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WEEKLY NEWSLETTER
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Mauritania
Index
National College of Administration, Nouakchott
Courtesy Derwood Staeben
Palace of Justice, Nouakchott
Courtesy Derwood Staeben
Like the Constitution, the Constitutional Charter of February
1985 pledged adherence to principles embodied in the Universal
Declaration of Human Rights and in the charters of the United
Nations (UN), the Organization of African Unity (OAU), and the
League of Arab States (Arab League). The charter also proclaimed
Islam the state religion and
sharia
(see Glossary) the only
source of law.
The fundamental powers and responsibilities of the CMSN,
outlined in Article 3 of the charter, included establishing the
general policies of the nation, promulgating ordinances to carry
out policy, monitoring actions of the government, ratifying
international agreements, and granting amnesty except in cases of
retributory justice and religious crimes
(see Law and Crime
, ch.
5). Articles 4 through 10 pertained to the internal organization
of the CMSN and presidential succession. Members were nominated
to the CMSN by ordinance of that body, and it alone decided the
procedures by which it would conduct its business. Included
within the CMSN was the Permanent Committee, consisting of all
CMSN members posted to Nouakchott. The Permanent Committee met in
ordinary session once every fifteen days and in extraordinary
session when convoked by the president. The CMSN was required to
meet in ordinary session every third month and in extraordinary
session when convoked by the president after approval of the
Permanent Committee, or upon the request of one-third of the
members. If the president were temporarily absent, the president
of the CMSN would nominate a member of the Permanent Committee to
carry out the routine affairs of state. If the president were
temporarily incapacitated, the Permanent Committee would nominate
one of its members to manage affairs of state for a period not to
exceed one month. In the event of the president's death or a
long-term incapacitation, the Permanent Committee would designate
one of its members to carry out the functions of president for
one week, after which the entire CMSN would appoint a new
president from among its members.
Articles 11 and 12 determined the manner in which the
president nominated civilian and military members of government.
As head of state and commander in chief of the armed forces, the
president made all nominations for civilian and military posts
and for members of the government. Similarly, he could dismiss an
appointee at any time. The final four articles of the
Constitutional Charter dealt with maintenance of public order and
enforcement of CMSN ordinances.
A second ordinance, promulgated at the same time as the
charter, governed the internal organization of the CMSN and
supplemented the charter. The preamble to this ordinance
unequivocally entrusted the CMSN with national sovereignty and
legitimacy, but only until replaced by democratic institutions.
The first three articles established de jure membership and
rank in the CMSN and delineated the relationship between members
of the government and the CMSN. Members of the CMSN ranked higher
than members of the government. Accordingly, no member of the
CMSN could be sued, searched, arrested, held, or tried while
carrying out official duties. No member could be arrested or sued
in criminal cases or minor offenses without authorization from
either the full CMSN or the Permanent Committee, unless caught in
flagrante delicto.
The second article dealt with the selection and
responsibilities of the president of the CMSN, who was chosen in
a secret ballot by a two-thirds majority of its members and could
be deposed in the same way. The president presided over debates
and ensured that the Permanent Committee complied with the
charter and the committee's regulations. He also controlled
debate and could suspend the session at any time. Internally, the
CMSN included five advisory commissions dealing with cultural and
social affairs, security affairs, public works and development,
economy and financial affairs, and education and justice. The
commissions monitored the implementation of policy in their
respective areas.
In reality, the CMSN in 1987 was a coterie of officers, most
of whom were Maures, representing a variety of sometimes
overlapping and sometimes discrete corporate and ethnic
interests. Among its members, rank, status and influence varied
widely. In debates, which were resolved by consensus, the
opinions and positions of the acknowledged "big men" were not
likely to be challenged openly by members of lower status, who
instead might have engaged in surreptitious maneuvering or
plotting behind the scenes. The most powerful member of the CMSN
in the late 1980s was Taya, who was often described as
hardworking and dedicated and whose achievements were the result
of strength of purpose rather than political ambition. The second
most powerful figure was the minister of interior, information,
and telecommunications, Lieutenant Colonel Djibril Ould Abdallah,
who was often described as "Taya's strongman."
The military government operated through a cabinet whose
members, both civilian and military, were appointed by the
president, presumably after consultation with members of the
CMSN. In 1987 approximately one-third of the fifteen cabinet
ministers were also members of the CMSN, although that ratio
changed with every cabinet reshuffle. Cabinet officers were
responsible for implementing policies initiated by the CMSN.
Data as of June 1988
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