WUNRN
UN
Security Council Expands Criteria of Violations Against Children During
Conflict: Unanimous Adoption of SC Resolution 1882.
“This
is a major step forward in the fight against impunity for crimes against
children and a recognition of the reality of conflict today, where girls and
boys are increasingly targeted and victimized, killed and raped, as well as
recruited into armed groups,” said Radhika Coomaraswamy, welcoming the adoption
of the “landmark” text.
_______________________________________________________________
The Text of UN Security Council
Resolution 1882 (2009) Is Included.
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Department of Public
Information • News and Media Division • |
Security Council
6176th Meeting (PM)
August 4, 2009
PARTIES
KILLING, MAIMING OR RAPING CHILDREN WILL BE NAMES IN
UN
SECRETARY-GENERAL'S "LIST OF SHAME ANNEX TO REPORT ON
CHILDREN IN ARMED
CONFLICT
Security
Council Unanimously Adopts Resolution to ‘Strike a Blow’ against Impunity
Parties to armed conflict engaging
in patterns of “killing and maiming of children and/or rape and other sexual
violence against children” must also be listed in the Secretary-General’s
reports on children in armed conflict, according to resolution 1882 (2009), adopted
unanimously by the Security Council today.
The Council action was the
culmination of a day-long debate on 29 April (see Press Release SC/9646) during which Secretary-General Ban
Ki-moon urged the 15-nation body to “strike a blow against […] impunity”, by,
at a minimum, expanding its criteria to include on the “list of shame”, parties
committing rape and other serious sexual violence against children during armed
conflict.
Before today’s vote, only State and
non-State parties who had recruited child soldiers or used children in
situations of armed conflict were explicitly named ‑‑ the so-called
list of shame ‑‑ in annexes to the Secretary-General’s annual
report on the implementation of resolution 1612 (2005), which established a
Monitoring and Reporting Mechanism and set up a Working Group on Children and
Armed Conflict.
The reports cover compliance and
progress in ending six grave violations: the recruitment and use of
children; killing and maiming of children; rape and other grave sexual
violence; abductions; attacks on schools and hospitals; and denial of
humanitarian access to children. This year’s report (document S/2009/158)
lists 56 such parties, including 19 persistent violators who have
been listed for more than four years.
In today’s resolution, submitted by
43 Member States, the Council called upon parties engaged in the killing
and maiming of, and sexual violence against, children to prepare concrete,
time-bound action plans to halt those violations and abuses. It
reiterated its call on listed parties that had not already done so to prepare
and implement without further delay action plans to halt the recruitment and
use of children and to undertake specific commitments and measures to address
all other violations and abuses committed against children.
Reiterating its determination to
ensure respect for its resolutions on children and armed conflict, the Council,
among other things, requested enhanced communication between the Working Group
on Children and Armed Conflict with the relevant Council sanctions committees,
and reaffirmed its intention to take action against persistent perpetrators.
The Council called upon concerned
Member States to take decisive and immediate action against persistent
perpetrators and to bring those responsible for violations prohibited under
applicable international law before national or international justice
systems. It further urged Governments and donors to ensure timely,
sustained and adequate resources and funding for community-based disarmament,
demobilization and reintegration programmes for children that built on the best
practices identified by the United Nations Children’s Fund (UNICEF) and other
relevant child-protection actors.
Following adoption of the
resolution, the representative of Mexico, in his capacity as Chair of the
Working Group on Children and Armed Conflict, said the text represented a
fundamental step forward in the child-protection agenda as it expanded the
criteria by which parties could be included in the Secretary-General’s annual
reports. Parties engaging in killing and maiming, as well as rape and
other forms of sexual violence against children, could, therefore, fall under
the Council’s scrutiny. The resolution also touched on implementation
aspects of those criteria, particularly regarding the action plans.
Moreover, in order to fight
impunity, the text requested Member States to bring to justice ‑‑
both national and international ‑‑ parties engaging in crimes
against children in armed conflict situations, he pointed out, describing
resolution 1882 (2009) as a “formidable tool” to be used by the Office of the
Special Representative, UNICEF, the Department of Peacekeeping Operations,
United Nations monitoring teams and other actors, who strove tirelessly to
improve the situation of children. Although the Council had taken a
significant step forward in the child protection agenda, however, “we must also
recognize that there is still much left to be done if we want children to never
again fall victims to the spiral of violence that armed conflicts generate”, he
added.
The representative of
Effective implementation of the
resolution depended, among other things, on the adoption of action plans by the
parties involved, he continued, noting that, unfortunately, many of them had
not yet been drawn up or adopted. >From now on, those plans must also
include a component on sustained comprehensive treatment of rape victims.
The meeting started at 3:10 p.m.
and ended at 3:25 p.m.
Resolution
The full text of resolution 1882
(2009) reads as follows:
“The Security Council,
“Reaffirming its resolutions
1261 (1999) of 25 August 1999, 1314 (2000) of 11 August 2000,
1379 (2001) of 20 November 2001, 1460 (2003) of 30 January 2003, 1539
(2004) of 22 April 2004, and 1612 (2005) of 26 July 2005, and the
Statements of its President on 24 July 2006 (S/PRST/2006/33),
28 November 2006 (S/PRST/2006/48), 12 February 2008 (S/PRST/2008/6),
17 July 2008 (S/PRST/2008/28) and 29 April 2009 (S/PRST/2009/9),
which contribute to a comprehensive framework for addressing the protection of
children affected by armed conflict,
“Acknowledging that the
implementation of its resolution 1612 (2005) has generated progress, resulting
in the release and reintegration of children into their families and
communities and in a more systematic dialogue between the United Nations
country-level task forces and parties to the armed conflict on the
implementation of time-bound action plans, while remaining deeply concerned
over the lack of progress on the ground in some situations of concern, where
parties to conflict continue to violate with impunity the relevant provisions
of applicable international law relating to the rights and protection of
children in armed conflict,
“Stressing the primary role
of national Governments in providing protection and relief to all children
affected by armed conflicts,
“Reiterating that all
actions undertaken by United Nations entities within the framework of the monitoring
and reporting mechanism must be designed to support and supplement, as
appropriate, the protection and rehabilitation roles of national Governments,
“Recalling the
responsibilities of States to end impunity and to prosecute those responsible
for genocide, crimes against humanity, war crimes and other egregious crimes
perpetrated against children,
“Welcoming the fact that
several individuals who are alleged to have committed crimes against children
in situations of armed conflict have been brought to justice by national
justice systems and international justice mechanisms and mixed criminal courts
and tribunals,
“Convinced that the
protection of children in armed conflict should be an important aspect of any
comprehensive strategy to resolve conflict,
“Calling on all parties to
armed conflicts to comply strictly with the obligations applicable to them
under international law for the protection of children in armed conflict,
including those contained in the Convention on the Rights of the Child and its
Optional Protocol on the involvement of Children in Armed Conflict, as well as
the Geneva Conventions of 12 August 1949 and their Additional Protocols of
1977,
“Reiterating its primary
responsibility for the maintenance of international peace and security and, in
this connection, its commitment to address the widespread impact of armed
conflict on children,
“Stressing its determination
to ensure respect for its resolutions and other international obligations and
applicable norms on the protection of children affected by armed conflict,
“Having considered the
report of the Secretary-General of 26 March 2009 (S/2009/158) and stressing
that the present resolution does not seek to make any legal determination as to
whether situations which are referred to in the Secretary-General’s report are
or are not armed conflicts within the context of the Geneva Conventions and the
Additional Protocols thereto, nor does it prejudge the legal status of the
non-State parties involved in these situations,
“Deeply concerned that
children continue to account for a considerable number of casualties resulting
from killing and maiming in armed conflicts including as a result of deliberate
targeting, indiscriminate and excessive use of force, indiscriminate use of
landmines, cluster munitions and other weapons and use of children as human
shields and equally deeply concerned about the high incidence and
appalling levels of brutality of rape and other forms of sexual violence committed
against children, in the context of and associated with armed conflict
including the use or commissioning of rape and other forms of sexual violence
in some situations as a tactic of war,
“1. Strongly
condemns all violations of applicable international law involving the
recruitment and use of children by parties to armed conflict as well as their
re-recruitment, killing and maiming, rape and other sexual violence,
abductions, attacks against schools or hospitals and denial of humanitarian
access by parties to armed conflict and all other violations of international
law committed against children in situations of armed conflict;
“2. Reaffirms
that the monitoring and reporting mechanism will continue to be implemented in
situations listed in the annexes to the reports of the Secretary-General on
children and armed conflict in line with the principles set out in paragraph 2
of its resolution 1612 (2005) and that its establishment and implementation
shall not prejudge or imply a decision by the Security Council as to whether or
not to include a situation on its agenda;
“3. Recalls
paragraph 16 of its resolution 1379 (2001) and requests the
Secretary-General also to include in the annexes to his reports on children and
armed conflict those parties to armed conflict that engage, in contravention of
applicable international law, in patterns of killing and maiming of children
and/or rape and other sexual violence against children, in situations of armed
conflict, bearing in mind all other violations and abuses against children, and
notes that the present paragraph will apply to situations in accordance with
the conditions set out in paragraph 16 of its resolution 1379 (2001);
“4. Invites the
Secretary-General through his Special Representative for Children and
Armed Conflict to exchange appropriate information and maintain interaction
from the earliest opportunity with the Governments concerned regarding
violations and abuses committed against children by parties which may be
included in the annexes to his periodic report;
“5. While noting
that some parties to armed conflict have responded to its call upon them to
prepare and implement concrete time-bound action plans to halt recruitment and
use of children in violation of applicable international law;
(a) Reiterates
its call on parties to armed conflict listed in the annexes of the
Secretary-General’s report on children and armed conflict that have not already
done so to prepare and implement, without further delay, action plans to halt
recruitment and use of children in violation of applicable international law;
(b) Calls upon
those parties listed in the annexes of the Secretary-General’s report on
children and armed conflict that commit, in contravention of applicable
international law, killing and maiming of children and/or rape and other sexual
violence against children, in situations of armed conflict, to prepare concrete
time-bound action plans to halt those violations and abuses;
(c) Further calls
upon all parties listed in the annexes to the Secretary-General’s report on
children and armed conflict to address all other violations and abuses
committed against children and undertake specific commitments and measures in
this regard;
(d) Urgesthose parties
listed in the annexes of the Secretary-General’s report on children and armed
conflict to implement the provisions contained in this paragraph in close
cooperation with the Special Representative of the Secretary-General for
Children and Armed Conflict and the United Nations country-level task forces on
monitoring and reporting;
“6. In this context,
encourages Member States to devise ways, in close consultations with the United
Nations country-level task force on monitoring and reporting and United Nations
country teams, to facilitate the development and implementation of time-bound
action plans, and the review and monitoring by the United Nations country-level
task force of obligations and commitments relating to the protection of
children in armed conflict;
“7. Reiterates
its determination to ensure respect for its resolutions on children and armed
conflict, and in this regard:
(a) Welcomes the
sustained activity and recommendations of its Working Group on Children and
Armed Conflict as called for in paragraph 8 of its resolution 1612 (2005), and
invites it to continue reporting regularly to the Security Council;
(b) Requests
enhanced communication between the Working Group and relevant Security Council
Sanctions Committees, including through the exchange of pertinent information
on violations and abuses committed against children in armed conflict;
(c) Reaffirms
its intention to take action against persistent perpetrators in line with
paragraph 9 of its resolution 1612 (2005);
“8. Stresses the
responsibility of the United Nations country-level task forces on monitoring
and reporting and United Nations country teams, consistent with their
respective mandates, to ensure effective follow-up to Security Council
resolutions on children and armed conflict, to monitor and report progress to
the Secretary-General in close cooperation with his Special Representative for
Children and Armed Conflict and ensure a coordinated response to issues related
to children and armed conflict;
“9. Requests the
Secretary-General to include more systematically in his reports on children and
armed conflict specific information regarding the implementation of the Working
Group recommendations;
“10. Reiterates its
request to the Secretary-General to ensure that, in all his reports on
country-specific situations, the matter of children and armed conflict is
included as a specific aspect of the report, and expresses its intention to
give its full attention to the information provided therein, including the implementation
of relevant Security Council resolutions and of the recommendations of its
Working Group on Children and Armed Conflict, when dealing with those
situations on its agenda;
“11. Welcomes the
efforts of the Department of Peacekeeping Operations in mainstreaming child
protection into peacekeeping missions, in line with that Department’s recently
adopted Child Protection Policy directive, and encourages the deployment of
Child Protection Advisers to peacekeeping operations, as well as into relevant peacebuilding
and political missions, and decides to continue the inclusion of specific
provisions for the protection of children in such mandates;
“12. Requests Member
States, United Nations peacekeeping, peacebuilding and political missions and
United Nations country teams, within their respective mandates and in close
cooperation with Governments of the concerned countries, to establish
appropriate strategies and coordination mechanisms for information exchange and
cooperation on child protection concerns, in particular cross-border issues,
bearing in mind relevant conclusions by the Security Council Working Group on
Children and Armed Conflict and paragraph 2 (d) of its resolution 1612 (2005);
“13. Stresses that
effective disarmament, demobilization and reintegration programmes for
children, building on best practices identified by UNICEF and other relevant
child protection actors, are crucial for the well-being of all children who, in
contravention of applicable international law, have been recruited or used by
armed forces and groups, and are a critical factor for durable peace and
security, and urges national Governments and donors to ensure that these
community based programmes receive timely, sustained and adequate resources and
funding;
“14. Also stresses the
importance of timely, sustained and adequate resources and funding for
effective welfare programmes for all children affected by armed conflict;
“15. Calls upon Member
States, United Nations entities, including the Peacebuilding Commission and
other parties concerned to ensure that the protection, rights, well-being and
empowerment of children affected by armed conflict are integrated into all
peace processes and that post-conflict recovery and reconstruction planning,
programmes and strategies prioritize issues concerning children affected by
armed conflict;
“16. Calls upon
concerned Member States to take decisive and immediate action against
persistent perpetrators of violations and abuses committed against children in
situations of armed conflict, and further calls upon them to bring to justice
those responsible for such violations that are prohibited under applicable
international law, including with regard to recruitment and use of children,
killing and maiming and rape and other sexual violence, through national
justice systems, and where applicable, international justice mechanisms and
mixed criminal courts and tribunals, with a view to ending impunity for those
committing crimes against children;
“17. Requests the
Secretary-General to continue to take the necessary measures including, where
applicable, to bring the monitoring and reporting mechanism to its full
capacity, to allow for prompt advocacy and effective response to all violations
and abuses committed against children and to ensure that information collected
and communicated by the mechanism is accurate, objective, reliable and
verifiable;
“18. Requests the
Secretary-General to provide administrative and substantive support for the
Security Council Working Group on Children and Armed Conflict taking into
consideration its current workload and the need to strengthen its capacities
and institutional memory;
“19. Requests the
Secretary-General to submit a report by May 2010 on the implementation of its
resolutions and presidential statements on children and armed conflict,
including the present resolution, which would include, inter alia:
(a) Annexed lists of
parties in situations of armed conflict on the agenda of the Security Council
or in other situations of concern, in accordance with paragraph 3 of the
present resolution;
(b) Information on
measures undertaken by parties listed in the annexes to end all violations and
abuses committed against children in armed conflict;
(c) Information of progress
made in the implementation of the monitoring and reporting mechanism
established in its resolution 1612 (2005);
(d) Information on the
criteria and procedures used for listing and de-listing parties to armed conflict
in the annexes to his periodic reports, bearing in mind the views expressed by
all the members of the Working Group during informal briefings to be held
before the end of 2009;
“20. Decides to remain actively seized of this matter.”
_________________________________________________________
http://www.un.org/apps/news/story.asp?NewsID=31674&Cr=child+soldiers&Cr1=
4 August 2009
– The Security Council today called on Secretary-General Ban Ki-moon to expand
his list of parties who recruit child soldiers to include those who kill, maim,
rape or commit other forms of sexual violence against children in wartime.
Unanimously adopting resolution 1882, the Council strongly condemned such violations of international law committed against children and called on those parties on the Secretary-General’s so-called ‘list of shame’ to prepare “concrete time-bound action plans to halt those violations and abuses.”
In addition, the 15-member body “calls upon concerned Member States to take decisive and immediate action against persistent perpetrators of violations and abuses committed against children in situations of armed conflict,” and to bring them to justice.
“This is a major step forward in the fight against impunity for crimes against children and a recognition of the reality of conflict today, where girls and boys are increasingly targeted and victimized, killed and raped, as well as recruited into armed groups,” said Radhika Coomaraswamy, welcoming the adoption of the “landmark” text.
An important aspect of the expanded listing criteria is the Council’s empowerment of the UN on the ground to enter into dialogue with armed forces and groups on action plans to halt these violations and to bring perpetrators to account.
The Council first established a mechanism for monitoring, reporting on and punishing those responsible for the recruitment of child soldiers in resolution 1612, adopted in 2005. According to that text, institutions at the country-level gather evidence and forward the information to the Secretary-General, who then reports to the Security Council and the General Assembly.
Ms. Coomaraswamy noted that the Council’s focus on recruitment and use and the accompanying threat of targeted measures against persistent violators has resulted in the release of scores of children in conflicts around the world, most recently in the Philippines and in the Central African Republic (CAR).
“We hope that this expansion will result in equally effective measures with regard to the killing and maiming of children and sexual violence,” she added.
Speaking to reporters at UN Headquarters, the Special Representative noted that today’s action shows that “the UN system works best when it comes to children.”
She also welcomed the Child Protection Policy, adopted by the UN Department of Peacekeeping Operations (DPKO) in June, which responds to the call for greater mainstreaming of child protection across the UN system. It includes the presence of child protection advisers in the field, training and advocacy, and a lead role for peace operations in monitoring for resolution 1612.
“DPKO is now quite sensitive to this issue and hopefully this will have its results in the field in the years to come,” said Ms. Coomaraswamy.
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