CRC/C/TJK/CO/2
5.
Special protection measures (arts. 22, 30, 38, 39, 40, 37 (b)-(d), 32-36 of
the Convention)
Asylum seeking and refugee children
64.
The Committee welcomes the efforts in the area of birth registration of refugee
children and notes that under the Constitution child refugees enjoy the right to education,
health, and benefits. It also welcomes the establishment of the group within the Migration
Service, which deals specifically with child refugees as well as the work of NGOs that
carried out research on the status of Afghan refugees in Tajikistan. However it remains
concerned about the lack of training on child protection among the staff of Ministry of
Interior dealing with Refugee Status Determination.
65.
The Committee recommends that the State party:
(a)
Continue to take measures to ensure that asylum claims submitted by
children are analyzed under a refugee status determination procedure that takes into
consideration the best interests, specific needs and rights of child asylum seekers in
accordance with international refugee and human rights law, by strengthening
training among relevant staff dealing with refugee status determination as well as the
Committee’s General Comment No. 6 (2005) on the treatment of unaccompanied and
separated children outside their country of origin .
(b)
Continue efforts to pursue its generous hosting of the Afghan refugee
population;
(c)
Ensure that refugee children, including unaccompanied and separated
children, receive appropriate protection, and in this regard, pursue cooperation with
relevant United Nations specialized agencies, including the Office of the United
Nations High Commissioner for Refugees, UNDP and UNICEF, as well as with NGOs.
(d)
Ratify the 1954 Convention relating to the Status of Stateless Persons.
Economic exploitation including child labour
66.
The Committee welcomes the ratification of ILO Convention No. 182 (1999) on the
Worst Forms of Child Labour and the adoption of Presidential decree of 2006 prohibiting
child labour. However the Committee is concerned that there is no explicit prohibition and
sanctions in the national legislation to prevent child labour, and that children as young as
ten years are involved in child labour. In particular, the Committee is deeply concerned
about the continuous high prevalence of child labour in the informal sector, unskilled work
in the service sector and in agriculture, mostly in cotton fields. Furthermore, the Committee
is concerned about the high prevalence of domestic work which affects girls and causes an
increasing number of dropouts of girls especially those living in rural areas.
67.
The Committee recommends that the State party:
(a)
Continue and strengthen its efforts to eradicate child labour,
particularly in its worst forms, by addressing the root causes of economic exploitation
through poverty eradication and education;
(b)
Introduce the definition of child labour in domestic legislation and
ensure the full implementation of a legislation prohibiting child labour and bonded
labour and implement ILO Conventions Nos. 138 and 182, and vigorously investigate,
prosecute, and punish the perpetrators;
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