A/HRC/36/51
citizens and government officials, as in the case of unaccompanied Zimbabwean children in
Botswana who have been introduced illegally into the country. 50
55.
Unaccompanied migrant children in the Democratic Republic of the Congo are
victims of labour exploitation in jobs that prevent them from going to school and do not
provide medical care. 51 According to UNICEF, there are approximately 40,000 children
working in mines across the southern part of the country. Unaccompanied migrant children
are sometimes arrested and held in adult prisons, as there are no juvenile prisons. 52 In
Malaysia, a State that does not recognize refugees and asylum seekers since it has not
acceded to the Convention relating to the Status of Refugees, children are constantly
harassed by law enforcement officers, and many have been captured and placed in
immigration detention camps, where there is no differentiation between minors and adults. 53
56.
In India, as in other countries in Asia, exploitation starts as soon as the children
leave home. On their way to the cities, they are afraid of the police, fearing what will
happen if they are caught. Agents take them to their agency and they are kept there until
they are placed for work. There are also reports of physical and sexual abuse by agents and
employers.54 In Bangladesh, similar cases of abuse have also been reported.55
57.
The General Act on the Rights of Children and Adolescents in Mexico recognizes
children as rights holders and guarantees them full exercise, respect, protection and
promotion of human rights. They should therefore enjoy the fundamental rights to which
they are entitled in their special capacity as persons in development, which are protected
and embodied in international human rights instruments such as the Convention on the
Rights of the Child. Despite these provisions of domestic and international law, however,
there is a large gap between human rights treaties, domestic law and day-to-day practice.
58.
In Chile, even children of migrants who were born in the country were formerly
registered as stateless because they were considered as the sons and daughters of aliens in
transit, owing to a biased interpretation of the Constitution. Currently this term can only be
applied to tourists and members of ships’ crews, since the children of migrants born in
Chile are now considered Chilean. However, there are still reports of children being
registered as the children of aliens in transit, which denies them access to a nationality or an
official identity.56
59.
In some European States, such as Austria, children have to apply for asylum in order
to receive basic services and immediate legal representation, which is provided at first by
the legal adviser at the initial reception centre and subsequently by the provincial youth
offices. More than twice as many children applied for asylum within the European Union
and free movement zone in 2015 than in 2014; in the first half of 2016, nearly 70 per cent
of children seeking asylum in the European Union and free movement zone were fleeing
conflict in Afghanistan, Iraq or the Syrian Arab Republic. 57
60.
In Guatemala, little has been done to enforce the right to freedom of opinion and
expression of children; there are many obstacles to the fulfilment of this right, such as
authoritarian attitudes among adults. 58 Guatemala lacks an immigration policy with a
human rights approach. Also the country has not developed specific policies to protect,
serve or assist unaccompanied migrant children. 59
50
51
52
53
54
55
56
57
58
59
Source: Terre des Hommes Zimbabwe.
Source: Congregation of Our Lady of Charity of the Good Shepherd, Democratic Republic of the
Congo.
Ibid.
Source: Congregation of Our Lady of Charity of the Good Shepherd, Malaysia.
Source: Caritas India.
As a result of its large overall population, Asia is home to the largest total number of child migrants in
the world. However, a relatively low proportion of its children migrate: only 1 in 110 of Asia’s
children live outside their country of birth. Source: UNICEF, Uprooted, p. 10.
Source: Congregation of Our Lady of Charity of the Good Shepherd, Chile.
UNICEF, Uprooted, p. 11.
Source: Casa Alianza Guatemala.
Source: Directorate of Human Rights Research, Office of the Human Rights Advocate, Guatemala.
11
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