SECTION 4: Repatriation
124.
The repatriation of children affected
by the foreign fighter phenomenon and their
families who are outside of the country of
origin or parents’ nationality has been a
contentious issue in recent years. Such children may include those who were recruited
across borders by designated terrorist groups
and have traveled independently, those who
were brought by family members who crossed
borders to join designated terrorist groups, and
those who were born to individuals who crossed
borders to join designated terrorist groups.
125.
Currently, some countries of origin
refuse to receive adults suspected of being
associated with armed groups, including
designated terrorist groups, and their children.248
Consequently, children are left in prolonged
detention or situations of deprivation of
liberty in restricted camps while in legal and
administrative limbo.249 Other countries have
expressed willingness to repatriate only
children from conflict zones and not their
parents, inevitably leading to the risk of
family separation. Additionally, some States
have also implemented a policy whereby only
orphans are repatriated. Yet others have adopted
policies to take only children younger than a
certain age, in contravention of international law,
which provides special protection to all children,
regardless of age. If implemented, these policies
will inevitably result in family separation—from
both primary caregivers as well as older siblings.
126.
Refusal to repatriate children with their
248 S/2019/103, para. 21.
249
A/HRC/40/70, para. 10.
parents or the repatriation of children only or
children under a certain age can contribute to
insecurity in the long term. Leaving children
and their parents in prolonged detention and
administrative limbo delays or prevents them
from accessing basic services, such as health care
and education, as well as participating in the rehabilitation and reintegration process, possibly
leading to perpetual marginalization. Separation
of a child from his or her parent or primary
caregivers is likely to cause emotional distress,
anxiety, fear, anger and possibly resentment,
all of which may hinder full reintegration into
society. When it is in the best interests of the child,
repatriation together with parents or primary
caregivers and other siblings provides the best
option to support the child and the parent to
rehabilitate and reintegrate with family
support. Even when the parent is facing criminal
proceedings and held in detention or
imprisoned upon repatriation, being in
physical proximity to the child allows maintaining
the family relationship more easily than if they
were separated in different countries.
127.
As summarized in previous chapters, the
right to nationality and the right to family life are
fundamental rights guaranteed for every child
under international law. The present chapter
summarizes key international human rights and
humanitarian provisions, provided that they are
applicable to States of origin, that obligate them
to facilitate the repatriation of children who are
their nationals or who claim their nationality
while they are in conflict-affected areas because
of the foreign fighter phenomenon. Fundamentally, the process of repatriating a child to his or
her country of origin or nationality must comply
with both the best interests of the child principle
59.