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Protectors or Pretenders? - Government Human Rights Commissions in Africa, HRW Report 2001

Mauritania








Overview

Summary

International Standards: The Paris Principles

Important Factors

Examining the Record in Africa

Innovative and Positive Contributions by Commissions

Regional Iniatives

The Role Of The International Community

Conclusion

Recommendations

Abbreviations

Acknowledgements




Staffing and Appointment Procedures

    The Commission on Human Rights, the Fight Against Poverty and Social Inclusion's status as a government department is reinforced by its operational structures. The commission is treated as a government department charged with planning. It is directed by a commissioner, and assisted by an adjunct commissioner. The commissioner holds the rank and prerogatives of a minister, and the adjunct commissioner has the same status of the chief of mission under the president of the country.153 The commissioner and his adjunct are appointed by a decree of the prime minister.154 The prime minister also appoints, after deliberation with the council of ministers, the remaining staff to the commission: the seventeen department heads, the seven directors, and the advisors.155 Article 6 specifies that the commission staff are civil servants appointed "under the conditions provided by the statue of personnel (in public administration)."

    The autonomy of the commission, already seriously limited by the appointment and employment terms, is further compromised by the supervision imposed on it by a "supervisory council" ["conseil de surveillance"]. This supervisory council, headed by the commissioner, is composed of representatives from the offices of the president and prime minister as well as representatives from the ministries of the interior, finance, economic affairs, health, national education, rural development, literacy, and women's issues.156 The supervisory council approves the commission's program of action, its budget, and its annual report. Giving the executive branch even greater control, the supervisory council's decisions must, in turn, be given final approval by the prime minister.157

    The remaining provisions of the decree (Articles 16 to 24) detail the commission's internal structure. The commission is divided into seven divisions:

123. The cabinet: composed of advisors, a research unit, and the secretariat;

124. The General Office of Human Rights, including the offices for the promotion of human rights and of judicial instruments;

125. External relations;

126. Fight against poverty;

127. Social inclusion;

128. Administration; and

129. Finance.158

    The decree further mandates the creation of seventeen departments among these seven divisions. The advisors, directors, and department heads are appointed by decree of the prime minister.

    The commission is wholly dependent on the executive for approval of its appointments, structure, and activities. All its higher staff are appointed directly by the prime minister. Its functions are scrutinized and activities approved beforehand by a "supervisory council" on which only high ranking government officials sit. The supervisory council itself is under the control of the prime minister.

Human Rights Watch World Report 2001

Africa: Current Events Focus Pages

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