CONCLUDING OBSERVATIONS FOR 69TH HONDURAS REPORT ON THE OPAC

CRC/C/OPAC/HND/CO/1

Held by the Committee: 5 June 2015

Published by the Committee: 8 June 2015

Issues raised: 

 

Data:

The Committee notes the information provided by the State party on the current and planned   information   management   systems   on   children’s   issues.   It   is   however   concerned   with the lack of a comprehensive data collection system covering all matters related to the Optional Protocol. (para. 13)

Compulsory recruitment:

Despite the State party reporting that no forced recruitment of children into armed forces occurred, the Committee is concerned about reported cases of forced recruitment of children into the armed forces after the coup d'état of 2009. (para.)

Military schools:

The Committee notes the information provided by the State party concerning the functioning of military and mixed civilian-military schools. The Committee is however concerned that those high school students (sixth to ninth grade) of Liceo Militar del Norte who enlist as draft reserve officers receive training on the use of weapons. The Committee is   also   concerned   with   the   reported   lack   of   students’   access   to   independent   complaints mechanisms. (para. 17)

Military training:

The Committee remains deeply concerned with the government of Honduras “Guardians   of   the   Fatherland”   programme   and   with   the   participation   of   thousands   of   children, some as young as 7 years old, in activities carried out by military units and in installations of the Armed Forces. The Committee considers that this programme is incompatible with the purpose and aims of the Optional Protocol and can only result in increased violence among children and adolescents and further militarization of the Honduran society. (para. 19)

Control of Weapons:

The Committee notes the draft law on the control of weapons in Honduras, but regrets the delays in its approval. The Committee is also concerned with the lack of information on specific measures to prevent children and adolescents from gaining access to firearms, as well as the measures that have been adopted to recover the firearms that are currently being used by children and adolescents in the State party. (para. 21)

Human rights and peace education:

The Committee is concerned about the insufficient promotion of the culture of peace, as a mandatory part of primary and secondary school curricula and in teacher training programmes. (para. 23)

Criminal legislation and regulations in force:

While noting that the Constitution sets the minimum age of military and police service at 18, the Committee regrets that the legislation does not explicitly criminalize forced recruitment and the use of children by the armed forces. The Committee is also seriously concerned that the Military Service Act (Ley del Servicio Militar) prescribes 15 years as the minimum age for the recruitment into armed forces in times of an international armed conflict. The Committee is further concerned that the recruitment of children below the  age  of  15  has  not  been  defined  as  a  war  crime  in  the  State  party’s  legislation. (para. 25)

Prohibition of recruitment by non-State armed groups:

The Committee regrets that the State party has still not adopted an explicit prohibition of recruitment of children by non-State armed groups. (para. 27)

Extradition:

The Committee notes the obligation by the State party under the Statute of Rome to hand over to the International Criminal Court any person summonsed thereby to respond for crimes against children. However, the Committee regrets that the State party has not taken any action to enable extradition for crimes covered by the Optional Protocol but outside the mandate of the International Criminal Court. (para. 29)

 
Country: 

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