submitted
pursuant
to Article
44
is subject
to
authorship, form and content as considered below.
conditions
relating
to
Requirement as to Authorship
16. Section |
(3) of the Revised Guidelines on Consideration of
Communications
by
the ACERWC
(the
Revised
Communication
Guidelines)provides a communication may be presented on behalf of a
child victim without her/his agreement on condition that the complainant is
able to show
that her/his
action
is taken
in the supreme
interest of the
child. The Complainants have submitted the communication on behalf of
Mauritanian children; Said Ould Salem who is 16 years old and Yarg Ould
Salem who is 13 years old, whose rights under the Charter have been
violated by the Respondent State.
17. The Committee notes that the communication explicitly states the names
of the authors, which are recognised Non-Governmental Organizations;
and the complaint is submitted on behalf of Said Ould Salem and Yarg
Ould Salem, Mauritanian children in the Respondent State. In addition, the
Committee notes that the Complainants have provided arguments that the
submission
is made
in the
best
interests
of the victims.
Committee holds the view that the Complainants have
Section 1(3) of the Revised Communication Guidelines.
Therefore,
complied
the
with
Requirements as to Form
18. The Complainants submit that the present Communication satisfies the
requirement as to form as set out in Section 2 (2) of the Revised
Communication Guidelines, which states that a Communication can only
be considered by the Committee if it is not anonymous, it is written in one
of the official languages of the Committee, it concerns a State Party to the
Charter and it is duly signed by the applicant or her/his representatives.
In
this regard, the Committee
is of the view that the Author of
the Communication has been identified and relevant details of the
Communication
have
been
provided
to
the
Committee.
The
Communication is written in English which is one of the official languages
of the Committee and it is made against a State Party to the Charter.
Therefore, the Committee concludes that the Complainants have complied
with the requirement of form as laid down in the Communication
Guidelines.
Requirements as to Content
19. Laying down requirements as to the content of a communication,
Section IX (1) (a) of the Revised Communication Guidelines prescribes
that a Communication has to be compatible with the provisions of the
Constitutive Act of the African Union or with the Charter on the Rights and
Welfare
of the Child. The
Complainants
submitted that this condition is