In a
letter sent to Minister of National Defence Peter MacKay, the B.C. Civil
Liberties Association (BCCLA) and Amnesty International Canada call on the
Department of National Defence to take immediate action to bring its policies
and practices regarding children apprehended in course of military operations
in Afghanistan
into compliance with international law.
Recently
disclosed documents indicate that the Canadian Forces have mishandled these
children in a manner that contravenes Canada’s international
obligations under the UN Convention on the Rights of the Child and the
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict.
“International
treaties that Canada has ratified make it clear that when alleged child
soldiers come into the custody and care of Canadian Forces, Canada’s
primary obligation must be to ensure that they are demobilized and that they
receive the assistance they need to ensure their physical and psychological
recovery and their social reintegration,” says Alex Neve, Secretary
General of Amnesty International Canada.
“Recruiting
and using children by government forces or armed groups is among the most
serious crimes under international law. Children who are the victims of
enlistment urgently need support. Canada has an obligation under
international law to assist child victims by providing remedies and
rehabilitation,” says Carmen Cheung, Counsel at the BCCLA.
The
BCCLA and Amnesty International have serious concerns that children are
currently being apprehended, detained and transferred to the National
Directorate of Security, Afghanistan’s
notorious intelligence service widely believed to engage in abuse and torture
of prisoners.
In
addition to concerns about the treatment of children who have been detained
by Canadian Forces, the groups remain concerned about the wider approach Canada has adopted to the handling of
prisoners apprehended in the course of military operations in Afghanistan,
given the widespread use of torture in Afghan prisons.
Current arrangements
do not satisfy Canada’s
obligations under international human rights and international humanitarian
law, particularly the prohibition on torture and other forms of cruel,
inhuman or degrading treatment or punishment.
Given
the mounting concerns about the human rights failings in Canada’s approach to handling prisoners
in Afghanistan, the
organizations have reiterated their call for a comprehensive public inquiry
into all aspects of Canada’s
Afghan detainee policy and practice.
Read
the letter to Minister of National Defence Peter MacKay >>
Read
recently disclosed documents concerning handling of children >>