after conviction, the slave-owner was released on bail for the sum of
200,000 MRO (roughly USD$600) without any prior communication to the
lawyer representing the victims.
11 . Finally, the Complainants allege that an appeal hearing, initially scheduled
for November 2, 2015 was repeatedly postponed due to, initially, the
absence of the President of the Criminal Chamber of the Court of Appeal
and subsequently due to the inability of the authorities to locate Anmed
Ould
El
Hassine
following
his
change
of address.
The
Complainants
submitted that it is unclear what, if any, steps have actively been taken by
the authorities to locate the convicted slave owner who is also
presumably in breach of his bail conditions.
The Complaint
12.Based on the above facts, the Complainants allege that the Republic of
Mauritania is in violation of Articles1 (Obligation of State Parties), 3
(Non-Discrimination), 4 (Best Interests of the Child),
5 (Survival and
Development),
11(Education), 12 (Leisure, Recreation, and Cultural
Activities),
15
(Protection
from
Economic
Exploitation),
16
(Protection
Against Harmful Social and Cultural Practices) and 29 (Prevention of Sale,
Trafficking and Abduction of Children) of African Charter on the Rights
and Welfare of the Child.
The African Committee’s Analysis on
Decision of Admissibility
13.The ACERWC
notes that the current Communication
is submitted
pursuant to Article 44 of the ACRWC which allows the Committee to
receive
and
consider complaints from “any person, group or non-
governmental organization recognized by the Organization of the African
Unity, Member States, or the United Nations on matters covered by [the
Charter]. The Complainants, therefore, have submitted that they have
the competence to submit the communication as a recognized NonGovernmental Organisations. The Complainants also stated that the
communication is directed against a State Party to the African Children’s
Charter, as the Respondent
State
ratified
the
ACRWC
on
21
September 2005, and the alleged violations of the rights enshrined in the
Charter have allegedly been committed in the jurisdiction of the
Respondent State.
14.The Committee also notes that MRG is an international human rights
organization registered in the UK and SOS-Esclaves
is a NonGovernmental Organization based in Mauritania. Moreover, it is also noted
that the Communication is submitted on matters covered under the
ACRWC.
Therefore,
the Committee
is of the view that the Complainants
have the capacity to submit a Communication
44 of the ACRWC.
15.As
provided
under
Section
Il
Communication
Guidelines,
the
in accordance with Article
and
Section
admissibility
IX of the
Revised
of
a
communication