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COMMITTEE ON RIGHTS OF CHILD CONSIDERS INITIAL REPORT OF BANGLADESH ON INVOLVEMENT OF CHILDREN IN ARMED CONFLICT

09 January 2006

Committee on the
Rights of the Child

9 January 2006

Chamber B

The Committee on the Rights of the Child today considered the initial report of Bangladesh on how that country is implementing the provisions of the Optional Protocol of the Convention on the Rights of the Child on the involvement of children in armed conflict.

Introducing the report was Mahbud-uz-Zaman, Minister in the Permanent Mission of Bangladesh to the United Nations Office at Geneva, who noted that the Government of Bangladesh had been making every effort to help the vulnerable, affected and neglected children in its territory. The State party had undertaken comprehensive reforms within the area of children and youth, especially focusing on the three aspects of human security – dignity, survival and livelihood. Based on the principles and spirit of the Optional Protocol, the Government of Bangladesh had taken measures to ensure that members of the armed forces under the age of 18, who were training, did not take part in combat, he added.

In preliminary remarks, Committee Expert Norberto Liwski, the Committee Expert who served as country Rapporteur for the report of Bangladesh, said the dialogue had enabled the Committee to attain additional information on the situation of children in armed conflict in Bangladesh. He noted that the Government should continue in its efforts to ensure that any suspicion of coercion or forcible incorporation into the armed forces should disappear and to ensure that the recruitment age was more precisely defined. With regard to the Chittagong Hill Tracts conflict, the Committee noted the absence of concrete measures aimed at the psycho-social rehabilitation of the former children soldiers in that conflict.

Other Committee Experts contributed to the debate by raising questions pertaining to the legal age for serving in the armed forces; small arms and light weapons; former child combatants, in particular those who were engaged in the former armed conflict in the Chittagong Hill Tracts; armed political groups; military colleges; and the reintegration of former child combatants.

The Committee will release its formal, written concluding observations and recommendations on the report of Bangladesh towards the end of its three-week session which will conclude on 27 January.

The delegation of Bangladesh was made up of representatives of the Permanent Mission of Bangladesh to the United Nations Office at Geneva.

As one of the 192 States parties to the Optional Protocol to the Convention, Bangladesh is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of that treaty. The delegation was on hand during the meeting to present the report and answer questions raised by Committee Experts.

When Chamber B of the Committee reconvenes at 10 a.m. on Wednesday, 11 January, it will take up the initial report of Morocco on the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography (CRC/C/OPSA/MAR/1)

Report of Bangladesh

The initial report of Bangladesh, contained in document CRC/C/OPAC/BGD/A), indicates that the recruitment age of the Bangladesh army does not permit any person who has not attained the age of 18 to participate in any armed hostilities and that there is no provision for compulsory recruitment into the armed forces in Bangladesh. Moreover, there is no scope for any person to be employed for actual service or combat duty in the defence services, internal security services or paramilitary forces of Bangladesh before attaining the age of 18. Although the minimum eligible ages for application for recruitment in the Bangladesh Army, Bangladesh Navy and Bangladesh Air Force are 17 and 16½ years, the recruits are actually employed upon completion of their basic training after they attained the age of 18 years, the report adds.

The report further notes that a five-year-long National Plan of Action against the sexual abuse and exploitation of children, including trafficking, was launched in 2002 to provide a comprehensive framework for developing more integrated, holistic approaches to child protection in Bangladesh. The project has taken measures to review all laws relating to safeguarding and promoting the rights of children, which demonstrated the Government’s commitment to implement the Optional Protocol.

Presentation of Report

MAHBUD-UZ-ZAMAN, Minister in the Permanent Mission of Bangladesh to the United Nations Office at Geneva, said the issue of child rights had always received the highest level of political support in Bangladesh. While noting that the Prime Minister of Bangladesh attended the UN’s Special Session on Children in New York in 2002, he added that he had highlighted the numerous initiatives and programmes that the Government had undertaken to ensure child welfare, as well as the protection of child rights. The Government of Bangladesh had been making every effort to help the vulnerable, affected and neglected children in its territory. The State party had undertaken comprehensive reforms within the area of children and youth, especially focusing on the three aspects of human security – dignity, survival and livelihood.

While drawing attention to the report of the Secretary-General of February 2005 on children in armed conflict, which outlined an action plan to establish a monitoring and compliance mechanism, he highlighted that the report called upon States to combat illicit cross-border activities harmful to children through the development of bilateral, multilateral and regional arrangements. In this context, Bangladesh had increased its cooperation by ratifying the SAARC [South Asian Association for Regional Cooperation] Convention on Preventing and Combating Trafficking in Women and Children, the SAARC Convention on Child Welfare, and the SAARC Convention on Regional Arrangements on the Protection of Child Welfare in South Asia. Also noted was that at the 13th SAARC Summit in Dhaka in November 2005, the Prime Minister called upon SAARC Member countries to undertake a review of the progress in realizing the objectives of the SAARC Decade on the Rights of the Child (2001-2010).

Based on the principles and spirit of the Optional Protocol, the Government of Bangladesh had taken measures to ensure that members of the armed forces under the age of 18, who were training, did not take part in combat. Mr. uz-Zaman added that there was no conscription, compulsion, or coercion for entering the armed forces, nor was there compulsory military training.

Questions Raised by Committee Experts

NORBERTO LIWSKI, the Committee Expert who served as country Rapporteur for the report of Bangladesh, while noting that the State party had ratified the Optional Protocol in 2000 and that it had entered into force in 2002, asked what the reasons were for that delay and the delay in submitting the report. He also asked what was the legal status of the Optional Protocol in the laws of Bangladesh.

As regards the age limit on the recruitment of soldiers, he asked for clarification on the legal age given information provided in the report that children as young as 16 were recruited for training. Clarification was also sought on the terms of “non-combatant” and “combatant” as well as for voluntary recruitment in light of information received that recruitment seemed to be the result of indirect measures to enlist vulnerable youngsters.

The Rapporteur asked what the State policy was on small arms and light weapons given the increased proliferation of these weapons in the country. He noted that some 40 per cent of small arms circulated in an irregular manner were in the hands of youngsters under the age of 18, and asked what measures the State had undertaken to resolve this problem.

Specifically, Mr. Liwski asked what effects the armed conflict in the Chittagong Hill Tracts had had on children; he drew attention to the statement made in the report that 1,947 child soldiers had taken part in that conflict. He also asked what measures had been taken to rehabilitate and reintegrate these children into society and to address their psycho-social needs and to what extent the State had established alternative activities for these children, including work and education and whether there were viable alternatives for these children.

While noting that there had been reported difficulties on birth registration, another Committee Expert asked what criteria and modalities were used by Bangladesh to clearly establish the age of individuals who voluntarily recruited into the armed forces. He also asked whether there were any assurances that children were not used by armed political groups.

An Expert asked the delegation for more details about military colleges for children and, as regards to age limits, whether the legal age for services was set by administrative policy or if it was set in legislation.

Other Experts asked questions pertaining to the Government’s control over policies affecting children in the Madrassas, whether recruiting under-aged children was a criminal act, child trafficking, resources allocated to the Ministry of Women and Children’s Affairs, and additional details on child rehabilitation efforts. A member of the Committee also asked whether the Government supported the establishment of a proposed child helpline.

Response by Delegation of Bangladesh

The procedure by which the report in question was prepared involved setting up an inter-ministerial committee in Bangladesh and its work had been approved by high-level authorities, the delegation noted. Efforts had been taken to make the Optional Protocol fully consistent with national legislation.

Concerning the legal age requirement for the armed services, the delegation pointed out that children under 18 years of age were not engaged in any hostilities, and therefore the State party had met the obligations set out in the Optional Protocol. In terms of the proliferation of small arms and light weapons, the delegation affirmed that various measures had been taken by the State to monitor its borders through which many of these weapons were being smuggled in. Additionally, a law was being finalized that would enable the State to receive technical training and foreign assistance in order to secure its border and assist with this issue of smuggling.

Regarding the Chittagong Hill Tracts, the delegation noted that all children involved in that armed conflict, which ended in 1997, had been reintegrated into society through Government assistance; the accord which was signed to end that conflict called for that provision. Additionally, a number of social development projects were undertaken for these former child soldiers by non-governmental organizations with the support of the Government.

While acknowledging that there had been constraints with regard to birth registration, the delegation noted that the State had improved measures to determine the age of children through which it recorded ages through school registration. Moreover, there was a medial examination board which approved all candidates for enlistment.

As to the question on armed political groups, the delegation stated that the Government had been taking measures to outlaw any such groups which included those resorting to terrorist activities in the region. In response to a follow-up question, the delegation said the State had no record of any person under 18 years of age being recruited by these groups.

Concerning military colleges, the delegation said these schools ran from the seventh through twelfth grades and were not compulsory. Those who graduated from these cadet academies were not automatically recruited into the Bangladeshi armed services.

In response to a question, the delegation noted that only the best calibre soldiers were accepted for duty in United Nations peacekeeping operations and had to undergo at least two years of active service in their own country before being selected for this service. Moreover, none of the 1,947 former child combatants engaged in the Chittagong Hill Tracts conflict were enlisted in United Nations peacekeeping operations.

Preliminary Remarks

NORBERTO LIWSKI, the Committee Expert who served as country Rapporteur
for the report Bangladesh, said the dialogue had enabled the Committee to attain additional information on the situation of children in armed conflict in Bangladesh. The Government should continue in its efforts to ensure that any suspicion of coercion or forcible incorporation into the armed forces should disappear and to ensure that the recruitment age was more precisely defined. It was noted that the proliferation of small arms presented a considerable risk for young persons who had access to them. Other risks included the trafficking and money laundering issue which should be resolved by a clear policy and specific laws.

With regard to the Chittagong Hill Tracts conflict, the Committee noted the absence of concrete measures aimed at the psycho-social rehabilitation of the former children soldiers in that conflict. As to the Government’s control over the Madrassas, the Rapporteur requested additional information in writing to add to replies given.

Among other things, the Rapporteur noted that there was a need for additional policies for the integration of the most vulnerable youngsters in society to provide alternatives to enlisting in the armed forces which provided them with an income.

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