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holding accountable those responsible and providing effective redress for victims of
such violations.
The State party should consider also the possibility of accepting an international
investigatory body, which would address past concerns over the lack of credibility of
previous investigations and any outstanding concern about the LLRC.
Violence against women, including sexual violence
(22) The Committee notes with concern reports about a growing number of cases of
violence against women, including sexual and domestic violence, as well as the insufficient
information provided by the State party in this regard. It also notes with concern that
domestic violence and marital rape are recognized only following a judge’s legal
recognition of the separation of spouses. The Committee is also concerned about reported
cases of war-time rape and other acts of sexual violence that occurred following the end of
the conflict, in particular in military-controlled camps. (arts. 2, 12, 13 and 16).
The State party should ensure prompt, impartial and effective investigations of all
allegations of sexual violence and should prosecute suspects and punish perpetrators.
The Committee reiterates the recommendation made by the Committee on the
Elimination of Discrimination against Women (CEDAW/C/LKA/CO/7) that the State
party should extend criminalization of marital rape regardless of judicial
acknowledgement of separation.
The State party should provide the Committee with information on the investigations
of cases of war-time rape and other acts of sexual violence that occurred during the
last stages of the conflict and in the post-conflict phase, and the outcome of such trials,
including information on the punishments meted out and the redress and
compensation offered to the victims.
Sexual exploitation and abuse of children by peacekeepers
(23) The Committee expresses its grave concern over the alleged sexual exploitation and
abuse of minors by military members of the Sri Lankan contingent of the United Nations
Stabilization Mission in Haiti (MINUSTAH) that occurred in 2007. While noting the
information provided by the State party’s delegation that the troops in question were
repatriated and dealt with under military law, the Committee regrets the lack of information
available regarding any specific charges or punishments faced by the 114 members of the
Sri Lankan contingent who were repatriated on disciplinary grounds (arts. 2, 5, 12 and 16).
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
GE.12-44492
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