From 2019 – 2024 our research team is studying the development rights of children who are living in unrecognized states. Here you find all vlogs and blogs related to the theoretical part of this study, which includes mainly legal/political questions. Please find a short description of the research project here.

Towards inclusive global rights protection for children living in de facto states

By Naz Beyaz & Duru Dulger & Maria Prieto - 19 March 2024

The International Conference on Realising Children’s Development Rights in De Facto States took place in-person on January 2024, in Famagusta, Northern Cyprus. The primary objective was to facilitate meaningful conversations among children, academics, activists, and other stakeholders, contributing to ensuring that all children, even those in the midst of political and legal conflict, have equal access to development rights.

The conference successfully brought together 49 participants, including from Somaliland, Palestine, the Turkish Republic of Northern Cyprus (TRNC), the Sahrawi Arab Democratic Republic, and Nagorno-Karabakh. Notably, this marked the first international meeting of children’s rights practitioners of de facto states, providing a platform to share challenges, experiences, and collaborative on problem-solving efforts.

The conference's first day delved into children's rights issues in de facto states, with representatives from each state discussing legal protections, safeguarding approaches, and diverse strategies. The second day focused on concrete solutions, including how the UN Committee on the Rights of the Child could incorporate these children into their monitoring and reporting mechanisms. In a workshop format, we explored several concrete potential solutions, such as the idea to appoint a UN special rapporteur on children’s rights in de facto states.

Child reporters Naz and Duru from TRNC actively participated in the conference, and they shared the following thoughts:

“The “Child Rights in De Facto States Conference” was an eye-opening experience for both of us. Being from De Facto states ourselves, the role of junior media reporters allowed us to fully experience and comment on all aspects of the program. It was truly the first time that we felt fully understood and seen. We were all given the opportunity to speak up about the issues we were facing in our countries, which allowed us to openly speak about the problems in our De Facto state as well as get detailed insight into what issues other countries could be facing.

Please find below a video by our child reports Naz and Duru, giving some insight into the conference experiences.

By Maria Prieto – 19 November 2023

“What makes me and the rest of the children living in unrecognized states less human than the children living in other states?”

Stories

1. The Turkish Republic of Northern Cyprus

“Children who require or request therapy are denied and ridiculed or completely ignored”.

Dürü and Naz, two children from the Turkish Republic of Northern Cyprus, talked about systemic issues affecting children's well-being in education and family dynamics. Dürü explained problems within the Turkish Cypriot education system, including differences between public and private schools, unstable school buildings with frequent electricity cuts, and the neglect of children’s mental health challenges and neurodivergence. Naz discussed challenges within families, talking about how children have a hard time when parents separate and the stigma surrounding therapy. Both, Dürü and Naz, shared their experiences to raise awareness and called for actions in addressing the everyday struggles faced by Turkish Cypriot children in education and family life.

2. Somaliland

“The education system needs a lot of work to adapt to today's world and the different needs of students”.

Marwa, Nimco, Ridwan, and Hanad shared with us that the most pressing issues for children’s rights in Somaliland are in the areas of education, healthcare, and employment. They emphasized the need for equal opportunities in schools, calling for qualified teachers and a unified education system. Secondly, they explained the urgent need for accessible and quality medical services for all. In the employment sector, they want a fair hiring process and more job opportunities. They believe that the children in Somaliland should be able to say what they think and dream about, and they want to work together to make the future better for everyone.

       3. Sahrawi Arab Democratic Republic

“Insufficient funds also mean inadequate safety measures for children. Schools are frequently situated far from the homes of many children, making the journey unsafe, particularly for girls, putting their academic progress at risk.”

Moha took us on a journey to the desert refugee camps, where children like her face huge challenges in relation to education. She explained how the lack of finances leads to overcrowded classrooms, the absence of teachers, and a deficit of essential resources. The consequences include kids dropping out of school, an adverse impact on their well-being, and limited opportunities, particularly for children with special needs. Moha believes that everyone, no matter where they come from, should receive a good education because it can bring a positive change in society. Therefore, she asked for urgent need for improvements in the education system to make sure everyone has a better future.

        4. Nagorno-Karabakh

“In the war of September 27, 2020 in Nagorno-Karabakh, all the rights of children were violated, in particular- the right to life, the right to free movement, the right to education”.

Marine and Lusine shared heart-wrenching experiences of the 2020 war and the subsequent challenges they faced, including the loss of homes, cities, and loved ones. This happened in the ongoing conflict between Azerbaijan and Armenia over the Nagorno-Karabakh region. They told us that the blockades imposed by Azerbaijan left them without essential resources, violating their fundamental human rights.  On September 19, 2023, Azerbaijan attacked the Armenians living in this region, taking away their right to live in their homeland through military force and twenty-four-hour aggression against the civilian population. This attack impacted heavily on children’s basic needs and rights. Both Marine and Lusine emphasized the need for international attention and condemnation of these atrocities. Expressing disappointment at the insufficient global awareness of their situation, they concluded: “My Motherland, the place of my birth, will cease to exist on January 1, 2024”.

       5. Palestine

“More than 3,500 children have died since 7 October 2023”. 

Sadeen and Yossed shared what’s been happening in Palestine during the last weeks. Their colleague from Gaza, Lama, who was expected to join this conference could not participate because they lost contact with her. In Gaza, the Israeli military has been targeting residential buildings and civilian homes, primarily affecting children. They told us that this marks the fifth war for children of their age. Instead of enjoying a peaceful childhood, they’ve grown up under the constant threat of death, arrests, and a lack of essential resources such as food and clean water.

Additionally, in the West Bank, daily violations of children’s rights, such as Israeli military checkpoints restricting movements and the demolition of schools, are a prevalent concern. Palestinian children urgently require protection, peace, and support to safeguard their human rights. It is crucial for the global community to stand alongside them, working together to find lasting solutions.

Responses

These stories were heard by academics, and different stakeholders, including the United Nations (UN), with Benoit Van Keirsblick participating as a member of the UN Committee on the Rights of the Child (CRC Committee).  Benoit expressed the efforts the UN is making to contact Israeli authorities and expressed his concern about this situation. Additionally, he explained how the CRC Committee works and its procedures. He emphasized the importance of receiving testimonies from children in conferences like this, as it is crucial for gaining an understanding of the situation and identifying the needs in these countries.

The main aim of the committee is to ensure the practical implementation of the Convention, highlighting its significance beyond mere theory. Challenges arise with states outside the UN, underscoring the necessity for the Convention’s universal application, regardless of a country’s UN membership status. Currently, the primary goal is to monitor children’s right globally, aiming to address territories outside the UN. He is committed to continuing to seek solutions together, with a clear vision in mind: to support and defend children’s rights.  

Screenshot depicting some of the participants, including Benoit Van Keirsblick, a member of the UN Committee on the Rights of the Child

In conclusion, Guleid Ahmed Jama, a children’s rights researcher from Somaliland, emphasized the significant challenges faced by unrecognized states in terms of accountability, education, access to global resources, and humanitarian concerns amid frequent conflicts. For him, recognizing the plight of these states within the international system is vital. Currently, the international system just focus on the UN, overlooking rights violations in these regions. As these countries are not UN members, there is a crucial need to establish proper mechanisms, reports, and international protection to ensure the safety of children.

What’s Next?

Listening to children’s stories was impactful, constructive and primarily served as a starting point. Our goal is to convene and explore practical, long term solutions. Subsequently, this conference will be succeeded by an in-person event on 17-18 January 24 in Famagusta, northern Cyprus. This event will feature presentations by academics and activists dedicated to children’s rights, along with a final report based on the outcomes of the chil-led events. Finally, we will do a workshop to develop a shared preliminary answer and agenda for action centred on how to better protect and realise the rights of children living in de facto states in the future.

By Marieke Hopman & Emmanuel Achiri - 19 October 2023

Since the start of our project in 2019, four de facto states got involved in armed conflict. We argue that this shows that children living in de facto states deserve more attention from the international community (rather than less, as is currently the case).

All de facto states are subject to political conflict. This is part of the reason why they are de facto states: because there are other states that claim the same territory, and as a result of political and sometimes military actions, they cannot become UN member states. So while these de facto states fully function as states (with a population, government and a territory), they are not fully recognised as states, and the people living in de facto states suffer political and economic consequences of their countries’ disputed status. For example, some de facto states are under economic embargo, so that it is very difficult for people living in these areas to engage in international trade. Politically, they are under constant threat of annihilation, if the state who claims the territory chooses to reclaim the territory through military means. Such developments we have seen recently.

Since the start of this project in 2019, four de facto states who are part of our project became involved in an armed conflict. First, in 2020, the Sahrawi Arab Democratic Republic (SADR) restarted their war against Morocco over the territory of the Western Sahara that is currently under Moroccan control. This happened after a 29 year ceasefire had been in place, yet the promised referendum for self-determination had still not materialised, and nothing had improved for the Sahrawi refugees in camps in Algeria. Second, in February 2023, armed conflict broke in the Los Anod region of Somaliland between the Somaliland state army and local Dhulbahante militias. Although the conflict is currently at low intensity fighting, children are still at grave risk. Third, also in 2023, after nine months of blockade of the main supply route, Azerbeijan attacked Nagorno-Karabakh, claiming the territory. In this case, the military power of Azerbeijan was overwhelming. All children living in Nagorno-Karabakh have moved to Armenia, and per 1 January 2024 Nagorno Karabakh seizes to exist. A few weeks later, Hamas attacked a group of Israeli near the Gaza border, and this started a war between Israel and Hamas which has only just begun. The attack by Hamas (and their holding of hostages, including children), provoked an extremely severe military reaction by Israel, who are heavily bombing Gaza and do not allow for humanitarian aid (including food, water, fuel and medical supplies) to be delivered to the area. UNICEF warns that “time is running out for children in Gaza”.

"We exist," by Ridwan (14), Somaliland.

Zooming out of the recent catastrophes, these developments show that children living in de facto states, no matter their ethnicity, nationality, religion or political affiliation, are subject to very vulnerable circumstances. Today and any day. As one child in the Turkish Republic of Northern Cyprus (TRNC) told Marieke in 2017:

"It hurts when I am growing [up] because all dreams that you have are limited […] you can’t really evolve roots because something might come up, like a [political] solution that will change the whole game."

This is the situation in which children in de facto states live, in times of war and in times of peace. The recent events show that children living in de facto states deserve MORE attention from the international community, instead of less.

On 28 October 2023 16.00h CEST, children from different de facto states (Palestine, Nagorno-Karabakh, Sahrawi Arab Democratic Republic, Somaliland, Turkish Republic of Northern Cyprus) will share their stories in a child-led online event titled “Children in de facto states: We want to share our stories!”. If you like to join, please sign up here.

By Ramesh Ganohariti - 26 October 2021

Following the collapse of the Soviet Union, questions of nationality (i.e. legal status) became crucial since overnight Soviet nationality disappeared and was replaced by new citizenship regimes. While each, now newly independent, Soviet Socialist Republic adopted citizenship legislation, not all Soviet citizens gained access to a new citizenship due to political, social, and practical reasons. What complicated the issue further was the appearance of the de facto states of Abkhazia, South Ossetia, Transnistria, and Nagorno-Karabakh, which, despite non-recognition, established their own citizenship regimes. This blog post takes the case of Abkhazia and outlines rights issues, particularly affecting children and young adults, arising out of the non-recognition of the de facto state citizenship.

The most important issue relates to the limited international recognition of the citizenship conferred by de facto state authorities. Particularly before 2008, Abkhazia was internationally unrecognized, and thus by extension neither was its citizenship regime or passport. What this meant was that despite being able to enjoy rights flowing from citizenship (e.g. voting, owning property, access to education) within Abkhazia, citizens had limited options to freely travel, study, work or get healthcare abroad. Thus, due to the non-recognition of Abkhazian citizenship, individuals had to compensate for the lack of rights by accepting a citizenship from another state (i.e. in this case the citizenship of Russia). Acquisition of Russian citizenship became most prominent in the period 2002-2004, when over 60% of the population acquired citizenship, bringing the total proportion of Abkhazians with Russian citizenship to over 80%, and currently stands at around 90% (note that there are no official statistics on this).

While most of the population now had an effective and internationally-recognized nationality, the remaining Abkhazians without any other nationality continue to be in limbo. While no exact data exists, according to a local source at least 5000 Abkhazians do not have any other citizenship. The most affected are young adults and children, who continue to struggle with a lack of travel and education opportunities.  This group is likely to continue to increase since children born to mono-citizen parents will lack access to any other nationality. The situation changed slightly with the limited international recognition of Abkhazia, starting with Russia in 2008. While this was considered a monumental step by Abkhazian authorities, Abkhazia to date has been only recognized by five UN members. Thus, once again without widespread recognition individuals’ access to the international system remains restricted.  The issues of non-recognition also extend to the non-recognition of Abkhazian diplomas outside of Russia, because of which many young Abkhazians are constrained in their higher education options. Some dual citizen youth chose to study in Russia, and thereafter use that diploma to gain admittance to foreign universities, resulting in a brain drain from Abkhazia. This option however does not exist for mono-citizens since they can only travel to the handful of polities that recognize Abkhazia, and in practice the only higher education destination is Russia.

Another at-risk group are ethnic Georgians, many of whom do not have Abkhazian citizenship but continue to reside in the territory. One issue affecting ethnic-Georgian children (most of whom don’t have Abkhazian citizenship) relates to limited access to education in the Georgian language and engagement in cultural activities, resulting in some parents being forced to move their children to schools in the territory under Georgian control. Following graduation, many continue to study in Georgian universities, also resulting in a local brain drain. In addition, there is some evidence that in certain cases, ethnic-Georgians, particularly minors, are denied Abkhazian citizenship, thereby restricting their rights and opportunities within Abkhazia.

The above examples show that (geo)political issues associated with identity, citizenship and passports heavily affect the lives of ordinary residents, specifically children and young adults whose educational opportunities become restricted. It may be further argued that these hindrances negatively affect (even if not contravene) the education rights mentioned in Articles 28-29 of the Convention on the Rights of the Child. A potential solution might be to extend the EU’s engagement without recognition policy more directly to the area of education. For example, international actors could follow the example of the UK’s Chevening Scholarship, which list “South Caucasus” as an option. Furthermore, states that block access to Abkhazian students should realize that that providing access to education in their countries can foster people-to-people contact and become part of the broader public diplomacy strategy used to engage with youth from these isolated regions. Lastly, the rights of children and youth in post-Soviet de facto states, in general is underexplored, and scholars working on children’s rights are encouraged to also explore this region. 

Ramesh Ganohariti is a PhD research at Dublin City University. His work with the Children’s Rights Research platform has been partially funded by the Young European Research Universities Network.