Alleged violation of article 15 on child labour
79. State Parties to the African Children’s Charter are obliged to take all the
necessary measures to ensure that children are protected from all forms of
economic exploitation and from performing hazardous works or works that
affect their physical, mental, spiritual, moral or social development
both in
the formal and informal sectors.°° The Committee also shares the view
that all forms of slavery and slavery like practices are considered to be
worst forms of child labour pursuant to ILO Convention No 182.°"
80.In the Communication
at hand,
the Committee
notes that Said
and
Yarg
have been placed in the El Hassine family to undertake herding and
domestic chores seven days a week with no rest for the exploitation of
their labour, which in accordance with the Committee amounts to
contemporary form of slavery or slavery like practices.** The Committee
stresses that the prohibition of slavery and slavery like practices has
attained the status of customary international law and jus cogens norms.°?
The
International
Court
of Justice
has
further established
that States’
obligation to prohibit and eliminate slavery is an erga omnes obligation.* It
therefore follows that States are not allowed to derogate from their
obligation to prohibit slavery in any circumstances, and moreover, no
justification is acceptable for the failure of States to prohibit slavery or
slavery like practices.
81. It is the Committee’s view that exploitative slavery practices against
children impair their survival and development physically, intellectually,
socially, spiritually, and morally. Furthermore, the Committee gives due
regard to the interrelatedness and interdependence of children’s rights in
considering the violation of article 15 of the Charter. The servitude of Said
and Yarg in and by itself is a violation of article 15 of the African Children’s
Charter and also it leads to other violations of the numerous
provisions of
the Charter such as the right to birth registration, access to health care
and other basic services, family environment and so forth. Additionally,
slavery or slavery like practices lead to violation of fundamental freedoms,
right to movement,
access to fair trial, and subject children to inhuman and
degrading treatment.°°
82. Given the legal status of the prohibition of slavery or slavery like practices
and its long lasting impact on the rights and welfare of children, the
Government of Mauritania is expected to take concrete and practical steps
to prevent and abolish all slavery like practices that persist in its territory.
Article 15 of the African Charter provides that children should be protected
from economic exploitation and preforming work that is hazardous to their
5° ACRWC article 15(1)(2).
51 ILO Worst Forms of Child Labour Convention 1999 (No. 182).
52 Supplementary Convention on the Abolition of Slavery, the
Practices Similar to Slavery article 1(d).
53 Yearbook
of the
63.V.2, pp. 198-199.
International
Law
Commission
1963,
vol.
Slave
Il, United
Trade,
Nations
and
Institutions
and
sales
publication
No.
° Barcelona Traction, Light and Power Co, Ltd. (Belgium v. Spain), Judgment of 5 February 1971, I.C.J.
Reports,
1970, p. 32.
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