MAURITANIA-SOGI-TBs-CCPR

Concluding Observations on Report 2 (2019) (Link)

Non-discrimination

12. The Committee notes the constitutional provisions prohibiting discrimination, as well as the adoption of Act No. 2018-023 of 18 January 2018 on the criminalization of discrimination. It is, however, concerned at the lack of a clear definition and criminalization of direct and indirect discrimination that covers all the grounds enumerated in the Covenant, including sexual orientation and gender identity. The Committee is concerned that the lack of legal clarity may lead to many of the Act’s provisions being interpreted in such a way as to restrict the enjoyment of some rights and freedoms and perpetuate discriminatory practices. The Committee is further concerned at acts of discrimination and stigmatization against specific minorities on account of their sexual orientation or gender identity and regrets that sexual activity between consenting adults of the same sex remains an offence that carries the death penalty under article 308 of the Criminal Code (arts. 2, 6, 19, 20 and 26).

13. The State party should amend Act No. 2018-023 to bring it fully into line with the Covenant by incorporating a definition of discrimination, both direct and indirect, including in the private sphere, that contains an exhaustive list of the grounds for discrimination enumerated in the Covenant and covers sexual orientation and gender identity. It should also ensure that the Act provides sufficient guarantees of effective civil and administrative remedies for any type of discrimination. Moreover, it should repeal article 308 of the Criminal Code in order to decriminalize sexual relations between consenting adults of the same sex and release anyone currently detained under this article.

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Concluding Observations on Report 1 (2013) (Link)

[no mention]

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