H. Special Protection Measures
Child labour
45. The Committee appreciates the fact that the Employment Act No. 11 of 2007
defines a child as a person below the age of 18 and that it forbids employers
from employing children. It also commends the measures the State Party has
taken to combat child labour such as the removal of more than 8000 children
from child labour, and the establishment of child labour committees in the
counties. However, the Committee is concerned that child labour is still prevalent
and that there are more than 1 million children who perform labour. Child labour
impedes the right to education, play, leisure and the right to the best attainable
standard of health. Considering the severe consequences of child labour, the
Committee encourages the State Party to continue taking all the necessary
measures to reduce child labour, to invent new feasible mechanisms of fighting
child labour and to address the root causes of child labour. The Committee
recommends the State Party to further regulate child labour and enforce the law
both in the formal and informal sector.
Sexual exploitation
46. With regard to sexual tourism, the Committee is aware that there is a high rate of
sexual tourism. The Committee encourages the State Party t to strengthen its
efforts to prevent and eliminate sexual tourism. 40% of the perpetrators appear to
be domestic people. Therefore, the State Party should improve law enforcement,
and elevate the level of accountability of hotels and tour guides by adopting code
of conduct. The State Party should devise a system in which such actors will be
held accountable; they should not be left entirely to self-regulate.
47. The Committee urges the State Party to take measures to combat the practice of
forced marriage to perpetrators of sexual violence. There are also instances of
sexual abuse of girls by teachers. The Committee recommends early
identification, investigation, prosecution and conviction of perpetrators. For its
informed action, the State should have disaggregated data on victims and
perpetrators of sexual abuse.
Children in conflict with the law
48. The Committee commends the State Party for establishing specialized courts
and child protection units in all the counties. The Committee encourages the
State Party to continue to take actions towards a child friendly justice system and
recommend the State Party to consult Guidelines on Action for Children in the
Justice System in Africa. The Committee moreover recommends that measures
should be taken for the separation of children from adults in pre-trial and trial
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