Distr.

GENERAL

CRC/C/15/Add.159
6 November 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Mauritania.
06/11/2001.

CRC/C/15/Add.159.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-eighth
session

CONSIDERATION OF REPORTS SUBMITTED
BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Concluding observations of the
Committee on the
Rights of the Child: Mauritania

1. The Committee considered the initial report of
Mauritania (CRC/C/8/Add.42), submitted on 18 January 2000, at its 723rd and
724th meetings (see CRC/C/SR.723-724), held on 25 September 2001, and adopted,
at its 749th meeting (CRC/C/SR.749) held on 12 October 2001, the following
concluding observations.

A. Introduction

2. The Committee welcomes the submission of the State
party's initial report, which generally follows the guidelines for reporting,
and the timely submission of the written replies to its list of issues
(CRC/C/Q/MAU.1). However, it regrets the almost seven-year delay in submitting
this report. It further notes with appreciation the high-ranking delegation sent
by the State party and welcomes the frank dialogue and the positive reactions to
the suggestions and recommendations made during the discussion.

B. Positive
aspects

3. The Committee welcomes the recent adoption of the
Personal Status Code, which contains provisions to protect children, including
the prohibition of early marriage; of the act making basic education compulsory
for all children between the ages of 6 and 14; and of an amended Labour Code in
compliance with the Convention which prohibits child labour before the age of
16.

4. The Committee notes with satisfaction the
establishment in 1992 of the Secretariat of State for the Status of Women and of
the National Council for Children to promote children rights and prepare
policies and programmes on children, as well as the establishment of juvenile
courts in all the main towns of the wilayas
(regions). It further commends the
establishment of the "Mauritanian Mayors in Defence of Children Initiative" to
deal with children's issues at local level, of the Parliamentary Children's
Group and of the Municipal Children's Council.

5. The Committee takes note with satisfaction of the
series of conferences designed to familiarize administrators, teachers, legal
staff and civil society with the Convention. It further welcomes the signature
on 22 August 2001 of the joint UNDP-OHCHR technical cooperation project in the
framework of the HURIST programme.

6. The Committee appreciates the establishment of a
national commission to coordinate the preparation of the initial report composed
of representatives of the ministerial departments concerned with the Convention
and of representatives of the civil society.

C. Factors and difficulties
impeding progress in the implementation of the Convention

7. The Committee notes with concern that economic and
social difficulties facing the State party have a negative impact on the
situation of children and are impeding the full implementation of the
Convention, especially in rural and remote areas. In particular, it notes the
negative impact of desertification and drought that, by causing an accelerated
urbanization and uncontrolled exodus from rural areas, increases the level of
poverty and the dismantling of family structures.

8. The Committee further notes that the limited
availability of skilled human resources, particularly in rural and remote areas,
also adversely affects the full implementation of the Convention.

D. Principal areas of concern and
recommendation

1. General measures of
implementation

Legislation

9. The Committee, while taking note that the adoption
of some national codes is currently being considered, in particular a new
criminal code and a code of criminal procedure for juveniles, remains
nevertheless concerned that domestic and customary laws still do not fully
comply with the provisions and principles of the Convention.

10. The Committee
encourages the State party:

(a) To take all
necessary measures to ensure that its domestic legislation, including customary
laws, conforms fully to the principles and provisions of the Convention;

(b) To ratify the International Covenants on Civil and
Political Rights and on Economic, Social and Cultural Rights and the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment;

(c) To ratify the African Charter on the Rights and
Welfare of the Child; and

(d) To seek technical assistance from, among others,
UNICEF and OHCHR.

Coordination

11. The Committee, while noting the establishment of a
National Council for Children which should provide coordination between
government departments and ministries, expresses its concern at the lack of an
effective inter-institutional mechanism for coordinating the implementation of
the Convention both at the national and local levels. Further, the Committee
notes with concern that most of the goals in the National Plan of Action for the
period 1992-2001 were not reached.

12. The Committee
recommends that the State Party:

(a) Take all necessary measures to allocate principal
responsibility for the coordination of the implementation of the Convention at
both national and local levels to a single body or mechanism;

(b) Allocate for this purpose adequate human and
financial resources for its effective performance; and

(c) For the preparation of the new National Plan of
Action 2002-2012, take into account the obstacles met when implementing the
National Plan of Action 1992-2001 and the results of the mid-term evaluation and
of the review made for the end-of-decade report.

Budgetary allocations

13. The Committee notes with concern that budgetary
allocations for children are insufficient to respond to national and local
priorities for the protection and promotion of children's rights and to overcome
and remedy existing disparities between rural and urban areas with respect to
services provided to children.

14. In light of article
4 of the Convention, the Committee recommends that the State party:

(a) Strengthen its efforts to reduce poverty and its
impact on children;

(b) Identify clearly its priorities with respect to
child rights issues in order to ensure that funds are allocated to the "maximum
extent of available resources" for the implementation of the rights recognized
in the Convention, including the economic, social and cultural rights of
children, in particular at local level and for children belonging to the most
vulnerable groups in society; and

(c) Take the necessary measures to identify the amount
and proportion of the budget spent on children at the national and local levels,
including the resources from international aid programmes, in order to
adequately evaluate its impact on children.

Monitoring

15. The Committee expresses its concern at the absence
of an independent mechanism, such as an ombudsman or a commission for children,
to monitor children's rights and to receive and address individual complaints
from children on violations of their rights under the Convention. It further
takes note that there are ongoing discussions on the establishment of such a
body.

16. The Committee
encourages the State party to pursue its efforts with a view to developing and
establishing an independent and effective mechanism, provided with adequate
human and financial resources and easily accessible to children and in
accordance with the Principles relating to the status of national institutions
for the promotion and protection of human rights (General Assembly resolution
48/134), that:

(a) Monitors the implementation of the Convention;

(b) Deals with complaints from children in a
child-sensitive and expeditious manner; and

(c) Provides remedies for violations of their rights
under the Convention.

In this regard, the Committee further recommends that
the State party consider seeking technical assistance from, among others, UNICEF
and OHCHR.

Data collection

17. The Committee is concerned at the lack of
disaggregated data and indicators for all areas covered by the Convention and in
relation to all groups of children in order to monitor and evaluate progress
achieved and assess the impact of policies adopted with respect to children.

18. The Committee
recommends that the State Party:

(a) Develop a system of data collection and indicators
consistent with the Convention, disaggregated by gender, age, minority and
ethnic groups, and urban and rural areas. This system should cover all children
up to the age of 18 years, with specific emphasis on those who are particularly
vulnerable, including child victims of abuse, neglect, or ill-treatment;
children with disabilities; children belonging to ethnic groups; refugee and
asylum-seeking children; children in conflict with the law; working children;
children living in the streets and in rural areas; and

(b) Use these indicators and data for the formulation
and evaluation of policies and programmes for the effective implementation of
the Convention.

Dissemination and training

19. While noting that some efforts have been
undertaken by the State party in order to disseminate the Convention in
Mauritania, the Committee expresses its concern that they targeted only very
specific groups and not the general population.
Further, it notes with concern that the Convention
is not available in the national languages spoken in the State party.

20. The Committee
recommends that the State party:

(a) Translate informative material into the national
languages, such as Pulaar, Suninké and Wolof, and disseminate it
effectively;

(b) Develop more creative methods to promote the
Convention, including through audiovisual aids such as picture books and
posters, in particular at local level;

(c) Provide further adequate and systematic training
and/or sensitization of professional groups working with and for children, such
as judges, lawyers, law enforcement personnel, teachers, school administrators
and health personnel;

(d) Fully integrate the Convention into the curricula
at all levels of the educational system; and

(e) Seek technical assistance from, among others,
UNICEF, UNESCO and OHCHR.

2. Definition of the child

21. The Committee notes that the newly adopted
Personal Status Code sets the minimum age for marriage at 18, but it expresses
its concern about the disparity between the legal minimum age for admission to
employment (16 years) and the age for the end of compulsory education (14
years).

22. In light of articles
1 and 2 of the Convention, the Committee recommends that the State party ensure
that the minimum age for marriage is fully enforced in practice, and that the
population is aware of its existence, in order to bring an end to the practice
of early marriage of girls. It further recommends that the State party redefine
the minimum age for the end of compulsory education so that it corresponds to
the age for admission to employment.

3. General principles

General principles

23. The Committee is concerned that the principles of
non-discrimination (art. 2 of the Convention), best interests of the child (art.
3), right to life and maximum possible survival and development of the child
(art. 6) and respect for the views of the child (art. 12) are not fully
reflected in the State party's legislation and administrative and judicial
decisions, as well as in policies and practices relevant to children at both
national and local levels.

24. The Committee
recommends that the general principles of the Convention, in particular the
provisions of articles 2, 3, 6 and 12:

(a) Be appropriately integrated in all relevant
legislation concerning children;

(b) Be applied in all political, judicial and
administrative decisions, as well as in projects, programmes and services which
have an impact on all children; and

(c) Guide planning and policy-making at every level,
as well as actions taken by social and health welfare institutions, courts of
law and administrative authorities.

Non-discrimination

25. The Committee is concerned by the persistence of
discrimination in the State Party. In particular, the Committee is concerned by
the occurrence of discrimination against children belonging to minorities,
children with disabilities and, at the cultural level, girls. Moreover, the
Committee is concerned at the discrepancies in the enjoyment of rights in
relation to certain vulnerable groups: children living in rural areas, refugee
children, children from poor families, children working on the streets and
children born out of wedlock.

26. In light of article
2 of the Convention, the Committee recommends that the State party:

(a) Make concerted efforts at all levels to address
discrimination, notably discrimination based on gender, national, ethnic or
social origin and disability, through a review and reorientation of policies,
including increased budgetary allocations for programmes targeting the most
vulnerable groups;

(b) Ensure effective law enforcement, undertake
studies and launch comprehensive public information campaigns to prevent and
combat all forms of discrimination; and

(c) Include specific information in the next periodic
report on the measures and programmes relevant to the Convention on the Rights
of the Child undertaken by the State party to follow up on the Declaration and
Programme of Action adopted at the 2001 World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, and taking account of the
Committee's General Comment No. 1 on article 29 (1) of the Convention (aims of
education).

4. Civil rights and
freedoms

Birth registration

27. While noting Act No. 96/020 of 19 June 1996 on the
obligation to register every child's birth and the establishment of a
Secretariat of State for Civil Registration, the Committee is nevertheless
concerned at the difficulties that are still experienced in registering,
organizing and keeping civil registry records, in particular in rural
areas.

28. In light of article
7 of the Convention, the Committee recommends that the State party:

(a) Continue to develop more widespread awareness
among the population, including through public information campaigns, of the
importance of immediate birth registration; and

(b) Improve the registration procedures and system in
order to reach all families, in particular in rural and remote areas, and
facilitate the registration of the births of their children.

Corporal punishment

29. The Committee is concerned that corporal
punishment of children is widely practised in the family. It further notes that
it is not expressly banned in schools and institutions.

30. In light of articles
3, 19, and 28 (2) of the Convention, the Committee encourages the State party
to:

(a) Develop measures to raise awareness on the harmful
effects of corporal punishment and engage in the promotion of alternative forms
of discipline in families to be administered in a manner consistent with the
child's dignity and in conformity with the Convention; and

(b) Explicitly prohibit corporal punishment in the
family, in schools and in other institutions.

5. Family environment and
alternative care

Assistance to vulnerable families

31. The Committee notes with concern the high number
of female-headed families, in particular in the capital, which are particularly
vulnerable to poverty.

32. In light of article
18 of the Convention, the Committee recommends that the State party ensure
assistance to female-headed families in the performance of their child-rearing
responsibilities, in particular with regard to access to health and education,
and strengthen its programme of microcredits.

Child abuse and neglect

33. The Committee notes with concern that there is no
procedure available for children who are abused and/or neglected within the
family.

34. In light of article
19 of the Convention, the Committee recommends that the State party:

(a) Establish effective procedures and mechanisms to
receive, monitor and investigate complaints about child abuse and neglect,
including intervention where necessary;

(b) Prosecute cases of ill-treatment, ensuring that
the abused child is not victimized in legal proceedings;

(c) Train teachers, law enforcement officials, care
workers, judges and health professionals in the identification, reporting and
management of ill-treatment cases; and

(d) Provide proper alternative placement when this is
in the best interest of the child.

Recovery of children's maintenance allowance

35. The Committee expresses its concern at the lack of
implementation of the legislation on maintenance, due mainly to widespread
ignorance of the law or to psychological reasons, i.e. pride or shame.

36. In light of article
27 (4) of the Convention, the Committee recommends that the State party:

(a) Make widely known, notably to women who are
illiterate, the provisions of domestic legislation concerning maintenance
allowance; and

(b) Ensure that professional groups dealing with this
issue are adequately trained and that courts are stricter about the recovery of
allowances from solvent parents who refuse to pay.

6. Basic health and
welfare

Health and health services

37. The Committee is concerned at the poor situation
of maternal, child and the reproductive health and the limited access to health
care. In particular, it notes the lack of qualified medical and paramedical
staff and the shortage of medicines and equipment in rural areas. It further
notes that infant, child and maternal mortality rates, as well as abortion and
malnutrition rates, are particularly high in rural areas and in poor urban
areas. The Committee also takes note of the low immunization rates and of the
resurgence of tuberculosis.

38. In light of article
24 of the Convention, the Committee recommends that the State party:

(a) Allocate appropriate resources and develop
comprehensive policies and programmes to improve the health situation of all
children without discrimination, in particular by focusing more on primary care
and further decentralizing the health care system;

(b) Reduce child mortality and morbidity by providing
adequate antenatal and postnatal health care services;

(c) Develop campaigns to inform parents of basic
knowledge about child health and nutrition, the advantages of breastfeeding,
hygiene and environmental sanitation; and

(d) Look to international cooperation for the full and
efficient implementation of the immunization programme.

Children with disabilities

39. While noting that the State party has developed a
strategy for the integration and development of children with disabilities
involving community-based rehabilitation, the Committee remains nevertheless
concerned about the huge number of children with disabilities who are
institutionalized, the general lack of resources and specialized staff for these
children and the absence of support for their families.

40. In light of article
23 of the Convention, the Committee recommends that the State party:

(a) Undertake measures to ensure that the situation of
children with disabilities is adequately monitored in order to assess
effectively their situation and needs;

(b) Allocate the necessary resources for programmes
and facilities for all children with disabilities, especially the ones living in
rural areas, and further develop community-based programmes in order for the
children to be able to stay at home with their families;

(c) Provide professional and financial support to
families;

(d) In light of the Standard Rules on the Equalization
of Opportunities for Persons with Disabilities (General Assembly resolution
48/96) and the Committee's recommendations adopted at its day of general
discussion on "The rights of children with disabilities" (see CRC/C/69), further
encourage their inclusion into society and their integration into the regular
educational system, including by providing special training to teachers and by
making schools more accessible; and

(e) Seek technical assistance from, among others, WHO
and UNICEF.

Adolescent health

41. The Committee expresses its concern regarding the
high rates of early pregnancy, the rise in the number of children and youths
using tobacco and drugs, and the growing number of cases of HIV/AIDS among
youths. Further, it notes the limited availability of programmes and services in
the area of adolescent health, including mental health, in particular treatment
and rehabilitation programmes for drug addiction. It also notes the lack of
sufficient prevention and information programmes, especially on reproductive
health, in schools.

42. The Committee
recommends that the State party:

(a) Undertake a comprehensive and multidisciplinary
study to assess the scope of adolescent health problems, including the negative
impact of HIV/AIDS, in order to be able to develop adequate policies and
programmes;

(b) Increase its efforts to promote adolescent health,
including mental health, policies, particularly with respect to reproductive
health and substance abuse, and strengthen the programme of health education in
schools;

(c) Undertake further measures, including the
allocation of adequate human and financial resources, to evaluate the
effectiveness of training programmes in health education, in particular as
regards reproductive health; and

(d) Develop youth-sensitive counselling, care and
rehabilitation facilities that are accessible, without parental consent, when
this is in the best interests of the child.

Traditional harmful practices

43. While noting the measures taken by the State party
to combat the traditional practices of female genital mutilation and forced
feeding, the Committee is nevertheless concerned at the continuing use of these
practices, especially in rural areas.

44. In light of article
24 (3), of the Convention, the Committee urges the State party:

(a) To prohibit, and take action to end, the practices
of female genital mutilation and forced feeding;

(b) To raise awareness of their harmful
effects;

(c) To seek assistance from UNICEF and WHO in this
regard; and

(d) To take advantage of the efforts in this regard
made by other States in the region.

7. Education, leisure and cultural
activities

Education and leisure

45. While noting the increase in the number of schools
and classrooms, the Committee is nevertheless concerned that only approximately
60 per cent of children attend school and that there are great gender and
regional disparities. It further notes with concern the high drop-out and
repeating rates; the inadequacy of the school curriculum; the high teacher-pupil
ratio, especially in the capital, Nouakchott; the low enrolment rate in
secondary schools; the inadequate school infrastructure; and the low number of
children receiving pre-school education. Furthermore, the Committee expresses
its concern at the lack of play space and recreational facilities for children,
especially in rural areas.

46. In light of articles
28 and 29 of the Convention, the Committee recommends that the State
party:

(a) Enforce the act that makes basic education
compulsory for all children between the ages of 6 and 14;

(b) Undertake appropriate measures to ensure regular
attendance at schools and the reduction of drop-out rates, in particular among
girls;

(c) Continue its efforts to expand pre-school
education;

(d) Take further steps to ensure the enrolment of
children in secondary school;

(e) Improve the quality of education;

(f) Orient education towards the aims mentioned in
article 29 (1) of the Convention and the Committee's general comment on the aims
of education, in particular by introducing human rights, including children's
rights, education in the curriculum at all levels of education, including
teacher training; and

(g) In light of article 31 of the Convention, seek to
ensure the right of the child to rest and leisure and to engage in play and
recreational activities, inter
alia by educating parents on the importance of
these activities for the development of the child and by developing appropriate
facilities, in particular in rural areas.

8. Special protection
measures

Refugee children

47. The Committee notes with concern that the State
party does not give identification documents to refugees and their children and
that the rights of refugee children are not specifically protected by law,
notwithstanding the fact that the State party has signed the 1951 Convention
relating to the Status of Refugees and has acceded to the 1967 Protocol. It
further notes that there are no laws and practices guaranteeing the
reunification of families.

48. In light of article
22 of the Convention, the Committee recommends that the State party:

(a) Integrate the provisions of the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol into its
legislation;

(b) Grant proper official identification documents to
refugees in order to enable them to travel and to access other basic rights;
and

(c) Enact legislation, policies and programmes
guaranteeing the reunification of families where this is possible.

Economic exploitation

49. The Committee is concerned about the high number
of children engaged in labour, in particular children working in agriculture, in
the informal sector and in the street, including the talibés who are exploited by
their teachers. While recognizing the efforts undertaken by the State
party to stop cases of trafficking of children towards Arab countries, it
remains concerned that girls involved in domestic service are often not paid or
underpaid and that involuntary servitude is reported to exist in some isolated
areas.

50. In light of article
32 of the Convention, the Committee recommends that the State party:

(a) Continue to undertake measures to prevent and
combat all forms of economic exploitation of children;

(b) Complete the ratification process and implement
ILO Convention No. 138 concerning Minimum Age for Admission to Employment and
ILO Convention No. 182 concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour; and

(c) Seek assistance from ILO/IPEC in this
regard.

Juvenile justice

51. The Committee, while noting that the Government is
in the process of drawing up a new criminal code and a code of criminal
procedure specific to juveniles, expresses its concern that adult offenders and
juvenile delinquents are treated the same and that the budget allocated to
juvenile justice is small. It further notes that judges are not informed about
alternatives to detention and that there is little resort to diversion
programmes or similar out-of-court procedures for dealing with juvenile
delinquents. While noting the positive development of the establishment of the
Beyla Centre for the recovery and reintegration of children in conflict with the
law in Nouakchott, it remains concerned at the high rates of recidivism, and
further notes that children detained in the interior of the country are often
kept with adults and subjected to ill-treatment.

52. The Committee
recommends that the State Party:

(a) Undertake all necessary measures to ensure the
prompt adoption of a new criminal code and a code of criminal procedure specific
to juveniles, i.e. all persons under 18, and allocate adequate human and
financial resources for their implementation;

(b) Take additional steps to reform the system of
juvenile justice in the spirit of the Convention, in particular articles 37, 40
and 39, and other United Nations standards in the field of juvenile justice,
including the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the
Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty;

(c) Consider deprivation of liberty only as a measure
of last resort and for the shortest possible period of time; protect the rights
of children deprived of their liberty, including those pertaining to conditions
of detention; and ensure that children are separated from adults and remain in
regular contact with their families while in the juvenile justice system;

(d) Use alternative measures to pre-trial detention
and other forms of deprivation of liberty whenever possible;

(e) Introduce training programmes on relevant
international standards for all professionals involved with the system of
juvenile justice;

(f) Make every effort to establish a programme of
rehabilitation and reintegration of juveniles following justice proceedings;
and

(g) Request technical assistance in the area of
juvenile justice and police training from, among others, OHCHR, the United
Nations Centre for International Crime Prevention, the International Network on
Juvenile Justice and UNICEF, through the United Nations Coordination Panel on
Technical Advice and Assistance on Juvenile Justice.

Optional Protocols

53. The Committee
encourages the State party to ratify the Optional Protocols to the Convention on
the Rights of the Child on the sale of children, child prostitution and child
pornography, and on the involvement of children in armed conflict.

9. Dissemination of
documents

54. Finally, the
Committee recommends that, in light of article 44, paragraph 6, of the
Convention, the initial report and written replies presented by the State party
be made widely available to the public at large and that the publication of the
report be considered and the concluding observations adopted thereon by the
Committee, along with the relevant summary records. Such a document should be
widely distributed in order to generate debate and awareness of the Convention
and its implementation and monitoring within the Government and the general
public, including NGOs and children.

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Office of the United
Nations High Commissioner for Human Rights
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