Mauritania Falls Short on Whistleblower Protection Laws
=====================================================
A Lack of Specific Laws Leaves Individuals Vulnerable
Nouakchott, Mauritania - A recent investigation by our team has revealed that Mauritania lacks specific laws to protect whistleblowers, leaving individuals who disclose sensitive information vulnerable to retaliation. This lack of protection is a significant concern for human rights advocates and experts alike.
The Current Legal Environment
According to legal sources, including the Constitution of Mauritania, Penal Code, Labor Code, Law on the Fight against Corruption, and Cybercrime Law, there are no provisions that specifically protect whistleblowers from persecution or reprisal. The media operates in an ambiguous legal environment, where freedoms are constrained by the law, and law enforcement may appear arbitrary.
Labor Code Falls Short
The Labor Code does not mention the protection of whistleblowers, and dismissal for whistleblowing is not explicitly prohibited. While the code limits legitimate grounds for dismissal to force majeure, serious misconduct, or death, it does not provide a penalty for wrongful dismissal.
Anti-Corruption Law Offers Some Protection
However, Mauritania’s Anti-Corruption Law (Law No. 2016-014) does establish protection for witnesses, experts, whistleblowers, and victims in Article 19. The law stipulates that they shall be provided with special protection by the state and punishes those who resort to revenge or intimidation against them.
Implementation Remains Inadequate
Despite this commendable effort, the implementation of this protection remains inadequate due to undefined modalities and measures. Moreover, there is no evidence to indicate whether these provisions are effectively applied.
Human Rights Advocates Express Concern
Human rights advocates have expressed concern over the lack of whistleblower protection laws in Mauritania, citing the country’s severe penalties for offenses related to religion. The media operates under an ambiguous legal environment, where journalists practice self-censorship when addressing sensitive topics such as the military, corruption, Islam, and slavery.
A Disturbing Example
In a particularly disturbing case, a blogger was sentenced to death for critical statements about Islam, sparking outrage among human rights advocates.
Urgent Action Needed
The absence of whistleblower protection laws in Mauritania is a significant concern that needs to be addressed urgently. The government must take concrete steps to ensure the safety and security of individuals who disclose sensitive information and work towards creating a culture of transparency and accountability.
Recommendations
- Establish specific laws to protect whistleblowers from persecution or reprisal.
- Implement clear modalities and measures for protecting witnesses, experts, whistleblowers, and victims.
- Ensure that these provisions are effectively applied and monitored.
- Foster a culture of transparency and accountability within the government and institutions.