certificate’ signed by the chief of the village to that effect. After her ‘liberation’,
Hadijatou Mani refused to marry her former master, who continued to harass her. When
she went to the authorities for protection, she was arrested and detained for two months
for bigamy because subsequent to her ‘liberation’, she had married another person of
choice.114
On the definition of slavery, despite the facts of the case indicating the classic form of
slavery involving sale, purchase, transfer and ‘liberation’ of a person, the Court affirmed
that slavery may exist simply where powers of ownership are exercised through a certain
level of control by one individual over another, sufficient to indicate the latter’s
enslavement. By showing that “Mani had no freedom of movement; her master completely
controlled how she lived; she was psychologically and physically abused by him: he
demeaned her with his sexual and other abuse and insults, reminding her she was no more
than a slave; her attempts to escape were met with punishment; she was forcefully beaten;
she was raped throughout her time as a slave, including when she was a child; and that this
treatment continued over a period of 10 years and attempts at control continued after her
‘liberation’ and departure; it was proved that a clearer case of slavery would be difficult to
envisage”.115
The Court found the State of Niger legally responsible for its failure to protect Hadijatou
Mani from slavery. It reiterated that Niger had failed through its judicial and administrative
authorities to protect her human rights. The Court ruled that judicial failure to initiate a
criminal proceeding on its own motion when the case was being adjudicated amounted to
acceptance or at least tolerance of the practice of slavery. The Court noted that a State’s
responsibility under international as well as national law for any form of human rights
violation founded on slavery results from its tolerance, passivity, inaction and abstention in
relation to the practice.116
The Court’s emphasis on the definition of slavery to exercising control and power by one
individual over another is significant for women.
Slavery in traditional societies,
as is the case today, is a highly gendered form of domination; the great majority of
persons ever enslaved were women. 117 While the enslavement traditionally was for the
purpose of having slave labour for economic activity, even if women were not needed for
economic activities, they were always usable as reproducers of slave labour. 118 Slavery as
practiced in modern days does not necessarily involve sale, purchase or transfers of
persons. Women, still considered property in some places, may be sold into marriage. Men
or women may be coerced into working in brothels, sweatshops, construction sites and
fields. As illegal migrant workers, they may be subjected to sexual violence, horrific living
conditions, threats against their families and dangerous workplaces. 119 In such situations,
there is indeed exercise of subtle or overt control or power by one individual over another
meeting all elements of slavery. However, despite pronouncing a landmark ruling on
slavery, it is unfortunate that the ECOWAS Court did not hold the State of Niger responsible
for discrimination on the basis of sex. The responsibility for discrimination was attributed
to the individual ‘master’ instead.120
114
Duffy, Helen ‘Hadijatou Mani Koroua v Niger: Slavery Unveiled by the ECOWAS Court, Human Rights Law
Review(2008), Oxford University Press, 2008, p. 2.
115
Ibid., p. 10.
116
Mme Hadijatou Mani Koraou v The Republic of Niger, 27 October 2008, ECW/CCJ/JUD/06/08 ��¶ 83, 84 & 86.
117
Robertson, Claire C. and Klein, Martin ‘Introduction’ (Eds.), Women and Slavery in Africa, Heineman,
Portmouth, NH, 1997.
118
Patterson, O, “Trafficking, Gender and Slavery – Past and Present, Forthcoming in Jean Allain, ed., The Legal
Understanding of Slavery: From the Historical to the Contemporary (Oxford: Oxford University Press, Sept. 2012)
available at:
http://scholar.harvard.edu/patterson/files/trafficking_gender_slavery_12_20_11_cambria__autosaved_.pdf.
119
Gender Equality, Trafficking in Human Misery available at: http://www.unfpa.org/gender/violence1.htm.
120
Duffy, Helen ‘Hadijatou Mani Koroua v Niger: Slavery Unveiled by the ECOWAS Court, Human Rights Law
Review(2008), Oxford University Press, 2008, at pps. 13 & 14.
34
REGIONAL MECHANISMS | REDRESS
Select target paragraph3
Add to table of contents