talibés are also physically assaulted
leave the daaras.
and
harshly
punished
when
they attempt to
The Complaints
11.The Complainants allege that, as a result of the foregoing situation and due to the
failure by the Respondent State to protect the talibés, there are continuous violations
of numerous rights and freedoms of such children, to which they are entitled under
the Charter. It is the Complainants’ allegation that the Respondent State has
violated,
child);
and
Article
continues
5 (the
to violate,
the provisions
right to survival
and
of Article 4 (best interests of the
development);
Article
11
(the
right to
education); Article 12 (the right to leisure, recreation and cultural activities); Article
14 (the right to health and health services); Article 15 (prohibition of child labour);
Article 16 (protection against child abuse and torture); Article 21 (protection against
harmful social and cultural practices); and Article 29 (prohibition of sale, trafficking
and abduction of children) of the Charter.
Admissibility
Complainants’ submission on admissibility
12.The
Complainants
have
indicated that they have
submitted the present
Communication on behalf of the talibes in the Respondent State, whose rights under
the Charter have
been
violated
form
of the
by the Respondent
State. And,
as such,
they have
the competence to do so under Chapter 2 Article 1(I)(2) of the Committee's
Communication Guidelines. The Complainants are of the view that they can submit
the Communication even if the consent of the victims was not obtained since they
are acting in the ‘overall best interest of the child’. The Complainants further argue
that the consent of the victims is not a requirement when there is evidence of
serious, massive and systematic violations of the rights of talibes as it was indicated
in Commission's decision in Amnesty International v Sudan’.
13.Concerning
the
Communication,
the
Complainant
submit
that the
present communication satisfies the requirement as to form as set out in Chapter 2
Article
1(II)(1) of the Communication
Guidelines,
which
requires
that a
communication should not be anonymous; should be written; and should concern a
State signatory to the Charter.
14.In
relation to the content of the Communication,
the Complainants
submit
that the
communication has satisfied the requirements as to content as per Chapter 2 Article
1(II1)(1)(a)(b)&(c) of the Communication Guidelines since the communication
concerns violations of the provisions of the African Children’s Charter; it is not solely
° Amnesty International, Comite Loosli Bachelard, Lawyers’ Committee for Human Rights, Association of
Members of the Episcopal Conference of East Africa v Sudan ACHPR 1999.
4