保护移徙工人权利委员会审议毛里塔尼亚的首份报告

移徙工人权利委员会

2016年4月12日

保护所有移徙工人及其家庭成员权利委员会今日上午结束审议毛里塔尼亚关于落实《保护所有移徙工人及其家庭成员权利国际公约》条款情况的首份报告。

毛里塔尼亚人权和人道主义行动专员谢赫·图哈德·乌尔德·阿卜杜勒·马利克（Cheikh Tourad Ould Abdel Malick）在呈交报告时表示，毛里塔尼亚已在2010年通过了移徙管理的国家战略，这使其可以通过与所有利益攸关方的持续对话解决移徙问题、在发展政策中考虑移徙问题以及管制其边界问题。毛里塔尼亚已经增强了相关国家机关的能力，组织了提高意识运动并进行了打击贩运儿童行为的训练。现已建立并连接了47个边境管制单元。移徙工人及其家庭成员可以获得法律援助、出生登记服务、教育、培训服务、就业、健康、文化和住房。

讨论期间，专家欢迎毛里塔尼亚努力通过一系列符合《公约》和其他国际人权文书的法律，但也对其整体缺乏落实、意识提高和专业人员培训表示遗憾。委员会对剥削外国儿童强迫其在街头乞讨的行为表示严重关切，并敦促政府在这方面加强努力。专家对居民证的高昂费用表示关切，这对移徙者而言似乎无法负担。他们询问了大量关于采取措施确保对外国国民进行保护的问题，表示严重关切约900名毛里塔尼亚妇女据报道在一海湾国家面临强迫劳动的问题。专家还询问了关于移徙者获取司法救助、健康和教育的信息，以及民间社会组织的作用以及毛里塔尼亚与邻国的合作。

毛里塔尼亚人权和人道主义行动专员谢赫·图哈德·乌尔德·阿卜杜勒·马利克在总结发言中对于委员会开展的建设性对话表示满意，这使毛里塔尼亚可以更好地理解其面临的挑战。他对所有委员会成员的意见表示感谢，并保证该国政府将落实他们的建议。

委员会主席何塞·布里兰特斯（Jose Brillantes）在总结发言中对代表团表示感谢，并鼓励政府落实委员会即将提出的建议。

毛里塔尼亚代表团包括总理办公室、外交与合作部、公务人员、劳动与管理现代化部、社会事务、儿童与家庭部、内政与分权部、人权和人道主义行动专员办事处和毛里塔尼亚常驻联合国日内瓦办事处代表团的代表们。

委员会将于今天下午3点复会，开始审议莱索托的首份报告（CMW/C/LSO/1）。

报告

毛里塔尼亚的首次定期报告可在此查看：CMW/C/MRT/1。

Presentation of the Report

CHEIKH TOURAD OULD ABDEL MALICK, Commissioner for Human Rights and Humanitarian Action of Mauritania, presenting the report, said that Mauritania placed human rights at the core of its policies through institutional, legal and judicial measures. Mauritania had ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families in 2008 and had taken necessary measures and adopted legislation for its implementation, including laws pertaining to labour, social security, migration and human trafficking. In 2010, the Government adopted a national strategy for the management of migration, which was the result of inclusive consultations with civil society organizations and other partners. This strategy focused on four topics: the legal framework on migration; migration and development; the promotion of the rights of migrants, refugees, internally displaced persons and asylum seekers; and the management of migratory flows. This strategy had allowed the Government to address migration through constant dialogue among all stakeholders, to take migration into account for development policies, and to control its borders in accordance with Mauritania’s bilateral and multilateral agreements.

With regards to the protection of migrants, refugees, internally displaced persons and asylum seekers, Mauritania had strengthened the capacity of concerned national authorities, organized awareness-raising campaigns and carried out training on combatting trafficking in children. Forty-seven border control units had been established and connected. The Government had published the text of the Convention in a special issue of the national gazette, and had organized training and seminars for relevant stakeholders, including law enforcement personnel and civil society organizations. The National Commission for Human Rights, civil society organizations and trade unions had also participated in the implementation of the Convention and in its dissemination. The Convention was directly applicable before domestic courts, and had priority over national laws. Moreover, migrant workers and members of their family had access to legal aid, reparation and rehabilitation. Measures had also been adopted to combat child labour and protect children from exploitation. Migrant workers and their families also had access to birth registration services, and children born in Mauritania could demand the Mauritanian citizenship at their majority. They had the same entitlement to access to schools and to take exams. Access to education, training services, employment, health, culture and housing was also open to migrant workers.

Questions by the Experts

KHEDIDJA LADJEL, Member of the Committee and Country Co-Rapporteur for Mauritania, welcomed the fact that Committee Members had been consulted for the preparation of Mauritania’s report. Issues remained, showing that the situation of migrant workers in Mauritania was not fully in line with the Convention. Eighty per cent of migrant workers did not have permits, nor the necessary means of paying the fee to obtain it. Permits were extremely costly, she noted, and salaries of migrant workers were very low. The legal framework seemed to ignore the diaspora, she regretted, pointing at the difficulties faced by Mauritanian women abroad, particularly those living in the Gulf region where they faced trafficking and exploitation. She also noted the existence of senators who had the responsibility for dealing with the community living abroad, and requested clear information regarding the role and cooperation between actors working on migration issues. She then expressed concern about limitations to the right of migrant workers to have access to a lawyer, as well as restrictions in access to justice for those who did not speak Arabic or French. Could detained migrant workers contact their families abroad? Continuing, the Expert noted with concern allegations of torture against detainees, and the fact that women, men and children in detention were not separated. What was the delegation’s assessment of the number of children born in Mauritania from foreign mothers? Ms. Ladjel expressed concerns about children facing risks of trafficking and exploitation, and raised questions about migrant children’s access to education. Unaccompanied children were reportedly sent out begging, which raised questions regarding the effectiveness of protection centres. What had been done to ensure adherence to Mauritania’s commitment to combat abuses in the context of domestic labour?

AHMADOU TALL, Member of the Committee and Country Co-Rapporteur for Mauritania, while welcoming Mauritania’s positive efforts to protect the rights of migrant workers, noted the importance of discussing remaining challenges. He invited the delegation to go beyond what was written in its legislation and to present practical measures and describe the situation on the ground. He asked how Mauritanian workers and their family members living abroad were informed of consular services provided to them, and about their rights under the Convention. He also asked what measures had been taken to ensure equitable and healthy working conditions for migrant workers and their families. He requested information on regulations and measures relating to the transfer of assets from migrant workers to their families. Mr. Tall also asked what mechanisms had been established to combat exploitation and smuggling of migrants. He echoed concerns regarding allegations of torture in detention facilities, and asked for figures on the number of related cases identified and dealt with by the authorities, and for information on proceedings and condemnation of perpetrators. How many migrant workers had benefited from free legal aid? Despite its direct applicability and the Government’s dissemination efforts, the Convention seemed not to be invoked before the courts. There were also reports of mass expulsions of migrants, the Expert said. According to sources, the National Human Rights Commission was not independent, and did not support migrant workers and their family members.

Turning to the first round of questions, Experts welcomed Mauritania’s will to adopt a human rights-based approach to migration, and commended the quality of its initial report. The Experts asked whether migrant associations had been included in the preparation of the State party’s report.

On applicability, an Expert noted that most legislation on migration was enacted prior to the ratification of the Convention by Mauritania, and asked whether the provisions of the Convention prevailed over national laws, and whether the Convention could be directly invoked by non-citizens.

Experts noted that Mauritania had become a host country, and welcomed the establishment of registration mechanisms for migrants and the adoption of a biometric system, but regretted the high cost of residence permits.

An Expert asked what policies were in place to promote migrants’ access to employment, while another Committee Member requested information on the occupations held by migrant workers in Mauritania. Migrants and domestic workers in Mauritania may face a language barrier, an Expert noted, asking what measures had been implemented to provide them with support. An Expert asked whether foreigners could work as taxi drivers in Mauritania.

An Expert asked what had been done to address the issue of religious migration.

With regards to trafficking and exploitation, an Expert asked whether specific measures had been taken to protect talibé children? Experts noted the importance of border management to prevent smuggling, and asked what regional cooperation Mauritania had engaged in.

Was there a mechanism charged with the collection of statistics on the situation of migrant workers?

Experts noted the low population density of Mauritania, and asked how the Government was ensuring that its policies reached remote areas.

With regards to Mauritanians living abroad, Experts asked what measures were taken to encourage Mauritanians abroad to return and invest in Mauritania. Was there any follow-up mechanism for Mauritanians working in the Gulf region? What had been done to ensure their right to vote?

Replies by the Delegation

Civil society was not directly involved in drawing up the report, the delegation said. The Inter-Ministerial Technical Committee had been entrusted with this task. Civil society organizations had however produced alternative reports which were presented yesterday to the Committee. Contacts were nevertheless held with associations of migrant workers in Mauritania. Grants were allocated to projects by non-governmental organizations (NGOs) supporting migrants. Some 50 initiatives had received funding, and 20 of them were already being implemented.

Mauritania was governed by the rule of law, and there was no violence nor discrimination against migrants. It was important that NGOs backed up any allegations with evidence. There was also no discrimination in terms of border control. The only distinction that was made was the distinction between citizens of countries needing a visa to enter Mauritania, and those who did not.

Turning to the domestication of the Convention, a delegate recalled that Mauritania’s monist system ensured that the provisions of international instruments were directly applicable and had superiority over the laws.

The law foresaw the registration of all civil events, including birth, marriage and death. Irregular migrants could have their children registered according to normal procedures. Births had to be declared within 45 days, and registration was then automatic. After this delay, a court had to carry out the registration. There was an ongoing project to strengthen the coverage of automatic registration.

A 2012 decree foresaw that many Mauritanian diplomatic missions could register children of Mauritanians living abroad, and could ensure their right to vote. Measures had been taken to inform them of their rights, and to ensure their protection. Women living in Saudi Arabia had not been required to inform the authorities about their travel, and went there willingly. A recent agreement had been signed with Saudi Arabia so that any workers going there were fully informed of their rights.

Residency cards were necessary to stay in Mauritania for more than 90 days. When a foreign national was in an irregular situation, he or she would be apprehended by the authorities, and his or her consulate would be informed. Apprehended foreigners were kept in detention centres before being taken back to the border.

The Government had a National Employment Strategy, which would set up a Labour Monitoring Centre. The Labour Code was currently being reviewed in light of Mauritania’s international commitments.

There was a strong legal arsenal to protect children from child labour, and measures had been taken on that issue in partnership with development agencies. The issue of talibé children was a long-standing tradition in West African countries. The Government had taken measures to put an end to this practice. It had first of all ratified the Convention on the Rights of the Child and its two protocols, as well as the ILO conventions on child labour. The Government had established support centres throughout the country for children with disabilities, and had carried out awareness-raising. As a result, many children had been brought back to schools or back to their families in neighbouring countries.

Freedom of belief was guaranteed, and people could practice their religion without any obstacles. The legislation guaranteed respect for cultural identity, and there was no prohibition on related activities.

The Government had statistics concerning the number of foreigners officially registered and with residency cards.

A national decree protected refugees and their status, and had created a body to ensure their protection. There were 50,000 refugees from Mali in Mauritania, most of them in a camp managed by the United Nations Refugee Agency (UNHCR) in the south of the country. Among them, 700 were asylum seekers. The Government managed the needs of these refugees the best it could.

As to border control, the delegation noted that Mauritania was a country of origin, of transit and of destination for migrants. The strategy for dealing with migration had focused on the creation of border control posts, with trained staff in charge of monitoring the borders. The results of this strategy was positive, borders were more secure and there had been a drop in smuggling. Border control and combatting transnational crime required collaborative efforts among neighbouring countries. Mauritania was working with Mali and Senegal to ensure that people could move easily across borders, while guaranteeing security. Other agreements had been concluded with European Union Member States, including Spain.

There were supply contracts with pharmacies as part of a strategy aiming to strengthen the funding of healthcare. Nationals and foreigners had equal access to health services.

English-speaking migrants had set up their own schools to ensure that their children received education in English, with a view to be able to work in their country of origin when they would return there. There were no statistics on the number of migrant children enrolled in Mauritanian schools. Education was free for everyone.

With regards to access to justice, Mauritania had allocated a budget for free legal aid. A specific law on legal aid had been voted in last September, which foresaw a general budget fund available for paying the expenses of legal aid. Migrants therefore did not have to work to access this service. Free legal aid to foreigners was subjected to reciprocity, meaning that Mauritanians abroad had to be provided with free legal aid as well. There would be no trial without legal representation. Migrants had the right to a lawyer as soon as they were detained. Police officers were obliged to contact a lawyer for defending persons they had in detention. Some police officers had been sanctioned because they failed to respect their obligations towards detainees. There were 243 detained migrants in the country, including eight women.

Arabic and French were the two official languages. Wolof and Pulaar languages were also spoken, meaning that migrant workers from West Africa had no trouble being understood. There was no issue here, the delegation said. Interpreters were made available during court proceedings.

Mauritania would consider whether or not to ratify the Optional Protocol to the Convention. Migrant workers could lodge complaints to the African Court on Human and Peoples’ Rights as well as to national institutions.

Questions by the Experts

AHMADOU TALL, Member of the Committee and Country Co-Rapporteur for Mauritania, welcomed the delegation’s efforts to provide the Committee with specific answers and examples of the reality on the ground. He asked whether units that recruited migrant workers to send them abroad still existed. As Mauritania was an Islamic State, begging was tolerated, the Expert noted. There needed to be a paradigm shift with regards to child begging, which constituted a form of exploitation contrary to the Convention and to other international human rights instruments. Children being sent out to streets faced high risks of abuse and exploitation. He also regretted the lack of political will to empower women to work in higher positions in institutions dealing with migration, including detention centres and prisons.

KHEDIDJA LADJEL, Member of the Committee and Country Co-Rapporteur for Mauritania, echoed Mr. Tall’s concerns about child exploitation. She then referred to fishing markets in the country, and noted the harsh working conditions of migrant workers there.

A Member of the Committee reiterated concerns as regards family reunification, and asked for information taken to overcome obstacles to this right.

With regards to the legal framework, an Expert welcomed that Mauritania had adopted good legislation harmonized with its international commitments. What was lacking, however, was implementation, awareness-raising and training of civil servants. She noted that Mauritania had ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and asked whether Mauritania would soon establish a monitoring mechanism for detention places. Another Expert asked whether the delegation could share some court rulings in which national legislation had been put aside in favour of the Convention.

An Expert noted that Mauritania had a gender equality problem, and asked whether the Government was planning to take affirmative measures to ensure the participation of women in public institutions.

Experts reiterated their concerns about 800 or 900 Mauritanian women held in slavery in a Gulf State. This information had been brought to the Committee’s attention by international trade unions.

An Expert asked what had been done to ensure that migrant children received education in their own language.

Experts noted that the State’s monopoly for employment agencies had been revoked, and asked for information on activities and regulations of private employment agencies.

Replies by the Delegation

Begging was a social phenomenon which existed in West Africa, the delegation said. The majority of children involved were foreign nationals who had been illegaly smuggled. The Government had set up a specific programme a few years ago seeking to reintegrate these children. The Government was committed to tackle this phenomenon. Child begging was clearly a crime.

There were women working in female prisons, but they were not responsible for guarding prisoners.

Mauritania had promulgated a law to domesticate the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and was in the process of appointing members of an independent institution for the prevention of torture.

There were no private employment agencies in Mauritania, the delegation said. The fact that the Government no longer had a monopoly meant that such agencies could appear in the future. Travel agencies however were misused to place people with jobs abroad. Those agencies had now been closed and those in charge had been tried.

Concluding Remarks

CHEIKH TOURAD OULD ABDEL MALICK, Commissioner for Human Rights and Humanitarian Action of Mauritania, in concluding remarks, expressed his satisfaction at the constructive dialogue held with the Committee, which would allow Mauritania to better understand the challenges it faced. He thanked all Committee Members for their observations, and assured of his Government’s commitment to implement their recommendations.

JOSE BRILLANTES, Chairperson of the Committee, thanked the delegation and encouraged the Government to implement recommendations that would be issued by the Committee.

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