Background

In 1989, no less than 50,000 black Mauritanians were expelled from Mauritania to Senegal and Mali. For years these communities had suffered discrimination in social services such as health care and education and were subject to prejudice and victimisation by the government. Evidence collected from expellees indicates that some villages dominated by black Mauritanians had no schools or hospitals that discrimination in employment was rampant, and that black Mauritanians received lower wages than Moors.

These expulsions took place in the context of wider ethnic unrest and human rights violations in Mauritania, including extrajudicial executions, torture, and systematic ethnic discrimination. Other black Mauritanians, upon witnessing violence and deportations, fled across the borders. The expulsions were justified by claims that the expellees were Senegalese and Malian, not Mauritanian nationals. From the time of the expulsions, the expellees, most of whom lived in settlements along the southern bank of the Senegal River Valley agitated for their right to return. These events also caused much cross border fighting, caused Mauritania to sever diplomatic ties and brought them close to all out war. There was much rioting in either country as public anger spilled over and nationals of either country were hunted down by these riotous gangs, their businesses destroyed and themselves subject to untold violence.

In 1995, a bilateral agreement re-established diplomatic relations between Senegal and Mauritania. Under this agreement, Mauritania accepted the voluntary return of the deportees and the restitution of their property, while the Senegal offered citizenship for those who wished to remain in Senegal. Subsequently, the UNHCR withdrew its assistance to the Mauritanian refugees in the valley and an estimated 30,000 deportees voluntarily returned to Mauritania. However, some of these eventually fled back to Senegal due to the Mauritanian government’s failure to respect its engagements.

ACmHPR takes a stand

In 2000, the ACmHPR, in its consolidated decision on communications 54/91, 61/91, 98/93, 164/97 to 196/97, 210/98 declared that Mauritania “take diligent measures to replace the national identity documents of those Mauritanian citizens, which were taken from them at the time of their expulsion and ensure their return without delay to Mauritania.” In addition, it stated that Mauritania should ensure the compensation of belongings looted, and the reinstatement of the rights of those unduly dismissed “and/or forcibly retired workers, with all the legal consequences appertaining thereto.”

In 2005, the ACmHPR’s Special Rapporteur for Refugees, Asylum-seekers and Internally Displaced Persons, Commissioner BTM Nyanduga, partnered with IHRDA and OSJI to visit Mauritanian settlements in Senegal. This mission was to have included visits to Mauritania, but these visits had to be postponed in light of the coup d’etat that overthrew President Ould Taya on August 03, 2005 and Mauritania’s subsequent suspension from the African Union.

IHRDA and OSJI took a separate mission to Mauritania to ascertain the situation of refugees who had returned to Mauritania on their own, in particular whether they were provided with documentation and allowed to participate in the legislative elections scheduled for 19^th November 2006. The mission also gathered information on discrimination against black Mauritanians generally, including Haratines (black Moors), with respect to legal identity and voting. The findings of the mission were shared with the Special Rapporteur.

© IHRDA 2008

A New Hope - 2007

Following the democratic election of President Sidi Ould Cheikh Abdellahi in March 2007 and lifting of Mauritania suspension from the AU, the Special Rapporteur, with IHRDA and OSJI undertook a mission to Mauritania in August 2007. The new government expressed its commitment to the return of the 1989 deportees before the Mauritanian National Assembly on May 31, 2007, when the new Prime Minister Zeïne Ould Zeïdane promised the return “in the shortest time, in conformity with an adequate plan of operations that will be defined by the government, in dialogue with the elected representatives, the political parties, the relevant civil society organisations and with the support the competent bodies of the United Nations organisation and other development partners (donors)”. The mission also visited Mauritanian refugees living in Mali.

In Mauritania, the Special Rapporteur and the IHRDA/OSJI teams met with ministerial authorities and relevant institutions, including the Minister of Foreign Affairs, the Ministry of Justice, the Inter-ministerial Committee for the Return of the Refugees, and the National Commission for Human Rights; as well as with civil society groups, including human rights NGOs, political parties. During the meetings with governmental authorities, the Special Rapporteur discussed the implementation of the ACmHPR decision and raised the issue of the refugees in Mali, a large number of whom remained undocumented and unassisted.

Most importantly, the Special Rapporteur travelled into the countryside in Mali to meet with and hear from the very victims. In these meetings, they expressed their ardent desire to be repatriated, if only the government of Mauritania recognised their Mauritanian citizenship.

By the end of the mission, the Inter-ministerial Committee for the Return of the refugees was examining the possibility of sending a mission to the Mauritanian refugees in Mali. The meetings with civil society groups discussed the challenges awaiting refugees on their return to Mauritania and legal developments in the fight against slavery in Mauritania.

Finally back home - 2008

In January 2008 refugees began to return to Mauritania under a tripartite agreement [download pdf] signed by the UNHCR, Mauritania and Senegal. By November 2008 more than 4,670 deportees had returned voluntarily to Mauritania under the aegis of the UNHCR. The Mauritanian authorities maintained dialogue with the ACmHPR during this process.

IHRDA and OSJI working closely with Mauritanian organisations monitored the process independently regularly highlighting the progress and challenges of the return through public statements at ACmHPR sessions, press statements and discussions with the Special Rapporteur who in various fora reiterated his commitment to the dignified return of Mauritanian refugees in line with the ACmHPR decision.

While there were several serious challenges with the return process including the very dire conditions in returnee sites, delays in documentation, lack of access to education and problems with land allocation, the Mauritanian government on the whole remained committed to the return process.

Retrogress

On 6^th August 2008, the progressive President Sidi Ould Cheikh Abdellahi was overthrown. This has raised serious concerns about the future of the repatriation process. IHRDA issued a briefing paper detailing these concerns [download pdf].

Once again Mauritania is suspended from the AU and the ACmHPR cannot directly engage with the Mauritanian government on the return process. The ACmHPR has expressed its concern about this situation and the need to collaborate with civil society in order to have the critical issues associated with the return process addressed. IHRDA, OSJI and other CSOs continue to monitor the process and engage in broader advocacy for the dignified return and reintegration of Mauritanian refugees.