72.Even though the Respondent State has outlawed the practice of forced begging
under Article 3 of Law No. 2005-06, the talibés are still being forced to beg and bring
back to the daaras a daily quota the failure of which incurs punishment. The State
has not taken any measures against these schools. The talibés are required to bring
a daily quota, in order to fulfill their quota they have to beg on the street where they
will be exposed to exploitation. The forced begging has compromised their right to
life and development as they are often injured from traffic accidents. Moreover, this
cultural practice by the marabouts causes the violation of other provisions of the
Charter. The talibés are not enjoying their legal right to play, leisure and cultural
activities which can advance their mental and psychological developments. This
activity of begging is deep rooted in the Qur’anic schools and the Committee is of
the view that it is a harmful practice.
73.The government of Senegal has failed to take measures against the marabouts, to
monitor the situation of children in the Qur’anic schools, and to ensure that the
talibés are getting the necessary education to which they are entitled. Even though
the marabouts are non-state actors, the State of Senegal is responsible for the
violation caused by such actors due to its obligation to protect the rights of children.
The Committee thus finds a violation of Article 21(1) of the African Children’s
Charter by the Respondent State.
H. Alleged violation of Article
children in the form of begging)
29
(sale,
trafficking
and
abduction,
and
using
74. Citing Article 29 of the African Children’s Charter, the complainants argued that the
State Party has violated the Charter which expressly forbids forced begging and
States Parties to take appropriate measures to prevent the abduction, the sale of, or
traffic of children for any purpose or in any form, by any person including parents or
legal guardians of the child; and the use of children in all forms of begging. The
complainants also made reference to the ILO Conventions which make it clear that
states are responsible for the prevention of child labour through effective
enforcement. Further, they expressly state that work akin to slavery (which includes
trafficking of children and compulsory labour) and work that harms the health, safety
or morals of children comprises the worst forms of child labour.°°
75. Considering the alleged fact, the Committee finds it important to expound on what
amounts to child sale, trafficking and abduction. The Committee notes that children
are one of the most vulnerable groups targeted for the trafficking in human
beings. Children are trafficked as they can be easily recruited and quickly replaced.
The exploitation of children violates the human rights of children to have a safe childood in their family setting, to receive education, to have time to play and to be protec
ted from exploitation. Child trafficking involves the recruitment of victims, their
transportation,
transfer
and
harbouring of children for
the
purpose
of
exploitation. Coercion, violence or threats are not necessary elements in cases of
5° para 58 & 59 of the Compliants’ Communication.
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