Study Guide. United Nations Human Rights Council

Transcription

1 The 6 th Taipei Model United Nations Junior Conference Taipei Youth Leadership Forum Study Guide United Nations Human Rights Council Protecting Children In Armed Conflict Zones 2015 TMUNJ Academics 2015/9/17

2 Table of Contents Study Guide I. Committee Introduction 3 II. Topic Background 4 III. Past Actions 6 i. Convention on the Rights of the Child and its 6 Optional Protocol ii. Resolution 1261 passed by the Security 7 Council iii. The Paris Principles 9 IV. Case Study 10 i. Democratic Republic of Congo 10 ii. Syrian Arab Republic 12 V. Questions to be answered 13 VI. Bibliography 14 2

3 Protecting Children in Armed Conflict Zones I. Committee Introduction The United Nations Human Rights Council (UNHRC) was established as a subsidiary organ of the General Assembly on March 15, 2006, after the adoption of Resolution 60/251, in replacement of the Commission on Human Rights. 1 UNHRC is an inter-governmental body with 47 Member States elected by the General Assembly (GA). Located in Geneva, Switzerland, it aims to strengthen the promotion and protection of human rights in all aspects, including civil, political, economic, social, cultural, and development rights. 2 There are three main organs under UNHRC: Universal Periodic Review Working Group, Human Rights Council Advisory Committee and Special Procedures. With the information from other relevant stakeholders, such as non-governmental organizations (NGOs), human rights defenders, academic institutes, research centers and representatives of the civil society, Universal Periodic Review Working Group evaluates and reports human rights conditions in all Member States of the United Nations (UN), and issues Universal Periodic Review (UPR) on every UN Member State every four years. 3 Human Rights Council Advisory Committee serves as an advisory group, consisting of 18 distinguished experts from different regions. Experts in the Advisory Committee offer the council research-based suggestions for policy making. 4 Special Procedures is comprised of mandated individuals and independent working groups that give consultations on particular human rights issues to advance further cooperation. The human rights issues they discuss cover almost all 1 United Nations, General Assembly, Resolution 60/251, Human Rights Council, A/RES/60/251 (3 April 2006) 2 United Nations, General Assembly, Resolution 60/251, Human Rights Council, A/RES/60/251 (3 April 2006) 3 2 Universal United Nations, Periodic General Review, Assembly, United Resolution Nations Human 60/251, Rights Human Office Rights of the Council, High Commissioner A/RES/60/251 for (3 April Human 2006) Rights, 3 Universal Periodic Review, United Nations Human Rights Office of the High Commissioner for Human Rights, (9/7/2015) 4 Background information on the Advisory Committee, United Nations Human Rights Office of the High Commissioner for Human Rights, (9/7/2015) 3

4 aspects, containing civil, cultural, economic, political, and social. 5 It carries out country-visits to investigate the human rights conditions at national level, 6 analyzes the general patterns and trends of human rights violations in individual cases. Direct intervention would be targeted on states suffering from human rights abuses, thus, raising public awareness. II. Topic Background Jack Donnelly, a human rights specialist and the author of Universal Human Rights in Theory and Practice, has mentioned in his work that, human rights are, literally, the rights that one has simply because he/she is a human being. 7 Unfortunately, in reality, not everyone is allowed to practice the same rights, especially children who are vulnerable and easy to be manipulated in armed conflict zones. The struggle for the recognition of human rights began since the time of Magna Carta (The Great Charter); however, child rights were not recognized until the end of World War I. 8 The League of Nations drafted Geneva Declaration of the Rights of the Child in 1924, the first ever document, which directly guaranteed the rights of children. 9 Continuing the efforts of the League of Nations, the United Nations passed Declaration of the Rights of the Child in November 1959, which strengthened the protection of child rights. 10 In the year of 1979, Convention on the Rights of the Child was drafted, providing a clear definition of child, and specifying the duty that each and every party shall fulfill. According to the Convention, a child is a human being below the age of eighteen unless majority is attained earlier under the law applicable to the child. Not only do families have a responsibility to protect their children, states also have the duty to ensure that the child rights are 5 Special Procedures of the Human Rights Council, United Nations Human Rights Office of the High Commissioner for Human Rights, (9/7/2015) 6 Country and visits of Special Procedures, United Nations Human Rights Office of the High Commissioner for Human Rights, (9/7/2015) 7 Jack Donnelly. Chapter 1: the Concept of Human Rights. New York: Cornell University (2003), pp 劉文彬, 西洋人權史 - 從英國大憲章到聯合國科索沃決議案 ( 臺北 : 五南,2005), 頁 5 9 Geneva Declaration of the Rights of the Child, 26 September, Declaration of the Rights of the Child, 20 November

5 observed. 11 The responsibilities of states are clearly stated in the four fundamental principles of the Convention: States shall ensure the rights to all children without discrimination of any kind; The best interests of the child shall be a primary consideration; States recognize all children have the inherent rights to life and the development; States parties shall assure children s rights to express their views freely in all matters affecting the children. 12 However, throughout the twentieth century, states in violations of children s rights were widely seen and recorded, especially during the interwar period. First, propaganda played an important role in relieving the children s fear in order to strengthen their patriotism over the period of both World Wars. The propagandists started by intervening in education. For example, in the United States, teachers taught students about the speed that bombs travel and the number of warships in math class, after the attack on Pearl Harbor. Moreover, children s magazines espoused seeking peace as the highest goal, and schools encouraged children to participate in homefront drives. 13 Meanwhile, the legality of underage recruitment was controversial during the WWI. At the beginning of WWI, it was believed that 250,000 boys and young men under the age of 19 were recruited. 14 On the first day of the Battle of the Somme in 1916, 500 boy soldiers were killed and 2,000 wounded, and by the end of the battle, 18,000 boy soldiers had been killed or wounded. 15 Girls, aged 15 to16, were assigned to be sex slaves, tasked with entertaining returning soldiers, which led to problems such as black market adoption of babies and a sharp increase in illegal abortions. 16 A typical example is the 1950 Korean War. In an attempt to invade South Korea, North Korea drafted boys and girls as cooks, porters, messengers, and spies or even combatants. From July 1950 to July 1953, around 30,000 child soldiers were drafted. At the end of the war, nearly 3,000 died because of the war. Those who survived the war received insufficient wages and did not enjoy the welfare they should have because 11 Convention on the Rights of the Child, 20 November 1989, art Rights of the Child, Humanium, (28/7/2015). A World of Difference: 25 CRC achievements, UNICEF, (28/7/2015) 13 Kilmer, Paulette D, Children, War, and Propaganda, Journalism History, Vol. 38, No. 2 (2012), pp How did Britain let 250,000 underage soldiers fight in WWI? BBC (30/07/2015) 15 Boy Soldiers, The history learning site (30/07/2015) 16 Roma Jean Bradburn, The Forgotten Generation: American Children and World War II, Journal of Family and Consumer Sciences, (Summer 2011):

6 they were drafted to the army instead of an official registration. According to the United Nations Children s Fund (UNICF), the definition of child soldier is a child boy or girl under the age of 18, who is part of any kind of regular or irregular armed force or armed group in any capacity. Nowadays, over 300,000 children are involved in more than 30 conflicts worldwide. Children are recruited as combatants, suicide bombers, messengers, porters, cooks, and forced for sexual services. Some of them are abducted or forcibly recruited, while others are driven to join by poverty, discrimination, or to avenge violence enacted against their families. Children in combat zones, separated from their families or with limited access to education, are more likely to join armed groups as the only way to ensure daily food provision and survival. 17 III. Past Actions For decades, many parties have been devoted to advocating children s rights, including the United Nations as well as NGOs, and many agreements were signed. In the following paragraphs, we will introduce the prominent documents which define and prohibit the violations of child rights: Convention on the Rights of the Child and its Optional Protocol, Resolution 1261 passed by the Security Council, and The Paris Principles. i. Convention on the Rights of the Child and its Optional Protocol Convention on the Rights of the Child plays a significant role in the development of children s rights. It entered into force on September 2, 1990 with 140 signatories and 195 parties ratified the convention except the United States of America and Somalia. 18 The convention identifies child as a person who has the rights to decide his life, instead of being a property of his parents. It promises every child the rights to life, development and social life. A wide range of indicators was measured 17 Factsheet: Child Soldiers, UNICF, (28/7/2015) 18 Convention on the Rights of the Child, United Nations Treaty Collection, (29/7/2015) 6

7 to ensure that every child survive and develop healthily in all aspects, lest these rights be violated. 19 As armed conflicts proliferate around the world, Optional Protocol on the involvement of children in armed conflict was implemented to further guarantee the rights of children in war-torn areas. 20 The Optional Protocol raises the minimum age for direct participation in hostilities, prohibiting compulsory recruitment by government forces of anyone under the age of Voluntary recruitment of children aged 15 and above but under 18 years old is permitted in the Optional Protocol, only when the child and his/her legal guardians are well informed of the military service. 22 These regulations bestowed states an important role in the protection of children s rights. ii. Resolution 1261 passed by the Security Council The United Nations Security Council (UNSC) has announced that protection of children shall not be excluded from a comprehensive operation to resolve armed conflicts. In Resolution 1261 passed by UNSC in 1999, the Council officially condemned all parties committing six grave violations imposed on children during armed conflict, including recruitment and use of children, killing or maiming of children, sexual violence against children, attacks against schools or hospitals, abduction of children, and denial of humanitarian access. 23 This Resolution reaffirmed that the international society is united to curb violations against child rights. Such determination can also be seen in several multilateral conventions adopted by the UN General Assembly with worldwide ratification. The following are the international regulations on children s rights regarding the six grave violations in Resolution Recruitment and use of children Recruitment and use of children aged under 15 is prohibited by the Convention on the Rights of the Child and the Additional Protocols to the Geneva Conventions. The Convention on the Rights of the Child s Optional Protocol on the Involvement of Children in Armed Conflict has 19 A World of Difference: 25 CRC achievements, UNICEF, (28/7/2015) 20 Selected links on children in armed conflicts, Health and human rights info, (3/8/2015) 21 Optional Protocol on the Involvement of Children in Armed Conflict, 25 May 2000, art Optional Protocol on the Involvement of Children in Armed Conflict, 25 May 2000, art The Six Grave Violations Against Children During Armed Conflict: The Legal Foundation, Working Paper N 1, Office of the Special Representative of the Secretary-General for Children and Armed Conflict. (29/07/2015) pp. 9. 7

8 raised the acceptable minimum age for direct participation in hostilities to 18 years. 24 Additionally, in 2015 Resolution 1612, the Security Council concentrated on the child soldier recruitment and demanded the Secretary General to establish a monitoring and reporting mechanism on the issue. 25 Killing or maiming of children Children shall be the object of special respect and shall be protected against any form of indecent assault. 26 The Geneva Conventions and their Additional Protocols, binding both Government armed forces and non-state armed groups, prohibits willful killing, torture of all kinds, cruel or inhuman treatment, and mutilation to human beings, most importantly, victimizing children in armed conflict zones. 27 Sexual violence against children Sexual violence against children in the conflict zones, both boys and girls, sometimes leads to unwanted pregnancy and causes mental and physical harm. Acts of sexual violence may constitute war crime, violating international human rights law. 28 The UNSC Resolution 1820 mentions a number of international treaties prohibiting the sexual abuse and exploitation of adults and children: Convention against Torture (1984), Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949), and Vienna Vienna Declaration of the World Conference on Human Rights (1993). 29 Attacks against schools or hospitals The destruction of schools and hospitals, civilian institutions that provide shelter and protection in combat zones, will result in displacement of homeless children. In accordance with the 24 The Six Grave Violations Against Children During Armed Conflict: The Legal Foundation, Working Paper N 1, Office of the Special Representative of the Secretary-General for Children and Armed Conflict. (29/07/2015) pp Security Council resolution 1612, Resolution 1612, S/RES/1612 (26 July 2005), available from 26 Additional Protocol I to the Geneva Convention, 8 June 1977, art. 77(1). 27 The Geneva Conventions, 12 August 1949, art Protocol Additional to the Geneva Conventions, 8 June 1977, art. 75(2). 28 The Six Grave Violations Against Children During Armed Conflict: The Legal Foundation, Working Paper N 1, Office of the Special Representative of the Secretary-General for Children and Armed Conflict. (29/07/2015) pp Resolution 1820 (2008), Adopted by the Security Council at its 5916th meeting, on 19 June

9 Additional Protocol I, Geneva Conventions, parties involved in the conflicts could not attack schools or hospitals, education or medical personnel. 30 Geneva Convention IV prohibits the armed groups from targeting civilian population and civilian objects, limits their operations against only military objectives. 31 Abduction of children Trafficking, enslavement and hostage taking of children against their will, especially in a conflict zone, may amount to enforced disappearance. 32 Convention on the Rights of the Child emphasizes that, State parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form. 33 Denial of humanitarian access The definition of humanitarian access is: Where protection is not available from national authorities or controlling non-state actors, vulnerable populations have a right to receive international protection and assistance from an impartial humanitarian relief operation. 34 Under Geneva Convention IV and its Additional Protocol, nations in denial of humanitarian access to children and attacking humanitarian workers, violate the principle of customary international law. 35 iii. The Paris Principles The Paris Principles, a political-level commitment expressed by 105 UN Member States in 2007, incorporating the endorsement of several conflict-affected countries, is considered a well-recognized document in the international society. This historic initiative made to liberate children from war 30 Additional Protocol I to the Geneva Convention, 8 June 1977, art Additional Protocol I to the Geneva Convention IV, 8 June 1977 art Geneva Convention IV art. 147; International Convention for the Protection of All Persons from Enforced Disappearance, 2006, art. 2, 25; UN Declaration on Enforced Disappearance, 1992, art.1; Inter-American Convention on the Forced Disappearance of Persons, 1994, art Convention on the Rights of the Child, 20 November 1989, art Glossary of humanitarian terms, ReliefWeb, (29/7/2015) 35 Geneva Convention IV art. 55; International Committee of the Red Cross, Customary Rule 55 n.13, pp.193 9

10 provides guidelines on the disarmament, demobilization, reintegration and justice of all categories of children associated with armed groups. 36 III. Case Study The 2014 annual report of The Secretary-General for children and armed conflict pointing out that grave violations against child rights were committed in 23 countries, including Colombia, Mali, Côte d Ivoire, Nigeria, Libya, Chad, Central African Republic, Democratic Republic of the Congo, Sudan, South Sudan, Somalia, Yemen, Lebanon, Israel, Syrian Arab Republic, Iraq, Afghanistan, Pakistan, India, Myanmar, Thailand and Philippines. 37 Within the following paragraphs, we will further focus on the situation in Democratic Republic of Congo and Syrian Arab Republic. i. Democratic Republic of Congo The Democratic Republic of Congo (DRC) is one of the countries in the world with worst ongoing humanitarian crises. The government in Kinshasa, the capital of DRC, has lost control over large parts of the country, and tension remains high in the east with continuous armed conflicts between the national army and non-state armed groups. 38 Violations of the Congolese children s rights have been exacerbated with reoccurring and protracted armed conflicts since Abuses against children such as killings, sexual violence, abduction and especially recruitment of participation in hostilities have been serious in DRC. In the 2008 Global Report, the Coalition to Stop the Use of Child Soldiers estimated that 7,000 child soldiers remained in government forces and armed groups. 39 In 2012, the UN particularly accused, the M23 (March 23 Movement) rebels in of recruiting child soldiers. Though the UN subsequently announced more than 500 child soldiers were released in eastern DRC provinces in September 2013, approximately 1,500 children 36 Paris Principles, Office of the Special Representative of the Secretary-General for Children and Armed Conflict, (4/8/2015). The Paris Principles, February 2007, introduction, available from 37 Countries Where Children are Affected by Armed Conflict, Office of the Special Representative of the Secretary-General for Children and Armed Conflic thttps://childrenandarmedconflict.un.org/countries/children-and-armed-conflict-interactive-world-map/ (29/07/2015) 38 Crisis in the Democratic Republic of Congo, International Coalition for the Responsibility to Project, (7 July 2015). 39 Crisis in the Democratic Republic of Congo, International Coalition for the Responsibility to Project, (7 July 2015). 10

11 remained mobilized in the areas in question. 40 The most crucial element of the UNSC s involvement in the DRC has been its authorization of two missions to the country. The first mission, the UN Mission in the Democratic Republic of Congo (MONUC), was established in 1999 following the Lusaka Ceasefire Agreement. The MONUSCO Child Protection offices cover four provinces in DRC: Oriental, North Kivu, South Kivu and Katanga, and was succeeded in July 2010 by the UN Organization Stabilization Mission in the Democratic Republic of Congo (MONUSCO), aiming to uphold its mandate concerning the protection of civilians in the DRC. 41 Reiterated in the Security Council Resolution 2211 in 2015, MONUSCO should continue to collaborate with the Government of the DRC in the swift and vigorous implementation of the action plan to prevent and end the recruitment and use of children and sexual violence against children by The Armed Forces of the Democratic Republic of Congo (French: Forces Armées de la Republique Démocratique du Congo, FARDC), and continue dialogue with all listed parties to obtain further commitments and work towards the development and implementation of action plans to prevent and end violations and abuses against children. 42 There are also several foundations like The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) and African Child Policy Forum (ACPF) striving for improving the rights and status of African children, especially in DRC. Although in 2015 the provincial Minister of Justice Gisèle Balegamire has said, Democratic Republic of Congo managed to elaborate laws for the protection of child laws and does crack down down on the perpetrators of those rights, DRC has not yet ratified the Children s Chapter in ACERWC. 43 Therefore, the effectiveness of child protection in DRC still remains in doubt. 40 United Nations, Repertoire of the Practice of the Security Council, Peacekeeping Missions, available from (8 July 2015). 41 United Nations, Repertoire of the Practice of the Security Council, Peacekeeping Missions, available from (8 July 2015). 42 United Nations, Security Council, Renewing MONUSCO and its intervention brigade, S/RES/2211 (26 March 2015), available from 43 United Nations, MONUSCO, Bukavu: MONUSCO participates to the organization of 30-day activism for conflicts-affected children, available from 3 July 2015). 11

12 ii. Syrian Arab Republic Syrian Arab Republic is notorious for its unstable political situation. After the outbreak of the Syrian Civil War in 2011, the government the al-assad family has been combating against the Syrian Opposition Forces, resulting in countless killings and the maiming of children. Civilians in this region suffered greatly from random attacks, insufficient food supplies and dehydration, and young children were exposed to perils in the combat zones. Despite Syrian government s immediate reaction to the insurgency, the rising of the Islamic State (IS) further complicated the overall situation. 44 According to Report of the Secretary-General to the Security Council A/69/926-S/2015/409, the Syrian-based terrorism group, the Islamic State of Iraq and the Levant (ISIL) has occupied a large part of Eastern Syrian, used public brutality, religious indoctrination and extreme resorts to govern it claimed territory. Among all ages, children were specifically targeted. In the Syrian Arab Republic ISIL, as well as armed groups in this region, has been recruiting young children to join the combat and training children as suicide bombers. While actual numbers are expected to be higher, the United Nations verified that 271 boys and 7 girls had been recruited and used by groups affiliated with the Free Syrian Army (142), Kurdish People s Protection Units (24), ISIL (69) and al-nusra Front (25). 45 The significantly increasing number of child recruitment is highly related to poverty. Armed forces such as the Free Syrian Army, al-nusra Front (ANF) and ISIL in particular, promise high salaries, mobile phones, weapons, the Islamic heaven for martyrs and the gift, a wife, as rewards for joining them. Driven by religious factors and tempted by these offerings, the poor would send their children to join armed groups, resulting in serious casualty to children. Apart from underage recruitment, cases of indiscriminate attacks by ISIL led to great damage. Targeting of main streets and schools, the government-controlled areas, had children and teachers fall great victims to ISIL s attacks. To tackle with violations against child rights, the UN has summoned up several 44 United Nations, Security Council, Report of the Secretary-General on children and armed conflict in the Syrian Arab Republic, S/2014/31 (27 January 2014), available from 45 Syria Arab Republic, Office of the Special Representative of the Secretary-General for Children and Armed Conflict, (3/8/2015) 12

13 meetings with the Government Interministerial Committee on Child Protection, hoping to curb the recruitment and use of children in combat zones. 46 IV. Questions to be answered i. Family situations, religion and poverty motivate children in conflict zones to join armed groups. Taking these factors into consideration, how can we solve this ongoing issue at root? ii. Family being a child s first line of protection, in cases like orphans and street children, refugees or displaced children, child workers, children trapped in prostitution or sexual abuse, disabled children and delinquent children, assistance from a third party is needed. 47 If family or even States are unable to protect children in conflict zones, who can take this responsibility? iii. With numerous treaties and international conventions being signed, what else we can do to further improve child rights in armed conflict zones comprehensively? 46 Syria Arab Republic, Office of the Special Representative of the Secretary-General for Children and Armed Conflict, (3/8/2015) 47 Children s protection and civil rights, UNICF, (044/7/2015) 13

14 Bibliography Books 劉文彬, 西洋人權史 - 從英國大憲章到聯合國科索沃決議案 ( 臺北 : 五南,2005) Jack Donnelly. Chapter 1: the Concept of Human Rights. And Chapter 2: Universal Declaration Model. Universal Human Rights in Theory and Practice. New York: Cornell University (2003): Journals Kilmer, Paulette D, Children, War, and Propaganda, Journalism History, Vol. 38, No. 2 (2012). Roma Jean Bradburn, The Forgotten Generation: American Children and World War II, Journal of Family and Consumer Sciences, (Summer 2011). UN Documents Convention on the Rights of the Child, 20 November Declaration of the Rights of the Child, 20 November Geneva Declaration of the Rights of the Child, 26 September, Optional Protocol on the Involvement of Children in Armed Conflict, 25 May Protocol Additional to the Geneva Conventions, 8 June Security Council resolution 1261, Resolution 1261, S/RES/1261 (30 August 1999), available from D/CAC%20SRES% pdf. Security Council resolution 1612, Resolution 1612, S/RES/1612 (26 July 2005), available from The Geneva Conventions, 12 August

15 The Paris Principles, February 2007, introduction, available from The Six Grave Violations Against Children During Armed Conflict: The Legal Foundation, Working Paper N 1, Office of the Special Representative of the Secretary-General for Children and Armed Conflict. (29/07/2015) pp. 9. The Universal Declaration of Human Rights, 10 December United Nations, General Assembly, Resolution 60/251, Human Rights Council, A/RES/60/251 (3 April 2006) United Nations, Repertoire of the Practice of the Security Council, Peacekeeping Missions, available from (8 July 2015). United Nations, Security Council, Renewing MONUSCO and its intervention brigade, S/RES/2211 (26 March 2015), available from United Nations, Security Council, Report of the Secretary-General on children and armed conflict in the Syrian Arab Republic, S/2014/31 (27 January 2014), available from Internet Sources African Committee of Experts on the Rights and Welfare of the Child, July 2015). BBC, (30/07/2015) CBSNEWS, (3/8/2015) Democratic Republic of Congo country profile Overview, July 2015). 15

16 Geneva Academy, (25 May 2012). Humanium, (28/7/2015) Health and human rights info, (3/8/2015) International Coalition for the Responsibility to Project, (7 July 2015). MONUSCO: United Nations Organization Stabilization Mission in the DR Congo, (6 July 2015). Office of the Special Representative of the Secretary-General for Children and Armed Conflict, (4/8/2015). ReliefWeb, (29/7/2015) The African Child Policy Forum, July 2015). The history learning site s/ (30/07/2015) United Nations Human Rights Office of the High Commissioner for Human Rights, (9/7/2015) United Nations Treaty Collection, =UNTC-publisher= (29/7/2015) UNICEF, (28/7/2015) 16