CRC/C/OPSC/KHM/CO/1
Adopted by the Committee: 30 January 2015
Published by the Committee: 4 February 2015
Issues raised:
Ratification:
The Committee notes with appreciation the State party’s accession or ratification of: the Protocol to Prevent, Supress and Punish Trafficking in Persons, Especially Women and Children in July 2007 (para.4).
Sexual exploitation:
The Committee deeply regrets that preventive measures regarding offences prohibited by the Optional Protocol remain inadequate and fragmentary. It is concerned about: The underlying root causes and contributing factors that lead to the vulnerability of children to the offences under the Optional Protocol, such as poverty and unemployment, which are not sufficiently addressed; The inadequate mechanisms in place to detect, identify and monitor children at particular risk of becoming victims of the offences under the Optional Protocol, especially children in street situations, migrant and unaccompanied children, as well as left-behind children when parents migrate to work; The low rates of birth registration in the State party, a factor which facilitates the commission of offences under the Optional Protocol; The extent and prevalence of sexual exploitation of children, in particular in entertainment venues; The limited measures taken by the State party to prevent the exploitation of children in forced labour, especially in domestic work and hazardous labour, such as in the informal manufacturing, mining, agricultural and services sectors; The lack of information provided by the State party on measures taken to protect children from unlawful adoptions, as well as delays in enacting sub decrees under the Law on Inter-Country Adoption; and insufficient measures to tackle the engagement of children in pornography, which is widely available online through information and communication technologies, as well as the involvement of large numbers of children in prostitution (para.16).
The Committee expresses its concern about: Reports of continued sexual exploitation of children in the context of travel and tourism in various areas of the State party, especially in rural areas; and the so-called orphanage tourism, which seems to be a growing phenomenon where children in institutions and orphanages are being exposed to sexual exploitation by foreigners, such as tourists and volunteer workers (para.18).
Criminal system:
The Committee notes that: Elements of the offence of sale of children have not been comprehensively defined in the legislation and an element of force or other forms of coercion is required, such as the use of deception, abuse of power, confinement, or threat; and the definition of the offence of child pornography is too restrictive, as it fails to adequately encompass all the elements provided for in article 2 (c) of the Optional Protocol and the possession of child pornography without intent to distribute is not criminalised (para.20).
The Committee is deeply concerned that impunity remains pervasive for offences under the Optional Protocol due to a limited enforcement of the State party’s legislative framework, as shown by the low prosecution and conviction rates. In particular, it is concerned that the widespread practice of out-of-court settlements, in the form of conciliation between victims and perpetrators, facilitated by law enforcement officials and the high levels of corruption among officials, including the police, seriously impede the State party’s efforts to investigate and prosecute perpetrators (para.22).
The Committee is concerned that: The State party does not have a formal programme to provide protection for child victims and witnesses of offences covered under the Optional Protocol and that, as a result, they are not provided with appropriate protection in the justice system; Child victims of offences under the Optional Protocol are not sufficiently provided with free legal aid and with the support of child psychologists and social workers during the criminal justice process; and child victims of prostitution and trafficking are sometimes treated as offenders by law enforcement officials, despite article 24 of the Law on Suppression of Human Trafficking and Sexual Exploitation adopted in 2008 (para.28).
The Committee remains concerned that the low level of understanding and awareness of the offences under the Optional Protocol prevents child victims of sale, prostitution or pornography to assert their rights. The Committee is particularly concerned about: The underreporting of offences under the Optional Protocol due to widespread lack of confidence in law enforcement and judicial authorities; Limited access to complaints and reporting mechanisms; The weak capacity of law enforcement officials to respond to violations of children’s rights as protected under the Optional Protocol; Insufficient measures taken to identify child victims of all offences prohibited under the Optional Protocol; Ineffective coordination mechanisms between police, court officials and government agencies to adequately protect child victims; and the lack of information on the availability of compensation for damages from those legally responsible in accordance with article 9, paragraph 4, of the Optional Protocol (para.26).
The Committee is concerned that : The State party does not have a formal programme to provide protection for child victims and witnesses of offences covered under the Optional Protocol and that, as a result, they are not provided with appropriate protection in the justice system; Child victims of offences under the Optional Protocol are not sufficiently provided with free legal aid and with the support of child psychologists and social workers during the criminal justice process; and child victims of prostitution and trafficking are sometimes treated as offenders by law enforcement officials, despite article 24 of the Law on Suppression of Human Trafficking and Sexual Exploitation adopted in 2008 (para.28).
