multiple rights guaranteed under the Charter. Accordingly, the Committee finds that
the treatment of children on the basis of witchcraft accusations constitutes a
violation of the principle of non-discrimination.
49. The Committee proceeds to determine whether the Respondent State bears
responsibility for these violations and whether it has complied with its obligations
under the Charter. In this regard, it is important to understand what the obligation
of the Respondent State is in relation to the discrimination of children as a result of
the practice of witchcraft accusation. The Committee notes State Parties’ obligation
to protect children from discriminatory practices caused by third parties or nonstate actors. The Committee recalls its decision on Minority Rights Group
International et al v Mauritania case where it held that States have the duty to
protect children from violence caused by third parties which comes in two folds i.e.
their responsibility to take preventive measures and their obligation to ensure
effective remedy in cases violations occur.19 In the same case the Committee found
Mauritania to be in violation of its obligation under the Charter for failure to take
measures to protect the victims from discriminatory practices caused by non-state
actors as well as for lack of due diligence in the investigation and prosecution of
the perpetrators.20
50. The Committee notes that States have the duty to take legislative, administrative,
budgetary, judicial, and other necessary measures to implement their duty to
protect children from violations caused by anyone. The African Commission on
Human and Peoples’ Rights held the same position by providing that States have
‘the responsibility to ensure the effective application of the edict and thus ensure
the freedom of its citizens, to carry out inquiries and initiate judicial action against
the perpetrators of violations of the national legislation.’21 Accordingly, the
Respondent State has to demonstrate the measures undertaken to prevent and
redress the discrimination of children accused of witchcraft. The Committee finds
that the measures demonstrated have to be in line with Article 1 of the Charter
which outlines the obligation of States in fulfilling the rights therein which includes
legislative and other measures as well as discouraging customs, traditions and
practices that hinder the realisation of the rights under the Charter.22 The
Committee in its General Comment No 5 on Article 1 of the Charter explained that
the obligation to discourage practices inconsistent with the rights in the Charter
entails a mapping exercise to identify practices that are potentially contradictory
with the Charter and undertaking proactive measures to sanction, prosecute, and
raise awareness.23 The General Comment further links the obligation to discourage
such practices under Article 1(3) with Article 21 which prohibits harmful practices
and elaborates that if a practice falls in the definition of harmful practices under
19 ACERWC, Communication No 007, Minority Rights Group International and SOS-Esclaves on
behalf of Said Ould Salem and Yarg Ould Salem V. The Republic of Mauritania, para 62.
20 As above, para 64.
21 ACHPR, Malawi African Association and Others v Mauritania (2000) AHRLR 149 (ACHPR 2000),
para 134.
22 ACRWC, Article 1 (1) and (3).
23 ACERWC, General Comment No 5 on Article 1 of the ACRWC on State Party Obligations and
Systems Strengthening for Child Protection, p 52-53.
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