A/HRC/34/64
51.
The United Nations Economic and Social Council’s Guiding Principles on Internal
Displacement provide secondary obligations including by noting that national authorities
have the primary duty and responsibility to provide protection and humanitarian assistance
to internally displaced persons within their jurisdiction.82 The authorities undertaking
displacement must further ensure, to the greatest practicable extent, that proper
accommodation is provided to the displaced persons, that such displacements are effected
in satisfactory conditions of safety, nutrition, health and hygiene, and that members of the
same family are not separated.83
Forced conscription
(a)
Adults
52. The Constitution of the Syrian Arab Republic in its article 46 states that “[c]ompulsory
military service shall be a sacred duty and is regulated by a law” for all men over the age of
18 years. Syrian women are not required to perform compulsory service, though they may
volunteer to serve. Conscientious objection to military service is based on the right to
freedom of thought, conscience and religion, set out in the Universal Declaration of Human
Rights and the ICCPR.84 The right to conscientious objection to military service is a right
implicitly derived from an interpretation of the right to freedom of thought, conscience and
religion, and the Human Rights Committee has interpreted the right to freedom of thought,
conscience, and religion and its application to in relation to conscientious objection to
military service.85 Forced conscription may therefore violate this right.
(b)
Minors
53. The Convention on the Rights of the Child (“CRC”), to which the Syrian Arab Republic
is a state party, generally defines a child as any person under the age of 18. 86 With respect
to armed conflict, however, the Convention draws its language from the Protocols to the
Geneva Conventions, and consequently sets the lower age of 15 as the minimum for
recruitment or participation in armed forces, though, when between 15 and 18 years, states
parties shall endeavour to give priority to those children who are oldest.87 The Optional
Protocol to the CRC, which the Syrian Arab Republic adopted in 2003, sets – without
reservation – 18 years the minimum age for direct participation in hostilities, for
recruitment into armed groups, and for compulsory recruitment by governments.
82
83
84
85
86
87
34
See Report of the Representative of the Secretary-General, Mr. Francis M. Deng, submitted pursuant
to Commission resolution 1997/39. Addendum: Guiding Principles on Internal Displacement, Annex,
Guiding Principles on Internal Displacement, E/CN.4/1998/53/Add.2, at Principle 3.
Ibid. at Principle 7(2).
Universal Declaration of Human Rights, 10 December 1948, 217 A (III), at art. 18; see also ICCPR
at. art. 18.
In General Comment No. 22 (1993), at para. 11, the Human Rights Committee stated “[t]he Covenant
does not explicitly refer to a right to conscientious objection, but the Committee believes that such a
right can be derived from article 18, inasmuch as the obligation to use lethal force may seriously
conflict with the freedom of conscience and the right to manifest one’s religion or belief .”
Convention on the Rights of the Child, adopted and opened for signature, ratification and accession
by General Assembly resolution 44/25 of 20 November 1989, entry into force 2 September 1990, in
accordance with article 49, at art. 1.
Ibid. at. art. 38(3).
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