Mauritania is a country located in Northwest Africa and is bordered with Algeria, Mali, Senegal, and the disputed Western Sahara. It also has a coast along the Atlantic Ocean where Cabo Verde lies not far from. Its capital city Nouakchott is located on this coast.
Ancient tribes in the area that is today Mauritania were the Berber, Niger-Congo, and Bafour. The Bafour were one of the first to put aside their nomadic lifestyle for agricultural lifestyles. The Berbers would become one of the more dominant peoples in the area for a time. The Berbers had migrated into what is modern-day Mauritania during the 3rd and 4th Centuries and then again in the 7th and 8th Centuries. The Berbers made vassals of local peoples they came across or forced them out further South.
During the 9th Century the three Berber groups of Lemtuna, Messufa and Djodala formed a loose confederation called the Sanhadja Confederation to obtain better control over the easternmost trans-Saharan trade route. This confederation, after bringing some prosperity, broke up during the 11th Century among unrest and warfare within the Sanhadja Berbers, some zealots broke off from these peoples and preached for Islamic reform and holy war.
By 1090 the Almoravid Dynasty extended from Spain to Senegal, including parts of modern-day Mauritania. The dynasty begun to wane in power after four decades as their enemies in the north and south grew in power. The Sudanic Kingdoms of Ghana, Mali, and the Songhai expanded over the following six centuries and pushed into Berber strongholds and brought a second wave of immigration.
From the late 17th Century, the Bani Hassan conquered all of what is today modern-day Mauritania, leading to many Berber’s moving South and forcing other local populations with them in the direction of the Senegal River Basin. A Berber force did attempt to stop the Bani Hassan during the Char Bouba war but were defeated, allowing the Bani Hassan to consolidate control, bringing in a new social structure, Islamization, and Arabization. This social structure has the Bani Hassan at the top, followed by the Berbers of which many became clerics serving the Arabs, and then at the bottom were enslaved blacks. Hassaniya Arabic became the dominant language.
The Europeans had become interested in Mauritania during the second half of the 16th Century with French traders in what is today modern-day Senegal purchasing gum arabic from Southern Mauritania. French forces occupied parts of Southern Mauritania for a short time during the mid-nineteenth century, the Arabs and Berbers paid them little attention. The French would eventually use brute force and co-optation to pacify refractory Arab chiefs at the beginning of the 20th Century, bringing Mauritania under the French colonial Empire. Unlike most of French West Africa, Mauritania was only administered by colonial authorities indirectly, with existing Arab-dominated institutions allowed to continue.
Following World War II many French colonies had begun hungering for independence or major reforms, but such calls in Mauritania were only minimal, but despite this the French colonial authorities still implemented reforms on to them that had been demanded elsewhere in French West Africa. With the prospect of independence looming the peoples of Mauritania had sharp divisions on what they wanted to happen, Arabs and Berbers who had strong family ties in Morrocco advocated a union with them, while many black Africans in the south wanted to join the Mali Federation which included Mali and Senegal.
Neither would happen though. A popular French-installed political figure called Moktar Ould Daddah co-opted Mauritania’s traditional leaders with vague promises to obtain a pretense of unity as Mauritania was given its independence in November 1960. Daddah became the first President, he transformed the country into a one-party authoritarian state, claiming the country was not yet ready for Western-style multi-party democracy.
Despite the pretense of unity, the country actually remained deeply divided. Southern blacks resented the Maure dominated system. In 1976 Mauritania and Morrocco annexed the Western Sahara, with Mauritania taking the lower one-third at the request of Spain, a former imperial power of the area. This conflict would turn out disastrous for Mauritania, with them suffering several military losses to the Polisario Front, an armed group wishing to have the Western Sahara be an independent self-governing state and who was armed and backed by Algeria. Mauritania withdrew from the conflict in 1979 and its claims were taken over by Morrocco.
The Maure had supported the conflict in a hopes for a Greater Mauritania while the Southern Blacks had mostly been opposed to it, especially having been enlisted as the bulk of the force and thus suffering the most, the conflict also led to scarce resources being diverted away from the South. The conflict led to the removal of Daddah from power during a bloodless coup, but Colonel Mustafa Ould Salek’s ruling junta failed to extract from the war, leading to a different military junta taking power, The Military Committee for National Salvation under Colonel Mohamed Khouna Ould Haidallah.
He ended Mauritania’s involvement and claims in the conflict and made peace with the Polisario Front, and also improved political relations with Algeria. But political relations with Morrocco and France would deteriorate. Mass instability also continued, further reforms failed, and there were many attempted coups. Harsh measures against opponents, such as jailing and execution of dissidents made it more unpopular. During this time Mauritania became the last country in the world to formerly abolish slavery in 1981, although it was not properly criminalized until 2007 and even then, it remains poorly enforced.
Haidallah was eventually deposed in a coup in December 1984 by Colonel Maaouya Ould Sid’Ahmed Taya who maintained tight military control, but did introduce a more relaxed political climate. Political ties with Morrocco were reestablished and pursued further support from Western states and Western-aligned Arab states. Mauritania has maintained strict neutrality over the continued war in the Western Sahara.
A border war begun between Mauritania and Senegal from 1989 between Moorish Mauritanian herders and Senegalese farmers over grazing land rights, the conflict was made worse when Mauritanian guards killed two Senegalese in April of that year, leading to riots erupting in Senegal against mostly Arabized Mauritanian retail business. As a result, a campaign of terror against black Mauritanians begun in return, many of which are wrongly viewed as Senegalese due to existing tensions. It is believed the Mauritanian government may have encouraged or even been involved in acts of violence and seizure of properties against such peoples.
Compounded by international pressure wanting an end to the violence, Mauritania and Senegal eventually agreed to an international airlift. Thousands of black Mauritanians were expelled by the government despite having few or no ties to Senegal, many were also repatriated to Mali, again despite having little or no ties. The border war ended in 1991. Also, that same year the country transitioned into a multi-party state and adopted a new constitution, although the opposition accused Ould Taya of holding fraudulent elections.
Mauritania had during the late 1980s established close ties with Iraq as part of its pursuit of Arab nationalism which led to Mauritania becoming increasingly isolated by the international community after it supported Iraq during the Gulf War. Mauritania later shifted its foreign policy to increase cooperation with the US and Europe, of which it gained diplomatic normalization and foreign aid projects. Mauritania’s economy improved during this time; oil was also discovered in 2001.
In August 2005 a bloodless military coup was launched while Taya was out of the country bringing an end to his 21-years of rule. The Military Council for Justice and Democracy installed Colonel Mohamed Vall as President. The coup came to be generally accepted by the international community with the military junta organizing elections which would take place after a two-year period. A referendum was also held in 2006 where an overwhelming majority approved a new constitution that put a term limit on the presidency. Vall peacefully relinquished power following the 2007 elections and the country came under civilian rule, Sidi Ould Cheikh Abdallahi was elected President.
In August 2008 there would be another military coup, this one ousting Abdallahi from power. The coup followed the dismissal of senior officers by the President and had been coordinated by General Mohamed Ould Abdel Aziz, the former Chief of Staff of the army and head of the presidential guard who had recently been fired by the President. Some in Parliament also expressed support, saying the majority had been marginalized by the President, the coup was also backed by Abdallahi’s 2007 opponent. Aziz was installed as President, his regime became isolated by the international community, with aid projects cancelled and sanctions put in place.
The junta found support from places such as Morrocco, Libya, and Iran, it also banned demonstrations and cracked down on dissent. But the increasing pressure forced the junta to release Abdallahi into house arrest. Aziz promised elections to replace Abdallahi which were pushed back due to increasing pressure internally and internationally. In 2009 the junta finally gained the upper hand after negotiating with some opposition and international parties and Abdallahi was officially forced to resign. An election was held that same year and elected Aziz as President who had resigned from the military to lead in a civilian role. His election was criticized by those who continued to support Abdallahi. Aziz ruled the country for 10-years and founded the now dominant Union for the Republic party, he did not seek re-election in the 2019 election.
A close ally of Aziz, Mohamed Ould Ghazouani, a former army general, was elected as the next President. So as can be seen the military continue to have indirect sway within the country’s politics, which is not really healthy for a properly functioning democracy. Nonetheless the 2019 election was celebrated as one of the first proper peaceful transfers of power.
The country’s official language is Arabic, other recognised national languages are Pular, Soninke, and Wolof. French is also recognized. The largest ethnic group are the Haratin, followed by the Arab-Berbers, Halpulaar, Fulani, Mande, and Wolof. Islam is the largest religion with the country being an Islamic Republic, there is little freedom of religion and atheism is not tolerated. The country’s currency is the Ouguiya. The country’s population is over 4,828,530.
Government Type
Mauritania is a semi-presidential representative parliamentary democratic Islamic republic where the President is Head of State and the Prime Minister is Head of Government. A unicameral chamber called the 157-seat National Assembly makes up the legislative government. There did used to be an upper house as well but it was abolished following a 2017 referendum. Multiple parties are allowed but the Union for the Republic party has dominated since the 2008 coup (as of 2018 they hold 89 seats), many other parties exist but only hold small numbers of seats, as of the 2018 elections the single largest opposition party is the National Rally for Reform, holding just 14 seats.
Regional Councils were established following the abolishment of the Senate, these councils promote regional development.
Also, something under Article 2 of the constitution I found a bit humorous – coups and other forms of unconstitutional changes of power are considered as imprescriptible crimes whose authors or accomplices, physical or judicial persons, are punished by the law – BUT – nevertheless, these acts, when they were committed before the date of entry into force of this constitutional law will not give rise to prosecution. Well, how convenient.
Anyway, the article also says the people are the source of all power, who national sovereignty belongs to and who exercise their power through elected representatives and by way of referendum. Political power is meant to be acquired, exercised, and transmitted, in a peaceful framework. Partial or total abandonment of sovereignty cannot be decided without consent of the people.
Political parties that are formed must respect democratic principles and must not infringe upon national sovereignty, territorial integrity, and unity of the Nation/Republic.
The right to strike is recognised but that it may be forbidden by law for all public services or activities of vital interest to the Nation and is always forbidden in the domains of Defense and National Security.
Article 17 makes sure to let us know that no one is supposed to ignore the law, just in case anyone forgot or did not realize that laws are meant to be abided by and not broken.
The Executive Government
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So, as we already know there is a President who is Head of State. You may not have known though that under article 23 the President must be of a Muslim religion, I guess that makes sense within what is an Islamic Republic. It is the duty of the President to be the guardian the Constitution and ensure the continuous and regular functioning of the public powers. The President guarantees national sovereignty and the integrity of the territory. The President exercises the executive power and presides over the Council of Ministers – the highest executive decision-making body of Government.
The President must also guarantee judicial independence. On these matters the President is assisted by the Superior Council of the Magistrature, over which the President presides.
Duties and Powers of the President
- The President determines and conducts the foreign policy as well as the policy of defense and of security. The President accredits ambassadors and envoys to foreign powers and those from foreign powers are accredited to the President. The President signs and ratifies treaties within framework of the Constitution and laws.
On the subject of treaties: treaties of peace, union, commerce, or treaties and agreements pertaining to international organisations, those engaging with finances of the State, those that modify provisions of a legislative nature, those that concern the status of persons, and those concerning the frontiers of the State, can only be ratified via virtue of the law (approval of the National Assembly via legislation).
Further any treaties that include cession, exchange, or addition of territory is not valid without being confirmed in a public referendum via a four-fifths majority of the total suffrage expressed.
Revision of the Constitution may also be required in cases where the Constitution would be contravened by a treaty, this is decided by the Constitutional Council after being referred to the matter by either the President of the Republic, President of the National Assembly, or by at least one-third of the members of the National Assembly.
- The President appoints the Prime Minister following parliamentary elections, by convention the leader of the largest party (which has so far always been Union for the Republic). They also can terminate the Prime Minister in areas where guided to do so by the Constitution. The President also appoints the ministers on proposal of the Prime Minister, and also terminate them following consultation with the Prime Minister.
- Following consultation with the Prime Minister and President of the National Assembly, the President of the Republic can dissolve the National Assembly, elections must take place within 30-60 days. After such elections the National Assembly cannot be dissolved again until the passing of 12-months.
- The President promulgates laws passed by the National Assembly within the framework given by the Constitution.
- The President exercises regulatory power of which they can delegate all or part of to the Prime Minister. Decrees with regulatory power must either way be countersigned by the Prime Minister or relevant Minister to have effect.
- The President is the Supreme Head of the Armed Forces and as such he/she presides over the Superior Councils and Committees of the National Defense. The President appoints civil and military officers.
- The President has the right of pardon including the right to remit and commute sentences.
- The President can put forth a national referendum on any question of national importance.
Presidential Vacancy
If the presidency becomes vacant for any reason or if the President has been declared to have an impediment by the Constitutional Council, then originally the President of the Senate would have taken up the interim presidency before fresh elections, but since the Senate has now been abolished it is not clear entirely who would now do this, it could either be the President of the National Assembly or perhaps the Prime Minister. When there is a vacancy or impediment declared then the Prime Minister and members of Government are considered to have resigned but will continue to handle functions as caretakers.
The next presidential election will take place within three months following this unless declared otherwise by the Constitutional Council. The Interim President has limited powers, such as being unable to hold referendums, terminate functions/members of the caretaker Government, cannot dissolve the National Assembly, and no constitutional modifications can take place during this time either via referendum or through the National Assembly.
Emergency Provisions
For reasons of imminent peril that menaces the institutions of the Republic, or that security, independence, or integrity is threatened, and when regular functional of constitutional powers are impeded, the President of the Republic, after consultation with the Prime Minister, President of the National Assembly, and with the Constitutional Council, may take extraordinary measures, which can include temporary empowerment of authorities and temporary suspension or reduction of certain guaranteed rights.
The extraordinary powers are defined by either a State of Siege or State of Urgency, depending on what one is decreed by the President. Both of these last for a maximum of 30-days by default, which can be extended by the National Assembly.
The measures must aim to assure a return to normalcy in the shortest possible time and that when this happens the extraordinary powers cease to have effect.
When extraordinary powers are being exercised the National Assembly continues to have the absolute right to meet and cannot be dissolved, allowing them to monitor and check the implementation and usage of such powers and decide on when they should end.
Presidential Removal
The President can be removed from office due to a definitive impediment as declared by the Constitutional Council, which can be pursued by either the President of the Republic themselves, the President of the National Assembly, or the Prime Minister.
The President can also be removed from office if the High Court of Justice convicts him/her of High Treason. Such a trial begins if the President has been impeached by the National Assembly via an absolute majority of all members (not the Senate when it existed would also have had to vote an absolute majority in favour for impeachment for the President of the Republic to be impeached) so it is now assumed this is entirely in the hands of the National Assembly, but this could be incorrect.
Prime Minister and Government
The Prime Minister is the Head of Government. They are appointed by the President of the Republic following parliamentary elections, by convention the leader from the largest political party. The Prime Minister directs and coordinates the Government.
The Council of Ministers, presided over by the President of the Republic, is the highest executive decisions-making body of Government. Ministers are appointed/removed by the President after consultation with the Prime Minister. The Prime Minister allocates tasks amongst the Ministers.
Members of Government cannot also be members of the National Assembly, or any other function of professional representation of a national character, they also cannot take part in any professional activity, or in a general manner with any public or private employment.
Members of Government have access to the National Assembly and are heard when they demand it. They may also be assisted by commissioners of the Government.
The Prime Minister, under authority of the President of the Republic, defines the policy of Government. Within one month of the appointment of the Government, the Prime Minister presents their program before the National Assembly and engages the responsibility of the Government. The Government and Prime Minister must maintain the confidence of the National Assembly to remain in power.
The Prime Minister, after consulting with the Council of Ministers, puts forth the question of confidence in the Government on the program and also eventually on general policy. The National Assembly itself can also introduce a Motion of Censure against the Prime Minister and Government (requires one-third of the members of the National Assembly to sign it for its introduction), it can only be adopted by an absolute majority. If confidence is lost or a motion of censure is adopted, it results in the immediate resignation of the Government, they will continue as caretaker Government until the President of the Republic appoints a new Prime Minister and forms a new Government.
If, in an interval of less than 36-months, two changes of Government have taken place following a vote of confidence or motion of censure, the President of the Republic can, after consulting with the President of the National Assembly, dissolve the National Assembly for fresh elections, which will take place within 40-days.
The Government implements the general policy of the State in accordance with the orientations and with the options established by the President of the Republic. The Cabinet provides for the administration and of the Armed Forces, and it also publishes and executes the laws and regulations.
Other Bodies and Offices
There is a Court of Accounts which is the superior institution that is independent and responsible for the control of public finances. Its organisation, functioning, and the status of its members are all determined via an organic law and are not constitutionally-fixed.
There is a Constitutional Council. It is made up of 9-members who are limited to a single 9-year term. Members are renewed in thirds every 3-years. 4-members are appointed by the President of the Republic, and 3 by the President of the National Assembly. The final 2 were originally appointed by the President of the Senate but since that is now abolished it is unclear who appoints these members. Appointed members must be at least 35-years-old and cannot belong to directive instances of political parties or be a member of Government or the National Assembly, with other restrictions decided by an organic law. The President of the Constitutional Council is appointed by the President of the Republic from among one of the members he/she appointed, this member has a casting vote in cases of a tie.
This council…
- Sees to regular elections of the President of the Republic, examines any complaints, and officially proclaims the results.
- Sees to the regular elections of the National Assembly, examines any complaints, and officially proclaims the results.
- Sees to the regularity of the operations of Referendum and officially proclaims the results of referendums.
- Decides on the conformity of all organic laws with the Constitution.
- Also decides on conformity of other laws with the Constitution, referred to it.
There is a High Court of Justice that is composed of members elected by the National Assembly (originally also by the Senate so I am assuming they are all now elected simply by the National Assembly, but this may be incorrect), assumed now every 5-years as it said after each renewal of the National Assembly. This court tries the President of the Republic (in cases of alleged High Treason), and the Prime Minister, and members of Government for crimes committed in office related to the exercise of their functions.
There was an Islamic High Council and an Ombudsman but the latest 2017 constitutional amendment merged these two institutions/bodies together into the Supreme Council of the Fatwa. So, I am unfortunately not entirely sure of the structure of this new body. This Islamic High Council had five members appointed by the President and it met at demand of the President of the Republic and questions were put before it by the President.
There is an Economic and Social Council, its composition, rules and functioning are determined by an organic law.
This council…
- Gives its opinion concerning Bills of law, of ordinances, and of decrees of an economic or social character as well as concerning the proposals of law of the same nature that are submitted to it. These things are referred to the council by the President of the Republic.
- The President of the Republic can also consult with the council concerning any economic or social question of interest to the State.
There is a National Commission of the Rights of Man. It is an independent consultative Institution that promotes and protects the rights of man. Its composition, organisation, and functioning is decided by an organic law.
The Legislative Government
The National Assembly makes up the legislative government as a unicameral body that currently consists of 157-members that is not fixed by the constitutional and so can be changed or modified via organic legislation (remember that organic law is meant to be harder to change or modify as it often requires special majorities and sometimes other requirements, such as review by the Constitutional Council and declaration that it conforms with the Constitution), an organic law also determines how elections are conducted and what system is used, but suffrage must remain direct.
Its main job is to legislate, which includes considering introduced bills and other motions, possibly amending them, and either passing or rejecting them. Legislation is introduced by either the Government or members of the National Assembly. On amendments, any deposited by members of Parliament are not receivable if they effect a reduction of public revenues or if they create or aggravate a public charge, unless they also come with a proposal of augmentation of revenues or of equivalent economies. They can also be declared not receivable if they go against granted regulatory powers or are contrary to a granted delegation.
If such legislation is declared not receivable but the Parliament refuses to acknowledge this, then the President of the Republic can refer the matter to the decision of the Constitutional Council, who will come to a decision within 8-days.
Bills and legislation introduced are examined first by permanent commissions of the National Assembly, there can only be a maximum of five permanent commissions in operation. At the demand of the Government or of the National Assembly, bills and legislation may instead be sent to commissions especially established for that reason. The Government, after opening of debate, can oppose the examination of any amendment that has not previously been submitted to a commission.
The National Assembly also votes on the annual budget introduced by the Government, known as the Bill of the Law of Finance. If there is not an agreement on its passing within a specified amount of time then the President of the Republic establishes it by ordinance, based on revenues from the preceding year. The National Assembly controls the execution of the budget and is provided with a statement of expenses every six months.
Bills and laws passed by the National Assembly go to the President of the Republic for promulgation, the President must act on this by 8-days at the earliest and 30-days at the latest. During this time period, the President can send bills or laws back for a second reading, if a majority of the National Assembly’s members adopt them again then the President must promulgate them.
Another major job of the National Assembly is to provide oversight for actions and responsibilities of the Government, with the Government held to furnish the National Assembly, in forms specified by law, all explanations demanded of it, of its managements and of its acts.
The National Assembly sits in open session by default but may operate in close session if demanded by the Government or at least one-fourth of the members present. An extraordinary session may be held, opened by the President of the Republic, either at his/her own demand or the demand of a majority of the members, to focus on a determined agenda. The length of an extraordinary session cannot exceed 1-month. One sitting per week is reserved for questions of the members of the National Assembly for responses of the Government. The Prime Minister also makes a report to the National Assembly annually concerning activity of the Government on the past year and presents general outlines of the Government program for the coming year.
Declarations of war must have authorization from the National Assembly.
The Government, after getting the agreement of the President of the Republic, can, in order to execute its program, demand from the National Assembly the authorization to take by ordinance, for a limited time, the measures which are usually the domain of the law (and so usually handled by the National Assembly instead of the Government). Such ordinances are taken in the Council of Ministers and must be approved by the President of the Republic. They become law as soon as published but will lapse if not deposited to the National Assembly by an agreed upon date for its consideration. The law enabling this ability will also automatically lapse if the National Assembly is dissolved.
The National Assembly is presided over by the President of the National Assembly who is elected for the duration of its term by the members from among themselves. The President of the National Assembly is meant to represent the National Assembly in an impartial manner and also enforces procedure and rules.
The Electoral System
Presidential elections happen every 5-years and uses a two-round absolute majority system where a candidate must get an absolute majority of the vote to win in the first round, otherwise a second round is held between the top two candidates and is won by simple majority. One person is limited to two terms in office – there was a proposal to extend this to three terms so the former President Aziz could run again, but it was dropped from the 2017 referendum following protests, which is a good sign of democracy, the people able to hold those in power to account.
Candidates must be a citizen born in Mauritania who enjoy their civil and political rights and who are at least 40-years-old but not older than 75-years-old. While holding the presidency the person may not exercise any other public or private function and cannot belong to the directive instances of a political party.
Parliamentary elections for the National Assembly take place every 5-years to elect its current 157-members. 117 (including 4 reserved for Mauritanian’s living abroad) members are elected from multi and single-seat constituencies using a plurality system (I imagine for smaller constituencies with the least seats) and proportional representation (I imagine in larger constituencies with more seats), another 40 members are elected via a nationwide constituency also using proportional representation.
Candidates for the National Assembly must be Mauritanian citizens enjoying their civil and political rights and who are at least 25-years-old.
To vote in elections one must be a Mauritanian citizen who is at least 18-years-old. Voting is not mandatory.
Sources
The source for this comes from Mauritania’s 1991 constitution with amendments through to 2012 (constituteproject.org) – I have included changes made in the 2017 amendment as best I can but with a full version of the Constitution not being available with those changes, means I may have missed some things and would have had to assume in some places (clearly marked by me saying that I have assumed at such points). Cross-research as always is recommended for anyone using this seriously. The Constitution may also be amended again at some point in the future and so this may become outdated.
Amendments are proposed by the President of the Republic or by the National Assembly, those introduced by the National Assembly require at least one-third of the membership to back it for consideration. Adoption by the National Assembly requires a two-thirds majority, and then approval in a public referendum.
It is possible to bypass a referendum when it comes to amendments introduced by the President that have been adopted by the National Assembly via at least a three-fifths majority.
It should be noted that the above may have since possibly changed somewhat following the abolishment of the Senate.
Next up will be the government system of Mauritious.
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