140. As advanced by the Mauritanian government, the conflict through which the country passed is the
result of the actions of certain groups, for which it is not responsible. But in the case in question, it was
indeed the Mauritanian public forces that attacked Mauritanian villages. And even if they were rebel forces,
the responsibility for protection is incumbent on the Mauritanian State, which is a party to the Charter (cf.
Commission's decision in communication 74/92). The unprovoked attacks on villages constitute a denial of
the right to live in peace and security.
141. Article 19 provides that: "All peoples shall be equal; they shall enjoy the same respect and shall have
the same rights. Nothing shall justify the domination of a people by another..."
142. At the heart of the abuses alleged in the different communications is the question of the domination of
one section of the population by another. The resultant discrimination against Black Mauritanians is,
according to the complainants (cf. especially communication 54/91), the result of a negation of the
fundamental principle of the equality of peoples as stipulated in the African Charter and constitutes a
violation of its Article 19. The Commission must however admit that the information made available to it do
not allow it to establish with certainty that there has been a violation of Article 19 of the Charter along the
lines alleged here. It has nevertheless identified and condemned the existence of discriminatory practices
against certain sectors of the Mauritanian population (cf. especially para. 164).
For these reasons, the Commission
Declares that, during the period 1989-1992, there were grave or massive violations of human rights as
proclaimed in the African Charter; and in particular of Articles 2, 4, 5 (constituting cruel, inhuman and
degrading treatments), 6, 7(1)(a), 7(1)(b), 7(1)(c) and 7(1)(d), 9(2), 10(1), 11, 12(1), 14, 16(1)2 18(1), and
26.
Recommends to the government:
1. To arrange for the commencement of an independent enquiry in order to clarify the fate of persons
considered as disappeared, and to identify and bring to book the authors of the violations
perpetrated at the time of the facts arraigned.
2. To take diligent measures to replace the national identity documents of those Mauritanian citizens,
which were taken from them at the time of their expulsion and ensure their return without delay to
Mauritania as well as the restitution of the belongings looted from them at the time of the said
expulsion; and to take the necessary steps for the reparation for the deprivations of the victims of
the above-cited events.
3. To take appropriate measures to ensure payment of a compensatory benefit to the widows and
beneficiaries of the victims of the above-cited violations.
4. To reinstate the rights due to the unduly dismissed and/or forcibly retired workers, with all the legal
consequences appertaining thereto.
5. As regards the victims of degrading practices, to carry out an assessment of the status of such
practices in the country with a view to identifying with precision the deep-rooted causes for their
persistence and to put in place a strategy aimed at their total and definitive eradication.
6. To take appropriate administrative measures for the effective enforcement of Ordinance No. 81-234
of 9 November 1981, on the abolition of slavery in Mauritania.
The Commission assures the Mauritanian State of its full cooperation and support in the application of the
above-mentioned measures.
Algiers, Algeria, 11 May 2000.
1 Editor's note:The English language version of communication 74/92 is generally of shorter length (26
paragraphs in all) and is less detailed than the French language version (with forty one paragraphs), and
the right paragraph referenced here in the English language version is paragraph 21.
2 Editor's note: Paragraph 122 of this decision says "Consequently, the Commission considers that there
was a violation of Article 16.
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