Legal Framework
In Mauritania, same-sex sexual acts are illegal. The country’s constitution designates Islam as the religion of the state and Sharia as the sole source of law, thus partially dictating the criminalising provision which specifically applies to Muslim men.
However, the constitution also recognizes core rights and principles including the right to equality; fundamental freedoms; property; political freedoms; economic and social rights; and rights attached to the family.
Under Penal Code 1983, same-sex sexual activity is both prohibited and criminalised. The provision carries a maximum penalty of death by stoning, although Mauritania has operated on a de facto moratorium on the use of the death penalty since 1987. Specifically, Article 308 criminalises Muslim men who have sex with another man, punishable with death by stoning: “Any adult Muslim man who commits an indecent act or an act against nature with an individual of his sex will face the penalty of death by public stoning. If it is a question of two women, they will be punished as prescribed in article 306, first paragraph [3 months to 2 years imprisonment and a fine of 5,000 to 60,000 UM].” As such, any adult same-sex conduct between women is punishable with up to two years imprisonment and a fine.
In January 2020, ten people were arrested and detained after video footage emerged on social media of what was alleged to be a same-sex wedding. According to police reports, eight men “confessed that they are homosexuals” during police interrogations, at which they had no legal representation; however, these confessions were refuted during the trial. Of those arrested in 2020, eight were convicted and sentenced to two years’ imprisonment for ‘indecency’ and ‘inciting debauchery’ under Articles 264 and 306 in the Penal Code.
In 2017, a report on the treatment of sexual minorities in Mauritania by the Immigration and Refugee Board of Canada stated that information on the application of the Criminal Code for non-Muslims could not be found, suggesting a possibility that it may not apply given the wording of Article 308. Also in 2017, a report by the LGBTQI+ Nouakchott group of Solidarity Association, stated that LGBTQI+ persons lived in perpetual fear of being driven out by families and society write large.
Case Law
We do not currently list any case law on LGBTQI+ issues in Mauritania, but we welcome suggestions.
Public Attitudes and/or State's Capacity to protect
As previously mentioned, in January 2020, law enforcement authorities arrested and detained ten men for attending and taking part in a same-sex wedding ceremony. So, due to the lack of formal protections against discrimination, members of the LGBTQI+ community have little to no protections against discrimination in the work place, housing, adoption, military, or other facets of life.
Mauritania’s former president (2009-2019), Mohamed Ould Abdel Aziz, was known for prosecuting and jailing human rights defenders, activists, journalists, and political opponents — all of which could impose the death penalty, though the de facto moratorium remains in effect.
The country’s attitude towards homosexuality is largely negative, as indicated by both public opinion and penal codes. For the most part, homosexuality is not acknowledged as existing and is not accepted by society, with a large number of LGBTQI+ people consistently facing discrimination and harassment due to their sexual orientation or gender identity.
A 2020 US State Department report noted that significant human rights issues included the criminalisation of same-sex sexual conduct, and that while the government does not actively enforce measures laid out in the Penal Code, the LGBTQI+ community was nonetheless rarely identified or discussed, thus attributing to the severity of public opinion stigma and legal penalties.
According to UNHCR, Mauritania welcomed almost 100,000 refugees from Mali in 2022. However, Mauritania does not grant refugee status as envisioned under refugee law, so refugees are often provided social and legal support by grassroots organisations and the UNHCR. As such, refugee protection and protection for particularly vulnerable migrant groups (such as LGBTQI+ individuals) is limited to non-existent.
Non-Governmental Organizations (NGOs)
Website
Address: Columbia Law School
435 West 116th Street
Mail Code E-9
New York, NY 10027-7237
Tel: +1 (212) 854-0167
Email: gender_sexuality_law@law.columbia.edu
In 2011, Columbia University’s Sexuality and Gender Law Clinic successfully helped a refugee from Mauritania gain asylum in the US after proving that his sexual orientation prevented him from returning to Mauritania due to fear of persecution or death. The clinic performs all forms of advocacy including litigation, public policy development, legislative drafting, training, organising, public education and media outreach.
Country of Origin Specialists
We do not currently list a specialist on LGBTQI+ issues in Mauritania, but we welcome suggestions.
Mauritania Legal Assistance
Find organisations providing legal assistance to refugees in Mauritania.
Mauritania COI
Find Mauritania Country of Origin information (COI) experts, reports, commentaries, and relevant documents.
We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and/or individuals to include in our directories, please get in touch.
Last updated June 2023
