A/HRC/34/44
20.
Over the reporting period, the increased use of screening of civilians by government
security forces or pro-government militias in situations such as those in as Iraq and Nigeria
has been an emerging concern related to the deprivation of liberty of children. Centres have
been established by parties to conflict in order to process civilians fleeing from armed
groups. This practice has resulted in mass deprivation of liberty of civilians, including
children, due to long processing times but also due to a presumption of affiliation with the
very armed group from which they are fleeing. Screening has been undertaken by parties to
conflict, including militias, who are poorly trained and, in many instances, lack the
neutrality and capacity required to engage in a child-sensitive manner. Presumptions of
affiliation have been based on broad categories, such as the age, gender or ethnic affiliation
of the people being screened, and screening has also been used for intelligence gathering.
This practice of screening and subsequent detention often violates the right to challenge the
lawfulness of the deprivation of liberty before a court or another competent, independent
and impartial authority. In some instances, the presumption of affiliation can also amount to
a form of collective punishment. While the Special Representative is cognizant of the need
to ensure the safety of civilians, she reminds Governments in conflict-affected countries of
the importance of using civilian actors with child protection expertise to carry out screening
and of adhering to the last resort and shortest possible time provisions of the Convention on
the Rights of the Child. Screening without clear legal oversight also leaves children open to
other violations, such as extrajudicial killings, enforced disappearance and torture. In this
regard, the Special Representative welcomes the continuing attention that the Human
Rights Council has given to the issue of deprivation of liberty in its country-specific and
thematic resolutions, which has included calls for accountability in instances of secret
detention, torture and practices tantamount to torture or other cruel, inhuman or degrading
treatment, including under the pretext of countering terrorism. 6
21.
An issue connected to the deprivation of liberty of children for association with nonState armed groups is the recruitment and use of children under the age of 18 by
government forces. Member States should be cognizant of the fact that when they recruit
children under the age of 18, even in non-conflict situations, notwithstanding the provisions
of the Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict, this can be used by the leadership of non-State armed actors to
legitimize their own actions. More children are thus likely to be encountered during
military operations and detained by Member States. In this regard, the Special
Representative calls upon Member States to consider establishing the minimum age for
recruitment into the armed forces at 18 years, even if the children are not used in conflict.
22.
In the reporting period, the Special Representative has engaged in extensive
advocacy to protect children who have been deprived of their liberty for association with
parties to conflict. Joint endeavours have helped to ensure appropriate protection of the
rights of children separated from armed groups. For example, in the Sudan, following the
Special Representative’s visit and in the light of extensive efforts by many United Nations
entities, 21 boys detained for their alleged association with a non-State armed group were
released and pardoned by the President on 8 September 2016.
23.
In Somalia, also following the Special Representative’s visit and wide-ranging
advocacy efforts, 26 children aged between 12 and 14 who had been detained by authorities
in Puntland for association with a non-State armed group were released; however, 38
children, assessed to be above the age of 14 and subsequently sentenced as adults, remained
detained at the time of writing, some of whom have been condemned to death. In
December, the United Nations was continuing efforts to secure the release of those
children. These concerns are elaborated upon in the present report in the section on field
6
8
See Human Rights Council resolution 31/2.
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