B. Constitutional and judicial frameworks
1°) Constitutional framework
The Constitution of 20 July 1991, amended in 2006 and in 2012, provides for the
establishment of several institutions including the Constitutional Council, the Economic
and Social Council, the Court of Auditors, the Higher Islamic Council, the National Human
Rights Commission…
Article 1 of the Constitution stipulates: “Mauritania is an Islamic, indivisible, democratic
and social Republic. The Republic ensures all its citizens equality before the law, without
distinction as to origin, race, sex or social condition.” Article 3 enshrines the principle of
democracy: “sovereignty belongs to the Mauritanian people, who shall exercise it through
their representatives or by referendum”.
The republican State is characterized by the principle of separation of powers. The President
of the Republic is elected by direct universal suffrage for a term of five years, renewable
once. The President defines national policy, which is implemented by the Government, led
by a Prime Minister.
Legislative power is exercised by the Parliament which adopts laws and is responsible for
oversight of Government action. The Parliament includes the National Assembly and the
Senate.
Administrative organization is decentralized and devolved. Its territory is organized into
several administrative levels: wilayas (15), moughataas (58) and districts (218). The various
levels of the Administration each contribute to the political, economic and social
development of the country.
2°) Judicial institutions
The system of justice is based on the second-hearing principle (the same case may be tried
in first and second instance). The system includes trial courts at the level of the moughataas
and wilayas, appeal courts and a Supreme Court. A High Court of Justice is entrusted with
the trial of the highest authorities in the State (President of the Republic and members of
the Government). Constitutional justice is guaranteed by the Constitutional Council.
A High Council dealing with fatwas and informal appeals allows users of the justice
system to be directed towards solutions which comply with Islamic law.
The Government enhanced the effectiveness of the justice system by bringing the courts
closer to the people with the establishment of one appeal court in Aleg, two regional trial
courts in North and South Nouakchott, a labour court in Zouerate and three criminal courts
specializing in the fight against slavery. Furthermore, it has put in place a national strategy
to combat corruption, and sectoral plans are being implemented by public departments to
fight this phenomenon in collaboration with civil society, which ensures compliance with
national anti-corruption laws.
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