tens of thousands of talibés in Senegal. Though the Respondent State has ratified
international laws and prohibits the act of child begging under its national law, it has
failed to take any effective administrative measures against the marabouts and to
protect the talibés from exploitation. Therefore, the Government of Senegal has violated
Article 15 (2) of the African Children’s Charter which requires the State Party to take
appropriate administrative measures to ensure the full protection of children from child
labor having regard to the relevant provisions of the ILO’s instruments.
F. Alleged violation of Article 16 (protection against child abuse and torture)
62.In this communication the Complainants submit that the fact that the talibés are
regularly subjected to beatings and fear in cases where they do not reach the
minimum daily begging quota, leads to high levels of stress and anxiety which
amounts to violation of their right to be protected from abuse and torture under Art
16 of the African Children’s Charter.
63. Considering the complaint, the Committee notes that as prescribed under the African
Children’s Charter, protecting children from abuse and torture requires States to
adopt legislative, administrative, social and educational measures through effective
establishment of special monitoring units to provide necessary support for the child
and for those who have the care of the child, as well as other forms of prevention
and identification, reporting referral investigation, treatment, and follow-up of
instances of child abuse and neglect.
64. Taking into
alleged by
committed
Committee
Sudan the
treatment.*°
consideration the elements of the provision of the law and the acts as
the Complainants, the Committee discusses whether the beatings
by marabouts amounts to child abuse and torture. In this regard the
refers to the jurisprudences of the ACHPR. In Curtis Francis Doebbler v
African Commission found the act of lashing as it constitutes a cruel
Moreover,
in
International
Pen
and
Others
v Nigeria,
the
ACHPR
defines inhumane and degrading treatment to include ‘not only actions which cause
serious physical or psychological suffering, but which humiliate the individual or
force him or her to act against his will or conscience’.*"
65.In the case at hand, the Committee
notes that the beating of the talibés qualifies as
a physical punishment since physical force is used and intended to cause some
degree of pain or discomfort for not bringing the required quota. There are also
reported cases where falibés typically described being taken to a room, stripped of
their shirt,
and
beaten
with
an
electric cable
or a club.*?
In some
instances
the
beatings and physical abuse may rise to the level of torture under the Convention
against Torture. According to the Convention ‘torture means any act by which severe
4 African Commission
(2003); see para. 42.
on
Human
and
Peoples’
Rights,
Curtis Francis
Doebbler v. Sudan,
Comm.
No.
236/2000
International Pen and Others (on behalf of Saro-Wiwa) v Nigeria (2000) AHRLR 212 (ACHPR 1998)
4? Off the backs of children: forced begging and other abuses against talibés in snegal, Human Rights Watch report
2010.
17