Finally, given the cross-border nature of violence and
abuses faced by children affected by the
foreign fighter phenomenon, specific legislation,
policies,
programmes,
and
partnerships
between concerned States may be required.316
Example from Indonesia—
A memorandum of understanding for
a whole-of-government approach
The
Government
of
Indonesia
has
emphasized
a
“whole-of-government
approach”. Multiple agencies work closely in
relation to families returning from conflictaffected areas. Agencies involved include the
National Agency for Counter Terrorism, the
Ministry of Home Affairs, the Ministry of Social
Affairs, the Indonesian National Police and the
Commission for the Protection of Children. A
memorandum of understanding was signed by
these departments for the rehabilitation and
reintegration of returnees, including children.
The role of civil society organizations has also
been very important. They play a critical role
in supporting social workers working with
returnees and advising local governments to
ensure protection of the rights of returnees.
5.2
Key Recommendations
158.
The following are recommended:
a. Ensure that the primary goals of all
measures concerning children affected by the
foreign fighter phenomenon are protection,
rehabilitation and reintegration. This does not
preclude investigation and prosecution of a
child above the minimum age of criminal responsibility, according to international juvenile justice principles and fair trial standards,
when credible evidence of commission of a
crime exists. However, alternatives to prosecution should always be considered.
b. Design and implement strategies and
programmes
to
facilitate
children’s
repatriation, in cases in which they are
outside of the country of nationality, rehabilitation and reintegration into their families and societies, without stigmatization or
discrimination.
c. Upon repatriation, engage children in standard child protection systems without isolating them, and ensure they receive rehabilitation and reintegration services, including,
when needed, support in relation to their
mental health, psychosocial well-being and
gender-based violence.
d. Ensure that design and delivery of
rehabilitation and reintegration programmes
are:
•
•
•
316 Committee on the Rights of the Child, general comment
No. 13 (2011), para. 76.
72.
•
Based on the best interests of the child
principle;
Reflecting the views of the child;
Provided through a multi- and inter-sectoral approach;
Age, gender and disability sensitive;
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