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WORLD: Children in armed conflicts, the UN and the European Union

Children in armed conflicts, the UN and the EU

By Willy Fautré

European Times (04.12.2023) – In 2022, a total of 2,496 children, some as young as 8-years-old, were verified by the United Nations as detained for their actual or alleged association with armed groups, including groups designated as terrorists by the U.N. The highest numbers were recorded in Iraq, in the occupied West Bank, including East Jerusalem, and in the Syrian Arab Republic.

These figures were highlighted by Anne Schintgen at the European Parliament during a conference titled “Children Deprived of Liberty in World” organised on 28 November by MEP Soraya Rodriguez Ramos (Political Group Renew Europe). A number of high-level experts had been invited as panelists to speak about their respective areas of expertise:

Manfred Nowak, former UN Special Rapporteur on Torture and an independent expert that led the elaboration of a UN Global Study on Children Deprived of Liberty;

Benoit van Keirsbilck, a member of the UN Committee on the Rights of the Child;

Manu Krishan, Global Campus on Human Rights, researcher with expertise in children’s rights and best practices;

Anne Schintgen, Head of the European Liaison Office of the Special Representative of the UN Secretary General for Children and Armed Conflict;

Rasha Muhrez, Syria Response Director for Save the Children (online);

Marta Lorenzo, Director of the UNRWA Representative Office for Europe (United Nations Relief and Works Agency for Palestine Refugees in the Near East).

UN Report on Children in Armed Conflict

Manfred Nowak, former UN Special Rapporteur on Torture and an independent expert that led the elaboration of a UN Global Study on Children Deprived of Liberty, was invited to the conference at the European Parliament and stressed that 7.2 million children are in various ways deprived of freedom in the world.

He referred in particular to the report of the UN Secretary General about children in armed conflict addressed to the 77^th Session of the UN General Assembly Security Council (A/77/895-S/2023/363) on 5 June 2023, which was saying:

“In 2022, children continued to be disproportionately affected by armed conflict, and the number of children verified as affected by grave violations increased compared with 2021. The United Nations verified 27,180 grave violations, of which 24,300 were committed in 2022 and 2,880 were committed earlier but verified only in 2022. Violations affected 18,890 children (13,469 boys, 4,638 girls, 783 sex unknown) in 24 situations and one regional monitoring arrangement. The highest numbers of violations were the killing (2,985) and maiming (5,655) of 8,631 children, followed by the recruitment and use of 7,622 children and the abduction of 3,985 children. Children were detained for actual or alleged association with armed groups (2,496), including those designated as terrorist groups by the United Nations, or for national security reasons.”

The mandate of the UN Special Representative for Children in Armed Conflict

The Special Representative who is currently Virginia Gamba serves as the leading UN advocate for the protection and well-being of children affected by armed conflict.

The mandate was created by the General Assembly (Resolution A/RES/51/77) following the publication, in 1996, of a report by Graça Machel titled the “Impact of Armed Conflict on Children”. Her report highlighted the disproportionate impact of war on children and identified them as the primary victims of armed conflict.

The role of the Special Representative for Children and Armed Conflict is to strengthen the protection of children affected by armed conflict, raise awareness, promote the collection of information about the plight of children affected by war and foster international cooperation to improve their protection.

Detention of children in Iraq, DR Congo, Libya, Myanmar Somalia

Six grave violations affecting children in times of conflict were highlighted by Anne Schintgen, a member of the conference panel: recruitment and use of children for combating, killing and maiming children, sexual violence, attacks on schools and hospitals, abduction and denial of humanitarian access.

Additionally, the UN is monitoring the detention of children for their actual or alleged association with armed groups.

In this regard, she named a number of countries of particular concern:

In Iraq in December 2022, 936 children remained in detention on national security-related charges, including for their actual or alleged association with armed groups, primarily Da’esh.

In the Democratic Republic of the Congo, the UN verified in 2022 the detention of 97 boys and 20 girls, between the ages of 9 and 17, for their alleged association with armed groups. All children have been released.

In Libya, the UN received reports of the detention of some 64 children, with their mothers, of several nationalities, for their mothers’ alleged association with Da’esh,

In Myanmar, 129 boys and girls were detained by the national armed forces.

In Somalia, a total of 176 boys, of which 104 were released and 1 was killed, were detained in 2022 for their alleged association with armed groups.

Children should be primarily considered as victims of violations or abuses of their rights rather than as perpetrators and a security threat, Anne Schintgen said, stressing that the detention of children for their alleged association with armed groups is an issue in 80% of the countries covered by the UN Children and Armed Conflict mechanism.

Deportation of Ukrainian children by Russia

During the debate following the presentations of the panelists, the issue of the deportation of Ukrainian children by Russia from the Occupied Territories was raised. Both Manfred Nowak and Benoit Van Keirsblick, a member of the UN Committee on the Rights of the Child invited as a panelist, expressed their deep concerns about this situation.

In a report titled “Ukrainian Children in Search of Way Home from Russia” published in three languages (English, Russian and Ukrainian) on 25 August 2023, Human Rights Without Frontiers stressed that the Ukrainian authorities had a nominative list of about 20,000 children deported by and to Russia who are now being russified and educated in an anti-Ukrainian mindset. However, many more have been taken away from the territories occupied by Russia.

As a reminder, on 17 March 2023, the Pre-Trial Chamber of the International Criminal Court in The Hague issued arrest warrants for Russian President Vladimir Putin and Russia’s Commissioner for Children’s Rights Maria Lvova-Belova on their responsibility in the deportation of Ukrainian children.

A call for the EU

The experts invited to the conference encouraged the European Union to ensure that the topic of conflict affected children is systematically integrated and advanced in its wide range of external actions.

They also urged the EU to include the issue of the detention of children for their alleged association with armed groups in its Guidelines on Children and Armed Conflict that are currently being revised.

And MEP Soraya Rodriguez Ramos concluded by saying “The parliamentary own-initiative report that I am leading and which will be voted on December’s plenary session is an opportunity to give visibility to the suffering of millions of children deprived of liberty in the world and to call the international community for action and the effective commitment to put an end to it.”

Photo credit: @UNRWA_EU

EU: COMECE advocates for confessional religious education

COMECE (06.11.2023) – COMECE welcomes the resolution on the system of European Schools adopted by the European Parliament last September. The resolution insists on “maintaining the current provision of religious and ethical education”.

Last September, the European Parliament adopted its resolution “System of European Schools – state of play, challenges and perspectives”, on the current stand of these educational institutes, which aim to provide quality education to children of EU institutions’ staff members.

The Commission of the Bishops’ Conferences of the European Union (COMECE) welcomes the European Parliament’s resolution insisting “on maintaining the current provision of religious and ethical education”.

COMECE advocates for the importance of confessional religious education at all levels of learning, stressing its fundamental role for “the integral development of young people, allowing them to delve into questions of belief, spirituality, life and meaning. Educating children on religion is an important factor also for religious literacy in the European Union”, COMECE General Secretary Fr. Manuel Barrios Prieto states.

The European schools provide a multilingual and multicultural education for pupils at nursery, primary and secondary levels, including classes in Religious Education and Ethics at all grades.

The competent bodies of European Schools are currently discussing reforms that could change the provision of religious education in the last two secondary school years.

As part of its mission of dialogue with the EU institutions under Article 17 TFEU, COMECE is addressing such proposed changes with the General Secretariat of the Schools.

Moreover, the Secretariat of COMECE regularly cooperates with parents, coordinators and other Churches and religious communities (Catholic, Protestant, Orthodox, Jewish and Muslim) responsible for religious education in these schools. In 2023, it was actively involved in organising two meetings between religious authorities and the European Schools’ Secretariat in Brussels, kickstarting a series of regular meetings to foster constructive and transparent dialogue on the educational dossier.

Besides specific reference to Religious Education, the European Parliament also calls the European Schools to strengthen educational and pedagogical standards, resolve critical resourcing issues and teacher shortages, and carry out a review of the governance and management structures of the Schools.

COMECE will keep on following the next steps in the European Schools activities, for instance concerning the allocation of Religious Education teachers, and will do so in the context of its work in the policy area of Culture and Education.

Further reading about FORB in the EU on HRWF website

EU: Antisemitism in Europe reaching levels unseen in decades, says top Rabbi

Photo : Antisemitic and anti-Muslim acts in France (screenshot LCI)

EU: Antisemitism in Europe reaching levels unseen in decades, says top Rabbi

By Maria Psara

EURONEWS (25.10.2023) – European Jews are afraid following a spike in antisemitic attacks sparked by the latest Israel-Hamas war despite authorities increasing protection, Rabbi Menachem Margolin, the chairman of the European Jewish Association, has told Euronews.

The Rabbi said the increase in such incidents, which include physical and verbal aggression, is something that has not been seen for decades.

“We do get a lot of information, a lot of calls, a lot of emails from Jewish people from Europe, both individuals in the institutions, synagogues, schools,” Margolin told Euronews.

“People see in the street that they get much more remarks, many more bad looks, hatred, looks and call for death and physical incitement.”

According to figures compiled by the Anti-Defamation League and released on Tuesday, nearly 590 antisemitic incidents have been reported to French police since October 7, when Hamas launched a deadly attack against Israel. In Germany, the number of such incidents has risen by 240% compared to the same period last year, while in Austria they have gone up by 300%.

Some of the incidents listed include the destruction of Israeli flags, the vandalisation of Jewish monuments and sites, graffiti, and death threats.

The Rabbi said that many people are now taking extra precautions to protect their families from hate crimes.

“There are many, many people now who will secure their doors, install cameras, change the windows to bulletproof windows,” he explained.

“They tried to fireproof doors and yet many people know it is not enough.”

As the chairman of the European Jewish Association explained, the main tool for hate messages is social media. He wants better editorial control to be exerted over such content and for better education against racism.

The European Commission has raised concerns about the increase in hate speech and hate crimes targeting both Jewish and Muslim communities in Europe and has made their safety a top priority.

Further reading about FORB in the EU on HRWF website

EU-INDIA: Religious freedom in the context of a Free Trade Agreement

HRWF (21.09.2023) – On 19 September, the DROI committee held an exchange of views on the human rights dimension of the negotiations on an EU-India Free Trade Agreement. In preparation, the London Story Foundation has compiled an overview of evidence on religious freedom concerns associated with the India Free Trade Agreement, with accompanying recommendations.

Situation of religious minorities

India is witnessing a steep marginalisation and curtailment of rights of its religious minorities through laws, while political leaders actively incite further violence against minorities by engaging in hate speech.68 In 2021, a panel of independent experts under the guidance of former International Criminal Court prosecutor Fatou Bensouda found credible evidence of crimes against humanity committed in India against its Muslim minorities.69 The Early Warning Project in 2023 ranks India 8th highest risk of concern for mass atrocities against religious minorities among 162 countries.70

In ongoing violence in Manipur, North-East India, over 120 people have lost their lives.71 This armed conflict started in May 2023 and has strong religious elements, with at least 250 churches being destroyed.72 On September 4, UN human rights experts issued a press release expressing their alarm over the scale of human rights violations involved in the Manipur violence and at the “inadequate humanitarian response” in its wake.73 They said the situation was “grave” and pointed out that it has involved alleged acts of “sexual violence, extrajudicial killings, home destruction, forced displacement, torture and ill-treatment”.74
There is evidence of widespread violence in India against people on grounds of protected characteristics, especially religion. Such targeted violence disproportionately affects religious minorities. Of over 19014 verified victims of communal violence, physical assaults, and lynching since 2017 (status: August 2022), the majority (86.7%) are Muslims.75 Violence against Christians also rose by 81% between 2020 and 2021.76 More than 2000 Christians were attacked and injured in the first nine months of 2021.77 Additionally, Hindu supremacist groups have called for economic boycotts of Muslim vendors.78

Identity of victims: Muslims: 16 477 – Christians: 1653 – Hindus: 183 – Other: 701. Source: Foundation The London Story (2022)

India is systematically excluding its minority population in violation of religious freedoms enshrined in the ICCPR. The Citizenship Amendment Act 2019 (CAA) allows the government to fast-track asylum claims of irregular immigrants from specific communities.79 The OHCHR called the CAA “fundamentally discriminatory in nature”, as it adds a religious criterion to citizenship and specifically excludes Muslims.80 Home Minister Amit Shah announced that a National Registry of Citizens (NRC) would be conducted for the whole of India.81 In Assam, the NRC has already rendered 1.9 million citizens stateless.82 The NRC coupled with the CAA risks mass statelessness of Muslims and other marginalised groups, leading to mass protests across the country that were brutally quelled. 83
India grossly discriminates against its minority population through laws, in violation of the fundamental freedom of religion in Article 18 of the ICCPR. 23 out of 29 states in India have introduced laws criminalising cow slaughter, trade, and consumption of beef with harsh sentences.84 In the state of Gujarat, the punishment for cow slaughter was increased to life imprisonment. Several BJP-ruled states have passed laws requiring governmental permission for religious conversion for marriage, which are justified with reference to the conspiracy theory that Muslim men trick Hindu women into conversion.85 Such laws violate the right to family life (Article 23) and right to freedom of religion (Article 18) in the ICCPR. Such laws have also emboldened vigilante groups, who engage in extrajudicial violence against people from religious minorities in response to alleged violations of these laws.86

Short-term risks

Worsening persecution of religious minorities places India at the risk of mass atrocities, which is already visible in the ongoing armed conflict in Manipur.87 Violence against Muslim vendors, traders and business people, and calls for boycott against minority businesses, create potentially serious concerns for the consequences of increased trade moving forward.88 Given that the EU does not traditionally consider religious minorities stakeholder groups in their human rights impact assessments, the risks for this stakeholder group are not yet known, and urgent research is needed to identify and mitigate potential harms. This lack of awareness can result in inadequate protection of the rights and well-being of religious minorities.

Recommendations in the context of the Free Trade Agreement

47.The EU and India should both conduct a comprehensive human rights and sustainability impact assessment (HRIA) before continuing further negotiations. The HRIA should consider the impact on vulnerable and often discriminated groups, especially on religious minorities. This should particularly examine the effects of economic boycotts of Muslims ongoing in India.

The EU and India should give explicit mention to the rights of gender, sexual, religious and ethnic minorities and caste-oppressed groups, as minority groups all benefit from equal rights and protections. Otherwise, the mention of minority rights risks being a box-ticking exercise.
The EU and India should jointly commit to repealing discriminatory laws, i.e. laws that prohibit the free choice of religion under the guise of preventing involuntary conversions. Discriminatory laws that restrict the free choice of religion can be used as tools of religious persecution and violate the right to equality and freedom of choice.

Footnotes

68 The Wire (2020), Anurag Thakur Leads Crowd to Chant ‘Shoot the Traitors’, https://thewire.in/politics/anurag-thakur-delhi-chants

69 Centre for Human Rights, University of the Free State (June 2022), Report of the Panel of Independent International Experts (PIIE) to examine information about alleged violations of international law committed against Muslims in India since July 2019, https://www.ufs.ac.za/docs/librariesprovider21/default-document-library/piie-report-final.pdf?sfvrsn=62 4e4920_0

70 Early Warning Project (2022), Countries at Risk for Mass Killing 2022–23: Early Warning Project Statistical Risk Assessment Results, https://earlywarningproject.ushmm.org/reports/countries-at-risk-for-mass-killing-2022-23-early-warning -project-statistical-risk-assessment-results

71 European Parliament (2023), European Parliament resolution of 13 July 2023 on India, the situation in Manipur, https://www.europarl.europa.eu/doceo/document/TA-9-2023-0289_EN.html
72 Foundation The London Story (2023), Background Dossier on Ethno-Religious Violence and Human Rights Abuses in Manipur, India, https://thelondonstory.org/report/background-dossier-on-ethno-religious-violence-and-human-rights-ab uses-in-manipur-india/

73 OHCHR (2023), India: UN experts alarmed by continuing abuses in Manipur, https://www.ohchr.org/en/press-releases/2023/09/india-un-experts-alarmed-continuing-abuses-manipu r
74 OHCHR (2023), India: UN experts alarmed by continuing abuses in Manipur, https://www.ohchr.org/en/press-releases/2023/09/india-un-experts-alarmed-continuing-abuses-manipu r

75 The London Story (2022), UPR Cycle IV India Factsheet, https://thelondonstory.org/wp-content/uploads/UPR-Cycle-IV-India-Factsheet-1.pdf
76 National Herald (2022), Violent attacks against Christians up by 81 per cent since 2020, 505 incidents in 2021, https://www.nationalheraldindia.com/india/violent-attacks-against-christians-up-by-81-per-cent-since-2 020-505-incidents-in-2021
77 DW (2021), Why are Christians being targeted in India? https://www.dw.com/en/why-are-attacks-on-christians-increasing-in-india/a-60293867
78 Kaushik Raj (2023), Indian Muslims in Haryana face calls for economic boycott after violence, AlJazeera, https://www.aljazeera.com/news/2023/8/12/muslims-in-haryana-face-calls-for-economic-boycott-after- violence-in-nuh

79 USCIRF (2020), The Citizenship (Amendment) Act in India,

https://www.uscirf.gov/resources/factsheet-citizenship-amendment-act-india

80 United Nations (2019), New citizenship law in India ‘fundamentally discriminatory’: UN human rights office, https://news.un.org/en/story/2019/12/1053511
81 The Hindu (2019), Centre plans NRC exercise all over the country: Amit Shah, https://www.thehindu.com/news/national/nrc-process-to-be-carried-out-in-entire-country-says-amit-sha h-in-rajya-sabha/article61670698.ece

82 Foundation The London Story (2021), Assam Dossier, https://thelondonstory.org/2021/09/20/assam-dossier-2021/
83 PUDR (2019), Bloody Sunday, https://pudr.org/sites/default/files/2019-12/Jamia%20Report%202019%20for%20screen.pdf

84 The Wire (2021), Book Excerpt: The Many Anti-Muslim Laws Brought in By the Modi Government, https://thewire.in/politics/price-of-the-modi-years-book-excerpt
85 AlJazeera (2021), India’s ‘love jihad’ laws: Another attempt to subjugate Muslims, https://www.aljazeera.com/opinions/2021/1/15/indias-love-jihad-laws-another-attempt-to-subjugate-mu slims

86 Mahibul Hoque (2023), Muslim man with mental health conditions lynched in Assam, Maktoob Media, https://maktoobmedia.com/latest-news/muslim-man-with-mental-health-conditions-lynched-in-assam/; Sukrita Baruah (2023), 4 lynchings in a month in Assam, DGP tells team to act ‘irrespective of caste, creed, religion, Indian Express, https://indianexpress.com/article/india/assam-4-lynchings-dgp-8897182/

87 Early Warning Project (2022), Countries at Risk for Mass Killing 2022–23: Early Warning Project Statistical Risk Assessment Results, https://earlywarningproject.ushmm.org/reports/countries-at-risk-for-mass-killing-2022-23-early-warning -project-statistical-risk-assessment-results

88 CSW (2023), CSW input to the Trade Sustainability Impact Assessment of the EUIndia trade and investment agreements, https://www.eu-india-tsia.eu/_files/ugd/70e9b1_edae9a42a886427180d0c9510ad1078c.pdf

Source: Foundation The London Story (2022)

Further reading about FORB in the EU and in India on HRWF website

EUROPEAN UNION: The EU and transitional justice for ending impunity

The EU and transitional justice

Speech delivered on 28 July 2023 at a conference about Transitional Justice at the National 228 Memorial Museum

By Willy Fautré, Human Rights Without Frontiers

HRWF (02.08.2023) – Ending impunity for serious crimes against human rights and humanitarian norms is an important EU and UN objective. It is essential in overcoming the legacy of past conflicts and in building the basis of stable, peaceful societies, as shown by the experience of societies that have taken the democratic path in recent decades.

Historical background

The field of transitional justice emerged in the late 1980s and early 1990s, in response to the political transitions that took place during that time in Latin America and Eastern Europe.

The implementation of transitional justice measures depended on the national context, varying greatly, e.g. among former communist regimes. Today, the focus of transitional justice mechanisms has moved to countries afflicted by conflicts in Africa and Asia.

The International Criminal Court (ICC), established in 2002, aims to complement national systems where these are unable to bring to justice for serious crimes those in the highest positions of responsibility.

Transitional justice aims both at holding those responsible for serious crimes to account, at providing redress to victims, as well as at building fairer and resilient justice systems able to secure reconciliation and the transition to democracy. It includes several measures:

Prosecution of leaders and high officials of former regimes: Communist leaders in some eastern European countries and leaders of military juntas in Latin America faced justice in their countries: in Argentina (with a verdict in 1985) or in Guatemala where the verdict was finally invalidated in 2013 .

In other cases, former president of Serbia died before his conviction and former president of Côte d’Ivoire was acquitted after standing trial in international tribunals.

Prosecution took place independently of rank, of perpetrators of grave crimes, particularly genocide: Rwanda. (1994).

Lustration policies included vetting procedure before holding public office. These were central to the efforts of former communist countries in Europe (such as Germany, Czechia and Estonia), in overcoming their past and building stable democracies, but they were not free of judicial controversy regarding the concordance of lustration laws with human rights.

Truth initiatives ranged from the opening of secret services archives (as in former communist countries) to the Truth Commission in South Africa, (1995), while in Cambodia in 1995, a NGO assumed the task of preserving the memory of genocide.

Rehabilitation and redress for those convicted on political grounds or for persecuted groups.

Amnesty: This is the most controversial approach to transitional justice, as it precludes justice for victims, but it can be instrumental in ending bloody conflict. However, amnesty cannot apply in serious crimes against humanity and other similar crimes, as made clear in a number of landmark decisions of the Inter-American Court of Human Rights. In Latin America, amnesty was granted broadly to allow transition, but amnesty laws were later struck down for grave crimes in Argentina (2003), Guatemala (1996) or Peru (2019), although not in Brazil.

European Union action

The EU is an important player in the field of transitional justice. It has developed a comprehensive approach to help non-EU countries implement transitional justice.

Closing the accountability gap, fighting impunity and supporting transitional justice is among the priorities of the EU action plan on human rights and democracy for 2020-2024.

An EU policy framework on support to transitional justice provides guidance for both EU institutions and Member States, based on the main UN elements :

in terms of criminal justice: the EU supports

the reform of national criminal legislation and alternative ways (mediation or traditional courts) to provide justice;

in terms of search for truth: the EU promotes truth-seeking initiatives based on international law and best practice;
in terms of reparations: the EU encourages a participatory, victim-focused approach to reparations;
in terms of guarantees of non-recurrence/institutional reform:

The EU opposes amnesties for war crimes, crimes against humanity, genocide or gross violations of human rights, in line with the UN position.

The EU supports the ICC; it helps countries in situations of fragility and provides financial support for transitional justice initiatives and related issues.

The EU has put in place multiannual funding programs with partner countries including Burundi, Central African Republic, Colombia, Rwanda, South Sudan and The Gambia.

European Parliament position

The European Parliament has repeatedly underlined the need to put an end to impunity for grave crimes under international law.

In a March 2019 resolution on building EU capacity on conflict prevention and mediation, the Parliament declared that a pool of experts covering reconciliation and transitional justice was needed at EU level.

In another resolution in January 2021, the Parliament proposed to establish an EU Special Representative on International Humanitarian Law and International Justice and underlined the need to ensure justice for all victims of violations of international human rights and humanitarian law.

A recent resolution in February 2022 called for the promotion of transitional justice processes empowering civil society, victims, marginalised and vulnerable populations, increasing the role of women and young people in transitional justice.

Transitional justice measures do not only address past atrocities but they are also forward-looking.

As the armed conflict in Ukraine is ongoing and atrocities continue to be committed systematically, it is important to keep documenting the human rights violations perpetrated by Russia, the aggressor country, not only for accountability purposes, but also to know the truth of what happened and help determine the type and form of reparations.

If there is a peace agreement, the inclusion of transitional justice issues will be important but there may not be any negotiations and any peace agreement as in the case on the Korean Peninsula 60 years ago. In such a case of a stuck or frozen conflict, Europol, Interpol and the International Criminal Court will have to unite their efforts to hunt and prosecute Russian war criminals until the last one as long as they will be alive as it happened to the Nazi criminals of World War II.

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