the Committee joins the view of the UNCRC as it is pronounced in its
General Comment. The UNCRC states that play and recreation are
essential to the health and well-being of children and promote the
development of creativity, imagination, self-confidence, self-efficacy, as
well as physical, social, cognitive and emotional strength and skills’*®
Furthermore, the UNCRC states that ensuring such rights “contribute to
all aspects of learning; they are a form of participation in everyday life and
are of intrinsic value to the child, purely in terms of the enjoyment and
pleasure they afford... Participation in cultural and artistic activities are
necessary for building children’s understanding, not only of their own
culture, but other cultures, as it provides opportunities to broaden their
horizons and learn from other cultural and artistic traditions, thus
contributing towards mutual
understanding
and appreciation of diversity...
Rest and leisure are as important to children’s development as the basics
of nutrition, housing, health care and education. Without sufficient rest,
children will lack the energy, motivation and physical and mental capacity
for meaningful participation or learning.”*°
77.In the Communication
at hand, the Applicants
submitted
that Said
and
Yarg were not allowed to play and rest adequately or pray. It was therefore
argued that the treatment of the boys amounts to the denial of their right to
leisure, recreation and cultural activities and this is a breach of the positive
obligation of the Respondent State to protect children’s right. The
Complainants further argue that the Respondent State has failed in its duty
to protect this right by not adequately investigating and punishing those
responsible for violating their rights.
78.Deliberating
on
the
submissions,
the
Committee
notes
that
the
Respondent State is required to take the necessary measures to ensure
that third parties do not interfere with the enjoyment of the right to leisure,
recreation and cultural activities by children. The Committee learns that
Said and Yarg were required to engage in domestic work all 7 days of the
week without rest. From the testimony of the children during the hearing,
the Committee also observed that the children used to be obliged to leave
the house of the slave masters 4 O’clock in the morning every day to look
after the camel herd and return to the house in the evening to prepare food
before they go to bed. This has been the daily routine for the boys.
Consequently, for eleven years Said and Yarg were denied of their right to
play, rest and participate in cultural activities. This, according to the
Committee clearly amounts to a denial of their childhood. The Committee
therefore concludes that the Respondent State has violated its duty under
article
12
of the
Charter
by
failing
to ensure
that
Said
and
Yarg
are
enjoying their right to leisure, recreation and cultural activities, contrary to
what is prescribed under article 12 of the African Children’s Charter.
48 UNCRC General Comment 17 p2.
4 As above.
23