31. With regards to freedom from abuse and torture, the Complainants submit that the Respondent State failed to protect children accused of witchcraft from violence caused by third party. Similarly, they argue that this failure of due diligence to protect or prosecute perpetrators amounts to violation of Article 16 of the Charter on freedom from torture. 32. Concerning alleged violation of Article 3 and 13 of the Charter, the Complainants submit that that children accused of witchcraft are subjected to discrimination manifested through abuse, abandonment, exclusion from education, and exposure to violence. They further submit that disability constitutes one of the grounds upon which children are accused of witchcraft. 33. The Complainants also argue that children accused of witchcraft are subject to hazardous labour and exploitation which hinders their access to education, and that the stigma associated with such accusations further prevents their integration into formal education systems. 34. On the basis of the foregoing, the Complainants request the Committee pronounce the Respondent State in Violation of Article 3, 13, 15, 11 & 16 of the African Chinden’s Charter, and order the Respondent State to undertake effective investigation and prosecution of perpetrators, enact laws criminalising witchcraft accusation, enhance institutional capacity and awareness raising to curb witchcraft accusation and witch-hunting practices, and provide support to children affected by witchcraft accusation. The Respondent State’s Submission on the Merit 35. The Respondent State argues that it has fulfilled its legal obligations under the African Children's Charter and has effectively addressed the issue of children accused of witchcraft through various measures, primarily in Akwa Ibom State. It contends that the Complainants' claims are exaggerated, lack evidence, and that the domestic actions taken have already provided the remedies sought. 36. The Respondent State submits that following the incidents reported in 2010, Akwa Ibom State government immediately established a Commission of Inquiry to investigate the allegations. The Respondent State argues that the Commission found no evidence to support the claim that children were being killed and buried alive; but made recommendations for prosecution of perpetrators of abuse and stigmatization. Following the Commission’s recommendation, eight individuals were named as perpetrators, however, they have not been traced and apprehended yet as they absconded. The Commission also recommended for the registration of faith-based organizations in the State of Akwa Ibom and moving children from some shelters to Government owned shelters. 37. In response to the recommendations, the Respondent State submits that it has taken measures including the establishment of Family Court, translation of the Child Rights Act to local language, establishment of sexual and gender-based violence response department within the Ministry of Justice of Akwa Ibom. The Respondent State further argues it has undertaken legislative measures such as through its Constitution, Child Rights Act, the Violence Against Persons Act, and 10

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