A/HRC/43/57
children from over 50 countries, the majority of whom are younger than 12 years of age,
remain in a legal limbo waiting to be able to return.
98.
In a welcome development, boys, primarily of Syrian nationality, previously
unlawfully interned by the Syrian Democratic Forces, have been placed in Al-Houri juvenile
rehabilitation centre in Hasakah, pursuant to decisions emanating from makeshift judicial
bodies affiliated to the Syrian Democratic Forces. This is one of few viable options given the
refusal by States to repatriate their nationals, including children who remain at risk of
statelessness, and the record of crimes committed by the Government of the Syrian Arab
Republic. 49 In the absence of parallel measures at the State or international level to deal
effectively with children with perceived links to ISIL, and the threats posed by young men
of fighting age associated with ISIL fighters, the Commission notes that any such measures
undertaken by non-State actors (the Syrian Democratic Forces) must adhere to juvenile
justice standards, including incorporating the best interests of the child. 50 Investigations into
that matter are ongoing.
VI. Recommendations
99.
The Commission reiterates the recommendations made in its previous reports, with
particular emphasis on the protection of civilians, including displaced populations, especially
in areas in which there are ongoing hostilities.
100. The Commission recommends that the Government of the Syrian Arab Republic:
(a)
Allow unfettered access for independent humanitarian, protection and
human rights organizations in every part of the country;
(b)
Release all those unlawfully detained, including individuals denied the
right to challenge the basis for their detention before a court of law, within a reasonable
time;
(c)
Cease all forms of incommunicado detention or other forms of unlawful
deprivation of liberty, including in conditions amounting to enforced disappearance;
and disclose the locations of all official and unofficial places of detention, with a full list
of the names of all those held in detention;
(d)
Facilitate the freedom of movements of civilians in retaken areas and
prevent arbitrary detention at checkpoints, in particular to allow access to medical care;
(e)
Review conscription laws to ensure that they adhere to international
standards, and apply them in a manner consistent with such standards;
(f)
Implement the recommendations of the Committee on the Elimination of
Discrimination against Women, including general recommendation No. 30 (2013) on
women in conflict prevention, conflict and post-conflict situations; and recognize its
obligations under Security Council resolutions 1325 (2000) and 2122 (2013), reaffirming
the need to protect women and girls from sexual and gender-based violence;
(g)
Ensure that legislation and processes for reclaiming property comply with
the principles on housing and property restitution for refugees and displaced persons
and are equally accessible and affordable, in particular for women.
101.
The Commission recommends that pro-government forces:
(a)
Cease attacks on civilians and civilian objects, in accordance with their
obligations under international humanitarian law, in particular against medical
facilities, personnel and transport, and comply with their obligation to take all feasible
precautions to minimize harm to the civilian population;
49
50
18
See, for example, “Out of sight, out of mind: deaths in detention in the Syrian Arab Republic”.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing
Rules).
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