CAT/C/MNG/CO/1
Violence against women
20.
While welcoming the efforts of the State party to combat violence against women,
the Committee is concerned about reports that the incidence of violence, in particular
domestic violence against women, rape and sexual harassment remains high. The
Committee is also concerned that domestic violence continues to be seen as a private
matter, including by law enforcement personnel and that the rate of prosecution is very low.
In addition, the Committee is concerned at reports that only a small number of rape cases
are reported, and that post-rape medical examination in remote areas and the provision of
shelters and rehabilitation services by qualified personnel are frequently not available. The
Committee regrets that the State party has not as yet criminalized marital rape and sexual
harassment (arts. 1, 2, 4, 12 and 16).
The State party should fully combat violence against women, in particular
rape, domestic violence and sexual harassment. It should also criminalize
marital rape and sexual harassment. In addition, it should ensure that public
officials are fully familiar with applicable relevant legal provisions, and
sensitized to all forms of violence against women and adequately respond to
them. The State party should also ensure that all women who are victims of
violence have access to immediate means of redress and protection, including
protecting orders, access to safe shelters, medical examination and
rehabilitation assistance in all parts of the country. Perpetrators of violence
against women should be duly prosecuted and, if found guilty, convicted and
sentenced with appropriate penalties.
Trafficking in persons
21.
While welcoming the signature, on 18 October 2010, of the Agreement on
Cooperation to Combat Trafficking in Persons with the Macao Special Administrative
Region of China, as well as other efforts by the State party to combat trafficking in persons,
the Committee is concerned at reports that there is a rise in human trafficking. It is also
concerned at reports that the majority of victims are young girls and women, in particular
poor and street children, as well as victims of domestic violence, who are trafficked for the
purpose of sexual and labour exploitation and fraudulent marriages. In addition, the
Committee is concerned that the legal framework to protect victims and witnesses of
trafficking remains inadequate. It is also concerned that trafficking is seldom prosecuted
under article 113 of the Criminal Code on sales and purchase of humans, which carries
higher penalties than those under article 124 on inducing others to engage in prostitution
and organizing prostitution. The Committee is also concerned at reports that 85 to
90 per cent of investigated cases are reportedly rejected for lack of evidence or lack of
grounds to consider that the victim was deceived, and at reports that law enforcement
officials were directly involved in or facilitating trafficking crimes and that there have been
no investigations of those reports (arts. 2, 12, 13 and 16).
The State party should enact comprehensive anti-trafficking laws which
address the issues of prevention and the protection of victims and witnesses of
human trafficking, and ensure to all victims of trafficking the means for
compensation and as full a rehabilitation as possible. The State party should
conduct appropriate trainings for law enforcement officials, investigators and
prosecutors on the laws and practices of trafficking in human beings.
Trafficking in persons should be prosecuted under article 113 of the Criminal
Code. The State party should establish independent mechanisms with sufficient
and appropriate human and financial resources to monitor the implementation
of measures to combat trafficking in persons. The State party should also
conduct independent, thorough and effective investigations into all allegations
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