ACERWC
African Committee of Experts on
the Rights & Welfare of the Child
“If you try to run, they shoot you. If you stop working, they beat you,” the report quoted Aimamo, a
16-year-old unaccompanied child from Gambia, as saying. “We were just like slaves,” said the child, who
described being forced into months of gruelling manual labour by traffickers in Libya.
The Star, ‘Just like slaves’: African migrant children face highest risk of abuse – report
12 September 2017 475
Violence against children on the move is further exacerbated by the phenomenon of
criminalization of their status, which results in the use of ‘inappropriate terminology.460 The use of
such inappropriate terminology depicts individuals negatively which heightens negative discourses
on migrants and refugees and further reinforces stigma and stereotypes against them.461 Such
language leads to marginalization, alienation and discrimination which exposes the children to
violence and xenophobia. Essentially, this is an affront to the requirement of non-discrimination
and consideration of primary interest of the child in all matters that affect children.
5.12 Violation of the right to a family, parental care and protection
Migration and asylum or refugee laws, policies and practices frequently lack child rights
perspectives and in particular decisions in respect to family unity are not based on systematic
assessment of the best interests of the child.462 Often procedures for determination of children’s
identity, age and nature of the relationship between separated child and accompanying adult as
well as identification of guardians are not based on the best interests of the child.463 In certain
situations there is no proper access to documentation, family tracing and guardian systems.464
The Committee on the Rights of the Child in General Comment No.6 also notes that where
family reunification of separated is not permitted in situations where children are recognised
as refugees in certain countries, such children are granted temporary status. Unfortunately,
the temporary status ends when they attain the age of 18, ‘and there are few effective return
programmes.’465 Generally, obstacles to family reunification may contribute to increased irregular
entry in cases where unaccompanied child is seeking to reunite with parents in the destination
country or may extend the duration of irregular residence in situations that the child’s family
is still within the host country.466 This can lead to social exclusion and deprivation of access to
socio-economic rights.467 Worse still, separation from family denies a child the protection and
guidance from his or her parents and other family members.468 This might increase exposure and
vulnerability to exploitation, abuse and violation of their rights.469
460
461
462
463
464
465
466
467
468
469
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IOM, Children on the Move (2013) p1.
As above.
Save the Children’s key messages for the First Informal thematic session on the human rights of all
migrants Global Compact for Safe, Orderly and Regular Migration 8-9th May 2017 p 3.
As above.
Daniela Reale, Protecting and supporting children on the move: Translating principles into practice.in IOM,
Children on the Move (2013).
As above..
UNICEF & National University of Lanus, Argentina, Economic, Social and Cultural Rights Of Migrant
Children And Children Born To Migrant Parents:
Challenges, Good Practices and Recommendations (2010) P 9.
As above.
Action for the Rights of Children (ARC), Abuse and Exploitation – Revision 04/01 p 12.
As above.