90.As cited in its decision in the Nubian case, the African Committee
reiterates that according to the Committee on the Rights of the Child and
the Committee on the Elimination of all forms of Discrimination Against
Women, a harmful practice should, among other things, constitute a denial
of the dignity and/or integrity of the individual and a violation of human
rights and fundamental freedoms enshrined in the two Conventions.°°
91. As mentioned above child labor negatively affects the welfare, growth, and
development of the child. As one of the worst forms of child labor, slavery
impedes the overall wellbeing of the child. It is a practice that constitutes a
total denial of the dignity and worth of the child. State Parties are under an
obligation to take legislative, administrative and any other measure to
eliminate harmful practices affecting the welfare, dignity, normal growth
and development of the child; this includes eliminating slavery or slavery
like practices in all its forms. The obligation of the Respondent State, in
this regard, is therefore not that of conduct but of result.
92.The
treatment
growth
and
of Said
and
development;
Yarg
it was
affected their welfare,
prejudicial
to
their
dignity,
health
and
normal
it was
discriminatory. The Committee notes that this is not an isolated incident in
Mauritania. In its fact-finding mission in Mauritania, the Committee has
observed that the practice of slavery is widespread throughout the country
with certain degree of variation. Even though the Respondent State has
indicated the measures taken with regards to eliminating slavery in
Mauritania, it was not sufficiently implemented to eliminate the practice
and prevent the victimization of Said and Yarg. The two brothers were
enslaved for 11 years without any intervention by the State; their eventual
escape from slavery was through their own effort. The Committee hence
finds that the failure of the Respondent State to eliminate the practice of
slavery and the failure to protect Said and Yarg from this harmful practice
is a violation of article 21 of the Charter.
Alleged violation of article 29 on Sale trafficking and
93. Under Article 29 of the Charter, State Parties
appropriate measures to prevent the abduction,
trafficking of children for any purpose or in any
including parent and legal guardians. State Parties
take appropriate
begging.
measures
abduction
are
obliged
to
take
the sale of, or the
form by any person
are further obliged to
to prevent the use of children
in all forms
of
94. The
Protocol to Prevent, Suppress and Punish Trafficking in Persons
Especially Women and Children defines trafficking in persons as ‘the
recruitment, transportation, transfer, harboring or receipt of persons, by
means of the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve
5 Joint general recommendation/general comment No. 31 of the Committee on the Elimination of
Discrimination against Women and No. 18 of the Committee on the Rights of the Child on harmful
practices November 2014 para 15.
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