A/65/44
Child soldiers
(29) The Committee is concerned about the continued recruitment and use of children by
illegal armed groups. The Committee recognizes the efforts made by the State party
through the establishment, in December 2007, of the Intersectoral Commission to prevent
the unlawful recruitment of children and adolescents by illegal organized groups; it notes
that according to the State party, it has been possible to break the grip of such groups on
some 3,800 children. The Committee does, however, regret the lack of information on the
criminal liability of persons responsible for recruiting children. It is concerned that such
children are not given sufficient support to ensure their physical and mental rehabilitation
and recuperation, that different levels of protection are offered depending on whether the
children are demobilized from guerrilla or other illegal armed groups, and that when
children are taken captive by the security forces, they are not always handed over to the
civil authorities within the 36-hour legal deadline. The Committee is also concerned that
the security forces use children for intelligence purposes, occupy schools in areas of
conflict and organize “military days” in schools throughout the country (arts. 2 and 16 of
the Convention).
The State party should strengthen measures to prevent the recruitment of children,
provide proper support to ensure their physical and mental rehabilitation and
recuperation and prosecute through the criminal courts those who have recruited
them. The security forces should refrain from jeopardizing the neutrality of schools
and comply with standards relating to the return to the civil authorities of children
who have broken away from illegal armed groups or been captured. The Committee
recommends that the State party extend its full cooperation to the Special
Representative of the Secretary-General for Children and Armed Conflict in order to
progress with the implementation of Security Council resolution 1612.
Non-refoulement
(30) The Committee notes that Decree No. 2450 of 2002 “which lays down procedures
for establishing refugee status” contains provisions that do not fully comply with the
obligations laid down in article 3 of the Convention and in the 1951 Convention relating to
the Status of Refugees. The Committee nevertheless takes note that approval of a new
decree on this matter, which includes the principle of non-refoulement, is pending (art. 3 of
the Convention).
The State party should expedite the adoption of new legislation that includes the
principle of non-refoulement. In order to ensure that the guarantee of nonrefoulement is implemented in practice, training on this obligation should be given to
immigration officials and the police.
(31) The Committee invites the State party to submit the core document in conformity
with the requirements for a common core document laid down in the harmonized guidelines
on reporting under the international human rights treaty bodies and contained in document
HRI/GEN/2/Rev.6, chapter I.
(32) The Committee recommends that the State party consider the possibility of making
the declarations provided for under articles 21 and 22 of the Convention.
(33) The Committee requests that the State party provide information, within one year,
on the measures taken in pursuance of the Committee’s recommendations as set forth in
paragraphs 12 to 17 above.
(34) The Committee recommends that the State party take all appropriate steps to
implement these recommendations, including conveying them to the members of the
Government and Parliament so that they may be considered and the necessary measures
taken.
26
GE.10-44721
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