A/HRC/31/19
relating to allegations of violations committed by the Nigerian defence and security forces,
the Civilian Joint Task Force and other vigilante groups in the course of their operations
against Boko Haram. In November 2015, on the margins of the International Forum on
Peace and Security in Africa, held in Dakar, the Special Representative met with the newly
appointed National Security Adviser of Nigeria, who expressed interest in working to
improve the protection of children separated from Boko Haram. At the same event, the
Special Representative also met with the Force Commander of the multinational joint task
force and advocated for enhanced protection of children in its operations.
13.
Throughout the reporting period, the Special Representative used other platforms to
remind Member States of their obligations under international law, in particular during
addresses to the General Assembly and the Security Council. Moreover, on 21 and 22
October 2015, the Special Representative participated in the African Union sixth annual
retreat of special envoys and mediators on the promotion of peace, security and stability,
organized on the subject of terrorism, mediation and non-State armed groups. Lastly, during
the reporting period the Office of the Special Representative joined the Working Group on
Promoting and Protecting Human Rights and the Rule of Law while Countering Terrorism
of the Counter-Terrorism Implementation Task Force to further mainstreaming the
protection of children in the United Nations work on counter-terrorism. The Special
Representative will continue to contribute to the dialogue on and work of the Security
Council, the General Assembly, the Human Rights Council and the Secretary-General
regarding extreme violence in the coming year. Her focus will be to ensure that that the
protection of children is a priority in national, regional and international responses.
Furthermore, given the increasingly cross-border nature of the operations of groups using
extreme violence and the involvement of multinational coalition forces, multilateral
coordinated action and more extensive efforts involving regional organizations will be
crucial to ensure the protection of children.
B.
Children deprived of liberty in situations of armed conflict
14.
The deprivation of liberty of children owing to their actual or alleged association
with armed groups is a concern in nearly all countries covered by the Special
Representative’s mandate. States parties to the Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict should take all feasible
measures to ensure that former child soldiers are demobilized or otherwise released and that
they are provided with all appropriate assistance for recovery and reintegration. It is
therefore particularly worrisome that increasing numbers of children are deprived of their
liberty for their association with armed groups under counter-terrorism and national
security laws. In such contexts, but also in more traditional conflict settings, children are
seen not as victims of violations and released but as offenders who are administratively
detained for long periods or even prosecuted for association. Depriving children of liberty
is contrary not only to the best interests of the child but also to the best interests of society
as a whole. Indeed, the denial of access to education and health care that often comes with
deprivation of liberty has long-term negative impacts not only on the child, but also on
society. Moreover, children can be vulnerable to radicalization while in detention with
adults.
15.
Children associated with parties to conflict should be handed over to child protection
actors, in line with the Optional Protocol and Security Council resolution 2225 (2015), in
which Member States were encouraged to consider non-judicial measures as alternatives to
prosecution and detention that focus on the rehabilitation and reintegration for children
formerly associated with armed forces and armed groups. Treating children that have been
recruited and used in conflicts as victims of violations will ultimately serve the long-term
interests of communities and States by preventing further victimization and the creation of
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