regarding the National Action Plan, birth registration, harmful tradition practices and exploitation. On the implementation of the Convention, were there any examples of case law or jurisprudence on this? A number of measures taken with respect to national legislation were noted in the report; however, how compatible were the old and the new pieces of legislation with the Convention? For example the law of September of 2005 protecting minors was compatible with the Convention, what were examples of other laws that were compatible?
On the question of coordination efforts, according to the report, introduction and written replies, coordination was carried out by the Ministry of Social Affairs, Children and Family Affairs. Mr. Zermatten asked how did this coordination work with respect to other ministries involved in implementing and observing children’s rights, such as the Ministry of Education, Health and Finance in a horizontal movement? In addition how did cooperation work at the national and regional level, through a vertical movement, and how did cooperation work at all these various levels? Regarding general implementation, Mr. Zermatten noted Article 3 on the principle of the best interest of child, was there an example of laws adopted that were in line with Article 3 of the Convention?
MARTA MAURAS PEREZ, the Committee Expert serving as Co-Rapporteur for the report of Mauritania, said the Committee had noted that a great deal of effort had gone into the implementation of the Convention, especially in terms of legislation. Having said that, she asked what efforts were being taken to disseminate the Convention and ensure its applicability in laws and what was being done to make sure that this was accessible to the various areas of the population, for example, what was being done to disseminate it in the various languages of the country?
With regard to coordination efforts, Ms. Mauras Perez asked if there was an institutional mechanism to ensure dialogue and participation of civil society with the State? As mentioned in the report, what role did the National Movement for Children have, and what role did it have in establishing and building a national culture for children’s rights?
On financial resources and the budget, Ms. Mauras Perez noted that the Committee was aware that after a relatively positive period of increased resources in public investment, this had stopped and had left the country in a worse state, especially since international aid had also decreased due to the political situation in the country and partly due to the global economic and financial crises. However, what was being done to increase funding for the social sector and for ensuring that the work being done to meet the Millennium Development Goals was being sped up? How did the Poverty Reduction Strategy Paper improve the rights of the child? She welcomed more information on how exactly this paper was relevant to children’s rights and protections.
On the definition of the child, there were considerable efforts made, however, there were multiple definitions, which might cause confusion, Ms. Mauras Perez noted. For example the Juvenile Code defined a child as a person between the age of 0-18, where the Civil Code set the marrying age at 18, where Sharia law linked the age of marriage to puberty, the end of compulsory education was the age of 14, and the minimum age for work was 16. Were there any efforts being made to harmonize the interpretation of this, and were there any efforts to disseminate the juvenile code?
Other Experts then raised a series of questions pertaining to, among other things, what contributed to the low birth registration rates; were there regional or socio-economic disparities in the country; and what was being done to encourage families to register children? Female genital mutilation was not an Islamic practice and was a regional practice, why was there no law established to criminalize this practice, which would send a direct message to society? Why had the Convention on the Rights of Persons with Disabilities not been ratified, as it contained a number of provisions that were applicable to children? With regard to the 1997 Compulsory Schooling law, what happened if parents refused to send their children to school, what mechanisms were put in place to address this? For everyone responsible in the area of children’s rights what types of training were made available for them? Was the Government aiming to lift its general reservations? On positive and customary law in the country, when parliament produced new laws what happened, were they completely and directly applicable in all parts of the country or were there restrictions? Civil rights and freedoms were inadequately addressed, in particular, the right to assembly, privacy and access to information; how were adolescents dealt with in schools and health care so that they felt that the adult world understood them, and did they have these rights? Empirical data, which was important, was out of date, missing or could not be related to base lines. How did the Government plan to address this issue? What financing existed for the National Council for Children? On the National Human Rights Commission, how were members appointed, who did that, how was it created and did the annual reports get published?
Response by the Delegation
Responding to these questions and others, the delegation said that, with regard to the composition of the delegation, it was not totally made up of the members of the Ministry of Children. They had wanted a more multi-sectoral delegation, but some were not able to make the trip. Pertaining to the situation in the country, the delegation reassured the Committee that it was true that the country had gone through a period of rectification, which led to an electoral process allowing the Government to set-up and put in place structures that had been affected in the past, in particular with regard to the Presidency of the Republic, and with the elections scheduled for June 2009 these concerns would be rectified.
The National Council for Children was a body where civil society was well represented. It contributed to the definition of the needs of children and was responsible for developing strategy, awareness raising and drafting an annual report on the situation of children in the country and suggestions for future policy. It had two meetings in 2008 and there was a report being prepared. The National Council for Children also participated in conducting the campaign and awareness raising on the Convention on the Rights of the Child. It was financed through a State subsidy and from United Nations Children’s Fund. There was a problem in 2008 with funding because the subsidy should have been budgeted in the previous year, and as such it was not paid, however, for 2009 onward this should no longer be a problem, the delegation reassured the Committee.
On updated statistical data, the delegation said that the report was drafted before the validation of the national system, which validated multiple indicators, and which would check on all information produced since 2001. The maternal mortality rate in 2001 was 747 deaths per 100,000 lives and this dropped to 668 in 2007 for the same ratio. This was an example of updated information that was validated using the national system.
There were central departments, their aim and mission was to submit strategies, and regional departments that would coordinate with those central departments in order to carry out their mission, said the delegation. Although the Ministry was new, the budget allocations were sufficient to carry out the task.
On the child dimension needs as part of the general budget, there were the Millennium Development Goals, the delegation said. Of course children were central to those objectives, however, the delegation said that the need for more budget allocation for resources aimed at children was noted and said that during a workshop with the Ministry of Economic Affairs and Planning in 2009 this was taken into account.
The delegation said the National Human Rights Commission was an independent body. It had a diverse make-up, which included civil society and resource people (who had absolutely nothing to with the Government) who were the only members with voting rights and provided technical assistance. The National Commission was in line with the Paris Principles which governed national human rights institutions. It was composed of a legal subcommittee and a sectoral sub-committee which had to do with women, disabled persons and children’s rights. Within the structure there was a focal point which related to juvenile justice and was therefore in a position to support the Government with regards to settling problems related to children. It was also able to take its own initiative to clearly defend all those texts relating to children’s right, and in that regard it was able to provide training on the rights of the child. Its annual budget was $ 455,000. It worked with the Francophone Organization to establish a report on the implementation on the Convention on the Rights of the Child in the francophone states. Movie screenings and plays were put on to promote the rights of the child in the community.
Members were appointed to the National Commission for a three-year term and were appointed from the institutions concerned. The annual report was already published, and the Commission had the authority to monitor human rights cases, where if a violation was reported, the Commission was able to take initiative to act. The report was handed over from the President of the Commission to the President of the Republic, and was widely distributed and could be found on the Internet. There was a budgetary heading set out for the Commission as part of the national budget.
On the domestication of the Convention on the Rights of the Child in the national legal order, the delegation said that the Constitution was clear in this regard; once a convention had been ratified it took precedence over national law. As such, judges were required to implement that provision. With respect to the relationship between old and new legislation, the delegation said the basic fundamental text of the ordinance of 15 December 2005 on the protection of children, had incorporated the provisions of the Convention into national legislation and that violation of all these rights were subject to certain penalties. For the first time in the history of the penal law in the country there were two penalties applicable simultaneously in this regard: a deprivation of liberty and a fine that was attached to one’s assets. This provision resolved the issue of legislation that was counter to the provisions of the Convention. The delegation reassured the Committee that all future legislation would be in line with the provisions of the Convention.
Marriage was possible before the age of 18, said the delegation. However, this was practised in keeping within the context the best interests of the child, which was to be determined by judges. Certain penalties were provided for anyone who entered into such a marriage, and registry officials who carried this out were also held accountable. This took into account the best interests of the child, stressed the delegation. The Government did not work on the basis of the graduation of the interest of the child, but rather the best interest of the child.
Regarding juvenile justice, the delegation said that a social service assistant and a lawyer were required once a child was held in detention by law enforcement officials. Children could only be held in custody as of the age of 15, and judges had a series of measures that were available to them to select from in keeping with the best interests of the child.
Further Questions by Experts
Experts asked further questions on topics including, among others, on the criminalization of slavery, which the State party aimed to eradicate, however, a Expert asked what effect did this new law have, were there cases involving the application of this law, and had any persons been prosecuted? Regarding the family environment, the report stated that the national family strategy and the family and persons code was in compliance with the Convention, however, polygamy continued to pose a threat to children, in so far as the strict and clear cut rules under Sharia law were not observed and respected by the husband, in particular with regard to financial support; what being done to protect the female members of the household? Were there any evaluations made on the social rehabilitation centres for abandoned children, were there community or family based arrangements that served to ensure that the child was not separated from their local community or culture, because these were the most successful forms of social reintegration? Though it was difficult to obtain data on rape cases of girls and children, an Expert asked what was being done to tackle the question of sexual violence, and in particular to try and change people’s mindset to clearly identify the confusion between rape and on the other hand adultery. This was also applicable to judges; what training was being provided to them in order to avoid victimizing the victim?
Being a transit country with many minors entering the country to get to the Atlantic coast, a Committee Expert asked what protection measures were in place to protect migrant children?
With respect to education and the right to education, an Expert said that the right to education could not solely be guaranteed through the law. The school must be a vehicle for social inclusion and access without discrimination should be guaranteed for all, which ensured social cohesiveness; what policies were in place to ensure access without discrimination was guaranteed, and what was being done to combat school drop-outs? Regarding public and private investment in education, what figures could be provided on behalf of the State and what figures could be given on what the family contribution for education was? On equitable access to schools, how were education facilities made available throughout the country? How many pupils who started secondary education actually completed it? With regard to boys and girls who worked, according to the United Nations Children’s Fund report of 2004, 13 per cent of the working population was made up of children. What policies were in place to encourage children to stay in school, for example, given the high percentage of girls working as domestic workers? Was there a policy in place to support children and to encourage them to complete a basic level of schooling? On subsidies for poor families, was there a programme to help these families to afford education tools? In addition, what was being done to eliminate corporal punishment in schools?
What was the outcome of the national reproductive health plan which concluded in 2007? According to the World Food Programme thousands of children were suffering from malnutrition, and most were suffering from a deficit of iron, among others, was there a programme aimed to deal with this issue?
On child labour, what was being done in this regard to safeguard children from such practices, an Expert asked? Who championed the rights of children in cases involving child labour, who were the competent officers to deal with such complaints, and how could these officers support these children? What was the situation in the country at the community and national level in terms of services for children living with disabilities and who was responsible for monitoring these children in case they were kept in an institution?
Regarding vaccinations, an Expert said there was a contradiction between the information presented by the delegation, where it had been identified that vaccines were 100 per cent covered by the Government, and information in reports received by the Committee which indicated that vaccinations were 100 percent dependent on aid. He asked for further clarification on this issue.
On special protection measures, an Expert said despite Mauritania not being involved in any armed conflicts, it was noted in the country report that they received refugee children fleeing such situations, and asked how were such cases dealt with?
Response by Delegation
Responding to those and other questions, on the general reservation on the Convention, whereby all the provisions of the Convention that did not keep with the Sharia were not applicable in national legislation, the delegation said the Government realized that this deprived the Convention of its functions and as such the Government had decided to remove that general reservation and place reservations on specific articles as had been the practice with other Islamic states. In addition, a follow-up mechanism had been set up with respect to the recommendations of the Committee. As a result of a national workshop held where this issue was discussed, specific reservations would be applied as a result of this discussion. There was reference to Muslim, Customary and Modern law in Mauritania. As an Islamic republic, the Sharia had supra constitutional status.
In 2001 when the initial report was considered there was a recommendation to harmonize the age limits for work and schooling. A child could work as of the age of 15, and was not allowed to do certain types of work between the ages of 15-18 at night, holidays, or under difficult conditions. Regarding the age of majority, under the civil code, the age was 18. Marriageable age was 18.
The Fund for Future Generations was set-up in 2006, and was funded through the oil resources in the country, and was managed by civil servants and civil society. The fund was managed in another country and monitored by these representatives, said the delegation.
On polygamy, the delegation said that there must be consent by the wives; the first wife and the second wife needed to be in agreement with the arrangement.
On juvenile justice, and in particular on the age of criminal responsibility, there was an ordinance dealing with child protection which used the definition outlined in the Convention. However, when dealing with penal cases there was a sub division in the definition. Children aged between 0-7 years only had rights and no obligation and children aged between 7-15 years were only subject to measures of protection, which excluded detention. Training of the judiciary in juvenile justice cases received technical and financial support from the United Nations Children’s Fund and technical support from civil society. In addition, the Government was working with Spain to set up a judicial training centre, said the delegation. With cases involving rape of girls, the discussion was now on the stringency of the penalties, compensation and redress.
Committee Experts raised questions on the applicability of corporal punishment in schools, said the delegation, adding that since 1966 corporal punishment was prohibited and was also addressed in the Code of the Child.
Mauritania was an open door to Europe and as such had encountered problems with migrants, the delegation said. In cases involving unaccompanied children crossing the border they were placed in the care of a non-governmental organization. These children were also in a favourable situation to be granted refugee status.
The National Movement for the Promotion of Rights for Children sought to promote children’s rights at the community level. The delegation said that since the ratification of the Convention, the Government had developed a fresh momentum in the pursuit of greater awareness about the need to respect children’s rights. This trend helped to establish networks and alliances, where national and international figures had a role to play. For instance, Imams played an important role as they influenced many followers in mosques. Within the context of this national movement, children’s voices could be heard and they could participate. The fora helped to establish a Children’s Parliament, which had engaged in extensive campaigns which was extended to the President of the Republic and various Ministers. A municipal council was to be established to focus on children’s affairs. Additionally, there was a celebration planned in light of the twentieth anniversary of the Convention on the Rights of the Child.
The report submitted in 2007 did not contain detailed information on preschool education as an aspect of national policy, said the delegation. With respect to students who attended Koranic schools these children were taught in Arabic as the Koran was written in Arabic. There were cases where the teacher applied corporal punishment for children who did not learn by heart verses of the Koran. However, those teachers were being re-trained in child psychology and child development to understand how corporal punishment negatively impacted the development of children. Children who attended Koranic schools and went on to complete high levels of education did better overall, than those children who did not attend Koranic schools at an early age. As for the quality of education and level of enrolment of girls in schools, there was an increase in girl student participation with the implementation of the first ten year education plan (which was currently in its last year). Girls living in rural areas were provided transportation to and from schools. Parents did not pay enrolment fees for education; however, there were indirect costs they were responsible for, such as utensils and notebooks. Measures had also been taken to provide textbooks at a modest symbolic rate.
The 25,000 Mauritanian refugees in Senegal had been addressed with an agreement struck between the Government of Mauritania, the Office of the United Nations High Commissioner for Refugees and Senegal to establish repatriation for these refugees. Out of 18,000 who expressed a desire to return to Mauritania, 11,000 were now in the country according to figures received one week ago, said the delegation. This exercise was directly supervised by the Government of Mauritania in conjunction with United Nations High Commissioner for Refugees and Senegal. Once these refugees returned they went through a reintegration programme. All returns were completely voluntary.
Government birth registration services were available across the country, even in areas where maternity services were not available; however there was no increase in registration rates, the problem remained with changing attitudes, said the delegation. There was a lot of coverage for birth registration; however, people were not interested in the messages being sent through the media. The Government was thinking about enforcing automatic birth registration at the time of birth, however, not all births took place under the supervision of the appropriate personnel.
Preliminary Remarks
MARTA MAURAS PEREZ, the Committee Expert serving as Co-Rapporteur for the report of Mauritania, in preliminary concluding remarks, thanked the delegation for the answers provided despite the time constraints. She said she could not provide any specific conclusions yet as the rich dialogue merited some thought on both sides. One of the objectives of the Committee with this review was to enable the Committee Experts to learn from the delegation and vice versa. The only thing that remained in the ink well, she said, were a number of other issues that were not covered. However, there was much to be done in the interim. She congratulated the delegation on the significant progress made; the codification and legislation being implemented relating to human rights was considerable. There were a number of outstanding issues relating to compatibility between ideas rooted in legal systems associated with Sharia law or customs and practices, however steps could be taken to smooth the distances and disparities which remained, which included the definition of the child. Progress in education was undoubtedly there, and increased access for the girl child to education, however, the quality of education, funding and subsidies remained issues on the table to be addressed. Other matters relating to universal guarantees such as health needed more discussion. Some matters were perhaps of more concern which had not been discussed, such as the health of children and adolescents.
MOHAMED OULD ELY TELMOUDY, Secretary-General of the Ministry of Social Affairs, Childhood and Family Affairs of Mauritania, in concluding remarks, thanked the Committee for the quality of the discussion today. The questions posed reflected some of the concerns of the Chairperson and the Committee Experts. He said it was clear that these processes did not stop here and would be worked on continuously, such as the implementation of the Convention. He assured the Committee that their message was heard and that the Government would continue to work on the implementation of the Convention. There were further constraints that would be addressed in due course to benefit the country’s children. He said that they looked forward to the recommendations of the Committee, and that they would be carefully considered before the submission of the next report, in order to ensure that this process was beneficial to all involved. The experience today was very encouraging and stimulating.
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