CRC/C/15/Add.122
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party undertake studies with a view to designing and implementing appropriate policies
and measures, including care and rehabilitation, to prevent and combat the sexual
exploitation of children.
Sale, trafficking and abduction of children
40.
The Committee notes the efforts of the State party to address the situation of the sale,
trafficking and abduction of children, including the adoption of the Hague Convention on Civil
Aspects of International Child Abduction, into domestic legislation. However, the Committee is
concerned about the increasing incidence of sale and trafficking of children, particularly girls,
and the lack of adequate measures to enforce legislative guarantees and to prevent and combat
this phenomenon. In the light of article 35 and other related provisions of the Convention,
the Committee recommends that the State party take effective measures to strengthen law
enforcement, and intensify efforts to raise awareness in communities about the sale,
trafficking and abduction of children. The Committee further recommends that the State
party seek to establish bilateral agreements with neighbouring countries to prevent the
sale, trafficking and abduction of children and to facilitate their protection and safe return
to their families.
Minority groups
41.
The Committee notes that domestic legislation guarantees the cultural, religious and
linguistic rights of children, particularly as regards education and adoption procedures. The
Committee further notes the State party’s intention to establish a Commission for the Protection
and Promotion of the Rights of Cultural, Religious and Linguistic Communities as a first step in
guaranteeing greater protection to minorities. However, the Committee is concerned that
customary law and traditional practice continue to threaten the full realization of the rights
guaranteed to children belonging to minority groups. The Committee recommends that the
State party undertake all appropriate measures to ensure that the rights of children
belonging to minority groups, including the Khoi-Khoi and San, are guaranteed,
particularly those rights concerning culture, religion, language and access to information.
Juvenile justice
42.
While the Committee welcomes the recent efforts to improve juvenile justice, it is
concerned that the juvenile justice system does not cover all regions of the State party. The
Committee is further concerned about:
(a)
The lack of an efficient and effective administration of juvenile justice and in
particular its lack of compatibility with the Convention, as well as other relevant United Nations
standards;
(b)
The length of time taken before juvenile cases can be heard and the apparent lack
of confidentiality accorded to such cases;
(c)
The use of detention as other than a last resort;