France - CNDA, 23 September 2011, Mr. D., n°11007337

Country of Decision:
Country of Applicant:
Date of Decision:
23-09-2011
Citation:
Cour nationale du droit d’asile, 23 septembre 2011, M.D., n°11007337
Court Name:
National Asylum Court/Cour nationale du droit d’asile (CNDA)
National / Other Legislative Provisions:
France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law)
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Headnote: 

An applicant who demonstrated his will to put an end to his situation of servitude in Mauritania was considered as having a behavior which infringes on the customs of this country. He must be considered as a member of a social group whose members are, due to common characteristics which define then in the eyes of the Mauritanian society, likely to face persecution against which authorities are not able to protect them.

Facts: 

The applicant, of Mauritanian nationality and of Soninke origin, was, like his parents, in a situation of servitude for a master of the same ethnic origin. When he became aware of his situation of slavery, thanks to friends who were sensitive to this concern, he tried without any success to lodge a complaint against his master. His master managed to take hold of him and confined him to the house. Finally, he managed to escape when his master was at hospital. After this his master began legal proceedings against him in Mauritania on false grounds.

The French Office for the Protection of Refugees and Stateless Persons (Ofpra) rejected his asylum application. He challenged this decision before the National Asylum Court (Cour nationale du droit d’asile, CNDA).

Decision & Reasoning: 

The CNDA recalled the provisions of Article 1A(2) of the 1951 Refugee Convention and of Article 10.1(d) of the Qualification Directive.

The CNDA explained that despite the abolition of slavery in Mauritania in 1981 and the passing of a law which criminalised this practice in 2007, it was evident from up-to-date, relevant and publicly available information that situations of slavery endured in this country and that perpetrators were rarely punished, since courts were often reluctant to deal with complaints of victims.

In the present case, the CNDA considered that the behavior of the applicant, who demonstrated his will to put an end to his situation of servitude, was considered by a section of Mauritanian society as an infringement of the customs of his country.

The CNDA found that the applicant should be considered as a member of a social group whose members are, due to common characteristics which define then in the eyes of the Mauritanian society, likely to face persecution against which authorities are not able to protect them.

The CNDA concluded that the applicant had a well-founded fear of being persecuted in case of return to his country.

Outcome: 

The applicant was granted refugee status.

Observations/Comments: 

Although the Court explicitly cites Article 10.1(d) of the Qualification Directive in this decision, the CNDA uses its “traditional” definition of the social group, which includes persecution and the notion of infringement of customs. See comments on this persecution ground in French case law under CNDA, 23 décembre 2010, Mlle D., n°09011388