leave home, and because most do not know anyone in Senegal,
entirely reliant on marabout for food, health care and shelter.
80. These
they
become
acts, according to the Committee violate the children’s rights to be protected
from sale, trafficking and abduction. The Respondent State has not contested this
allegation of the Complainants. The Committee has observed that the Respondent
State has taken legislative measures against begging and trafficking. However, the
Committee is of the view that legislative measures alone cannot sufficiently protect
the rights of children; and the State Party should also take administrative and other
appropriate measures to ensure that children are not subjected to begging or
trafficking as stipulated under Article 1 of the Charter. Reaffirming this position in
Zimbabwe Human Rights NGO Forum v Zimbabwe,” the ACHPR states that ‘an act
by a private individual or (non-state actor) and therefore not directly imputable to a
state, can generate responsibility of the State, not because of the act itself, but
because of the lack of due diligence on the part of the state to prevent the violation
or for not taking the necessary steps to provide the victims with reparation.**
81.The
Committee,
therefore,
has found the Respondent State in violation of Article 29
of the African Children’s’ Charter which with no exception prohibits forced begging
and requires States Parties to take appropriate measures to prevent the abduction,
the sale of, or trafficking of children.
Decision of the African Committee
82.Because of the foregoing reasons, the Committee finds multiple violations of the
African Children’s Charter as follows: Article 4 (best interest of the child); Article 5
(survival and development); Article 11 (the right to education); Article 14 (health and
health services); Article 15 (child labour); Article 29 (sale, trafficking and abduction);
Article 16 (protection against child abuse and torture); and Article 21 (protection
against
harmful
social
and
cultural
practices).
Therefore,
the Committee
recommends that the Respondent State should, in accordance with its obligations
under the African Children’s Charter, undertake the necessary measures:
(a) To ensure that all talibés are immediately taken back from the streets to their
families;
(b) Through cooperation with the neighboring countries (from where some of the
children are coming), international and national organisations, facilitate the
reunion of the talibés with their families;
(c) To establish functioning and effective institutions and mechanisms to provide
the talibés with short- and long-term, appropriate psychological, medical and
social assistance in order to promote their full recovery;
(d) To establish minimum norms and standards for all daaras relating to health,
safety, hygiene, education content and quality, and accommodation;
52 Communication 245/2002 [(2006) AHRLR 128 (ACHPR 2006)].
53 Communication 279/03, Sudan Human
The Sudan, May 2009, para 148.
Rights v The Sudan and 296/05
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