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. 20

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