supervision of the daaras and bringing to justice the marabouts who force talibés into
begging. The State Party has the obligation to protect the rights enshrined in the
Charter, which
requires measures
by the State to ensure that third parties (individuals,
institutions, etc.) do not deprive of children’s rights. In this regard the Committee refers
to the jurisprudence as established by the African commission on Humans and Peoples’
Rights. In Mouvement Burkinabe des Droits de I'Homme et des Peuples v Burkina Faso,
the African Commission on Human and Peoples Rights (henceforth, “the Commission”)
has set the jurisprudence to the effect that a State Party is responsible for violation of
human rights committed by non-state actors as its obligation to ensure the respect for
human rights demands it to take all the necessary measures to ensure that non-state
actors also respect the rights of children.”* The Commission has also stipulated that
failure to prevent violation against children’s rights by non-state actors makes the State
internationally responsible.”° An obligation of this type is called an obligation to protect
the human rights standard, or, in short, the ‘obligation to protect’. Building on the
Commission's jurisprudence, the Committee states that the individual responsibility of
non-State actors to respect the rights of children does not relieve the concerned State of
its obligations under human rights law to respect, protect and fulfill human rights.
38.In the case at hand, despite the obligation set under the principle of the best Interests of
the child, the Committee notes that the Government of Senegal has failed to enforce
current national, regional, and international laws and agreements already in place by
taking measures, including prosecuting, against perpetrators and abusive religious
leaders; and hence the Respondent State has failed its responsibility to protect.
39.Therefore,
the
Respondent
State
is responsible
under Article 4 of the Charter for not
taking necessary administrative and other measures against the daaras, marabouts as
well as parents who send their children to the daaras.
B. Alleged violation of Article 5 (survival and development)
40. The Complainants in this communication allege that the Respondent State has violated
the right to survival and development of the talibés as enshrined in the Charter by not
taking any action against the forced begging. The Complainants further state that the
forced begging of the talibés causes the disregard of their rights to health care,
education,
clean
and
safe
environment,
and
clean
water,
which
in
effect
are
fundamental components of the right to survival and development. Furthermore, the
fixed quota imposed on talibés for begging subjects them to an extensive,
institutionalized child labour.
41. Considering
the allegation made by the Complainants, the Committee carefully
analysed the situation of the children in light of the elements of the right to survival and
development. Article 5 (1) of the African Children’s Charter provides that every child has
24 Mouvement Burkinabe des Droits de I'Homme et des Peuples v Burkina Faso para 42. See also Commission
Nationale des Droits de I'Homme et des Libertes v Chad (2000) AHRLR
66 (ACHPR
2° Zimbabwe Human Rights NGO Forum v Zimbabwe Communication 245/2002.
11
1995).