CRC/C/GC/11
page 15
resources or that, because of remoteness, serve as a base for non-State armed groups. In other
situations, indigenous communities reside in the vicinity of borders or frontiers which are
disputed by States.29
65. Indigenous children in such circumstances have been, and continue to face risks of being,
victims of attacks against their communities, resulting in death, rape and torture, displacement,
enforced disappearances, the witnessing of atrocities and the separation from parents and
community. Targeting of schools by armed forces and groups has denied indigenous children
access to education. Furthermore, indigenous children have been recruited by armed forces and
groups and forced to commit atrocities, sometimes even against their own communities.
66. Article 38 of the Convention obliges States parties to ensure respect for the rules of
humanitarian law, to protect the civilian population and to take care of children who are affected
by armed conflict. States parties should pay particular attention to the risks indigenous children
face in hostilities and take maximum preventive measures in consultation with the communities
concerned. Military activities on indigenous territories should be avoided to the extent possible,
the Committee recalls article 30 of the United Nations Declaration on the Rights of Indigenous
Peoples in this regard.30 States parties should not require military conscription of indigenous
children under the age of 18 years. States parties are encouraged to ratify and implement the
Optional Protocol on the Involvement of Children in Armed Conflict.
67. Indigenous children who have been victims of recruitment in armed conflict should be
provided with the necessary support services for reintegration into their families and
communities. Consistent with article 39 of the Convention, States parties shall take all
appropriate measures to promote physical and psychological recovery and social reintegration of
a child victim of any form of exploitation, abuse, torture or any other form of cruel, inhuman or
degrading treatment or punishment or armed conflicts. In the case of indigenous children, this
should be done giving due consideration to the child’s cultural and linguistic background.
68. Indigenous children who have been displaced or become refugees should be given special
attention and humanitarian assistance in a culturally sensitive manner. Safe return and restitution
of collective and individual property should be promoted.
Economic exploitation
69. Article 32 of the Convention provides that all children should be protected from economic
exploitation and from performing any work that is likely to be hazardous or to interfere with the
child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or
social development. In addition, ILO Convention No. 138 (Minimum Age Convention) and
Convention No. 182 (Worst Forms of Child Labour Convention) set parameters for
29
UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 13.
30
United Nations Declaration on the Rights of Indigenous Peoples, A/RES/61/295, article 30.