UNITED NATIONS 27 March 2006
COMMISSION ON HUMAN RIGHTS
RIGHTS OF THE CHILD
Report of the Special Rapporteur on the sale of children, child prostitutionand child
UNITED NATIONS 27 March 2006
COMMISSION ON HUMAN RIGHTS
RIGHTS OF THE CHILD
Report of the Special Rapporteur on the sale of children, child prostitutionand child
pornography, Juan Miguel Petit
Addendum
Communications to and from Governments *
Introduction
1 . This addendum to the report of the Special Rapporteur contains, on a country-by-country
basis, summaries of general and individual allegations as well as urgent appeals transmitted to
Governments between 1 January and 31 December 2005, as well as replies received during the
same period. Observations made by the Special Rapporteur have also been included where
applicable. Government replies received after 31 December 2005 will be included in the
relevant addendum to Special Rapporteur’s next report.
2 . The Special Rapporteur recalls that in transmitting allegations and urgents appeals, he
does not make any judgement concerning the merits of the cases, nor does he support the opinion
of the persons on behalf of whom he intervenes.
3 . During the period under review, the Special Rapporteur transmitted 34 communications
to the Governments of 25 countries: Bahrain, Chad, Chile, Democratic Republic of the Congo,
Dominican Republic, Greece, India, Indonesia, Iraq, Iran (Islamic Republic of), Israel, Malawi,
Mexico, Myanmar, Nepal, Niger, Pakistan, Saudi Arabia, Sri Lanka, Sudan, Syrian Arab
Republic, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United
States of America and Yemen, and Occupied Palestinian Territory. Only four responses to these
communications were received as well as six replies to communications transmitted by the
Special Rapporteur over the past years . The Special Rapporteur regrets that so many 1
Governments failed to respond.
4 . Owing to restrictions to the length of documents, the Special Rapporteur reduced
considerably details of communications sent and received.
5 . This report contains individual cases and general situations related to the mandate of the
Special Rapporteur. This includes allegations related to the sale of children, sexual violence and
abuse of children, trafficking of children, child bonded labour and child sexual exploitation.
6 . The names of the child victims whose cases are presented in this report have been
replaced by initials, in order to respect their privacy and to prevent further victimization. The full
names of all victims have been provided to the Government concerned.
Bahrain
Letter of allegation
7 . On 19 September 2005, the Special Rapporteur, jointly with the Special Rapporteur on
the human rights of migrants, the Special Rapporteur on violence against women, its causes and
consequences, and the Special Rapporteur on trafficking in persons, especially women and
children, sent a letter of allegation concerning the alleged mistreatment of migrant women and
girls working as domestic workers in Bahrain.
1
General statistical information on communications sent by special procedures in 2005 is available on OHCHR
website : www.ohchr.org
8 . Migrant domestic workers, who typically live with their employers, are said to be
explicitly excluded from the protection of the 1976 Labour Law for the Private Sector. Many
have to work 15 to 17 hours a day, seven days a week, and their employers often restrict their
freedom of movement. Since their legal status in Bahrain depends on the continued visa
sponsorship of their employers, migrant domestic worker who flee exploitative situations ris k
arrest, prolonged administrative detention and deportation. Their vulnerability is exacerbated by
the fact that many employers take away their domestic workers’ passports, a practice that is
reportedly officially tolerated. In addition, public authorities often privilege employers in
disputes involving migrant workers. In extreme cases, domestic migrant workers may also be
subjected to physical or sexual abuse.
9 . In this context, the Special Rapporteurs were informed that Ms. A.B.J., from Indonesia
was recruited through a Jakarta-based private employment agency by a Bahraini married couple
when she was 16. The couple agreed to sponsor her visa and employ her as a domestic worker.
Although she was born in 1989, the head of her Indonesian home village helpedarrange a
passport that falsely stated her date of birth as 1 August 1978. After ABJ arrived in Bahrain on
24 June 2004, her employers took her passport away. On the evening of 26 June 2004, her
employer touched her intimate body parts against her will. His wife was present when the
incident occurred but did not protest. On the evening of the next day, after the wife had left the
house, the employer forced ABJ to watch a pornographic film, tore off her clothes and touched
her intimately once again even though she screamed in protest. The next morning, ABJ informed
the wife about the incident but she did not react. Approximately one month later, the wife told
ABJ that she could earn additional money if she agreed to have sexual relations with men. That
same day, she was forced to leave the house with an unknown man who took her to the premises
of a factory where he and then another man raped her. The man told ABJ that he had paid the
wife to have sexual relations with her. Even though she was bleeding and suf fered strong pain
after the rapes, her employers did not allow her to seek medical assistance. Instead, the wife gave
her pain killers. In the weeks thereafter, ABJ was forced to have sexual relations with a number
of men, including her employer. To diminish her resistance, ABJ was given stimulant drugs,
presumably Methylenedioxymethamphetamine (also known as Ecstasy).
10 . During the entire period she was confined to the house and was not able to communicate
by mail or telephone. Only on the occasion of a relative’s visit did she manage to contact her
employment agency in Jakarta with the relative’s mobile phone. The employment agency then
organized her rescue. A criminal investigation was opened and the husband was detained for a
brief period of time but the n released. A forensic medical examination proved that ABJ had had
repeated sexual intercourse, but no blood test was taken to determine the nature of the drugs that
she had been given. The husband/employer was indicted for rape and the wife for facilitating
prostitution. At the time the communication was sent, the court hearing was scheduled to take
place in September 2005. ABJ’s former employers still retained possession of her passport and
had, at the time this communication was sent, neither paid her the wages agreed upon nor
compensated her for the sexual violence suffered.
Observations
11 . The Special Rapporteur would appreciate receiving from the Government information
concerning the court proceedings against the employers, and in the event that they are found
guilty for the acts concerned, to provide him with information on the punishment provided and
of any compensation awarded to ABJ.
12 . The Special Rapporteur would also like to remind the Government of its obligations to
take measures in order to prevent economic exploitation of children (art. 32 of the Convention on
the Rights of the Child), and to protect children from all forms of sexual exploitation (art. 34).