Welcome to the United Nations 
OHCHR 
Press releases
COMMITTEE ON RIGHTS OF CHILD REVIEWS REPORT OF EL SALVADOR ON INVOLVEMENT OF CHILDREN IN ARMED CONFLICT
16 May 2006
Share
Committee on the
Rights of the Child
15 May 2006
The Committee on the Rights of the Child this afternoon reviewed the initial report of El Salvador 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.
In opening remarks to the Committee, Ramiro Recinos Trejo, Minister-Counsellor at the Permanent Mission of El Salvador to the United Nations Office at Geneva, said his country was not currently involved in any form of armed conflict and that children were not threatened with involvement in such acts. According to El Salvador’s laws on recruitment as national reservists, children were not allowed to join, except as students in military academies. He noted that El Salvador had been participating in peacekeeping missions by sending its troops to Iraq.
Committee Expert Rosa Maria Ortiz, who served as Rapporteur for the report of El Salvador, noted that the country had suffered from a civil war in which more than 70,000 people had died and 8,000 disappeared. She asked about the involvement of the civil society in the writing of the report under consideration. She sought further clarification about the involvement of El Salvador in the war in Iraq, including the mission of the troops.
Other Experts also raised questions related to, among other things, the measures taken to monitor the presence of children in military camps; the number of child deaths while serving in the military; the progress made by the State party with regard to the registration of childbirths; the schemes in support of post-war trauma; and the development of a culture of peace among the population.
The Committee will release its formal, written concluding observations and recommendations on the initial report of El Salvador on the Optional Protocol towards the end of its three-week session which will conclude on 2 June.
The delegation of El Salvador consisted of representatives of the Ministry of Defence, the Foreign Ministry and the Permanent Mission of El Salvador to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, El Salvador is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. A national delegation was on hand during the meeting to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes at 10 a.m. on Tuesday 16 May, it will consider the second periodic report of Latvia on the Convention on the Rights of the Child in Chamber A and the initial reports of Italy on the Optional Protocols to the Convention on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography in Chamber B.
Report of El Salvador
The initial report of El Salvador on the Optional Protocol on children and armed conflict (CRC/C/OPAC/SLV/1) describes the legislative, administrative, judicial and other measures applicable in El Salvador in respect of the rights guaranteed by the Protocol. It says that the Government is not confronted with any internal armed conflict nor is it party to an international conflict, and in that respect, there is no threat of children participating in hostilities. Through its established provisions, El Salvador complies with its obligation to ensure that persons who have not attained the age of 18 years are not compulsorily recruited into the armed forces. The General Staff of the Armed Forces has issued a permanent order to refrain from accepting minors among newly recruited personnel, so the armed forces only recruit volunteers who have attained the age of majority.
El Salvador deposited a binding declaration that sets forth the minimum age at which it will permit voluntary recruitment into its armed forces and describes the safeguards it has adopted to ensure that such recruitment is not forced or coerced. The question of recruitment by armed groups that are distinct from the armed forces is not applicable to El Salvador, since the country is not involved in an armed conflict and therefore no armed groups exist.
El Salvador recognizes that it must apply whatever laws afford greater protection to minors, so that if any domestic or international law offers greater protection to minors than the Protocol, those provisions must be applied in the best interests of the child. El Salvador ratified the Optional Protocol in 2001.
Presentation of Report
RAMIRO RECINOS TREJO, Minister-Counsellor at the Permanent Mission of El Salvador to the United Nations Office at Geneva, said that his country was not currently involved in any form of armed conflict and that children were not threatened with involvement in armed conflicts. According to El Salvador’s laws on recruitment as national reservists, children are not allowed to join, except as students in military academies. El Salvador has been participating in peacekeeping missions by sending its troops to Iraq.
In order to consolidate the teaching of human rights in the armed forces, the State had incorporated a human rights education in its training programmes since the end of the conflict in 1992. It had also published guidelines on human rights to be used by the military personnel. A body had also been set up to enhance the teaching of human rights in the armed forces, with the involvement of the Red Cross and other institutions. That was also aimed at complying with the State’s commitment with regard to human rights.
Questions and Comments by Experts
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of El Salvador, noted that the country had suffered from a civil war in which more than 70,000 people had died and 8,000 disappeared. She asked about the involvement of civil society in the writing of the report under consideration. She also asked for further clarification on the involvement of El Salvador in the war in Iraq. What was the role of the Salvadorian armed forces in the war? What were the circumstances that might involve children between 16 and 18 years of age in the national armed forces?
She asked if recruits were obligated to provide birth certificates at the moment of their recruitment. What measures were taken to monitor the presence of children in the military barracks? How many children between the age of 16 and 18 years old had died while serving in the armed forces?
Another Expert asked about the progress made by the State party with regard to the registration of childbirths. The lack of adequate progress in birth registration might have a negative repercussion on the military recruitment process, which might permit children to be drafted as recruits. Could children between 16 and 18 years of age resign if they did not find the military training to be interesting contrary to their expectations?
An Expert said that the report did not indicate that the State had put in place a law to criminalize the recruitment of children within or outside the country. Further, the report did not make any reference to the penalization of such acts. With regard to a culture of peace, there was no specific measure taken by the State with the view to making that culture a reality.
With regard to the armed conflict that ended in 1992, an Expert said that the protection fund established to that end did not provide information on how victims were compensated. The victims of the armed conflict were still suffering from trauma even 14 years after the end of the war. What kind of support was provided to the parents and children who had been victims of the conflict? How did the State party address the issue of post-war trauma?
Response by Delegation
Responding, the delegation said children between 16 and 18 years of age provided only logistical assistance to the army; they were not allowed to serve as combatants. In that regard, the Constitution was clear and provided guarantees to that group of children.
The Salvadorian authorities had put in place a provision prohibiting minors aged 15 and below to be involved in any form of hostilities, the delegation said. The law on minors provided penalty in the event such acts were committed involving minors. Since 2000, minors were not recruited in the armed forces. The Military Criminal Code was not applied to students in the military academies even if they were between 16 and 18 years of age.
The teaching of human rights was part of the 1992 agreement at the end of the civil conflict, the delegation said. The armed forces, starting 2000, were provided with teaching on the rights of children as part of human rights education. The Code of Military Justice was also amended with regard to recruiting minors.
With regard to the training of the contingent of the armed forces dispatched to Iraq, the delegation said, a 10-month special course was provided before they were sent to that country. The average age of the soldiers sent to Iraq was 30 years. Psychological support with regard to the conflict in Iraq was also given to the soldiers before they left their country.
The State had been providing support to the victims and veteran combatants of the conflict through various means, including social and economic integration, the delegation said. Parents suffering from disabilities due to the war and their children were also provided with special care.
The Commission on Disappeared Children, a non-governmental organization, was entrusted to elucidate the cases of disappeared children during the war, the delegation said. The investigation so far had resulted in clarifying a number of cases, which had been documented in the form of complaints from relatives. The Commission had taken quite some time before coming out with results, which had now started reuniting children with their biological parents.
Asked about the phenomenon of youth gangsters, the delegation said that the root cause was youth migration and family disintegration. The phenomenon was not unique to El Salvador but extended in many countries of the region.
Concluding Remarks
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of El Salvador, said the State should continue its reform in all aspects, particularly in the field of child rights. The laws with regard to children should be reformed in order to fully comply with the provisions of the Protocols to the Convention on the Rights of the Child.
* *** *
For use of the information media; not an official record
Rights of the Child
15 May 2006
The Committee on the Rights of the Child this afternoon reviewed the initial report of El Salvador 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.
In opening remarks to the Committee, Ramiro Recinos Trejo, Minister-Counsellor at the Permanent Mission of El Salvador to the United Nations Office at Geneva, said his country was not currently involved in any form of armed conflict and that children were not threatened with involvement in such acts. According to El Salvador’s laws on recruitment as national reservists, children were not allowed to join, except as students in military academies. He noted that El Salvador had been participating in peacekeeping missions by sending its troops to Iraq.
Committee Expert Rosa Maria Ortiz, who served as Rapporteur for the report of El Salvador, noted that the country had suffered from a civil war in which more than 70,000 people had died and 8,000 disappeared. She asked about the involvement of the civil society in the writing of the report under consideration. She sought further clarification about the involvement of El Salvador in the war in Iraq, including the mission of the troops.
Other Experts also raised questions related to, among other things, the measures taken to monitor the presence of children in military camps; the number of child deaths while serving in the military; the progress made by the State party with regard to the registration of childbirths; the schemes in support of post-war trauma; and the development of a culture of peace among the population.
The Committee will release its formal, written concluding observations and recommendations on the initial report of El Salvador on the Optional Protocol towards the end of its three-week session which will conclude on 2 June.
The delegation of El Salvador consisted of representatives of the Ministry of Defence, the Foreign Ministry and the Permanent Mission of El Salvador to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, El Salvador is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. A national delegation was on hand during the meeting to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes at 10 a.m. on Tuesday 16 May, it will consider the second periodic report of Latvia on the Convention on the Rights of the Child in Chamber A and the initial reports of Italy on the Optional Protocols to the Convention on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography in Chamber B.
Report of El Salvador
The initial report of El Salvador on the Optional Protocol on children and armed conflict (CRC/C/OPAC/SLV/1) describes the legislative, administrative, judicial and other measures applicable in El Salvador in respect of the rights guaranteed by the Protocol. It says that the Government is not confronted with any internal armed conflict nor is it party to an international conflict, and in that respect, there is no threat of children participating in hostilities. Through its established provisions, El Salvador complies with its obligation to ensure that persons who have not attained the age of 18 years are not compulsorily recruited into the armed forces. The General Staff of the Armed Forces has issued a permanent order to refrain from accepting minors among newly recruited personnel, so the armed forces only recruit volunteers who have attained the age of majority.
El Salvador deposited a binding declaration that sets forth the minimum age at which it will permit voluntary recruitment into its armed forces and describes the safeguards it has adopted to ensure that such recruitment is not forced or coerced. The question of recruitment by armed groups that are distinct from the armed forces is not applicable to El Salvador, since the country is not involved in an armed conflict and therefore no armed groups exist.
El Salvador recognizes that it must apply whatever laws afford greater protection to minors, so that if any domestic or international law offers greater protection to minors than the Protocol, those provisions must be applied in the best interests of the child. El Salvador ratified the Optional Protocol in 2001.
Presentation of Report
RAMIRO RECINOS TREJO, Minister-Counsellor at the Permanent Mission of El Salvador to the United Nations Office at Geneva, said that his country was not currently involved in any form of armed conflict and that children were not threatened with involvement in armed conflicts. According to El Salvador’s laws on recruitment as national reservists, children are not allowed to join, except as students in military academies. El Salvador has been participating in peacekeeping missions by sending its troops to Iraq.
In order to consolidate the teaching of human rights in the armed forces, the State had incorporated a human rights education in its training programmes since the end of the conflict in 1992. It had also published guidelines on human rights to be used by the military personnel. A body had also been set up to enhance the teaching of human rights in the armed forces, with the involvement of the Red Cross and other institutions. That was also aimed at complying with the State’s commitment with regard to human rights.
Questions and Comments by Experts
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of El Salvador, noted that the country had suffered from a civil war in which more than 70,000 people had died and 8,000 disappeared. She asked about the involvement of civil society in the writing of the report under consideration. She also asked for further clarification on the involvement of El Salvador in the war in Iraq. What was the role of the Salvadorian armed forces in the war? What were the circumstances that might involve children between 16 and 18 years of age in the national armed forces?
She asked if recruits were obligated to provide birth certificates at the moment of their recruitment. What measures were taken to monitor the presence of children in the military barracks? How many children between the age of 16 and 18 years old had died while serving in the armed forces?
Another Expert asked about the progress made by the State party with regard to the registration of childbirths. The lack of adequate progress in birth registration might have a negative repercussion on the military recruitment process, which might permit children to be drafted as recruits. Could children between 16 and 18 years of age resign if they did not find the military training to be interesting contrary to their expectations?
An Expert said that the report did not indicate that the State had put in place a law to criminalize the recruitment of children within or outside the country. Further, the report did not make any reference to the penalization of such acts. With regard to a culture of peace, there was no specific measure taken by the State with the view to making that culture a reality.
With regard to the armed conflict that ended in 1992, an Expert said that the protection fund established to that end did not provide information on how victims were compensated. The victims of the armed conflict were still suffering from trauma even 14 years after the end of the war. What kind of support was provided to the parents and children who had been victims of the conflict? How did the State party address the issue of post-war trauma?
Response by Delegation
Responding, the delegation said children between 16 and 18 years of age provided only logistical assistance to the army; they were not allowed to serve as combatants. In that regard, the Constitution was clear and provided guarantees to that group of children.
The Salvadorian authorities had put in place a provision prohibiting minors aged 15 and below to be involved in any form of hostilities, the delegation said. The law on minors provided penalty in the event such acts were committed involving minors. Since 2000, minors were not recruited in the armed forces. The Military Criminal Code was not applied to students in the military academies even if they were between 16 and 18 years of age.
The teaching of human rights was part of the 1992 agreement at the end of the civil conflict, the delegation said. The armed forces, starting 2000, were provided with teaching on the rights of children as part of human rights education. The Code of Military Justice was also amended with regard to recruiting minors.
With regard to the training of the contingent of the armed forces dispatched to Iraq, the delegation said, a 10-month special course was provided before they were sent to that country. The average age of the soldiers sent to Iraq was 30 years. Psychological support with regard to the conflict in Iraq was also given to the soldiers before they left their country.
The State had been providing support to the victims and veteran combatants of the conflict through various means, including social and economic integration, the delegation said. Parents suffering from disabilities due to the war and their children were also provided with special care.
The Commission on Disappeared Children, a non-governmental organization, was entrusted to elucidate the cases of disappeared children during the war, the delegation said. The investigation so far had resulted in clarifying a number of cases, which had been documented in the form of complaints from relatives. The Commission had taken quite some time before coming out with results, which had now started reuniting children with their biological parents.
Asked about the phenomenon of youth gangsters, the delegation said that the root cause was youth migration and family disintegration. The phenomenon was not unique to El Salvador but extended in many countries of the region.
Concluding Remarks
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of El Salvador, said the State should continue its reform in all aspects, particularly in the field of child rights. The laws with regard to children should be reformed in order to fully comply with the provisions of the Protocols to the Convention on the Rights of the Child.
* *** *
For use of the information media; not an official record
VIEW THIS PAGE IN: