Mauritania
Mauritania has dedicated and detailed counterterrorism legislation but existing penal law is not considered comprehensive by the United Nations. In early 2022, the UN Office on Drugs and Crime (UNODC) conducted a workshop to assist Mauritanian authorities to enhance the national legal framework on counterterrorism and ensure its compliance with international legal norms. There is no carve-out for the exercise of fundamental human rights. Under Mauritanian law, the death penalty is imposable for terrorist offences that involve homicide.
The Definition of Terrorism in Domestic Law
Terrorist act is specifically defined in Mauritanian law under the 2010 Act as any one of a list of predicate crimes
which, by its nature or context, may cause serious harm to the country and committed intentionally with the aim of seriously intimidating the population or unduly coercing the public authorities to do what they are not obliged to do or to abstain from doing what they are required to do, pervert the fundamental values of society and destabilize the constitutional, political, economic, or social structures and/or institutions of the Nation, or harm the interests of other countries or an international organization.Art. 3, 2010 Counterterrorism Act.
Membership of a terrorist organization
A terrorist organization is defined in the 2010 law as a structured association of more than two people, established for a period of time, and which acts in a concerted manner with a view to committing terrorist offences provided for in the law.Art. 6, 2010 Counterterrorism Act.
Adherence to Global and Regional Terrorism Treaties
Mauritania is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Mauritania is also a State Party to both of the African Union treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1999 Algiers Convention | State Party |
| 2004 Protocol to the Algiers Convention | State Party |
Laws and Penalties for Terrorist Offences
The maximum penalty for terrorist offences is generally between fifteen and twenty years imprisonment.Art. 8, 2010 Counterterrorism Act.But terrorist offences that result in death are subject to the mandatory death penalty.Art. 17, 2010 Counterterrorism Act.Children may be imprisoned for terrorist offences but at half the term imposable for adults and up to a maximum of twelve years.Art. 18, 2010 Counterterrorism Act.
Counterterrorism Capacities and Policies at Domestic Level
The Mauritanian National Committee to Combat Terrorism, which was created in 2019, was given the task of aligning national legislation in line with UN Security Council counterterrorism resolutions.
Glossary
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