CAT/C/LKA/CO/3-4
The State party should conduct investigations into the allegations of incidents of
sexual exploitation and abuse by military members of the MINUSTAH’s Sri Lankan
contingent and report their findings and measures taken in response, including the
resulting number of indictments, prosecutions and convictions, and measures taken to
prevent further occurrences. The Committee encourages the State party to pursue its
cooperation with the relevant United Nations departments to ensure progress in this
matter.
Human trafficking and violence against Sri Lankan migrant workers
24.
While noting the adoption in 2006 of the Penal Code (Amendment) Act No. 16, the
Committee is concerned about persistent reports of trafficking of women and children
within the State party for the purposes of forced labour and sexual exploitation, the low
numbers of convictions related to human trafficking and the detention of trafficking
victims. The Committee is similarly concerned at the reported abuses of many Sri Lankan
migrant workers, especially women, who travel abroad and subsequently face conditions of
forced labour or other abuse in the host country, as alleged by the representative of the State
party. In this regard, the Committee notes with interest the statement of the representative
of the State party that the draft National Action Plan on Human Rights contains a section
devoted to the protection of Sri Lankan migrant workers (arts. 2, 12 and 16).
The State party should:
(a)
Increase its efforts to combat trafficking in human beings by taking
effective measures to investigate, prosecute and punish those responsible and by
further strengthening international cooperation with countries of origin, transit and
destination;
(b)
Review legislation and practices to prevent victims of trafficking from
being prosecuted, detained or punished for the illegality of their entry or residence or
for the activities they are involved in as a direct consequence of their situation as
victims of trafficking;
(c)
Instruct consular or diplomatic authorities to provide protection and
assistance to Sri Lankan migrant workers to protect their rights to be free from
violence, confinement and abuse in violation of the Convention;
(d)
Consider the possibility of ratifying the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children and the Protocol
against the Smuggling of Migrants by Land, Sea and Air, supplementing the United
Nations Convention against Transnational Organized Crime
Definition of torture
25.
The Committee reiterates its view that the definition of torture included in Section
12 of the 1994 Convention against Torture Act (hereinafter, CAT Act) does not entirely
reflect the internationally agreed definition set out in the Convention. It restricts acts of
torture to “any act which causes severe pain, whether physical or mental”, while the
Convention definition refers to “severe pain or suffering”. It thus does not cover acts that
are not violent per se, but nevertheless inflict suffering (arts. 1 and 4).
The Committee reiterates the recommendation made in its previous concluding
observations (CAT/C/LKA/CO/2, para. 5), that the State party should amend the
definition of torture included in Section 12 of the CAT Act in order to expand the
definition of torture to all acts of torture, including those causing severe suffering, in
accordance with article 1 of the Convention. In this regard, the Committee draws
attention to its general comment No. 2 (2007), which states that serious discrepancies
between the Convention’s definition and that incorporated into domestic law create
actual or potential loopholes for impunity (CAT/C/GC/2, para. 9).
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