CRC/C/15/Add.227
page 11
7. Special protection measures
Refugee and asylum-seeking children
53.
The Committee is concerned that in the Netherlands the definition of an unaccompanied
minor seeking asylum does not conform to international standards and may make access to basic
services more difficult for the child while in the country. It is also concerned that the
determination and rejection of a significant and increasing proportion of applications for refugee
status through the 48-hour accelerated procedure are not in keeping with article 22 of the
Convention and international standards. Finally, the Committee is concerned that children
whose applications for refugee status have been rejected are detained in closed camps with
limited possibilities for education and leisure activities. Finally, the Committee is concerned
about the lack of formal asylum and protection procedures in Aruba and the current practices
with respect to the detention and deportation of illegal migrants.
54.
The Committee recommends that the State party in the Netherlands:
(a)
Review the Aliens Act of 2001 and its application to ensure full conformity
with international standards applicable to refugees and with the Convention;
(b)
Change the definition in the Act of unaccompanied minors seeking asylum so
as to bring it into line with international standards;
(c)
Ensure that the determination of refugee status of minors conforms
to international standards, and consequently reconsider the 48-hour accelerated
procedure;
(d)
Ensure that the detention of children whose applications for refugee status
have been rejected is used only as a measure of last resort, and that all children awaiting
expulsion receive adequate education and housing.
55.
The Committee recommends that in Aruba the State party, in cooperation with the
Office of the United Nations High Commissioner for Refugees, establish a formal system of
asylum and refugee protection procedures that conform to the Convention and applicable
international standards.
Sexual exploitation and trafficking
56.
The Committee welcomes the State party’s efforts in the Netherlands to address the
sexual exploitation of children, in particular, through training of the police. However, it is
concerned that the “complaint requirement” by victims over the age of 12 and the “double
criminality” requirement hamper the prosecution of cases of child sexual abuse committed in
the Netherlands and abroad. In Aruba, the Committee is concerned that children are
vulnerable to trafficking for the purposes of drug trafficking or sexual exploitation, including
through tourism.