CRC/C/ROM/CO/4
page 21
refugee determination status affecting children as well as the principles and procedural
guarantees of family unity, non-refoulement, non-discrimination, confidentiality and the benefit
of the doubt. However, the Committee is concerned that the Law on Asylum does not extend
some special measures to cover separated children, in addition to unaccompanied ones, and that
persons with responsibilities for unaccompanied children, including those processing asylum
applications, have not been equally exposed to the same training. While welcoming the excellent
cooperation among the relevant stakeholders, the Committee notes with concern that the
authority responsible for age assessment of unaccompanied children operates without
consideration to possible margins of error.
81.
The Committee recommends that, while taking into account its general comment
No. 6 (2005) on the treatment of unaccompanied and separated children outside their
country of origin, the State party:
(a) Extend in law and continue to provide in practice specific guarantees for
unaccompanied children and separated children;
(b) Expand the training throughout the country on child-friendly interview
techniques to all decision makers involved in the refugees status determination (RSD) as
well as to those acting as legal guardians;
(c)
Apply the benefit of the doubt concerning age assessment;
(d) Ensure that when return of children occurs, this happens with adequate
safeguards, including an independent assessment of the conditions upon return, including
the family environment.
Economic exploitation, including child labour
82.
The Committee welcomes the fact that the new Penal Code criminalizes inducing or
forcing children to beg by adults, as well as the setting up of a National Director Committee for
prevention and combating of child labour, which is to establish specialized child labour units in
relevant institutions and take over from the International Programme on the Elimination of Child
Labour of the International Labour Organizations (ILO-IPEC) the elaboration and monitoring of
programmes and activities. Nevertheless, the Committee is concerned about the high incidence
of child begging. While the Committee notes that the NAPCR can sanction employers found to
use child labour and that inspections are being carried out and fines collected from persons found
to illegally employ minors between the ages of 15 to 18, not all local inter-sectoral teams created
to combat child labour are functional.
83.
The Committee recommends that the State party:
(a)
Intensify efforts to implement and enforce laws and policies protecting
children from economic exploitation, including child labour and begging;
(b)
Monitor the situation of children involved in all forms of economic
exploitation, including child labour, with a view to eliminating such practices, ensure
children attend school as appropriate, and protect their health and wellbeing;
(c)
Collect data on child victims of economic exploitation, including child
labour, allowing for disaggregated analysis by activity and follow-up measure taken.