| For a summary of Mauritania’s review at the second cycle please click here. |
9th UPR session
Date of review: 10 November 2010
Date of report adoption: 4 January 2011
Document number: A/HRC/16/17
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SUMMARY SOGIESC issues during Mauritania’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to privacy, marriage and family life
26. JS1 reported that Mauritania maintained criminal sanctions against sexual activity between consenting adults, as provided for in articles 306(1) and 308 of the Penal Code. JS1 recommended that Mauritania be urged to repeal all provisions which criminalize sexual activity between consenting adults.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
56. France […] noted that the death penalty had not been used de facto since 1987, although it still existed in the penal code and was applicable for homosexuality.
67. Sweden, noting that Mauritania had maintained criminal sanctions against same-sex activity between consenting adults, inquired about any initiatives taken to repeal the law forbidding such sexual activity.
73. The Criminal Code, which included penalties for those who had same-sex sexual relations, was based on Muslim sharia law, personal ethics and the specific nature of the country. The relevant provisions would be studies in detail with a view to bringing them into line with international standards.
V. Conclusions and/or recommendations
Mauritania noted the following recommendations:
93.2. Include sexual orientation and gender identity in non-discrimination laws and programmes, and promote tolerance and non-discrimination regarding sexual orientation or identity, in line with the Yogyakarta principles (Sweden);
93.3. Remove the provisions of the penal code that allow the punishment of the death penalty for homosexuality, as soon as possible (France);
93.4. Ensure that the death penalty is not applied to consensual same-sex relations between adults, and that the Penal Code does not criminalize such activity (Sweden).
VI. Further information
You will find all documents relating to Mauritania’s first review at UPR-Info and OHCHR’s websites.