Recommendations
To the Transitional Federal Government:
Regarding the Presence of Children within TFG Forces and TFG-Aligned Militias
- Hold appropriately accountable all individuals found to be
conscripting or using children under age 18 in its armed forces,
consistent with widely accepted international standards. Continue to issue
clear public statements to TFG force commanders and soldiers prohibiting
the forced recruitment and use of children under age 18. End all
recruitment and use of children under age 18 by TFG-aligned militias.
- Enact legislation that makes the forced recruitment and
use of children under 18 in armed forces (and any recruitment and use by
armed groups) a criminal offense.
- Develop and adopt a national action plan to end the
recruitment and use of children within the TFG forces. Include clear and
concrete steps to be achieved within a limited timeframe including:
- A halt to all child recruitment;
- Access to bases, camps, training facilities,
recruitment centers, and other relevant installations for ongoing monitoring
and verification of compliance;
- Provision of verifiable information
regarding measures taken to ensure the accountability of perpetrators; and
- Implementation of an agreed prevention
strategy to address violations.
- Establish rigorous and systematic screening procedures and
standards to ensure that no children under the age of 18 are conscripted
into TFG armed forces, and that all recruits are screened according to the
same high level of standards. Do not recruit individuals where there is
reasonable doubt that they are not of the lawful recruitment age. Allow
independent monitors to take part in the recruitment process, to monitor
age during salary disbursements, and to visit TFG facilities to identify
underage recruits.
- Cooperate with UNICEF and other child protection agencies
to demobilize children within TFG forces and TFG-aligned militias and
transfer them to appropriate civilian rehabilitation and reintegration
programs that include educational and vocational training as well as
counseling, in accordance with the Principles and Guidelines on Children
Associated with Armed Forces or Armed Groups (“Paris
Principles”) of 2007.
- Make the absence of children within militia forces a
precondition for integrating these militias into the TFG forces and
police.
Regarding the Capture of Child Soldiers by the TFG or TFG-Affiliates
- Ensure that standard procedures are developed to transfer
captured and “escaped” children promptly to civilian
rehabilitation and reintegration programs. Children should not be detained
solely for their association with armed forces.
- Any children accused of crimes under international or
national law allegedly committed while associated with armed groups should
be treated in accordance with international juvenile justice
standards—notably that detention is used only as a measure of last
resort, that children are detained separate from adults, that they have
access to legal counsel and that the best interest of the child is the
primary consideration. Provide education and other reintegration and
rehabilitation services.
- Allow independent and unhindered monitoring notably by
specialized child protection services of all TFG detention facilities,
including high-security sites.
Regarding Schools and Military Operations
- Cease all attacks that do not discriminate between
combatants and civilians, and take all feasible precautions in the choice
of means and methods of attack against military objectives to avoid or
minimize harm to civilians and civilian objects, including schools.
- Map key civilian infrastructure, including schools, with
the assistance of relevant agencies, including the Education Cluster. Use
this map to identify and protect schools in areas of TFG military
operations.
- Fully investigate all attacks damaging schools in areas
under TFG control, where feasible, in order to identify and prosecute
those responsible for war crimes.
- Ratify the Rome Statute of the International Criminal
Court, which, among other things, prohibits as a war crime intentionally
directing attacks against buildings dedicated to education, provided they
are not military objectives, during armed conflicts.
Other Recommendations to the TFG
- Ensure that all credible allegations of violations of
international human rights and humanitarian law by TFG forces and aligned
armed groups are promptly, impartially, and transparently investigated,
and that those responsible for serious abuses, regardless of rank, are
held to account.
- Reinstate the post of State Minister on Child Protection
and Human Rights within the TFG.
- Ratify the Convention on
the Rights of the Child (CRC) and its three optional protocols, the
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), and the Protocol to the
African Charter on Human and Peoples’ Rights on the Rights of Women
in Africa (“Maputo Protocol”).
-
Ensure that trainings for
the TFG forces and personnel include appropriate and effective training on
international humanitarian law, including regarding the protection of
civilians and civilian objects and protection of children’s rights.
- Call for the establishment
of a UN Commission of Inquiry—or a comparable,
appropriate mechanism—by the UN to document serious international
crimes committed in Somalia and recommend measures to improve
accountability.
To al-Shabaab
- Immediately cease recruitment
of children under 18 years old and release all children currently in
al-Shabaab forces who are under 18, consistent with widely accepted
international standards.
- Cooperate with UNICEF and other
child protection agencies to hand over children in al-Shabaab forces to
appropriate civilian demobilization, rehabilitation, and reintegration
programs.
- Ensure that any commander found
to be recruiting children or using children for other purposes in training
camps and on the front lines is appropriately held to account.
- Immediately end the abduction
of girls and women and release all girls and women abducted for forced
marriage or other purposes.
-
Ensure that schools are
identified and protected and that students, teachers, and school
administrators are able to safely leave school buildings during military
operations where they may be at risk.
- Cease all attacks that do not discriminate between
combatants and civilians, and take all feasible precautions in the choice
of means and methods of attack against military objectives to avoid or
minimize harm to civilians and civilian objects, including schools.
- Immediately cease all occupation or use of schools and
school compounds where students and teachers are present. Cease using
schools to provide military training and as weapons caches, or to engage
in military operations.
- Immediately issue a public order directing all commanders
and forces to cease attacks on schools, teachers, and students, and
stating that those responsible for such attacks will be held to account.
- Uphold the right to education by ceasing to improperly
interfere in the curriculum of schools or engaging in classroom activities
designed to encourage the recruitment of children into al-Shabaab forces.
- Halt all measures that discriminate against women and
girls, including restrictions on their work, travel, and attire.
- Appropriately hold to account all al-Shabaab members and
local administrators, regardless of rank, who commit serious violations of
international humanitarian law and human rights abuses.
To TFG-Affiliated Militias
- Issue clear public statements to all commanders and forces
ordering the immediate end of all recruitment and use of children under 18
in its forces.
- Cooperate with UNICEF and other child protection agencies
in order to urgently identify and demobilize children under age 18 and
transfer them to appropriate civilian rehabilitation and reintegration
programs.
- Ensure that any commander found to be recruiting children
or using children for other purposes in training camps and on the front
lines is appropriately held to account.
- Take all feasible precautions to protect civilians from
attacks and otherwise minimize harm to the civilian population.
- Ensure that schools are identified and protected during military
operations and, to the extent that is feasible, seek to ensure that
students and teachers are able to safely leave school buildings during
military operations where they may be at risk.
- Appropriately hold to account all commanders and other
personnel, regardless of rank, who commit serious violations of international
humanitarian law.
To Foreign Parties to the Conflict: AMISOM and the
African Union, Kenya, and Ethiopia
- Cooperate with UNICEF and other child protection agencies
to transfer all captured children to civilian rehabilitation and
reintegration programs.
- Cease all attacks that do not discriminate between
combatants and civilians or are anticipated to cause disproportionate
civilian harm, and take all feasible precautions in attacks against
military objectives to avoid or minimize harm to civilians and civilian
objects, including schools.
-
Map out key civilian
infrastructure, including schools, with the assistance of relevant
agencies, including the Education Cluster, in order to ensure that schools
in areas of military operations are identified and protected.
-
Make efforts to ensure that
students and teachers are able to safely leave school buildings during
military operations where they may be at risk.
- Ensure that all credible allegations of human rights and
humanitarian law violations by armed forces are promptly, impartially, and
transparently investigated and that those responsible for serious abuses,
regardless of rank, are held to account. In particular, fully investigate
all attacks that damage schools in areas of AMISOM military operations,
where feasible, in order to identify and prosecute those responsible for
war crimes.
- Ensure that all deployed
personnel receive adequate and appropriate training in international
humanitarian law, including the protection of civilians and civilian objects
and the special protections afforded to children during armed
conflict.
To All States and the Donor Community in Somalia
- Call on all parties to immediately end the recruitment and
use of children as soldiers in Somalia, rape and forced marriage, and
attacks on students, teachers, and schools.
-
Make clear that the
development and implementation of a national action plan to end the
recruitment and use of children within TFG forces is a priority for the
remainder of the transitional period.
-
Provide the TFG with the
necessary support and capacity to systematically and effectively vet its
recruits by age in order to prevent the recruitment and use of children
within its forces.
-
Offer the necessary support
to appropriate child protection activities and demobilization,
rehabilitation, and reintegration programs that
include vocational training programs, education programs, and medical and
psycho-social counseling activities including for
survivors of sexual violence, both inside of Somalia, including in IDP
camps, and in refugee camps in neighboring countries.
-
Assist the TFG in ensuring
that the detention of children
complies
with international standards—notably that detention is used only as
a measure of last resort, that children are detained separately from
adults, that they have access to legal counsel, and that rehabilitation
and reintegration and the best interests of the child are prioritized.
- Call on the TFG to allow independent and unhindered
monitoring by specialized child protection services of all TFG detention
facilities, including high-security sites.
-
Increase support to the
education and protection sectors in Somalia by ensuring that education and
protection funding targets within the forthcoming Consolidated Appeal
Process (CAP) are met.
- Ensure that trainings provided
to the TFG forces and personnel include appropriate and effective training
in international humanitarian law, including the protection of civilians
and civilian objects and protection of children’s rights.
- Support and fund an increase in
the capacity of the Office of the High Commissioner for Human Rights
(OHCHR) to monitor rights violations.
- Support and fund a UN Commission of Inquiry—or a comparable,
appropriate mechanism—by the UN to document serious international
crimes committed in Somalia and recommend measures to improve
accountability.
To the UN Security Council and the UN Human Rights
Council
- Intensify pressure on the TFG to immediately adopt and
promptly implement a time-bound UN action plan to end the recruitment and
use of children, including by establishing effective screening procedures
to ensure that children are not recruited into the TFG or included in
aligned militia that are integrated into the TFG armed forces.
- Through its sanctions committee on Somalia and Eritrea,
impose targeted sanctions, including asset freezes and travel bans, on
individuals and entities responsible for violations against children,
including the recruitment and use of children, killing and maiming, sexual
and gender-based violence, and attacks on schools, in accordance with
Security Council Resolution 2002 (2011).
- Request systematic reporting on attacks on schools,
students, and teachers and actions by parties to the conflict that impede
children’s access to education, including the military use of
schools, through the UN-led monitoring and reporting mechanism on children
and armed conflict.
-
Support an increase in the
capacity of the OHCHR to monitor rights violations and to appoint a
full-time child rights expert.
- Support and fund a UN Commission
of Inquiry—or a comparable, appropriate mechanism—by the UN to
document serious international crimes committed in Somalia and recommend
measures to improve accountability.
- Ensure that the UN
monitoring group on Somalia and Eritrea receives adequate support to
fulfill its new expanded mandate, notably by allowing the recruitment of
at least two additional human rights experts on the group.
To the Somalia Country Task Team of the UN-led
Monitoring and Reporting Mechanism on Children and Armed Conflict in Somalia
- Increase monitoring of attacks on schools, students, and
teachers and actions by parties to the conflict that impede
children’s access to education, including the military use of
schools, and other grave violations committed against children in the
context of the conflict, as requested by the Security Council in
Resolution 1998 of July 2011. Ensure that the information gathered is fed
into relevant channels, including the Security Council working group on
children and armed conflict and program development.
- Collect information regarding specific individuals and
entities responsible for violations against children that may be subject
to targeted sanctions under Security Council Resolution 2002 (2011) and
make this information available to the Sanctions Committee on Somalia and
Eritrea.
To the United Nations Children’s Fund
(UNICEF) and Other Child Protection Agencies in Somalia and Kenya
- Greatly expand demobilization, rehabilitation, and
reintegration programs for children formerly associated with fighting
forces and children recruited for forced marriage, including education and
vocational training programs, alternative livelihood programs, and medical
and psychosocial support both, to the extent possible, inside Somalia and
in refugee receiving countries.
- Hire staff with the expertise to identify and support
children who have fled al-Shabaab and other militia groups and in Somalia
and Kenya (Dadaab and Eastleigh).
- Work with donors in Kenya to secure more dedicated
resources to develop urban child protection programs that support children
formerly associated with armed groups to obtain safe housing, education,
and other skills.
- Work with the United Nations
High Commissioner for Refugees (UNHCR) in Kenya to develop an outreach campaign
to improve the access of children, especially those who are unaccompanied,
to UNHCR registration and to psycho-social and education programs.
To the UN Political Office for Somalia and the UN
Office of the High Commissioner for Human Rights
- Increase the number of human rights officers monitoring
and publicly reporting on human rights abuses in Somalia, both within
Somalia and in refugee camps in neighboring countries. Create a full-time
position focusing on child’s rights violations and call on donors to
ensure adequate funding.
- Increase collaboration with the Monitoring Group on
Somalia and Eritrea in order to ensure that information regarding grave
violations of child’s rights is systematically gathered and that the
sanctions committee holds to account responsible parties.
-
Initiate a historical
documentation exercise on Somalia to map and document serious
international crimes, and recommend measures to improve accountability.
To the UN Special Representative of the
Secretary-General for Children and Armed Conflict
- Continue to call on the TFG to fulfill its commitment to
develop a national action plan to end the recruitment and use of children
within the TFG forces, with clear and concrete steps to be achieved within
a limited timeframe.
-
Request that donors develop
practical responses to support children who have escaped from fighting
forces in Somalia.
-
Call on the UN Security
Council to significantly enhance the resources and capacity available to
the UN Monitoring Group on Somalia and Eritrea.
To the EU, UNHCR, and UNICEF in Uganda
- Ensure that any children identified at the EU-financed Bihanga
training program are offered the opportunity to seek asylum in Uganda.
To the United States Congress
- Amend the Child Soldiers
Prevention Act of 2008 in order to include peacekeeping assistance under categories
of US military assistance prohibited to governments using children as
soldiers.
To UNHCR, UNICEF, and Other UN Agencies Working in
Kenya and Ethiopia
- Ensure that mechanisms are in place to identify children
formerly associated with armed groups upon arrival in refugee receiving
countries. Ensure that children formerly associated with fighting forces
are engaged in appropriate education and child protection programs
alongside other vulnerable children and children from the community.
- Develop more clinical mental health programs for children within
refugee camps who require more intensive support than those offered in
general community-based psycho-social programs.
- Significantly increase education and vocational training
activities in refugee camps, including by constructing more schools and
employing more teachers.