the
consent
of a person
purpose of exploitation...’ ©
having
control
over
another
person,
for the
95. The Complainants in the current Communication submitted that trafficking
is recognized
as
one
form
of slavery
or slavery
like practice,
international human rights law standards applicable
slavery in all its modern and traditional forms, of
particular example. The Complainants further argued
article 29 of the Charter should be interpreted to
and
that
to Mauritania prohibit
which trafficking is a
that the provisions of
include all forms of
traditional and modern slavery or slavery like practices. By expanding
article 29, the Complainants alleged that, it puts the Respondent state
under an obligation to take appropriate measures to prevent slavery and
similar practices. It can be concluded that the argument of the
Complainants under this provision invokes sale, trafficking and abduction
in as far as they relate to slavery and practices similar to slavery.
96. However, the Committee notes that the issue of slavery for the purpose of
this case has been adequately dealt with under the provision of the
Charter that prohibits child labor. Article 15 is interpreted to include worst
forms of child labor, which includes slavery in all its forms. It is the
Committee’s view that the Complainants failed to establish the relevance
of the provision on sale, trafficking and abduction to the facts of the case.
Hence, the Committee concludes that no sufficient legal and factual
grounds
have
Respondent
Charter.
been
State
established
in violation
by
the
Complainants
of its obligation
Decision of the Committee
97. For the aforementioned reasons
the
African
under
which
put
the
finds
the
article 29
Committee
of the
Respondent State in violation of its obligations under article 1 (obligation of
states parties), article 3 (non-discrimination), article 4 (best interests of the
child), article 5(survival and development), article 11 (education) article 12
(leisure, recreation and cultural activities), article 15 (child labour), article
16 (protection against child abuse and torture) and article 21 (protection
against harmful social and cultural practices).
98. The African Committee of Experts on the Rights and Welfare of the Child
therefore recommends for the Government of Mauritania to:
A) Ensure that all members of the El Hassin family are prosecuted for
the enslavement of Said and Yarg and the violation of their rights to
equality, survival and development, education, leisure, recreation
and cultural activities, protection against child abuse and torture,
and protection against child labor, and ensure that they receive
sentences commensurate to the crimes committed pursuant to the
laws of Mauritania;
B) Take measures to ensure that Said and Yarg
necessary documents including birth registration
obtain all the
certificate and
°° Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime (2000) art 3(a).
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