the Committee joins the view of the UNCRC as it is pronounced in its General Comment. The UNCRC states that play and recreation are essential to the health and well-being of children and promote the development of creativity, imagination, self-confidence, self-efficacy, as well as physical, social, cognitive and emotional strength and skills’*® Furthermore, the UNCRC states that ensuring such rights “contribute to all aspects of learning; they are a form of participation in everyday life and are of intrinsic value to the child, purely in terms of the enjoyment and pleasure they afford... Participation in cultural and artistic activities are necessary for building children’s understanding, not only of their own culture, but other cultures, as it provides opportunities to broaden their horizons and learn from other cultural and artistic traditions, thus contributing towards mutual understanding and appreciation of diversity... Rest and leisure are as important to children’s development as the basics of nutrition, housing, health care and education. Without sufficient rest, children will lack the energy, motivation and physical and mental capacity for meaningful participation or learning.”*° 77.In the Communication at hand, the Applicants submitted that Said and Yarg were not allowed to play and rest adequately or pray. It was therefore argued that the treatment of the boys amounts to the denial of their right to leisure, recreation and cultural activities and this is a breach of the positive obligation of the Respondent State to protect children’s right. The Complainants further argue that the Respondent State has failed in its duty to protect this right by not adequately investigating and punishing those responsible for violating their rights. 78.Deliberating on the submissions, the Committee notes that the Respondent State is required to take the necessary measures to ensure that third parties do not interfere with the enjoyment of the right to leisure, recreation and cultural activities by children. The Committee learns that Said and Yarg were required to engage in domestic work all 7 days of the week without rest. From the testimony of the children during the hearing, the Committee also observed that the children used to be obliged to leave the house of the slave masters 4 O’clock in the morning every day to look after the camel herd and return to the house in the evening to prepare food before they go to bed. This has been the daily routine for the boys. Consequently, for eleven years Said and Yarg were denied of their right to play, rest and participate in cultural activities. This, according to the Committee clearly amounts to a denial of their childhood. The Committee therefore concludes that the Respondent State has violated its duty under article 12 of the Charter by failing to ensure that Said and Yarg are enjoying their right to leisure, recreation and cultural activities, contrary to what is prescribed under article 12 of the African Children’s Charter. 48 UNCRC General Comment 17 p2. 4 As above. 23

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