A/65/44
Allegations of violence or incest
(23) The Committee is particularly concerned that, according to information received,
over half the complaints involving rape or incest come from victims who were minors when
the offence was committed. It is also concerned that the current Criminal Code of 1998
penalizes and punishes with imprisonment for periods ranging from 6 months to 12 years
all forms of recourse to voluntary interruption of pregnancy, including in cases of rape or
incest, which has resulted in serious harm to women, including death (arts. 2 and 16).
With reference to its general comment No. 2, the Committee recommends that the
State party take whatever legal or other measures are necessary to effectively prevent,
investigate and punish crimes and all acts that put the health of women and girls at
grave risk, by providing the required medical treatment, by strengthening family
planning programmes and by offering better access to information and reproductive
health services, including for adolescents.
Trafficking in persons
(24) The Committee recognizes the efforts made by the State party to deal with the
trafficking of women and girls, such as the creation of a temporary shelter for women and
their children who have been victims of commercial sexual and other forms of exploitation
and of a shelter for girl victims of trafficking. However, the Committee is concerned about
the continuous reports of cases involving the internal and cross-border trafficking of
women and children for sexual and other purposes, and deplores the fact that the officials
suspected of committing these acts have not been properly investigated, prosecuted and
punished (arts. 2, 10 and 16).
The State party should ensure that all allegations concerning the trafficking of
persons are investigated promptly, impartially and thoroughly and that the offenders
are prosecuted and punished for the crime of trafficking in persons. The State party
should continue to conduct nationwide awareness-raising campaigns, provide
adequate programmes of assistance, recovery and reintegration for victims of
trafficking and offer training to law enforcement officers, migration officials and
border police on the causes, consequences and repercussions of trafficking and other
forms of exploitation. The Committee further recommends that the State party
increase its efforts to establish systems and mechanisms of international, regional and
bilateral cooperation with the countries of origin, transit and destination in order to
prevent, investigate and punish cases of human trafficking.
The principle of “non-refoulement”
(25) The Committee regrets the complaints alleging a systematic failure to comply with
the principle of “non-refoulement” and with the right of access to due process and
information for refugees and potential asylum-seekers, and the failure to provide proper
safeguards against persons being placed at risk when returned to their country of origin. It
further regrets the inadequacy of the mechanisms enabling the immigration authorities to
establish that a person runs the risk of being tortured on return to his or her country of
origin. The Committee further notes with concern the allegations of discriminatory
treatment of asylum-seekers by the authorities of the State party (arts. 3 and 6).
The State party should adopt administrative and legislative measures to ensure
respect for due process in the procedures for deciding on refugee status or
deportation, with particular regard to the right of defence and the requirement that a
representative of the Office of the United Nations High Commissioner for Refugees be
present. It also recommends the introduction of training programmes on international
humanitarian law applicable to refugees, with emphasis on the content and scope of
GE.10-44721
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