Observación (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - República Árabe Siria (Ratificación : 2003)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced recruitment of children for use in armed conflict. The Committee notes from the Report of the Secretary-General on children and armed conflict to the United Nations (UN) Security Council, January 2014 (Report of the Secretary-General, January 2014) that the Syrian Arab Republic adopted a series of legislative reforms such as Law No. 11/2013 which criminalizes all forms of recruitment and the use of children under the age of 18 years by armed forces and armed groups, including taking part in direct combat, carrying and transporting weapons or equipment or ammunition, planting explosives, standing at checkpoints or carrying out surveillance or reconnaissance, acting as human shields or assisting and/or serving the perpetrators in any way or form.

However, the Committee notes the information contained in the Report of the Secretary-General to the UN Security Council on children and armed conflict, May 2014 (A/68/878-S/2014/339) (Report of the Secretary-General, May 2014) that numerous armed groups in Syria, including the Free Syrian Army affiliated groups (FSA), the Kurdish People Protection Units (YPG), Ahrar al-Sham, Islamic State in Iraq and Sham (ISIS) and other armed groups are reportedly recruiting and using children for logistics, handling ammunition, manning checkpoints and as combatants. Most children with FSA affiliated groups, some as young as 14 years of age indicated that they had received weapon trainings and were paid 4,000–8,000 Syrian pounds (SYP) per month. The Committee also notes from the Report of the Secretary-General, January 2014, that there have been reports of the use of children, both girls and boys between the ages of 10 and 12, as human shields by the Government forces. This report further indicates that more than 10,000 children are estimated to have been killed since the outset of the conflict in 2011.

The Committee further notes from the report submitted by the Independent International Commission of Inquiry on the Syrian Arab Republic to the UN Human Rights Council, February 2015 (Report of the Commission of Inquiry, 2015), that ISIS has instrumentalized and abused children on a scale not seen before in the Syrian conflict. It has established “cubs camps” across areas under its control, where children are taught how to use weapons and trained to be deployed as suicide bombers. According to this report, ISIS is also reported to have abducted children, including girls, and detained and subjected them to harsh punishments. While many of them were executed for being members of other armed groups, some of them as young as 10 years old were used as executioners. Moreover, the YPG is also reported to have abducted children and accepted children, including girls, into their ranks for roles that involve direct participation in hostilities. The Committee deeply deplores the current situation of children affected by armed conflict in Syria, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. It recalls that, under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. The Committee therefore strongly urges the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed forces and groups. With reference to Security Council Resolution 2068 of 19 September 2012, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of all persons, who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, pursuant to Law No. 11 of 2013. It requests the Government to provide information on the number of investigations conducted, prosecutions brought and convictions handed down against such persons.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes from the Report of the Commission of Inquiry, 2015, that with approximately 5,000 schools destroyed in the Syrian Arab Republic the resulting sharp decline in children’s education continues to be a matter of great concern among the population. This report also indicates that more than half of Syrian school-aged children, up to 2.4 million, are out of school as a consequence of the occupation, destruction and insecurity of schools. The Committee further notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of July 2014, expressed concern at the increase in the already high rate of girls dropping out of school as well as the challenges faced by children, especially girls in besieged areas or in areas out of the control of the State party in accessing programmes aimed at the continuation of education (CEDAW/C/SYR/CO/2, paragraph 39). The Committee is, therefore, bound to express its deep concern at the large number of children who are deprived of education because of the climate of insecurity prevailing in the country. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee urges the Government to take effective and time-bound measures to improve the functioning of the educational system in the country and to facilitate access to free basic education for all Syrian children, especially in areas affected by armed conflict and giving particular attention to the situation of girls. It requests the Government to provide information on concrete measures taken in this regard.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. 1. Child soldiers. The Committee notes the information contained in the Report of the Secretary-General, January 2014, that the United Nations is currently supporting the Ministry of Social Affairs to develop a strategy to prevent and end the association of children with armed forces and groups. Moreover, according to the Report of the Secretary-General, May 2014, the Government established an inter-ministerial committee on children and armed conflict in September 2013. The Committee further notes from this report that the General Command of the YPG issued a command order in October 2013 condemning and prohibiting the recruitment of children. The Committee notes, however, from a Report from the UN Office of the Special Representative of the Secretary-General for Children and Armed Conflict, 13 March 2015, that the recruitment and use of children in armed conflict in Syria has become common and that a great majority of the children recruited are trained, armed and used in combat. The Committee, therefore, urges the Government to take effective and time-bound measures to remove children from armed forces and groups and ensure their rehabilitation and social integration. It also requests the Government to provide information on the measures taken in this regard and on the number of child soldiers removed from armed forces and groups and reintegrated.

2. Sexual slavery. The Committee notes from the Report of the Commission of Inquiry, 2015, that, during August 2014, ISIS abducted hundreds of Yazidi women and girls, most of whom were sold as “war booty” or given as “concubines” to ISIS fighters. This report also indicates that dozens of girls and women were transported to various locations in Syria, including Al Raqqah, Al Hasakah and Dayr az Zawr, where they were kept in sexual slavery. The Committee urges the Government to take effective and time-bound measures to remove children under 18 years of age who are victims of forced labour for sexual exploitation and ensure their rehabilitation and social integration. It requests the Government to provide information on specific measures taken in this regard, and the number of children removed from sexual exploitation and rehabilitated.

Clause (d). Identifying and reaching out to children at special risk. Internally displaced children and refugees. The Committee notes from the Report the of Secretary-General, January 2014, that, by early 2013, there were 3 million children displaced and in need of assistance inside the Syrian Arab Republic and over 1.1 million Syrian child refugees living in neighbouring countries. This report further indicates that the recruitment of children by armed groups from refugee populations in neighbouring countries is a matter of particular concern. The Committee also notes from the Report of the Commission of Inquiry, 2015, that children separated from their communities, and often from their families and parents, are at risk of being targeted and instrumentalized in the armed conflict. Observing with concern that internally displaced children and refugees are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to protect these children from the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

The Committee is raising other matters in a request addressed directly to the Government.