A/HRC/29/41
G.
Trafficking in persons, including children
29.
The Special Rapporteur has been concerned about Eritrean refugees, asylum seekers
and migrants, and those whose fate are in the hands of smugglers and traffickers when they
escape or are coerced into fleeing from their country. She has consistently raised concerns
about their plight (see A/HRC/23/53, paras. 91–94), noting that the primary responsibility
of States is to ensure that all border governance measures protect the rights of all persons to
leave and enter their own country any time. Irregular migration, human smuggling and
trafficking in persons should not adversely affect the dignity of the populations concerned
and their enjoyment of human rights.
30.
Furthermore, the best interests of the child should take precedence over migration
management objectives and other administrative considerations.13 The core obligations of
States with respect to the rights of victims of trafficking include the duties to identify
victims of trafficking, to provide immediate protection and support and to provide legal
assistance, including temporary residency and non-criminalization of victims.14
31.
Children can easily fall prey to unscrupulous traffickers. In 2013, the case of two
boys, then aged between 12 and 14, who were kidnapped from Guluj, a town in GashBarka, Eritrea, and taken to the Sinai, was brought to the attention of the Special
Rapporteur. Her follow-up investigations did not reveal much, until earlier in 2015, when
she met with a witness who had also been kidnapped from Eritrea and taken to the Sinai;
the latter reported having been held captive with two boys from Guluj who had also been
“taken and sold for ransom money”.
V. Forced evictions and the right to housing
32.
Threats to the right to adequate housing posed by forced evictions have been
amplified in Eritrea since the beginning of 2015.15 Forced evictions represent an ongoing
practice: the authorities have bulldozed scores of houses, directly affecting hundreds of
households. In this section of the report, the Special Rapporteur examines the international,
regional and national frameworks on the right to housing, which derives from the right to
an adequate standard of living, and their application in the current context of housing
demolitions in Eritrea and the achievement of the Millennium Development Goals.
13
14
15
beheading of Christians by the Islamic State in Iraq and the Levant in Libya. If that were to be
confirmed, the protection needs of unaccompanied minors taking such death-defying journeys to
reach the shores of Europe would become a priority. For additional information, see
www.ibtimes.co.uk/i-watched-isis-beheading-christians-eritrean-teen-migrant-forced-witness-libyamassacre-1497874.
See the recommended principles and guidelines on human rights at international borders prepared by
OHCHR. Available from www.ohchr.org/Documents/Issues/Migration/A-69-CRP-1_en.pdf.
Ibid.
In the present document, forced eviction is understood as involving “the involuntary removal of
persons from their homes and land, directly or indirectly attributable to the State”. (OHCHR,
Factsheet No. 25: Forced Evictions and Human Rights, p. 4). Forced evictions can, under certain
circumstances and subject to specific conditions, be consistent with international human rights
standards. Such evictions can be classified as “legal evictions”. This distinction, however, must be
interpreted in a very narrow sense, on a case-by-case basis. In all circumstances, the practice of
eviction without consultation or adequate alternatives and compensation is illegal under international
law.
9
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