In a recent observation, Gehad Madi, the UN Special Rapporteur on the human rights of migrants, acknowledged Mauritania's legislative strides while expressing concerns over ongoing human rights abuses against migrants. Following his ten-day mission in Mauritania, which included meetings with a variety of stakeholders and visits to key facilities, Madi praised the government’s efforts in enhancing legal and operational frameworks to better manage migration.

“I commend the Mauritanian Government for addressing migration challenges, notably through the adoption of laws against trafficking and migrant smuggling, the establishment of reception centres, and by strengthening search and rescue operations at sea,” Madi highlighted. These efforts are part of Mauritania's commitment to global standards, bolstered by the 2020 anti-trafficking law and the inauguration of specialized tribunals and national bodies aimed at combating human trafficking and smuggling.

Despite these advancements, Madi stressed a significant discrepancy between the existing legal frameworks and their actual execution. Issues such as arbitrary arrests, document confiscation, prolonged detention, and collective expulsions without judicial review were identified as persistent challenges. Particularly troubling are the expulsions of migrants from conflict-ridden regions like Mali and Sudan, often conducted without proper assessment of their protection needs, contravening international laws and Mauritania’s own policies on non-refoulement.

The principle of non-refoulement, a cornerstone of the 1951 Refugee Convention and the Convention against Torture, prohibits the return of individuals to countries where they face serious threats to their life or freedom. Furthermore, collective expulsions without individual assessment defy Article 13 of the International Covenant on Civil and Political Rights, demanding due process before removal.

Madi also raised alarms over the treatment of vulnerable groups, especially women and children. Reports of sexual abuse, family separation during deportations, and minors being detained in substandard conditions were particularly concerning. These practices may violate the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women, to which Mauritania is a signatory.

The Special Rapporteur urged the Mauritanian government to adopt a comprehensive asylum law with robust procedural safeguards, halt collective expulsions, and establish independent bodies to oversee and investigate abuses by security forces. He also advocated for measures to simplify the residence permit process, enhance judicial oversight of migrant detention, and implement gender-sensitive protections.

In his appeal to the international community, particularly the European Union, Madi emphasized the need to prioritize human rights in cooperation agreements over security-driven agendas. He also recommended increased financial and technical support for UN agencies and civil society organizations, underscoring their vital roles in assisting migrants and monitoring rights abuses.

As Mauritania navigates these complex issues, the balance between securing its borders and safeguarding the rights of migrants remains a critical challenge. The international community’s role in supporting Mauritania to align its practices with its legal commitments is more crucial than ever.