Mauritania: The treatment of sexual minorities by society and the authorities, including laws, state protection and support services (2015-July 2017)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 11 July 2017 |
| Citation / Document Symbol | MRT105821.FE |
| Related Document(s) | Mauritanie : information sur le traitement réservé aux minorités sexuelles par la société et les autorités, y compris les lois, la protection offerte par l'État et les services de soutien (2015-juillet 2017) |
| Cite as | Canada: Immigration and Refugee Board of Canada, Mauritania: The treatment of sexual minorities by society and the authorities, including laws, state protection and support services (2015-July 2017), 11 July 2017, MRT105821.FE, available at: https://www.refworld.org/docid/598c6bfc4.html [accessed 20 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Research Directorate, Immigration and Refugee Board of Canada, Ottawa
1. Laws
According to sources, sexual acts between persons of the same sex are illegal in Mauritania (ILGA 2017, 37; Freedom House 2016). The United States (US) Department of State's Country Reports on Human Rights Practices for 2016 states that under sharia as applied in the country, same-sex sexual activity is punishable by death (US 3 Mar. 2017, 26).
Article 308 of Mauritania's Criminal Code (Code pénal) states the following:
[translation]
Any adult Muslim man who commits an indecent act or an act against nature with an individual of the same gender will be punished by death by public stoning. If the act was committed by two women, they will be punished by the sentence set out in the first paragraph of Article 306. (Mauritania 1983)
The first paragraph of Article 306 of the Criminal Code states the following:
[translation]
Art. 306 - Any person who commits an act that is indecent and goes against Islamic mores or violates a sacred space or assists in violating a sacred space, if the action is not covered by the crimes of Ghissas or Diya, will be punished by imprisonment of three months to two years and a fine of UM5.000 to UM60.000 [approximately C$18 to C$216]. (Mauritania 1983)
Information on the application of the Criminal Code for non-Muslims could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The Country Reports 2016 states that under sharia, the testimony of four individuals is required for a same-sex sexual activity to be punishable by death (US 3 Mar. 2017, 26). According to a report published in 2017 by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), the death penalty in Mauritania "is codified in the law, but not implemented for same-sex behaviour specifically" (ILGA May 2017, 40). On its website, Amnesty International states that Mauritania [Amnesty International English version] "[r]etains the death penalty in law, but hasn't executed for at least 10 years" (Amnesty International n.d.). Also, in a written statement submitted in 2015 to the United Nations Human Rights Council in the context of the Universal Periodic Review for Mauritania, The Advocates for Human Rights, an NGO dedicated to promoting and protecting human rights and the rule of law (The Advocates Nov. 2015, 1), notes that no executions have been carried out in Mauritania since 1987, "but Mauritania still continues to sentence people to death" (The Advocates Nov. 2015, 2). The 2017 report by the ILGA states that "[a]lthough not applied, the presence of the death penalty in Mauritania emits a strong chill factor for LGBT people in that country" (ILGA May 2017, 153). According to the Country Reports 2016, no law exists to protect LGBTI [lesbian, gay, bisexual, transgender and intersex] persons against discrimination (US 3 Mar. 2017, 26).
2. Treatment of Sexual Minorities
Information on the treatment of sexual minorities in Mauritania was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.
According to the Country Reports 2016, in Mauritania, "[t]he LGBTI community was rarely identified or discussed, which observers attributed to the severity of the stigma and legal penalties attached to such labels" (US 3 Mar. 2017, 26). In its 2016 report on Mauritania, Freedom House states that "LGBT ... individuals generally hide their sexual orientation or gender identity" (Freedom House 2016). Also, according to WorldAtlas, a website that provides information on subjects like geography, sociology, demography, the environment, the economy, politics and travel (WorldAtlas n.d.), in Mauritania, homosexuality is "taboo," and homosexuals "must hide their orientation, or face a certain number of dire consequences in terms of religious, social, and legal persecution" (WorldAtlas 1 Mar. 2017).
3. Support Services
Information on support services offered to sexual minorities in Mauritania could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
The Advocates for Human Rights. November 2015. "Written Statement Submitted by the Advocates for Human Rights, a Non-governmental Organization in Special Consultative Status." [Accessed 7 June 2017]
Amnesty International. N.d. "Mauritania." [Accessed 26 juin 2017]
Freedom House. 2016. "Mauritania." Freedom in the World 2016. [Accessed 26 June 2017]
International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). May 2017. Aengus Carroll and Lucas Ramón Mendos. State-Sponsored Homophobia: a World Survey of Sexual Orientation Laws: Criminalisation, Protection and Recognition. [Accessed 7 June 2017]
Mauritania. 1983. Code pénal. Ordonnance 83-162 du 9 juillet 1983. [Accessed 7 June 2017]
United States (US). 3 March 2017. Department of State. "Mauritania." Country Reports on Human Rights Practices for 2016. [Accessed 7 June 2017]
WorldAtlas. 1 March 2017. C.L. Illsley. "Most Oppressive Countries Towards Homosexuality." [Accessed 5 July 2017]
WorldAtlas. N.d. "About WorldAtlas." [Accessed 5 July 2017]
Additional Sources Consulted
Oral sources: Association mauritanienne des droits de l'homme; Commission for the Defense of Human Rights in Mauritania; Forum des organisations nationales des droits de l'homme; United Nations - UNDP.
Internet sites, including: ARC International; L'Authentique; BBC; Carrefour de la République islamique de Mauritanie; Equaldex; Erasing 76 Crimes; Factiva; Fédération internationale des ligues des droits de l'homme; France - Cour nationale du droit d'asile; Gay Star News; GlobalGayz; Human Rights Campaign Foundation; Human Rights First; Human Rights Watch; Mauritania - government portal, parliament; OutRight International; Pew Research Center; Pink News; Sahara Media Agency.
