The Monitoring and Reporting Mechanism on Grave Violations against Children in Situations of Armed Conflict

Transcription

1 The Monitoring and Reporting Mechanism on Grave Violations against Children in Situations of Armed Conflict ATHA Core training, July 2, 2010, Harnosand, Sweden Presented by: Joanna Radziukiewicz, Humanitarian Policy Section, UNICEF HQ

2 Overview of presentation Historic overview: CAAC milestones Interplay of law and policy discussion: establishment of the MRM Monitoring and Reporting on grave violations against children: purpose / violations How the MRM works (multi-stakeholder process, Action Plans, Programmatic Response, Listing/ De-listing) Accountability and compliance Overview - dynamics of the Security Council Operational and policy challenges to the MRM

3 CAAC Milestones Graca Machel study (1996) Appointment of SRSG- CAAC (1997) Security Council seized by CAAC since establishment as a P&S issue 7 CAAC SC Resolutions (SCR 1612 in 2005, 1882 in 2009) UNICEF/HQ /Susan Markisz/Liberia

4 Key SCR Framework SCR 1539 (2004): Calls on parties to conflict to enter into dialogue with the UN for the purpose for developing Action Plans to halt and prevent grave violations against children SCR 1612 (2005): Establishes and outlines the Monitoring and Reporting Mechanism on children and armed conflict and introduces the trigger of listing parties to conflict who recruit and use of children - 7 countries, SC WG CAAC (toolkit), SG CO MRM reports SCR 1882 (2009): Complements SCR 1612 and expands further the listing exercise from the trigger of recruitment with two additional triggers: patterns of killing and maiming and rape and grave sexual violence committed against children

5 Purpose of the MRM to provide for the systematic gathering of objective, specific and reliable information on grave violations committed against children in situations of armed conflict, leading to wellinformed, concerted and effective responses to ensure compliance with international and local children and armed conflict protection norms. Report of the Secretary General on children and armed conflict, United Nations A/59/695 S/2005/72. Democratic Republic of the Congo - UNICEF/HQ / Roger LeMoyne

6 Monitoring and reporting of grave violations? Context? The conduct took place in a situation of armed conflict (note: not a legal determination) Against whom? Violations against children, i.e. persons < 18 years. Perpetrator? State armed forces or non-state entity (armed opposition / rebel group) UNICEF/HQ / Giacomo Pirozzi

7 Which Violations? 1. Killing or maiming of children 2. Recruitment and/or use of children 3. Attacks against schools or hospitals 4. Rape and/or other grave sexual violence against children 5. Abduction of children 6. Denial of humanitarian 7. access

8 Where is the MRM being implemented? Afghanistan Colombia Chad Cote d Ivoire Sudan Iraq Nepal Myanmar CAR DRC Somalia Sri Lanka Philippines Burundi Uganda 13 MRM Country Task Forces currently operational as of June 2010

9 How the MRM system Works Country MRM Task Force Global Technical Support and Guidance Security Council WG 3on CAAC & other destinations for action MRM incountry monitors and reports grave violations against children 2. Info triggers prevention and responses (advocacy and programmatic) by stakeholders at multiple destinations of action. Also informs policy and situational analysis 3. MRM Task Force provides inputs to SG s CAAC report and GHN, which is reviewed by SCWG, which provides Conclusions (political response) based on the report s recommendations

10 1. Listing. Process of listing and de-listing parties Armed Force / MRMCTF UN CT /RC/HC SRSG-CAAC / SG Recruits and uses children, engages in patterns of killing and maiming and rape and grave sexual violence committed against children Monitors / receives and verifies information that an armed group has committed the violation Makes a recommendation to the SG to list the party in the annexes of the SGs annual CAAC report Lists the party in the annexes the SGs annual report 2. De-listing A party will be de-listed on condition that there is UN verified information that it has ceased of all said grave violations against children, for which the party has been listed in the Secretary General s report on children and armed conflict, for a period of at least one reporting cycle (SGs Global CAAC report 2010, Sec 5 E)

11 National governments? Roles? Responsibilities? National Governments are central to the MRM at all levels. Under international law, governments of the affected countries bear the primary responsibility to promote, protect, and respect the rights of children living within their jurisdiction. The role of the UN and international community is to support Governments in this regard, not to supplant them. It is crucial to support and strengthen national institutions for the prevention of grave violations, protection and rehabilitation of children in conflict and post-conflict situations.

12 The donor community Through the presence of in country embassies, donor countries are critical in terms of the provision of adequate resources for actors responsible for implementing the MRM, and particularly for ensuring sufficient resources for response programming including the reintegration of children into their communities. Further, donor forums can potentially serve as platforms for advocacy with national governments.

13 Accountability: Dialogue with parties to conflict for Commitments and Action Plans to address grave violations and SC targeted measures Dialogue towards their preparation of concrete, time-bound action plans on recruitment and use of child soldiers, rape and other forms of sexual violence, and the killing or maiming of children, is a key element of the Security Council s monitoring and compliance agenda (SCR 1539, 1612, 1882) Other destinations for action? SCWG toolkit / other destinations for action Sanctions, targeted measures (where Sanctions Committees exist (travel bans, freezing of assets) Results: 2009 APs with SPLA (Sudan), MILF (Philippines), CPN-Maoists (Nepal) (but Colombia, CAR, Myanmar, Somalia ) Inclusion of child protection issues in formal peace processes and demobilization processes (DRC) Other commitments made during SRSG-visits (e.g. Afghanistan, Sri Lanka)

14 Overview Security Council Dynamics Current sticking points Group work: identify language in key SC resolutions related to: Role of national government Action Plans - dialogue Targeted measures / sanctions

15 Political and operational challenges to the MRM. Political / policy: - Further expansion of triggers? - Member states support / national governments? - Synergies with other SC related processes? Compatibility with Sanctions regimes - SC action - ready to be used? Operational: - MRM new old mandate for UN - High political stakes vs traditional programming - Access / AP - ensure compliance - Security (staff / victims) - Response to victims / capacity / resources - Coordination / roles amongst stakeholders

16 Questions?