Human Rights, Children and Migration

El Salvador, CRC/C/SLV/CO/3-4

edurne — Fri, 16 Sep 2011 22:00:18 +0000

72. The Committee is concerned about the impact of migration on the enjoyment by children of their rights (about three million Salvadorans are believed to live outside the country because of economic migration) and is concerned in particular at the situation of migrant children – especially those unaccompanied and in an irregular or undocumented situation – who are particularly vulnerable to becoming victims of exploitation and abuse, notably sexual and economic exploitation, and have difficulties of reintegration when forcibly returned home from the country of destination.

73. The Committee recommends that the State party, taking into account the Committee’s general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin:

(a) Pay special attention to the situation of migrant children, particularly those unaccompanied and in irregular and/or undocumented situations;

(b) Intensify its efforts to prevent irregular migration, including by raising awareness about the risks involved, and promoting adequate conditions for the resettlement and reintegration of these children and their families upon their return;

(a) Pay special attention to the situation of migrant children, particularly those unaccompanied and in irregular and/or undocumented situations;

Mexico, CMW/C/MEX/CO/2

unla — Thu, 21 Jul 2011 20:34:47 +0000

50. The Committee reiterates its recommendation that the State party:
(a) Step up its efforts to combat migrant-smuggling and trafficking in persons, especially women and children;
55. The Committee welcomes the measures adopted by the State party to protect the rights of unaccompanied migrant children, such as its strategy of prevention and support for unaccompanied migrant and repatriated children and adolescents, the establishment of transit units and shelters, and the training given to staff of the network of shelters and to child protection officers. However, it notes with concern the increase in the number of unaccompanied migrant children who have been deported, and remains concerned at the extreme vulnerability of a great many of these children and at allegations that they have been subjected to ill-treatment, abuse, and labour and sexual exploitation.
56. The Committee encourages the State party to continue its efforts to pay adequate attention to the situation of unaccompanied migrant children and to respect the principle of the best interests of the child. In particular, the State party should:
(a) Strengthen the training given to State officials who work with or enter into contact with unaccompanied migrant children;
(b) Ensure that the detention of migrant children and adolescents is carried out in accordance with the law and used only as a last resort and for the shortest possible time;
(c) Strengthen the implementation of procedures that provide for the early identification of children and adolescents who have been the victims of crime;
(d) Ensure that unaccompanied migrant children who have been victims of crime receive adequate protection and specialized care that is geared to their particular needs in each case;
(e) Ensure that the repatriation and/or deportation of unaccompanied minors to their countries of origin takes place only in those cases in which it is in the best interests of the child and after ensuring the definite existence of secure conditions for their care and safekeeping when they return to their country of origin;
(f) Strengthen its cooperation with civil society and international organizations in this area;
(g) Apply a proper legal framework for the protection and guardianship of unaccompanied minors.

Singapore, CRC/C/SGP/CO/2-3

unla — Thu, 21 Jul 2011 20:31:37 +0000

44. The Committee is concerned that the application of the Employment of Foreign Manpower Act results in the separation of some children from their parents, in view of the fact that migrant workers holding work permits below the “S Pass” and “Employment Pass” categories are not allowed to marry Singapore citizens or permanent residents without prior approval of the Controller of Work Passes, and work permits can be cancelled on grounds of pregnancy, which may also lead to deportation.
45. The Committee urges the State party to review its immigration legislation and policies, particularly the Immigration Act and the Employment of Foreign Manpower Act, with a view to avoiding the separation of children from their parents, and to reconsider withdrawing its reservations to articles 9 and 10 of the Convention.

66. The Committee welcomes the criminalization in domestic legislation of the sale, trafficking and abduction of children and notes the efforts made by the State party in providing facilities and programmes for victims of trafficking and prostitution, inter alia, a hotline, counselling, translation and residential services. However, the Committee is concerned that despite the legal framework and the efforts made, the State party is a destination country for children subjected to trafficking in persons, but the relevant data indicated in the report of the State party report shows unusually low numbers of cases. Furthermore, the Committee is concerned that the State party does not investigate all trafficking cases that are reported, or punish perpetrators with appropriate penalties and that in some cases children victims of trafficking are treated as offenders and arrested for violation of immigration laws.
67. The Committee recommends that the State party:
(a) Ensure that all trafficking cases involving children, in particular for commercial sexual exploitation, are promptly and thoroughly investigated and that perpetrators are prosecuted and punished with appropriate penalties;
(b) Take all necessary legislative measures to prevent children who are victims of trafficking from being treated as offenders, in particular, ensuring that they are not detained, that they are provided with appropriate rehabilitative care, that they are reunited with their families, and that they are permitted to remain in the territory of the State party sufficiently long to be an active party in a judicial process against their traffickers;
(c) Conduct a study, with the involvement of civil society, on the nature and scope of the sale, trafficking and abduction of children in the State party;
(d) Raise public awareness about the extent to which trafficking is a problem within the State party’s territory and the detrimental effects of child trafficking on the victims;
(e) Strengthen and expand bilateral and multilateral agreements and cooperation programmes with countries of origin, transit and destination to prevent trafficking in children;
(f) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000); and
(g) Strengthen cooperation with, among others, the ILO/IPEC, International Organisation for Migration and non-governmental organisations.

New Zealand, CRC/C/NZL/CO/3-4

unla — Thu, 21 Jul 2011 20:27:50 +0000

51. The Committee notes the State party’s indication that work to ratify the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography is advancing and that remaining issues will be addressed through the child and family protection bill, which is currently before the House of Representatives. The Committee also notes the activities undertaken by the State party to combat commercial sexual exploitation and abuse. However, the Committee is concerned about the exploitation of migrant girls in prostitution, and about the lack of data on child victims of sexual exploitation.

52. The Committee encourages the State party to adopt the Child and Family Protection Bill without delay in order to eliminate any obstacles to the ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography. The Committee recommends that the State party take adequate measures to combat the exploitation of migrant girls in prostitution and that it intensify its efforts to collect data on the extent of sexual exploitation and abuse of children, which is essential for the preparation of adequate responses to combat these phenomena.

Denmark, CRC/C/DNK/CO/4

unla — Thu, 21 Jul 2011 20:25:13 +0000

69. The Committee urges the State party to extend the applicability of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, to Greenland and the Faroe Islands. The Committee also recommends that the State party consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) and the Optional Protocol to the Convention on the Rights of Persons with Disabilities (2006).

Afghanistan, CRC/C/AFG/CO/1

unla — Tue, 19 Jul 2011 19:33:27 +0000

72. The Committee expresses concern that children are trafficked by criminal groups mainly within the country and into neighbouring countries for forced prostitution, begging and labour in brick kilns, carpet-making factories, the drug smuggling industry and domestic service. The Committee is also deeply concerned that some families knowingly sell their children into forced prostitution, including for bacha baazi. The Committee notes with concern that little has been done to implement the provisions of the 2008 Law on Counter Abduction and Human Trafficking and the 2004 National Plan of Action on Combating Child Trafficking, and that human trafficking convictions remain rare while victims of trafficking are punished for acts they may have committed as a direct result of being trafficked, and jailed pending resolution of their legal cases, despite their recognized victim status.
73. The Committee urges the State party to adopt concrete measures for the full implementation of the anti-trafficking law and plan of action, and in particular ensure that perpetrators are effectively prosecuted and punished if found guilty. The Committee also calls on the State party to ensure that child victims of trafficking are no longer punished and jailed for unlawful acts committed as a direct result of being trafficked, but receive protection and rehabilitation services, and that public awareness campaigns to warn at-risk populations of the dangers of trafficking are conducted. The Committee further encourages the State party to consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (known as the Trafficking Protocol).

Slovenia, CAT/C/SVN/CO/3

unla — Tue, 19 Jul 2011 19:31:43 +0000

16. The Committee welcomes the amendments of the Penal Code introducing human trafficking as a crime and increasing the punishment for such acts as well as the policies aiming at raising awareness, protecting victims and prosecuting perpetrators. However, the Committee remains concerned that trafficking of women for prostitution continues to be a problem in Slovenia and that measures to protect and assist victims are project based and not institutionalised and regrets the lack of information on the number of cases where the victims received redress, including compensation. (arts. 2, 4 and 16).
The State party should strengthen its efforts to combat trafficking in persons, especially in women and children, in particular by:
a) Continuing its efforts to raise awareness for all law enforcement personnel, judges and prosecutors on trafficking in persons;
b) Prosecuting perpetrators under the relevant provision of the Penal code and ensuring that all victims of trafficking obtain effective redress, including compensation and rehabilitation; and
c) Improving the identification of victims of trafficking and providing them appropriate rehabilitation programmes, genuine access to health care and counseling and institutionalizing such services.

Sri Lanka, CEDAW/C/LKA/CO/7

unla — Tue, 19 Jul 2011 19:11:17 +0000

26. The Committee commends the efforts undertaken by the State party to combat trafficking, including the introduction of a new definition of the offence of trafficking in persons in the Penal Code, the organization of awareness-raising activities and the establishment of an Anti-Human Trafficking Task Force. The Committee further commends that a bill on witness protection is being elaborated. The Committee is, however, concerned at the low number of convictions and punishment of those convicted of trafficking and at the lack of protective measures and safe homes for victims of trafficking. It is also concerned that the State party has not ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

27. The Committee urges the State party to:
(a) Strengthen its measures to combat all forms of trafficking in women and children, including through increased international, regional and bilateral cooperation with countries of origin and transit, in line with article 6 of the Convention.;
(b) Ensure the prosecution and punishment of individuals involved in trafficking and the protection and recovery of victims of trafficking;
(c) Ensure that information and training on anti-trafficking legislation be provided to the judiciary, law enforcement officers, border guards, social workers and service providers in all parts of the country;
(d) Take into account the Recommended Principles on Human Rights and Human Trafficking of the United Nations Office of the High Commissioner for Human Rights (E/2002/68/Add.1) in the design of policies to combat trafficking in human beings, especially women and girls; and
(e) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol).

Liechtenstein, CEDAW/C/LIE/CO/4

unla — Tue, 19 Jul 2011 19:09:32 +0000

26. The Committee notes that the State party’s efforts to prevent and combat trafficking in women and girls, especially for purposes of sexual exploitation and forced labour, have so far focused on night club dancers, without taking into account the specific vulnerability of asylum-seeking women and girls. It is concerned about reports that in some cases, asylum seekers, including women, are pressured by the authorities to leave the State party, thereby increasing their risk of becoming victims of trafficking.

27. The Committee recommends that the State party:
(a) Ensure that women and girls who have been trafficked or fear being trafficked upon return to their country of origin and whose claims to international protection fall within the refugee definition of the 1951 Convention relating to the Status of Refugees are recognized as refugees and granted asylum;
(b) Establish mechanisms for the identification of victims of trafficking as well as referral mechanisms to ensure that asylum claims are assessed in an age and gender sensitive procedure in order to respond to the specific protection needs of women and girls who are victims of trafficking and guarantee protection against refoulement;
(c) Raise awareness among asylum seekers and train police and immigration officers on the increased risk of asylum seekers of becoming victims of trafficking;
(d) Ensure that temporary residence permits, protection and support are provided to all victims of trafficking; and
(e) Expedite its efforts to ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

Israel, CEDAW/C/ISR/CO/5

unla — Tue, 19 Jul 2011 19:07:44 +0000

5. The Committee also notes with satisfaction that, in the period since the consideration of the previous report, the State party has ratified or acceded to the following international instruments:
(b) The United Nations Convention against Transnational Organized Crime, in 2006, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the Convention, in 2008.

30. The Committee underlines the State party’s continuous efforts to address the issue of trafficking in women and girls, including the enactment of the Anti-Trafficking Law, which has broadened the definition of trafficking, as well as the adoption of the two National Plans to combat trafficking in persons for purposes of prostitution, and trafficking in persons for purposes of slavery and forced labour. While noting the extensive information provided in the fifth report and the State party’s replies to the list of issues, including that there has been a sharp decline in the number of women trafficked to Israel for purposes of prostitution, the Committee remains concerned at the prevalence of trafficking in the State party as a destination country, as well as reports of internal trafficking. In addition, it is concerned at the limited information provided on the existence and implementation of regional and bilateral memorandums of understanding and/or agreements with other countries on trafficking. Furthermore, the Committee is concerned that female asylum seekers and migrants entering Israel through the Sinai desert are at high risk of becoming victims of trafficking.