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Resolution 2321 (2020)
International obligations concerning the repatriation of children from war and conflict zones
1. The Parliamentary Assembly is appalled
by the dire situation of children in Syria and Iraq whose parents, believed
to be affiliated with Daesh, are citizens of Council of Europe member
States. Most of these children are below the age of 12, stranded
in squalid camps and detention centres and lack food, shelter from
the elements, access to clean water, medical services and education.
They are exposed to risks of endemic violence, exploitation and
sexual abuse, trafficking, harassment and radicalisation. Girls
are especially vulnerable and gender-sensitive approaches and policies
must be ensured to mitigate risks and exposure. Many of these children
are unaccompanied and/or orphans. More children’s lives will be
lost or ruined every day unless the member States concerned act
without further delay.
2. The Assembly acknowledges the significant difficulties and
challenges national authorities face in their efforts to repatriate
these children, as well as the existence of highly polarised opinions
within Council of Europe member States on the question of repatriation.
The Assembly underlines that these children are neither responsible
for the actions of their parents nor for the circumstances in which
they find themselves. In addition, as stipulated by the United Nations
Convention on the Rights of the Child (UNCRC), the Assembly underlines that
children are rights holders in their own capacity and hence their
rights cannot be undermined by the actions of their parents.
3. The Assembly recalls that all Council of Europe member States
have ratified the UNCRC, as well as other relevant conventions,
and have thus undertaken to protect all children and to take all
possible steps in practice to ensure that children affected by armed
conflict benefit from protection and care. The United Nations, its
Security Council and its agencies have all reiterated that children
whose parents are believed to have been affiliated with Daesh should
be considered victims first and foremost.
4. The Assembly underlines that the UNCRC clearly stipulates
that children should not be separated from their parents against
their will, unless such a separation is necessary for the best interest
of the child. Continued stays in camps or detention facilities cannot
be considered to be in the best interest of the child.
5. The Assembly reminds member States of their obligations and
commitments to these children, stemming from international and European
human rights and humanitarian law, which include, but are not limited
to, protection of the right to life; the right not to be treated
inhumanely; protection from all forms of physical or mental violence,
injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse; protection from statelessness;
as well as the need to give primary consideration to the best interest
of the child in all circumstances. States are also obliged to set
up effective procedures for the establishment of social programmes
to provide necessary support for the child and for those who have
the care of the child, and take all appropriate national, bilateral
and multilateral measures to prevent the abduction or sale of, or
traffic in, children for any purpose or in any form.
6. In the light of the above, the Assembly is convinced that
actively repatriating, rehabilitating and (re-) integrating these
children without further delay are human rights obligations and
a humanitarian duty. Integrating a child-rights perspective into
counter-terrorism efforts is not only a human rights imperative
but it would also constitute an essential contribution towards the
national security of the countries concerned.
7. The Assembly calls on the media to ensure that media coverage
does not place children at risk of physical or psychological harm.
Media and publication standards, codes of conduct and other safeguards should
be implemented to prevent placing children at risk, violating confidentiality
standards and otherwise causing harm to the children or their families,
as underlined by the Principles and Guidelines on Children Associated
with Armed Forces or Armed Groups (Paris Principles).
8. To this end, the Assembly urges member States to:
8.1. with respect to repatriation:
8.1.1. take all necessary measures to ensure immediate repatriation
of all children whose parents, believed to be affiliated to Daesh,
are citizens of their State, regardless of their age or degree of
involvement in the conflict;
8.1.2. repatriate children together with their mothers or primary
care givers, unless it is not in the best interest of the child;
8.1.3. avoid taking measures which could result in a child becoming
stateless, including by ensuring that every child is registered;
8.1.4. provide urgent assistance to all children in the camps
and detention centres in Syria and Iraq with a view to alleviating
the humanitarian crisis in these facilities, and to delivering sustainable
care and protection to all child victims regardless of their nationality;
8.1.5. raise public awareness of the situation of the children
concerned, based on reliable data, with a view to alleviating public
concerns related to national security;
8.2. with respect to rehabilitation and (re-)integration:
8.2.1. take all necessary measures to ensure the effective rehabilitation
and (re-)integration of all returnee children whose parents, believed
to be affiliated to Daesh, are citizens of their State;
8.2.2. first and foremost, take all appropriate measures to promote
the physical and psychological recovery and social (re-)integration
of these children, regardless of their age or degree of involvement
in the conflict;
8.2.3. where children are suspected of having committed criminal
acts, adhere to due process and fair trial standards, including
the presumption of innocence and the right to an appeal, with the
appropriate consideration for age and gender, conforming to child-protection
and child-friendly justice standards; if possible, divert children
from such criminal proceedings altogether.
9. The Assembly urges the European Union to integrate a human
rights approach and a children’s rights perspective into its counter-terrorism
efforts. This perspective must be at the heart of the policy of
“promoting the European way of life”, protecting European citizens
and values and enabling the emergence of a society that is more
resilient to terrorism and radicalism. The Assembly encourages the
European Union to continue its support for those involved in the
rehabilitation and (re-)integration of repatriated children (justice
systems, social services, local governments, universities, civil
society, etc.) and invites it to share the results and lessons learned
with all Council of Europe member States.