Date: 18 December 2024, 9:00 to 10:30 VENUE Room D, CICG, Geneva, Switzerland

Speakers:

Moderator: Ms. Taghreed Jaber, Regional Director for Middle East and North Africa, Penal Reform International

– Child/youth representative

– Mr. Omar Khadr, Former child detainee at Guantanamo Bay; currently engaged with at-risk youth in Toronto, Canada

– Prof. Fionnuala D. Nì Aoláin, Former Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism on counter-terrorism and human rights (2017-2023)

– Dr. Mikiko Otani, Member of the UN Committee on the Rights of the Child

– Mr. Alec Wargo, Office of the SRSG CAAC

– Ms. Alexandra Souza Martins, Coordinator, UNODC Global Programme to End Violence against Children at United Nations

– Ms. Jo Becker, Advocacy Director, Children’s Rights Division, Human Rights Watch

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I. Context

In recent years, children’s rights have been increasingly compromised, particularly regarding the separation and reintegration of those linked to armed forces and groups, including those designated by the United Nations as terrorist organisations. This trend is largely due to the heightened application of national security and counter-terrorism measures to children and their families or communities perceived as supportive of such groups.

The United Nations Global Study on Children Deprived of Liberty (2019) provides an in-depth analysis of these issues, with two critical chapters focusing on:

1. Children Deprived of Liberty in Situations of Armed Conflict: This chapter examines the detention of children by state and non-state actors during armed conflicts, highlighting issues such as recruitment, use in hostilities, and the impact of detention on children’s rights and well-being.

2. Children Deprived of Liberty on National Security Grounds: This section explores the detention of children under national security pretexts, often linked to counter-terrorism efforts or alleged associations with armed groups, and discusses the legal and human rights implications of such practices.

The study found that, in response to threats posed by these armed groups, many states have expanded their counter-terrorism strategies, laws, and regulations. These new measures often lack adequate safeguards for children, leading to serious violations of their rights. Notably, there has been a disregard for juvenile justice standards and an increased reliance on detention—sometimes en masse—of children in both conflict and non-conflict situations for terrorism-related or national security offences. This is often exacerbated by ill-treatment, poor conditions of confinement and fundamental due process violations.

Extending counter-terrorism laws and policies to children involved with groups designated as ‘terrorist’ raises several protection issues. These include the detention and treatment of children within the criminal justice system, prosecution in military courts or facilities and arbitrary detention without charges or due process—often due to the beliefs, actions, or associations of their parents or relatives, or their presence in certain geographic areas. Additionally, there is a lack of action by member states to repatriate their child nationals stranded in foreign conflict zones due to presumed links to designated terrorist groups. Other concerns involve the prospect of capital punishment for children accused of terrorist acts, separation from family members and legislative changes that lower the minimum age of criminal responsibility or enable authorities to revoke citizenship under specific circumstances.

UN experts, including the Special Rapporteur on human rights and terrorism, have highlighted concerns about the situation of children deprived of liberty in armed conflict and national security contexts, particularly in counter-terrorism settings. Major issues include the use of counter-terrorism measures that compromise children’s rights, the increasing tendency to label and treat children as security threats and the application of broad definitions of ‘association’ with armed groups that exceed those outlined in the Paris Principles.

The Global Study provides a comprehensive set of recommendations focusing on prevention and measures that states should adopt to protect children’s rights and well-being. It encourages the use of alternatives to detention, emphasizing that detention should be a measure of last resort.

II. Panel objectives

This panel aims to critically evaluate the progress and challenges encountered since the 2019 publication of the United Nations Global Study on Children Deprived of Liberty, with a particular focus on the chapters addressing armed conflict and national security contexts. By convening experts, practitioners and individuals with lived experiences, the discussion seeks to assess advancements in implementing the study’s recommendations over the past five years, identify ongoing obstacles and share successful strategies that have effectively prevented the deprivation of liberty of children in these contexts. The ultimate goal is to foster a nuanced understanding of the complexities involved and to promote the adoption of child-centred approaches that uphold international standards, prioritising the rights and well-being of children affected by armed conflict and national security measures.

III. Discussion threads

· Progress and obstacles: Assess advancements and challenges in implementing the Global Study’s recommendations over the past five years, focusing on the chapters related to armed conflict and national security.

· Current trends: Analyse recent developments in the detention of children in armed conflict and on national security grounds, identifying patterns and emerging issues.

· Children’s voices: Provide a platform for individuals who experienced detention as children to share their perspectives on how deprivation of liberty affected their reintegration and well-being.

· Impact of detention: Examine research findings on the effects of detention on children exiting armed groups or detained on national security grounds, discussing implications for policy and practice.

· Promising Practices: Highlight successful approaches that prioritise children’s rights in policy and practice, including access to justice and effective remedies in both armed conflict and national security strategies.

 

IV. Focus areas of panel members

1. Inspirational speech: Mr. Omar Khadr: Former detainee as a child at Guantanamo Bay; currently engaged with at-risk youth in Toronto, Canada (5 minutes)

Mr. Khader will share personal experiences of being detained as a child on national security grounds and discusses the long-term impacts of such detention on reintegration and mental health.

2. General overview of the situation of children deprived of liberty in national security contexts (10 Minutes)

Fionnuala D. Ní Aoláin: Former Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism (2017–2023).

Mr. Ni Aolain will provide an overview of the current situation of children deprived of liberty on national security grounds, discussing trends, challenges, and the intersection of counter-terrorism measures with children’s rights.

3. Child experiences in detention on national security grounds. (10 Minutes)

Mikiko Otani: Member of the Committee on the Rights of the Child. Ms. Otani will highlight promising practices and challenges in preventing the deprivation of liberty of children in armed conflict and under national security charges, emphasising the role of international legal frameworks.

4. Enhancing UN Monitoring and Reporting on Child Detention in Armed Conflict and National Security Contexts: Achievements and Areas for Improvement(10 Minutes)

Alec Wargo: Office of the Special Representative of the Secretary-General for Children and Armed Conflict (OSRSG-CAAC). Mr. Wargo will offer perspectives on UN efforts to monitor and report on the deprivation of liberty of children in armed conflict and national security contexts, highlighting successes and areas needing improvement.

5. Key Findings on Child Association with Designated Terrorist Groups in Indonesia, Iraq, and Nigeria: Policy and Practice Implications (10 Minutes)

Alexandra Souza Martins, United Nations Office on Drugs and Crime (UNODC).

Ms. Martins will share key findings from research studies conducted in Indonesia, Iraq, and Nigeria regarding children associated with groups designated as “terrorist,” discussing implications for policy and practice.

6. Evolving challenges: Analysing the Situation of Children Deprived of Liberty in Northeast Syria Post-Global Study (10 Minutes)

Jo Becker Advocacy Director, Children’s Rights Division, Human Rights Watch

Ms. Baker will provide an insight into the situation in Northeast Syria, analysing developments since the Global Study and ongoing concerns related to children deprived of liberty in this region.

Panel Moderator. Ms. Taghreed Jaber, Regional Director, Middle East and North Africa, Penal Reform International

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V. Breakout session day 2: 18 DEC 2024 11:00 – 15:00 (Lunchbreak 12:30-13:30)

Moderators: Ms. Taghreed Jaber (PRI) & Leo Ratledge (Director of CRIN)

Rapporteur: Romain Consiglio, Political Affairs Officer, United Nations Liaison Office for Children and Armed Conflict Europe, Office of the United Nations Special Representative for Children and Armed Conflict

Following the panel discussion, we will convene two breakout sessions to delve deeper into the issues surrounding the deprivation of liberty of children in armed conflict and national security contexts. These sessions aim to facilitate focused dialogues, allowing participants to share insights, experiences, and best practices. Our collective goal is to develop actionable recommendations that uphold children’s rights and well-being, ensuring that our strategies are both effective and aligned with international standards.

Suggested speakers at the first break out session:

· Bethany Ellis or Janine Morna, Representatives from Watchlist on Children and Armed Conflict (5 minutes)
Introduce the development and implementation of handover protocols, emphasising operational guidance and best practices for transferring children from military to civilian care.

· Representative from Kyrgyzstan (TBC), Government Official or Child Protection Expert. (5 minutes)
Presents national initiatives that place the best interests of the child at the center of national security responses, showcasing effective strategies and policies.

· Siobhan O’Neil, Head of the Managing Exits from Armed Conflict (MEAC) project, UN Institute for Disarmament Research (UNIDIR)(5 Minutes)
Explores research findings on the reintegration of children formerly associated with armed groups, addressing challenges and effective approaches.

· Invite members of the NGO Panel from different specific national context to speak about their national experience in the implementation of the Global Study recommendations and national action plans: Palestine, Yemen, Lebanon…

 

Key issues to be discussed in the breakout sessions:

1. Legal frameworks and compliance, through examining the alignment of national laws with international standards concerning the detention of children in armed conflict and national security contexts and Identifying gaps and inconsistencies in legal protections for children.

2. Alternatives to detention, explore non-custodial measures and community-based interventions as alternatives to detaining children. Highlight successful models and strategies for implementation.

3. National action plans for implementation of the Global Study’s recommendations.

4. Rehabilitation and reintegration, by addressing the challenges and best practices in rehabilitating and reintegrating children formerly associated with armed groups or detained on national security grounds. Encourage participants to consider psychosocial support, education and vocational training.

5. Oversight and accountability, by looking at mechanisms for monitoring detention conditions and ensuring accountability for violations of children’s rights and discuss the role of independent oversight bodies and civil society organisations. NIHR and NPMs

6. Capacity building and training, through identifying the training needs of law enforcement, judicial personnel and other stakeholders involved in handling cases of children in these contexts and their focus on promoting child-sensitive approaches and adherence to international standards.

7. Data collection and research, emphasise the importance of reliable data collection on the detention of children to inform policy and practice and discuss methodologies and challenges in gathering accurate information.

8. Advocacy and awareness, discuss adopted and potential strategies on raising awareness about the rights of children in armed conflict and national security situations and ways to mobilise public opinion and political will to effect change.

By focusing on these areas, the first breakout sessions can contribute to generate comprehensive recommendations to enhance the protection and well-being of children affected by armed conflict and national security measures to be adopted and finalised in the second breakout session.

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Side-event: Children deprived of liberty and impacted by armed conflict Case studies from Sudan, Lebanon, Yemen and Ukraine

Date/time: December 18, 2024 | 17:00-18:30 Room E

Languages: English-Arabic

Location: CICG, Geneva, Switzerland

1. Background and Rationale

Children are among the most vulnerable in armed conflicts and those deprived of their liberty are particularly exposed to violations of their rights. In conflict zones, children may already be imprisoned or detained as a direct result of the conflict. Their experiences are marked by abuse, lack of basic necessities, psychological trauma and exposure to violence. Protecting these children is a moral and legal obligation of the international community.

In conflicts such as those in Sudan, Lebanon, Yemen and Ukraine, children are often deprived of their liberty due to pre-existing imprisonment or as a result of their involvement in armed groups. They may be arbitrarily detained on security grounds, forcibly recruited as child soldiers, or detained for their association with opposition forces. These children suffer disproportionately in terms of their mental, physical and emotional well-being.

This roundtable will focus on both dimensions children already deprived of liberty before the conflict and those newly detained as a result of it. By exploring case studies from Sudan, Yemen and Ukraine, the event will shed light on the challenges faced by these children and propose ways to enhance their protection and reintegration.

2. Objectives of the Event

• Highlight the dual impact of armed conflict on children already in detention and those newly detained as a direct consequence of the conflict.
• Share case studies from Sudan, Lebanon, Yemen and Ukraine, illustrating the unique challenges faced by children in detention due to conflict.
• Discuss international legal frameworks and their implementation gaps, particularly concerning the protection of children from arbitrary detention in conflict situations.
• Explore best practices and strategies for the rehabilitation and reintegration of children deprived of liberty, ensuring that their rights are upheld.
• Provide concrete recommendations for national governments, humanitarian organisations and international bodies to improve the protection and reintegration of children in conflict zones.

3. Case Studies

Lebanon

The ongoing conflict in Lebanon has had a profound and devastating impact on children. Despite the November 27 ceasefire agreement, insecurity and access restrictions continue to hinder humanitarian efforts in southern Lebanon. Warnings from the Israeli Army against returning to 70 localities, coupled with the widespread presence of unexploded ordnance (UXO), further complicate relief efforts, particularly for children, who face significant risks of injury or death.

Approximately 64,000 children remain displaced, many of whom have been uprooted multiple times and are living in overcrowded shelters. Since October 8, 2023, the conflict has claimed the lives of 290 children and injured 1,430, while 60% report trauma symptoms, such as anxiety, distress, and learning difficulties. Education has been severely disrupted, with many schools damaged, repurposed as shelters, or closed due to insecurity.

Children in Lebanon are frequently detained in conditions that fail to meet international standards for protection and rehabilitation. A critical issue is the absence of specialized police officers trained to investigate juvenile cases. Additionally, there is a lack of dedicated juvenile detention facilities within police stations. This not only exposes minors to the risks of abuse but also hinders their chances of rehabilitation. Legal representation is another major concern, as lawyers are not mandatory in misdemeanor cases, leaving many minors without qualified defense. In the courtroom, specialized juvenile lawyers are scarce, and those appointed often lack the necessary expertise to navigate the complexities of juvenile justice, resulting in inadequate legal defense for minors.

The broader court process further exacerbates these challenges, as legal procedures and courtrooms are not tailored to the needs of children. Minors are subjected to environments and procedures that can exacerbate their trauma, with little attention given to their psychological and emotional well-being. Moreover, detention facilities are underfunded and overcrowded, offering few rehabilitative services such as education or psychological support. Children are often detained with adults, heightening the risks of exploitation and abuse. While legal reforms, such as the 2017 amendment to Article 47 of the Lebanese Code of Criminal Procedure, have aimed to improve protections for minors, the lack of consistent implementation of these reforms contributes to a cycle of neglect and leaves minors vulnerable to unfair treatment and long-term harm.

Yemen

The conflict in Yemen, ongoing since 2015, has had catastrophic effects on children. Over 11,000 children have been killed or maimed and 4,000 have been recruited by armed groups. The destruction of schools, hospitals and basic infrastructure has deprived millions of children of education and healthcare, leading to the spread of diseases such as cholera, diphtheria and measles. Over 2.2 million Yemeni children suffer from acute malnutrition due to a lack of food, clean water and healthcare services, while 500,000 are facing life-threatening conditions.

Detained children in Yemen, often imprisoned alongside adults, face greater risks of physical and sexual abuse, endure overcrowded facilities, poor healthcare and exposure to violence. The absence of legal representation and prolonged pre-trial detention are violations of their rights. Many children are at risk of being sentenced to death, particularly in cases where age verification systems have collapsed due to the conflict.

Several children who were released from detention months ago remain in detention centers due to the economic challenges faced by their families, who live in areas far from the detention centers. Additionally, the limited budget allocated to these centers has made it difficult to facilitate the children’s return to their families, as transporting them to other cities requires significant costs. The economic collapse in Yemen has led to widespread poverty and many children are vulnerable to exploitation through labor, with an increase in child labor. Additionally, girls, in particular, face high risks of early marriage due to the economic pressures on families.

Sudan

The broader impact of the conflict on children in Sudan is staggering. UNICEF estimates that over 13.6 million children across Sudan are in urgent need of humanitarian assistance due to conflict. Of these, more than 3.6 million children have been displaced from their homes. The war has disrupted education for nearly 7 million children, with over 4,000 schools either destroyed or non-functional. Additionally, the conflict has worsened malnutrition rates, with 2.5 million children currently suffering from acute malnutrition, including 500,000 children facing severe acute malnutrition, putting them at risk of death without urgent medical intervention.

In Sudan, children are often detained as a result of their perceived association with armed groups or opposition forces. Conflict zones, particularly in Darfur and West Kordofan, have seen an increase in the recruitment of children as soldiers and the arbitrary detention of minors. The Sudanese justice system has been overwhelmed, resulting in long detention periods and a lack of legal representation for children.

Children in detention suffer from poor conditions, including inadequate access to medical and psychological care. Humanitarian organisations face severe restrictions, making it difficult to provide essential services to these children. The war has further exacerbated these challenges, leaving children in detention even more vulnerable.

Ukraine

Since the escalation of the conflict in Ukraine in 2022, over 5 million children have been affected, with 1.5 million displaced from their homes. The war has severely disrupted education, with 7 million children losing access to school. The psychological impact on children has been immense, with 1.5 million in need of psychosocial support.

Children in detention have faced particularly harsh conditions, often held in adult facilities or accused of being spies or collaborators. Hundreds of children have been arbitrarily detained, subjected to inhumane treatment, and denied access to healthcare and legal representation. These actions constitute significant violations of their rights under international law, including the Convention on the Rights of the Child.

4. Proposed Agenda

Paper 1: Children in Conflict: The Unique Challenges Faced by Detained Children During Armed Conflict

This paper will explore the conditions of children already deprived of liberty when armed conflict breaks out. It will focus on how access to food, healthcare and safety deteriorates in conflict zones, with case studies from Sudan illustrating these challenges.

Paper 2: Children of War: The Arbitrary Detention of Child Soldiers and Civilians in Conflict Zones

Focusing on the arbitrary detention of children involved in or associated with armed groups, this paper will highlight the situations in Ukraine and Yemen. It will discuss the lack of due process and the harsh treatment children face when detained during conflict.

Paper 3: Gaps and Challenges in International Legal Protections for Children Deprived of Liberty During Conflict

This paper will assess international legal frameworks such as the Convention on the Rights of the Child and the Optional Protocol on the Involvement of Children in Armed Conflict, highlighting gaps in enforcement and challenges in holding violators accountable.

Paper 4: From Prison to Possibility: Rehabilitation and Reintegration Strategies for Conflict-Affected Children

This paper will focus on successful rehabilitation and reintegration programmes for children affected by detention in conflict zones, with case studies from Yemen. It will emphasise the role of psychosocial support, education and vocational training in preventing recidivism and promoting healing.

5. Target Audience

• National and international government representatives focused on children’s rights, conflict resolution and humanitarian aid.
• International organisations and UN mechanisms including UNICEF, Office of the Special Representative of the Secretary-General for Children and Armed Conflict (SRSG-CAAC), Working Group on Children and Armed Conflict, UN Office for the Coordination of Humanitarian Affairs (OCHA), CRC, ICRC
• International and local civil society organisations.
• Legal and human rights experts, advocates and academics specialising in child protection in conflict zones.
• Media professionals and journalists focused on human rights violations and child protection in conflict-affected areas.

6. Expected Outcomes

• Increased awareness of the challenges faced by children deprived of liberty during armed conflict, particularly in Sudan, Yemen, and Ukraine.
• Enhanced understanding of the dual impact of conflict on children already in detention and those newly detained.
• Concrete recommendations for governments and international bodies to address the detention of children in conflict zones and strengthen protection mechanisms.
• Development of strategies for the rehabilitation and reintegration of children affected by conflict-related detention, including psychosocial support, education, and vocational training.
• Strengthened collaboration among international organisations, governments and civil society to safeguard the rights of children deprived of liberty in conflict settings.