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Refugees and Asylum Seekers

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Mauritania<br />

<strong>Refugees</strong> <strong>and</strong> <strong>Asylum</strong> <strong>Seekers</strong> 30,500<br />

Morocco 26,000<br />

Mali 3,500<br />

1951 Convention: Yes<br />

1967 Protocol: Yes<br />

Reservations: None<br />

UNHCR Executive Committee: No<br />

African Refugee Convention: Yes<br />

Population: 3.1 million<br />

GDP: $2.8 billion<br />

GDP per capita: $889<br />

Introduction Mauritania hosted some 30,500 refugees<br />

<strong>and</strong> asylum seekers, including about 26,000 ethnic<br />

Sahrawis from the disputed Western Sahara held by<br />

Morocco, many of whom moved back <strong>and</strong> forth from the<br />

camps in Tindouf, Algeria. There were also about 3,500<br />

Malians, <strong>and</strong> nearly 1,000 refugees <strong>and</strong> asylum seekers<br />

recognized by the Office of the UN High Commissioner<br />

for <strong>Refugees</strong> (UNHCR) from various countries, including<br />

Sierra Leone, Côte d’Ivoire, <strong>and</strong> Liberia. There were also<br />

about 130,000 migrants, mostly from sub-Saharan Africa,<br />

following massive expulsions from Morocco <strong>and</strong> Algeria,<br />

some of whom may have been refugees.<br />

Most refugees <strong>and</strong> asylum seekers lived on the<br />

outskirts of the two major urban centers: the capital,<br />

Nouakchott; <strong>and</strong> the economic center, Nouadhibou on<br />

the coast.<br />

C<br />

Mauritania . Statistics .<br />

Refoulement/Physical<br />

Protection Mauritania deported<br />

at least two recognized refugees,<br />

one from Côte d’Ivoire <strong>and</strong><br />

another from Liberia, to Senegal,<br />

but both managed to return with<br />

the help of smugglers. Another<br />

refugee chose to repatriate after seven months' unjustified<br />

imprisonment rather than remain in prison for another year<br />

<strong>and</strong> a half; another, faced with the same choice, went to Mali<br />

to seek asylum. The Government also helped the European<br />

Commission <strong>and</strong> Spain repatriate thous<strong>and</strong>s of migrants<br />

trying to reach the Canary Isl<strong>and</strong>s.<br />

<strong>Refugees</strong> <strong>and</strong> asylum seekers were likely among the<br />

many migrants who attempted the dangerous crossing by<br />

sea to the Canary Isl<strong>and</strong>s or the desert crossing to Morocco<br />

in which thous<strong>and</strong>s died. Between January <strong>and</strong> February,<br />

Mauritania refused to allow Marine I, a str<strong>and</strong>ed vessel from<br />

Guinea-Conakry with some 400 mostly South Asians <strong>and</strong><br />

Africans, to l<strong>and</strong> until Spain agreed to fly them out within<br />

4 hours. Because they had no papers, however, Spain could<br />

not repatriate them <strong>and</strong> they remained in detention. A senior<br />

Mauritanian official said that the Government would not<br />

permit vessels to l<strong>and</strong> in the future. The Ministry of Interior<br />

(MOI) claimed to have intercepted at least 4,500 migrants by<br />

August with the assistance of Spanish security forces.<br />

In November, at least 47 died off the northern<br />

port of Nouadhibou after being at sea for 19 days trying<br />

to reach the Spanish isl<strong>and</strong> of Fuerteventura. Although<br />

Mauritania withdrew from the Economic Community of<br />

West African States in 1999 <strong>and</strong> imposed restrictions on<br />

nationals of member states in 2001, it still allowed visa-free<br />

entry <strong>and</strong> residence to Senegalese, Malians, <strong>and</strong> Gambians<br />

with papers.<br />

Mauritania was party to the 1951 Convention relating<br />

to the Status of <strong>Refugees</strong>, its 1967 Protocol, <strong>and</strong> the<br />

1969 Convention governing the Specific Aspects of <strong>Refugees</strong><br />

in Africa, all without reservation, <strong>and</strong> its 1991 Constitution<br />

provided that international treaties were a superior authority<br />

to national law. The Constitution also prohibited extradition<br />

except according to international law <strong>and</strong> extradition<br />

treaties.<br />

In 2004, Mauritania became the first country in<br />

North Africa to adopt a national refugee law. Under a 2005<br />

decree, the MOI created the National Consultative Commission<br />

for <strong>Refugees</strong> (NCCR) through which asylum seekers<br />

could apply for protection. A committee of six civil servants<br />

from different ministries, under the supervision of UNHCR,<br />

could hear cases to determine refugee status. It did not approve<br />

its first cases, however, until January 2008. There was<br />

no appeals process. UNHCR continued to be the primary<br />

agency to determine refugee status <strong>and</strong> the Government accepted<br />

UNHCR’s registration of about 800 asylum seekers<br />

from Sierra Leone, Liberia, <strong>and</strong> elsewhere.<br />

Detention/Access to<br />

Courts Authorities detained<br />

at least three asylum applicants for<br />

a week without offering reasons.<br />

UNHCR prevailed upon the MOI to<br />

D<br />

free two of the aforementioned refugees<br />

who had spent seven months<br />

in prison. The International Committee of the Red Cross<br />

(ICRC) brought them to UNHCR’s attention during the fifth<br />

month. There were some 30 cases of arbitrary detention of<br />

non-nationals released upon UNHCR’s intervention.<br />

Authorities detained many migrants in transit to<br />

<strong>and</strong> from Europe, some of whom may have been refugees,<br />

including some with legal immigration status in Mauritania,<br />

whom authorities merely suspected of attempting to<br />

123

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