causes of trafficking, abduction and sale of children. The Committee further
recommends that the State Party ratifies the Palermo Protocol to enable it
implement an all-encompassing framework to assist victims of trafficking and
deal with traffickers.
Children of Imprisoned Mothers
26. The Committee notes efforts of the State Party to ensure children are not
imprisoned with their mothers with the enactment of Article 206(a) of the
Transitional Criminal Procedure Code and Article 118 of the Transitional Penal
Code on the non-execution of the death sentence for pregnant women and those
with infant children. The Committee however notes that despite such measures,
children can still be imprisoned with their mothers. The Committee also notes
that that no reference is made in the report over how mothers with children in
prison are treated. The Committee therefore recommends that the State Party;
Provide measures preventing children from being imprisoned with their mothers
through the application of suspended sentence;
Use the General Comment No. 2 of the ACERWC on ‘Children of incarcerated
mother, father and care givers’ as a guidance on its efforts to address the
challenges.
19 Conclusion
27. The African Committee of Experts on the Rights and Welfare of the Child
observes that the Government of Eritrea has adopted several texts and
measures for the protection and promotion of the Rights and Welfare of the
Child. However it is observed that certain texts are not in harmony with the
Charter and the majority of these texts and measures have remained ineffective
due to lack of implementation strategies or because of the inadequate resources
allocated for their implementation. The Committee recommends the that State
Party undertake measures to implement Eritrea’s 1997 Constitution after having
taken steps to harmonize it and other texts with the African Charter on the Rights
and Welfare of the Child and adopt strategies for effective implementation. The
Committee avails itself of this opportunity to renew to the Government of Eritrea
the assurance of its highest consideration.
12