v.
Decision on Admissibility
31.On the basis of the above arguments and analysis, the African Committee
of Experts on the Rights and Welfare of the Child notes and concludes
that the Communication submitted by the authors has fulfilled all the
admissibility conditions as laid down in the Committee’s Guidelines on
Consideration
of Communication;
and
it is accordingly
declared
admissible.
vi.
Submissions on the Merits of the Communication
The Complainants’ Submission on the Merits
32. The Complainants’ allegations are based on the fact that Mauritania has
failed to adequately and effectively enforce the 2007 law criminalizing
slavery and to ensure that the members of the family who have held the
two boys in slavery were charged with offences and received sentences
and punishments commensurate to the seriousness of their actions.
33.The Complainants argue that Mauritania has failed to ensure that the
appeal against the unduly lenient sentences and
the amount of
compensation awarded is heard promptly; and has failed to ensure that
the absconded slave master is located and brought to justice.
34. The Complainants submit that through its failure to adequately enforce
provisions of the 2007 anti-slavery law in respect of those who held
two boys in slavery, the Government of Mauritania is in breach of
negative and positive obligations in relation to various rights under
Charter. The complainants therefore argue that the Government
necessarily
in
breach
measures) of the Charter.
of
its
duty
under
article
1
(obligation
to
the
the
its
the
is
take
35. The Applicants submit that the difference in treatment faced by Said and
Yarg in respect of their rights amounts to discrimination. In this regard, the
Complainants
submit
that
the
Respondent
State
assumes
the
responsibility of preventing and investigating acts of discrimination, and
punishing perpetrators with a view to ensuring redress to the victims. In
the same token, the Complainants argue that the treatment of Said and
Yarg and the failure of the Government to prevent such treatment and
provide effective remedy violated their rights to education, survival and
development,
leisure,
recreation,
and
cultural
activities,
protection
form
economic exploitation, protection against harmful social and cultural
practices, and protection from sale, trafficking and abduction of children.
The Complainants further argued that the delay in the court proceedings is
a violation of the best interest of the child.
The Respondent State’s Submission
36.The
Respondent
Mauritania
provides
State
submitted
on the Merits
that
the
legislative
a solid basis for the protection
framework
of children
of
against
10