Mauritania

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Mauritania

RightSectionContents
Freedom of AssociationHistoryThe country’s 1964 Law of Associations acknowledges the existence of associations within Mauritania’s legal code, though it requires them to be registered and authorized by the government. It “gives the Ministry of Interior far-reaching powers to refuse such permission on vague grounds” (MENA Rights Groups 2021). Mauritania’s original constitution, adopted in 1961, affirmed the country’s commitment to the Declaration of the Rights of Man and of the Citizen (1789) which discusses political associations, but does not explicitly state its commitment to the right (Mauritanie 1961).

Mauritanie. “Constitution du 20 mai 1961” Digithéque MJP 1961 https://mjp.univ-perp.fr/constit/mr1961.htm MENA Rights Groups. “Mauritania’s human rights record examined by UN Member States” MENA Rights

2021 https://menarights.org/en/articles/mauritanias-human-rights-record-examined-un-member-
Freedom of ExpressionHistorySince its independence in 1960, Mauritania has operated under various constitutions. Its first constitution was written in 1961 in the nation's then official language: French(Mauritanie, Constitution de 1961, 2024). The Islamic Republic of Mauritania Constitution does not explicitly and directly guarantee the right to freedom of expression. However, in the preamble the country proclaims itself to follow the principles of democracy and the rights outlined in the 1789 Declaration of Human Rights, otherwise known as The Declaration of the Rights of Man and Citizen. The French National Assembly asserts that “The unrestrained communication of thoughts and opinions being one of the most precious rights of man, every citizen may speak, write, and publish freely, provided he is responsible for the abuse of this liberty, in cases determined by law.” The previous section also addresses relative aspects of the freedom of expression by providing that “No man ought to be molested on account of his opinions, not even on account of his religious opinions, provided his avowal of them does not disturb the public order established by law.”

Sources:

https://constitutionnet.org/sites/default/files/declaration_of_the_rights_of_man_1789.pdf

“Mauritanie, Constitution de 1961, Digithèque MJP.” 2024. Univ-Perp.fr. 2024. https://mjp.univ-perp.fr/constit/mr1961.htm. Robert Earl Handloff. 1990. Mauritania. U.S. Government Printing Office.
Freedom of ReligionHistoryArticle 2 of Mauritania’s 1959 Constitution contains the first assertion of freedom of religion in the country’s independent history. The document also states that “the religion of the Mauritanian people is the Muslim religion.”

Mauritania’s 1991 constitution was adopted on 12 July of that year. The preamble and Article 1 guarantee equality under the law, however it does not include religion as a distinct protected class. Article 5 declares that Islam is the state religion.

“Islamic Republic of Mauritania Constitution of 22 March 1959.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzmr0017&i=3

Constitution Project. “Mauritania 1991 (Rev. 2012) Constitution.” Constitute. POGO , April 27, 2022. Last modified April 27, 2022. Accessed June 21, 2022. https://www.constituteproject.org/constitution/Mauritania_2012?lang=en.
Freedom of the PressHistoryMauritania’s 1961 Constitution drew from the French Declaration of the Rights of Man and included press freedom protections (Handloff 1987, p. 126). Today, however, Mauritania’s 1991 Constitution contains no explicit protections on press freedom (Constitute Project, “Mauritania’s Constitution of 1991 with Amendments through 2012” ).
Privacy RightsHistoryArticle 13(4) protects the right to privacy in Mauritania: “The honor and the private life of the citizen, the inviolability of the human person, of his domicile and of his correspondence are guaranteed by the State” (Constitute Project, "Mauritania 1991 rev. 2012" ). https://www.constituteproject.org/constitution/Mauritania_ 2012? lang=en
Voting Rights and SuffrageHistoryUnder Article 3, suffrage, both indirect and direct, must be universal, equal, and secret and is a right provided to everyone who has met the legal age requirement regardless of gender. Article 26 states that The President is elected by universal suffrage. Under Article 47, the Deputies to the National Assembly are elected via direct suffrage, however the senators are elected via indirect suffrage in order to represent the all territories of The Republic. (Constitute Project, “Mauritania’s Constitution of 1991 with Amendments through 2012” ).