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.

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