COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF GERMANY ON OPTIONAL PROTOCOL ON CHILDREN AND ARMED CONFLICT
The Committee on the Rights of the Child this morning reviewed the initial report of Germany 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.
Birgitta-Maria Siefker-Eberle, Deputy Permanent Representative of Germany to the United Nations Office at Geneva, in brief opening remarks focusing on Germany's international efforts, underscored that Germany, together with its European Union partners, had already for years taken action to end the use of child soldiers and to contribute to improving the situation of children affected by armed conflict. In particular, Germany had used its European Union Presidency in the first half of 2007 to take a number of initiatives to implement the European Union "Human Rights Guidelines" on children in armed conflict, including the development of local implementation strategies for a number of countries particularly affected by children in armed conflict.
Almut Wittling-Vogel, Federal Government Commissioner for Human Rights Matters at the Ministry of Justice of Germany, introducing the report, said that, in fixing the minimum age of voluntary enlistment in the armed forces at 17 years of age, the Government's intention had been to avoid waiting periods during which the juveniles would be without productive activity. Express instructions ensured that soldiers under the age of 18 could under no circumstances be confronted with a situation in which they might use a weapon; they could not be deployed to an area where there was a risk of armed conflict, and they only came into contact with weapons exclusively in the context of supervised training sessions. Also, 17-year-old soldiers had the opportunity to leave the service without giving any reason, under the so-called "revocable declaration of enlistment", and no one under the age of 18 could join the Bundeswehr without their parents' approval or that of their legal representatives.
In preliminary concluding remarks, Committee Expert Lucy Smith, who served as Rapporteur for the report of Germany, welcomed the international cooperation Germany had shown in this area. However, the Committee was still concerned that the age of voluntary enlistment in the Armed Forces was 17 years of age. The Committee's greatest worry, however, was the procedures for 16- and 17-year-old asylum seekers, who should be treated as children and not as adults during that process. There was also not enough being done to raise awareness on the Protocol, in particular for professionals involved with children.
Main concerns of Experts centred on, among other things, the age limit of 17 for voluntary recruitment in the armed forces of Germany, as identified by the Rapporteur. While agreeing that it was not strictly a violation of the Optional Protocol, it was pointed out that it was hard to reconcile the spirit of peace education for children with military training. Other issues included reports that German peacekeeping troops in Afghanistan were using children in their demining operations; whether German law prohibited exports of arms to countries where there were child soldiers; whether the legal principle of "double criminality" applied to cases involving child soldiers; and whether a strategy existed to identify asylum-seekers who were former child soldiers during the interview process.
The Committee will release its formal, written concluding observations and recommendations on the report of Germany towards the end of its three-week session, which will conclude on Friday, 1 February.
The delegation of Germany also included other representatives from the Ministry of Justice, the Foreign Office, the Office for Migration and Refugees, and the Ministry of Social Affairs of Germany.
As one of the 193 States parties to the Convention, Germany is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty.
When the Committee next reconvenes in public, at 10 a.m. on Monday, 21 January, it will take up the second periodic report of the Dominican Republic (CRC/C/DOM2).
Report of Germany
The initial report of Germany (CRC/C/OPAC/DEU/1) under the Optional Protocol on the involvement of children in armed conflict says the fight against recruitment of child soldiers is an important concern within the Federal Government’s international human rights policy, and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict – which Germany took an active part in negotiating – plays a crucial role therein. Both in the United Nations and in the European Union (EU) context as well as bilaterally, the Federal Government firmly supports an improvement in the protection of children in armed conflicts, including implementation of the Optional Protocol and its application if possible on a worldwide basis. Germany is also one of the States that has been giving financial and political support, from the very outset, to the Office of the Special Representative for children and armed conflict, which was established in 1996. At the national level, the Federal Government is promoting institutions and aid programmes for demobilization and rehabilitation of former child soldiers as well as to prevent contraventions of the Optional Protocol, inter alia through the regular voluntary German contribution and also through the funding of UNICEF projects, as well as through projects for the promotion of human rights. Germany is also making a contribution to rehabilitation and social reintegration of child soldiers, using the instrument of the Civil Peace Service with a number of peace specialists, e.g. those working in the field of trauma treatment.
Presentation of Report
BIRGITTA-MARIA SIEFKER-EBERLE, Deputy Permanent Representative of Germany to the United Nations Office at Geneva, in brief opening remarks, accented Germany's activities to address the plight of child soldiers and children affected by armed conflict on the international level. Germany was very much concerned that, despite considerable and sustained efforts of the international community – not least on the level of the United Nations Security Council – the situation regarding the involvement of children in armed conflicts remained very disturbing. In the past decade alone, armed conflicts were estimated to have claimed the lives of over 2 million children and to have maimed millions more. At any given time, there were estimated to be around 300,000 child soldiers participating in armed conflicts. Robbed of their childhood and deprived of basic human rights, these children were often left traumatized or stigmatized for life.
To change that intolerable situation, Germany, together with its European Union partners, had already for years taken action to end the use of child soldiers and to contribute to improving the situation of children affected by armed conflict, Ms. Siefker-Eberle said. Germany had used its European Union Presidency in the first half of 2007 to take a number of initiatives to implement the European Union "Human Rights Guidelines" on children in armed conflict. Examples included the development of local implementation strategies for a number of countries particularly affected by children in armed conflict, as well as the establishment of a comprehensive list of all projects supported by European Union Member States, or with European Union funds, to help children in this area. On the international level, Germany, during its European Union Presidency, also ensured strong European Union support for the adoption and subsequent implementation of the so-called "Paris Principles" for a more coherent international approach towards the issue of children in armed conflict.
ALMUT WITTLING-VOGEL, Federal Government Commissioner for Human Rights Matters at the Ministry of Justice of Germany and Head of the Delegation, introducing the report, stressed at the outset that the German Government had committed itself to broader publication and distribution of the Optional Protocol on the involvement of children in armed conflict. It was already accessible on the website of the Foreign Office, and it could now be more easily found on the websites of the various ministries concerned – figuring more prominently on the sites of the Ministry of Justice and the Ministry of Family Affairs, Senior Citizens, Women and Youth. The latter Ministry was also preparing a new edition of the Government's brochure on the Convention on the Rights of the Child, which had been designed especially for children and was provided to schools. The brochure would also deal with this Optional Protocol.
Turning to implementation issues at the domestic level, Ms. Wittling-Vogel said that Germany had fixed the minimum age of voluntary enlistment in the armed forces at 17 years of age. The intention had been to enable juveniles to join the Bundeswehr directly after leaving school, in order to avoid waiting periods during which the juveniles would be without productive activity. On 14 January 2008, there were 472 soldiers aged 17 serving in the Bundeswehr, with 263 being temporary-career volunteers, and 209 being basic service conscripts.
The Ministry of Defence had issued express instructions ensuring that soldiers under the age of 18 could under no circumstances be confronted with a situation in which they might use a weapon, Ms. Wittling-Vogel stressed. They could not be deployed to an area where there was a risk of armed conflict, and they only came into contact with weapons exclusively in the context of supervised training sessions. Afterwards, they had to return the weapons. Also, 17-year-old soldiers had the opportunity to leave the service without giving any reason, under the so-called "revocable declaration of enlistment" made when beginning their services, which allowed them to withdraw at any time during the first six months of their service. If any soldier under 18 developed fundamental doubts, they – like any other soldier – could decline to serve by attaining the status of conscientious objector, and no one under the age of 18 could join the Bundeswehr without their parents' approval or that of their legal representatives.
As for criminal provisions called for by the Optional Protocol, Germany was committed to prosecuting and punishing the recruitment and deployment of child soldiers. In addition to relevant national criminal provisions, Ms. Wittling-Vogel stressed that, pursuant to the Code of Crimes against International Law and in accordance with the Statute of Rome, Germany also exerted extraterritorial jurisdiction over the war crime of recruiting children under age 15. That meant that cases in which no German national was involved – neither as victim nor as perpetrator – were subject to prosecution as well.
Turning to issues regarding deployment abroad, Ms. Wittling-Vogel said that pre-deployment training for troops addressed the legal bases and the problem of child soldiers in the respective region of deployment. Further, should the necessity arise, the soldiers received additional training while deployed abroad. In pre-deployment training, the soldiers received "pocket cards", to be carried with them at all times, outlining the fundamental principles of deployment. If deployment was planned to a region where child soldiers were to be expected, the pocket card would contain information on that issue.
In terms of former child soldiers who came to Germany as refugees, Ms. Wittling-Vogel said they had tried to obtain current statistical data on those cases to reply to the Committee's list of issues. However, the reasons for fleeing a country were not recorded in statistics. Research conducted by the Office for Migration and Refugees had found that asylum-seekers rarely stated in their interviews that they had fled recruitment as a child soldier or following such recruitment. However, there were, of course, refugees who had been former child soldiers.
In principle, unaccompanied refugees under 18 years of age were questioned by specially trained staff members who were aware of the situation in the relevant country of origin, including the problem of child soldiers. If they found that the refugees were victims of torture or otherwise traumatized, they received additional specialized care. Since the entry into force of the Immigration Act in early 2005, the chances of being recognized as a refugee in Germany had improved significantly for child soldiers, as well as for children who had fled the danger of compulsory recruitment, Ms. Wittling-Vogel underlined. That was owing to the fact that persecution by non-Government actors, such as rebel groups using child soldiers, was now considered to be a reason for granting refugee status. A ban on deportation could also be considered on the ground that there was a danger of compulsory recruitment.
Questions by Experts
LUCY SMITH, the Committee Expert serving as Rapporteur for the report of Germany, welcomed the large delegation of Germany, which she saw as an expression of Germany's willingness to comply with the Optional Protocol on the involvement of children in armed conflict. In particular, the Committee noted the contributions made by Germany for the rehabilitation and reintegration of former child soldiers in countries affected by armed conflict, as well as to promote the European Union Guidelines in this area. It was further a matter of pleasure to hear that Germany had asked the national human rights institution to focus on the Protocol in its human rights education programmes.
Ms. Smith agreed with the statement made by the delegation today regarding Germany's laws on age limits on enlistment, Germany was not violating its obligations under articles 1 and 2 of the Optional Protocol. Nevertheless, she would ask that the age limit for voluntary enlistment or recruitment into the Armed Services in Germany be raised to 18 years of age.
While Ms. Smith welcomed the information provided today that children seeking asylum in Germany were now able to attain refugee status for fear of recruitment as child soldiers, she was concerned that it was very difficult to establish those facts. She would appreciate more information on the cases of asylum-seeking minors between 16 and 18 years old, in particular whether they were still being treated as adults under the law.
Furthermore, it was not clear to what extent former child soldiers were receiving specialized care. Was this always provided in each case, Ms. Smith asked? Also, was sufficient funding provided for psychological and social rehabilitation programmes for former child soldiers?
As for extraterritorial jurisdiction in cases involving child soldiers, Ms. Smith wondered if the double criminality rule continued to be applied, and if so why that was so.
Other Experts then raised a series of questions and made comments. Was there was any information available about human rights violations committed by German peacekeeping contingents abroad, an Expert asked? Also, what measures were in place to prevent hazing, bullying or other undue pressures being placed on the new recruits?
A number of Experts echoed the Rapporteur's concern about the age limit of 17 for voluntary recruitment in the armed forces, while agreeing that it was not strictly a violation of the Optional Protocol. Children should be given some breathing space to find their career path. In that connection, an Expert wondered what other programmes were available to those leaving school to help them to find a vocation. It was also pointed out that it was hard to reconcile the spirit of peace education for children with military training. Recruitment at the age of 17 might not be against the letter of the Protocol, but it contradicted its spirit of protecting all children, defined as those under 18.
An Expert wondered if the concept of "taking a direct part in hostilities", which was prohibited for children under the Optional Protocol, had been defined under German law. As for use of weapons by trainees in the Armed Forces under 17, while it was clear that firearms were taken away from such trainees following training sessions, did that extend to all weapons?
An Expert asked what training was provided to the immigration officials and who provided it. Also of interest would be more information on training for the armed services on the Optional Protocol. Was there a law banning the sale of weapons to countries in which there were child soldiers? Finally, according to reports received, the German peacekeeping troops in Afghanistan were using children in their demining operations. Could the delegation provide more information on that issue?
An Expert was concerned to know if Germany's experience in this area had enabled it do put together a strategy to identify asylum seekers who were former child soldiers. Further, were all the judges who were involved in the refugee interview process all trained in the issues under the Protocol? Finally, an Expert asked for further information on civil society and non-governmental organization contributions in this area.
Response by the Delegation
Responding to questions on the issue of civil society involvement in this area, Ms. Wittling-Vogel said that the report had not been drafted with the help of civil society organizations, but it had been given to them at the draft stage and consultations were undertaken at that stage. They were also currently working on guidelines for the involvement of civil society organizations in the reporting process.
Turning to the issue of the enlistment age, for now it was 17 and there were no plans to change that. But it was subject to future political discussions, Ms. Wittling-Vogel
On weapons exports, Ms. Wittling-Vogel had no specific knowledge about a ban on export of weapons to regions where child soldiers were present, but, in principle, Germany did not export weapons to crisis regions, and a number of ministries were involved in a panel that oversaw that.
Continuing to respond to questions, another member of the delegation wished to address the issue of the vulnerability of 17-year-olds and the need for them to be free to choose a career path. He said it was important to remember that all 17 year-old recruits had to have their parents consent. There were also vocational training programmes in other areas, organized by the Chamber of Commerce, in conjunction with other industrial actors.
As for weapons use by 17-year-old recruits, there was no specialized weapons training, using knives and such, the delegation said.
Pre-deployment training on the issue of child soldiers included information on the legal rules, cultural and historical information relevant to the issue of child soldiers, and psychological training – i.e. what to do when child soldiers were encountered. This issue had been of particular importance in deploying troops to the Democratic Republic of the Congo in 2006. There were a number of legal issues that were discussed in the trainings. For example, when should troops take action to take child soldiers into care. There was a balance in terms of danger involved that had to be taken into account. German troops did not "capture" child soldiers. Once taken into care, the child soldiers were disarmed and provided with psychological care and a search made for their families. That avoided the whole issue of enemy combatant status.
In terms of protecting underage soldiers from abuse by older soldiers, there was a complaints procedure within the Armed Forces, as well as a Parliamentary Ombudsman's Office that was outside the services and was competent to hear such complaints.
Concerning extraterritorial jurisdiction, Germany had absolute power to prosecute grave international crimes committed worldwide that fell under the Rome Statute, to which Germany was a party. As for foreigners who committed crimes outside of Germany but were currently in German territory, or for crimes committed by anyone against a German or that were committed in Germany, they could be prosecuted under German domestic law. The principle of double criminality did not apply for children under 16, and it was therefore possible to prosecute acts that were committed outside Germany in their regard even if those acts were not crimes in the State where they were committed. However, for children of 16, 17 or 18 years old, double criminality did apply – that is the crime committed had to be either punishable abroad or there had to be no prosecuting authorities in that State for that crime to be justiciable in Germany.
Human rights education started in primary school in Germany. Children were taught to deal with others peacefully. This programme was organized by the German Human Rights Institute. Social sciences, history lessons and ethics classes also incorporated a human rights component, and sought to promote "peaceful thinking", the delegation said.
On asylum procedure, the delegation said that, for previous years, statistics were only available for those unaccompanied minors who were under 16 years of age. It remained true for the asylum procedure that 16 and 17 year olds were able to act on their own, as adults. Some asylum-seekers in that age group were appointed guardians to assist them during the procedure, but it was not mandatory. Following new legislation enacted in 2005, 16 and 17 year-olds were now more often granted such guardians.
In 2007, 180 applications were received for asylum seekers under 16, and 18 were granted asylum. In 2006, out of 186 unaccompanied minors filing asylum applications, 13.3 per cent had been granted asylum. Importantly, starting in 2008, statistics were being gathered for 16 and 17-year-old unaccompanied minors, even though they were considered to have attained their "majority" for the purposes of the asylum procedure, the delegation said.
As for training for immigration officials, there were 22 offices throughout the country, with more than 150 Special Commissioners in the Immigration Office, with specializations in specific areas such as female genital mutilation, torture and gender specific violations, the delegation said. Currently, 32 such Commissioners specialized in issues surrounding unaccompanied underage minors, 45 had a gender specific violations specialization, and 45 focused on issues relevant to torture victims.
Preliminary Observations
In preliminary concluding observations, LUCY SMITH, Committee Expert serving as Rapporteur for the Report of Germany, thanked the delegation for the wealth of information provided. The international cooperation Germany had shown in this area was welcome.
However, the Committee was still concerned that the age of voluntary enlistment in the Armed Forces was 17 years of age, Ms. Smith said. But the Committee's greatest worry was the procedures for 16- and 17-year-old asylum seekers, who should be treated as children and not as adults for the asylum process. There was also not enough being done to raise awareness on the Protocol, in particular for professionals involved with children.
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