Human Rights Instrument and Justification
Article One
The charter recognises the extent of the issue in mainland Africa and respects the use of local techniques to re-integrate child soldiers back into the local community.
Article Twelve
There is a need for separate, central text defining and addressing the issue of child recruitment and use of children in armed conflict. This document aims to bring together the Convention On The Rights Of The Child and the optional protocol on the rights of the child into a clear defined international body of law. Thus the text of the instrument would supersede both the CRC and OP- CRC and become the only reference for dealing with the phenomenon of child soldiers. The proposed Charter provides a clear and concise definition of what constitutes a child and a child soldier respectively. Article one includes the Unicef definition of a child soldier, this definition incorporates all aspects of the child soldiers phenomenon and is useful tool in the fight against child soldiers. It is widely agreed that forced recruitment is an unacceptable method of recruiting children for state and non-state activities. However voluntary recruitment is still a controversial issue that must be dealt with delicately if progress is to be made in the fight against this unlawful act. The Charter clearly states that it is unacceptable for government or government agencies to recruit or solicit children with the aim of using them in a conflict zone. Regarding Non-State actors, it is important than an example is set by the Charter and that the instrument allows for a process of criminalization.
Today more than 300,000 children are involved in armed conflict around the globe, many of these are abducted or forced into armed groups with tragic consequences. 40% of these children are involved in conflict on the African mainland and 40 per cent of these soldiers are girl soldiers. A specific focus is needed to tackle the extent of the issue on the African continent. Also gender equality is important issue when attempting to reduce the amount of young girls being used in armed conflict, whether as direct combatants or in a secondary role. There is also a need for a unique approach to the problem in Africa. Western psychology has proven unable to deal with the after effects of involvement in the horrific acts associated with being a child soldier. The work of Mary-Jane Fox has explored the ideal of a uniquely gendered approach to discussing the issue of girls involved in war zones.
Honwana (2002) has looked at the African spirit and he showed that western psychology is unable to understand the African mindset. There is emphasis placed on the body as a whole, something that is not practiced in standard western psychology. Stigma is also attached to girls who have been victims of sexual violence and as a result they cannot reintegrate into their communities. In this respect regional organisations become very important instruments in dealing with the phenomenon of child soldiers on a local level. n order to highlight the issue a closer examination of the child soldiers phenomenon in Angola and Mozambique is included. The work of Alcinda Honwana (2002) provides a solid basis for such an exploration of recruitment, initiation into violence and eventual reconciliation attempts. n 1975 both Angola and Mozambique achieved independence from Portugal after a prolonged armed conflict for national liberation. Honwana (2002) describes that the post-colonial regimes adopted a socialist model of development with a primarily Marxist government. Immediately opposition parties began wars against the ruling governments of Angola and Mozambique (Mozambique National Resistance RENAMO and United Front for the Total Liberation of Angola UNITA) Both wars lasted 15 and 20 years respectively with many child combatants involved in the fighting. It is estimated by Honwana that 'more than 9000 children in Angola and between 8000-10000 in Mozambique, participated in the conflicts as soldiers. Both Renamo and UNITA were active in recruiting children to their armies' (2002) Such a widespread use of children warrants a closer examination of the underlying causes of recruitment in post-colonial African states. It is Honwana that bases the phenomenon in the post-colonial state of Africa. The idea of any such blame being placed on Africa's pre colonial military history is rejected. Furthermore this rejection is applied to the traditional African culture.
'Rather, the phenomenon is rooted in the crisis of the post colonial state in Africa. This crisis is reflected in ethnic conflicts over power sharing, identity and access to resources; in the incapacity of the state to provide for and protect its citizens; and in the collapse of social and economic structures in rural areas and the massive migration to urban areas' (Honwana 2002)
The model that post-colonial governments applied has failed to deal with grievances arising from such issues. These internal pressures in unison with external pressures from destabilised neighbours has fuelled child recruitment in the resulting conflicts. Lack of opportunity in rural areas resulted in voluntary recruitment of child soldiers. Access to food and the protection of a gun were strong motivating factors. Children can be manipulated and put to horrific use in armed conflict. There is a heavy psychological aspect to turning children into killing machines. Honwara states in Mozambique and Angola that children 'were brainwashed and subjected to the most violent psychological pressures to make them shed their precious identities and assume new ones, as merciless killers (2002) In this process they come to rely solely on their leaders.
DDR programmes should also look to provide a service that catches all children regardless of gender into their schemes. One of the requirements on most DDR programmes is that the individual hands in a weapon. For many children involved in support roles this is not feasible. Also child soldiers can be made share weapons and thus many are unable to avail of the benefits of these programmes
A distinction must be made between the west's approach to recruitment and the recruitment of children in civil conflict. The convention on the rights of child and the Op-CRC fail to make this distinction, as a result the United States has been alienated from its provisions. Voluntary recruitment of children into legitimate and sovereign state forces should be accepted for children who have turned 16. However under no circumstances should that child be sent into a combat zone until they have reached majority at the age of 18. In this way a new document for human rights based upon the issue of child soldiers will be more acceptable and inclusive to members of the United Nations. Such a instrument must be universally accepted by all members of the United Nations.
The convention on the rights of the Child has very little enforcement power and is a weak mechanism for protecting child soldiers. Cohn and Goodwin Gill (1993) are of the opinion that 'the text reflects the wish of governments to avoid entering into absolute obligations with regard to the voluntary participation of children in hostilities' (p,42) The charter outlined above has instruments which aim to allow for enforcement mechanisms.
- All persons under the age of 18 shall be considered a child and hold unique rights on the basis of their status as a minor.
- All provisions of the charter can be applied to any person under the age of 18.
- A ‘child soldier’ is any person under 18 years of age who is part of any kind of regular or irregular armed force or armed group in any capacity – including, but not limited to, combatants, cooks, porters, messengers and anyone accompanying such groups, other than family members. The definition includes girls recruited for sexual purposes and for forced marriage. It does not, therefore, only refer to a child who is carrying or has carried arms
- All Provisions of the Charter apply to State and non-State actors.
- Compulsory recruitment of children under the age of 18 is prohibited. States shall prohibit the forced recruitment of people under the age of 18.
- Compulsory recruitment is prohibited by any non-state actor or group.
- Voluntary recruitment of persons sixteen years or over shall be permitted by legitimate Government forces.
- A recruiting armed group must be a legitimate member of the United Nations.
- No coercion of any kind is must be applied to the individual.
- Guardian consent must be granted.
- Recruitment of under 18’s must be for training purposes only and there must be no intent to send minors into combat zones.
- The Charter recognises the dual role of children in armed groups.
- The first being the primary role as soldiers not limited to only those carrying weapons.
- The Second being support roles including but not limited to, combatants, cooks, porters, messengers, mine sweepers, family members and any child used for sexual purposes or forced marriage.
- State parties shall be active in ensuing that children as defined by Article One who are members of armed forces do not take any part in armed conflict or acts associated with hostility of any kind.
- This includes direct and indirect involvement and is not limited to the use of force.
- Secondary involvement as outlined in Article Four is also to be strictly forbidden.
- Failure to comply with the terms of the charter shall led to criminal prosecution of individuals involved in the use of children in armed conflict.
- Violations of the laws of war need to be reported, so that perpetrators can be held accountable before tribunals or through other truth and reconciliation mechanisms
- It is the responsibility of the State to provide for such prosecution.
- Failure to take measures against breaches of the charter will result in referral to regional organisations or the United Nations
- The United Nations and the global community may act in the interest of children within a state and invoke collective security principals to ensure that acts of abuse against children are criminalised.
- Civil war is not an acceptable excuse for the use of children in armed conflict.
- The United Nations may intervene to protect children’s interests within a state suffering civil strife.
- Such an intervention will not constitute a breach of sovereignty and will invoke the principals of responsibility to protect and humanitarian intervention.
- Regional organisations should play a strong role in enforcing the rights of children.
- It is there prerogative to oversee the implementation of the provisions of the charter with all necessary force.
The charter recognises the extent of the issue in mainland Africa and respects the use of local techniques to re-integrate child soldiers back into the local community.
- African countries will recognise the issue within their boundaries
- Co-operation through regional apparatus should apply pressure to countries where children are exploited for use in armed conflict.
- The Charter recognises that gender is a unique issue within the context of children in armed conflict.
- The use of girl soldiers is strictly prohibited by any armed group whether in a primary or secondary role.
- The Charter provides the basis for the creation of the United Nations Child Response Team (UNCRT)
- UNCRT will be responsible for monitoring the situation of children in individual states
- UNCRT is responsible for the enforcement of the charter in United Nations states
- UNCRT is responsible for monitoring non-states actors and the use of children within these armed groups.
- Regional organisations have a responsibility to act in conjunction with UNCRT and provide the relevant support and resources in the region.
Article Twelve
- Former child soldiers should be protected and provided for during demobilisation and social reintegration.
- Child soldiers who committed atrocities should be reintegrated and be allowed reconciliation with their communities
- It should not be a requirement that a child has to be accompanied by a weapon top avail of reintegration programmes
There is a need for separate, central text defining and addressing the issue of child recruitment and use of children in armed conflict. This document aims to bring together the Convention On The Rights Of The Child and the optional protocol on the rights of the child into a clear defined international body of law. Thus the text of the instrument would supersede both the CRC and OP- CRC and become the only reference for dealing with the phenomenon of child soldiers. The proposed Charter provides a clear and concise definition of what constitutes a child and a child soldier respectively. Article one includes the Unicef definition of a child soldier, this definition incorporates all aspects of the child soldiers phenomenon and is useful tool in the fight against child soldiers. It is widely agreed that forced recruitment is an unacceptable method of recruiting children for state and non-state activities. However voluntary recruitment is still a controversial issue that must be dealt with delicately if progress is to be made in the fight against this unlawful act. The Charter clearly states that it is unacceptable for government or government agencies to recruit or solicit children with the aim of using them in a conflict zone. Regarding Non-State actors, it is important than an example is set by the Charter and that the instrument allows for a process of criminalization.
Today more than 300,000 children are involved in armed conflict around the globe, many of these are abducted or forced into armed groups with tragic consequences. 40% of these children are involved in conflict on the African mainland and 40 per cent of these soldiers are girl soldiers. A specific focus is needed to tackle the extent of the issue on the African continent. Also gender equality is important issue when attempting to reduce the amount of young girls being used in armed conflict, whether as direct combatants or in a secondary role. There is also a need for a unique approach to the problem in Africa. Western psychology has proven unable to deal with the after effects of involvement in the horrific acts associated with being a child soldier. The work of Mary-Jane Fox has explored the ideal of a uniquely gendered approach to discussing the issue of girls involved in war zones.
Honwana (2002) has looked at the African spirit and he showed that western psychology is unable to understand the African mindset. There is emphasis placed on the body as a whole, something that is not practiced in standard western psychology. Stigma is also attached to girls who have been victims of sexual violence and as a result they cannot reintegrate into their communities. In this respect regional organisations become very important instruments in dealing with the phenomenon of child soldiers on a local level. n order to highlight the issue a closer examination of the child soldiers phenomenon in Angola and Mozambique is included. The work of Alcinda Honwana (2002) provides a solid basis for such an exploration of recruitment, initiation into violence and eventual reconciliation attempts. n 1975 both Angola and Mozambique achieved independence from Portugal after a prolonged armed conflict for national liberation. Honwana (2002) describes that the post-colonial regimes adopted a socialist model of development with a primarily Marxist government. Immediately opposition parties began wars against the ruling governments of Angola and Mozambique (Mozambique National Resistance RENAMO and United Front for the Total Liberation of Angola UNITA) Both wars lasted 15 and 20 years respectively with many child combatants involved in the fighting. It is estimated by Honwana that 'more than 9000 children in Angola and between 8000-10000 in Mozambique, participated in the conflicts as soldiers. Both Renamo and UNITA were active in recruiting children to their armies' (2002) Such a widespread use of children warrants a closer examination of the underlying causes of recruitment in post-colonial African states. It is Honwana that bases the phenomenon in the post-colonial state of Africa. The idea of any such blame being placed on Africa's pre colonial military history is rejected. Furthermore this rejection is applied to the traditional African culture.
'Rather, the phenomenon is rooted in the crisis of the post colonial state in Africa. This crisis is reflected in ethnic conflicts over power sharing, identity and access to resources; in the incapacity of the state to provide for and protect its citizens; and in the collapse of social and economic structures in rural areas and the massive migration to urban areas' (Honwana 2002)
The model that post-colonial governments applied has failed to deal with grievances arising from such issues. These internal pressures in unison with external pressures from destabilised neighbours has fuelled child recruitment in the resulting conflicts. Lack of opportunity in rural areas resulted in voluntary recruitment of child soldiers. Access to food and the protection of a gun were strong motivating factors. Children can be manipulated and put to horrific use in armed conflict. There is a heavy psychological aspect to turning children into killing machines. Honwara states in Mozambique and Angola that children 'were brainwashed and subjected to the most violent psychological pressures to make them shed their precious identities and assume new ones, as merciless killers (2002) In this process they come to rely solely on their leaders.
DDR programmes should also look to provide a service that catches all children regardless of gender into their schemes. One of the requirements on most DDR programmes is that the individual hands in a weapon. For many children involved in support roles this is not feasible. Also child soldiers can be made share weapons and thus many are unable to avail of the benefits of these programmes
A distinction must be made between the west's approach to recruitment and the recruitment of children in civil conflict. The convention on the rights of child and the Op-CRC fail to make this distinction, as a result the United States has been alienated from its provisions. Voluntary recruitment of children into legitimate and sovereign state forces should be accepted for children who have turned 16. However under no circumstances should that child be sent into a combat zone until they have reached majority at the age of 18. In this way a new document for human rights based upon the issue of child soldiers will be more acceptable and inclusive to members of the United Nations. Such a instrument must be universally accepted by all members of the United Nations.
The convention on the rights of the Child has very little enforcement power and is a weak mechanism for protecting child soldiers. Cohn and Goodwin Gill (1993) are of the opinion that 'the text reflects the wish of governments to avoid entering into absolute obligations with regard to the voluntary participation of children in hostilities' (p,42) The charter outlined above has instruments which aim to allow for enforcement mechanisms.