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UNICEF Committee on the Rights of the Child: Child Trafficking Country Review

Focus on references to child trafficking in the Committee on the Rights of the Child.

UNICEF
CHILD TRAFFICKING NEWS #33

SPECIAL EDITION:
COMMITTEE ON THE RIGHTS OF THE CHILD
CONCLUDING OBSERVATIONS

 Concluding Observations during the 42nd  Session (15 May - 2 June 2006) the Committee considered the following State reports:
- Convention on the Rights of the Child:
Colombia, Latvia, Lebanon, Marshall islands, Mexico, Turkmenistan, Tanzania, Uzbekistan

- Optional protocol to the convention on the rights of the child on the sale of children, child prostitution and child pornography: Iceland, Italy, Qatar, Turkey

(State reports, lists of issues, written replies, delegation lists and statements are available at:
http://www.ohchr.org/english/bodies/crc/crcs42.htm
The 43rd Session  will be on 11-29 September 2006.

Concluding Observations
Convention on the Rights of the Child
(reference to trafficking)

Colombia
The Committee welcomes the measures taken by the State party to combat the problem of sexual exploitation and trafficking of children, including the reinforcement of the Penal Code by Law No. 679 of 2001 criminalising sexual exploitation, sex tourism with minors, child pornography, with specific provisions regarding internet providers, and Law No. 747 of 2002 banning trafficking of minors. However, the Committee is concerned over the high and rising number of children who are victims of sexual exploitation and trafficking, and over information indicating that they risk being criminalised. It further notes with concern the increased risk of sexual exploitation  and trafficking faced by children of vulnerable groups, such as the internally displaced and children living in poverty. Furthermore, unequal law enforcement and lack of effective implementation of anti-trafficking measures in the State party give cause for serious concern. The Committee recommends that the State party provide adequate programs of assistance and reintegration for sexually exploited and/or trafficked children and in particular ensure that they are not criminalised.
http://www.ohchr.org/english/bodies/crc/docs/co/CRC.C.COL.CO.3.pdf

Latvia
While the Committee recognizes the existence of legislative measures to address sexual exploitation and trafficking of children, including the national programme on the Prevention of Trafficking in Human Beings 2004-2008, and training of law enforcement personnel, the Committee is concerned that a general lack of awareness and economic hardship faced by many young people in Latvia increases their vulnerability.
http://www.ohchr.org/english/bodies/crc/docs/co/CRC.C.LVA.CO.2.pdf

Lebanon
While acknowledging the establishment of a sub-commission on sexual exploitation, the Committee is deeply concerned about sexual exploitation of children in the State party, in particular the increase of the number of children trafficked to the State party for purposes of prostitution. The Committee regrets the inadequate legal framework for the prevention and criminalization of sexual exploitation and trafficking of children, and that victims are criminalized and sentenced to detention. In addition, concern is expressed about existing risk factors contributing to trafficking activities, such as poverty, early marriages and sexual abuse.
http://www.ohchr.org/english/bodies/crc/docs/co/CRC.C.LEB.CO.3.pdf

Marshall Islands
Consideration of the report of the Marshall Islands was postponed.

Mexico
The Committee is concerned about the lack of updated and disaggregated data on the number and geographic location of children out of school, working children aged between 6 and 14, cases of violence and abuse of children, commercially and sexually exploited children, trafficked children, children deprived of liberty, migrant and indigenous children, and children who were not registered at birth. The Committee notes with interest the different programmes and initiatives existing in the State party to combat sexual exploitation of children and the signing of the Memorandum of Understanding in this regard with Guatemala. It remains concerned about the extent of sexual exploitation, trafficking and abduction of children in the State party, in particular in Ciudad Juárez, and about the lack of effective legislation to address this problem, both at the State and at the federal level. The Committee urges the State party to ensure that the legislative proposals that are under review both in the Senate and in the Congress about trafficking and sexual exploitation will provide effective protection for children victims and children at risk.
http://www.ohchr.org/english/bodies/crc/docs/co/CRC.C.MEX.CO.3.pdf

Turkmenistan
The Committee is concerned that the law does not expressly prohibit trafficking in persons. Furthermore, while noting that the extent of the problem of trafficking is not very high in the State party in comparison with other countries of the region, is concerned at the information that girls from minority ethnic groups are more likely to be victim of trafficking as fewer educational or employment opportunities exist for them. In light of article 34 and other related articles of the Convention, the Committee recommends that the State party further strengthen its efforts to identify, prevent and combat trafficking in children for sexual and other exploitative purposes.
http://www.ohchr.org/english/bodies/crc/docs/co/CRC.C.TKM.CO.1.pdf

Tanzania
No reference to trafficking
http://www.ohchr.org/english/bodies/crc/docs/co/CRC.C.TZA.CO.2.pdf

Uzbekistan
The Committee reiterates its concern at the lack of data and insufficient awareness on the phenomenon of sexual exploitation and trafficking of children in the State party. It is also concerned that victims of sexual exploitation do not have access to appropriate recovery and assistance services.
http://www.ohchr.org/english/bodies/crc/docs/co/CRC.C.UZB.CO.2.pdf

Concluding Observations
Optional protocol to the convention on the rights of the child on the sale of children, child prostitution and child pornography.
(reference to trafficking)

Iceland
The Committee notes with appreciation the State party’s efforts to criminalize the sale of children, child prostitution and child pornography, notably the adoption of the Child Protection Act, No. 80/2002 and the Children’s Act, No. 76/2003, the enactment of Act No. 40/2003 amending the General Penal Code and  introducing a new definition of "trafficking in persons” as well as the extensive legislation against prostitution. However, the Committee is concerned at the criminalization of a prostitute, regardless of age.
http://www.ohchr.org/english/bodies/crc/docs/co/CRC.C.OPSC.ISL.CO.1.pdf

Italy
Notwithstanding the allocation of financial resources for specific social protection programmes, including funds for the victims of trafficking and exploitation, the Committee regrets the limited information provided on budget allocations for the comprehensive implementation of the provisions contained in the Optional Protocol. The Committee is deeply concerned at the high rate children victims of trafficking, mainly from Eastern European countries, especially from Romania who are at particular risk of being sexually exploited and used for the purpose of begging. The Committee notes the State Party’s initiatives in providing forums of discussion and analysis on the aspects of transnational nature of child prostitution, sexual tourism and trafficking and the need for prevention, suppression and assistance strategies. However, the Committee remains concerned at the lack of awareness and follow-up mechanisms regarding the outcome of such forums.
http://www.ohchr.org/english/bodies/crc/docs/co/CRC.C.OPSC.ITA.CO.1.pdf

Qatar
The Committee expresses its appreciation at the establishment of the Qatari House for Sheltering and Human Care which provides protection, care and recovery for trafficked persons, including children. The Committee welcomes the establishment of two offices, the office for human rights in the Ministry of the Exterior and the national office for combating trafficking in persons within the Supreme Council for Family Affairs, which raise awareness of trafficking in human beings in order to prevent this phenomenon and assist victims of trafficking. While taking note of the recommendations adopted by the committee on trafficking in persons chaired by the Minister of the Exterior and the implementation work of the subsequently established sub-committee on trafficking in persons chaired by the Supreme Council for Family Affairs, the Committee is concerned  about the delay in finalizing the national plan of action. The Committee regrets the lack of statistical data on the number of children trafficked to and from Qata, as well as in the country, and the number of reported cases of sale of children, child prostitution and child pornography. However, it notes that the data on children used as jockeys in camel races includes some information on trafficking and the sale of children. The Committee is concerned about the lack of specific provisions to protect the rights and interests of trafficked child victims during the criminal investigation and justice process, in particular when these children take part in the process as plaintiffs or are called to testify. While noting the very high number of migrant workers in the State party, and particularly female domestic workers’ status on the margins of society, the Committee is concerned at the situation and vulnerability of migrant workers’ children in the Qatari society. The Committee is also concerned about the situation of trafficked children, for example to work as camel jockeys, who are particularly vulnerable to all forms of exploitation. The Committee regrets that the Stat 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 (2000).
http://www.ohchr.org/english/bodies/crc/docs/co/CRC.C.OPSC.QAT.CO.1.pdf

Turkey
The Committee welcomes the National Plan of Action on Combating Trafficking in Human Beings but remains concern that this Plan does not cover all issues referred to in the Optional Protocol and that there is no specific Plan of Action  on sale of children, child prostitution and child pornography. While noting the information provided on budgetary techniques and resource allocation, the Committee is concern that the Plan of Action on Combating Trafficking in Human Beings lacks direct budgetary allocations for its implementation and that therefore the implementation of this Plan depends on allocations of the necessary financial resources if they are available from budgets of different state institutions. While appreciating the information in the State party’s responses to the List of Issues on the number of child victims of human trafficking, the Committee remains concerned about the lack of information on the actual situation and the practical implementation of all issues referred to in the Optional Protocol i.e. through disaggregated data (according to age, sex and minority group) and research on the prevalence of sale of children, child prostitution and child pornography throughout the country.
http://www.ohchr.org/english/bodies/crc/docs/co/CRC.C.OPSC.TUR.CO.1.pdf