Wakilii

S.O.S. Esclaves v Mauritania (Communication 198 of 1997)

African Commission on Human and Peoples' Rights · S.O.S. Esclaves v Mauritania (Communication 198 of 1997) [1999] ACHPR 3 (5 May 1999) · 1999 Communication Inadmissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging human rights violations
Decision
Communication declared inadmissible; complainant may re-submit after exhausting internal remedies

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The African Commission declared the communication inadmissible for non-exhaustion of internal remedies. The complainant alleged slavery practices in Mauritania but failed to provide information on the status of domestic proceedings initiated by the supposed victims. The Commission could not determine whether internal remedies had been exhausted or whether they had allowed victims to have their rights restored. The complainant may re-seize the Commission once the conditions of article 56(5) have been fulfilled.

Outcome

Communication declared inadmissible; complainant may re-submit after exhausting internal remedies

Facts

SOS-Esclaves, an NGO, alleged that slavery remained a common practice in Mauritania despite legal prohibition. The complainant provided a March 1996 report citing specific examples: ten adults sold and bought as slaves, children from four families enslaved by their parents' masters, four children sold as slaves, two women married to their masters against their will, and six individuals and their families dispossessed of ancestral property. The complainant alleged the Mauritanian government was informed of these practices and occasionally supported the perpetrators. SOS-Esclaves requested government investigations but received no response. The complainant indicated that internal procedures had been initiated by supposed victims but provided no information on the status of those proceedings.

Issues

  1. Whether the communication is admissible where the complainant has not demonstrated exhaustion of internal remedies.
  2. Whether the Commission can proceed where the status of domestic proceedings remains unclear.

Orders

  • Communication declared inadmissible due to non-exhaustion of internal remedies.
  • Complainant retains the opportunity to seize the Commission again once the conditions of article 56(5) have been fulfilled.

Rules and key headnotes

Human Rights — Admissibility — Exhaustion of Internal Remedies
A communication to the African Commission on Human and Peoples' Rights is inadmissible where the complainant fails to demonstrate that internal remedies have been exhausted, particularly where the complainant indicates that domestic proceedings have been initiated but provides no information on their status or outcome.
Administrative Law — International Human Rights Bodies — Burden of Proof on Admissibility
Where a complainant alleges that internal procedures have been initiated but remains silent when requested to supply additional information on the status of those procedures, the Commission may infer that internal remedies have not been exhausted and declare the communication inadmissible.

Legislation cited (10)

  • African Charter on Human and Peoples' Rights art.2
  • African Charter on Human and Peoples' Rights art.3
  • African Charter on Human and Peoples' Rights art.4
  • African Charter on Human and Peoples' Rights art.5
  • African Charter on Human and Peoples' Rights art.6
  • African Charter on Human and Peoples' Rights art.7
  • African Charter on Human and Peoples' Rights art.9
  • African Charter on Human and Peoples' Rights art.11
  • African Charter on Human and Peoples' Rights art.15
  • African Charter on Human and Peoples' Rights art.56(5)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

S.O.S. Esclaves v Mauritania (Communication 198 of 1997) [1999] ACHPR 3 (5 May 1999)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.