was not State driven as the aunt of the victims took the initiative to bring
the case to the attention of the police and the appeal was also initiated by
the lawyer of the victims. Moreover, the investigation and court proceeding
was unduly prolonged and contrary to the best interest of the child as
indicated in the admissibility ruling of this decision.
With regards to
prosecution and punishment, the Committee finds that the Respondent
State has not shown due diligence to prosecute all the perpetrators of the
violations, furthermore the one that was prosecuted
has been released on
bail and the police are not able to locate him. Such failure on the part of
the
Respondent
State
reflects
ignorance
that
leaves
perpetrators
with
impunity and does not send a deterring massage for other slave masters.
Therefore, due to lack of due diligence in preventing the enslavement of
Said and Yarg, taking proactive measures to investigate the violation and
effectively prosecute and
ensure
effective remedy
punish all perpetrators, as well as failing to
to the victims, the Committee
finds the
Respondent State in violation of its obligation under article 1 of the African
Children’s Charter which requires it to take all the necessary measures
possible to respect,
the Charter.
protect,
promote,
and fulfill the rights enumerated
in
Alleged violation of article 3 on non-discrimination
59. Article 3 of the African Children’s Charter provides that “Every child shall
be entitled to the enjoyment of the rights and freedoms recognized and
guaranteed
in this Charter irrespective of the child’s or his/her parents’ or
legal guardians’ race, ethnic group, color, sex, language, religion, political
or other opinion, national and social origin, fortune, birth or other status.”
The Complainants alleged that the two brothers were treated differently
from
other children
in their former
master’s
house.
They
were
held
as
slaves, required to work seven days a week without pay, without rest, were
not allowed to attend school and were not afforded time for play. It was
further alleged that the discrimination the children has faced resulted in
violation of their right to development, education, leisure, their right not to
be subjected to child labor as well as their right not to be subjected to
inhumane and degrading treatment. The Complainants also stated that
while other children in the house were referred to with their names, the two
brothers were simply called ‘slave’. The Applicants further alleged that the
differential
treatment
to which
the two
boys
were
subjected
was
solely
based on the fact that they belonged to the Haratine ethnic group, who are
victims of slavery in Mauritania.
60. Moreover,
the Committee,
from
the records
of the hearing,
learned
that
Said and Yarg testified that they are subjected to different treatment which
amounts to discrimination. Both from the submissions of the Complainants
and the testimony of the two brothers, the Committee noted that the two
brothers were treated differently than the other children in the household
due to their status as slaves.
61. Following
the submissions, the Committee deliberated on whether the
different treatment that the two brothers have been subjected to amounts
to discrimination or not. The Committee shares the view that for a
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