COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF TUNISIA ON OPTIONAL PROTOCOL ON CHILDREN AND ARMED CONFLICT

Committee on the Rights of the Child
27 January 2009



The Committee on the Rights of the Child this morning reviewed the initial report of Tunisia on how that country is implementing the provisions of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

Presenting the report, Ridha Khemakhem, General Coordinator for Human Rights to the Committee on the Rights of the Child of Tunisia, said that the very proactive approach to human rights initiated in Tunisia since 7 November 1987 was characterized by the positive, realistic and prospective place it gave to children's rights within the framework of a holistic conception of human rights in general. It was in that context that the Child Protection Code had been promulgated in 1995 to inscribe the rights of children within the context of major national options, and to allow for children to fully develop their potential and accede to a better life. Articles 18 and 19 of that Code categorically prohibited the participation of children in armed conflicts or "to exploit children in different forms of organized crime, including the inculcation of extremism or hatred and inciting a child to commit acts of violence or terror".

Mr. Khemakhem underscored that the recruitment and use of children in armed conflict did not exist in Tunisia, a country that had become well known as a paradigm for development, as well as for the climate of social peace that prevailed there. The minimum age for recruitment in the armed forces was set at 20 years for compulsory services, and at 18 years for voluntary recruitment. Moreover, since 1956, the keeping of armed forces had been the exclusive prerogative of the National Army, and no militias were, therefore, authorized to be established or to carry arms. What Tunisia had achieved – given its geographical and cultural context – represented true progress. The violent images one saw via satellite television spoke eloquently of the tremendous challenges that the international community had to face with regard to protection and promotion of human rights.

In preliminary concluding observations, Committee Expert Jean Zermatten, who served as Rapporteur for the report, said that the Committee had been reassured that the laws of Tunisia prevented the recruitment or enlistment of children in the armed forces. Among recommendations would be the criminalization of acts of recruitment of children, so as to cover such acts both inside Tunisia or those occurring outside its territory. It was also hoped that the ratification of the Rome Statute, which was under study, would be completed with a positive result soon.

Other Committee Experts raised questions and concerns related to, among other things, measures to protect children against recruitment by armed groups or private security companies; programmes to identify and care for asylum-seeking children that may have been involved in armed conflict; plans to set up an independent monitoring body for the Optional Protocol; more information on peace education; and what human rights training existed for peacekeeping troops, including in the Optional Protocol.

The Committee will release its formal, written concluding observations and recommendations on the report of Tunisia towards the end of its three-week session, which will conclude on Friday, 30 January.

The delegation of Tunisia also included representatives from the Ministry for Foreign Affairs, the Ministry for National Defence, and the Ministry for Women, Children and the Elderly.


As one of the 193 States parties to the Convention, and as a party to its two Optional Protocols, Tunisia is obliged to present reports to the Committee on its efforts to comply with the provisions of those instruments. The delegation was on hand this morning to respond to questions from Committee Experts.

When the Committee next reconvenes in public at 3 p.m. on Thursday, 29 January it will hold an informal meeting with States parties to discuss a number of matters, including reporting and follow-up to concluding observations and harmonization of working methods among treaty bodies.

Report of Tunisia

The initial report of Tunisia (CRC/C/OPAC/TUN/1) under the Optional Protocol on the involvement of children in armed conflict notes that, in accordance with article 3, paragraph 2, of the Optional Protocol, Tunisia has made a binding declaration stipulating, that “the minimum age for voluntary recruitment of Tunisian citizens into the armed forces is 18”. In order to ensure the effective implementation of the Convention, article 18 of the Child Protection Code, which was promulgated by Act No. 95-92 of 9 November 1995, clearly prohibits “the involvement of children in wars and armed conflicts”. The Code also established several mechanisms to protect children from all forms of ill-treatment, exploitation and organized crime, including inculcating fanaticism or religious or racial hatred in children, or inciting them to commit acts of violence or terrorism. In this regard, the Ministry of Education and Training has undertaken extensive efforts to incorporate the principles contained in the Convention, the optional protocols and domestic legislation into education programmes. Among them is the programme, “Silence the violence”, which was launched on 26 February 2002 in 8 schools, and whose aim is to prevent and combat all forms of violence. It was operating in 55 schools at the beginning of the 2004/05 school year in response to needs determined on the basis of studies.

Under the provisions of article 29 of the National Service Act, the minimum age of entry into military schools (academies, schools for non-commissioned officers) that are operated by or under the control of the armed forces is 18; the maximum age is 23. With regard to questions concerning armed groups operating in the territory of the State party, it is important to point out that the national army is the only armed force that operates in Tunisian territory.

Presentation of Report

RIDHA KHEMAKHEM, General Coordinator for Human Rights to the Committee on the Rights of the Child of Tunisia, said that the very proactive approach to human rights initiated in Tunisia since 7 November 1987 was characterized by the positive, realistic and prospective place it gave to children's rights within the framework of a holistic conception of human rights in general. In that regard, Tunisia had proceeded to promulgation of a series of legal and institutional measures destined, on the one hand, to translate its obligations under international treaties to which it was a party, and, on the other, to reaffirm its strong political will to promote activities in favour of children's rights.

It was in that context that the Child Protection Code had been promulgated in 1995 to inscribe the rights of children within the context of major national options, and to allow for children to fully develop their potential and accede to a better life. Mr. Khemakhem highlighted that articles 18 and 19 of that Code categorically prohibited the participation of children in armed conflicts or "to exploit children in different forms of organized crime, including the inculcation of extremism or hatred and inciting a child to commit acts of violence or terror".

The withdrawal of Tunisia's reservations to the Convention on the Rights of the Child by a law of 9 June 2008, as well as the promulgation of other new laws consolidating the rights of the child, clearly bore witness to Tunisia's determination to establish the ideal conditions for the full development of each child, Mr. Khemakhem said

Tunisia's accession to the Optional Protocol on the involvement of children in armed conflict in 2002 also proceeded from a political and social approach in which the child, because of his physical and moral fragility, was protected by society as a whole, Mr. Khemakhem observed.

Mr. Khemakhem underscored that the recruitment and use of children in armed conflict did not exist in Tunisia, a country that had become well known as a paradigm for development, owing to its achievements in the area of social and human development, as well as for the climate of social peace that prevailed there.

The minimum age for recruitment in the armed forces was set at 20 years for compulsory services and 18 years for voluntary recruitment, based on three conditions: the request of the young person himself; the authorization of his guardian; and the agreement of the Ministry of Defence. Since 1956, the keeping of armed forces had been the exclusive prerogative of the National Army. No militias were, therefore, authorized to be established or to carry arms.

Those characteristic principles of Tunisia's children's policy showed that Tunisia had achieved – given its geographical and cultural context – true progress, Mr. Khemakhem felt. The violent images one saw via satellite television spoke eloquently of the tremendous challenges that the international community had to face with regard to protection and promotion of human rights. The discourse of ideological indoctrination displayed through the media could influence children and ruin their future – turning them into fanaticised robots, devoid of all humanity. Such discourse, which sought to turn children into violent beings, had to be fought at every level, starting with the fight against poverty, social precariousness, and social exclusion, which would immunize them against the threats of extremism and terrorism. More than ever, the international community needed to mobilize to address the situation.

The vicious effects of globalization of the economy also threatened the positive achievements that had taken place at the economic and social level in Tunisia, and compromised the fight against poverty, given that all human rights, including children's rights, were complementary, interlinked and interdependent, Mr. Khemakhem added.

In conclusion, Mr. Khemakhem stressed that those challenges had reinforced Tunisia's political will to fight for and strengthen children's rights. Tunisia was irreversibly committed to the education of human rights and children's rights and to the values of peace and tolerance as the priority tool for the development of the child.

Discussion

JEAN ZERMATTEN, the Committee Expert serving as Rapporteur for the report of Tunisia, welcomed a number of protections for children in the areas covered by the Optional Protocol, including the ratification of the International Labour Organization Convention No. 182, on the elimination of the worst forms of child labour; and the Tunisian Code on Child Protection, which specifically banned the participation of children in armed conflict, as well as the law specifically banning recruitment of children under 18 in the national armed forces. Also welcome was that Tunisia had taken no reservations to the Optional Protocol and that military training was also prohibited before the age of 18. Those were all very positive facts.

Turning to questions, Mr. Zermatten asked what steps had been taken to make the Optional Protocol known and to raise awareness of the public, especially children, on the sensitive issue of children and armed conflict? For example, had the report before the Committee today been made public?

Concerning verification of the age of conscripts or volunteers, Mr. Zermatten understood that such verification required the presentation of an identification card. What happened in cases where the individual did not possess such a card?

Also, despite the clear prohibition of participation of children in armed conflict, there was no specific criminal offence and penalty defined for that crime, Mr. Zermatten said.

Furthermore, what protections existed for children recruited by armed groups, Mr. Zermatten asked. In 2006, Tunisia had an extremist group on its territory, and such groups had a tendency to recruit teenagers. What action was taken against such recruiters? Further, what was done in cases where private security companies recruited Tunisian children for use outside the country?

Tunisia did not recognize universal jurisdiction for war crimes, including the use of children under 15 years of age in armed conflict, as it was not a party to the Rome Statute of the International Criminal Court, Mr. Zermatten observed. In that connection, would Tunisia consider ratifying that instrument, which would give it further tools for enforcing its obligations under the Optional Protocol?

Finally, Tunisia was both a host and transit country for migrants, in particular African migrants. According to its report, Tunisia had not received requests for asylum from children used in armed conflict. That was surprising, Mr. Zermatten felt, given that the countries where these children were migrating from had armed conflicts. Was there a programme in place to identify and deal with such children?

Other Experts raised a series of questions pertaining to, among other things, whether there were any plans to set up an independent monitoring body for the Optional Protocol; whether legislation covered export of arms by, but in particular the transit of arms through, Tunisia; more information on peace education in Tunisia; what human rights training existed for peacekeeping troops, including in the Optional Protocol; and whether the lack of domestic legislation criminalizing recruitment of children under 18 into armed groups meant that Tunisia did not have jurisdiction in cases where a Tunisian citizen recruited children abroad.

Responding, the delegation said, with regard to how the report was drafted, that an inter-ministerial committee had been set up including the relevant ministries – among them, the Ministry for Women, Children and the Elderly; the National Defence Ministry; the Ministry of the Interior; the Ministry of Public Health; the Ministry of Education; and the Ministry of Foreign Affairs – as well as several other bodies, including the Observatory for the Rights of the Child, the Tunisian Scouts Association, and academics.

As for dissemination of the Optional Protocol, the delegation said that, following the gazetting of the Optional Protocol, that the Ministry of Justice had published three versions, two in Arabic and one in French. The Centre for Human Rights had published an Arabic version for magistrates and justice workers, and a digest of the Optional Protocol had been published for distribution in the context of the sixtieth anniversary of the Universal Declaration of Human Rights. Moreover, the Optional Protocol was publicized at several sessions for child parliamentarians; at the higher commission for the magistracy; and at the Bar Association. The Optional Protocol formed part of the mandatory training of justice officials and lawyers.

Efforts that had been made since 1987 for the protection of the rights of the child could not be isolated to just one area of Tunisian society, the delegation said. In particular, they could not protect children and send them to the army. The age for compulsory recruitment had been set at 20 in Tunisia because it was at 19 or 20 that Tunisians usually completed their baccalaureate degree.

As to measures guaranteeing the non-involvement of children in armed conflict, first, the implementing legislation guaranteed that enlistment was not possible for minors, the delegation said. Only persons verified as over 18 by their birth records were included on a special annual census that was submitted to the Ministry of National Defence for recruitment purposes. A recruitment card was sent out to those young men, who were called to present themselves for verification of their identification by their municipality. They were then sent on to the mobilization centres, for further tests, where they had to present their recruitment cards by law. There was thus no possibility of mistakes and the information was completely up to date.

Regarding criminalizing recruitment of children, the delegation noted that article 18 of the Child Protection Code prohibited such recruitment and that militias were also prohibited on Tunisian territory. It was thus impossible to recruit a minor in Tunisia. It could not happen. Even supposing there was a paramilitary group on the territory – that would be an illegal group and would therefore be governed under certain articles of the Criminal Code. Recruitment of a child into such a group would be punishable by a penalty of up to 12 years' imprisonment. If it were a case of children involved in terrorist acts, those activities would then fall under the Anti-Terrorism Law, which set out penalties for recruitment of children for use in a terrorist act.

In cases where a Tunisian minor participated in a terrorist act outside of Tunisia, or if a Tunisian recruited minors abroad, for terrorist acts, it was true that the Anti-Terrorism Act should be amended and provide specifically for the case of recruitment of minors. In the absence of specific domestic legislation, Tunisia did not have extraterritorial jurisdiction over crimes.

A Tunisian peacekeeping troop that committed crimes under the Protocol outside Tunisia could be extradited, the delegation said.

As for ratification of the Rome Statute, the delegation said that was under discussion, and a committee in the Human Rights Unit of the Ministry of Justice was doing a study looking at what would be needed to harmonize domestic legislation with that instrument.

Regarding young African migrants, the delegation said that asylum-seekers coming to Tunisia did not ask for asylum status from the Tunisian Authorities directly, but lodged their requests directly with the United Nations Refugee Agency (UNHCR). Basically, Tunisia did not have other legislation regarding the regulation of asylum-seekers outside of its agreement with UNHCR, which ran a centre for refugees in the country. As far as the delegation knew, from information received from UNHCR, there were no young migrants in those centres who had been involved in armed conflicts. They were almost all economic migrants.

Concerning independent monitoring, the delegation said there were many human rights monitors in the country, including the National Observatory for the Rights of the Child and the Children's Council. However, it was the National Higher Committee for Human Rights and Fundamental Freedoms which, inter alia, dealt with issues under the Optional Protocol. During its Universal Periodic Review at the Human Rights Council, one of the criticisms Tunisia had received was that this body was not fully independent, and since then very new legislation had been enacted to bring it into line with the Paris Principles.

Under the mandate of the new institution, it could receive complaints on human rights and fundamental freedoms, to investigate them, the delegation confirmed. While there was no specific provision for children to complain to this body, it was not prohibited, and therefore should be allowed. There was also the Delegate for the Protection of Children, at the Ministry for Women, Children and Elderly, that heard complaints from children.

On trafficking in light weapons, the delegation confirmed that Tunisia had a law on the sale and traffic of such weapons. The delegation was uncertain whether the law prohibited sale of arms to countries in armed conflict.

Turning to education questions, the delegation said there were programmes to promote a culture of peace and awareness-raising on peace issues. There were human rights courses already in primary school, which were continued through secondary school and university. As from 2002, conferences and courses had been organized to promote a culture of peace. In Tunisia there was a movement to support that peace culture, which stemmed from the philosophy that the fight against terrorism required the promotion of peace.

On the military role of Tunisia abroad, it had peacekeeping troops in a number of areas throughout the world. Those troops followed training before going on mission and humanitarian law was an indispensable part of that training. It was intended to expand the scope of that training to include the Convention on the Rights of the Child and the Optional Protocol on the involvement of children in armed conflict.

Regarding international and bilateral cooperation to prevent the involvement of children in armed conflicts, the delegation said Tunisia was talking with the International Organization of the Francophonie to elaborate such programmes with certain African countries on human rights in general and on extradition in particular.

Preliminary Observations

In preliminary concluding observations, JEAN ZERMATTEN, the Committee Expert serving as Rapporteur for the report of Tunisia under the Optional Protocol on the involvement of children in armed conflict, thanked the delegation for its responses and for the constructive dialogue. The Committee had been reassured that the law of Tunisia prevented the recruitment or enlistment of children in the armed forces. They had also been happy to hear that the Higher Committee for Human Rights and Fundamental Freedoms had been brought in line with the Paris Principles, and that it could hear complaints from children of violations under the Convention. However, it remained a concern whether children had full access to that mechanism.

Among recommendations would be the criminalization of acts of recruitment of children, so as to cover such acts both inside Tunisia or those occurring outside its territory, Mr. Zermatten said. In that connection, it was hoped that the ratification of the Rome Statute, which was under study, would be completed with a positive result soon.

Mr. Zermatten also underscored the necessity to involve civil society yet further in the area covered by the Protocol, including drafting reports and in addressing the Committee's recommendations.

Finally, Mr. Zermatten said he looked forward to a written reply as to whether the law covering the sale of small arms prevented the sale of such arms to countries in conflict.
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