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operations for their alleged association with parties to conflict. Detention has also
been employed as a tactic to recruit and use children as spies and for intelligence gathering purposes, which puts them at serious risk. The detention of children
should always be a last resort, for the shortest time possible and guide d by the best
interests of the child. If they are accused of a crime during their association with
armed groups, children should be processed by the juvenile justice system rather
than military courts, which frequently fail to apply the relevant juvenile j ustice
standards and due process. Of greatest concern are reports that children allegedly
associated with non-State armed groups have been sentenced to death,
notwithstanding the stipulation under the Convention on the Rights of the Child that
capital punishment or life imprisonment without the possibility of release may not
be imposed on juvenile offenders.
22. All too often counter-terrorism strategies are implemented without regard for
the long-term effects the policies may have. Prolonged detention is not only
detrimental to the development of the child, who misses out on crucial years of
education, but also for society as a whole. The effective reintegration of children
who are allegedly associated with non-State armed groups must be the primary
response since it is essential for their well-being and to ensure long-term peace and
security. These children should be primarily treated as victims, as the majority have
suffered ill treatment and violations. The Special Representative calls upon Member
States to develop operating procedures to expeditiously hand over children who are
captured or who surrender in the course of military operations to child protection
actors to reintegrate them into their communities. Upon return, such children are
often stigmatized, and sufficient resources should be allocated for their
reintegration. Resources and assistance should also be given to the receiving
communities to support reintegration efforts.
23. Throughout the reporting period, the Special Representative continu ed to
remind Member States of their obligations under international law, in particular
during addresses to the General Assembly and the Security Council. In October
2015, she participated in the sixth high-level retreat on the promotion of peace,
security and stability in Africa, convened by the African Union, on the theme
“Terrorism, mediation and non-State armed groups”. On the margins of the
International Forum on Peace and Security in Africa, held in Dakar in November
2015, the Special Representative met with the newly appointed National Security
Adviser of Nigeria, who expressed interest in working to improve the protection of
children separated from Boko Haram. During the same event, she met with the
Force Commander of the Multinational Joint Task Force and advocated for
enhanced protection of children in Task Force operations against Boko Haram.
24. During the reporting period, the Office of the Special Representative also
joined the Working Group on Promoting and Protecting Human Rights and the Rule
of Law while Countering Terrorism of the Counter-Terrorism Implementation Task
Force, with the aim of further mainstreaming the protection of children. The Special
Representative will continue contributing to the dialogue and work of the General
Assembly, Security Council and Human Rights Council and of the Secretary General regarding violent extremism in the coming year to ensure that the
protection of children is a priority in national, regional and international responses.
In that regard, the Special Representative urges the Assembly to prioritize the
protection of children and to take into account the above -mentioned elements in the
upcoming review of the United Nations Global Counter -Terrorism Strategy.
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