STANDING COMMITTEE 206 SC 05 E   Original: English NAT O   Pa rl ia me n ta ry  As s e mb l y MAURITANIA International Secretariat     October 2005

206 SC 05 E 1 1. Following  a  military  coup  in  Mauritania  on  3  August  2005  and  the  dissolution  of  the Mauritanian parliament, the Standing Committee should decide how to proceed with contacts with Mauritania. 2. This document provides the background to the Assembly’s relationship with the parliament of Mauritania, and on contacts with Mauritania since the August coup.  Appendix 3 provides a short summary of the situation in Mauritania and international reactions to events there. +++ 3. Mauritania's  National  Assembly  has  participated  in  the  activities  of  the  Mediterranean Special  Group  of  the  NATO  Parliamentary  Assembly  since  December  2001,  when  Mr.  Cherif Ahmed  Ould  Mohamed  Moussa,  attended  the  7^th  Mediterranean  Dialogue  Seminar  in  Malta. Following  that  meeting,  Mr. Moussa  participated  and  actively  contributed  to  all  the  Assembly’s Mediterranean  seminars.    In  October  2004,  the  National  Assembly  of  Mauritania  successfully hosted the 10^th Mediterranean Dialogue Seminar in Nouakchott. 4. In  November  2004,  during  the  Annual  Session  in  Venice, the  NATO  PA  created the  new status of Mediterranean Associate Member in order to deepen relations with partners around the Mediterranean   and   increase   the   opportunities   for   dialogue   with   parliamentarians   from   this strategically  important  region.    Mauritania  applied  for  the  new  status,  which  was  granted  by  the Assembly during its plenary meeting in Ljubljana in May 2005. 5. Following  a  military  coup  in  Mauritania  on  3  August  2005,  the  former  head  of  the Mauritanian  delegation  to  the  NATO  PA,  Mr.  Moussa,  accompanied  by  three  of  its  former colleague parliamentarians, met with Assembly President Pierre Lellouche in Paris - subsequent to a meeting with the Secretary General at the International Secretariat in Brussels.  These meetings took place in late September 2005. 6. The delegates stressed that many Mauritanians had supported the coup, which had been bloodless and involved no infringements of human rights and civil liberties, including freedom of the press.  One  of  the  former  legislators  said  that  the  coup  had  been  a  "necessary  evil"  (malheur nécessaire) to rid the country of an increasingly authoritarian leader. The former parliamentarians confirmed  reports  that  the  population  had  generally  welcomed  all  the  decisions  of  the  Military Council, which was composed of relatively young military officers, all "honourable and reasonable men".  They declared themselves absolutely convinced that the Military Council was serious in its determination to bring democracy to Mauritania and that the pledge of organising elections within a maximum  of  two  years  was  a  reasonable  one,  because  "there  was  much  to  do  in  terms  of constitutional  reforms".    In  this  sense,  they  stressed  the  importance  of  the  work  of  the  three interdepartmental committees created by the new government. 7. With regard to the parliament, the group declared in the meeting with the Secretary General in Brussels that it "had not been dissolved but was now deprived of all its powers". Subsequently, during the meeting in Paris with President Lellouche, they admitted that the parliament was indeed dissolved,  a  situation  which  seems  to  be  confirmed  by  the  text  of  the  ruling  (or  "constitutional charter") of 6 August. 8. Mr.  Moussa  and  his  former  colleagues  requested  that  their  friends  in  the  NATO  PA "accompany and help them in this transitional period" by maintaining some form of co-operation. In particular, they asked whether a delegation of former members of parliament could still be invited to participate in Assembly sessions and in Mediterranean seminars. Furthermore, they proposed to President Lellouche that the Assembly send a parliamentary delegation to visit  Mauritania in the following months.

204 SC 04 E 2 9. President Lellouche pointed out the difficulty of maintaining a relationship with  Mauritania without  the  existence  of  a  functioning  parliament.  He  also  indicated  that  his  colleagues  in  the NATO PA would probably be reluctant to maintain a proper delegation from Mauritania given the situation.  For the same reasons, he deemed it very difficult for him to agree to send a NATO PA delegation to Mauritania any time soon.  President Lellouche said, however, that with the Bureau’s agreement  and  provided  that  he received  a  clear  letter from  the  Mauritanian  government  clearly specifying  a  commitment  to  and  timetable  for  restoring  democratic  elections,  he  would  consider inviting  Mauritanian  representatives  to  the  Copenhagen  session  as  individual,  non-parliamentary observers. 10. On 10 October, Mr Ahmed Ould Sid'Ahmed, Minister of Foreign Affairs and Co-operation of Mauritania,  wrote  to  President  Lellouche  to  thank  him  for  his  approach  towards  the  recent "changes"  occurred  on  3  August.  He  also  indicated  that  at  the  end  of  the  work  of  the  three interdepartmental  committees  on  constitutional reform, "large consultations, foreseen  in  October, with political parties and civil society will allow to establish the practical modalities as well as the timetable   of   the   electoral   processes   (referendum,   municipal,   parliamentary   and   presidential [elections])".  The  letter  also  stated  that  the  “transition  period”  leading  to  the  re-establishment  of democratic institutions would not exceed two years.  In conclusion, Mr. Sid'Ahmed asked President Lellouche to allow the participation of Mauritania to the activities of  the Assembly. (The text of the letter from Mr. Sid'Ahmed appears in Appendix 1 of this document) 11. On  11  October,  President  Lellouche,  having  consulted  the  Bureau  on  the  question  of inviting  Mauritanian  non-parliamentary  observers  to  the  Copenhagen  Session,  replied  to  Mr. Sid'Ahmed.    His  reply  stated  that  the  dissolution  of  the  parliament  of  Mauritania,  established  by article 3 of the ruling of 6 August 2005 issued by the Chairman of the Military Council, had resulted in the suspension of the parliamentary representation of your country in our Assembly.  However, in consideration of the importance that our Assembly attached to the dialogue with Mediterranean countries  -  and  following  consultations  with  members  of  the  Assembly  Bureau   -  President Lellouche  invited  two  Mauritanian  delegates  to  attend  the  Annual  Session  in  Copenhagen  as individual,  non-parliamentary  observers.  He  also  indicated  that  the  status  of  Mauritania  in  the Assembly  would  be  on  the  agenda  of  the  Standing  Committee  in  Copenhagen.  (The  text  of  the letter from President Lellouche to Mr. Sid'Ahmed appears in Appendix 2 of this document) 12. The Standing Committee therefore should consider the following options: Invite former members of the dissolved National Assembly of Mauritania as individual, non- parliamentary observers to Sessions and Mediterranean Seminars until a new parliament is elected. Suspend  all  relations  with  Mauritania  until  there  is  a  specific  date  for  the  restoration  of electoral  processes  and  then  invite  representatives  from  Mauritania  as  individual,  non- parliamentary observers to Sessions and/or Mediterranean Seminars until a new parliament is elected. Suspend all relations with Mauritania until a new parliament is elected. A decision should also be taken on whether a delegation should plan to visit Mauritania, and if so, how should the group be composed, and when should a visit take place.

204 SC 04 E 3 Appendix  1:  Letter  of  10  October  from  Mr  Ahmed  Ould  Sid’Ahmed,  Minister  of  Foreign Affairs and Co-operation of Mauritania, to President Pierre Lellouche Islamic Republic of Mauritania Honour –  Fraternity –  Justice Ministry of Foreign Affairs and Co-operation No. 114/M.A.E. C/M Nouakchott, 10 October 2005 From:   The Minister To: Mr Pierre LELLOUCHE, President of the NATO Parliamentary Assembly Mr President, Strong indications of your feelings of friendship for and solidarity with our country have come back to us, following the changes here on 3 August last. We thank you most sincerely for these. These changes have been favourably received by the people and by the political class as a whole, evidence of a general consensus based on an awareness of the gravity of the situation. The  new  authorities  in  the  country  have  entered  into  an  undertaking  to  restore  the  operation  of democratic institutions on a sound basis and the fundamental balances in the economy, at the end of the transition period, which is not to exceed 2 years in duration. In this context, three (3) committees have been set up to sketch out future work in the following areas: a) the transitional democratic process (electoral timetable, method of election, etc.); b) good governance; c) justice. Following the committees’ reports, a wide-ranging process of consultation, scheduled for October, involving the political parties and civil society will make it possible to arrange the practical details and the timetable for a referendum and for municipal, parliamentary and presidential elections. Mr   President,   Mauritania   would   be   greatly   honoured   to   receive   a   delegation   from   your distinguished institution to seek information on the progress of the transition process. We therefore seize this opportunity to ask you to continue to accept participation by our country in the various activities of your distinguished Assembly. Yours faithfully, (Signed) Ahmed Ould Sid’Ahmed

204 SC 04 E 4 Appendix 2:   Letter of 11 October from President Pierre Lellouche to Mr Ahmed Ould Sid’Ahmed, Minister of Foreign Affairs and Co-operation of Mauritania NATIONAL ASSEMBLY NATO PARLIAMENTARY ASSEMBLY FRENCH DELEGATION The President TO THE NATO PARLIAMENTARY ASSEMBLY The President Paris, 11 October 2005 My Dear Minister, By your letter of 10 October last you were so kind as to inform me of the Government of the Islamic  Republic  of  Mauritania’s  commitment  to  restore  the  operation  of  democratic  institutions, and you expressed the wish that your country might continue its participation in the activities of the NATO Parliamentary Assembly. As  I  pointed  out  to  Mr  Cherif  Moussa  on  his  recent  visit  to  Paris,  the  dissolution  of  the Parliament of Mauritania as prescribed by Article 3 of the Order of 6 August 2005 promulgated by the Chairman of the Military Council has resulted in the termination of your country’s parliamentary representation in our Assembly. However, I have the right to invite individuals as non-parliamentary observers,  pursuant  to  Article  17,  paragraph  2  of  the  NATO  Parliamentary  Assembly’s  Rules  of Procedure. Having   regard   to   the   importance   that   our   Assembly   attaches   to   dialogue   with   the Mediterranean countries, I wanted to consult the members of the Bureau beforehand. Most of them have agreed to my exercising the power conferred upon me by the abovementioned Article 17. I therefore have pleasure in inviting two delegates from Mauritania to attend the Copenhagen annual session from November 11 to November 15 as non-parliamentary observers. I  with  to  make  it  clear  that  the  status  of  Mauritania  in  our  Assembly  will  be  put  on  the agenda of the Standing Committee meeting at the Copenhagen session. It is for this Committee to consider the provisions relating to associate delegations. During our discussion I will pass on to its members  your  proposal for  a  visit  to  Mauritania  by  a  delegation  from  our  Assembly,  but  without prejudging its decision. With kindest regards, (Signed) Pierre LELLOUCHE Mr Ahmed Ould Sid’Ahmed Minister of Foreign Affairs and Co-operation of Mauritania

204 SC 04 E 5 Appendix 3: The Military Coup in Mauritania 13. On  3  August  2005,  a  bloodless  coup  staged  by  military  officers  deposed  Mauritanian President Maaouiya Ould Taya while he was out of the country attending the funeral of Saudi King Fahd in Riyadh. The event was generally condemned by NATO nations, the European Union, the African Union and most of the Arab world. The group of officers released a statement indicating that "the national armed forces and security forces have unanimously decided to put a definitive end  to  the  oppressive  activities  of  the  defunct  authority,  which  our  people  have  suffered  from during the past years". 14. The new ruling junta, calling itself the "Military Council for Justice and Democracy", rapidly consolidated its hold on the country and named as Mauritania's temporary leader Colonel Ely Ould Mohammed Vall, former head of police and intelligence services under President Taya.   Most of the other 16 members of the Military Council occupied senior positions in the deposed government. The junta hurriedly held meetings with all political party leaders, professional syndicates and civil society representatives. 15. As early as 6 August, while news agencies were reporting signs of national approval of the ousting of President Taya, the Military Council promulgated a ruling (ordonnance) under the form of  a  "constitutional  charter"  that  would  "define  the  organisation  and  functioning  of  constitutional government  during  the  transitional  period".  The  text  promised  to  "put  in  place  truly  democratic institutions   at   the   end   of   a   transitional   two-year   period".   According   to   the   document,   the fundamental  dispositions  of  the  Mauritanian  constitution  of  20  July  1991  with  regard  to  Islam; individual and collective liberties; rights and prerogatives of the state, were maintained. The charter granted the Military Council both the executive and legislative power. In addition, article 3 stated that "the powers of the parliament elected in October 2001 are ended".   16. Further  declarations  of  the  military  leaders  promised  a  constitutional  referendum,  which would  impose  a  one-term  limit  on  the  presidential  mandate  and  restrict  the  ability  of  future presidents to amend the constitution. Members of the Military Council also stated that they would not be candidates nor back any party in any future elections. Many Mauritanians welcomed these statements by taking the streets in Nouakchott and other towns. 17. During  the  month  of  August,  a  new  civilian  government  was  put  in  place,  led  by  prime minister Sidi Mohamed Ould Boubacar, who had held this office from 1992 to 1996 and was more recently    Mauritania's    ambassador    to    France.    The    new    government    established    three interdepartmental  committees  for  constitutional  reform,  dealing  respectively  with  (a)  democratic transition  (electoral  system,  dates  of  the  elections,  etc.);  (b)  good  governance;  and  (c)  judiciary reform.    The  Military  Council  also  received  visits  of  representatives  of  the  Arab  Union  and  the African Union, and officially requested United Nations' help in organising elections within the two- year transitional period. The African Union delegation, which had the freedom to go anywhere and interview anyone in private, reached the conclusion that the coup was immensely popular, as many Mauritanians  were  happy  to  see  Taya  depart.  In  early  September,  the  junta  announced  an amnesty for political prisoners benefiting 115 people, including some Islamist leaders. 18. While  still  condemning  the  use  of  force  by  the  military,  Western  capitals  softened  their tones  towards  Mauritania  considering  the  overwhelming  popular  support  of  the  coup,  but  also because it appeared unlikely that the new leaders would change the country's pro-Western foreign policy  (including  maintaining  diplomatic  relations  with  Israel).  The  US  Ambassador  in  Mauritania met members of the Military Council and stressed that the administration in Washington wanted "to see a return to constitutional rule". However, the US government did not implement section 508 of the Foreign Assistance Act, which requires the suspension of all US foreign aid to a country that has  had  a  military  coup  against  a  democratic  government.  According  to  media  sources,  State Department legal advisors ruled that section 508 did not apply to the Mauritanian case because the ousted  president  had  been  elected  in  2003  in  a  poll  deemed  undemocratic  by  all  international observers. This ruling also allowed for the continuation of US-Mauritanian military co-operation.

204 SC 04 E 6 19. On  27-29  September,  Mauritania  received  a  delegation  from  the  European  Commission, which  held  meetings  with  members  of  the  Military  Council,  the  government,  the  chairmen  of the three committees for constitutional reform, representatives of political parties and civil society. At the end of the visit, a statement signed by the German, Spanish and French ambassadors as well as  the  EU  representative  in  Nouakkchott  indicated  that  the  Union  was  ready  "to  work  in  a constructive way" with all parties involved in the transition period in Mauritania and "supports the African Union's efforts".  The EU said that it will "continue to closely follow up the development of the   situation   in   Mauritania   pending   the   establishment   of   a   democratic   system   through   the organisation of free and transparent elections". 20. NATO officials declared in early September that activities with Mauritania in the context of the Mediterranean Dialogue continued and that military authorities had signalled their willingness to maintain all commitments with the Alliance. _____________________________