The Sahara has linked rather than divided the peoples who inhabit it and has served as an avenue for migration and conquest. Mauritania, lying next to the Atlantic coast at the western edge of the desert, received and assimilated into its complex society many waves of these migrants and conquerors. Berbers moved south to Mauritania beginning in the third century A.D., followed by Arabs in the eighth century, subjugating and assimilating Mauritania's original inhabitants. From the eighth through the fifteenth century, black kingdoms of the western Sudan, such as Ghana, Mali, and Songhai, brought their political culture from the south.

The divisive tendencies of the various groups within Mauritanian society have always worked against the development of Mauritanian unity. Both the Sanhadja Confederation, at its height from the eighth to the tenth century, and the Almoravid Empire, from the eleventh to the twelfth century, were weakened by internecine warfare, and both succumbed to further invasions from the Ghana Empire and the Almohad Empire, respectively. The one external influence that tended to unify the country was Islam. The Islamization of Mauritania was a gradual process that spanned more than 500 years.

Beginning slowly through contacts with Berber and Arab merchants engaged in the important caravan trades and rapidly advancing through the Almoravid conquests, Islamization did not take firm hold until the arrival of Yemeni Arabs in the twelfth and thirteenth centuries and was not complete until several centuries later. Gradual Islamization was accompanied by a process of arabization as well, during which the Berber masters of Mauritania lost power and became vassals of their Arab conquerors. The Mauritanian Thirty-Year War (1644-74) was the unsuccessful final Berber effort to repel the Maqil Arab invaders led by the Beni Hassan tribe. The descendants of Beni Hassan warriors became the upper stratum of Moorish society. Berbers retained influence by producing the majority of the region's Marabouts--those who preserve and teach Islamic tradition. Hassaniya, a mainly oral Berber-influenced Arabic dialect which derives its name from the Beni Hassan tribe, became the dominant language among the largely nomadic population. Aristocrat and servant castes developed, yielding "white" (aristocracy) and "black" Moors (the enslaved indigenous class).

From the fifteenth to the nineteenth century, European contact with Mauritania was dominated by the trade for gum arabic. Rivalries among European powers enabled the Arab-Berber population, the Maures (Moors), to maintain their independence and later to exact annual payments from France, whose sovereignty over the Senegal River and the Mauritanian coast was recognized by the Congress of Vienna in 1815. Although penetration beyond the coast and the Senegal River began in earnest under Louis Faidherbe, governor of Senegal in the mid-1800s , European conquest or "pacification" of the entire country did not begin until 1900. Because extensive European contact began so late in the country's history, the traditional social structure carried over into modern times with little change.

The history of French colonial policy in Mauritania is closely tied to that of the other French possessions in West Africa, particularly to that of Senegal, on which Mauritania was economically, politically, and administratively dependent until independence. The French policy of assimilation and direct rule, however, was never applied with any vigor in Mauritania, where a system that corresponded more to Britain's colonial policies of association and indirect rule developed. Colonial administrators relied extensively on Islamic religious leaders and the traditional warrior groups to maintain their rule and carry out their policies. Moreover, little attempt was made to develop the country's economy.

After World War II, Mauritania, along with the rest of French West Africa, was involved in a series of reforms of the French colonial system, culminating in independence in 1960. These reforms were part of a trend away from the official policies of assimilation and direct rule in favor of administrative decentralization and internal autonomy. Although the nationalistic fervor sweeping French West Africa at this time was largely absent in Mauritania, continuous politicking (averaging one election every eighteen months between 1946 and 1958) provided training for political leaders and awakened a political consciousness among the populace. Nevertheless, when Mauritania declared its independence in 1960, its level of political as well as economic development was, at best, embryonic.

Mauritania's postindependence history has been dominated by regional politics. Morocco and Algeria, vying for regional dominance, have continually influenced Mauritanian politics and fortunes. During the first nine years of independence, the regime of Moktar Ould Daddah was preoccupied with expansionist designs by Morocco, whose military strength constituted a perpetual threat to Mauritania's territorial integrity. This threat was intensified by the support of some of Mauritania's Maure population for unification with Morocco. In 1969, when Morocco finally recognized Mauritania's independence, the Daddah regime responded by breaking many of its extensive economic and military ties to France and establishing closer relations with Arab states, including both Morocco and Algeria.

By 1975 Mauritania had entered the military conflict over the fate of the Western Sahara. Among the inhabitants of this former Spanish territory are the Sahrawis, a group that shares ethnic ties with some of Mauritania's Maure population. The war in the Western Sahara has become a struggle by the Sahrawi liberation group, the Polisario, for national self-determination. Regionally, however, the war was and continued in 1987 to be a power struggle between Algeria, which supported the front militarily, and Morocco, which occupied the territory. Mauritania's participation in the war began with its claim to and occupation of a southern province in the Western Sahara, an action designed to prevent Morocco from occupying the entire territory. At the same time, the Daddah regime hoped to befriend Morocco by cooperating in the occupation of the Western Sahara.

Politically, from independence until the overthrow of the Daddah regime in 1978, the leadership concentrated on consolidating the power of the ruling Mauritanian People's Party and moving toward a one-party state. The regime also sought to eliminate the friction that resulted from political and social differences between the Maure and black components of the population, which could impede the attainment of national unity. Economically, the Western Sahara war, which coincided with a period of severe drought, dealt a near-fatal blow to Mauritania's development and forced the country to increasingly depend on foreign aid, mostly from conservative Arab countries.

The inability of the Daddah regime to extricate Mauritania from its economic problems and the war led to a military coup d'état in July 1978. During the next six years, the country was ruled by military regimes whose efforts to remain outside the Western Sahara conflict were impeded by the continuing war between Morocco and the Polisario, which spilled over into Mauritania's northern regions. The most durable of the military regimes during that period was led by Mohamed Khouna Ould Haidalla, who assumed power in May 1979. It survived as long as it did because Haidalla skillfully balanced the factions in his government, which included nationalists, adherents of the Western Sahara liberation cause, and proponents of close ties with Morocco. Toward the end of his regime, however, Haidalla began to arrogate authority at the expense of the other members of the ruling body, the Military Committee for National Salvation. Some of these decisions concerned highly charged political issues, such as the recognition of the Polisario's governing arm, the Sahrawi Arab Democratic Republic. The ruling committee also accused Haidalla of corruption and nepotism and decided finally, in December 1984, to depose him. This act reflected Mauritania's delicate and vulnerable regional position and the necessity for its leaders to maintain a neutral position toward the Western Sahara.

Today, Mauritania is a highly centralized Islamic Republic dominated by a strong presidency. The Constitution provides for a civilian government composed of a dominant executive branch, a senate, and a national assembly. President Maaouya Ould Sid'Ahmed Taya has governed since 1984, first as head of a military junta, and since 1992 as head of an elected civilian government. Taya was reelected President with more than 90 percent of the vote in 1997 elections widely regarded as fraudulent. The next presidential elections are scheduled for 2003. In October 15 political parties presented candidates for simultaneous elections for the 81-member National Assembly and more than 3,000 municipal posts nationwide. The introduction of hard-to-falsify voter identification cards and published, revised voter lists led to elections considered generally fair and transparent. Opposition parties made significant gains, particularly in urban areas, winning 11 National Assembly seats and 15 percent of the municipal posts. The Constitution provides for an independent judiciary; however, the judiciary is subject to significant pressure from the executive through its ability to influence judges.

In 1987 the military government was the most likely arena for power struggles affecting internal security. Aside from factions within the military, there appeared to be no group with a large enough power base or organizational structure to challenge the existing military regime. Despite the personal popularity of President Taya, governmental institutions remained without a broad base of support and provided no outlet for discontent, dissent, or even meaningful debate over national policies.

From independence until the 1978 military coup, labor and student unrest and racial clashes presented the most serious threats to internal security. These threats were interrelated because minority ethnic groups from the Senegal River Valley actively participated in the unions and student demonstrations.

Throughout the 1960s and early 1970s, labor unions struck primarily in Fdérik at the Mauritanian Iron Mines Company (Société Anonyme des Mines de Fer de Mauritanie--MIFERMA) complex, whose employees had grievances against the West European overseers. Violence was common, and the army was used to quell the frequent disturbances, causing injuries, deaths, and numerous arrests. In their turn, many students opposed the government's language policy, which in 1966 required students to study Hassaniya Arabic as well as French. Violent confrontations often erupted, and schools were frequently closed for months at a time. Moreover, students often joined forces with MIFERMA strikers in opposition to the PPM.

From the time of the military coup in 1978 through 1987, the CMSN leadership banned all political parties and opposition groups and suspended freedom of assembly, especially public meetings that addressed political themes. Labor unions were the only nationwide organizations with any political import that were not dissolved following the 1978 coup. The right to strike existed in theory but was greatly restricted in practice, and extended strikes were strongly opposed by the government. There were only two brief strikes, in the early 1980s.

In 1978 serious ethnic conflict erupted between Maures and southern blacks. Blacks resented their overrepresentation as recruits in the Western Sahara conflict and their underrepresentation in the upper echelons of the military. Racial unrest peaked during February and March 1979. For the first time since the military coup in 1978, antigovernment activists distributed hostile tracts in the streets and placed antiregime slogans on walls. The government arrested several people, including black teachers and students who threatened to strike over the language issue. Further troubles occurred during March 1979 when a number of prominent, moderate blacks were arrested for advocating the use of ethnic quotas to fill government jobs; however, they were released a few days later in response to popular pressure.

In an effort to mollify blacks, on March 19, 1979, the government announced the formation of the National Consultative Council. Composed of eighty-seven Maures and seventeen blacks, it was intended to provide a measure of popular participation in decision making until such time as elections could be held. On March 30, all seventeen blacks resigned, charging the council with unequal ethnic representation.

Despite increased ethnic tensions, the government under both Mustapha Ould Salek and Ahmed Ould Bouceif took no action to appease the black community. On the contrary, the new military government virtually barred blacks from government. Moreover, the government took measures in November 1978 that favored Arabic as the sole language in Mauritania's secondary schools, further fueling accusations of economic and political discrimination.

Tensions between blacks and Maures erupted in 1986 following the publication in April of a document entitled Le Manifeste du Négro-Mauritanien Opprime (Manifesto of the Oppressed Black Mauritanian). The manifesto was circulated in cities and towns in Mauritania and also at the September 1986 Nonaligned Movement summit in Harare, Zimbabwe and at the Organization of African Unity (OAU) summit in Addis Ababa, Ethiopia. This document criticized "Mauritanian apartheid" and the white Maure system that ensured the political and economic domination by the Arab-Berbers at the expense of the black ethnic groups. The manifesto also took issue with the policy of favoring Arabic over French, the lack of educational opportunities for blacks, and land reform measures. In particular, the manifesto viewed the controversial Land Reform Act of 1983 as a means by which wealthy, urban Maures could appropriate profitable land along the Senegal River, traditionally the homeland of Mauritania's black population.

More ethnic unrest continued into September 1986, when police arrested several black leaders for participating in civil disturbances. Later that month, an additional forty blacks were arrested for what the government labeled subversive activities. In addition, dozens of leading black public figures, including two former cabinet ministers, were detained for questioning about "activities harmful to national unity." Nine of those arrested were later sentenced to five years' imprisonment, and eight were sentenced to four years' imprisonment. The accused had allegedly opposed the land reform measures.

On October 9 and 11, 1986, in response to the September arrests, violence again erupted. Black demonstrators ransacked and burned a fish factory, gasoline station, and pharmacy. The government linked this violence to the African Liberation Forces of Mauritania (Forces de Libération Africaine de Mauritanie-- FLAM) and the black African manifesto attacking Maure discrimination. Thirteen of those arrested in the 1986 protests over racial discrimination against blacks were convicted of arson in Nouakchott and Nouadhibou in October 1986. Five of them were sentenced to five years' imprisonment and eight to four years' imprisonment. Five others on trial on similar charges were acquitted. An additional twenty people were tried and convicted in March 1987.

As part of a large-scale crackdown on blacks (and the Toucouleur community in particular) carried out in the second half of 1986, all Toucouleur officers serving at posts of responsibility in the military regional commands were sacked. The administration purged itself of all its Toucouleur governors, préfets, and sous-préfets serving in the south (they were either sent to the far north or fired.) Among those who lost their positions within the CMSN and/or the government as a result of the crackdown was the minister of interior, information, and telecommunications, Lieutenant Colonel Anne Amadou Babali (a Toucouleur), who was transferred to the Ministry of Trade and Transport for about six weeks and then dismissed from government on October 4, 1986. The director of the International Bank of Mauritania (Banque Internationale pour la Mauritanie--BIMA) was fired, and the head of the Red Crescent (Red Cross in Islamic countries) was removed from office. Authorities banned meetings of black self-help groups and cultural associations and even engaged in surveillance of large gatherings of black families, such as weddings. In this tense environment, a group calling itself the National Front of Black Officers (Front National des Officiers Noirs--FRON) emerged and denounced the arbitrary arrests and sentences of Mauritanians who wished only to guarantee civil and political rights for all ethnic groups. FRON blamed the Maure community for the chaos and called for the institution of a multiracial republic.

The government was not about to follow such a drastic prescription. The elections of December 1986 had allowed the semblance of political participation at the local level, a process that Taya described as a first step toward participatory democracy. To the credit of all Mauritanians, the elections proceeded peacefully; however, the problems of ethnic imbalance remained unaddressed by the government.

The country, which has an estimated population of 2.5 million, has a market-oriented economy based on fishing, mining, subsistence farming, herding, and a small commercial sector. Fish and iron ore are the country's main export-earners. Drought, desertification, and insect infestation have contributed to rapid urbanization, extensive unemployment, pervasive poverty, and a burdensome foreign debt. In February 2000, the country qualified for debt relief under the Highly Indebted Poor Countries initiative and in December 2000, published a Poverty Reduction Strategy Paper, which sets important targets for private sector development and improved access to education and health care for all segments of society in all parts of the country. The concentration of much of the country's wealth in the hands of a small elite, including the President's tribe and related Moor tribes, as well as a lack of transparency and accountability in certain areas of governance, impedes economic growth. Annual per capita national income is estimated at $380 (97,000 ouguiya). The country receives foreign assistance from bilateral and multilateral sources.

Virtually all Mauritanians are Sunni Muslims. They adhere to the Maliki rite, one of the four Sunni schools of law. Since independence in 1960, Mauritania has been an Islamic republic. The Constitutional Charter of 1985 declares Islam the state religion and sharia the law of the land.

Islam first spread southward into West Africa, including Mauritania, with the movement of Muslim traders and craftsmen and later with the founders of Islamic brotherhoods. Although the brotherhoods played a role in the early expansion of Islam, it was not until the nineteenth century that these religious orders assumed importance when they attempted to make religion a force for expanding identities and loyalties beyond the limits of kinship. The relative peace brought to the area by French administration and the growing resentment of colonial rule contributed to the rapid rise in the power and influence of the brotherhoods. In recent decades, these orders have opposed tribalism and have been an indispensable element in the growth of nationalist sentiment.

The shahadah (profession of faith, or testimony) states succinctly the central belief, "There is no God but God (Allah), and Muhammad is his Prophet." The faithful repeat this simple profession on ritual occasions, and its recital designates the speaker as a Muslim. The God preached by Muhammad was known to his countrymen, for Allah is the general Arabic term for the supreme being rather than the name of a particular deity. Rather than introducing a new deity, Muhammad denied the existence of the pantheon of gods and spirits worshiped before his prophethood and declared the omnipotence of God, the unique creator. The term Islam means submission to God, and a person who submits is a Muslim.

Muhammad is the "Seal of the Prophets," the last of the prophetic line. His revelations are said to complete for all time the series of revelations that had been given earlier to Christians and Jews. God is believed to have remained one and the same throughout time, but men are seen as having misunderstood or strayed from his true teachings until set aright by Muhammad. Prophets and sages of the biblical tradition, such as Abraham, Moses, and Jesus, are recognized as inspired vehicles of God's will. Islam, however, reveres as sacred only the message, rejecting Christianity's deification of the messenger. It accepts the concepts of guardian angels, the Day of Judgment, resurrection, and the eternal life of the soul.

The duties of the Muslim form the "five pillars" of the faith: the shahadah, salat (daily prayer), zakat (almsgiving), sawm (fasting), and hajj (pilgrimage). The believer prays facing Mecca five times a day. Whenever possible, men pray in congregation at a mosque under direction of an imam, or prayer leader, and on Fridays are obliged to do so. Women are permitted to attend public worship at the mosque, where they are segregated from the men, but their attendance tends to be discouraged, and more frequently they pray in the seclusion of their homes.

In the early days of Islam, a tax for charitable purposes was imposed on personal property in proportion to the owner's wealth; the payment purified the remaining wealth and made it religiously legitimate. The collection of this tax and its distribution to the needy were originally functions of the state. With the decentralization of Muslim religious and political authority as Islam spread to many countries, however, this became an individual responsibility.

The ninth month of the Muslim calendar is Ramadan, celebrated as the time during which the Quran was revealed to Muhammad. It is a period during which Muslims must abstain from food, drinking, smoking, and sexual activity during the daylight hours. Exempted are the sick, soldiers on duty, travelers on necessary journeys, young children, and menstruating, pregnant, or lactating women. The well-to-do accomplish little work during this period, and many businesses close or operate on reduced schedules. Since the months of the lunar calendar revolve through the solar year, Ramadan occurs during various seasons.

Finally, at least once during their lifetime, all Muslims should if possible make the hajj to the holy city of Mecca to participate in the special rites that occur during the twelfth month of the lunar calendar. Upon completion of this and certain other ritual assignments, the returning pilgrim is entitled to an honorific title, Haj (fem., Hajjah).

In addition to prescribing specific duties, Islam imposes a code of conduct entailing generosity, fairness, honesty, and respect for others. It proscribes adultery, gambling, usury, and the consumption of carrion, blood, pork, and alcohol. The proscription of alcohol is irregularly enforced in most Muslim countries, but since 1986 the Mauritanian government has strictly enforced its prohibition.

Muslims traditionally are subject to sharia, which--as interpreted by religious courts--covers most aspects of life. Sharia was developed by jurists from the Quran and from the traditions of the Prophet, and it provides a complete pattern for human conduct. Sharia also serves as a normative legal code.

The crime rate in Mauritania is very low compared to industrialized countries. An analysis was done using INTERPOL data for Mauritania. For purpose of comparison, data were drawn for the seven offenses used to compute the United States FBI's index of crime. Index offenses include murder, forcible rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. The combined total of these offenses constitutes the Index used for trend calculation purposes. Mauritania will be compared with Japan (country with a low crime rate) and USA (country with a high crime rate). According to the INTERPOL data, for murder, the rate in 1999 was 0.76 per 100,000 population for Mauritania, 1.00 for Japan, and 4.55 for USA. For rape, the rate in 1999 was 0.88 for Mauritania, compared with 1.47 for Japan and 32.05 for USA. For robbery, the rate in 1999 was 20.55 for Mauritania, 3.34 for Japan, and 147.36 for USA. For aggravated assault, the rate in 1999 was 26.96 for Mauritania, 15.97 for Japan, and 329.63 for USA. For burglary, the rate in 1999 was 7.28 for Mauritania, 206.01 for Japan, and 755.29 for USA. The rate of larceny for 1999 was 10.25 for Mauritania, 1267.95 for Japan, and 2502.66 for USA. The rate for motor vehicle theft in 1999 was 2.48 for Mauritania, compared with 34.01 for Japan and 412.70 for USA. The rate for all index offenses combined was 69.16 for Mauritania, compared with 1529.75 for Japan and 4184.24 for USA. (Note: data were not reported to INTERPOL by the USA for 1999, but were derived from data reported to the United Nations for 1999)

Between 1996 and 1999, according to INTERPOL data, the rate of murder in Mauritania decreased from 1.35 to 0.76 per 100,000 population, a decrease of 43.7%. The rate for rape decreased from 1.8 to 0.88, a decrease of 51.1%. The rate of robbery increased from 17.35 to 20.55, an increase of 18.4%. The rate for aggravated assault decreased from 49.45 to 26.96, a decrease of 45.5%. The rate for burglary decreased from 9.75 to 7.28, a decrease of 25.3%. The rate of larceny increased from 6.9 to 10.25, an increase of 48.6%. The rate of motor vehicle theft decreased from 8.85 to 2.48, a decrease of 72%. The rate of total index offenses decreased from 95.45 to 69.16, a decrease of 27.5%.

Through the 1960s and early 1970s, Mauritania's legal system bore the imprint of the French legal and judicial system. As the number of legal cadres rose, so did attempts to reconcile secular and Islamic law. In the meantime, Islamic courts coexisted alongside secular courts based on the French model. Neither appellate courts nor courts with constitutional jurisdiction existed. There were few secular lawyers; Mauritania's first French-trained lawyer was Daddah. The 1961 Constitution provided that French laws were to remain in effect until amended or repealed, as were French civil, commercial, and penal codes. The first Mauritanian chief justice of the Supreme Court was not appointed until November 1965, in accordance with a law requiring that a Muslim fill the position. As late as 1968, fully one-quarter of Mauritania's judges (including almost all the secular law judges) were French. Only in the early 1970s were new labor and nationality codes adopted, along with new codes of penal, civil, commercial, and administrative procedure.

The sharia Islamic code, which was instituted in 1980, served as the law of the land in civil matters, except in certain socalled modern areas, such as nationality law and litigation involving corporations, automobiles, and aircraft. Sharia also covered such areas of public law as theft and murder. As in French law, no one was presumed innocent; thus an inability to convince the sitting magistrate that the government's charges were erroneous in itself constituted proof of guilt, as did firsthand testimony from a witness or codefendant. Defendants had the right to counsel and could appeal a verdict to the Supreme Court within fifteen days. As in secular courts, circumstantial evidence was inadmissable as proof of guilt. Plea bargaining was also common. Although Mauritanian law guaranteed expeditious arraignment and trial, the slow functioning of the state's inadequately funded judicial system frequently resulted in long pretrial detentions. Under legislation approved by the increasingly isolated President Daddah just prior to the 1978 coup, the state arrogated the authority to detain without trial or appeal anyone judged to be a national security threat. (The Taya government exercised that prerogative in September 1986 when it arrested thirteen blacks from the Toucouleur ethnic group, including prominent educators, politicians, and media figures, on charges of sedition and threatening national security.)

Although nearly all of Mauritania is Muslim, some opposition to the institution of sharia was expressed by blacks and women, who believed that it discriminated in favor of the white, Maure male population. Meanwhile, communal tensions resulting from a strict interpretation of sharia have waned over the years as courts have moderated their interpretation. This moderation has not prevented the government from more fully implementing previously ignored provisions of sharia, however. In October 1986, the government interdicted the introduction and sale of alcohol in Mauritania to all but foreign diplomats and technical assistants working for the government. Punishment for violating the ban was to be forty lashes administered in public as prescribed by sharia.

At the top of the judicial system in 1987 was the Supreme Court, which had six permanent members, including a president, who had to be a jurist in both Islamic and secular law. In addition, court members included two vice presidents, one Islamic and one secular; two ordinary counselors, also one Islamic and one secular; and a financial counselor, who served a two-year term and was selected jointly by the ministries of justice and finance. The six judges did not sit together to hear cases; the number and type of judge (secular or Islamic) depended on the nature of the case. The court had three areas of competence: appellate review, administrative litigation, and financial oversight. The Supreme Court also heard questions on constitutionality.

In judging constitutional cases before the 1978 coup, the court included only five judges: the president, the two vice presidents, and two extraordinary counselors, one of whom was appointed by the president of the republic and the other by the president of the National Assembly; both extraordinary counselors served two-year terms. (Under military rule, both were chosen by the head of state with advice from the CMSN.) The court ruled on the constitutionality of proposed projects, laws, or treaties at the request of the president; determined the eligibility of presidential candidates; adjudicated electoral disputes; and supervised referenda and censuses. The court also closely supervised the normal activities of the National Assembly, ensuring its conformity to the Constitution. As the final appellate court, the Supreme Court heard appeals from the Court of First Instance and the Labor Court or appeals based on the lack of jurisdiction or a violation of due process from any other court. As an administrative court, it had first and final jurisdiction in litigation concerning state-owned property, the status of civil servants, and public administration. In its financial oversight role, the Supreme Court verified public accounts and imposed sanctions on civil servants found guilty of fraud or mismanagement.

In 1987 internal security forces consisted of the police and certain paramilitary forces, including the National Guard, the Presidential Guard, and the National Gendarmerie. The urban-based police, which in 1986 numbered 1,000 men, was organized under the director of national security, Captain Ely Ould Mohamed Vall, who reported to the minister of interior, information, and telecommunications. Locally, each préfet and town mayor had authority over the police in his jurisdiction. The minister exercised command through the governors of the twelve regions.

The police were charged with law enforcement and criminal investigation. In the name of keeping order, police could ban demonstrations and meetings or force them to disperse if order was threatened. They could ban certain persons from certain areas, put them under house arrest, or expel them from the country. The police could also suspend individual liberties if the president declared a state of emergency.

The National Guard, also subordinate to the Ministry of Interior, Telecommunications, and Information, was responsible for maintaining law and order in rural areas, although at times of civil unrest the unit operated in urban areas. In 1987 the National Guard numbered 1,400. The Presidential Guard was a subdivision of the National Guard and was responsible for protecting the president and his home.

Mauritania's National Gendarmerie, or militarized police force, was responsible for enforcing both civilian and military law in rural and urban areas. In 1987 the gendarmerie was divided into six regional companies and numbered 2,500 men. Originally, this force was part of the army, but by 1987 it had become a separate force and had headquarters in Nouakchott. It was responsible to the armed forces chief of staff.

Today, the Government maintains order with regular armed forces, the National Guard, the Gendarmerie, and the police. The Ministry of Defense directs the armed forces and Gendarmerie; the Ministry of Interior directs the National Guard and police. The armed forces are responsible for national defense. The National Guard performs police functions throughout the country in areas in which city police are not present. The Gendarmerie is a specialized paramilitary group responsible for maintenance of civil order in and outside metropolitan areas. Security forces are under the full control of the Government and are responsible to it. Some members of the security forces committed human rights abuses.

Security forces shot and killed one person during the year 2001. Police used excessive force, beat, or otherwise abused detainees, and used arbitrary arrest and detention and illegal searches; however, reports of police abuses continued to decrease during the year 2001. The Government failed to bring to justice most officials who committed abuses.

Security forces killed one person during the year 2001. In February members of the National Guard killed one Senegalese fisherman and injured another Senegalese fisherman when they shot at fish poachers; no action was taken again the guard members. In late February, the Government and the Government of Senegal reached an agreement to increase the number of fishing licenses issued to the Senegalese, and since the agreement, there have been no further incidents of police shootings.

The law prohibits torture and other forms of cruel or inhuman punishment; however, on occasion the police reportedly continued to beat criminal suspects while in custody. In July, 2001, police beat two persons detained in Aioun. There were fewer reports of the use of undue force by police in controlling public crowds or breaking up the limited number of peaceful demonstrations that took place.

In 1999 the Director of Security traveled to each region of the country to meet with police forces to inform their members that the Government would not tolerate the use of torture or undue force and that violators would be prosecuted. These visits reportedly were successful. The Government has continued its in-service training of police and other security personnel, which has shown some positive results. Reports of the use of excessive force, requests for payoffs, or other abusive behavior continued to decrease during the year 2001, and some violators were sanctioned.

The law requires judicial warrants in order to execute home searches; however, the authorities reportedly often ignore this requirement.

Government surveillance of dissidents and the political opposition is believed to continue, although the extent to which the Government used informants is unknown.

The Constitution prohibits arbitrary arrest and detention; however, police arbitrarily arrested and detained citizens. The actual application of the constitutional safeguards continued to vary widely from case to case. The law requires that courts review the legality of a person's detention within 48 hours of arrest. The police may extend the period for another 48 hours, and a prosecutor or court may detain persons for up to 30 days in national security cases. Only after the prosecutor submits charges does a suspect have the right to contact an attorney. There is a provision for granting bail, but it is used rarely.

Security forces continued to use arbitrary arrest, detention, and intimidation against opposition parties; however, there were fewer such reports during the year 2001.

Unlike in the previous year, there were no reports that security forces arbitrarily arrested and detained returned refugees or others protesting land redistribution in communities in the south along the Senegal River; however, land tenure reform remains a concern.

Human rights activists report that police showed greater respect for legally mandated procedures and that prison administration continued to show improvement; however, pretrial detention after arraignment often is prolonged. An estimated 15 to 20 percent of those in prison have not yet been tried, or were awaiting sentencing following their trials. Some indicted detainees are released before trial without explanation; familial, tribal, or political connections may explain some of these cases. In 2000 the Government and an NGO sponsored a 10-day seminar for 50 police officers to inform them of the rights of children and the legal treatment of detained suspects.

There is no provision in the law regarding exile, and there were no reports of forced exile during the year 2001. The Government continued to welcome the return of any citizens who had been expelled or who had fled from 1989 to 1991. In July former President Moktar Ould Daddah, who had been living abroad since his overthrow in 1978, returned to the country.

In 1980 the government declared sharia (Islamic law) to be the official legal code. Since that time, many Mauritanians have criticized sharia for failing to consider environmental or sociological factors contributing to crime, for ignoring official corruption, and for authorizing particularly such brutal and extreme punishment as public whippings and amputations, which were held at Nouakchott stadium in the early 1980s (reportedly accompanied by cheering onlookers). Only in August 1984 was amputation halted.

Treatment of prisoners worsened in the early 1980s when both torture and detention without charge became increasingly routine. Moreover, friends and relatives of prisoners also became victims of harassment and repression. Foreign observers expressed concern about the treatment and well-being of those arrested, especially black prisoners.

In keeping with the tenets of sharia, the government moved to eliminate alcohol consumption. On October 2, 1986, the cabinet banned the import, purchase, and consumption of alcoholic drinks for Mauritanian nationals; Taya later extended the ban to foreign nationals, although diplomats from foreign embassies and expatriate technical assistants were exempt from the ban. Foreigners violating this law were liable to expulsion; Mauritanian violators risked forty lashes in public as prescribed by sharia.

Article 3 of the CMSN's Constitutional Charter of February 1985 stated that the CMSN had the power to grant amnesty, except for violations that carried sentences of qissas and hudud. Qissas was retributory justice requested by the family of a victim of a crime. Hudud was punishment prescribed by sharia for religious crimes that would be dealt with by civil courts in non-Muslim countries, such as adultery and drinking alcoholic beverages.

In the Taya regime, however, strict discipline was tempered with leniency. When Taya seized power, one of his first acts was to pardon most political prisoners, including former President Daddah, as well as five men condemned to life imprisonment for their participation in the March 16, 1981, coup attempt. Among other things, the terms of the general amnesty permitted opposition groups to return to Mauritania.

Today, the Constitution provides for the independence of the judiciary; however, in practice the executive branch exercises significant pressure on the judiciary through its ability to appoint and influence judges. In addition poorly educated and poorly trained judges who are susceptible to social, financial, tribal, and personal pressures limit the judicial system's fairness. However, the Government carried out a program to improve judicial performance and independence.

There is a single system of courts with a modernized legal system that conforms with the principles of Shari'a (Islamic Law). The judicial system includes lower-, middle-, and upper-level courts, each with specific jurisdictions. Departmental, regional, and labor tribunals are the principal instances at the lower level. The 53 departmental tribunals, composed of a president and magistrates with traditional Islamic legal training, hear civil cases involving sums less than $39 (10,000 ouguiya) and family issues, such as domestic, divorce, and inheritance cases. A total of 13 regional tribunals accept appeals in commercial and civil matters from the departmental tribunals and hear misdemeanors. Three labor tribunals, composed of a president and two assessors (one who represents labor and one who represents employers), serve as final arbiters for labor disputes. At the middle level, three courts of appeal, each with two chambers (a civil and commercial chamber, and a mixed chamber), hear appeals from the regional courts and have original jurisdiction for felonies.

The Supreme Court nominally is independent and is headed by a magistrate appointed to a 5-year term by the President. The Supreme Court reviews decisions and rulings made by the courts of appeal to determine their compliance with the law and procedure. Constitutional review is within the purview of a six-member Constitutional Council, composed of three members named by the President, two by the National Assembly President, and one by the Senate President. Annual review of judicial decisions is undertaken by the Supreme Council of Magistrates, over which the President presides; the president and senior vice president of the Supreme Court, the Minister of Justice, three magistrates, and representatives from the Senate and National Assembly are members of this Council. The annual review is intended to determine whether courts applied the law correctly and followed proper procedures. The most recent review was used as a basis for evaluating the reform process, providing for retraining of judges, and making reassignments based on their qualifications.

The minimum age for children to be tried is 12. Those between the ages of 12 and 18 are tried and sentenced to the juvenile detention center. In 2000 a special court to hear the cases of children under the age of 18 became operational. Children appearing before the court received more lenient sentences than did adults, and extenuating circumstances received greater consideration in juvenile cases.

With international assistance, the Government continued a program to improve judicial performance and independence, which consisted of organizing all laws and statutes into a single reference text and training officials throughout the justice system. Separate tribunals established in 1999 for specific types of disputes held court sessions more frequently, and as a result of dropping the requirement in 2000 to have three judicial personnel present for each trial, pretrial detention periods generally were shorter. The Government continued to hold security officials accountable and prosecuted officials for abuses, which has improved the public perception of the judicial system.

Unlike in previous years, there were no significant training activities under the government education program conducted to upgrade the qualifications of judicial personnel.

The Constitution provides for due process and the presumption of innocence until proven guilty by an established tribunal. All defendants, regardless of the court or their ability to pay, have the legal right to representation by counsel during the proceedings, which are open to the public. If defendants lack the ability to pay for counsel, the court appoints an attorney from a list prepared by the National Order of Lawyers, which provides defense free of charge. The law provides that defendants may confront witnesses, present evidence, and appeal their sentences, and these rights generally were observed in practice.

Shari'a (Islamic law) provides the legal principles upon which the law and legal procedure are based, and because of the manner in which Shari'a is implemented in the country, courts do not treat women as the equals of men in all cases. For example, the testimony of two women is necessary to equal that of one man. In addition in awarding an indemnity to the family of a woman who has been killed, the courts grant only half the amount that they would award for a man's death. For commercial and other modern issues not addressed specifically by Shari'a, the law and courts treat women and men equally. The approval and publication in June of the new Personal Status code created a written framework to regularize the prevailing Shari'a-based family law, which without defining legislation had been applied unfairly. For example, formulas applied to property distribution varied widely from case to case. In addition the validity of and right to establish prenuptial agreements was not respected always.

In 2001, prison conditions remained harsh; however, conditions in Nouakchott's prison continued to improve following the 2000 opening of a newly constructed section of the men's prison, which ended serious overcrowding. The former men's prison is used to provide space for educational and sports programs for children. In other prisons, serious overcrowding persisted and sanitation facilities remained inadequate and reportedly have contributed to diseases such as tuberculosis, diarrhea, and dermatological ailments. Medical supplies, mainly provided by an international NGO, remained insufficient in all prisons. Some prisoners received special treatment based on family and position. Prisoners with high-level government connections and families to bring them food, medicines, and reading material fared better than the less privileged or citizens from other countries. The prison administration instituted in 1997 has improved markedly the conditions of prison food, health, hygiene, and family contacts; however, in the last 2 years, budgeted levels for improved food and nutrition, medical services and supplies, and new bedding and cleaning supplies were not met. New guard force management continued to enforce instructions against beatings and torture; however, there were reports of beatings of detainees at the Commissariat outside of the Nouakchott prison. The overall prison capacity is 700 and the prison population was 1,413 in October. The prison population in Nouakchott was 598 persons. There were 549 men, 25 women, and 24 minors; minors were held in separate facilities.

Female prisoners have separate facilities with a communal garden. Children of female prisoners remained with their mothers or the Ministry of Justice gave temporary custody of the children to another family member. The Noura Foundation, an NGO working in the prison, continued to provide a program of education and microenterprise projects to the female prisoners. UNICEF, in collaboration with the French organization CARITAS, has been providing increased services, including training and sports in the juvenile detention centers. The Government cooperated with an NGO to provide training for female guards who work at the women's prison; 15 women have served as prison guards in the women's prison since March 2000. A doctor and nurse assigned to the men's prison also provided medical care for the women's and children's prison, but the infirmary remained understaffed.

As a general procedure, pretrial detainees are held separately from convicted prisoners; however, this procedure was applied inconsistently.

The Government permits prison visits by domestic and international diplomats and human rights monitors. Foreign diplomats visited some prisons during the year 2001. The International Committee of the Red Cross (ICRC) has access to prisons, but did not conduct prison visits during the year 2001.

Abuse and domestic violence is illegal; however, human rights monitors and female lawyers report that domestic violence is rare, particularly among the Moor population. The police and judiciary occasionally intervened in domestic abuse cases, but women in traditional society rarely seek legal redress, relying instead upon family and ethnic group members to resolve domestic disputes. Rape, including spousal rape, is illegal; however, there were no known arrests or convictions under this law. The incidence of reported rape is low; it occurs, but newspaper accounts of attacks are rare.

Traditional forms of mistreatment of women continued, mostly in isolated rural communities, but these practices appeared to be on the decline. One form of such mistreatment is the forced feeding of adolescent girls (gavage), which is practiced only among the Moors. Experts previously estimated that between 60 and 70 percent of women experienced gavage but now conclude that very few Moor women continue to experience gavage. The change in figures appears to reflect both prior overestimation and a significant decline in the practice in recent years. While there is no law prohibiting gavage, the Government has made it a policy to end the practice. The Government continued intensive media and educational campaigns against gavage during the year 2001 in the Government print and broadcast media and through public seminars.

Female genital mutilation (FGM), which is condemned widely by international health experts as damaging to both physical and psychological health, is practiced among all ethnic groups except the Wolof. It is performed most often on young girls, often on the 7th day after birth and almost always before the age of 6 months. A 1996 report by the U.N. Population Fund and a study published in 1997 by Jeune Afrique Economie cited the country as one in which 25 percent of women undergo FGM. Among Halpulaar women, more than 95 percent undergo FGM. Preliminary results of a foreign-funded study indicate that 66 percent of those who perform FGM recognize that the practice is detrimental to women's health, and 54 percent of imams agree that the practice is dangerous. Local experts agree that the least severe form of excision is practiced, and not infibulation, the most severe form of FGM. The practice of FGM has decreased in the modern urban sector.

The Government continued intensive media and educational campaigns against FGM during the year 2001. It is a clear public policy of the Government, through the Secretariat of Women's Affairs, that FGM should be eliminated, and the Government bars hospitals from performing it. Public health workers and NGO's educate women on the dangers of FGM and on the fact that FGM is not a requirement of Islam. For example, a 1996 officially produced Guide to the Rights of Women in Mauritania (with religious endorsement) stressed that Islam does not require FGM and that, if medical experts warn against it for medical reasons, it should not be done. According to several women's rights expert, the campaign against FGM appeared to be changing attitudes towards the practice.

Women have legal rights to property and child custody, and, among the more modern and urbanized population, these rights are recognized. By local tradition, a woman's first marriage, but not subsequent marriages, requires parental consent. In accordance with Shari'a (Islamic law) as applied in the country, marriage and divorce do not require the woman's consent, polygyny is allowed, and a woman does not have the right to refuse her husband's wish to marry additional wives. In practice polygyny is very rare among Moors but is common among other ethnic groups. Arranged marriages also increasingly are rare, particularly among the Moor population. Women frequently initiate the termination of a marriage, which most often is done by repudiation of husband or wife rather than divorce. It also is common in Moor society for a woman to obtain, at the time of marriage, a contractual agreement that stipulates that her husband must agree to end their marriage if he chooses an additional wife. The rate of divorce among Moors is estimated to be 37 percent, and the remarriage rate after divorce is 72.5 percent.

Women still faced legal discrimination. For example, the testimony of two women is necessary to equal that of one man, and the value placed on women's lives in court-awarded indemnities only is half the amount awarded for a man's death. However, women did not face legal discrimination in areas not addressed specifically by Shari'a. The law provides that men and women receive equal pay for equal work. While not applied universally in practice, the two largest employers, the civil service and the state mining company, respected this law. In the modern wage sector, women also received family benefits, including 3 months of maternity leave.

The Government seeks to open new employment opportunities for women in areas that traditionally were filled by men, such as health care, communications, police, and customs services. Women became more involved in the fishing industry and established several women's fishing cooperatives. In 1999 for the first time, women were hired by the army to serve as police inspectors and customs officials. In 2000 the first female Acting Police Commissioner was appointed in the capital and also began serving as Chief Investigator in the same police station. In 2000 approximately 70 jurists and female lawyers established an association of female jurists and, under the auspices of the Ministry of Justice, organized their first national congress dedicated to the legal concerns of women.

The Secretariat for Women's Affairs works with many NGO's and cooperatives to improve the status of women. A booklet published late in 2000 advises women of their rights. The Government, women's groups, and national and international NGO's organized meetings, seminars, and workshops throughout the year to publicize women's rights.

The law makes special provision for the protection of children's welfare, and the Government has programs to care for abandoned children; however, these programs were hampered by inadequate funding. The Government relies on foreign donors in such areas as child immunization.

FGM is performed commonly on young girls.

Local NGO's estimate that there are more than 250 street children.

The Government does not enforce adequately existing child labor laws, and children perform a significant amount of labor in the informal sector in support of family activities.

The law prohibits trafficking in persons, and there were no reports that persons were trafficked to, from, or within the country.

Internet research assisted by Herman Guimzon