All peoples shall have the right to national and international peace and security.
140.
As advanced by the Mauritanian government, the conflict through which the
country passed is the result of the actions of certain groups, for which it is not
responsible. But in the case in question, it was indeed the Mauritanian public
forces that attacked Mauritanian villages. And even if they were rebel forces, the
responsibility for protection is incumbent on the Mauritanian State, which is a party
to the Charter (cf. Commission’s decision in communication 74/92).
The
unprovoked attacks on villages constitute a denial of the right to live in peace and
security.
141.
Article 19 provides that:
All peoples shall be equal; they shall enjoy the same respect and shall have the
same rights. Nothing shall justify the domination of a people by another…
142.
At the heart of the abuses alleged in the different communications is the question of
the domination of one section of the population by another. The resultant
discrimination against Black Mauritanians is, according to the complainants (cf.
Especially communication 54/91) the result of a negation of the fundamental
principle of the equality of peoples as stipulated in the African Charter and
constitutes a violation of its article 19. The Commission must however admit that
the information made available to it do not allow it to establish with certainty that
there has been a violation of article 19 of the Charter along the lines alleged here. It
has nevertheless identified and condemned the existence of discriminatory practices
against certain sectors of the Mauritanian population (cf. especially paragraph 164).
FOR THESE REASONS, THE COMMISSION:
Declares that, during the period 1989 – 1992, there were grave or massive violations of
human rights as proclaimed in the African Charter; and in particular of articles 2, 4, 5
(constituting cruel, inhuman and degrading treatments), 6, 7.1(a),(b),(c) and (d), 9.2, 10.1,
11, 12.1, 14, 16.1, 18.1, and 26
Recommends to the government:
-
To arrange for the commencement of an independent enquiry in order to clarify the
fate of persons considered as disappeared, identify and bring to book the authors of
the violations perpetrated at the time of the facts arraigned.
-
To take diligent measures to replace the national identity documents of those
Mauritanian citizens, which were taken from them at the time of their expulsion
and ensure their return without delay to Mauritania as well as the restitution of the
belongings looted from them at the time of the said expulsion; and to take the
necessary steps for the reparation of the deprivations of the victims of the abovecited events.
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