1.Warsame v. Canada No.1959/2010
She submits the communication on her behalf and on behalf of her minor child. She claims that the State party would violate her rights under articles 6 and 7 of the International Covenant on Civil and Political Rights were she to be deported to Nigeria. She also claims that her rights under articles 2, 18, 26 and 27, read in conjunction with articles 3, 6,7, 13 and 14 of the Covenant, would be violated by the State party.
The author moved from Nigeria to Denmark with a resident permit with the help of Mr. P.B. Thereafter, she was raped and forced to work as a sex worker by the said Mr. P.B. in order to pay the debt of the gaining of resident permit. However, it was later revealed that she did not have legitimate documentation for the said move and was therefore a victim of human trafficking. Thereafter, she filed for asylum. This application was rejected as the place of residence was unknown.
In accordance with article 2(3) (a) of the Covenant, the State party is under an obligation to provide Osayi Omo-Amenaghawon, the author of the present communication, with an effective remedy, including full reconsideration of her claim regarding the risk of treatment contrary to articles 6 and7of the International Covenant on Civil and Political Rights should she be returned to Nigeria, taking into account the State party’s obligations under the Covenant and the Committee’s present Views.
The State party is also requested to refrain from expelling the author and her minor child to Nigeria while her request for asylum is being reconsidered. The State party should also review its policy of not granting special consideration to requests for asylum from victims of human trafficking who cooperate with its law enforcement authorities