Children in Armed Conflicts

0 Institute for Cultural Relations Policy Human Rights Issues Series | 2019 ICRP Human Rights Issues Series | 2019 Children in armed conflicts Authors | Vanessa Gomes, Asante Wiafe, Izaura Avdulaj, Astrid Iacona, Laetitia Vira, Inez Calcoen, Kanan Salimov Editor | Dóra Vető Series Editor | András Lőrincz Published by | Institute for Cultural Relations Policy Institute for Cultural Relations Policy 1131 Budapest, Gyöngyösi u. 45. http://culturalrelations.org [email protected] HU ISSN 2064-2202 © Institute for Cultural Relations Policy – Kulturális Kapcsolatokért Alapítvány, 2019 The information and views set out in this publication are those of the authors and do not necessarily reflect the official opinion of the Institute for Cultural Relations Policy. Neither the Institute for Cultural Relations Policy and nor any person acting on its behalf may be held responsible for the use which may be made of the information contained therein. Reproduction is authorised provided the source is acknowledged. Content Part 1: Introduction INTRODUCING THE GLOBAL CONTEXT OF THE PROTECTION OF WAR-AFFECTED CHILDREN (Vanessa Gomes) ................................................... 1 INTERNATIONAL LEGAL FRAMEWORK ON THE PROTECTION OF CHILDREN IN ARMED CONFLICT (Asante Wiafe) .............................................. 6 Part 2: Case studies THE FORGOTTEN CHILDREN OF THE WAR: HOW THE YEMENI HUMANITARIAN DISASTER IS THREATENING CHILDREN’S RIGHTS (Vanessa Gomes) ................ 20 CHILD PROTECTION SITUATION ASSESSMENT IN THE SYRIAN ARAB REPUBLIC (Asante Wiafe) ..................................................................... 32 VICTIMS OF SPREAD HOSTILITY: HOW ROHINGYA CHILDREN ENDURE THE CONSEQUENCES OF CENTURY-LONG SOCIAL AND CULTURAL ISOLATION (Izaura Avdulaj) ...... 39 CHILD SOLDIERS IN SOUTH SUDAN: IS THERE STILL HOPE FOR CHILDREN? (Astrid Iacona) ...... 46 GIRL SOLDIERS IN THE DEMOCRATIC REPUBLIC OF CONGO (Laetitia Vira).............................. 54 CHILDREN AS PREYS OF THE MEXICAN DRUG WAR (Inez Calcoen) .......................................... 59 THE IMPACTS OF THE NAGORNO-KARABAKH WAR ON CHILDREN (Kanan Salimov) ................ 64 UKRAINE’S CHILDREN CRISIS: HOW THE CONFLICT DESTROYING CHILDREN’S FAMILIES AND IDENTITY? (Izaura Avdulaj) ..................................... 68 Part 3: Interviews INTERVIEW WITH BERNADETTE KNAUDER (Asante Wiafe) ..................................................... 74 INTERVIEW WITH EZEQUIEL HEFFES (Dóra Vető) ..................................................................... 77 List of abbreviations ................................................................................................................. 82 INTRODUCING THE GLOBAL CONTEXT OF THE PROTECTION OF WAR-AFFECTED CHILDREN Gomes Vanessa Since the adoption of the United Nations indirect participation of children in hostilities Convention on the Rights of the Child in 1989, (Coomaraswamy, 2010; UNICEF, 2003). positive progress has been made in several According to Article 1 of the Protocol “state countries in terms of child protection parties shall take all feasible measures to legislation, policies and intervention ensure that members of their armed forces who (Lansdown, 2011). According to UNICEF, the have not attained the age of 18 years do not Convention of the Rights of the Child (CRC) take a direct part in hostilities” (United was the human rights treaty that changed the Nations, 2000, p.237). Although persons under perception of children as passive objects of 18 years old are not permitted to be recruited, care to human beings with a set of rights of the Protocol shows ambiguity in terms of the protection, participation, and the decision of legal minimum age to voluntary enlisting and subjects related to their own lives. As stated by has given permission to voluntary enlisting Article 12 of the CRC, children are now able with the consent of their legal representatives to participate in the opinions that affect their (Coomaraswamy, 2010). This fact remains a lives, according to their level of maturity. paradox in the age of contemporary armed Article 38 refers that the government must conflicts: according to research, most child protect children affected by conflict and war, soldiers are recruited by non-state armed by not letting children under the age of 15 to forces and groups (Coomaraswamy, 2010) join the armed forces. Furthermore, the because war-affected children are "often active reinforcement of the CRC was insured by the against authoritarian regimes" (Vautravers, establishment of three optional protocols: the 2008, p.101). Besides, marginalised and Optional Protocol on the Sale of Children, displaced children are exposed to a greater risk Child Prostitution and Child Pornography of recruitment by armed forces due to (OPSC); the Optional Protocol on the discrimination, stigma or lack of social Involvement of Children in Armed Conflict protection (Vautravers, 2008). The concept of (OPAC); and the Optional Protocol on a voluntary participation and enlistment is also Communications Procedure (OPIC). OPAC very complex since children are not always represents a significant milestone in the recruited because they are abducted or because context of the protection of children in armed they are forced to do so. Poverty, social conflict, in which all state parties agree on the exclusion, the separation of their families due prohibition of the recruitment of members to to armed violence, home displacement, lack of their armed forces in the ages below eighteen community protection and the destruction of years old (United Nations, 2000). safe spaces for children (e.g. schools and play Although OPAC represents a major areas) are also important factors to analyse development in terms of ending and while considering the broad reasons of what condemning the recruitment of children and the protocol refers to as "voluntary" (Shenoda child exploitation in armed hostilities, research et al., 2018; Coomaraswamy, 2010). Often, refers that the protocol itself does not cover the these children have no other option of survival 1 | CHILDREN IN ARMED CONFLICTS and protection but joining an armed group UNICEF (2017) believes that multisectoral (Lee, 2009). cooperation is the most effective measure in International humanitarian treaties also child protection, suggesting intervention based provide special child protection in terms of on the ecological model, where all sector- reintegration, rehabilitation and psychosocial levels must interact with institutions, support in situations of armed conflict communities, families, caregivers and children (Wyness, 2016, Coomaraswamy, 2010). and adolescents themselves. Besides the Optional Protocol, other Concerning that the poverty rates, social international humanitarian treaties reinforced inequalities, violence, and armed conflict rates the advocacy in terms of protecting child were growing worldwide, in 2000, the United soldiers such as: the Rome Statute of the Nations Millennium Summit established the International Criminal Court, which defines Millennium Declaration, where state parties war crimes as “conscripting or enlisting commit to encouraging “the ratification and children under the age of fifteen years into the full implementation of the CRC and its national armed forces or using them to Optional Protocols on the involvement of participate actively in hostilities” (ICC, 2002, children in armed conflict and on the sale of article 8) and the International Labour children, child prostitution and child Organisation Convention No. 182, which pornography” (UNICEF, 2008). The considers child labour as “all forms of slavery Millennium Development Goals (MDGs) or practices similar to slavery, such as the slave report of 2015 presents the results of 15 years or trafficking of children, debt bondage and of the declaration, in which in terms of child serfdom and forced or compulsory labour, protection, the enrolment of children in including forced or compulsory recruitment of primary school increased from 83% in 2000 children for use in armed conflict” (ILO, 2000, and to 91% in 2015; the number of out-of- article 3). The reintegration of child soldiers is school children decreased to 57 million; the also underlined in the Principles and number of girls attending school increased; Guidelines of Children Associated with Armed child-mortality rates decreased by more than Forces and Armed Groups (UNICEF, 2007, half (United Nations, 2015). Although the principle 3.3) which recognises the importance success in promoting global awareness and of child participation and non-discrimination, mobilisation of social and economic problems that is stated in the CRC provisions. worldwide, social inequality and poverty rates Furthermore, it refers to the imperative role of remained. For instance, school attainment and community programming and intervention, in mortality rates continued to be much higher for order to reach the full reintegration of child children who live in the poorest households soldiers in their local communities. (United Nations, 2015). In order to continue Violence against children can have long-term the implementation and intervention of the consequences in their psychosocial Millennium Development Goals, in 2016 the development, (e.g. as toxic stress, post- United Nations established the 2030 Agenda traumatic stress disorder, depression, anxiety) for Sustainable Development, containing 17 which can persist throughout their lives goals and 169 targets, integrated into three

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