satisfied since the Communication is presented pursuant to Article 44 of
the African Children’s Charter in order to strengthen the observance of the
ACRWC’s provisions in Mauritania and to contribute to the establishment
of a vibrant,
legally coherent African children’s rights regime. The
Committee
notes that the communication
is compatible with the
Constitutive Act of the AU and the Charter as it concerns alleged violations
of the provisions of the Charter. In this regard, the Committee makes
reference to the Decision of the African Commission on Human and
Peoples’ Rights (the Commission/ACHPR) in the case Frederick Korvah
v. Liberia’ which sets the jurisprudence that for the content of the
Communications to be considered compatible with the concerned
instrument, it suffices to prove that the applicant invokes provisions of the
particular law which are presumed to have been violated. Therefore, it is
the Committee’s position that the Communication meets the requirements
under Section IX (1) (a) of the Revised Communications Guidelines.
20. The Committee also notes that
professional,
polite
and
the
respectful
communication
language,
is
making
presented
it
in
a
compatible
with Section IX (1) (F) of the Revised Communication Guidelines.
24. Pursuant to Section IX (1) (b) of the Revised Communication Guidelines,
a communication should not be exclusively based on_ information
circulated by the media. The Committee has learned that the factual basis
of the present Communication
rests on the information gathered through a
direct contact between SOS-Esclaves and a local lawyer with the two
boys, as well as from country visits by Minority Rights Group International
to Mauritania and meetings with the two boys. Therefore, the Committee is
of the view that the alleged facts are not solely based on information
circulated by the media; hence it satisfies the requirement under Section
IX (1) (b) of the Revised Communication Guidelines.
22.According to Section IX
a communication
shall
previously
settled
by
(1)
not
(C) of the Communication
Guidelines,
raise
matters
pending
settlement
or
another
international
body
or
procedure
in
accordance with any legal instruments of the African Union and principles
of the United Nations Charter. As far as the inquiry made by the
Committee goes, the Communication under consideration does not raise
matters pending settlement or previously settled by another international
body or procedure in accordance with any legal instruments of the Africa
Union
and
principles of the United Nations Charter.
In this regard and as
part of the investigation, the Committee officially requested the African
Court on Human and Peoples’ Rights and the ACHPR if the matter in the
Communication at hand has ever been brought to their attention. In its
response,
the ACHPR
informed the Committee
that the matter has never
been presented to the Commission. Consequently, the Committee holds
the view that the Communication has complied with the requirement in
Section IX (1) C) of the Revised Communication Guidelines.
" See
African
Communication
Commission
on
Human
No. 1/88 (1988) para 6
and
Peoples'
Rights,
Frederick
Korvah
v.
Liberia,