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 article 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 these evidences 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 violation of article 17.
139.
Article 23 of the Charter states that:
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