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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