Introduction
The Amman Conference on the Use of Child Soldiers: A Middle East and North Africa Consultation was held in Amman, Jordan from 8-10 April 2001 under the patronage of HRH Queen Rania Al-Abdallah. The event, organised by the international NGO Coalition to Stop the Use of Child Soldiers, the Jordan Institute of Diplomacy and the UNICEF Middle East and North Africa regional office was the fifth in a series of regional conferences aimed at highlighting the worldwide exploitation of children as soldiers and building momentum and effective strategies for a global ban on this abuse.
The conference was attended by representatives of 14 governments, including the following 12 from the region: Algeria, Bahrain, Egypt, Jordan, Morocco, Palestinian National Authority, Qatar, Saudi Arabia, Sudan, Syria, Tunisia and Turkey. Participants also included more than 70 representatives of local and international NGOs from across the region, national human rights and children’s rights institutions, international agencies and UN bodies.
The conference opened in plenary with a number of keynote and expert speakers. The conference was presented with a draft research report prepared by the Coalition on the scale of the problem in the region. On the second day, the conference broke into concurrent working groups on specific topics, before reconvening in plenary on the third day to hear working group reports and adopt a conference declaration.
The Amman Declaration on the Use of Children as Soldiers, adopted at the conference and reproduced in this report, strongly condemned the military recruitment and use of children by governments and armed groups across the region, called for prompt ratification and implementation of the new Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and other international standards, and included a large number of concrete recommendations for follow up in the region.
After the conference, NGOs held an informal meeting to discuss practical follow up to the conference and lay the basis for ongoing networks, campaigns and programs at the national and regional level.
This report was prepared by Mervat Rishmawi, Legal Adviser, Amnesty International and Rory Mungoven, Coordinator, Coalition to Stop the Use of Child Soldiers.
Day One
Opening Ceremony
MC: Dr Zina Haj Hasan, Jordan Institute of Diplomacy
Dr Kamel Abu Jaber, President of the Jordan Institute of Diplomacy, welcomed delegates to the conference. The Institute had been pleased to organise this important event with the Coalition to Stop the Use of Child Soldiers and UNICEF regional office under the patronage of Her Majesty Queen Rania Al-Abdullah. The plight of children in armed conflict was a major preoccupation of our times. The conference took place against a backdrop of violence in the Palestinian territories that was having a catastrophic impact on the lives of children. We did not need international law to tell us this was wrong but rather our own humanity and love for children. Dr Abu Jaber hoped participants would draw upon this in their discussions to develop strong and practical measures for the protection of children.
Rory Mungoven, coordinator of the Coalition to Stop the Use of Child Soldiers, welcomed the participants and gave a brief overview of the Coalition’s activities and the format and objectives of the conference. He said the Coalition was extremely honoured that Her Majesty Queen Rania Al-Abdullah had agreed to be patron of this conference and thanked the Jordan Institute of Diplomacy, UNICEF Regional Office, the Governments of Finland and Switzerland and Radda Barnen for making this event possible.
The Coalition to Stop the Use of Child Soldiers was formed in June 1998 and now brought together more than 300 NGOs in more than 40 countries. This was the fifth in a series of regional conferences which had demonstrated the strong international consensus against the military recruitment of children and developed practical strategies and recommendations for the protection of children. Previous conferences had been held in Maputo, Mozambique (April 1999), Montevideo, Uruguay (July 1999), Berlin, Germany (October 1999), Kathmandu, Nepal (April 2000). The Coalition had also undertaken research, campaigns and advocacy and capacity-building programs with NGOs working on the ground. The Coalition’s activities had contributed to the adoption by the United Nations in May 2000 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts which prohibited the use of children in hostilities. Today, 79 countries had signed this new standard, including three from the Middle East and North Africa region: Jordan, Egypt, and Morocco.
Mr Mungoven noted that the Middle East and North Africa region knew first hand the long term scars caused by the participation of children in armed conflicts, for example during the Iran-Iraq war or the civil war in Lebanon. While the situation was now much improved, this conference was an opportunity to learn lessons from the past to ensure the protection of new generations of children from this abuse. The conference was also an example of the way in which governments and civil society could come together for constructive dialogue and to develop complementary strategies for dealing with this problem.
Mr Dario Carminati, UNHCR Representative in Amman, made a statement on behalf of Mr Ruud Lubbers, UN High Commissioner for Refugees. In this, its 50th year, UNHCR had designated refugee children as a policy priority. Some ten million children were caught up in conflict, upheaval and flight, almost half of the world’s refugee population. They risked being denied their most basic rights, their education and training was disrupted and they were often separated from their parents and communities. Refugee children and those recently voluntarily repatriated to their countries of origin are amongst those at highest risk of illegal military recruitment. Their protection was a central part of UNHCR’s mandate under the 1989 Convention on the Rights of the Child, the 1949 Geneva Convention and its 1977 Additional Protocols. UNHCR welcomed developments in the past year which had placed the situation of war-affected children squarely on the international agenda, including Security Council debates and Resolutions 1261 and 1314 and various international conferences including the Winnipeg meeting. UNHCR welcomed the adoption of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, and called on governments to sign and ratify this instrument, prohibiting all recruitment (including voluntary) under age 18. UNHCR noted that child protection was increasingly included in peace agendas, peacekeeping mandates and national priorities such as those of Jordan. UNHCR focused its child protection efforts in five key areas: separation of children; sexual exploitation and abuse; military recruitment; education; and special programs for adolescents. Firm commitments needed to be made to address the physical security of refugee children and resources mobilised on their behalf. The challenge was to ensure implementation of international standards on the ground. He gave examples of practical UNHCR programs of family reunification, child protection and child soldier rehabilitation from Guinea, Pakistan, Myanmar and Burundi.
A message of support from the UN High Commissioner for Human Rights, Mrs Mary Robinson, was delivered by her representative, Dr Amin Makki Medani. Mrs Robinson noted that, as the conference took place, the UN Commission on Human Rights would be considering a resolution on the rights of the child. The recruitment of children in armed conflict was surely one of the worst forms of exploitation. Mdm Graca Machel, the UN Secretary-General’s Special Representative on Children and Armed Conflict, the UN Committee on the Rights of the Child and the Coalition to Stop the Use of Child Soldiers had done a great deal to highlight the dimensions of the problem and its human rights implications. A few days after the last regional conference on child soldiers, the UN General Assembly had adopted the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. By now it had been signed by 79 states and ratified by four – Mrs Robinson hoped all states would make ratification a priority to bring the Optional Protocol into force. Mrs Robinson said she had witnessed the effects of armed conflict on children in various parts of the world. A team from her office had recently visited Sudan and Northern Uganda to assess the situation concerning abducted children and would report to the UN Commission on Human Rights shortly. She welcomed the recent demobilisation of several thousand children in southern Sudan and paid tribute to the agencies involved. Mrs Robinson underlined the importance of the forthcoming UN General Assembly Special Session on children in identifying strategies to eliminate the child soldiers problem, strengthen monitoring of children affected by armed conflict, and ensure their protection is incorporated into peace processes. The UN Conference on Illicit Trade in Small Arms and Vienna process leading towards a Protocol on the Illicit Manufacturing of and Trafficking in Firearms would also be important steps forward for the protection of children. Mrs Robinson congratulated the organisers of the conference, thanked Her Majesty Queen Rania Al-Abdallah for her patronage, and said she looked forward to being informed of its outcome.
A message to the conference from the UN Secretary-General’s Special Representative for Children and Armed Conflict, Mr Olara Otunnu, was read by Dr Zina Haj Hasan from the Jordan Institute of Diplomacy. Mr Otunnu regretted that he was not able to participate in person but congratulated the organisers of the conference. Many of the issues at the heart of his mandate were reflected in the Middle East and North Africa region: in the Palestinian territories and Sudan, children were suffering in the midst of conflict and displacement; in Iraq and Libya, children suffered the impact of sanctions; in Algeria and Lebanon, children were emerging from periods of violence. This conference was taking place at a critical juncture. It was important to strengthen international and regional standards for the protection of children, particularly through universal ratification and implementation of the new Optional Protocol. Regional organisations in the Middle East and North Africa, particularly the League of Arab States and the Organisation of the Islamic Conference, should take up this agenda. We needed to focus our energies on the ground by securing commitments from warring parties, ensuring research, monitoring and compliance, and mobilising communities and traditional norms for the protection of children. We must also work to alleviate the impact of sanctions on children and address the proliferation of small arms and light weapons. The forthcoming UN General Assembly Special Session on Children would be an important opportunity to advance this agenda.
Mr Ibrahima Fall, UNICEF Regional Director for the Middle East and North Africa Region, said this Conference was an important milestone, reflecting the growing commitment to promote and protect children’s rights in the region. Only a few days before, Amman had hosted the first regular Arab Summit: for the first time children were placed on the agenda and a comprehensive resolution passed on the rights of the child. This resolution calls for an Arab High Level Conference on Children and establishes a Framework for Action on the Rights of the Child. These initiatives take place against the backdrop of preparations for the UN General Assembly Special Session on Children to be held in September 2001.
Mr Fall said there was a global consensus that the use of children as soldiers must stop. Children needed to learn how to read and write, not how to kill. They were entitled to play with toys not with deadly weapons. Children had the right to be surrounded with love and friends, not to learn how to hate and make enemies. They had the right to be held in the nurturing arms of their parents, not in the unforgiving environment of military camps.
The legal structure for this consensus was now in place. The Convention on the Rights of the Child; the Optional Protocol on the involvement of children in armed conflict, which prohibits the participation and recruitment of children under 18 in armed conflict; ILO Convention 182 on the Worst Forms of Child Labour, which includes compulsory recruitment of children as one of the worst forms of child labour; and the Rome Statute of the International Criminal Court were important achievements in the fight against the use of children as soldiers.
Over the last five years or so, we had seen action to address the situation of war affected children. In 1996 Graca Machel presented her Report to the UN General Assembly, and most recently, United Nations Security Council resolutions 1261 and 1314 on Children and Armed Conflict urged regional and sub regional initiatives to accelerate the prohibition of the use of child soldiers. The Middle East and North Africa region has seen its own share of progress. In November 2000, the Organisation of Islamic Conference agreed to a resolution on "Child Care and Protection" calling for the non-involvement of child refugees in armed conflicts, or other actions which may endanger their personal safety. A regional study has recently been undertaken by the Coalition to Stop the Use of Child Soldiers as a contribution to the debate on the issue.
But, as UN Secretary-General Kofi Anan recently said in his first report on children in armed conflict "we must do much more to move from words to deeds, from elaboration of norms, to an era of application." In this spirit, Mr Fall hoped for the following concrete results from this Conference:
1. To recommend the ratification, and compliance with the Optional Protocol to the Convention on the Rights of the Child. UNICEF encourages States to set 18 also as the minimum age for voluntary recruitment into armed forces, when ratifying the Optional Protocol. Out of 79 countries that have signed the protocol so far, only 3 – Jordan, Morocco and Turkey – are from the Middle East and North Africa. The Rome Statute of the International Criminal Court, ILO Convention 182 and the Ottawa Landmines treaty should also be universally ratified;
2. Where children are still being used as soldiers, to recommend necessary measures to ensure their rapid demobilisation, and meaningful reintegration into society;
3. To make a substantial contribution towards building zones of peace for children. This could include a specific commitment not to target or invade schools, child-care centres and health facilities, in accordance with international humanitarian law; as well as allowing for days of peace or protected humanitarian corridors;
4. To incorporate the culture of children’s rights into the training for security forces, peacekeeping missions, negotiations of peace accords, and programmes for disarmament and demobilisation;
5. To consider quality education as a priority over military expenditures, and to promote a culture of peace, justice, tolerance and human rights;
6. To discuss the negative impact of the proliferation of small arms and light weapons, which encourages and facilitates the use of children as soldiers.
Mr Fall thanked Her Majesty Queen Rania Al Abdallah for her patronage of this conference and for her continuing role as a champion of the rights of children everywhere. He also thanked the Government of Jordan, particularly the Ministry of Foreign Affairs, the Jordan Institute of Diplomacy for hosting this conference, and the Coalition to Stop the Use of Child Soldiers for their partnership with UNICEF in this initiative. He wished the conference and its participants every success.
A speech by Her Majesty Queen Rania al-Abdallah was delivered by Dr. Awad Khleifat, Minister of Interior and Deputy Prime Minister of Jordan. Her Majesty said the past decade had seen important successes in developing new standards for the protection of children, starting with the World Summit on Children in 1990. The forthcoming UN General Assembly Special Session on Children (UNGASS) was an important opportunity to follow up on these actions and develop plans for the future. This Conference was an important step in this context. Armed conflicts are one of the main threats to children and their rights: they are not only denied the right to life, but survivors are deprived of their families, education, homes and the right to development. The atrocities of war leave long term scars in the lives of these children. Today, there are more than 300,000 children under the age of 18 who are involved in armed conflicts, either serving in official armies or fighting with armed opposition groups in more than 30 countries worldwide. Everyday we see images of children, sometimes as young as 10, carrying weapons that are bigger than them and fighting wars that they can not understand.
The UN Security Council and UN General Assembly had urged governments to take measures to stop this abuse. The Organization of the Islamic Conference in Doha had made a similar call last year, urging an end to the recruitment of children for armed conflicts. These calls, however, needed to be translated into practical action. Jordan was the first country in the region to sign the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts. Jordan is also a signatory to the Rome Statute of the International Criminal Court, which prohibits the recruitment of children under 15 in armed forces as a war crime.
Her Majesty said that Jordan had witnessed armed conflicts in our region since the beginning of this century and knew first hand the impact of war. Today, we witnessed the suffering of the children of Iraq and Palestine which share borders with Jordan. Her Majesty called on all countries to ratify the Optional Protocol and ensure its full implementation. She hoped the conference would be a great success and a further step towards justice and peace.
First Plenary Session
Chair: HE Mrs Nuha Ma’aytah, Member of Jordanian Parliament
Ms Rachel Brett, Associate Representative at the Quaker United Nations Office in Geneva, addressed the legal and political aspects of the use of child soldiers. The last few years had seen welcome changes in international attitudes and policies in relation to the military recruitment and participation in hostilities of children under 18. There was now almost universal agreement, backed up by law, that under-18s should not be sent into combat, deployed as peacekeepers, nor conscripted. A majority of states did not accept voluntary recruitment of under-18s either, and their number was increasing slowly but surely.
Some governments argued that they would not use under-18s in hostilities even though they continue to recruit them. International humanitarian law makes a fundamental distinction between civilians and combatants. Members of the armed forces are entitled to be combatants. That means that during an armed conflict they are permitted to kill and to be killed since they are also lawful objects of attack. States who recruit under-18s while claiming to protect them from combat, therefore, were either gambling on not becoming involved in an armed conflict or proposing a separate category of members of the armed forces who are not entitled to be combatants. This is not only unsound in law but given the existing difficulties in maintaining the distinction between civilians and combatants is completely impractical and may add to the dangers for civilians as well as exposing these young soldiers to attack.
Ms Brett said it was important to remember that the involvement of children in armed conflict is frequently associated with violations of other human rights, such as summary executions, arbitrary detention, torture or ill-treatment, liability to criminal prosecution, separation from family, malnutrition, deprivation of right to education, exposure to health risks, including sexually transmitted diseases and HIV/AIDS and so on. Once some children become involved in an armed conflict, other children are likely to come under suspicion and may also suffer abuses. The single major reason for children volunteering to join armed opposition groups is children’s own experience of ill-treatment (of themselves or their family) by government forces, including through the application of repressive national security laws.
Ms Brett noted that there are four kinds of international law in relation to child soldiers: international human rights law, international humanitarian law (the specific law applicable to the conduct of armed conflicts), international criminal law and international labour law. In addition, in 1998 the UN Secretary-General announced minimum age requirements for United Nations Peacekeepers of "preferably not younger than 21 years of age, and in no case less than 18".
In international criminal law, the Rome Statute of the International Criminal Court made it an international crime for any person to recruit children under 15 or to use them in hostilities, whether in an international or an internal armed conflict and whether or not they are acting on behalf of a government. This represented a major breakthrough in making individuals accountable for their use of children as soldiers and could be one of the most effective measures in curbing the use of children by armed opposition groups. It was vital, therefore, that states became parties to the ICC Statute as soon as possible in order to bring it into force and the Court into operation.
In international labour law, the new ILO Convention 182 on the Worst Forms of Child Labour adopted in June 1999 defines the "child" as all persons under the age of 18 years and includes "forced and compulsory labour, including forced and compulsory recruitment of children for use in armed conflict" among the worst forms of child labour. The Recommendation accompanying the Convention encourages states to make such recruitment a criminal offence. This was the first time that an 18-year minimum age limit was set in relation to child soldiering in an international treaty. It was also the first specific, legal recognition of child soldiering as a form of child labour. The ILO Convention also prohibits "work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children" but leaves it to the national authorities to determine, after consultation with associations of workers and employers, what should be included under this prohibition. States should be urged to include all participation in hostilities and all military recruitment of under-18s in this category.
At the regional level, the African Charter on the Rights and Welfare of the Child, was the only treaty in the world which addresses the issue of child soldiers. The Charter was adopted by the Organisation of African Unity (OAU) in 1990 and came into force in November 1999. The Charter also defines a "child" as anyone below 18 years of age, and requires states parties to "take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child." This Charter could provide an example to other regions, including in Asia, to adopt their own standards on this issue. In other regions, although no treaty exists on this issue, it has been taken up in discussions by regional and sub-regional bodies, for example in the Organisation of the Islamic Conference, the Organisation of American States, the Organisation for Security and Cooperation in Europe, the Council of Europe and the European Parliament.
In international human rights law, Article 38 of the Convention on the Rights of the Child establishes a 15-year minimum age for recruitment and participation in hostilities, which in turn came from the two Additional Protocols to the Geneva Conventions. It was a great disappointment to many people that the Convention on the Rights of the Child did not raise these ages to 18 years, in line with the general definition of "childhood" in Article 1 of the Convention. Efforts started immediately to rectify this by means of an Optional Protocol to the Convention, as recommended by the Committee on the Rights of the Child. The United Nations Commission on Human Rights established a working group to draft it, but it took 6 years to complete the process, and even now the result is not entirely satisfactory.
Although the Optional Protocol raises the minimum age from 15 to 18 for participation in hostilities, for all recruitment into armed groups, and for compulsory recruitment by governments, states may continue to accept volunteers from the age of 16. However, on becoming parties to the protocol, states have to deposit a binding declaration setting out their minimum voluntary recruitment age and the safeguards they have adopted to ensure that such recruitment is not forced or coerced, is genuinely voluntary, has the informed consent of the child’s parents or legal guardians, that recruits are fully informed of the duties involved in the military service and provide reliable proof of age. These declarations may be strengthened at any time, but not weakened. While this provision – and the disparity it creates between the standards applicable to governments and to armed groups – is far from ideal, it was the best which (some) governments could be persuaded to accept at this point. Clearly the real implementation of the safeguards will be problematic in many circumstances.
In relation to armed groups, it is important to note that there is no requirement that such groups be involved in an armed conflict. This means that debates about whether or not a situation amounts to an armed conflict are irrelevant, and that recruitment prior to the start of a conflict is also covered. Furthermore, there is an obligation on all states parties to the protocol to take all feasible measures to prevent recruitment and use of under-18s by armed groups – not only the state directly confronting the group – including legal measures to prohibit and to criminalise such practices. This could be very important in addressing recruitment from other states (for example, of members of the ethnic diaspora), as well as addressing cross-border recruitment (such as from refugee camps) or where the group is operating from the territory of another state.
More generally, the protocol requires states parties to take all necessary legal, administrative and other measures to ensure the effective implementation and enforcement of its provisions within their jurisdiction; and to take all feasible measures to demobilise and provide appropriate assistance to those recruited or used contrary to it. In addition, they are to cooperate with each other – through technical and financial assistance – in the implementation of the protocol.
Ms Brett said the Optional Protocol represented a considerable shift towards acceptance that children under 18 have no place in war. She hoped this changed perception would be reflected in changed realities on the ground in government’s own laws and practices and the conduct of armed groups they are in a position to control or influence. She hoped the conference would see commitments to:
· review national laws which permit recruitment of persons under 18 years;
· review the way in which government recruitment is undertaken in order to ensure that only those liable to military service are recruited;
· enact measures to ensure the effective protection of under-18s under the jurisdiction of countries in the Middle East and North Africa region from recruitment by anyone;
· sign and ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, including designating a minimum age of voluntary recruitment of at least 18 years;
· ratify the Statute of the International Criminal Court;
· ratify the ILO Worst Forms of Child Labour Convention and designate all participation in hostilities and all military recruitment of under-18s as work likely to harm the health, safety or morals of children;
· take this issue forward at the regional level by adopting a minimum age for all peacekeepers of at least 18 years and preferably 21 in line with UN requirements and including it on the agenda of regional and subregional human rights and security meetings.
Dr Ahmed Baker from Ber Zeit University, presented a paper on the psychological impact of armed conflict on children, using the Palestinian experience as a case study. Scientific literature and field research showed unequivocally that exposure to traumatic events had far-reaching psychological consequences.
While some effects were universal, the ways in which children perceived, responded and coped with trauma were also shaped by culture, age, gender and the nature and intensity of the event or conflict. Symptoms of anxiety, aggression and withdrawal were common in almost all contexts, but the prevalence and intensity of these disorders varied according to group and situation.
Dr Baker observed that the trauma experienced by the Palestinian community was cumulative in nature, with new layers added in each phase of its modern political history. Palestinian children today were weighted with the cumulative trauma of their parents and grandparents. They were subject not just to a single traumatic event but to conditions of continuous and repeated trauma. Under conditions of military occupation, victimisation extended into all aspects of daily life. Trauma in Palestinian society also tended to be experienced "collectively" rather than individually.
Dr Baker warned of the dangers of applying western psychological theory uncritically to other cultures and contexts. What is considered traumatic in one social context, may not be so in another; symptoms that are perceived as disorders in one context may be functional responses in another. A confrontation with the "enemy" may not be perceived as traumatic but rather a "challenge" in a "game" which bestows social support and empowerment. There was some evidence that a child’s ability to cope with stress and trauma was strengthened when s/he was able to confront their oppressor (eg by throwing stones), compared to situations in which they were passive or helpless (eg accepting humiliation at a checkpoint).
Research indicated that while Palestinian children exhibited elevated anxiety and depression during the intifada, many enjoyed a higher level of self esteem. This could partly be attributed to their active participation which gave them a sense of "heroism", agency and control over their destiny. Other factors included social support, family support and community perceptions. Some children who had been exposed to extremely traumatic conditions (eg torture), however, had depressed self esteem and severe psychological disorders.
Dr Baker stressed the importance of gender in shaping reactions to trauma. The Palestinian experience suggested girls tended to suffer significantly more symptoms of anxiety, depression and post-traumatic stress disorder than their male counterparts. This could possibly be attributed to their degree of participation (the overwhelming majority of active participants in the intifada are male), gender-specific fears of sexual abuse, gender-differentiated expressions of emotion and the "double-victimisation" girls experienced within a patriarchal society.
Dr Baker noted that the social and cultural legacy of Palestinian youth also shaped their responses to trauma and stress. Palestinian society was heavily rooted in traditional, Arab-Islamic and tribal culture. Islamic concepts of jihad and martyrdom were an important part of this world view. Tribal culture which emphasised the collective was a source of personal and psychological support and pride. The active participation of children in the intifada, however, had changed the social perception of children – children were perceived as having individual needs and rights.
Mr Ibrahim Al-Marashi, researcher for the Coalition to Stop the Use of Child Soldiers, outlined some of the main findings from the Coalition’s research on the region. He noted that the report presented to the conference was very much a working draft and would only be finalised in the light of discussions and information provided during and after the conference. He stressed that the research report was entirely the work of the Coalition and that the Coalition accepted full responsibility for its contents.
Mr Al-Marashi noted that in the past two decades the Middle East and North Africa region has witnessed some of the worst and most egregious cases of the exploitation of children as soldiers. In the early 1980s, during the Iran-Iraq war, thousands of Iranian children, many straight from school, were used by popular militias in human wave attacks against Iraqi forces. Iraq also lowered its age for conscription and engaged in the widespread mobilisation of children during its war with Iran. In Lebanon, large numbers of children actively participated in the civil war with various paramilitary groups – until recent years, the South Lebanese Army, a militia supported by Israel in South Lebanon, forcibly recruited young teenagers to its ranks.
Today, the situation is vastly improved. The following governments of the region have set at least 18 as the minimum age for all forms of military recruitment: Algeria, Bahrain, Egypt, Kuwait, Lebanon, Morocco, Oman, Qatar, Tunisia and Turkey. The Organisation for Islamic Conference, in Resolution 16/9-C on Child Care and Protection in the Islamic World of November 2000 called for "the non-involvement of (refugee) children in any armed conflict and not to enlist them in the armed forces or for any other actions which may expose their personal safety and security to danger".
But children under 18 across the region continue to serve with government and opposition armed forces or to be subject to various forms of militarisation in their communities and schools. Israel, Mauritania, Sudan and possibly Yemen accept conscripts below the age of 18; Israel, Iran, Iraq, Jordan, Libya and Mauritania accept volunteers below 18, while the minimum age in Saudi Arabia, Syria, United Arab Emirates and Yemen is not clear. In Algeria, Iran, Iraq, Lebanon, Turkey and Yemen – and possibly in Egypt and Israel and the Palestinian Territories – there have been reports of children fighting with armed opposition groups.
The conflict in Sudan has long been recognised as one of the worst child soldier problems anywhere in the world. Thousands of children as young as 12 have been forcibly recruited into government-aligned and separatist groups in the south of the country. The Sudan Government has also provided support and protection to the Lord's Resistance Army, responsible for the abduction, brutal treatment and sexual slavery of approximately 10,000 children from northern Uganda since 1987.
Mr Al-Marashi observed that in recent years, some countries of the region had begun to make the shift from conscript to professional volunteer armies. With changing economic and social conditions, some countries were finding it harder to attract voluntary recruits or ensure that young people complete their military service. These factors often led to a downward pressure on the minimum age for military recruitment as armed forces struggle to maintain personnel levels. Several countries also relied on military personnel contracted from outside the region, including Pakistan and the United Kingdom, both of which recruit at 16. The USA had also deployed 17 year olds with its forces during the Gulf War.
Also common in the region is the mobilisation and militarisation of children through various militia and youth movements. Children are enrolled in special military schools in many countries, or given military drill and indoctrination in regular school programs.
Mr Al-Marashi noted that armed opposition groups throughout the region have a long history of recruiting and using children, sometimes from outside the region. In Algeria and Egypt, Islamist opposition groups have been reported to recruit children below 15. While information is difficult to confirm, various Kurdish armed groups in northern Iraq, Iran and Turkey have used child soldiers as young as ten. Children have been used as soldiers or guards by Islamist groups, tribal militia and Qat farmers in Yemen. Over past decades there has also been extensive political and material support from the region to governments and armed groups that have exploited children as soldiers, including in Uganda/Sudan, Lebanon, Chechnya and Afghanistan.
Discussion
Several participants stressed the need to be careful in using Palestinian children as an example. A representative of the Palestinian National Authority underlined the special circumstances of the Palestinian struggle against Israeli military occupation. He highlighted some of the key impacts this had on children (see more detailed statement below).
An NGO representative emphasized the need to look closely at the female child and the inter-relationship between the political and socio-cultural dimensions of patriarchal society.
Another NGO representative said it was important to discuss the Palestinian example in its social and cultural context. The real problem is not that a Palestinian child expresses himself through images of martyrdom to show himself as a man, but that this stems from frustration at the international community’s failure to protect him. Several speakers stressed the importance of implementation of international human rights and humanitarian law, and international resolutions in order to protect Palestinian children.
Dr. Ahmed Baker stressed that children see things from a perspective that is different from adults, and it was important to keep this child perspective in mind. During the struggle to liberate Palestine there was a need to recognise the dangers facing Palestinian children, not only stemming from the Israeli occupation, and deal with these effectively in order to bring up a healthy generation.
HRH Princess Widjan of the Jordan Institute of Diplomacy recommended that there be greater regulation of toys and games which make killing attractive to children. The production of such toys should be supervised by education specialists and psychologists.
An NGO representative highlighted Islamic teachings concerning the child. The Prophet Mohammad (May Peace be Upon Him) had taught that children should be prepared for life by being taught archery, swimming and horse-riding. He said that although the law in Sudan does not allow for the recruitment of children under 18, the Popular Army accepts volunteers under this age. Last year, however, children under-18 who wanted to volunteer were not accepted and sent back.
An NGO representative asked about the status of children in military schools. Rachel Brett explained that legally, if students in these schools have military status, then they are considered child soldiers and may become legitimate military targets. The situation is often very unclear. There were also many other forms of indoctrination and militarization in youth movements and the regular school system.
An NGO representative noted that governments put considerable effort into preparing reports for the Committee on the Rights of the Child, but did not make equal effort to follow up on the Committee’s concluding observations and recommendations following examination of the reports. She stressed the various obligations upon governments that came with ratifying international treaties. Governments had to incorporate those international standards into their national legislation and follow them up with programs of implementation. It was not enough to recognize the rights in the law – there should be penalties for when they are violated. It is also very important to identify the body or bodies that are responsible for developing, implementing and monitoring appropriate programs.
The government representative of Sudan welcomed the recent demobilisation operation conducted by UNICEF in southern Sudan. He said that his government had constantly been reminding the international community about the need to do something about the forced recruitment of children by the SPLA and SPLM. He stressed the need for political balance in commentary on these issues. When talking about the support of the Sudanese government for the Ugandan rebels (Lord’s Resistance Army), it was equally important to mention that the Ugandan government’s support for the SPLA which also abducted and recruited children. A representative of the Coalition to Stop the Use of Child Soldiers said that this was an important point. The Ugandan Government’s support to the SPLA and its recruitment of children into armed groups in the Democratic Republic of Congo had been consistently raised by the Coalition, including at the Africa Regional Conference in Maputo.
Dr. Kamel Abou Jaber, President of the Jordan Institute for Diplomacy, said that it was important to consider the historical and social background of the region. For the last five centuries, countries in the region had always been under occupation or the subject of western intervention. This had contributed to many of the crises the region faced today. Recognising this history, it was important now to discuss in a rational manner how best to move forward.
Second Plenary Session
Chair: HE Major General (Ret) Dr Ma’rouf Al-Bakhit, Jordan Ministry of Foreign Affairs
Ms Elke Wisch of UNICEF gave a presentation on effective programs for prevention of recruitment and rehabilitation of child soldiers, drawing upon lessons learned in a variety of situations before, during and after conflicts. She noted that countries of the Middle East and North Africa region had long placed a premium on the protection of children and hoped new and creative ideas would emerge from this conference.
Ms Wisch reviewed some of the reasons why children are susceptible to military recruitment. These ranged from abduction and forced recruitment, the need for security, poverty and social conditions to the lack of birth certificates and identity records.
Ms Wisch observed that child soldiers were also often overlooked or deliberately excluded in demobilisation and reintegration programs, often because armed forces were unwilling to admit they had recruited children. She noted that the presence and needs of girl soldiers often went unrecognised and unaddressed. It was essential to recognise the abuse of girls and young women as a form of recruitment and address their special needs in prevention, demobilisation and reintegration programs.
Ms Wisch stressed that effective prevention had to be directed at root causes, including social, economic and ideological factors. Interventions had to address the circumstances that made it difficult for families and communities to protect children and needed to target particularly vulnerable groups. Careful analysis of each situation was needed to identify the main risk factors. For instance, children marginalised or separated from their families – such as working and street children – were particularly vulnerable to recruitment. It was crucial that programs provide alternative livelihood options to enlistment.
Effective prevention strategies at the community level needed to be backed up by strong legal protection at the national and international level. The Convention on the Rights of the Child and the Optional Protocol on the involvement of children in armed conflict provided a vital framework for prevention and protection. UNICEF was urging all states in the region to ratify the Optional Protocol, together with the Rome Statute of the International Criminal Court and ILO Convention 182, as part of their preparations for the UN General Assembly Special Session on Children in September 2001. There was also a need to monitor and document the conduct of fighting forces. This in turn could be the basis for advocacy, seeking commitments not to recruit or use child soldiers.
Ms Wisch noted that the widespread availability of small arms that are cheap and easy to handle encouraged the involvement of children in conflicts. Controls should be imposed on the manufacture and transfer of arms, especially small arms. The upcoming UN conference on the illicit trade in small arms and light weapons would be an opportunity to advance this issue.
At the national and local level, the absence of birth registration made it difficult to prevent underage recruitment. Birth registration and the provision of identity documents, including for refugee and internally displaced children, was essential. All efforts should be made to keep or reunite children with their families. Education was also a key prevention tool, particularly for adolescents. It was important to develop education alternatives in situations of conflict and disruption. Child rights education and special awareness programs were also an essential part of any prevention strategy.
Ms Wisch said that child-specific demobilisation processes should be included in peace accords. She stressed that there should be no conditionality attached to the demobilisation of children. Demobilisation did not have to wait until the end of a conflict, but programs in the midst of conflict needed to be designed to ensure security, for instance dispersing children and removing them from the conflict zone.
Ms Wisch said that demobilisation, rehabilitation and reintegration programs should be designed in consultation with children and promote their rights and participation. Former child soldiers should be involved as trainers and advocates in peacebuilding and reintegration programs. There was a need to ensure child combatants were protected by an amnesty or specific judicial process that applied international standards of juvenile justice.
It was important to distinguish clearly between disarmament and demobilisation programs. "One man/one gun" programs tended to exclude children, particularly girls as participation in reintegration programmes was often based on the physical hand-in of a gun which children for various reasons could often not deliver. Children should be removed completely from a military environment and reintegrated into their community through family reunion. Children needed to be protected from re-recruitment.
Demobilisation should be seen as the first step in a longer term social reintegration process. Assistance should be focussed on the family and community as well as the child. Psycho-social support should be accompanied by traditional healing and other community-based reconciliation where existent and appropriate. Reintegration programs should be comprehensive and provide proper training and alternatives to military life. Special attention needed to be paid to the needs of girls, those with physical disabilities and drug dependency.
Finally, Ms Wisch said there was a need to broaden the scope of rehabilitation to address all war-affected children and neither stigmatise nor advantage former child combatants in order to facilitate reintegration rather than to cause resentment in war-affected communities. Demobilisation and reintegration programs should be mainstreamed as soon as possible into regular assistance and education programs and there needed to be an understanding that reintegration cannot be achieved through a "quick-fix" following the disarmament process, but requires long-term commitment from donors and implementing organizations alike.
Dr. Hussein El-Obeid of the Centre for Humanitarian Affairs Resource Management in Khartoum made a presentation of lessons learned from the experience of demobilisation in Sudan. The civil war, combined with inter-tribal conflicts, had created very difficult circumstances for children in Sudan. The conflict had been characterised by the abduction and military conscription of children – this dimension of the conflict had even been regionalised and internationalised with movements of children between camps in Sudan, western Ethiopia and Kenya. Child soldiers were the most vulnerable, either dying, falling hostage or being left with severe physical injuries and psychological traumas. Recent years had seem positive initiatives at the national, regional and international level to demobilise child soldiers and reunite them with their families. Dr El-Obeid reviewed these initiatives in the light of the following questions: Had children been given a free choice to decide their destiny? Had their parents been consulted? Had the local communities been involved? Had the civil society been on board? Had the governing authorities been informed? Further, were all actors committed to the CRC, who monitored this and were children themselves involved in the monitoring mechanism?
Dr El-Obeid gave examples of community-based initiatives, usually supported by tribal or religious leaders. Examples included initiatives in the government area of Darfur sponsored by the tribal leaders, in the Upper Nile patronized by the New Sudan Council of Churches or across the lines between the Baggara and the Dinka. The exchange of abductees and family reunions tended to be executed by traditional methods which have gained recognition through history. These initiatives are not based on any awareness of the CRC or Optional Protocol.
At the national level, where government authorities are usually involved, a third (trust-worthy) party like UNICEF, ICRC or Radda Barnen Sweden is usually engaged. Examples included CEAWAC (the Committee for Eradication of Abduction of Women And Children) established in 1999 in the transitional zones between the north and south. The total number of abductees identified by February 2001 was 1681, with 385 already reunited, but the process was ongoing. The government, NGOs, UNICEF, donors and the community were all involved. The programs were based on the CRC but implementation is loose and there was little follow up rehabilitation. In another initiative in 1998, the South Sudan Defence Force (SSDF) had agreed with Unicef and Radda Barnen to demobilise 280 children in a transit centre in West Upper Nile. The program was disrupted and children scattered when fighting broke out in 1999. In 2000 some 200 were re-demobilized and an additional 88 demobilized for the first time. In 1998, UNICEF and ICRC initiatives following the Bahr El Ghazal episode demobilised less than 200. Children were reunited with their families across the lines.
Other initiatives had been more strongly based on the CRC. In 2000, a Radda Barnen initiative in the rebel areas saw 500 child soldiers handed over by SPLA. This was a proper demobilization programme with physical and psychological rehabilitation of the children. The government of Sudan was informed. In 2001, a UNICEF program in rebel areas saw a huge demobilisation of 3,200 children; 9,000 more children remained to be demobilized. UNICEF, WFP, international and local NGOs were involved. The operation was mounted within the framework of Operation Lifeline Sudan and the CRC but the Government of Sudan was not informed. Dr El-Obeid said it was likely that family reunion could be delayed for months. Where familes were in government areas, the government would need to be involved. The fate of those reaching 18 years of age was also not clear. The operation would be very expensive and require high levels of expertise.
At the regional level (involving second countries), Dr El-Obeid highlighted the Carter Initiative in 2000 aimed at reuniting Ugandan children abducted by the Lord’s Resistance Army in Sudan with their families. Sudan, Uganda, the LRA, UNICEF, IOM and donor agencies were all involved. Only 183 children had been released so far: some children had been handed over, others had fled the fighting. The program was flexible and dynamic and framed within the CRC. The program had been developed top-down and shuttle diplomacy had played a major role.
Finally, at the international level (extending beyond the region), Dr El-Obeid cited the resettlement of 3,600 children from Kakuma camp in northern Kenya to the USA in the largest child-refugee relocation program since the Vietnam War. The US Government, UNHCR and IOM were involved; the Government of Sudan, however, was not informed. This was not strictly a demobilisation exercise and there had been no family reunions. Relatively few of the children were below 18, but the majority had taken part in fighting. Very few (68) of the emigres were girls.
Dr El-Obeid drew the following lessons from these case studies:
1. The definition of child soldiers covered by demobilization and family reunion programs had to be adapted to the local circumstances.
2. Where community based initiatives are workable and honoured locally, they should be supported and developed. Any interventions should be built on these existing mechanisms.
3. The CRC needed to be married with local traditions and conventions regarding children and the family.
4. There should be a mechanism for governments and non-state actors to accede to international instruments. An effective and impartial monitoring mechanism should be established to observe adherence to and implementation of the CRC.
5. There must be transparency, coordination and cooperation by all the stakeholders.
6. Children views on their own destiny should be respected.
7. Demobilisation of child soldiers is a continuum which only ends by the full rehabilitation and integration of children as active members in their own communities. A mechanism for follow up should be designed to guard against set-backs.
8. Resettlement of children away from their communities on the basis of providing security, education etc, should be weighed against the damage of uprooting them from their local culture.
9. There is a need to understand the causative elements of the child soldiers phemenon, including poverty, injustice, displacement, lack of basic services, violence and conflict, culture of militarization, proliferation of small arms, economic disparity, culture of revenge.
10. There is a need to strengthen preventive programs before it is too late. Prevention included risk analysis, awareness raising, advocacy, creating alternative options, birth registration, engagement of children, families and local communities, addressing root causes, delivery of basic services, safe relocation programs, harnessing local traditions.
11. There is a need to prioritize the management interventions, including for resource mobilisation and elimination of root causes.
Ms Sylvia Ladame of the International Committee of the Red Cross (ICRC) gave a presentation on the ICRC’s work in relation to child combatants. She noted that the use of children as soldiers had increased in recent years. At the same time, there was growing awareness and opposition to this abuse. In 1999, the ICRC had carried out a survey in communities worldwide on the occasion of the 50th anniversary of the Geneva Conventions which showed strong consensus against the use of child soldiers.
Many aspects of the ICRC’s mandate and work related to child soldiers. Displacement was a major root cause of recruitment and the ICRC was active in tracing and family reunification. Detention of children during armed conflict was another major problem. The ICRC also worked on related issues such as landmines.
Ms Ladame stressed that all children were protected by all articles of the Geneva Conventions of 1949 and their Additional Protocols, in addition to their specific provisions on children. Additional Protocol 1 obliges states to take all feasible measures to prevent children under 15 from taking part in hostilities. It expressly prohibits their recruitment into the armed forces and encourages parties to give priority in recruiting among those aged from 15 to 18 to the oldest (Article 77). Additional Protocol II goes further, prohibiting both the recruitment and the participation – direct or indirect – in hostilities by children under 15 years of age (Article 4). The ICRC supported the Convention on the Rights of the Child, particularly Article 38, and efforts to raise the minimum age for military recruitment and participation under its Optional Protocol on the involvement of children in armed conflict.
Ms Ladame concluded by stressing the need to incorporate international laws into national legislation. The ICRC could provide assistance to governments and other parties toward the implementation of these international standards.
Discussion
An NGO representative warned that some governments were good at ratifying international human rights instruments, but not at following up with implementation. It was important to find international mechanisms to ensure implementation. Ms Wisch argued that UN member states needed to increase their support to the Committee on the Rights of the Child and technical assistance programs.
Dr. Ahmed Baker emphasised that there was not one category of child soldiers. Rehabilitation programs should take into consideration the acts and atrocities children have been engaged in and the conditions they have been subjected to.
The government representative of Libya welcomed the broad partcipation in a conference on such an important subject. He said that a number of countries in the region were currently studying or preparing to ratify the Optional Protocol. He said that his country was one of the first to ratify the CRC, is a party to ILO Convention 182, and is now studying the Optional Protocol with a view to ratification.
A representative of the Palestinian National Authority claimed that children participated in Israeli armed groups like the Gidna’.
A Coalition representative said it was important to understand why armed groups recruited children and why some children were attracted to armed groups. A number of armed groups in different parts of the world had made commitments on this issue in recent years. It was important to find the right incentives and disincentives to persuade armed groups to comply with international standards.
An NGO participant said the anger of Palestinian children and their willingness to participate in the intifada stemmed from the Israeli military occupation itself. One had to understand that the Palestinian child is part of the struggle of the Palestinian people. She said that the Palestinian civil society was taking its responsibility for the protection of children seriously. There were programs for rehabilitation of children who participated in the confrontation and who were traumatized by the political situation. The best way to stop the use of children as soldiers was to prevent conflicts before they occur.
An NGO participant asked the ICRC representative how the ICRC reconciled the age difference for the use of children as soldiers in the Geneva Conventions (15 years), Article 38 of the CRC (15 years), and the Optional Protocol to the CRC (18 years). She responded by saying that the ICRC had for a long time promoted the age of 18. This was reflected in the plan of action of the Red Cross and Red Crescent movement. The ICRC had participated in the negotiations of the Optional Protocol to the CRC and supported the "straight 18" position. One of the shortcomings of the Optional Protocol was its failure to set 18 as the minimum age for voluntary recruitment and the exception made for military schools. She said ICRC field offices and the Red Cross and Red Crescent movement continued to advocate a minimum recruitment age of at least 18.
Ms Wisch said a combination of strategies was needed to follow up on the implementation of international standards. UNICEF worked with governments and other agencies to ensure national legislation was in line with international law. UNICEF also followed up on commitments made by community leaders to protect children from abuse. She stressed the need to end impunity for perpetrators of violations, specifically those who recruit children. UNICEF based its advocacy on the Convention on the Rights of the Child and condemned the targeting of children. However, as a humanitarian organization, UNICEF did not have the political power to put a stop to the violence. There was a need for the UN member states through the UN's political mechanisms to work together to prevent and end conflicts.
An NGO participant said there should be preparatory work to address risks to children immediately a new conflict starts. Ms Wisch agreed that it was important to look at socio-economic and ideological factors behind conflicts and the recruitment of children.
An NGO participant stressed the importance of constantly monitoring the states which produce and trade in arms that can be used by child soldiers. Ms Wisch agreed that this was an important point but cautioned that the focus of current UN negotiations was on illicit trade and not yet on licit trade.
An NGO representative from Sudan said that figures on the use of children as soldiers were difficult to confirm. He argued that the best way to end recruitment of children was to establish conditions of peace and stability. He noted that community-based initiatives in Sudan had gained maturity and were honored by all parties to the conflict. Ms Wisch stressed that demobilisation of children should occur as soon as possible during conflicts and not await a cease-fire. After children are demobilized and return to their communities, there is a need for follow up to check on children.
Ms Ladame, in response to a question, said that participation of Palestinian children in the intifada was not strictly an issue of child soldiering, but that the ICRC was very concerned for the protection of the civilian population in Palestine, including children.
Statements by Government Representatives
Chair: Dr Ibrahim Badran, Philadelphia University
Government representatives were invited to make a short, formal statement of their government’s position on the child soldiers issue. Representatives of the following delegations spoke:
Turkey
The government representative said Turkey’s Constitution had clear provisions for the protection and welfare of children. Turkey was a party to the CRC and legislative and regulatory action is still underway to ensure that Turkish legislation is in full conformity with the principles of the CRC. Turkey had signed the Optional Protocol of the CRC on the involvement of children in armed conflict and the process of ratification is underway. Turkish citizens were not subjected to compulsory military service before reaching the legal age of maturity. According to the Turkish Military Code, military service begins on 1 January of the twentieth year. In the case of mobilization or a state emergency, individuals are liable to be recruited only at the age of 19. There was no voluntary recruitment in Turkey. Students of military schools were not subjected to compulsory service and were not considered soldiers. Admission to military schools was voluntary with a minimum age of 15 and students may quit at any time. The representative alleged that the Kurdistan Workers’ Party (PKK) abducted children below the age of 18, trained them and used them in armed activities against Turkey.
Sudan
The government representative noted that Sudan was a party to a number of international treaties and was one of the first to ratify the CRC. Article 14 of the 1998 Constitution of Sudan required the State to protect children from any form of abuse and neglect and provide education and moral guidance to children. On the basis of the Constitution, the religions and traditions of the people of Sudan, several institutions had been established to protect children. The Constitution and national legislation prohibited the recruitment of any person under the age of 18 into the regular army or the Popular Defense Force or national service. However, the Sudan Popular Liberation Movement (SPLM) and Sudan Popular Liberation Army (SPLA) had both forcefully recruited children since 1983. They were also involved in kidnapping children from refugee camps in neighboring countries, as reported by the UN Special Rapporteur on Sudan, the international media, and the US State Department. The plight of children held by the SPLA was highlighted recently due to the activities of some international agencies (UNICEF). The Sudanese government had spoken to the UN Secretary General and reaffirmed its commitment to the relevant agreements signed in this regard.
Because of the long-term effects of the war on children, the government was working towards achieving peace in the south. The government had signed an agreement in 1997 with seven of the eight factions involved in the conflict. This agreement became part of the constitution. The government confirms its commitment to the Egyptian-Libyan peace initiative, and seeks the attention of the international community to the plight of children at the hands of the SPLA.
The government formed a special committee to fight against the kidnapping of women and children, and to ensure the re-unification of the kidnapped with their families. The government continues to cooperate with the UN Commission on Human Rights and has recently received the Special Rapporteur on Sudan. The government has also recently signed a technical cooperation memorandum of understanding with the Office of the High Commissioner for Human Rights. The government is also involved in discussions with the EU on how to support options for peace.
Qatar
The government representative said that Qatar was a party to the CRC and currently in the final stages of signing the Optional Protocol. The leadership in Qatar has been concerned to establish the institutions for the protection of children. The Higher Council for the Family had been established under the patronage of the First Lady. Qatar calls on the international community to adopt the Optional Protocol because of its importance for the protection of children.
Palestinian National Authority
The representative of the PNA stressed the importance of this issue which affects communities in all the regions of the world. Recruiting children for armed conflicts deprived them of their basic right to life, development, and protection. Children had been affected by the situation of the Palestinian people on a daily basis, particularly during the first uprising (1987- 1994). This had a long-lasting destructive impact on a whole generation. The representative gave some figures on the suffering of Palestinian children, including the killing of 276 children under the age of 17 by Israeli forces, 70 of whom were under 13 years of age, and the injury of more than 10,000 children. He said that although children comprised less than one percent of those participating in confrontations, they formed more than 35 per cent of those killed.
After the establishment of the Palestinian National Authority in 1994 as a result of the peace talks with Israel, Palestinian national institutions were established including for the protection of children. Principles of international human rights law were adopted as the framework for programs relating to children. In 1995, President Arafat endorsed the CRC, although the PNA does not have the standing to ratify international human rights treaties. The Secretariat of the National Plan of Action was formed in 1995 with the help of UNICEF, and the Higher Council for Childhood and Motherhood was established in 1997. A special unit on children was established in the Palestinian Central Bureau of Statistics, with a special reference to CRC-related indicators. Drafting of a charter of child rights began in 2000 by the Ministry of Justice and UNICEF. This adopts the CRC as its framework and gives consideration to the legal definition of a child, including the relationship between civil law and religious laws which would impact on children. This charter states that "the state shall abstain from enrolling or using children under 18 in armed forces".
The escalation of the conflict with Israel in 2000 resulted in new violations of children’s rights. More than 85 children had been killed willfully when they posed no threat to the lives of Israeli soldiers. More than 4430 children were injured, several hundred of whom sustained life-long disabilities. It is now estimated that there are 1.3 million children in psychological distress. The representative then gave a more detailed breakdown of injuries, losses to the economy, impacts on the educational system and detention of children. He concluded the severity of the situation required the United Nations and state parties to the CRC to take strong measures to protect Palestinian children.
Libya
The government representative noted that eleven years ago, at the World Summit on Childhood, leaders from all parts of the world took the responsibility to guarantee a better future for each child. A lot had been achieved since then, particularly the near universal ratification of the CRC. But studies showed that more than half a billion children are still struggling for survival, 10 million of whom die while under the age of 15. One in every 10 children suffers a form of disability, and about 10 million children work under hazardous conditions. Studies also show that about 300,000 children are used as soldiers and that many thousands more are kidnapped or forced to join armed groups. Those who try to run away may face detention or even the death penalty. The adoption of the Optional Protocol of the CRC reflected international concern with this issue. Regional and sub-regional organizations, like the Organization of the Islamic Conference, were also concerned with the protection of children.
In Libya, both male and female children enjoyed particular protection both within the family and national legislation. They enjoyed complete health services and free education. Libya was one of the first states to ratify the CRC and in October 2000 ratified ILO Convention 182. The relevant authorities were now examining the ratification of the Optional Protocols to the CRC. Ratifying international treaties was not enough, however. They had to be complemented with national measures, particularly bringing national legislation in line with obligations under those international instruments. It was also important to examine the economic and social reasons which led children to be involved in armed conflicts, including poverty, deprivation, oppression and discrimination. It was also essential to raise awareness about the dangers of recruiting children as soldiers, and to place emphasis on the reintegration of children into the community and providing work opportunities for rehabilitated children.
Egypt
The representative said that Egyptian law specifies military recruitment must be above the age of 18. Egypt participated actively in negotiations on the Optional Protocol of the CRC. It is currently discussing ratification of ILO Convention 182. In May, Egypt would host a special meeting of the OAU’s Committee for the Rights of the Child. The representative said it was important to address the root causes of child participation as well as the legal aspects. There was an urgent need to address the situation of Palestinian children.
Morocco
The government representative noted that Morocco was already a signatory to the Optional Protocol. Legislation sets the recruitment age at 21 and the Moroccan armed forces have never included anyone under the age of 18. The representative urged the United Nations to reflect on ways by which states, armed groups and all parties to armed conflicts could be made to respect international conventions and humanitarian law. A plan of action should be put in place at the national level to prohibit under-18s from participating in hostilities. The representative stressed the negative long-term effects of children in armed conflict, not only for the children themselves but for peace, security and sustainable development. Morocco had been pleased to highlight these issues by hosting Arab and African preparatory meetings for the UN General Assembly Special Session on Children. The representative hoped a strong declaration would come from this conference on the use of children as soldiers in the Middle East and North Africa region.
WORKING GROUP ONE: POLITICAL AND LEGAL ASPECTS
On the second day, the conference divided into two working groups, each mixing government, NGO and intergovernmental agency representatives for more in-depth discussions on political, legal and social, programmatic aspects of the child soldiers issue. Each group was tasked with developing concrete objectives and recommendations which could be incorporated into the Declaration and plan of action adopted by the conference.
Chair: Prof Ghassan Khalil, Beirut Centre for Human Rights
Rapporteurs: Dr Zina Haj Hasan, Jordan Institute of Diplomacy; Ms Sylvia Danailov, UNICEF
Participants in the working group discussed some of the political and legal measures that could adopted at the international, regional, national and local level to prevent the recruitment and use of children as soldiers and to enforce international standards on this issue. The working group made the following recommendations:
1. all states should sign, ratify, or accede to all international treaties related to the protection of children - and respect and ensure respect in particular for the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, ILO Convention 182 on worst forms of child labour, the Rome Statute of the International Criminal Court, Geneva Conventions of 1949, particularly the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, their Additional Protocols of 1977, the Refugee Convention of 1951, and its Protocol of 1967;
2. if possible, states should sign and ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict before or during the Special Session of the UN General Assembly on Children to be held in September 2001. As part of ratification, states should declare at least the age of 18 as the minimum age for all forms of voluntary recruitment;
3. all states should implement, at the national level, all international treaties that have been ratified, and bring their national legislation in line with international law. All states should specify penalties in their national law for the use of children as soldiers and the recruitment of those who are under the age of 18;
4. all states should strengthen international mechanisms related to implementation of human rights;
5. all states should follow up on and implement the concluding observations of the UN Committee on the Rights of the Child;
6. all states should strengthen the mechanisms to monitor and follow up the protection of children’s rights through national institutions, which are often better placed to guarantee respect for children’s rights;
7. states are urged to create regional mechanisms for monitoring and follow up of children’s rights. In all cases, private and public sectors should cooperate;
8. all states and the international community should provide support to national non-governmental organisations and civil society organisations which work for the protection of children’s rights. NGOs should be allowed to work without undue restrictions;
9. all states, international organisations, non-governmental organisations and civil society should stop using double standards in applying international law;
10. all states should take appropriate measurers to control non-governmental entities that recruit children as soldiers;
11. all states, inter-governmental organisations, non-governmental organisations and civil society should spread awareness of the Convention on the Rights of the Child at all levels, and of the negative effects of the use of children as soldiers;
12. all states, inter-governmental organisations and non-governmental organisations should deal with the root causes behind the use of children as soldiers (for example occupation, poverty, lack of education, injustice, immigration and discrimination) and develop measures that remedy and deal with such situations. The use of children as soldiers does not exist in vacuum and should be dealt with as an issue that relates to all sectors;
13. all states, inter-governmental organisations, non-governmental organisations and civil society should give special attention to children and their families who are under threat, including refugee and migrant children, and provide them with appropriate alternatives to the worst forms of child labour;
14. the international community should impose penalties on states that export arms that feed armed conflicts and which are used to abuse children;
15. the international community should adopt and impose codes of conduct concerning the activities of transnational companies which are in line with international standards on the rights of the child;
16. religious leaders should play an active role in spreading awareness about the negative effects of using children as soldiers;
17. academic, religious and social leaders should promote studies on the positive role that religion can play in combatting the use of children as soldiers.
WORKING GROUP TWO: PROGRAMMATIC ASPECTS
On the second day, the conference divided into two working groups, each mixing government, NGO and intergovernmental agency representatives for more in-depth discussions on political, legal and social, programmatic aspects of the child soldiers issue. Each group was tasked with developing concrete objectives and recommendations which could be incorporated into the Declaration and plan of action adopted by the conference.
Chair: Ms Lamia Ra’ai , National Task Force for Children, Jordan
Rapporteurs: Dr Atef Odibat, Jordan Institute of Diplomacy; Ms Lilian Peters, American Friends Service Committee (Quaker Office), Middle East
General Discussion
The workshop opened with a discussion of the root causes of child soldiering. Amongst those identified were: breakdown of social networks protecting the child; family separation; displacement of communities; discrimination and disadvantage on the basis of ethnic and social background; militarization of society, a ‘gun-culture’; neglect and marginalization of children; ideological brainwashing; lack of access to education; poverty and absence of livelihood opportunities; proliferation and misuse of small arms;
media images promoting violence; absence of state authority (i.e. law enforcement); abduction; culture of ‘revenge’.
Dr. Awad of National Youth Advocate Program USA emphasized the importance of prevention. Rehabilitation programs should have at least a three-year focus and funding, if not longer. They should involve the families and communities of the children, and work both with the individual and in a group context. It was crucial that children accepted responsibility for their actions. Job creation was also essential to create a meaningful life without violence.
Mr. Lesley from UNICEF emphasised the complex nature of the child soldiers phenomenon. Every situation was different. In some cases, children joined armed forces to financially support their families.
Dr. Baker of Bir Zeit University emphasized the need of prevention at different levels. First there should be measures taken at the political level. Secondly communities and families should be empowered to protect the child and the child should know that he or she could trust adults for protection. It was important that any treatment of children should be comprehensive and culture specific – and it was preferable that children were cared for within their homes and community where possible. Training of people dealing with children was vital.
Mr Abu Amsha of YMCA Beit Sahour also stressed the need to reach children where they are located and to work with them for a long period in order to get to know them well and to build and maintain trust and support. One of the main problems was often a sense of insecurity. Therefore one has to work not only with the child but also with the primary caregivers and the community in a holistic approach. If possible, zones of safety and days of joy should be created, to help the children to ventilate stress and gain some balance in their life.
Mr Bainvel of UNICEF Jerusalem, called for a distinction between children that are victims of armed conflict and children that actively participate in hostilities, in order to design the right strategies for the different focus groups. A useful prevention program could be the training of children in community work, implemented through community based projects. This gave them the opportunity to make a meaningful and peaceful contribution to their society.
Dr Hassanyar of Afghanistan said that, in his experience, it is very difficult to put in practice a rehabilitation program. The socio-political had to be taken into account as much as the cultural context. It takes time and commitment to work with the community and children in order to discourage them joining armed groups.
Dr Baker said it was important to focus on children who are daily exposed to political and violent stress, not just child soldiers.
Ms Nelke of Save the Children Lebanon stressed the importance of focussing on prevention to ensure these children do not take an active part in hostilities as they have done in different countries of the region.
According to Dr Baker, it was important to show children the real consequences of their behavior and war. Children perceived things differently to adults and they primarily associated war with movies and stories. We had to help a child understand in his or her own level and language what war means.
Ms Wisch of UNICEF said there was a need to work with communities to protect children from militarisation and a culture of guns. She said the family was the first layer of protection and should be helped to provide their children with whatever they need. The next step is to work with the neighborhood and the community.
Mrs Nelke gave the example of the landmines campaign, in which all the levels were successfully addressed at the same time. Advocacy is needed at the global level, state intervention at the national level, community intervention at the local level and family intervention at the grass root level. The focus of intervention should be protection of children and empowerment of communities, families and children to take their situation into their own hands in a peaceful way.
Ms Ahlen of Save the Children Sweden raised the importance of training of peacekeepers in the protection of children’s rights in situations of armed conflict.
Dr Shalhoub-Kevorkian of the Nablus Women’s Center gave examples of her work with women to enable them to protect themselves and their community and to cope with the situation in a positive way that empowered them and gave them self-esteem. She stressed the importance of a gender sensitive approach in work with children and the use of local and popular culture. It should be understood that reducing violence does not mean that you accept injustice, like war and occupation. Children should be helped to be political and religious without turning to violence. They should be encouraged to speak out and participate in a peaceful and meaningful way.
Recommendations
The second part of the workshop was devoted to formulating concrete recommendations for social programs aimed at prevention, protection and rehabilitation of children in armed conflict. The recommendations listed below were presented to the conference plenary.
Guiding principles
1- Everyone under the age of 18 years is considered a child under the provisions of the CRC and should be protected from participation in armed conflict;
2- Any use or targeting of a child for any military activity should be considered a crime;
3- The international community should condemn and hold accountable every person or party who targets children militarily;
4- No child should have access to or wear weapons.
Focus for interventions
1- Children at risk of being recruited for armed conflict
2- Other children affected by armed conflicts
Recommendations
Global level
1- The international community, i.e. the UN Security Council, should develop a regular mechanism to condemn any state or non-state actor using child soldiers and support countries that are committed against the use of children in armed conflict;
2- Advocacy with non-state actors to get written commitments to abide by the CRC and international law related to recruitment and participation of children in armed conflict;
3- Victims of violence should be protected by the international community, e.g. the Palestinians at the present time;
4- Countries that produce and export weapons should set and implement limits on how and by who these weapons should be used;
5- There should be no distinction made between the licit and illicit export of small arms;
6- The private sector should be held accountable, through the provisions of existing international instruments, for commercial activities that directly or indirectly involve children in hostilities or military activity;
7- There should be a uniform code of conduct for peace keeping forces, promoting the CRC and sensitizing them to the special needs of children in situations of armed conflict;
8- Donors and donor-countries should commit themselves for a longer period of time to prevention and rehabilitation programs;
9- The international media should promote positive images and attitudes instead of focusing on violence; The media should present images of children in a responsible way; Peace journalism should be developed and promoted;
10- Community leaders and media should work to stop glorification of martyrdom and military culture.
Regional level
1- A child protection and monitoring unit should be established within the Arab League.
National level
1- The CRC should be part of the national and military curriculum in each country;
2- Schools should teach children tolerance, non-discrimination and respect for others;
3- Governments should prevent children from taking part in hostilities;
4- Governments should create a safe and peaceful environment for children;
5- Governments should create productive livelihoods for children;
6- Local and national governments and NGO’s should be encouraged to document actions against children;
7- Governments should ensure all public services are respect and support children’s rights.
Local level
1- Children should be helped to become active participants in community organisations, including in resistance to violence; Children should be encouraged to speak out without becoming violent;
2- Acts of violence against children should be documented;
3- War-toys should be prohibited.
Program level
1- Programs should be gender and culture sensitive;
2- Programs should approach children as actors who take responsibility for their actions;
3- Programs should be adapted to local culture and emphasize positive examples of addressing violence in their own culture;
4- Programs should aim at the empowerment of children, families and survivors of armed conflict or armed groups;
5- Programs should aim at meaningful and peaceful participation of children;
6- Programs should be designed in the language of the child;
7- Programs should include the social environment of the child;
8- Programs should strengthen the family as the main protective unit for the child;
9- Programs should work with community leaders and religious leaders;
10- Programs should address the ‘service providers’ to children e.g. ministries, schools, health institutions, media etc;
11- Programs should be designed for short term as well as long term intervention;
12- Programs, methods and approaches should be well documented, evaluated and shared with others.
Day Three
Final Plenary Session
Chair: HRH Princess Widjan Ali, Jordan Institute of Diplomacy
On the morning of the third day of the conference, the plenary heard reports on discussions and recommendations in the two working groups outlined above. It was noted that all of the recommendations made in the working groups would be included in the conference report.
Discussion followed on a draft declaration from the conference which had been prepared by a committee of the conference organisers, chairs and rapporteurs of the working groups. The Amman Declaration on the Use of Children as Soldiers (reproduced below) was adopted by consensus.
Dr Kamel Abu-Jaber also made a statement on behalf of the conference participants expressing deep concern at the current plight of children in Israel and the Occupied Territories and calling on all relevant authorities and the international community to take urgent and concrete steps to ensure the protection of children and full adherence to international human rights and humanitarian law.
Dr Kamel Abu-Jaber and Ms Jo Becker, Chair of the Steering Committee of the Coalition to Stop the Use of Child Soldiers, made concluding remarks. Warm appreciation and thanks was expressed to all participants; the conference organisers; staff of the Jordan Institute of Diplomacy, the Coalition to Stop the Use of Child Soldiers and UNICEF MENA Regional Office; the Intercontinental Hotel staff; UNICEF, Radda Barnen and the Governments of Switzerland and Finland for their financial contributions; the Ministry of Foreign Affairs of the Royal Hashemite Kingdom of Jordan and Her Majesty Queen Rania Al-Abdallah.
Conference Program
DAY ONE
0830 Registration
Opening Ceremony
0930 Welcoming remarks
Dr Kamel Abu Jaber, President, Jordan Institute of Diplomacy
Introduction to Conference and Objectives
Rory Mungoven, Coordinator, Coalition to Stop the Use of Child Soldiers
Message of support from UN High Commissioner for Human Rights
Message from Un Secretary General’s Special Representative on Children and Armed Conflict
Message from UNHCR representative
Child Soldiers – a Global Problem requiring a Global Response
Mr Ibrahima Fall, Regional Director for UNICEF, Middle East and North Africa Region
Inaugural address
Her Majesty Queen Rania Al-Abdullah
1045 Coffee break
Session One
1115 Short video presentation
1130 International Legal Protection for Children in Armed
Conflict
Ms Rachel Brett, Quaker United Nations Office, Geneva
1150 The Use of Children as Soldiers in the Middle East region
Mr Ibrahim Al-Marashi, Researcher for the Coalition to Stop the Use of Child Soldiers
1210 Children of the Region: A Psycho-Social Analysis
Dr Ahmad Baker, Bir Zeit University, Palestinian Authority
1230 General Discussion
1330 Lunch
Session Two
1430 Effective Programs for Prevention and Rehabilitation
Ms Elke Wisch, UNICEF
1450 Rehabilitation of Child Soldiers: A Case Stufy from Sudan
Dr Hussein El-Obeid, CHARM, Sudan
1510 ICRC’s work on behalf of child soldiers
Ms Sylvia Ladame, International Committee of the Red Cross
1530 General Discussion
1630 Coffee break
Session Three
1645 Government statements
Each government invited to make a formal statement of its position, of no more than 5 minutes.
1815 Reception
DAY TWO
The conference divided into two working groups. Each was asked to develop practical recommendations and plans of action addressed to:
· Governments
· Armed groups
· Regional bodies
· NGOs
· Other civil society actors
Working Group One
This working group focussed on the appropriate political, legal, social and economic measures for the prevention and elimination of the abuse of children as soldiers.
Working Group Two
This working group focussed on effective programmatic strategies for prevention and the rehabilitation and reintegration of affected children. The workshop drew on parallel experience in other regions and other forms of child exploitation and abuse.
After the sessions, the rapporteurs worked on the draft conference report and declaration – this was circulated to delegates in draft form before plenary discussion the following day.
DAY THREE
0900 Presentation of working group reports
1000 Discussion
1030 Coffee break
1100 Presentation of draft declaration
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