Decision on a communication submitted before the African Committee
of Experts on the Rights and Welfare of the Child
On the matter between
Minority rights group international and Sos-esclaves on behalf of Said
Ould Salem and Yarg Ould Salem
Vv
The Government of the Republic of Mauritania
Submission of communication
. The Secretariat of the African Committee of Experts on the Rights and
Welfare
of
the
Child
(the
Committee/ACERWC)
received
a
communication
dated
15 December 2015 pursuant to Article 44(1) of
the African Charter on the Rights and Welfare of the Child (the
Charter/ACRWC).
The Communication is submitted by Minority Rights
Group International and SOS-Esclaves (the Complainants). According to
Section
IX
(2)
(i)
of
the
Revised
Guidelines
on
Consideration
of
Communications
by the ACERWC
(the
Revised
Communication
Guidelines), the Committee transmitted a copy of the Communication
to the Respondent State Party through a Note Verbal written on 05
.
January 2016.
Upon
receipt
of
the
Communication,
the
State
Party
should
have
submitted its response within 60 days from the date of the request from
the Secretariat. The Committee then sent additional Note Verbal on 15
August 2016.
As the Committee did not receive a response from the
Government, and given the serious nature and time sensitiveness of the
allegations by the Complainants, it decided to proceed considering the
admissibility of the Communication without a response from the
Respondent State.
. After declaring
the
Communication
admissible
Committee
conducted
a
hearing on the 28" Ordinary Session held from 21 October to 1 November
2016 in Banjul, the Gambia. At the hearing, the Complainants and the
Respondent State made oral submissions and examined Said Ould Salem
and Yarg Ould Salem. The hearing shed light on the arguments of both
sides, in addition to giving the children an opportunity to express their
views on the matter.
. Following the hearing, the Committee conducted an on-sight investigation
in Mauritania in accordance with article 45 of the Charter and section XV
of the Revised Communication Guidelines. The investigation took place
from 27 to 30 March 2017. The aim of the investigation was to ascertain
fact with regards to the allegations of the practice of slavery in Mauritania.
Summary of Alleged facts
. The
Complainants
younger
mother,
brother,
allege that Said
Yarg
Ould
part of Mauritania's
Salem,
slave
Ould
were
class.
Salem,
born
in
born
in 2000
2003
It is therefore
to
a
and
his
Haratine
alleged
that