only 10 cases were brought to court resulting in
Complaints submit that the highest actual
convictions under the foregoing laws was
according to them, represents a decrease in the
marabouts as compared to past years.
5.
nine convictions of marabouts. The
duration of imprisonment for all
one month imprisonment; which,
severity of penalties imposed on the
The Complainants also allege that the Respondent State’s Constitution (2001)°
allows only specific individuals under specific mandates to bring cases and only to
challenge the constitutionality of certain provisions of any law. And, as such, there is
no actio popularis in the Respondent State’s legal system. Cases for vindication of
human rights violations may only be brought to court by individuals who have been
directly affected by a violation and any decision will provide remedy only for those
litigants, or for those who are directly connected to the case or have ‘un interest et
qualite pour agir’.
6.
According to the Complainants, where a non-state agency wants to represent
victims of violations of human rights, like the talibés in this matter, the consent of
parents must first be obtained. The only other avenue to bring such a claim to court
is to petition the Chief Prosecutor, whose decision is made discretionary and in
consultation with the Minister responsible for justice.
7.
In addition, the Complainants allege that the Respondent State has not provided
minimum standards to regulate non-state schools and that it does not conduct
inspections of the daaras to check if there are violations of the rights of the talibés
attending schooling and living therein.
8.
The Complainant allege further that the conditions in many daaras are deplorable;
usually housed in unsafe and unhygienic structures where children sleep in overcrowded
rooms
or outside,
with
little or no
access
to clean
water
or sanitation.
Talibés living in daaras
rarely obtain
enough
food
resulting
in chronic
malnourishment and frequently contract diseases where the marabouts do not
provide the talibés with medical care or assistance. In some instances, according to
the Complainants, the talibés are injured by speeding motor vehicles in the course of
begging on the streets
9.
The Complainants also allege that the talibés are required to bring a daily quota (in
the form of rice, sugar or money) that they collected from begging in the streets to
the daaras, failure to attain which results in beatings and punishments to defaulting
talibés. On average, talibés spend between six and eight hours begging, which
leaves them with less than five hours to spend on Quranic education per day. As
result of their concentration on attaining their daily quotas, many talibés do not learn
the Qur'an as it is contemplated.
10.Furthermore, the Complainants allege that the talibés are normally separated from
living with their parents and are deprived of any contact with their families. The
° Articles 77 and 92 of the Constitution of Senegal (2001).
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