23. Section IX (1) (d) of the Revised Communication Guidelines provides that
the author of a communication should exhaust all available and accessible
local remedies before it brings the matter to the Committee. The issue of
exhaustion of local remedies requires further explanation. As the
ACERWC elucidated in its previous decisions, the requirement to exhaust
domestic remedies is only applicable with regards to remedies,
which are
‘available' means
reachable;
‘available, effective and sufficient’? As the Commission clarified in many of
its decisions, a remedy is considered to be available if the petitioner can
pursue it without impediment or if he/she can make use of it in the
circumstances of his/her case. According to the Commission, “the word
on call, on hand,
command,
at
producing
the
‘readily obtainable; accessible’; or ‘attainable,
ready, present; convenient,
one's
disposal,
at one's
beck
at one's service,
and
call’.
In other
at one's
words,
remedies, the availability of which is not evident, cannot. be invoked by
the
State
to the detriment
of the Complainant.> The Commission
defined the word ‘effective’ as “adequate to accomplish a purpose;
intended
or
expected)
result,”
or
‘functioning,
useful,
serviceable, operative, in order; practical, current, actual, real, valid’”.* As
the Commission underscored, a remedy is effective if it offers a prospect
of success.
If its success
is not sufficiently
certain,
the
remedy
cannot
meet the requirements of availability and effectiveness.° A remedy
considered to be sufficient if it is capable of redressing the complaint.
is
24.In the matter at hand, the Complainants indicated that the Respondent
State has enacted penal laws that criminalise holding persons as slaves.
On its face value, Mauritania's legal and institutional framework appears to
offer protection against slavery. The adoption, on 3 September 2007, of
the Slavery Act criminalizing slavery and punishing slavery-like practices
appeared as a significant step in combating against. However, various
reports show that there is lack of effective implementation of this law. For
instance, in 2014, the UN Special Rapporteur on Contemporary Forms of
Slavery noted that “the enforcement of the 2007 anti-slavery law relies
solely upon the police and judiciary, who have shown a reluctance to
follow up on allegations of slavery-like practices, with most cases being
closed without any proper investigation."® Similarly, in its 2014/15 Report,
Amnesty International reported that implementation of the anti-slavery law
in practice remained
delays.”
the
end
poor,
stating that "court cases were
Amnesty International further indicated
of 2014,
at
least
six
cases
of slavery
subject to long
that between
were
2010
submitted
and
to the
? See Institute for Human Right and Development in Africa (IHRDA and other on behalf of Children
of Nubian descent v. Kenya, Communication No. Com/002/2009, para 28.
* See Anuak Justice Council V Ethiopia Communication no. 299/2005, para 51.
“See Anuak Justice Council v. Ethiopia (n 3 above) para 52.
5 See Anuak Justice Council v. Ethiopia (n 4 above).
® United Nations General Assembly, Human Rights Council, Report of the Special Rapporteur on
contemporary forms of slavery, including its causes and consequences,
Gulnara Shahinian:
Follow-up mission to Mauritania,
a7th
Session, A/HRC/27/53/Add.I,
26 August 2014,
para 11.
” Amnesty International Report 2014/15: The State of the World's Human Rights. London: Amnesty
International,
2015
p. 245.
Available
at: https://www.amnesty.org/en/documents/poll0/0001/2015/en/
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