The situation facing women and children with links to United Nations listed terrorist groups is increasingly untenable. There is an urgent need to identify and implement solutions, which must acknowledge the distinct profiles of the individuals concerned and be specific to the immediate, medium- and longer-term challenges facing the countries and communities involved. The solutions needed go well beyond the immediate response to humanitarian needs and cannot be provided by humanitarian actors alone. Necessary measures include political engagement; repatriation; justice; prosecution (where appropriate), rehabilitation and reintegration; access to psychological expertise and support services; and consideration of security issues. This requires the engagement of Member States and other relevant actors, including civil society.
The United Nations has a responsibility to support Member States to comply with their obligations under international law. There are specific international law obligations applicable to Member States’ action with regard to women and children with links to UN listed terrorist groups. However, UN agencies and other humanitarian actors engaged on the ground are faced with multiple challenges, including those of a political and practical nature.
Although some Member States have begun repatriating women and children, the pace of repatriation is slow, marked by unclear processes, and contingent on the availability and willingness of the Member State to provide consular services. The fate of these women and children often depends on the application of national laws, the level of protection they are granted (including international protection) and the approaches of the host countries and countries of origin to deal with this complex issue.
This situation is further complicated in practice as many children do not have legal documentation, are orphaned, or, are either accompanied by foreign mothers or fathers whose fates are uncertain or separated from their parents or responsible caregivers. Many of these women and children have been subjected to human rights violations and abuses and exposed to extreme acts of violence, with little or no access to appropriate medical, psycho-social and other forms of support, including holistic rehabilitation and reintegration programmes. In particular, children who have been living in areas under the control of such groups or who are otherwise suspected of having links with such groups, are critically vulnerable and subject to violence at multiple levels. They require specific protection and are entitled to individualised care and consideration.
This paper outlines the key legal, policy and operational principles that must be adhered to in the UN’s system-wide response to this challenge. This includes improving system-wide coordination through the United Nations Global Counter-Terrorism Coordination Compact. It is not intended to be an exhaustive document, but rather, one that clarifies the vital elements that must be met by all UN entities in their support to protection, repatriation, prosecution, rehabilitation and reintegration efforts. This set of principles is particularly timely in light of the increasing demand for UN assistance in this context.
You can find the original publication here
