th
Resolution 47/135 of 18 December 1992. Article 1(1) of this document indeed stipulates:“States shall
protect the existence and national or ethnic, cultural, religious or linguistic identity of the minorities
within their respective territories and shall stimulate the establishment of conditions conducive to the
promotion of such identity.” From the foregoing, it is apparent that international human rights law and
the community of States accord a certain importance to the eradication of discrimination in all its
guises. Various texts adopted at the global and regional levels have indeed affirmed this repeatedly.
Consequently, for a country to subject its own indigenes to discriminatory treatment only because of
the colour of their skin is an unacceptable discriminatory attitude and a violation of the very spirit of the
African Charter and of the letter of its Article 2.
132. Article 5 of the Charter states that:
“All forms of exploitation and degradation of man particularly slavery … shall be prohibited.”
133. Communications 54/91 and 98/93 allege that a majority of the Mauritanian population is
composed of slaves. The government states that slavery had been abolished under the French
colonial regime. The communications also allege that freed slaves maintain traditional and close links
with their former masters and that this constitutes another form of exploitation.
134. During its mission to Mauritania in June 1996, the Commission’s delegation noted that it was still
possible to find people considered as slaves in certain parts of the country. Though Edict Nº 81-234 of
9 November [1981] had officially abolished slavery in Mauritania, it was not followed by effective
measures aimed at the eradication of the practice. This is why, in many cases, the descendants of
slaves find themselves in the service of the masters, without any remuneration. This is due either to
the lack of alternative opportunities or because they had not understood that they had been freed of all
forms of servitude for many years. From all appearances, some freed slaves chose to return to their
former masters. From the Commission’s point of view, the State has the responsibility to ensure the
effective application of the Edict and thus ensure the freedom of its citizens, to carry our inquiries and
initiate judicial action against the perpetrators of violations of the national legislation.
135. Independently from the justification given, by the defendant State, the Commission considers, in
line with the provisions of Article 23(3) of the Universal Declaration of Human Rights , that everyone
who works has the right to just and favourable remuneration ensuring for himself and his family an
existence worthy of human dignity, and supplemented, if necessary, by other means of social
protection. These provisions are complemented by those of Article 7 of the International Covenant on
Economic, Social and Cultural Rights . In view of the foregoing, the Commission deems that there was
a violation of Aticle 5 of the Charter due to practices analogous to slavery, and emphasises that
unremunerated work is tantamount to a violation of the right to respect for the dignity inherent in the
human being. It furthermore considers that the conditions to which the descendants of slaves are
subjected clearly constitute exploitation and degradation of man, both practices condemned by the
African Charter. However, the African Commission cannot conclude that there is a practice of slavery
based on the evidence before it.
136. Article 17 of the Charter stipulates that:
“2. Every individual may freely take part in the cultural life of his community.
3. The promotion and protection of morals and traditional values recognised by the community shall be
the duty of the State…”.
137. Language is an integral part of the structure of culture; it in fact constitutes its pillar and means
of expression par excellence. Its usage enriches the individual and enables him to take an active part
in the community and in its activities. To deprive a man of such participation amounts to depriving him
of his identity.
138. The government made it known that there exists in the country an institute of national
languages, for over ten years now, and that this institute teaches those languages. However, a
persisting problem is the fact that many of these languages are exclusively spoken in small parts of
the country and that they are not written. Communication 54/91 alleges the violation of linguistic rights
but does not provide any further evidence as to how the government denies the black groups the right
to speak their own languages. Information available to the Commission does not provide it a sufficient
basis to determine if there has been a violation of Article 17.