Mapping of Child Protection Accountability Mechanisms in Armed Conflict in Africa

1 LIST OF ACRONYMS LIST Save the Children Somalia

MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA

SAVE THE CHILDREN 1 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA ARMED CONFLICT IN MECHANISMS IN ACCOUNTABILITY MAPPING OF CHILD PROTECTION Save the Children Somalia

2 SAVE THE CHILDREN Save the Children is the world’s leading independent organisation for children. Save the Children works in more than 120 countries. We save children’s lives.

We ﬁght for their rights. We help them fulﬁl their potential. 1 LIST OF ACRONYMS LIST Our vision A world in which every child attains the right to survival, protection, development and participation.

Our mission To inspire breakthroughs in the way the world treats children and to achieve immediate and lasting change in their lives. We will stay true to our values of accountability, ambition, collaboration, creativity and integrity.

Published by:

Save the Children International East and Southern Africa Regional Office Regional Programming Unit Protecting Children in Conflict

P.O. Box 19423-00202 Nairobi, Kenya Cellphone: +254 711 090 000 [email protected]

www.savethechildren.net

Save the Children East & Southern Africa Region

SaveTheChildren E&SA @ESASavechildren https://www.youtube.com/channel/ UCYafJ7mw4EutPvYSkpnaruQ

Project Lead: Anthony Njoroge Technical Lead: Fiona Otieno Reviewers: Simon Kadima, Joram Kibigo, Maryline Njoroge, Alexandra Chege, Mory Camara, Måns Welander, Anta Fall, Liliane Coulibaly, and Rita Kirema.

Photos: Save the Children SAVE THE CHILDREN 3 Save the Children is the world’s leading independent organisation for children. Save the Children works in more than 120 countries. We save children’s lives. We ﬁght for their rights. We help them fulﬁl their potential.

Our Vision Our Mission A world in which every child attains the To inspire breakthroughs in the way the right to survival, protection, development world treats children and to achieve and participation. immediate and lasting change in their lives. We will stay true to our values of accountability, ambition, collaboration, creativity and integrity. ACKNOWLEDGEMENTS

On behalf of Save the Children, we wish to thank all the partners and stakeholders who took part in this study. Our sincere appreciation to the military personnel from the following troop-contributing countries: Côte d’Ivoire, Kenya, Senegal, and Uganda on their experiences with accountability mechanisms in their respective contexts. We also wish to extend our gratitude to the representatives from the African Union, national human rights institutions, and civil society organisations in the project’s target states for their contribution on the means of holding perpetrators to account for violations committed against children. Last but not least, to Venitia Govender and Dr. Florencia Belvedere for their lead technical support in shaping the conversation on the need for commitment to enforcing the existing international, regional and national standards on the prevention and remedy of serious violations committed against children in situations of armed conflict. It is anticipated that this mapping exercise will inform discussions around the effcacy of existing mechanisms as well as rally stakeholders on the need for resources, political will and the involvement of children affected by armed conflict in approaches and decisions aimed at protecting children.

This report is financed by Sida (Swedish International Development Cooperation Agency).

Disclaimer: Any views and opinions presented in this report are solely those of the authors and do not necessarily represent those of the donors.

SAVE THE CHILDREN 5 Contents

1 List of Acronyms 8

2 Introduction 11 2.1 Terms of reference for mapping exercise 11 2.2 Methodology of the study 12

3 Background to children in armed conflict and peacekeeping in Africa 15

4 Summary of Key Findings 18 4.1 International Findings 18 4.2 Continental Findings 20 4.3 Regional Findings 22 4.4 National Findings 23

5 International Findings 26 5.1 Introduction 26 5.2 International legal instruments 26 5.3 International standards and norms 27 5.4 Other international related policies and guidelines 28 5.5 Continental and Regional Legal Instruments 29

6 Key structures for International CAAC Accountability 30 6.1 Background 30 6.2 Special Representative of the Secretary-General for Children and Armed Conflict 31 6.3 UN Security Council 32 6.4 Secretary-General’s Annual Reports on Children and Armed Conflict 33 6.5 Monitoring and Reporting Mechanism (MRM) 33 6.6 United Nations Children’s Fund (UNICEF) 35 6.7 UN Security Council Working Group on Children and Armed Conflict 35 6.8 UN Committee on the Rights of the Child 36 6.9 UN Security Council Working Group on Peacekeeping Operations 37 6.10 UN Department of Peacekeeping Operations (DPKO) 37 6.11 United Nations Victims’ Rights Advocate (VRA) 43 6.12 International Criminal Court (ICC) 44

7 Continental Desk Review and Findings 46 7.1 Introduction 46 7.2 African Union and Peacekeeping 50 7.3 African Union and Child Protection 53 7.4 African Union Mission to Somalia (AMISOM) 56

6 SAVE THE CHILDREN 1 8 Regional Economic Communities/Regional Mechanisms (RECs/MCs) 60 LIST OF ACRONYMS LIST 8.1 Eastern Africa Standby Force (EASF) 60 8.2 Economic Community of West African States (ECOWAS) 63 8.3 Southern African Development Community (SADC) 70 8.4 The Inter-Governmental Authority on Development (IGAD) 73 8.5 North African Regional Capability (NARC) 75

9 National Desk Review and Findings 78 9.1 Uganda 78 9.2 Kenya 90 9.3 Côte d’Ivoire 95 9.4 Senegal 107

Annex A: Draft interview guidelines for key informants 123 Annex B: List of interviews conducted 130 Annex C: Status of Ratification of Key International and Regional Instruments 133

NOTES 137 Save the Children Somalia

SAVE THE CHILDREN 7 1 List of Acronyms

ACDS African Chiefs of Defence and Security ACERWC African Committee of Experts on the Rights and Welfare of the Child ACCORD African Centre for the Constructive Resolution of Disputes ACRWC African Charter on the Rights and Welfare of the Child AGA African Governance Architecture AMDS African Ministers of Defence and Security AMISOM African Union Mission in Somalia APRM African Peer Review Mechanism APSA African Peace and Security Architecture APSTA African Peace Support Trainers Association ASF African Standby Force AU African Union AUC African Union Commission AUPO African Union Policy Organ BOI Board of Inquiry CAAC Children and Armed Conflict CCTARC Civilian Casualty Tracking, Analysis and Response Cell CCP Code of Criminal Procedure CDU Capability Development Unit CEWS Continental Early Warning System CIMIC Civil Military Component Comité Intersectoriel National de Protection de l’Enfant – National Inter- CINPE sectorial Committee for Child Protection Commission Nationale des Droits de l’Homme de Côte d’Ivoire – National CNDHCI Human Rights Commission of Côte d’Ivoire CONOPS Concept of Operations CPA Child Protection Advisor CPU Child Protection Unit CTFMR Country Task Force on Monitoring and Reporting CSO Civil Society Organisation DDR Disarmament, Demobilisation and Reintegration DPA Department of Political Affairs DPKO Department of Peacekeeping Operations EAC East African Community EASF East African Standby Force EASFSEC Eastern Africa Standby Force Secretariat

8 SAVE THE CHILDREN 1 ECOWARN ECOWAS Warning and Response Network LIST OF ACRONYMS LIST ECOWAS Economic Community of West African States ECPF ECOWAS’ Conflict Prevention Framework ESF ECOWAS Standby Force FET Female Engagement Team FGM Female Genital Mutilation FOC Full Operational Capability FVRA Field Victims’ Rights Advocates HOM Head of Mission IAPTC International Association of Peacekeeping Training Centres IGAD Inter-Governmental Authority on Development IHL International Humanitarian Law IHRL International Human Rights Law IMOC Integrated Mission Operational Commanders’ Course IMPT Integrated Mission Planning Team IMTF Integrated Mission Task Force IPSTC International Peace Support Training Centre ITF Integrated Task Force ISDSC Inter-State Defence and Security Committee ISPDC Inter-State Politics and Diplomacy Committee KDF Kenya Defence Forces LOGBASE Logistics Base MoU Memorandum of Understanding MRM Monitoring and Reporting Mechanism MSC Mediation and Security Council MSU Mission Support Unit NARC North African Regional Community NGO Non-governmental organisation NHRC National Human Rights Commission OIOS Offce of Internal Oversight Services Opération des Nations Unies en Côte d’Ivoire - United Nations Operation in ONUCI Côte d’Ivoire OPDSC SADC Organ on Politics Defence Security Co-operation PAPS Political Affairs, Peace and Security PDU Policy Development Unit PHRG Protection, Human Rights, and Gender section PLANELM Planning Element PNPE Politique nationale de protection de l’enfant – National Child Protection Policy Politique nationale de protection judiciaire de l’Enfant et de la jeunesse - National PNPJEJ Policy for Judiciary Protection of Children and Youth PoC Protection of Civilians

SAVE THE CHILDREN 9 POU Plans and Operations Division PSC Peace and Security Council PSD Peace and Security Department PSO Peace Support Operation PSOD Peace Support Operations Division R2P Responsibility to Protect REC Regional Economic Community RM Regional Mechanism ROE Rules of Engagement RPTC Regional Peacekeeping Training Centre SADC Southern African Development Community SADC SF Southern African Development Community Standby Force SEA Sexual Exploitation and Abuse SG (UN) Secretary-General SIDA Swedish International Development Cooperation Agency Stratégie Nationale de Protection de l’Enfant – National Child Protection SNPE Strategy SOFA Status of Forces Agreement SOMA Status of Mission Agreement SOP Standard Operating Procedure SRCC Special Representative of the Chairperson of the AU Commission SRSG-CAAC Special Representative of the Secretary-General for Children and Armed Conflict STCDSS Standardised Technical Committee on Defence, Safety and Security STM Specialised Training Materials TAM Technical Assessment Mission MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA ARMED CONFLICT IN MECHANISMS IN ACCOUNTABILITY MAPPING OF CHILD PROTECTION TCC Troop-Contributing Country TTT Troops-to-Task UN United Nations UNCRC United Nations Convention on the Rights of the Child UNCT United Nations Country Team UNOAU United Nations Offce to the African Union UNPOL United Nations Police UNSC United Nations Security Council UNSCR United Nation Security Council Resolution UNSCWG UN Security Council Working Group UNSOM United Nations Assistance Mission in Somalia UPDF Uganda Peoples’ Defence Force VRA Victims’ Rights Advocate

10 SAVE THE CHILDREN 2 Introduction

Save the Children promotes the rights the AU, Regional Mechanisms/Bodies, and Member States. of children in conflicts, post-conflict and protracted political emergency 2.1 Terms of reference for mapping exercise situations. It has been working with In line with its second objective, namely the armed forces in Sub-Saharan Africa institution and monitoring of a functional since 1998 and with the African Union accountability framework on child protection within the African Peace and Security (AU) for the last ten years. It has also Architecture (APSA), Save the Children seeks worked towards strengthening Child to map relevant means of holding actors to account. Thus, alongside its civil society Protection in African Union Peace partners, it would be able to appropriately Support Operations since 2013 with identify and focus interventions. This mapping of accountability mechanisms is to be carried support from the Swedish International out across the following tiers: Development Cooperation Agency (SIDA). a) National mechanisms especially for troop-contributing countries and the role The four key objectives of this work are: of National Human Rights Institutions (Uganda1 and Côte d’Ivoire2 are selected as a) To enhance the commitment and capacity primary countries of interest with Senegal to prevent and respond to violence against and Kenya as secondary targets); girls and boys within the AU Peace and b) Sub-regional mechanisms such as, but not Security Department (AU PSD), Eastern limited to, ECOWAS,3 ESF, East African Africa Standby Force (EASF), ECOWAS Community (EAC), EASF, Southern African Standby Force (ESF), and Member States; Development Community (SADC), North b) To institute and monitor a functional African Regional Community (NARC), Inter- accountability framework on child Governmental Authority on Development protection within the AU PSD, EASF, ESF, and (IGAD), tribunals and special courts; troop-contributing countries; c) Continental mechanisms at the AU4 and c) To increase knowledge, evidence, and Continental Human Rights Institutions; collective understanding of child rights and d) UNSC mechanisms such as the UN Children child protection issues within Peace Support and Armed Conflict (CAAC) Protection Operations (PSOs); Structures, United Nations Secretary- d) To improve participation among girls General (UNSG) Annual Report on CAAC, and boys affected by armed conflict to Monitoring and Reporting Mechanism contribute to decisions and processes of

SAVE THE CHILDREN 11 (MRM), and the United Nations Security • system reforms – International and Council (UNSC) Working Group on CAAC. national legal frameworks ratifed and domesticated; and This work relies on accountability mechanisms • child safeguarding – service defned by Conflict Dynamics International as delivery structures for how children those actions taken to achieve outcomes for are protected and how victims are children by: supported when they need assistance.

a) Imposing legitimate consequences for The mapping phase of this project incorporates perpetrators; the following key activities: b) Assigning responsibility for violations committed; a) Desk research/review; c) Preventing or deterring future violations; b) Consultations with key informants and d) Reconciling and rebuilding traumatised experts on CAAC, international human societies and individuals. rights law (IHRL), and international humanitarian law (IHL); The main objectives of the First Phase of the c) Field consultations during missions and in mapping exercise are to: the development of case studies; and d) Submission and fnalisation of the Mapping a) Provide an analysis of existing accountability Report. mechanisms and their effectiveness, including the structure, functions, and assessment of This document is a result of the completion of child protection-relevant accountability the Mapping Phase of this project as described mechanisms in armed conflict at national, above. Annex A contains the guidelines that regional, continental and international informed the interviews conducted at national levels; and continental levels. b) Describe the current applicable legal and MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA ARMED CONFLICT IN MECHANISMS IN ACCOUNTABILITY MAPPING OF CHILD PROTECTION normative framework, setting out their 2.2 Methodology of the study strengths and weaknesses, and outlining ongoing or planned policy agenda focused Mapping accountability mechanisms for on or relevant to child protection in armed African Troop-Contributing Country (TCC) conflict within the identifed institutions; personnel who violate the rights of children c) Provide exemplary case studies from and adolescents in situations of armed conflict selected countries, institutions or contexts requires a focus across three frameworks: to examine how the accountability mechanisms are operating; 1. laws, structures and mechanisms dealing d) Focus on the following key components of with child protection; accountability: 2. those dealing with peacekeeping (including • legal framework – enforcing laws and policies regarding conduct/discipline norms; accountability for peacekeepers); and • assigning responsibility – structures 3. the convergence of the two in the area in place known for this and who is in of child protection in situations of armed charge; conflict.

12 SAVE THE CHILDREN 2 INTRODUCTION 13 SAVE THE CHILDREN SAVE Limited InterviewsLimited Methodological Limitations Methodological

this reason, this report does not include primary this report this reason, but is instead analysis the regional data for on secondaryreliant data. therefore were unable to provide information information unable to provide were therefore of application disciplinaryabout processes, used in prosecution evidence codes of conduct, during missions. processes and of investigation Senegal for This shortcomingwas remedied 2019, April late In of the project. II Phase during conducted in various sections of interviews were unit located the investigations the armed forces, the Senegalese police, within the Gendarmerie, system justice the from representatives and court). children’s for judge and prosecutor (i.e. per country a breakdown of Annex B provides interviews conducted. though Phase I was meant to include Even RMs, and with RECs level interviewsregional at and ESF within particularly within EAC EASF conducted. not interviewsthese were ECOWAS, to the national and Priority was given has the Children since Save continental levels Troop-Contributing at training providing been advocacy in engaging and Countrylevel (TCC) For respectively. AU, to influence policy at the 2.2.1 2.2.1.1 made to conduct were attempts Whereas entities, interviews with all the above-mentioned and Senegal did not include interviews in Kenya Diffculties the mapping. actors for state key in getting commitment from encountered were some of which interviews, various actors for of peacekeeping in-depth knowledge required did not of actors interviewed that a number interviews were whereas instance, For have. Armed with members of the conducted in Senegal thein work not did representatives these Forces, of militaryarea justice and accountability and s explore existing accountability mechanisms to explore situation in children against violations address of armed conflict. support for children, juvenile justice, as well as well justice, juvenile support children, for Forces. Armed of the representatives as the planned interviews at the project In addition, actors national human rights institutions and key of child in the area within civil society working The aim of these interviews was to protection. continental interview guidelines. continental interview guidelines. the study, In each of the countries selected for with key envisaged in-depth interviews were child on focusing structures government including social assistance and protection, persons in various UN agencies dealing with with persons in various UN agencies dealing and human rights violations and child protection conducted training of peacekeepers who have allocated time and nature the understand to These interviews training. to child protection of national and the development also informed with individuals working in the areas of of in the areas with individuals working peacekeepers, for training resolution, conflict human and peacekeepers, of accountability at national rights prior to conducting research includedThese informants and continental levels. mechanisms, justice system that caters for the for caters that system justice mechanisms, actors society civil of role and children, of rights rights advocacy). in children’s few a review, the literature to In addition conducted interviews informant were key secondary analyses of their implementation, secondary of their implementation, analyses of articlesscholarly nature on the changing training of existing analysis peacekeeping, as secondary as well peacekeepers, materials for mechanisms (i.e. existing national materials on policies and child protection legal framework, these three issues was analysed in relation to to in relation issues was analysed these three (namely regional (AU), continental international, Communities/Regional Economic Regional and national levels Mechanisms (RECs/RMs), Senegal). and d’Ivoire Côte Uganda, Kenya, (i.e. adopted policies andThese documents included A large volume of documents relating to to relating of documents A large volume 2.2.1.2 Nature of data gathered and ascertain justice mechanisms for foreign children relation to Conflict Dynamics who might need to be part of such proceedings framework within the TCCs. Unfortunately, however, there During Phase I of the project, the TORs required has been no evidence of instances where foreign that data be gathered for each of the identifed children have been asked to participate in countries regarding existing accountability such proceedings. Yet, support and assistance mechanisms to assist children subjected to to victims of violations by such peacekeepers violations in situations of armed conflict. It (ranging from reporting of violations, was for this reason that the national-level investigations on alleged violations, psychosocial interviews focused on key entities that play and material assistance to child victims) a role in assisting such children. This is in line largely requires an analysis of accountability with the framework set out by Conflict Dynamics. mechanisms and their effectiveness in those However, there are two key differences in how countries where peacekeepers from identifed this framework has been developed. TCCs are deployed. This aspect has not been incorporated into this project to date and First, if one considers the frameworks developed therefore represents a gap in the fndings. This by Conflict Dynamics for the Democratic gap might be partially explained by the timing Republic of Congo and Colombia, the data of this project. At the time that the project for the development of such frameworks was was conceptualized, UNOCI was active in Côte derived from countries where violations against d’Ivoire. An analysis of national mechanisms children in armed conflict take place. For this in Côte d’Ivoire to support and assist child study, however, the focus was on the TCCs victims of violations in armed conflict could and not the mission countries, where military have yielded important data since at the contingents from Senegal, Côte d’Ivoire, Kenya time peacekeepers from countries, including and Uganda have been deployed and where Senegal, had been deployed in Côte d’Ivoire. This such violations occur. would have led the analysis of accountability mechanisms in both countries (Senegal and MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA ARMED CONFLICT IN MECHANISMS IN ACCOUNTABILITY MAPPING OF CHILD PROTECTION Secondly, the Conflict Dynamics framework has Côte d’Ivoire) to cover both peacekeepers and not been used to focus primarily on the role of child victims. However, by the time the project military peacekeepers, which is the subject of was commissioned, UNOCI had concluded its this project. The focus on these actors brings a mandate in Côte d’Ivoire. complexity that is yet to reflect in theConflict Dynamics approach. Since accountability for the Thus, whilst some of the national-level analysis conduct and performance of peacekeepers is a focuses on mechanisms to enhance child national responsibility and military contingents protection within countries (in relation to have immunity from criminal prosecution in children who experience violence or lack access mission countries, this requires an analysis of to basic services such as health and education), existing mechanisms by troop-contributing it does not provide us with data that is directly countries to hold peacekeepers accountable. relevant to the subject of this study. It does, All the countries selected for this study, except however, show that the role of national troops Uganda, prosecute members of their contingents in peacekeeping missions is not prominent in at home, and it is therefore important to the agenda of national child protection actors.

14 SAVE THE CHILDREN 3 Background to children in armed conflict and peacekeeping in Africa

Despite the broad and rapid acceptance to the sharp increase in abductions coinciding with increased recruitment and use of both of international legal standards to girls and boys in armed conflicts in Africa. She protect children in armed conflict, a highlighted the abduction of over 1,600 children by Al-Shabaab in Somalia, threatening entire significant gap remains between these communities or targeting schools as places for recruitment.8 She also reported the surge standards and their implementation at in violence in the Democratic Republic of the the national level. The most important Congo, whilst Boko Haram in Nigeria and in neighbouring countries continued to attack challenge today is translating both military and civilian targets using children international standards into action that to perpetrate suicide attacks. 9 A worrying trend was the continued use of children, mostly girls, can make a tangible difference on the by Boko Haram as carriers of person-borne ground.6 improvised explosive devices, with 146 cases documented in Nigeria and 57 in Cameroon. The above quote, drawn from the 10-year Grave violations experienced by children were review following Graça Machel’s 1996 ground- also recorded in Save the Children’s War on breaking study on the impact of armed conflict Children Report, which showed that the number on children, is a sobering reminder of the work of children living in a conflict zone increased that remains to be done with regard to children by more than 75% from the early 1990s when in situations of armed conflict. Despite the it numbered 200 million, to more than 357 progress made internationally to adopt legal million children in 2016 – translating into 1 in standards and institute monitoring mechanisms 6 of the world’s children. Africa is the second to hold perpetrators of violations to account, most affected continent, with 1 in 5 children neither conflicts nor violations against children affected by conflict.10 Since 2010 there has also seem to relent in Africa. been a near 300% increase in the number of UN-verifed cases of killing and maiming of Speaking during the Open Debate on Children children.11 These increases are attributed to the and Armed Conflict on 9 July 2018, the Special use of increasingly brutal tactics (exemplifed Representative of the Secretary-General for by the use of children as suicide bombers, the Children and Armed Conflict (SRSG-CAAC), Ms widespread use of indiscriminate weapons Virginia Gamba, expressed her profound shock such as cluster munitions, barrel bombs, and at the increasing number of grave violations improvised explosive devices (IEDs)), and the perpetrated against children during 2017, which changing nature of conflict in terms of duration, totalled over 21,000.7 A breakdown by type of complexity, and intensity.12 The UN Secretary- grave violation is contained in Annex A at the General in 2013 echoed this concern when he end of this report. The SRSG-CAAC referred expressed that:

SAVE THE CHILDREN 15 16 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN conflict situations. Africa remains central for UN in asthefrstlineofdefence inthese changed In Africa, peacekeepers continue tobe called in thecontextandprotection ofchildren. expanding mandatestocaterfor thechange the nature ofpeacekeeping, suchaspossibly violations. These changeshave implicationsfor exchanged for aprice, andsubjecttonew Children have thusbecome commodified, criminal syndicates that target children directly. actors, whoare drivers ofconflict, including ofnew actors,entry many ofthemnon-state The changeinthenature ofconflictincludesthe The absence of clear front lines and The absenceofclearfrontlinesand unprecedented threatstochildren. of armedconflictarecreating “the evolvingcharacterandtactics psychosocial healthofchildren.” and havehadaseriousimpactonthe strikes haveresultedinchildcasualties with armedgroups.Furthermore,drone security detentionforallegedassociation In addition,childrenarebeingheldin and tobeusedformilitarypurposes. affecting girls’educationinparticular, while schoolscontinuetobeattacked, suicide bombersandhumanshields, vulnerable. Childrenarebeingusedas security forceshavemadechildrenmore groups, andcertainmethodsusedby use ofterrortacticsbysomearmed identifiable opponents,theincreasing

adequate skillsisnotenough. As thechoiceof Be thatasitmay, equippingpeacekeepers with changed nature ofconflictandpeacekeeping. inadequate, rushed andunable to respond to the risks to their lives. In many cases, trainingis whilst thatenvironment posesheightened environment tobeableapply goodjudgment, ability to assess risk in a fluid and dynamic peacekeepers, and the including alertness of demands an upgrade of skills on the part budget is spent. than 80% of the UN’s annual peacekeeping UN peacekeepers are located, andwhere more UN peaceoperationsand87%ofalluniformed peace operations. It is in Africa where 62.5% of nature of violationsthattheysuffer, where being targeted, where there is a change in the in situationsofarmedconflict are increasingly Africa. Thus, againstabackdrop where children or contributedtopeacekeeping operationsin individually and/orcollectively have eitherled standby forces by theRECs/RMsthat supported Force (ASF), whichismade upofregional including the building of an African Standby continental peaceandsecurityarchitecture, RMs) have worked towards a coherent Communities/Regional Mechanisms (RECs/ Union (AU) anditsRegionalEconomic operations. Over thepastdecade, the African peacekeepingthat characterizecontemporary of actorswithsplitresponsibilities and oversight for drivingconflict, sotooisthere a multiplicity is anincreased diversity ofactorsresponsible extremely diffculttodobecausejustasthere peacekeeping missionsis, however, proving Drawing theselinesofaccountabilitywithin protect, women particularly andchildren. they respect thecommunities theyare calledto conduct amongstpeacekeepers toensure that to reinforce asenseofintegrityand acodeof commitment to serve, there is an increased need in itsfnancialrewards ratherthandriven by a becoming a peacekeeper is increasingly rooted 14 Participation in these missions in these missions Participation 3 BACKGROUND TO CHILDREN IN ARMED CONFLICT AND PEACEKEEPING IN AFRICA 17 SAVE THE CHILDREN SAVE continental, regional and national levels not not levels and national regional continental, in of children the rights to safeguard only hold to account but also to armed conflict violations against who perpetrate peacekeepers a number also explore The report will children. implementation of suchof gaps that exist in the limit their effectiveness. mechanisms and which below. ndings is provided A summary f of key This report will examine the different types types different the examine will report This enhance accountability of mechanisms to international, at established been have that split responsibilities and oversight and where and where oversight and split responsibilities become increasingly lines of conflict the front clear roles, need for is an urgent there blurred, lines of accountability for and responsibilities AU/RECs, the UN, namely the various actors, on mission. deployed TCCs and personnel there are multiple peacekeeping actors with actors with peacekeeping multiple are there 4 Summary of Key Findings

4.1 International Findings concerning children. It reinforces the need for mandatory pre-deployment training on child There is a large repository of international protection. There is a designation of duties for laws, protocols, guidelines, and principles in CPAs and responsibilities for all components of the areas of children in armed conflict and a mission. It further describes the mechanisms peacekeeping. This is accompanied by a series for reporting violations against children (role of UN bodies set up to specifcally look at these of Force Commander, Head of Mission, etc.). issues and attempt to hold parties to account for such violations (i.e. MRM, SRSG-CAAC and From the research undertaken, the UN has a its Annual Reports, UNSC Working Group, UN defning role in developing the mandate for General Assembly annual debates on children peace operations and whether such operations in armed conflict). There is increasing mention include a specifc child protection focus. UN of mainstreaming child protection issues into structures essentially drive the process of peacekeeping, such as the incorporation of strategic assessment and development of draft Child Protection Advisors (CPAs) in missions; but mission plans which are defnitive in nature there is limited concrete operational guidance and character of the mission, as well as roles on how this is to be carried out. For instance, and responsibilities of the various components the UN’s 2017 Policy on Child Protection of national contingents deployed. In other in Peace Operations devolves a number of words, if child protection is not included as a responsibilities to CPAs and child focal points priority at the mandate-setting stage, chances without providing guidance on how to actualise are that it will not be prioritised as one of the such responsibilities within a mission setting. mission objectives. Therefore, influencing the pre-assessment and the process of mandate International policy is most developed in terms development becomes critical to actualise a of normative and legal frameworks as well as child protection agenda and operational focus experience. There are structures for both child in peace operations. protection and peacekeeping. There is also an architecture to deal with the intersection In operations, the effectiveness of accountability of child protection and peacekeeping – mechanisms is severely compromised when protection of children not only from violations a mission mandate fails to prioritise child committed as a result of armed conflict protection. It is from the mandate that the (MRM mechanism) but also from violations roles and responsibilities of peacekeepers are perpetrated by peacekeepers (troop conduct derived. If the mandate does not defne roles and and accountability) against children. There are responsibilities for peacekeepers in relation to increasing attempts to influence child protection child protection, such responsibilities cannot be standards at the United Nations. One example assigned to them. In turn, if such responsibilities is the recent adoption of the Child Protection are not assigned, it is extremely diffcult to in United Nations Peace Operations Policy hold peacekeepers accountable for failing to (2017), which sets out roles and responsibilities discharge them.

18 SAVE THE CHILDREN 4 SUMMARY OF KEY FINDING 19 SAVE THE CHILDREN SAVE In other words, it became a it became a In other words, 15 up on the global agenda. It could be argued be argued It could the global agenda. up on particularly are violations the of many that is it not high up so why drastic on children, high on being protection Child agenda? the on the by Save the agenda necessitates influencing among these is Key at various levels. Children and abuse (SEA) committed by peacekeepers peacekeepers and abuse (SEA) committed by ‘knee-jerk’ reaction and as an ad hoc and It largely specific complaints. by triggered insofar against children violations extends to to their sexual related as such violations are exploitation and/or abuse. could child protection In thinking about how agenda, international the on up higher move to look at the trajectory of it is informative operational UN’s the influenced SEA how SEA became prominent and policy agendas. 2003, in the humanitarian agenda around the into UN the by investigations following aid workers by sexual exploitation of refugees the in priority a became It Africa. West in translated into was and it political agenda, and mechanisms to enhance structures policies, accountability. the attention it draw political issue that saw a high had SEA community. the international of the UN and every risk for reputational negative countrymember moved it – priority a it as saw Protection of Civilians (PoC) framework. framework. (PoC) of Civilians Protection on c focus is a limited specif there Therefore, objective. as a peacekeeping child protection under PoC, is often subsumed Child protection in or addressed rights, refugee human rights, (i.e. terms of particular children issues affecting Framing of PoC children). refugee child soldiers, to In relation at the moment. is very narrow seen as an external it is only accountability, that troops something out there concern (i.e. internalized being without against), act to need of conduct and behaviour the on focus to as potential perpetrators peacekeepers is this internalized focus At present, themselves. to sexual exploitation limited to issues relating Child protection is recognised as a signifcant is recognised Child protection as feature but it often does not formally problem, it is understood within the broader Instead, such. of children in armed conflict gain increased in armed conflict gain increased of children often salience within mission contexts which are ups and cover denial, secrecy, characterised by TCCs reputation. unwillingness to tarnish a such violations to come forward and report and report such violations to come forward there no complaints, are long as there As them. the accountability measures no triggers for are victims for mechanisms Accessible in. kick to the and witnesses of violations arising from in defence peacekeepers actions or inaction by ne the conduct and discipline expected of of defne the conduct and discipline expected in carrying out their mandates peacekeepers in of civilians, to the protection in relation women such as groups and vulnerable general, lacks there However, in particular. and children, of clear mechanisms to assist potential victims complaints mechanisms that are known and and known complaints mechanisms that are accessible. theory between and practice This disjuncture when one considers the is particularly evident that guidelines and directives arsenal of policies, operational guidelines. It also requires gathering requires also It guidelines. operational to trigger the body of information/complaints Accountability happens of commitments. policy and commitment, is vertical when there and oversight monitoring, guidelines, procedural unlikely to result in a change in conduct and and conduct in change a in result to unlikely – won be must battle political A behaviour. training – for political will and commitments political will and is need for There to be effective. that and for highest level commitment at the into policies and commitment to be translated protection to ensure compliance and respect for for and respect compliance to ensure protection however, armed conflict; in children the rights of that the interventions has shown this research Accountability training. go beyond must training to translate factors for other requires is own its on Training action. tangible into cant focus on training on child on training on child a signifcant focus is There 20 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN effective action to prevent seriousmisconduct UN investigation, isfound tohave failedtotake due toacontingentcommanderwho, aftera money is derived from withholding the payment any memberofUNpeacekeeping missions. This victims ofsexualexploitationandabuseby reserves therighttousemoneyassist contains aprovision indicatingthattheUN abuse. For instance, the UN’s revised MoU namely thatoftheirsexualexploitationand extend toonegrave violationagainstchildren, gambit ofchildprotection imperatives, butonly such gainshave notyetextendedtocover the instruments suchasMoUsandcodesofconduct, and enabledthedevelopment ofspecific against SEAhasgainedsignifcantmomentum Whilst theUN’s drive for ‘zero-tolerance’ both positive andnegative pressure. and regional politicalagendas. Itcouldinvolve child protection in the international, continental issue ofchildprotection, andraisetheprofle of change thenarrative andinjecturgencyonthe at theUNSCand AU HeadsofStatelevels to mechanism for theinformation gathered the Annual Report. There isnoestablished submitted totheSGfor preparation of The datacollectedfrom theMRMisprimarily the CCTARC dataisusedfor. into theSG’s Annual Report, itis notclearwhat report. Whereas theMRMdataisusedtofeed line submissionofacomplaintand/orincident the feld, whereas theCCTARC allows for on- MRM relies on face-to-face data gathering in Analysis andResponseCell(CCTARC). The and AMISOM’S CivilianCasualty Tracking, Mechanism(MRM) Monitoring andReporting children inarmedconflictincludetheUN’s incidences ofviolationsagainstciviliansand Accountability mechanisms that record is therefore repatriated. by membersofitsnationalcontingentandwho situations ofarmedconflict, or for advocacy assist childvictimsofviolationsinsituations establishment ofasimilarmechanismto women, itprovides for the anopportunity SEA by peacekeepers predominantly against Advocate (VRA)wastriggered by theriseof Whilst theinstitutionof Victims’ Rights and stepstaken toaddress them. violations againstchildren inarmedconflict on Statestosubmitinformation regarding Human Rights Council. Instead, it is dependent Committee ontheRightsofChildand human rightsoversight mechanismssuchasthe in relation toviolationsbeusedby other experiences and specifc context of conflicts on The development ofsuchapolicybasedonthe Child Protection operations. in peacesupport stage, no AU equivalenttotheUNPolicy on enhancing this Architecture. There is, atthis forpresents strengthening opportunities and Architecture andthecurrent AU reform process of what could become a Child Protection The African Union has disparate elements 4.2 operations.peace support profle ofchildprotection asakey objective in and cooperation and raise the such partnership the African context to influencetheagendaof This presents for key an opportunity actorsin RECs inthearea ofchildren inarmedconflict. with the building of partnerships AU and the particular, theSRSG-CAAC hasprioritisedthe not only withthe AU butalsowiththeRECs. In desire by theUNtocooperatemore closely should have beenbutthere isanincreasing the UN and AU has not been as robust as it The cooperation and interrelation between are SEA-related. include violationsthatgobeyondthosewhich forefforts the expansion of its mandate to Continental Findings 16

4 SUMMARY OF KEY FINDING 21 SAVE THE CHILDREN SAVE by them to deploy troops. This has led to the troops. them to deploy by peace AU of resourcing using UN increasingly support ensure a conditionality to as operations UN’s (i.e. standards compliance with normative Model and UN Revised Due Diligence Policy AU has thus been laid on the Pressure MoUs). be the standardising and harmonising of an of an and harmonising be the standardising that and systems architecture Warning” “Early mechanisms and integrate existing regional warning early such as the ECOWAS initiatives system. partnership the UN and between The renewed On considerations. key two by is informed AU the in light of criticisms for the UN, hand, the one lack of accountability within its peacekeeping that regional wants to ensure operations, and the RECs/ AU organisations such as the in enabling the UN to pivotal which are RMs, align carry out its peace and security mandate, recently standards the normative to and respect accountability of troops. to ensure developed discipline and conduct This includes not only protection the on policies also but standards, peacekeeping, in of women role the civilians, of AU the hand, other the On protection. child and UN, called on the repeatedly have the RECs and to fndings, Panel the High-Level by informed use its contributions to fund the costs incurred bolster AU efforts and at the very least provide efforts at the very and least provide AU bolster critical primary and baseline data. in the harmonization role a key plays AU The under TCCs and RECs for standards training of is currently This process platform. APSTA the a critical opportunity thus presenting underway, and based on its APSTA of SC as a member for to influence TCCs, with engagement extensive to be adopted on child protection the curriculum by the AU. a more develops AU as the Additionally, to managing conflicts approach preventative would of focus a critical area on the continent, Moreover, Moreover, 18 and information management systems to track and information authority. its under operation PSO of aspects all serve to and documentation would SC research generally and on child protection in particular and on child protection generally of holding and thus facilitate the process AU the Furthermore, perpetrators accountable. need to establish systems of monitoring would documentation process, MRM UN the to akin of the primacy of the role of the AU in planning AU of the of the primacy of the role In light PSOs on the Continent. and executing is meant to lead in the AU the of this shift, between instruments legal of harmonisation TCCs to ensure itself and the RECs and across standards alignment with normative overall doctrine, peace and security protocols and and peace and security protocols doctrine, AU to missions such as other policies related and accountability including vetting TCC SOPs, under currently of which are many mechanisms, in of development or in the process review in view to UN standards to align them order of this notion to incorporate the behaviour of of this notion to incorporate the behaviour and not being whilst on mission, peacekeepers armed civilians from protecting limited to only groups. peace supportown its has operations AU The developed or are in draft form. Guidelines on Guidelines in draft form. are or developed still in draft form, of civilians are protection in 2009. been developed having of is still a gap in the conceptualisation there of civilians in terms of the application protection child protection as a guiding principle in these as a guiding principle child protection albeit subsumed under the broader operations, as As much of civilians. rubric of protection has embraced principles of protection AU the operational protection, of civilians and child yet been not have guidelines and procedures child protection in relation to peacekeepers’ peacekeepers’ to relation in protection child conduct. the has accepted and incorporated AU The being core of civilians as notion of protection It also recognises Support Operations. to Peace the continent would provide the nexus between nexus between the provide would the continent 22 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN of political and legal instruments, procedures There isalackofharmonisationandstreamlining 4.3 disparities itonly materialisedin2017. was scheduledfor 2015butbecauseofthese capacity. The stateofreadiness ofthe ASF to date exhibitdifferent levels of readiness and components are theRECswhosestandby forces (APSA), hasbeenestablished. Itskey operating of the African Peace andSecurity Architecture The African Standby Force (ASF), akey piece of theconflictcontext. but are infusedwiththechallengesandrealities that donotsimply conform toUNstandards, Children toinfluencethedraftingofstandards This, inturn, provides anopeningfor Save the accountability of TCCs undertheirstructures. existing policies and strategies to enhance the set for the AU andRECstodevelop andalign operations.peace support The stage is thus and theRECstoadhere toUNstandards in between the UN and the TCCs as evidenced and responsibility linesare drawn directly In view ofthefactthatcommand, control for theimplementationofMoU. RECs/RMs; andlackofamonitoringsystem operating procedures between the AU and lack of harmonisation of policies/standard complementarity, andcomparative advantage; of theconceptscoordination, subsidiarity, factors: lack of a clear and shared understanding realization of APSA asaresult ofanumber of between the AU andtheRECs/RMsin There is limited implementation of the MoU rapid deployment. children thatcouldhave beenaverted witha delays indeployment can result in violations of and well-coordinated responses. Unnecessary rapid Member States to enable and support and timeframesofthe AU, RECs/RMsand Regional Findings frameworks, equipmentandmanagementof level in terms of mandate. Yet capacityisthemostlimitedatthis equipment required to give effect to the mission as theyprovide thepersonnel, logisticsand the mostpivotal role operations inpeacesupport Troop andpolicecontributingcountriesoccupy future peacekeeping missions. likely tochangeasthe AU isenvisioned to lead has beencompletely bypassed. However, thisis violations against children are held to account standards andensuringthat perpetratorsof monitoring andoversight role inadheringto to an MoU,by the parties the AU’s potential generally mirror thestructure ofthe AU. They the leadofeither AU ortheUN. RECs in theirrespective regions ordeploy under they caneitherleadpeacekeeping operations operations compared to the AU. As RECs the area of implementation of peacekeeping However, theyhave practical experiencein capacity, capabilities andpoliticaldynamics. ASF. in terms of political commitment,They vary RECs are componentofthe themostimportant required. serious consequencesfor failingtoactwhen inform theirbehaviour inthemissionandhave deployment training and preparation and which biases whichare ofthe notchallengedaspart with theirown culturalunderstandingsand protection, isthatpeacekeepers are deployed inrelation tochildand whichisimportant not seemtobeaddressed intheliterature, by self-interest. Further, oneaspectthatdoes and respect humanrightsbutrathermotivated is oftennotrooted inacommitmenttoserve factors in their own countries. Thus, deployment deploying troops perceived tobedestabilising receive income for deployments. Others include which enablescountriesandpeacekeepers to missions. One critical factoristhefnancialone, by various factors to contribute personnel to accountability. Importantly, countries are driven fnancial resources, normative 4 SUMMARY OF KEY FINDING 23 SAVE THE CHILDREN SAVE cantly less in signifcantly resulting abandon the post), at all). penalties (if any severe ratifed and The countries in this study have domesticated most of the major international dealing with the and continental treaties national mechanisms that can translate into into national mechanisms that can translate in involved those who are for repercussions such violations and in prioritizing children’s importance. critical acquire needs protection a number provides environment national The accountability of opportunities to strengthen to particularly as they relate mechanisms, victims who are assisting vulnerable children or witnesses to violations. Enhancing the accountability of military a personnel who commit a violation against without that in challenge unique a presents child as soon as mechanisms to collect information it is likely the violation happens at the mission, from that the perpetrator will be removed but not necessarily the mission (repatriated) the From conduct. his/her for prosecuted interviews countries of conducted in all four of the evidence nature based on the study, perpetrators might not be prosecuted gathered, rape, committed (i.e. the act that they have for (i.e. a lesser offence sexual abuse) but rather for deployed. States must ensure that the training that the training ensure must States deployed. an in grounded is receive peacekeepers human rights of international understanding and child protection law and humanitarian and responsible states are Thirdly, principles. of their discipline and conduct accountable for bear They deployed. whilst contingents national the primary ensuring that for responsibility in violations of the rights of involved forces and investigated are conflict armed in children national mechanisms. held to account through cultural norms and practices In a context where and of children protection militate against the of military the culture and security where transparency, over sectors prioritises secrecy nancial support, the reality is that is reality the support, nancial National Findings that allow missions to happen. Secondly, Secondly, missions to happen. that allow troops that ensure to responsible are they the necessary training prior to being have 4.4 in enabling to play role a pivotal States have the actualization of peace support operations. the personnel and equipment they provide First, that merely remove them from the scene and re- and scene the from them remove merely that This in another mission. them elsewhere deploy monitoring role active a more to require is likely of the changing relationship in view AU the by to peacekeeping. with the UN in relation serious drawback for enhancing accountability enhancing for drawback serious children to relation in peacekeepers amongst could quickly forces to deploy as the imperative ‘ticking TCCs’ malicious compliance (i.e. in result the adoption and standards such with of boxes’) of disciplinary perpetrators against measures Even if the UN pushes the AU/RECs or the or the AU/RECs if the UN pushes the Even as a pre- compliance with standards TCCs for f for requisite TCCs because over the UN has limited leverage TCCs to dependent on the current it is highly This fnding is a on the ground’. ‘boots the supply of the application of these principles and the the of the application of these principles and leading thus of each, and responsibilities roles in the planning and to a lack of coordination implementation of missions. and contributing resources in terms of troops, troops, of terms in resources contributing and relationship The training. and equipment RECs is meant to and the AU the between of subsidiarity, the principles by be governed advantage comparative complementarity and understanding common is no there However, that make them up and are instrumental in instrumental in them up and are that make to deploy lead in deciding whether taking the the RECs take Whether missions. peacekeeping to Forces their Standby the lead or contribute role a key they play or UN-led missions, AU mandate of such operations in influencing the have direct political influence over the TCCs TCCs the over influence political direct have 24 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN as thesesystems exist, itisrare that achildfrom to gatherandgive evidence. However, asmuch Children’s andchild-friendly procedures Courts age.a particular These systemsalsoinclude recognise legal capacity to act only above children inconflictwiththelaw andwhich systems thatcater for thespecial needs of All countriesinthestudyhave juvenile justice coherent implementationoftheplans. mechanisms across various actors to ensure have been experienced with coordination conflict. In Senegal and Côte d’Ivoire challenges address aspects of children in situations of armed is onsocialprotection andtheydonotexplicitly protection ofchildren. However, theemphasis national actionplansandstrategiesfor the All four countriesinthisstudyhave adopted and Senegalisintheprocess ofadoptingone. Children’s Acts, Côte d’Ivoire does not have one, protects human rights. Uganda and Kenya have have constitutionswithaBillofRightsthat protection andrightsofchildren. All countries hearts andmindsofthelocalpopulation.hearts In role animportant inwinningthealso serves peacekeepers andthecivilianpopulation. It trust andaccountabilitytobe builtbetween have public importance. This practice allows for when violationscommittedby itspeacekeepers of deployment sessions in the country court resolution ofthecase. Importantly, Ugandaholds evidence,gathering ofthenecessary andthe the commissionofanoffence by apeacekeeper, tolimit thetime-lagbetweenpractice serves study, Ugandadisciplinesitstroops onsite. This practice isUganda. Unlike othercountriesinthis thatpresents acaseofbestOne country the countriesofstudy. no instances where this has happened in any of in thepeacekeeper’s oforigin. country There are a violationisbrought case totestifyinacourt where peacekeepersa country have committed exist. Instead, Human RightsCommissions are in other countries, this arrangement does not these donotproceed tothecourts. However, monitors casesagainstthemilitary, aslong Côte d’Ivoire, theHumanRightsCommission with establishedcomplaintsmechanisms. In National HumanRightsCommissionsorbodies All countriesinthestudyhave established and children. sharing ofinformation, withwomen particularly communities andallows for interactionand an interfacebetween thepeacekeepers and a Female Engagement Team (FET) thatactsas relation tothelatter, Ugandahasalsoinstituted viewpoint inrelation toexperiences inthefeld, There ofdatafrom isadearth thepeacekeeper’s Senegalese contingents. Points only, whereas noneare designated in the designationofChildProtection Focal study (Uganda and Cote d’Ivoire) mentioned Peacekeepers from two ofthecountries Offcers doesnotseemtobestandardised. The appointmentof(battalion)ChildProtection child-sensitive dataandevidence). (i.e. how toquestionchildren, how togather training for investigators in child protection However, there seemstobenospecialised when theneedarisestoinvestigate aviolation. are sent from national headquarters, as and deployed contingents, whereas inothers, they In some instances, investigators of form part contingents. public), aswell asregular trainingofmilitary (although theprocess isnotopentothe peacekeepers ofacontingent toform part all countriesofstudy, namely vetting of Pre-deployment measures are inplace andnot inanothercountry.country limited todealingwithviolationsthatoccurin 4 SUMMARY OF KEY FINDING

25 Save the Children Somalia Children the Save SAVE THE CHILDREN SAVE to monitor and evaluate training interventions training and evaluate to monitor that will the Ugandan contingents with one of AMISOM. from soon return the each of from peacekeepers Whereas child undergo regular countries of study the Children, Save run by training protection of SOPs been limited development has there peacekeepers once protection child for SOPs Uganda has developed deployed. are Demobilisation and Disarmament, for only Reintegration (DDR). best practice. best practice. of monitoring and evaluation is limited There Save by training interventions of peacekeepers and to child protection in relation the Children underway Attempts are accountability of forces. the manner in which child protection issues issues in which child protection the manner mission). in the feld (i.e. themselves manifest public on limited information is also There missions. in peacekeepers towards perceptions the on information limited is there instance, For as a possible FET initiative impact of Uganda’s training received, relevance of training, and and training, of relevance received, training 5 International Findings

5.1 Introduction armed conflict. Whilst some of these policies address the protection of civilians more broadly, Since the publication of Graça Machel’s report some have begun to specifically address in 1996, signifcant improvements have been children, such as those prohibiting child labour made in the adoption of laws, policies and in peacekeeping operations, or the handover guidelines, predominantly at the international of children separated from armed groups. The and continental levels, to promote and focus next section explores key elements of this on the need for child protection in situations of emerging normative framework as it relates armed conflict. Notably, there has been a swell to the protection of children in armed conflict. of Security Council resolutions dealing with various aspects of children in armed conflicts 5.2 International legal instruments which have led to, amongst others, the creation of the UN Security Council Working Group General instruments (UNSCWG) on Children in Armed Conflict, • The Universal Declaration of Human Rights the Offce of the Special Representative to (1948) the Secretary-General on Children in Armed • The United Nations Charter (1945) Conflict (SRSG-CAAC), and the annual • International Covenant on Civil and publication of the Secretary-General’s (SG’s) Political Rights (1966) and the Human ‘name and shame’ reports on perpetrators of Rights Committee Comment No. 35 grave violations against children. Taking into • International Covenant on Economic, consideration the changing nature of armed Social and Cultural Rights (1966) and conflict, important steps have been taken to the Education, Social and Cultural Rights adopt conventions and rules to control the Committee Comment No. 13 use of small and light weapons and landmines and new international standards (including the International Criminal Law adoption of the ‘cluster’ approach as a holistic response mechanism) to provide humanitarian • Convention against Torture and Other assistance and protection to conflict-related Cruel, Inhuman or Degrading Treatment internally displaced persons. or Punishment (1984) • The Rome Statute of the International Important for our purposes, and triggered by Criminal Court (1998) the recent allegations of sexual exploitation and abuse (SEA) by UN peacekeepers, UN structures International Humanitarian law such as the Department of Peacekeeping • The Geneva Conventions (1949), their two Operations (DPKO) have also taken Additional Protocols (1977) and customary concrete steps to develop policies to uphold international humanitarian law accountability amongst peacekeepers and to • General Assembly Resolution 46/182 affrm UN commitments to mainstreaming the on Strengthening of the coordination of protection of vulnerable groups in situations of

26 SAVE THE CHILDREN 5 INTERNATIONAL FINDINGS 27 SAVE THE CHILDREN SAVE International standards and norms The Paris Principles and Guidelines on The Paris Principles and Guidelines on or Armed Forces associated with Children (2007) Armed Groups Schools and Protecting Guidelines for Armed Military from Use during Universities Conflict (2014) United Nations Protocol against the against the United Nations Protocol in fcking Traf and of Manufacturing Illicit their Parts Components and Firearms, supplementing the Ammunition, and Transnational against UN Convention Organized Crime (2001) Cluster Munitions (2008) on Convention on Certain Conventional Convention (1980) (particularly (CCW) Weapons V) II and Protocol of the Use, the Prohibition on Convention Anti- of Transfer and Production Stockpiling, Mines and on their Destruction Personnel (1997) Treaty”) (“Ottawa (2014) Treaty Arms Trade Children The Paris Commitment to Protect by Use or Recruitment Unlawful from (2007) Armed Groups or Armed Forces Rights of the Child on a Communications Communications a on Child the of Rights (2011) Procedure (ILO) Organization Labour International Age on Minimum 138 (1973) No. Convention Admission to Employment for (ILO) Organization Labour International the (1999) concerning No.182 Convention the for Action Immediate and Prohibition of Child Forms Worst Elimination of the 190 No. and its Recommendation Labour, and Punish Suppress to Prevent, Protocol Women Especially fcking in Persons Traf the United supplementing and Children, Transnational against Nations Convention Organized Crime (2000)

• • Instruments dealing with weapons • • • • • 5.3 • • • • Child Prostitution and Child Pornography and Child Pornography Child Prostitution (2000) on the to the Convention Optional Protocol Comments No. 10, 13 and 14 10, Comments No. on the to the Convention Optional Protocol of Involvement the on Child the of Rights Armed Conflict (2000) in Children on the to the Convention Optional Protocol Rights of the Child on the Sale of Children, (2001) on the Rights of the The Convention and Child Rights Committee Child (1989), Security Council Resolutions 2272 (2016), (2016), 2272 Resolutions Council Security 1353 2086 (2013), 2167 (2014), 2185 (2014), Security Council Resolutions 1265 (1999), (1999), 1265 Resolutions Council Security which also 1674 (2006), 1296 (2000) and children and to women refer explicitly 1998 (2011), 2068 (2012), 2143 (2014), 2225 2143 (2014), 2068 (2012), 1998 (2011), and on children and 2427 (2018) (2015), (2009) and 1960 and 1888 armed conflict; (2010) on sexual violence in armed conflict Security Council Resolutions 1261 (1999), (1999), 1261 Resolutions Council Security (2003), 1460 (2001), 1379 1314 (2001), (2009), 1882 (2005), 1612 1539 (2004), United Nations (1991) United Nations of Status the to Relating Convention UN its 1967 Protocol Refugees (1951) and humanitarian emergency assistance of the of assistance emergency humanitarian • • • Child Protection instruments Child Protection • Security Council Resolutions on UN Security Council Resolutions on UN cooperation operations, peacekeeping TCCs and child protection with • Security Council Resolutions on the Security Council Resolutions on the of civilians protection • Security Council Resolutions relevant Resolutions relevant Security Council in armed conflict to children • International Refugee Law International • 28 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN • • • • • • • • • • • • • • United NationsGuidelinesonJustice Havana Rules”)(1990) of Juveniles Deprived (“ oftheirLiberty United Nations Rules for the Protection (“Beijing Rules”)(1985) for the Administration ofJuvenile Justice United NationsStandard Minimum Rules Education (1999); and UnexplodedOrdnance Awareness International Guidelinesfor Landmine (1998); Guiding PrinciplesonInternalDisplacement (2007); inEmergencySettings Psychosocial Support IASC Guidelines on Mental Health and Sexual Violence inEmergencies, (2005); Focusing onPrevention ofandResponseto inHumanitarianSettingsInterventions UN Guidelinesfor Gender-Based Violence Aspects (2001) Small Arms andLight Weapons in All Its Combat, and Eradicate the Illicit Trade in UN Programme of Action toPrevent, Safe SchoolsDeclaration(2015) Armed Conflict(2013) Violations againstChildren inSituationsof MechanismonGraveand Reporting Global Good Practices Study: Monitoring (2007) United NationsPeacekeeping Operations the ImpactofChildProtection Advisers in DPKO-DFS LessonsLearnedStudyon Operations (2011) Labour in United Nations Peacekeeping DPKO-DFS Policy ontheProhibition ofChild Children (2008) United Nations Approach toJusticefor Guidance NoteoftheSecretary-General: DDR (2006) (IDDRS) -Module5.30onChildren and Demobilization andReintegrationStandards United NationsIntegratedDisarmament, Witnesses ofCrime(2005) in Matters Involving Child Victims and • 5.4 • • • • • • • • • • • • United NationsPolicy onHumanRights (2014) Note on SecurityCouncil Resolution 1998 Protect SchoolsandHospitals: Guidance (2014) Children inSituationsof Armed Conflict Mechanism onGrave Violations against Field Manual: MonitoringandReporting (2014) Children inSituationsof Armed Conflict Mechanism onGrave Violations against Guidelines: MonitoringandReporting Handbook (2014) United NationsForce Headquarters (2015) Civilians inUnitedNationsPeacekeeping DPKO-DFS Policy ontheProtection of by internationalsecurityforces” (2015) serious humanrightsviolationscommitted up obligations in response to allegations of DPKO-DFS Noteon andfollow- “Reporting Functions inPeace Operations(2016) Framework: ConsolidationofProtection Guidance NoteandOperational (2017) Nations Police in the Protection of Civilians DPKO-DFS Guidelines on the Role of United in UnitedNationsPeace Operations(2017) DPKO-DFS-DPA Policy onChildProtection Civilians (2015) The KigaliPrinciplesontheProtection of Africa (2013) totheProtectionpertaining ofCiviliansin Aide Memoire for theconsiderationofissues (ST/SGB/2003/13, 2003) from sexual exploitation and sexual abuse Bulletin, Special measures for protection United NationsSecretary-General’s (2012) Screening ofUnitedNationsPersonnel Other internationalrelated policies andguidelines 5 INTERNATIONAL FINDINGS 29 SAVE THE CHILDREN SAVE

19 (“Malabo Protocol”) and other Related Materials (2006) Control Prevention, the for Protocol Nairobi Lakes in the Great and Reduction of SALW Africa (2004) Region and the Horn of of Firearms, on the Control Protocol and Other Related Materials Ammunition African Development in the Southern (SADC) Region (2001) Community Protection the for Convention Union African Displaced Assistance of Internally and Africa (‘Kampala Convention’) in Persons (2009) Equalityon Gender Declaration Solemn The in Africa (2004) War-Affected on Declaration Accra Africa (2000) West in Children the of Cooperation between Framework Violence on Sexual Special Representative African Union signed on in Conflict and the 31 January 2014 on Amendments to the Protocol on Protocol African Court of Justice the Statute of the and Human Rights adopted on 27 June 2014 c fc the Speci Governing Convention OAU Africa in Refugee Problems Aspects of (1969) the Establishment Relating to Protocol and Security Council of the of the Peace African Union (2002) CharterAfrican on Human to the Protocol Women Rights on the Rights of and Peoples’ (2003) (“The Maputo Protocol”) Africa in CharterAfrican on the Rights and The (1999) African Child of the Welfare Charter (2006) Youth African African West of Community Economic on Small Convention States (ECOWAS) Ammunition their Weapons, Arms and Light • • • • • • • • • • • • • Instruments Continental and Regional Legal and Peoples’ Rights on the Establishment of and Peoples’ CourtAfrican Peoples’ and Human on an Rights (2004) African Union Constitutive Act (2000) African Union Constitutive African Charter on Human and Peoples’ Rights (‘Banjul Charter’) (1981) African Charter on Human to the Protocol DPKO-DFS Policy on mainstreaming the the mainstreaming on Policy DPKO-DFS children of well-being and rights protection, UN within conflict armed by affected Operations (2009) Peacekeeping Measures on the Elimination of Violence Violence the Elimination of on Measures Crime of Field the in Children against and Criminal Justice (2014) Prevention Independent Report of the High-Level Operations Panel on United Nations Peace (‘HIPPO Report’) (2015) United Nations Policy on Integrated on Integrated United Nations Policy Assessment and Planning (2013) Security A Handbook for Child Soldiers: Sector Actors (2013) UN Model Strategies and Practical Policy on Human Rights in Peace Operations on Human Rights in Peace Policy Missions (2011) and Political in Equality Gender on Policy DPKO-DFS Operations (2010) United Nations Peace in Interim SOP on Detention DPKO-DFS Operations (2010) Peace Action Plan (2014) Action Plan InfantryUnited Nations Manual Battalion (2012) on Policy Diligence Due Rights Human Support Nations United Non-United to (2013) Nations Security Forces United Nations Human Rights Up Front Up Front Human Rights United Nations 5.5 • • • • • • • • • • • • • • 6 Key structures for International CAAC Accountability

6.1 Background subsumed under the rubric of ‘protection of civilians’, there has been increasing recognition Over the last decade, awareness of the need that the security and development pillars of the to protect children caught up in violence and UN system need to be interlinked and mutually insecurity has increased markedly not only reinforcing in order to achieve progress in across UN agencies but also among UN each. A number of key developments can be member states. This increased awareness highlighted as contributing to this raised is attributed to the publishing of the first awareness across the UN. independent study on the impact of armed conflict on children led by Graça Machel The establishment of the International Criminal in 1996. The Machel Report was the first Court (ICC) in 1998 has served to address comprehensive human rights, humanitarian and impunity on violations against children that security assessment of war-affected children, constitute war crimes, crimes against humanity, using the UN Convention on the Rights of the and genocide. Politically, besides establishing Child (UNCRC) as a framework for analysis. the ICC, UN member states adopted the The effectiveness of existing international Responsibility to Protect (R2P) principle at the protection standards was analysed, paying September 2005 World Summit. Thus the UN particular attention to children associated acknowledged collective responsibility to use with armed forces and armed groups, refugee diplomatic, humanitarian and other means to and internally displaced children, landmines, protect populations from war crimes, ethnic sanctions and the psychological, physical cleansing, and crimes against humanity. In this and psychosocial consequences of conflict. regard, UNSCR 1674 was an attempt to codify This landmark report has led to many of the R2P, even if its language requires strengthening developments to enhance the international child to enable states to be held to account. protection framework. In particular, the Offce of the Special Representative of the Secretary- The establishment of the UN Human Rights General for Children and Armed Conflict Council in 2006 was aimed at providing stronger (SRSG-CAAC) was set up in 1997 on the back human rights monitoring and the inclusion of of a General Assembly resolution tasked with children’s issues when dealing with country- producing an annual report to the SG and the specifc and thematic human rights concerns. Security Council on the situation for children This is still work in progress – ensuring that in armed conflict. there is collation of information on CAAC from various entities and agencies (such as UNICEF, This increased awareness on child protection and SRSG-CAAC) in the consideration of can also be attributed to the links between the reports by the Council. ‘protection of civilians’ and threats to peace and security that have been forged since the Since October 2000, the protection of late 1990s. Whilst children have often been women and girls from gender-based violence,

30 SAVE THE CHILDREN 6 KEY STRUCTURES FOR INTERNATIONAL CAAC ACCOUNTABILITY 31 which which Impact

20 SAVE THE CHILDREN SAVE Secretary-General for Children and Armed Conflict Special Representative of the The role of the SRSG-CAAC is to strengthen the is to strengthen of the SRSG-CAAC The role armed conflict, by affected of children protection of collection the promote awareness, raise affected about the plight of children information international cooperation and foster war, by The SRSG-CAAC their protection. improve to assistance - and UNDP (particularly post- UNDP in and - assistance highlight The sections below conflict situations). on a bearing that have UN structures the key in violations against children accounting for armed conflict. 6.2 the of The Offce of the Special Representative Armed and Children Secretary-General for serves set up in 1997, Conflict (SRSG-CAAC), the protection for as the leading UN advocate armed by affected of children and well-being by a General created Its mandate was conflict. following (A/RES/51/77) Resolution Assembly 1996 the publication of Graça Machel’s report, Conflict on Children Armed of impact of war highlighted the disproportionate and identifed them as its primaryon children victims. UNICEF leads the child protection sub-focus sub-focus protection child the leads UNICEF to bring thus helping within the cluster, area in children affecting matters to focus increased armed conflict. international actors numerous are There the international legal that aim to effect of children the area that govern frameworks would list A non-exhaustive in armed conflict. UN Security the as such bodies key include the DPKO, UNICEF, SRSG-CAAC, the Council, OHCHR, Affairs (DPA), Department Political of Standing the Inter-Agency OCHA, UNHCR, primary the as - (IASC) Committee mechanism in humanitarian cooperation inter-agency for UNHCR has been appointed the head of the the of head the appointed been has UNHCR to on the role cluster and taken protection displaced persons (IDPs), internally protect On the humanitarian side, UNICEF has shifted On the humanitarian side, a critical and plays to child protection its focus the for in the gathering of information role Monitoring and Reporting (MRM) Mechanism Whilst as will be discussed further below. out of such violations, the rise in the reporting the rise in the reporting out of such violations, to need has emphasised the SEA violations of all aspects across child protection mainstream violations any condemn and operations of peace in armed conflict. against children of peacekeepers, the vetting and recruitment and recruitment the vetting of peacekeepers, as well missions, peacekeeping of personnel for as UN support non-UN entities complicit for Whilst violations. these of commission the in on support focused largely these policies have born children and victims, and child women for prominence in light of involvement of of involvement of light in prominence and in sexual exploitation forces peacekeeping The latter has acted as a trigger for abuse (SEA). a plethora of UN entities and agencies to develop Victims’ (such as the structures policies and new the conduct to govern (VRA)) Advocate Rights and security. It urges all actors to increase It urges all actors to increase and security. participation gender incorporate and women’s in all UN peace and security efforts. perspectives has also gained on women focus The above prevention and resolution of conflicts, peace peace conflicts, of resolution and prevention peacekeeping, building, peace negotiations, and in post-conflict humanitarian response, the importance It stresses of reconstruction. participation equal their involvement full and peace in all efforts to maintain and promote abuse in situations of situations of armed of armed situations of situations abuse in been heightened through also conflict have peace women, of UNSCR 1325 on the passing presidential subsequent three and security, The and Security Council debates. statements, in the of women frms the role reaf resolution particularly rape and other forms of sexual of sexual particularly and other forms rape 32 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN on Children and Armed Conflict. conflict tobelistedintheSG’s annual reports triggers for to a state and non-state parties The top five violations listed above act as • • • • • • of conflict, namely: six grave violationsaffecting children intimes The work oftheSRSG-CAAC hasbeen on the plans. through thedevelopment oftime-boundaction- violations ofchildren’s rightsinarmedconflict to secure commitmentsfrom themtoend (Stateandnon-Stateactors) offending parties UN agencies, the SRSG-CAAC engages with armed conflict. Incollaborationwithother and convener onissuesrelated tochildren and engages inadvocacy andactsasamoralvoice were adopted, namely: UNSCR 1261(1999) subject. Thereafter, anumber ofresolutions since 1998whenithelditsfrstdebateonthe to theissueofchildren andarmedconflict The SecurityCouncil(SC)hasdevoted attention 6.3 Conflict. and Armed CAAC totheSC Working Group onChildren It also introduces the SG’s annual reports on to secure politicalanddiplomaticengagement. urgency amongstkey decisionmakers aswell as and relevant governments tomaintainasenseof political bodies, such as the UN Security Council raises challengesfacedby children inwarto Assembly andtheHumanRightsCouncil The SRSG-CAAC yearly reports totheGeneral Denial ofhumanitarianaccess. Abduction ofchildren; and Attacks onschoolsandhospitals Sexual violenceagainstchildren Killing andmaimingofchildren Recruitment anduseofchildren UN SecurityCouncil timely, accurateandreliable information not mechanismtoprovidemonitoring andreporting SG todevise asystematicandcomprehensive and UNSCR1612(2005)whichrequested the in theSC’s adoptionofUNSCR1539(2004) This callfor concrete actionwasreaffrmed time-bound actionplanstoendthispractice). recruited orusedchildren todevelop clearand that SGtobegindialoguewithparties supported or usechildren); andUNSCR1460(2003)(SC (SC requested thatrecruit theSGtolistparties civilians, including children); UNSCR 1379 (2001) and security); UNSCR1314(2000)(targetingof report on CAAC as an issue affecting peace (resolution thatrequested theSGtosubmita as outlinedinSCR1612(thefocused approach). Mechanism (MRM),Monitoring andReporting mainstreaming approach) andthrough the Security Council reports and resolutions (the in two ways: by featuring more centrally in children’s issueshave gainedprominence Since thecreation oftheabove mechanisms, affected by armedconflict. measures topromote theprotection ofchildren and make recommendations tothe Council on situations Mechanismoncountry and Reporting review information provided by theMonitoring Group on Children and Armed Conflict to children and the creation ofthe SC’s Working (MRM) to collect information committed against Mechanism of theMonitoringandReporting UNSCR 1612alsoendorsedtheestablishment and graduatedsanctionsagainstsuchparties. which theSCwould considerimposingtargeted action planstoaddress theviolations, failing listed intheSG’s reportstodevelop concrete These resolutions alsocalledontheparties against children affected by armedconflict. but alsootherviolationsandabusescommitted only ontherecruitment anduseofchildren, 6 KEY STRUCTURES FOR INTERNATIONAL CAAC ACCOUNTABILITY 33 SAVE THE CHILDREN SAVE The cooperation 23

22 Mechanism (MRM) Monitoring and Reporting Monitoring and Reporting responses at the appropriate level, and informs and informs level, at the appropriate responses children. that protect policy and programmes The implementation of the MRM is automatically Annex in in all situations covered triggered of the SG on CAAC. report I to the annual and agencies, international and local NGOs, NGOs, international and local and agencies, communities. and affected range of actors is an ‘buy-in’ of this broad and value’ of ‘added and an important prerequisite the MRM. for The purpose of the MRM is to provide timely, the systematic gathering of accurate, on grave information and reliable objective in violations committed against children well as in other as situations of armed conflict, the by as determined concern of situations the basis to foster forms Such information SG. the accountability and compliance of parties child protection conflict with international to and should lead to well- and norms, standards and advocacy concerted and effective informed, It children. for and care protect to responses Nations United the to information provides Children on Group Working Council Security facilitates Armed Conflict (UNSCWG), and triggers sharing, and information analysis “developments and concerns” following every every following concerns” and “developments In the report. in the body of the situation an into divided is annex each format, revised not put parties listing that have “A” section, during the reporting period in place measures “B” section, and a the violations, to address put in place some such listing parties that have measures. 6.5 that was formally process The MRM is a UN-led of circle a broad established in 2014 and involves including the UN Security Council, stakeholders, departments UN various governments, national 21 Reports on Children and Armed on Children and Reports Conflict Secretary-General’s Annual Annual Secretary-General’s Antonio Guterres decided to revise the format format the revise to decided Guterres Antonio preventive to include a more of the report section on in a new which is reflected aspect, killing, maiming and carrying out of attacks carrying and maiming attacks of out killing, out Yemen, against schools and hospitals in defund UN that some countries would of fear programmes. SG the current concerns, the above address To war in Gaza in 2014, which left more than 500 left more which war in Gaza in 2014, from away fcials backed UN of dead, children on the Forces mentioning the Israeli Defence a SG removed the UN in 2016, Similarly, list. for Arabia responsible Saudi coalition led by There have been concerns about the the about concerns been have There of independence of the SG to enter names In ‘list of shame’. parties to a conflict in the that events to commentators point particular, was took place in 2015 and 2016 when the list the Following under political pressure. altered violations against children. UN Annual ReportsAnnual UN violations against children. Armed Conflict (UN and of the SG on Children SG using the by released are reports) CAAC in children for situation the assess to MRM the violations’. ‘grave six conflicts through the SC’s engagement on CAAC. the SC’s the Security the years, over As mentioned earlier, Annex Council has mandated the SG to list in an state and non-state parties report, to his annual of grave number a who commit conflict to Council since 2000. The main purpose of the the of main purpose The Council since 2000. member of attention the focus to is report children against violations grave on states SG’s The and on the parties commit them. who basis of report serves as the substantive annual The SG has presented an annual report on the an annual The SG has presented General to the UN global situation of CAAC and to the Security 1998, since Assembly 6.4 34 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN party operates,party for monitoring and reporting inwhichthe be establishedfor thecountry hasbeen listed,Once a party an MRMmust 3. 2. 1. among themiscritical: and effective coordination andinformation flow The MRMoperatesatthree principallevels, formal MRMprocess. government for theimplementationof UN isexpectedtoconsultwiththenational For situationsthatfallunder Annex II, the entities) inorder tonegotiate, develop and conflict (whichmay bestateornon-state to entering into dialogue with listed parties The CTFMRco-chairsare responsible for on the situationofchildren and armed conflict. reportsoftheSG CAAC andseparatecountry provide inputs into the SG’s annual report on its reportstotheSRSGCAAC, anditsfndings Humanitarian Coordinator. The CTFMRsends normally anSRSG, aResidentCoordinator, or the highestUNrepresentative – in thecountry The Task Force isco-chaired by UNICEFand applicable), UNagencies, andrelevant NGOs. mechanism, consistingof the UNMission(where (CTFMR) is established to overseeReporting the a Country Task Force onMonitoringand each instancewhere theMRMisactivated, inthatcontext.on violationsby allparties In entities for action. Council may alsorefer information toother international standards. The Security and actions to ensure compliance with Security Council: reports, andadvocacy; information integration, preparation of UN Headquarters: programming response; preparation ofreports, andadvocacy and gathering, analysis andverification, In-country coordination: 24

Review ofinformation Policy andguidance, Information of theviolationsby theSC. back phaseswhichlimitson-goingmonitoring between gathering of information and report during thedatagatheringphase, andtimedelay local andinternationalchildprotection NGOs affecting children, limitedengagementwith its limitedfocus onthesixgrave violations Criticisms oftheMRMmechanisminclude SRSG-CAAC. of UNICEFHQandtheOffceof support The CTFMRnegotiates Action Planswiththe against children for whichthey are listed. benchmarks toendandprevent theviolations implement time-bound Action Plan(s), withclear • • • • the MRMinclude: relevanceThe treaty bodiesofparticular to violations of children’s rights in armed conflict. toraiseconcernsrelatingopportunity to when relevant, astheyprovide avaluable be incorporated into reviews by treaty bodies, Children and Armed Conflict, this data should to theSRSG-CAAC andtheUNSCWGon the CTFMRisaimedatproviding information Importantly, andconsideringthatthework of Women. the EliminationofDiscrimination Against implementation of the Convention on Against Women:Discrimination Monitors Committee on the Elimination of Degrading Treatment; Torture or Other Cruel, Inhuman or implementation oftheConvention Against Against Torture:Committee Monitors Covenant onCivilandPolitical Rights; implementation oftheInternational Human RightsCommittee: Monitors its three optionalprotocols; Monitors implementationoftheCRCand Committee ontheRightsofChild: 25

6 KEY STRUCTURES FOR INTERNATIONAL CAAC ACCOUNTABILITY 35 SAVE THE CHILDREN SAVE Conflict Group on Children and Armed UN Security Council Working conflict, including through recommendations including through conflict, peacekeeping mandates for on appropriate with respect missions and recommendations and to parties to the conflict; to other bodies within requests address action to support the UN system for review the reports of the MRM; review and in the development progress review of adoption plans, action of implementation tools and mechanisms to prevent legislation, and to hold perpetrators violations, future accountable; to the Council recommendations make the promote to measures possible on armed by affected of children protection 27 • As described earlier, this Working Group was Group Working this As described earlier, (2005) established pursuant to UNSCR 1612 reports on violations against children to review parties by committed conflict armed by affected report to the SG’s listed in the annexes that are SCthe of members 15 all comprises It CAAC. on Notably, consensus. its decisions by and makes agenda has a no other theme on the SC’s it. to address devoted specifcally group working is Group Working mandate of the The overall to: • • • c functions, fc functions, MRM-speci above to the In addition the CTFMR co-chairs earlier, as mentioned parties dialogue with listed enter into and action plans. and implement develop negotiate, has often UNICEF plans, action the Within itself or as part by of the specifc responsibilities supporting particularly for programme CTFMR, monitoring for also but children for response party. the of compliance and implementation the either a signatory UNICEF is to Importantly, in certain high political risk Action Plans or, signs as a witness. situations, 6.7 . Global Horizontal Notes (UNICEF) United Nations Children’s Fund Children’s United Nations Children and Armed Conflict (CAAC); Armed Conflict (CAAC); and Children and and Security (WPS); Peace Women, of Civilians (PoC). Protection CAAC, and quarterly to the SCWG reports CAAC, called on CAAC, Contribute and often lead the in-country to the OSRSG-CAAC. drafting of reports ReportAnnual the SG’s These reports are SG’s to the Security Council on CAAC, country-specific on SC the to reports the work of UNICEF staff in countrythe work offces violations, in the monitoring of grave capacity management, information partner of organizations, development and recruitment advocacy, programming, of specialized staff and raising resources; assessment regarding the operation of the assessment regarding of a strategy for the preparation MRM, it based on and updates to mitigation risk at changes in the operational environment the onset of the MRM; through Support MRM, the operation of the Establish the CTFMR and co-chair its its Establish the CTFMR and co-chair meetings; in organizing a risk a lead role Play

• • preparing and clearing products related to the related and clearing products preparing for and establishing a response agenda, CAAC to: They are children. affected • • UNICEF is a key partner in MRM implementation. partner in MRM implementation. UNICEF is a key as co-chair of the The UNICEF Representative, in responsibilities of key has a number CTFMR, of the MRM, the work terms of coordinating There are three thematic areas that form the the that form thematic areas three are There of this mandate: core 1. 2. 3. UNICEF, as the leading agency for the protection protection the for agency leading the as UNICEF, its through role key a plays rights, of children’s impact the from civilians protect to mandate and children. women of conflict – particularly 6.6 36 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN other international, regional, national and local toconsistent work efforts with the ICC and armed conflict. a sanctionscommitteefor children and on theCAAC agenda, includingestablishing to impose sanctions in all situations of concern have calledfor theSCtoestablishmechanisms toaconflict.and complianceby parties Some use targetedmeasures toensure accountability The SChasbeencriticizedfor itsreluctance to and otherrelevant actors. conflict, MemberStates, theUNsystem, donors may to containrecommendations toparties document of the Security Council and which adopts Conclusions that are issued as an of is presented by UNICEF. The Working Group feld through aGlobalHorizontalNotewhich updates from theSRSG-CAAC andfrom the reports, the Working Group regularly receives In addition toreviewing theSG’s annual conclusions. The Committeecouldalsorequest considered to discuss the implementationofthe invite representatives from thestatebeing it couldbeusefulfor the Working Group to for theadoptionofconclusions. Nonetheless, frst time, honouritstwo-month timeframe the Working Group has been able to, for the Since Sweden took over as Chair in 2017, schools andhospitals, oronabductions. the absenceofany actionplansonattacks through the MRM. specifc situationduetodelays indatagathering signifcant gapbetween reportsonacountry- to difficultiesinfindingconsensus, andthe Working Group’s issuanceofconclusionsdue Additional concernsincludethedelay inthe perpetrators. justice mechanisms to ensure accountability of within theirrespective mandates. implementation ofUNSCR1612(2005) 29

28 Othershave calledfor more 30 Another concern has been f cial cial General Assembly approved athird Optional pornography. On19December2011, theUN the saleofchildren, childprostitution andchild of children inarmedconflict(OPAC), andon Protocols totheConvention, on involvement also monitorsimplementationoftwo Optional Rights oftheChild(UNCRC)by Stateparties. It implementation oftheUNConvention onthe thatmonitors is abodyof18independentexperts The CommitteeontheRightsofChild(CRC) 6.8 engagedinviolations.specifc parties for short, follow-up reportstoputpressure on six grave violations againstchildren inarmed the CRCinassessingaccountability onthe violations withthistreaty bodytoempower should regularly share information ongrave Country Task Forces for MRMimplementation of theUNCRCandthatSRSG-CAAC, existence ofsomeoverlap between themandate and appearanceofstatesbefore theCRCand up reports. Consideringtheregular reporting effectively inorder positively toreport infollow the Convention andtheOPAC more rapidly and provides an incentive for statestoimplement explainthatthisprocessSome observers government ofthestateunderconsideration. CRC members and representatives of the This process alsoinvolves adialoguebetween intheform ofconcludingobservations.Party its concernsandrecommendations totheState The CRCexamineseachreport andaddresses implementing theConvention andtheOPAC. to the CRC detailing progress made towards must submitregularAll StateParties reports It entered intoforce in April 2014. Convention and its on specifc violations of their rights under the allows individual children tosubmitcomplaints Protocol onacommunications procedure, which UN CommitteeontheRightsof the Child frst two optionalprotocols. 6 KEY STRUCTURES FOR INTERNATIONAL CAAC ACCOUNTABILITY 37 SAVE THE CHILDREN SAVE Operations (DPKO) UN Department of Peacekeeping eld operations. Lastly, it urged them to to them urged it Lastly, feld operations. Take appropriate steps to investigate SEA steps to investigate appropriate Take Hold perpetrators accountable; is credible Repatriate units when there on Report and promptly to the UN fully Deliver robust SEA pre-deployment training pre-deployment SEA robust Deliver memoranda of understanding and other other and understanding of memoranda with the UN; agreements allegations; or systemic SEA by of widespread evidence and those units; actions undertaken. in accordance with the terms of their with the terms of their in accordance

nancial contributors, and parties and conflict the to contributors, nancial in the implementation of Security Council in the implementation of Security Council aspect key one report, this For mandates. on cooperation from is its reliance of DPKO Troop-Contributing as potential Member States, Contributing Countries (TCCs) and Police to carry out its mandate. Countries (PCCs), (b) (c) (d) (e) 6.10 The UN DepartmentPeacekeeping of in is a critical player Operations (DPKO) that frameworks the normative developing and conduct mandate scope, the nature, govern political provides DPKO of peace operations. peacekeeping to UN direction executive and and maintains the world operations around and troop contact with the Security Council, f of child protection staff in their peacekeeping peacekeeping staff in their of child protection and within mechanisms protection establish child the through including their secretariats, points. focal protection appointment of child in particular civilians, that ensure to 2016, In any from protected are and children, women Working this or exploitation, of abuse form Resolution 2272 urging all issued Group forces non-UN Member States deploying mandate to: authorised under a SC (a)

31 Group on Peacekeeping Operations UN Security Council Working development and expansion of guidelines to and expansion of guidelines to development asconflict armed by affected children protect and the inclusion as the training of personnel well It also encouraged regional and sub-regional and sub-regional It also encouraged regional to help address organisations and arrangements on conflict armed of impact widespread the of the mainstreaming to continue children, policies, advocacy, their into protection child the and mission planning, programmes sector reform, post-conflict reconstruction, reconstruction, post-conflict reform, sector protection the and security and peace women, as well including child protection, of civilians, sexual to, and response of, the prevention as violence in armed conflicts. and gender-based improve cooperation between the Council and between cooperation improve countries (TCCs). troop-contributing support for Resolution 2167 (2014) expressed guidance and policy, efforts to develop AU’s the of security in particular areas in the training, The UNSCWG on Peacekeeping Operations Operations The UNSCWG on Peacekeeping of the was established pursuant to a decision Security Council contained in a statement (S/PRST/2001/3) made at the its President by Since meeting on 31 January 2001. Council’s has sought to Group Working the its creation, 6.9 CAAC, “to include, as appropriate, specific specific as appropriate, “to include, CAAC, violations on grave to information references legal on gaps in the applicable against children, on accountability and policy frameworks, and those to submissions own their in initiatives, bodies.” welcomed the continued attention to both both attention to continued the welcomed impact to the related and challenges progress reports the in conflict on children of armed of States parties CRC and the Human to the all Member States, She urged Rights Committee. Reports Annual on SG the in listed are who conflict. In this regard, recently the SRSG-CAAC the SRSG-CAAC recently regard, In this conflict. 38 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN feld areitoutfor themselves.” lefttosort undertake POC-related tasks, thenthoseinthe about thecapabilitiesmissionrequires to whom, from what, andwithinwhatlimits, and (including child protection), willbeoffered to or unclearaboutwhatkindsof ‘protection’, have argued, “if theplanningprocess issilent adoption of achild protection focus. As they planning process is critical in relation to the mission. As somecommentatorshave noted, the and responsibilities ofeachcomponentthe the UNplanningprocess establishestheroles Council authorisationofapeaceoperation, operations. Bothbefore andafterSecurity assessments that precede peacekeeping of the (SRSG), Secretary-General prepares and assistedby theSpecialRepresentative States. The UNSecretariat, headedby theSG Secretariat andthecontributionsofMember into feldmissionsby oftheUN theefforts UN SecurityCouncilmandatesare translated 6.10.1 and key assumptions around which subsequent by theIMTFidentifying strategicobjectives issues aStrategicPlanningDirective prepared Force (IMTF) and reports to DPKO. case, the ITF becomes anIntegrated Mission Task peacekeeping orspecialpoliticalmission. Inthis may decidetorecommend deployment ofa Based on the strategic assessment, the SG UN involvement. planning assumptions, andfactorsthatshape strategies andscenariosfor theUNrole, key for theUNinagiven country, thealternative exists, outlinespossiblestrategicobjectives United NationsCountry Team (UNCT)ifone andagencies,UN departments aswell asthe Political Affairs, withrepresentatives ofrelevant Task Force (ITF), of ledby theDepartment strategic assessment, produced by an Integrated Security Councilauthorisationfor amission. A Planning assumptions take shape well before Translation ofSecurity field mission Council mandateintoa 33

34 The SG The 32 Security Council. report is the basis for the SG’s report to the role ofeachmissioncomponent. The TAM and broad operationalconceptoutliningthe and proposing amandate, missionstructure, issues areportoutliningtheconflictsituation in a revised Draft Mission Plan, and the TAM NGOs, amongstothers. conflict-affected populations, civilsociety, and host state, humanitarianactors, theUNCT, totheconflict,with parties offcialsfrom the region assessingtheconditionsandconsulting which generally spendsuptotwo weeks inthe work ofa Technical Assessment Mission(TAM), generates aDraftMissionPlantoinform the mission planning is shaped. in the mission strategy, as a basis and serves component willplaythe role thatthemilitary It lays outthebasicforce structure, describes resourcesits military to achieve itsobjectives. CONOPS sets out how a mission will apply and the Troops-to-Task (TTT)analysis. conceptofoperations(CONOPS) military stage. DPKO develops two key documents: the component beginsattheDraftMissionPlan mandate intoconcrete plansfor themilitary protection of civilians, translating aPOC planningfor theIn relation tomilitary planning.compared tomilitary has extremely limitedcivilianplanningcapacity child protection) remains largely ad hoc. DPKO components ofpeacekeeping missions(including planning process, planningfor thecivilian have always beencentraltothepeacekeeping andpoliticalcomponents While themilitary the mission. roleand theIMPTplay inshaping theprimary planning from theIMTF. Henceforth, theSRSG Mission Planning Team (IMPT)thattakes over leading the mission, together with an Integrated resolution, the SRSG leads in shaping and Following passageoftheSecurityCouncil the planningprocess. a peacekeeping missionisamajormilestonein 38

37 The Council’s mandate for 36 This process results 35 The IMTF The 39 The 6 KEY STRUCTURES FOR INTERNATIONAL CAAC ACCOUNTABILITY 39 SAVE THE CHILDREN SAVE 46 The UN developed a model The UN developed 47 which still applies today and which still applies today 48 Status of Forces Agreement Agreement Status of Forces and Status of Mission (SOFA) (SOMA) Agreement the planning and conduct the planning and of missions Key documents involved in involved documents Key which shapes the mission mandate and and the mission mandate which shapes document; in its core structure all shapes which militarythe CONOPS, from the militaryaspects of component, and to logistics to ROE; resources as a means to ensure TCCs, the briefngs to the mission are to the contingents deployed to implement the and prepared willing, able, POC mandate. for long periods, without the adoption of a without the adoption of a long periods, for that is specifc to a Agreement Status of Forces as a Status also known mission, peacekeeping (SOMA). Agreement of Mission conduct of operations and of the military, conduct of operations and of the military, up a that make police and civilian components, gathered, the research From particularmission. and AU continental organisations such as the organisations such as ECOWAS regional toto, in adopt not if heavily, borrow EAC and to frameworks these normative of many from AU-led govern or AU-authorised peacekeeping sections the following of this, In view missions. frameworks. highlight some of these key 6.10.2.1 (SOFA) Agreement The Status of Forces negotiated the UN and the host state, between ArticleCharter, the UN 43 of with in accordance privileges conduct, of codes status, the defnes military of immunities jurisdictional and and civilian personnel. in 1990, SOFA but it has which is intended to be provisional come to constitute the binding legal document • • 6.10.2 frameworks, normative implements key DPKO the policies and guidelines that govern rules,

45 Thereafter, negotiations with negotiations Thereafter, 44 the TAM Report, which checks draft plans Report, TAM the on the ground; against the realities Report Council, to the Security the SG’s the Strategic Assessment, where planning planning where Assessment, the Strategic begins; which forms Planning Directive, USG’s the the strategic objectives the bridge from subsequent to SG the by identified operational planning; The mission mandate and the CONOPS mandate and the CONOPS The mission Lastly, the CONOPS serves to develop the the the CONOPS serves to develop Lastly, • • • • In view of the above, commentators have have commentators above, the of view In identifed critical stages at which the protection a child specifically and more of civilians, the in integrated be should mandate, protection namely: missions, assessment and planning for planning proceeds. TCCs visit the mission area visit the mission area TCCs planning proceeds. and of operations to assess the environment the their ability to undertake it could affect how The intention is the mission. tasks identifed for issues outstanding consensus on any to forge this process. through 43 and size the identify which Requirements, Force armament, capabilities (including equipment, and lists tasks etc.) that each unit needs, expected of it. agrees, TCC and if a TCCs begin, potential mission statement for the military component. the militarymission statement for component. 42 the Rules of Engagement (ROE), also inform what for and much, how when, govern which the military force reasons use component may in carrying out its mandate or self-defence. capabilities needed to supportcapabilities needed the CONOPS the mission mandate. thus, and, available makes DPKO Based on the CONOPS, the describing TCCs to potential documents and the the mission concept, conflict situation, The TTT analysis helps develop the proposed the proposed helps develop TTT analysis The of the military size component of structure, and type, number, the as well as mission, the carry needed to out capabilities of the troops documents shape the These two defned tasks. out the unit that lay requirements force formal for tactical planning once the mission deploys. tactical planning for 40 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN have notedthatlegalprovisions relating to legitimate. acting in situations where force would have been or policestaffexposed, orprevent themfrom of themodelSOFA, whichcouldleave military relation totheuseofforce andthe application SOFA. Linked tothis, there in are shortcomings adequately addressed underthecurrent model mission staffconstituteonearea thatisnot and protection ofUNpeacekeepers andcivilian violent peacekeeping environments, thesafety rising attacksonUNpersonnelandmore development projects. Moreover, inview of reforms andlong-termstabilization human rights to rule of law, security sector include tasksrangingfrom thepromotion of mandates have alsoexpandeddramatically to situations. The complexityandrangeofmission greater spectrumofforce inagreater number of they are alsoincreasingly authorisedtousea operations are more large-scalethanever, and considering that currently peacekeeping reliance ona ‘standard’ agreement isproblematic As some commentators have pointed out, jurisdiction over deployed personnel. and whethertheyprovide for variousforms of SOFAs mission’s tomeet aparticular needs to explore whether the AU and RECs adapt the of situationsarmedconflict, it will benecessary commit violationsagainstchildren in situations accountability againstperpetratorswho In view ofthe above, inorder toenhance operations.” misconduct committedinpeacekeeping ofpersonsfor crimesandserious category the way ofensuringtheaccountabilitythis contingents constitutesamajorobstaclein membersofnational sending stateover military on theexclusive criminaljurisdictionofthe one authorcontendsthat “the SOFA provision (IHRL) needtobestrengthened. law (IHL)andinternationalhumanrightslaw the respect for internationalhumanitarian 50 Inthisregard, somecommentators 52 51 Inthisvein, 49

to peacekeeping personnelandittherefore also specifes thestandards ofconductthatapply revised in 2007. both the AU and the RECs. The Model MOU was that contributes personnel and bypasses country SOFA, isdirectly withtheGovernment ofthe peacekeeping mission. government ofaUN a particular insupport personnel, provided equipment and services by and conditionstogovern thecontributionof the administrative, logisticsandfnancialterms UN andthe TCC whosepurposeistoestablish is abindingbilateralagreement between the The Memorandum of Understanding (MOU) 6.10.2.2 lacks clear-cut assurances that sendingstates their jurisdictionasinstructed. The MOUstill sanctions intheevent the TCCs donotexercise are notbacked by specifcprocedures and/or improvements, however, thecommitments sexual exploitation and abuse. Despite these against children in armed conflict, beyond of theirexpansiontoincludeviolations before. commitments from the TCCs thatdidnotexist are signifcantastheycontainanumber of Taken together, therevisions totheMOU peacekeepers. of several provisions relating tomisconductby personnel. behaviour thatisexpectedfrom peacekeeping introduction ofacodeconductandthe peacekeepers. the criminalaccountabilityofmilitary changeswithregardtwo important to The revised ModelMOUof2007implemented UN peacekeeping operation. duringtheirassignmentofa in nationalservice national personnelwhoare deployed remain violations. andcivilian Itstresses thatmilitary and theinvestigation of, andaccountabilityfor, good order amongsuchpersonnel, jurisdiction provides for themaintenanceofdisciplineand 58 They alsoprovide for thepossibility Understanding Memorandum of 57 The secondchangeistheaddition 56 54 The firstchangewasthe Since then, the MOU also 53 The MOU, unlike the 55

6 KEY STRUCTURES FOR INTERNATIONAL CAAC ACCOUNTABILITY 41

62 SAVE THE CHILDREN SAVE Operations (2017) Protection in UN Peace in UN Peace Protection Prohibition of Child Labour of Child Labour Prohibition in UN Peacekeeping Operations (2013) DPKO Policy on Child Policy DPKO DPKO Policy on the Policy DPKO Background the outlines 2017, in adopted Policy, This Department of Political engagement of DPKO, and Department of Field Support Affairs (DPA) aimed at ensuring that children are not used for not used for are aimed at ensuring that children operations and to labour in UN peacekeeping of children protection comprehensive promote sets fcally It speci of exploitation. all forms from age of under the out that the use of children of labour or other rendering purposes 18 for operations is of services UN peacekeeping by of the minimum regardless prohibited, strictly age of child labour stipulated under the national and of operation, area in the mission’s law of compensation of the involvement irrespective or other benefts). food of a salary, (in the form outlines that children The policy explicitly camps on the premises, should not be allowed operation UN peacekeeping or facilities of any of labour or the the purpose of the provision for services use of any rendering and that proper fcation and strict identity veri of access control prevent to implemented be to need measures such purposes. the entry for of children 6.10.4 to AU or REC missions but also for vetting vetting also for or REC missions but AU to contingents. of members of national processes and other training regimes Pre-deployment the in evidenced as initiatives, capacity-building been used also have MOU discussion above, of standards the improve to requirements as to deployed who are personnel uniformed AU PSOs. 6.10.3 of Rights the on Convention UN the with line In is which was issued in 2013, this policy, the Child,

60 61 59 forces (HRDDP) forces UN Human Rights Due UN Human Rights on UN Diligence Policy support to non-UN security nder this policy, which was formally adopted which was formally nder this policy, The HRDDP is an example of the provisions The HRDDP is an example of the provisions actors external been imposed by that have This policy PSOs. AU support to when providing support continuing has implications for not only UN entity that provides the support needs to UN entity that provides authorities to bring intervene with the relevant If the situation persists, the violations to an end. the UN is then obliged to suspend or withdraw support as a last resort. forces of each TCC as well as seeks information as seeks information TCC as well of each forces or command position of in a individuals about to assess risks. responsibility that if the UN becomes aware Under the policy, the violations, is committing such a recipient risk assessments to be carried out so that out so that risk assessments to be carried whether substantial UN entities can evaluate is a real that there exist to believe grounds In relation risk of committing such violations. forces, peacekeeping to support regional for of security the UN entity looks at the record grounds to believe the recipient may commit commit may the recipient to believe grounds humanitarian, international of violations grave the and where law or refugee human rights, the authorities fail to take (national) relevant or mitigating measures necessary corrective for The policy calls such violations. to prevent U support all UN entities to non-UN by in 2011, TCCs) from those as (such forces security substantial are there where cannot be provided only made that reports should be provided on should be provided made that reports only basis. a regular 6.10.2.3 accountable if they have committed crimes. It committed crimes. if they have accountable if it reasons to provide TCCs does not require and also peacekeepers prosecute declines to to TCCs for timelines clear provide not does on the to the UN reports progress provide is – mention offenders of alleged prosecution will hold the military peacekeepers criminally criminally militarywill hold the peacekeepers 42 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN for protecting children insituationsofarmed respect internationalnormsandstandards operations personnelmust implementand Further, thepolicystresses thatUNpeace a childprotection mandate. pointtohighlight of amissionispivotal entry discussed earlier, theStrategic Planningphase the military, police andciviliancomponents. As documents, anddocumentsguidingthework of core mission planning, mandate implementation including childprotection considerationsin ofThe policyhighlightstheimportance General guidingprinciples Council. protection inPSOsmandatedby theSecurity international norms and standards on child to encourageconsistencyintheapplicationof forces when operating under a UNSC mandate is also a resource for regional peacekeeping to upholdandrespect children’s rights. The Policy obligation ofallUNpeaceoperationspersonnel (DFS) onchildprotection, andunderlinesthe settings, includingby advisingseniormission of UN peace operations in specifc mission in implementingthechildprotection mandate deployment of CPAs who ful A number of SC resolutions have called for the Child Protection (CPAs)Advisors components. civilian components, and police and military (HoM), Child Protection Advisors (CPAs), other operations includingtheSRSG/HeadofMission responsibilities for key actorsinpeace The policydelineatesspecificroles and Roles andResponsibilities approach. gender awareness, andachildrights-based non-discrimination, donoharm, confdentiality, conflict, includingthebestinterest ofthechild, fl acrucial role Importantly, of and echoing the importance relevant bilateralandmultilateral fora. state governments through in participation and trainingactivities; andadvocacy withhost through advocacy, sensitization, capacity building ownership and greater protection ofchildren peace operations; promoting community-level to other components and sections of UN child protection issues, toolsandmethodologies providing training, on guidanceandexpertise signing and implementation of action plans; to the conflict on the in dialogue with parties grave violationsagainstchildren andengaging leadership onchildprotection issues; monitoring military personnelunder theircommandreceivemilitary and abuses against children); ensure that all procedures; measures to prevent violations provision on violations; of alerts handover actionsinrelation tochildrenon military (i.e. personnel undertheircommand; issueSOPs child protection guidanceby allmilitary Force Commandersare required to: promote activities inalltheiroperations. Inparticular, by streamlining childprotection concernsand affecting children inthemissionarea, including violence, abuse, neglect and exploitation to play inprotecting children andpreventing of UN peace operations have role an important components The Policy highlightsthatmilitary Military components on theMRM. counterparts; andshallleadthemission’s work child protection with relevant UN and non-UN and operationalspaceneededtoengageon protection mandate; shallhave thepolitical on theimplementationofmission’s child senior missionleadership asspecialized advisors protection staff, whoshall have direct access to shall have aseniorCPA anddedicatedchild specific SCmandateonchildprotection that UNpeaceoperationswithamission- setting outaclearmandate, thepolicynotes 6 KEY STRUCTURES FOR INTERNATIONAL CAAC ACCOUNTABILITY 43 The 64 SAVE THE CHILDREN SAVE

65 Advocate (VRA) United Nations Victims’ Rights Assembly in 2007. in 2007. Assembly VRA regularly the mandate, In fulflment of her visits field missions to gain a first-hand and to SEA is addressed understanding of how stories to hear their connect with victims directly, 6.11 of As a means to put the rights and dignity efforts of its to prevent victims at the forefront abuse, to sexual exploitation and and respond Victims’ Rights the SG appointed the first 2017. August 23 on UN the for Advocate ensures (VRA) Advocate Rights Victims’ UN the that victims of SEA get the assistance and their individualdepending on supportneed, they situation. parts all with of the UN system, VRA works The agencies, departments, which comprises many the in operations with programmes and funds stakeholders, of range a and States Member feld, to ensure including civil society and the media, to victim assistance in an integrated response strategy and line with the Secretary-General’s the existing UN strategy assistance and on support the UN General to victims adopted by respect children’s rights and to effectively rights and to effectively children’s respect work. their in activities protection child include policy places that this DPKO It is encouraging explicit and makes issues at its core, children’s of UN personnel in peacethe conduct expected consequences that as the as well operations, to existing policies could ensue in relation in peacekeeping to enhance accountability that however, concern, of is It operations. emphasis is placed on as great as much the life across protection child mainstreaming is allocated signifcant work span of a mission, small relatively a constitute which CPAs, to staff. of deployed group Headquarters, tasked with, among other other among with, tasked Headquarters, channelling alerts of responsibilities, and to CPAs violations against children staff based on agreed child protection sharing protocols. information Battalion Commanders shall appoint a full- Battalion Commanders offcer within each time child protection and Group; Battalion Command a Commanders shall designate Company point within Company focal child protection personnel so as to enable them to recognize, to enable them to recognize, as personnel so to violations appropriately report and respond to and abuses committed against children, measure to ensure the protection of children. It of children. the protection to ensure measure will ensure DFS and DPA that DPKO, stresses that specific training on child protection part rights are of children’s for and respect in-mission and mandatory pre-deployment, all UN peace operations on-going training for with child protection obligations and to report to and obligations protection child with allegations to senior mission leadership any follow-up, in-mission actors for and relevant and prevention. response preventive a as training emphasizes policy The protection obligations, including the obligation including the obligation obligations, protection and violations of allegations any to report them by committed children abuses against The mechanisms. existing reporting through a duty to monitor compliance also have CPAs Provisions on Conduct and Child Provisions Obligations Protection responsibility the puts explicitly policy The peace that all UN on SRSGs/HoMs to ensure of their child informed operations personnel are components include: • • training on child protection; and designate a a and designate child protection; training on point at mission military focal child protection closely headquarters and work to coordinate staff. and child protection with CPAs military of responsibilities Additional ngs and on-going and on-going briefngs induction in-mission 44 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN develop astatementofvictims’rightstoinform and itisenvisioned thatin2019the VRA will conflict. The VRAhasmet with theSRSG-CAAC violations insituationsofarmed children whohave beensubjectedtoSEA it represents a potential mechanism to assist women, development itisanimportant inthat SEA by UNpersonnelpredominantly against Whilst the VRA wastriggered by theriseof organizations. well ascivilsociety, includinglocalhumanrights and disciplineteams, humanitarianactors, as by theUN. The FVRAwork closely withconduct ofvictimsprovidedis integratedintothesupport approachchild-sensitive andnon-discriminatory aim toensure thatavictim-centred, gender- and main contactfor allvictimsontheground and Congo, HaitiandSouthSudan. They are the African Republic, theDemocraticRepublicof (FVRA) have beenestablishedintheCentral work ofthe VRA, Field Victims’ Rights Advocates them and others.better support To the support and tolearnfrom theirexperienceinorder to 2012 whentheOfficeof the Prosecutor This focus onchildren hasbeenevident since crimes for whichthevictims are children. Statute oftheICC, thelatterexplicitly setsout are covered by thegeneral listofcrimesinthe and aggression. Although crimesagainstchildren genocide, crimesagainst humanity, warcrimes, crimes ofconcernunderinternationallaw: jurisdiction overthe court the most serious international criminalcourt. The Statutegives established thefrstpermanenttreaty-based, (ICC),Court which came intoforce in2002, The RomeStatuteoftheInternationalCriminal 6.12 to information aboutpendingcases. to flecomplaints, victimassistance, and access pathways for victimsorwitnessesofviolations the development andstrengthening ofreporting International CriminalCourt(ICC) 66

also recognises attacks against personnel as acrimeagainsthumanity. humanity. Traffcking ofchildren isrecognised violence asawarcrimeandagainst rape, sexualslaveryandotherforms ofsexual non-international armedconflicts. It recognises to beawarcrimeinbothinternationaland enlisting ofchildren undertheageof15years The RomeStatuteconsiderstheconscriptingor in theadoptionofits reaffrmed initsStrategicPlan2016-2018and against children. sexual andgender-based crimesand attentiontocommitted topaying particular • • • • recruitment inarmedconflicts. Thesecasesare: asausefuldeterrentcases serve againstchild committed against children. A number of these situations, hasdealtwithcrimes theCourt have beenbrought before theICC. Infour So far, 27 cases in eleven situations/countries children. functions, which should be used with regard to court, hasnorehabilitative becausetheCourt 18 yearsare exempted from prosecution by the a methodofwarfare. Children below theageof against children, as andintentionalstarvation groups, the enslavement of children, attacks from their national, ethnic, racial orreligious attacks onschools, forcible transfer ofchildren the recruitment ofchildren intoarmedforces, has jurisdictiontoinvestigate andprosecute educational institutionsandschools. The court crimes, whilstitprohibits intentional attackson operationsaswar missions andpeacesupport of humanitarianassistanceorpeacekeeping Joseph Kony etal. (Uganda). Republic); and Jean-Pierre BembaGombo (Central African (Democratic RepublicoftheCongo); Germain Katanga&MathieuNgudjoloChui Republic oftheCongo); Thomas LubangaDyilo(Democratic 67 This commitmenthasbeen Policy onChildren 69 The Statute The . 68

1 LIST OF ACRONYMS LIST Save the Children Somalia

SAVESAVE THETHE CHILDRENCHILDREN 4545 7 Continental Desk Review and Findings

7.1 Introduction such as local militias, protesting civil society organisations, external groups such as Islamic The African Continent continues to experience State seeking local partners, and rebel groups frequent protracted conflicts and crisis situations; are taking the place of offcial state-run armies civil wars, inter-country wars and other forms as the main actors in many violent conflicts.75 of armed violence, including terrorist activities.70 Somalia for example, has been heavily affected The continent also has the youngest population by the actions of the militant insurgency group, in the world, growing at a rapid rate.71 These al-Shabaab. Notably, al-Shabaab has also conflicts as such have devastating effects on extended membership to elders and unmarried children. Children living in such situations girls, has reportedly intimidated, kidnapped and are more likely to be killed, separated from killed aid workers leading to a suspension of their families, abducted, trafficked, sexually humanitarian operations and an exodus of relief assaulted, maimed and recruited into armed agents. The organisation did not originally use forces and armed groups. They are less likely suicide bombings but the increased foreign to be in school or to be able to meet their influence has led to the introduction of new basic needs for health care, clean water and attack tactics, including suicide bombings, sanitation. They are more vulnerable to death kidnappings and assassinations.76 from disease and malnutrition. These situations have disastrous consequences for the safety and It is against this background that peacekeeping wellbeing of children, their education and future forces are expected to protect and prevent development, depriving them of opportunities to violations of the rights of children in armed develop and realise their full potential. 72 conflict. Despite the good intentions of peacekeeping missions, peacekeepers have Peacekeeping missions have become an been associated with criminal misconduct, important tool for conflict management and including sexual violence. Crimes against post-conflict peace building for the African women and children have been reported Union (AU) especially since Africa remains the against peacekeepers in several peacekeeping main location of peacekeeping operations in the locations.77 Hence the nexus between child world73 and this in many respects validates the protection and peacekeeper accountability is enhancement of the role of the AU as having an important consideration, both in terms of primacy in the planning and execution of PSOs the rights of the child and holding primary duty on the continent and the UN acting in support bearers to live up to their obligations and the of the AU. fact that violations committed by peacekeepers act as push/pull factors for recruitment by The nature of armed conflict in Africa is changing armed groups and therefore have a direct rapidly,74 large-scale military engagements in impact on the effcacy of the mission. Africa are being replaced by smaller, violent encounters involving multiple stakeholders

46 SAVE THE CHILDREN 7 CONTINENTAL DESK REVIEW AND FINDINGS 47

82 81

83 SAVE THE CHILDREN SAVE

African Union (AU) Establishment of the Establishment 80 and good governance, human rights, sustainable human rights, and good governance, The vision cooperation. and global development prosperous is that of an integrated, AU of the The main decision-making Africa, and peaceful depicted below. and policy organs are country is unable or unwilling to do so itself. the on called Watch Rights Human In 2014 countries to urge all troop-contributing AU to consider hosting military courts either basis in Somalia. or on a rotating permanently the recommendation, had considered AU The report April 2015 investigation and in an TCCs to in principle to urging all agreed consider holding on site court martial processes. expression found since has commitment This and Discipline for on Conduct Policy AU in the Support Operations. Peace 7.1.2 African Unity Successor to the Organisation of is a multilateral African Union (AU) the (OAU), objectives The 2002. in established institution Act, enshrined in the Constitutive AU, of the respecting and solidarity include fostering socio-economic of the promotion sovereignty, democracy peace and security, development, ensure that all members of their contingents contingents their of members all that ensure and Conduct of Code AUC with the comply Discipline. countries’ troop-contributing AMISOM The when defning sexual not identical MoUs are the example, For exploitation and abuse. sexual defines specifically MoU Burundian and the Kenyan whereas abuse and exploitation all explicitly However, not. Ugandan MoUs do exploitation and abuse state that sexual Significantly, misconduct. constitute serious initiate to AU the empower also MoUs the of abuse and into allegations investigations the troop-contributing exploitation where 79 peacekeeper violations peacekeeper Accountability for for Accountability 78 According to the AMISOM MoUs with troop- to the According shall governments contributing countries, between the AU and each troop-contributing troop-contributing and each AU the between troop-contributing hold MoUs These state. the training and for countries responsible holding their and for discipline of their forces including misconduct, to account for forces prosecutions. criminal through Soldiers of troop-contributing countries have countries have Soldiers of troop-contributing AU the link with no individual contractual attached to their administratively and remain obligations Legal militaries. national respective support peace AU militaryof in personnel to agreed MoUs by governed are operations account for misconduct, including through including through misconduct, account for status by specifed as prosecutions, criminal Somalia and between of mission agreements troop- and individual MoUs between AU, the AU. contributing countries and the relinquishes jurisdiction over AMISOM troops AMISOM troops over jurisdiction relinquishes on Somali territory, who commit crimes Primary exploitation. and abuse sexual including on troop-contributing falls responsibility to countries to hold members of their forces obligations to investigate and if established, and if established, obligations to investigate violations and allegations of serious prosecute, crimes. between Under the status of mission agreement Somalia AU, the and government Somali the their personnel for any criminal offenses they criminal offenses any their personnel for in charge therefore are commit in Somalia and and all criminal prosecutions. of investigations memorandums bound by These countries are and AU, with the of understanding signed humanitarian and rights human international A key constraint to ensuring accountability accountability to ensuring constraint A key command, mission AU under the troops for AMISOM to troops TCCs that contribute jurisdiction over exclusive example have for 7.1.1 48 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN • • • centre ofthereform agenda: continental scope. Five mainareas are atthe which focuses onfewer priorityareas with a robust process ofreform oftheorganisation 2017,In January the African Union embarked on 7.1.3 Political Affairs Political Affairs Commissioner Council Secretariat Department Department Policy Development Unit Peace &Security operational. old structuresarestillinplaceand come intoeffectin2021,tillthenthe Note: Connecting the AU with African Citizenry; Institutional realignment; continental scope; Focusing onfewer priorityareas with The new AU structures will ThenewAUstructureswill Recent African Union Recent African reforms Commissioner Social Affairs Social Affairs Department Administration &Human Resources Management Operations Division Department Peace Support Capability Development COMMISSION OFTHEAFRICANUNION Commissioner Department Peace and Peace and Security Unit Security Defence &Security Commissioner Department Division Trade and Trade and Industry Industry Chairperson ofthe AU

Plans &OperationsUnit Deputy Chairperson Commission and Agriculture and Agriculture Rural Economy Rural Economy Commissioner Department Department protection. mechanisms withactivitiesrelated tochild and other AU Organs, bodies, institutionsand relationship between andamongthe AUC focus of the AUC strengthen andfurther the the AU, tostrengthen boththechildprotection establishing theChildProtection Architecture at Reforms related tochildprotection are aimedat had paidtheirdues. AU’s mid-November 2018, close to the end of the far hasbeenunsatisfactory. which implementationhas been pursuedthus have goneintothe AU reforms, thepaceat Moussa Faki Mahamat, that despite the efforts According to AU CommissionChairperson • • Crisis Management &Post Conflict Sustainable Financingof AU programmes. and AU politicalandoperationalmanagement; Reconstruction Division fnancial year, only 50% of MemberStates Mission Support Unit Mission Support Economic Affairs Economic Affairs 88 Commissioner Department Department

Programming, Budgeting & Financial Accounting & Department 87

Infrastructure & Infrastructure & Commissioner Department Department Energy Energy 86 Conflict Prevention &Early For example, by Immediate Responseto African Capacity for Warning Division Crises Human Resources Commissioner Technology & Department Department Technology Resources & Human Science, Science, 85

7 CONTINENTAL DESK REVIEW AND FINDINGS 49

91 SAVE THE CHILDREN SAVE in SADC countries with training for military, military, in SADC countries with training for police and civilian personnel. PSOs – register for sex offenders for TCC TCC for sex offenders for PSOs – register members. on Conduct and Discipline Policy AU The Support Operations; Peace for and Response on Prevention Policy AU The Peace Abuse for to Sexual Exploitation and Support Operations; Concept Note on the Child Protection Architecture; on Curriculum Standards Training AU which includes (PoC), of Civilians Protection and which has been piloted Child Protection The primacy of the AU in PSOs in the in PSOs in the AU of the The primacy a UN playing with the African continent, complementarysupportive role; financial to share An agreement 25% contributing (AU responsibilities and an UN 75% of costs), of PSO costs, Fund to of the Peace operationalization support the fnancing; The PSO departments of both the UN and in close work forward, moving will, AU taking over AU the collaboration with that training of all forces for responsibility all components ASF across the up make civilian) of a mission; military, (police, UN fnancial support for for Precondition The partnership will assist in aligning the African partnershipThe the aligning in will assist Agenda 2063 with the global 2030 Union’s Sustainable Development. Agenda for framework AU/UN In furtherance of the Joint and the PSOD has been developing agreement, doctrine and range updating the peacekeeping in alignment to be and procedures policies of have the following Thus far, with UN standards. been developed: • • • • • • • • 89 Extraordinary Summit: Summit: Extraordinary th AU/UN collaboration AU/UN Other Decisions Key Decisions Key Establishing an effective division of labour Establishing an effective Regional African Union, the between Member States, Economic Communities, and continental organisations; African Union scale of assessment and The contributions. The termination of appointment of the The termination of appointment of the Chairperson and the Deputy Chairperson of the AUC; management withinEnhancing performance AUC; senior leadership of the and fnancial reforms; Administrative Development; the non- for sanctions regime AU The of contributions; payment and Mining and Technology Science, Education, Innovation; and Energy; Infrastructure & Security; Peace Affairs, Political Affairs and Social Humanitarian Health, Agriculture, Rural Development, Blue Blue Rural Development, Agriculture, Environment; and Sustainable Economy and Industry Trade Economic Development, AU/UN peace and security review, the following the following peace and security review, AU/UN taken: decisions were 7.1.3.3 Enhanced for Framework UN-AU Joint The and Security was signed Partnership in Peace at the joint 2017, November In 2017. April in • • • • • 7.1.3.2 • • • • • Commissioners, each of them with the following each of them with the following Commissioners, portfolios: • • Structure and Portfolios of Senior Leadership Senior Leadership of Portfolios and Structure of the AUC shall Commission AU of the structure The new a namely (8) members, be composed of eight (6) Deputy Chairperson and six Chairperson, 11 7.1.3.1 50 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN goals andaspirationsthatcontributetowards The APSA Roadmap 2016-2020 management andresolution. and RECs and RMs for conflict prevention, African Standby Force (ASF), thePeace Fund Continental Early Warning System(CEWS), the by theCommission, thePanelof Wise, the Peace andSecurityCouncil(PSC), supported continent. promoting peace, securityandstabilityonthe (APSA) istheprimary AU mechanismfor The African Peace and Security Architecture operations. Africa thelargestcontributortoglobalpeace UN and AU-led peacekeeping missions, making 80,000 military, police, andcivilianpersonnelto African countrieshadcontributedapproximately considerably atthecontinentallevel. By2017, 18 operationshaveand peacesupport grown Since itsinceptionin2002, peacekeeping 7.2 governance, theprotection ofhumanrights, a commitmenttodemocracy andgood The three documents combinedemphasise • • • 7.2.1 African Peace andSecurity Architecture (APSA). of whichisafully functionalandoperational Plan oftheUnion’s “Agenda 2063” by 2020”andthefrst10-Year Implementation achieving theobjectives of “Silencing theGuns Policy (CADSP). The Common African Defence andSecurity Union (PSCProtocol); and Peace andSecurityCouncilofthe African The Protocol ontheEstablishmentof The African UnionConstitutive Act, 2002; African UnionandPeacekeeping 93 The normative and the APSA institutional foundations of 92 The mainpillarofthe APSA isthe

94 95

is guided by the isguidedby the 96 at the heart attheheart • • • • for peaceandsecuritycomprisingof: The APSA embracesacomprehensive agenda humanitarian law. respect for thesanctityofhumanlife, and Security Council(UNSC)isrequired. purposes, authorisationby theUnited Nations as the AU needtouseforce for enforcement Charter, whenregional organisationssuch According toChapters VII and VIII oftheUN principles inrelation topeaceenforcement. The AU isalsoboundby UNstandards and authority isvested inthe Assembly ofthe AU. some scenarios, whilstinotherscenarios the PSC asthe AU in authorityfor interventions 4 (j)ofthe AU Constitutive Act designatesthe crimes anywhere onthecontinent. to prevent orstopperpetration ofheinous imposes anobligationonthe AU tointervene creates and boththelegalbasisfor intervention and securityintheircountries. This principle request inorder intervention torestore peace humanity, andMemberStateshave thepower to of genocide, warcrimesandagainst for AU underthecircumstances intervention circumstances. 4(h)and4(j)allowArticles to adecisionfrom the AU Assembly ingrave the AU inaMemberStatepursuant tointervene 4ofthe Article AU Constitutive Act mandates 7.2.2 management. humanitarian action and disaster and governance andrespect for humanrights; promotion ofdemocraticpractices, good reconstruction anddevelopment; peace-building andpost-conflict peace-making, operations, peacesupport early warningandconflictprevention; Legal Framework of Operations African Peace Support 99 98 Article Article 100 7 CONTINENTAL DESK REVIEW AND FINDINGS 51 SAVE THE CHILDREN SAVE 105

106 (ASF) Legal Framework African Standby Force Force African Standby Being the AUC primaryAUC point with contact Being the AU and States the RECs/RMs/Member ASF the to partners on matters related and PSOs; States RECs/RMs/Member the with Liaising AU to partners relating on matters AU and PSOs; and providing coordinating Organizing, the support of meetings technical for STCDSS on PSOs. The ASF comprises standby multidisciplinaryASF comprises standby The contingents (civilian and military components), stationed in their countries of origin and States Member deployment. rapid for ready to establish standby the responsibility have participationcontingents for in peace support The purpose of the ASF is to provide the African the to provide ASF is The purpose of the conflicts to Union with capabilities to respond forces peacekeeping of deployment the through interventions pursuant to and to undertake Act in article (j) of the Constitutive 4(h) and The was established. AU terms of which the for rapid deployment ASF is intended for of peace supporta multiplicity operations deployment, include preventive that may post conflict peace building, peacekeeping, re-integration demobilisation, disarmament, and humanitarian assistance. it is placed a mandate, Once a mission is given of a Special under the command and control AU of the of the Chairperson Representative for responsible who is (SRCC), Commission commissioner commander, appointing a force the civilian components. of and head of police Once body. is the mandate approving PSC The AU under placed are forces ASF deployed, command and control. • • • 7.2.3 7.2.3.1

101 104 The PSOD is composedThe PSOD is

102 103 Operations Division (PSOD) Operations African Union Peace Support Peace African Union PSOs to the appropriate AU Policy Organs, Organs, Policy AU PSOs to the appropriate African Union of the PSC and the inclusive as appropriate; Commission (AUC) AUC to the appropriate AU Policy Organs Policy AU to the appropriate AUC Technical Specialized of the PSC, inclusive and Security Safety Committee on Defence, and the United Nations Security (STCDSS), Council (UNSC); and advice on strategic analysis Providing organs (AUPO’s) inclusive of the PSC and of the PSC inclusive organs (AUPO’s) as appropriate; Assembly the monitoring, strategic oversight, Providing AU- on guidance and evaluation support, including AUC PSOs to the approved the of Chairperson the of reports of drafting deployment to AU PSOs; AU to deployment all transitions Planning and coordinating PKOs UN PSOs, AU UN to of PSOs from by and REC/RMs operations as directed policy AU of the decisions the relevant Developing Terms of Reference to enable enable to Reference of Terms Developing of qualifed personnel for the recruitment the PSOD and PSOs; police civilian, assessing and Generating equipment and and military personnel, Member States for AU by assets provided Coordinating with the RECs, RMs, Member RMs, the RECs, with Coordinating States and partners in the operationalisation (ASF) and Force African Standby of the PSOs; • • • • • The PSOD undertakes its functions through: The PSOD undertakes • Union Policy Organs. Union Policy Unit Development Policy namely, units, of four Unit (CDU), Development Capability (PDU), and Mission Unit (POU), Plans and Operations Support Unit (MSU). The PSOD, also referred to as the African African the to as also referred The PSOD, Continental Planning Element, Force Standby sustaining, launch of, planning, for is responsible Support all Peace monitoring and liquidating African the authorised by Operations (PSOs) 7.2.2.1 52 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN 7.2.3.2 • • • • • of thefive regions: The five standby brigades,ASF comprises one in each situations. depending onprevailing crisisandconflict are expectedtobesubjectperiodicreviews Standard OperatingProcedures (SOPs), and accordance withestablished AU Peace Support readiness andgenerallocationisdeterminedin and typesofsuchcontingents, theirdegree of authorised by the AU Assembly. The strength missions decidedonby thePSCorintervention and strengthening relations between the AU on coordination, building strong partnerships, achieve effectiveness inPSOsisby focusing One of theways inwhich the AU intends to 7.2.3.3 their meetinginMarch 2008. Ministers ofDefence andSecurity(AMDS)at Defence andSecurity(ACDS) and the African They were adoptedby the African Chiefsof setupforregulatory theoperationof ASF. the technicalandconceptualbasis, andthe developed. These defnethepolicyframeworks, standard operatingprocedures have been communications andinformation systemsand evaluation, logistics, command, control, Policy documentscovering doctrine, training, other capacities. by civilian police (CivPol)supported and ECOWAS Standby Brigade(ECOBRIG) Standby Brigade(SADCBRIG); Southern Africa Development Cooperation (FOMAC); Force multinationale de l’Afrique Centrale Eastern Africa Standby Brigade(EASBRIG); (NASBRIG); North Africa RegionalStandby Brigade 107 Operationalising the ASF Operationalising Mechanisms and ASF Mechanisms Communities, Regional Regional Economic

108

109

• recommendations assumeimportance. of the AU reform process. Inthisregard, two the AU andRECs/RMsisoneofthepriorities Ensuring aneffective division oflabourbetween the ASF. astheoperationalandtacticalarmsof serve generally, andthe ASF inparticular, andthey recognised asthe ‘building blocks’of APSA and RECsasastrategicpriority. RECsare to support itsown operations.to support serious challenge is the capacity and capability evaluate itsown operations. ability toassess, plan, deploy, manageand for astabilisationrole, itneedstoimprove its having established itsabilitytotake responsibility effectiveness andef fciency of AU operations, Future challengesrelate toimproving the pronouncements inthe AU Shared Values. strengthen the objectives of the legal andpolicy good governance anddemocracy, andto the variousstakeholders’ inorder topromote is toprovide a ‘platform for dialoguebetween The AGA cameintoforce in2012. Itsmandate ofPoliticalof theDepartment Affairs (DPA). and Governance and falling under the ambit on the onDemocracy,African Charter Elections African Governance Architecture (AGA) based Additionally, the AU hasdeveloped anew • the second annual AU summitin July 2019; AU-REC coordination summitwillreplace and cohesion between the AU and REC’s, an AU andREC’s, andtofacilitatecoordination Clarifcation ontherelationship between the terms ofpeaceandsecurity. where RECsare notshowing results in The AU shouldbeallowed totake over 110 113 114 The AU’s most AU’s The 111 112

7 CONTINENTAL DESK REVIEW AND FINDINGS 53

118 119 SAVE THE CHILDREN SAVE Every child is protected Every protected is child ts fully Every child benefts fully 120 with a Child Protection with a Child Protection mandate Institutional Structures Structures Institutional 121 Protection Protection African Union and Child African Union Aspiration 6: Aspiration quality education. from 7: Aspiration Agenda 2040, contains 10 aspirations to be met Agenda 2040, 2040: by • • program. As a result of this agreement, the AU AU the agreement, this of result a As program. Adviser who its frst Child Protection hired the Strategic Plan for a three-year developed which was validated in February 2015. PSD, unclear whether support this for It is however 2019 onward. from position will continue Welfare African Charter Rights and on the The and the establishment of of the Child (ACRWC) African Committee of Experts on the Rights the 2002 in (ACERWC) Child the of Welfare and the primaryare promotion the mechanisms for in rights and welfare of children’s and protection Article 22 of the Charter calls on State Africa. necessary all to ensure Parties measures to take partandhostilities direct in a that no child takes children recruiting from in particular, refrain, into armed forces. Agenda Africa’s for developed The ACERWC Children, Africa Fit for an Fostering Children: Agenda 2063 which elaborates the vision of as known agenda, This children. of respect in 7.3 7.3.1 the has championed AU the Since its inception, part as of children of protection and rights ce UNICEF and the UN Off mandate. its core Affected Children Advisor for of the Special supported (CAAC) Armed Conflict the by in program of a Child Protection development Department and Security (PSD) Peace AU the support to of capacity operational the 2013, in a CAAC develop to Secretariat ACERWC the AU

117 115 116 Support Trainers Association Support Trainers (APSTA) Training - African Peace African Peace - Training for peace supportfor operations. and Standardization Workshop in 2014. It also It in 2014. Workshop and Standardization ASF and other undertook the harmonization of Support Operations (PSO) African-led Peace in the role a key It is expected to play training. African training architecture of an development and the Peacekeeping Directorate of the Nigeria Directorate and the Peacekeeping Force. Police conducted the Secretariat APSTA The Integrated Mission Planning and Mission Support Harmonization and training MS) & (IMP International Committee of the Red Cross (ICRC), (ICRC), International Committee of the Red Cross Organisation La Francophonie, Save the Children, Cameroon’s Africa(AISA), Africa South of Institute Securité de Forces des Internationale L’Ecole the (RPA), Academy Peace the Rwanda (EIFORCES), ServiceGhana Police Command and Staff College, development support of peacekeeping initiatives initiatives support peacekeeping of development and RECs/RMs. AU the by institutional following is made up of the APSTA UN Office to the PSOD, AU members: Institute (POTI), Training Operations Peace (UNOAU), memorandum of understanding (MOU) with (MOU) with memorandum of understanding and serves framework a as APSTA AU, the the capacity improving for network resource through institutions, training peacekeeping of practices and capacity exchange of best Established in 2002 APSTA, a voluntary voluntary a APSTA, 2002 in Established chapter of the African is the association, of Peacekeeping Association International As part of its (IAPTC). Centres Training 7.2.3.4 54 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN 7.3.1.2 • • • 7.3.1.1 • • • • • 7.3.1.3 • • • • • • Rights. the onHumanandPeoples’African Court Peoples’ Rights; and the African CommissiononHumanand Rights and Welfare oftheChild; the on the African Committee of Experts matter. Aspiration 10: disasters oremergencysituations. the impact of armed conflicts and other Aspiration 9: child-sensitive criminaljusticesystem. Aspiration 8: abuse. against violence, exploitation, neglect and the African Governance Architecture. the African and the African Peace and Security Architecture AU LiaisonOffcesandRECs. the Pan-AfricanParliament; and the African Peer Review Mechanism; Rights; the onHumanandPeoples’African Court Peoples’ Rights; the African CommissiononHumanand Rights and Welfare oftheChild; the on the African Committee of Experts monitoring andsecure mandate toprovide effective mechanisms witha AU Organs, bodiesand protection ofchildren: to develop standards for the AU Organswithamandate mechanisms: Coordinating Other AU compliance withstandards: Children benefitfrom a Every child is freeEvery from African children’s views 124

122

123

• • 7.3.1.4 protection underthe protection ofcivilians. and documentsinterventions subsume child children inconflict situations. aimedatprotectinginterventions therightsof strengthening, and streamlining the existing child protection architecture for adapting, the establishmentofacomprehensive its 706 mechanisms and instruments, the AU PSC in ineffective coordination ofthechildprotection Acknowledging theweak complementarityand • • and welfare ofchildren in Africa. Rights: The onHumanandPeoples’African Court rights andwelfare. a bearingontherealisation ofchildren’s Protocol on Women’s Rights, whichhave on Human and Peoples’ Rights and the implementation ofthe African Charter Peoples’ Rights (ACHPR): The African CommissiononHumanand public information. implementation, research, education, and and through policy development and Human Resource, Science and Technology), and Security, GenderDirectorate and (includingSocial Departments Affairs, Peace realisation ofchildren’s rightsthrough its Carries outactivitiesrelated tothe The African UnionCommission (AUC): its review reports ofcountry fc recommendations in issues country-speci on therightsandwelfare of the childand (APRM): Receives andconsiderreports The African Peer Review Mechanism th Meeting (July 2017) recommended children the protection oftherights the AU thathave impacton Institutions andbodieswithin 127 Hasjurisdictionover therights 125

129 130 Many ofthese 126 Monitors 128

7 CONTINENTAL DESK REVIEW AND FINDINGS 55

136 134

SAVE THE CHILDREN SAVE 135 137 (PoC) and Child Protection (PoC) Protection of Civilians Protection It is also envisaged that the ACERWC ACERWC that the It is also envisaged 133 population and people at risk, and to ensure the and to ensure at risk, population and people and individuals of the rights of groups full respect instruments.’ under regional recognized guidelines set out a four-tiered The PoC intended to influence to protection approach its security services including conducting a the UPDF South-South visit to Uganda to allow children their experiences in protecting to share Army. with the Somali National 7.3.3 Principles on the the Kigali is guided by AU The a non-binding which are of Civilians, Protection and thorough the effective set of 18 pledges for of civilians. implementation of the protection the aimed at addressing The principles are as well aspects of peacekeeping most relevant defciencies that undermine as the broader operations of peacekeeping the effectiveness such as situations volatile conducted in abuse. peacekeeper line with in AU, the the above to addition In Civilians of Protection on Guidelines Draft its defned (2010) in peace support operations, ‘activities to refer to civilians of protection the security of the to improve undertaken to the policy organ of the AU and the Member AU organ of the to the policy at However, itself. to defend have State would the requisite lacks ACERWC the this juncture, on a full-time it does not operate as capacity, basis. desire AU as partwill be based in Lesotho of the of the institution to locate various aspects this could result however, the continent; across challenges. in logistical and coordination the reforms, envisioned the and above Over the frst PSO Child deployed has already AU It has also held AMISOM. Offcer to Protection to with the Somali government meetings several Units (CPUs) within establish Child Protection

132

131 Protection Protection Reforms related to Child related Reforms reporting to the African Committee of African Committee of to the reporting the of Welfare Experts and Rights the on Special Envoy AU and the Child (ACERWC) and Conflict; Armed by Affected Children on advice and support technical to Providing bodies. Member States and treaty and integrating and streamlining child child and streamlining integrating and to APSA and reporting into the protection Commission; AU the Chairperson of the of operations day to day the Managing and Architecture Child Protection AU the Strategic direction, oversight, visibility, visibility, oversight, Strategic direction, only the six grave violations against children, violations against children, the six grave only AU but also violations committed where report would ACERWC The missions operate. and oversight. and oversight. that process reform AU in the It is envisaged to responsibility the have would ACERWC the into violations committed conduct investigations not PSOs, AU as part of the peacekeepers by It is unclear what the impact of the amalgamation the and Affairs the Departmentof of Political have and Security would Department of Peace Child of the and framework structure on the responsibility of terms in Architecture Protection • • Protection Architecture Protection is expected Architecture The Child Protection and Security the Peace to be hosted by and implementation of terms in Department, for: bearing responsibility the PSC, • relationship between and among the AUC AUC among the and between relationship institutions bodies, Organs, AU and other child to activities related and mechanisms on protection. Child AU Proposed the of Components Structural Reforms related to child protection are aimed at aimed are child protection to related Reforms at Architecture Protection establishing the Child both the child protection strengthening AU, the the and further strengthen AUC of the focus 7.3.2 56 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN conflict, recognises thefactthatciviliansecurity commitment to the protection of civilians in atinstitutionalisingthe These efforts AU facilitated thecreation ofthe Aide-Mémoire. AU andtheInstituteofSecurityStudies(ISS), of Disputes (ACCORD), with the in partnership African Centre for the Constructive Resolution of protective environments for civilians. The post-conflict situationsthrough theguarantee the civilianpopulationduringconflictsand provides ashared approach totherightsof peacekeepers andhumanitarianactors, which actors, namely relevant government agencies, The Aide-Mémoire (2013)isaguidetoallPoC (POC) The Aide-Mémoire ontheProtection ofCivilians • • • • how the AU designeditsPSOs: response tothecontextual realities inmission. strategiesthat evolvedmilitary over timein complexities associated with political and of the AU’s PSOdoctrinedevelopment and andpracticechallenges between thetheory point of reference toassess theeffcacy and (2007). mandated by theUNSCunderResolution1744 2007andand SecurityCouncilinJanuary mission establishedby the African UnionPeace AMISOM isanactive, regional peacekeeping 7.4 Peace andSecurity Architecture (APSA). and isakey underpinningprincipleofthe African of themandatespeacekeeping operations aspects has becomeoneofthemostimportant peacekeeping missions. Protection ofCivilians is critical to the legitimacy and credibility of environment. the establishmentofaprotective rights-based protection; and protection from physical violence; protection ofthepoliticalprocess; aspart 138 African UnionMissiontoSomalia (AMISOM)

141 The missionprovides anexcellent 140

139

AMISOM is mandated to pursue the following In termsofUNSCResolution2372(2017), 7.4.1 Mandate was appointedinJuly 2018. (SRCC), Ambassador MamanS. Sidikou, who the African UnionCommissionfor Somalia Special Representative oftheChairperson The HeadofMission AMISOM isthe (2014). Kenya (2012), Sierra Leone(2013)andEthiopia Uganda (2007), Burundi(2007), Djibouti(2011), countries contributedtroops to AMISOM: Of the55 African Union(AU) members, 6 which this responsibility is implemented are: (i) component playing arole. The mainways in the wholepeacekeeping mission, witheach Protection ofCiviliansistheresponsibility of 7.4.2 also expressed by theheadofUNSOM. made againstal-Shabaab. This sentiment was to areversal ofthegainsthatmissionhas Security CouncilResolution2372, would lead argue thattheplan, asmandatedunderUN halt inthemission’s troop withdrawal. They countries of AMISOM have allcalled for a Somali securityforces. troops gradually, dependingonthecapabilitiesof and intheinterimbeginreducing thenumber of the deployment of AMISOM until31May 2019, Resolution 2431authorisingthe AU tomaintain In July 2018, theUNSCunanimously approved battle againstal-Shabaabmilitants. Federal Government ofSomaliaforces intheir the ofhumanitarianaidandsupport delivery assist increating asecure environment for the security plan, traintheSomalisecurityforces, governmental structures, implementanational strategic objectives: transitional tosupport 142

Protection ofCivilians (PoC) mandate 145 The troop-contributing The 143

144 146

7 CONTINENTAL DESK REVIEW AND FINDINGS 57

156 The 152 SAVE THE CHILDREN SAVE

154

Most notably, the CPA has improved improved has CPA the notably, Most 153 155 Somali, AU, and UN agencies responsible for for and UN agencies responsible AU, Somali, AMISOM that and ensured children; protecting do not conduct operations with Somali forces and use children. that recruit security forces building and the mainstreaming of child child of mainstreaming the and building and activities of in the operations protection AMISOM. Focal Protection Child the of tasks key The with appointees includes coordination Point in the protection involved all stakeholders as the as well children, especially of civilians, of in the process identification of children and handover. capture and a half years of the After the frst two AMISOM, within CPA the of deployment has been made in considerable progress and the rights of Somali children protecting child of and use the recruitment preventing soldiers. to violations by the reporting of and response established impunity; reducing AMISOM troops, the throughout points focal protection child toll-free established an anonymous mission; sexual reporting conflict-related line for phone between coordination increased violence; recognized as key vulnerable groups that beneft that groups vulnerable as key recognized strategy of mainstreaming AU the from directly mission. in all activities of the of PoC to (CPA) Advisor The frst Child Protection in collaboration in 2015, AMISOM was deployed and UNICEF. Initiative with the Dallaire the AMISOM to strengthen within works CPA mission the rights by of children’s protection training, and its partners in Somalia through and coordination. advising, advocacy, Advisor functions within The Child Protection and Human Rights, Protection, the mission’s Gender section (PHRG) to lead the capacity

151 148

147 The PoC strategy and the The PoC 149

150 mechanisms Child protection Child protection Protection of children forms part forms of the broader of children Protection framework. AU within the framing of PoC and regarded are women and Children protection as a key raison d’être of AU PSOs. AU of raison d’être as a key protection 7.4.3 structure of AMISOM’s civilian component civilian component AMISOM’s of structure gender and protection rights, human a includes the mission also established In 2016, cluster. and Analysis Tracking, a Civilian Casualties an which represents Response Cell (CCTARC), civilian important reinforcing mechanism for operations. operations. introduced tasks were PoC The mission’s strategy, the mission-wide PoC through and later PSC in 2013, AU the by approved the In addition, iterations of its CONOPS. implementation plan draws from the Draft AU AU the Draft from implementation plan draws documents policy other Guidelines and PoC project, PoC the under developed being contextual and specific as provide as well contributing towards AMISOM, guidance for into its considerations PoC mainstreaming the responsibility to contribute to the protection protection the to contribute to responsibility of of the civilian population at risk in the areas of the mission- The development its operation. AU the by strategy was approved specifc PoC PSC in June 2013. instead had a set of rules of engagement that instead had a set of certain in situations, force of use the for allowed to civilians under protection such as affording violence. of physical imminent threat had an obligation to the mission Nevertheless, the and operations its in IHL uphold and respect (ii) Providing Physical Protection, (ii) Establishing Protection, Physical (ii) Providing Environment. a Protective an explicit mission- AMISOM, At the inception of The mandate was not developed. specifc PoC and PoC of mention specifc lacked mandate Protection through dialogue and empowerment, and empowerment, dialogue through Protection 58 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN 7.4.4.1 measures againsterring offcers. in themissionarea andtotake disciplinary investigate allegationsofseriousmisconduct is theinstrumentthat AMISOM deploys to issues that arise in the mission area. The BoI platform ischargedwithhandlingdisciplinary investigative, administrative andquasi-legal (BoI),The Board ofInquiry AMISOM’s 7.4.4 against children. to prevent and address all forms of abuse to theimplementationofeffective mechanisms all itsoperations and asamission commits itself in 2014 to ensure thatnoviolationtakes place in developed anactionplanonChildProtection to “zero tolerance for childabuse, AMISOM ofgivingeffect toitsstatedcommitment As part 7.4.3.1 Force Headquarters. (PHRG) ofthemission, basedatthe AMISOM the Protection Human Rights and Gender Unit and Security Council in 2016. It is located in under theauthorityof African UnionPeace Response Cell (CCTARC) was established A CivilianCasualty Tracking, Analysis, and AMISOM Accountability iiin CasualtyTracking,Civilian Mechanisms Child Protection AMISOM Action Planon (CCTARC) Analysis, andResponseCell 157

158 over theyearsofmission’s existence. contention duetoalackofdatacollected attributed to AMISOM remains apointof The number ofdeathsthatcanbedirectly security andstabilityinthecountry. Government ofSomaliatorestore peace, of civiliancasualtiesandtohelptheFederal the Somalipopulation, reduce theincidents CCTARC isapreventative measure toprotect through acomprehensive electronic database. casualties withinthemission’s area ofoperation eventsreported andincidentsofcivilian controlled by AMISOM tocapture andrecord The CCTARC isamissionspecifcmechanism conclusions. any hard evidence tosubstantiatethereport’s organs, suchastheBoI, withoutpresenting out by the AU Mission’s internalinvestigative report ignored conclusive investigations carried signifcant misrepresentations andthattheUN fndings andarguedthatthereport contained that sameperiod. roughly 1,200 - were killed by al-Shabaab during causalities over ayearandhalfwhereas 60%- 2017) were 4%or178ofthetotal civilian to AMISOM for theperiodunderreview (2016- Somalia (UNSOM)report, civiliandeathsdue According toaUN Assistance Missionin 163 162 The AU rejected theUN’s 160 161 159

1 LIST OF ACRONYMS LIST Save the Children Somalia

SAVESAVE THETHE CHILDRENCHILDREN 5959 8 Regional Economic Communities/Regional Mechanisms (RECs/MCs)

165 8.1 Eastern Africa Standby Force 8.1.2 Mandate of the EASF (EASF) Article 13 of the Protocol relating to the establishment of the Peace and Security Council 8.1.1 Background and Context of the African Union (AU), signed in 2002, directs The Eastern Africa Standby Force (EASF), the EASF to carry out the following functions: formerly the Eastern Africa Standby Brigade • observation and monitoring missions; (EASBRIG), was established in 2007 as one • other types of peace support missions; of fve regional mechanisms of the military • intervention in a Member State in respect component of the AU’s overall continental of grave circumstances or at the request of peace and security architecture. Established to a Member State in order to restore peace address threats to peace and stability in Eastern and security, in accordance with Article 4(h) Africa and the Horn of Africa, the EASF reached and (j) of the Constitutive Act; its full operational capability (FOC) in 2016. • preventive deployment in order to prevent a dispute or a conflict from escalating, an The EASF has a broad ranging membership on-going violent conflict from spreading in terms of geographic location and regional to neighbouring areas or States, and the organisations with overlapping memberships. It resurgence of violence after parties to a comprises larger member states (Sudan, Ethiopia conflict have reached an agreement; and Uganda), coastal countries in the Horn of • peace-building, including post-conflict Africa (Djibouti, Somalia and Kenya), small disarmament and demobilization; landlocked Central African states (Rwanda and • humanitarian assistance to alleviate the Burundi), and island states (Seychelles and the suffering of civilian populations in conflict Comoros). South Sudan has been given observer areas and support efforts to address major status, with a view to assuming full membership natural disasters; and in the future.164 • any other functions as may be mandated by the Peace and Security Council or the The role of the EASF stretches into countries that Assembly. are members of the East African Community (EAC), the Inter-Governmental Authority on The detailed tasks of the EASF and its modus Development (IGAD), and the International operandi for each authorized mission are Conference on the Great Lakes Region (ICGLR). considered and approved by the Peace and As such, the EASF straddles political and security Security Council upon recommendation from related dynamics of three regions: the Horn of the AUC. Africa, East Africa, and Central Africa.

60 SAVE THE CHILDREN 8 REGIONAL ECONOMIC COMMUNITIES/REGIONAL MECHANISMS (RECS/MCS) 61 SAVE THE CHILDREN SAVE of civilian activities, giving legal advice, giving legal advice, of civilian activities, executing the public and media, informing observation, and management electoral as dealing with all matters of civil as well of protection and protection, child affairs, a civil This component is led by civilians. The Military Component of the PLANELM on force focusing since 2004, has been active planning and pre-deployment preparation is component the of head The EASF. of a of a Chief of Staff, designated at the level military offcer or Colonel. Component of the PLANELM The Police with tasked and is 2008 established in was Police functioning fully a of development the out in Eastern PSOs carried Component for The head African region. other Africa or any at the level designated this component is of of Police. Assistant Commissioner of The Civilian Component of the PLANELM was established in 2008 and undertakes the planning of most civilian functions and ComponentCivilian The PSO. a in procedures of all the management for is responsible coordinating and planning affairs, political Heads of Components who lead respective respective lead who Components of Heads of Staff coordinates a Joint Chief components, components. all three • • • and multidimensional full-time planning planning full-time and multidimensional Kenya. headquarters”Nairobi, based in is to establish a Force main function PLANELM’s for preparation of planning and that is capable Support Operations (PSOs) complex Peace scenarios. in the six EASF mission for provided with concept development, is tasked PLANELM mission reconnaissance, training coordination, employment deployment, mounting, planning, the for/of as recovery well as and sustainment, and Civilian Component. Police, Military, police and a military, PLANELM comprises civilian component with personnel appointed to the In addition the EASF member states. by EASF Decision Making EASF Decision Structures Organs and Organizational Structure Organizational the EASF Planning Element (PLANELM) in the EASF Planning Element (PLANELM) Kenya. Nairobi, The EASF logistical base (LOGBASE) and the EASF Headquarters both co- (HQ) are located Ababa, Ethiopia. in Addis The EASF Secretariat is co-located with is co-located with The EASF Secretariat Defence and Security Defence of Chiefs of Africa Committee The Eastern Staff (EACDS) Defence coordination EASF Secretariat: EASF The mechanism The Assembly of Eastern Africa Heads of of Heads Africa of Eastern Assembly The State and Government Africa Council of Ministers of The Eastern Planning Element (PLANELM) of the Planning Element The “multinational EASF is constituted as a Council of Ministers, and to mobilize fnancial Council of Ministers, in collaboration with the and other resources It also manages RECs and other partners. AU, and information, disseminates Fund, EASF the activities. out public relation carries and Peace Operations Department), who are are who Operations Department), and Peace Defenceof Ministers the Council of by appointed is mandated to The Secretariat and Security. and review develop implement all EASF policies, the by EASF policy documents to be approved The Eastern Africa Standby Force Secretariat Secretariat Force Africa Standby The Eastern for secretariat (EASFSEC) serves as the executive all EASF activities coordinating the organisation, States in consultation with concerned Member Heads and a Director It is led by AU. and the Administration, Departmentsof and (Finance • The EASF is further of four main composed two over split which are sets of structures, Ababa (Ethiopia) and Addis namely locations, (Kenya). Nairobi • • • 8.1.3.1 • • 8.1.3 62 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN commander oftheHQ. EachMemberState AU isresponsible for theappointmentof the Peace andSecurityCouncil (PSC)ofthe the AU. Ifthe AU mandatesthedeployment, either mandatedby the Assembly ofEASFor headquarters. The deployment oftheEASFis to prepare thestructure andplansfor amission HQ works inclose collaboration with PLANELM operational control oftheBrigade. EASFForce Union (AU) or United Nations assumes the states. In the event of deployment, the African and civilianstaffsecondedby theEASFmember Ethiopia. The Force HQiscomposedofmilitary “Standby Brigade”. Itissituatedin Addis Ababa, arm of the multidimensional forcemilitary -the preparation andoperationalcommandofthe forfunctions as the command both headquarters The EASFForce (EASFForce Headquarters HQ) (EASFForce HQ) Force Headquarters the regional contingents oftheForce inPeace mentions sixscenariosfor thedeployment of of the African Standby Force (ASF)(May 2003) The Policy Framework for theestablishment Mission scenarios control ofthe African Union. base performs under the mandate and direct and operationsoftheForce. Ifnecessary, the maintained andprovided for purposesoftraining and otherresources totheLogisticsBasebe Member States dispatch personnel, material store andmanagethelogisticalinfrastructure. procedures of the Force - that is to maintain, functions as the central base for all logistical Addis Ababa, Ethiopia, theEASFLogisticsBase Co-located withtheStandby BrigadeHQin Logistics Base(LOGBASE) period oftwo years. seconds offcerstotheEASFForce HQfor a states for aminimum periodofoneyear. the PLANELMare secondedby themember experience. The rest of the personnel for withtherequiredservant qualifcationsand • • • • • and resources for deployment andsustainment. complexity ofstructures, managementefforts, Operations (PSOs),Support ascending in their Contributing Country (TCC)isexpectedto Contributing Country under thenationalambit. The national Troop- peacekeepers deployed on amissionfalls Accountability for violations causedby Accountability andpeacekeeping and multidimensional force. sustainment, andrecovery of amultinational how to plan force generation, deployment, was totestEASF’s operationalreadiness on States tookpart. The purposeoftheexercise drawn from1,029 participants the10Member Peace Operations (PSOs). Support A total of staff toensure effective execution ofcomplex Capability of the EASF Mission Headquarters’ at developing the Planning and Operational (IMPC) in November 2017. The course aimed and anIntegratedMissionPlanningCourse theFTX-17feldtrainingexercise/sundertook (FOC) inNovember 2014. Recently theEASF The EASFreached fulloperationalcapability 8.1.4 • missions, includingthoseinvolving low-level complex multidimensional peacekeeping Scenario 5 deployment missions(andpeace-building) force for Chapter VI andpreventive Scenario 4 mission observer Scenario 3 co-deployed withaUNmission Scenario 2 a politicalmission Scenario 1 community doesnotactpromptly genocide situationswhere theinternational Scenario 6: spoilers East African Standby East African readiness for deployment Force (EASF)-Stateof : adviceto AU/Regional military : AU/Regional mission observer : AU peacekeeping force for :peacekeeping AU/Regional : Stand-alone AU/Regional: AU intervention, e.g. in 8 REGIONAL ECONOMIC COMMUNITIES/REGIONAL MECHANISMS (RECS/MCS) 63

168

166 SAVE THE CHILDREN SAVE The Vice President and the following 7 and the following President Vice The 167 African States (ECOWAS) Economic Community of West Economic Community Political Affairs, Peace and Security Peace Affairs, Political Movement Customs and Free Trade, Administration and Finance Resources Water and Agriculture and Gender Human Development Infrastructure Policy Macroeconomic • • Togo. arms of governance is made up of three ECOWAS and the the Legislature the Executive, namely, is the The head of the organization Judiciary. Authority of Heads of State and Chairman of other Heads who is appointed by Government, a period the affairs for of State to oversee for responsible is Authority The year. one of of the Community and control general direction and meets at least once a year. at the top of below, the fgure in As shown branch is the Commission of the Executive by appointed a President headed by ECOWAS, period of 4 a non-renewable for Authority the years. Commissioners assist the President: • • • • • supported by all 10 EASF member states. The The supported states. all 10 EASF member by and curriculum adopted the training EASF has programme. Ugandan training used it in the 8.2 8.2.1 Introduction African West of Community Economic The 1975 in May was created States (ECOWAS) the across economic integration to promote are: states 15 member The current region. d’Ivoire, Côte Verde, Cape Burkina Faso, Benin, Liberia, Guinea-Bissau, Guinea, Ghana, Gambia, and Leone, Sierra Senegal, Nigeria, Niger, Mali, Training in child protection Training Save the Children since 2013 on a programme a programme on since 2013 Children the Save on to implement harmonised training standards The collaboration the EASF. for Child Protection was Children the Save and EASF the between Peace Support Trainers Association (APSTA), Association (APSTA), Trainers Support Peace Rwanda Peace Support School, Ethiopia Peace School, Training Support Peace Sudan Academy, and the Forces, Defence Uganda Peoples’ (AMISOM). Somalia in Mission Union African in partnership withThe EASF has been working role of convening several institutions currently institutions currently several of convening role on training and building capacity in involved issues including representatives child protection Training Support the International Peace from Africa Southern (IPSTC) in Nairobi, Centre African (SADC), Community Development accompanied by a training toolkit for personnel a training toolkit for accompanied by serving to vulnerability in PSOs on issues related during conflict. of children the added played The launch of the curriculum missions. This programme constitutes the frst This programme missions. on the curriculum harmonised child protection part forms the of curriculum new The continent. The of the EASF. capacity building programme protecting towards design is geared curriculum during conflict and is of children the welfare Operations (PSOs) in partnership with Save the partnershipOperations (PSOs) in with Save objective The 2017. in International Children child- is to promote of the training curriculum PSOs and EASF personnel practices to friendly of PSO role protective and enhance the in peacekeeping personnel during deployment in compliance with national standards. in compliance 8.1.5 the Child Protection The EASF launched Support in Peace Curriculum Training lead the investigation and mete out discipline mete out discipline and lead the investigation 64 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN Administration and ECOWAS bankfor Water Resources Agriculture and Investment and Development Finance Infrastructure 7 Commissioners Vice President Commission ECOWAS Executive 7 Commissioners Macroeconomic State andGovernment Authority ofHead Policy Chairman ofthe Development and Gender Speaker ofthe Community Legislature Parliament Human Parliament Secretary General Peace andSecurity Trade, Customs Political Affairs, Chief Registrar Community Movement Judiciary President and Free Court of Court 7 Judges Justice 8 REGIONAL ECONOMIC COMMUNITIES/REGIONAL MECHANISMS (RECS/MCS) 65 173 SAVE THE CHILDREN SAVE 172 The operational arm consists The 174 Architecture within Architecture ECOWAS Peace and Security and Security Peace Peacekeeping and Security’. This mechanism mechanism This Security’. and Peacekeeping conflict the sub-region’s sought to strengthen resolution and management prevention, peacekeeping, as build effective as well capacity, humanitarian support and peacebuilding ‘Mediation and It established a capabilities. cally, the treaty the treaty Specifcally, and intra-state conflicts. “the establishment of a regional for provides peace and security observation system and appropriate”. where forces peacekeeping 8.2.2 the Offce Commission, Within the ECOWAS Peace Affairs, Political for Commissioner the of peace for is responsible and Security (PAPS) the Directorate and security issues through Operations and Regional Keeping of Peace the Directorate as overseeing Security as well and Monitoring Centre Warning Early for (ECOWARN). is which (ESF), Force Standby the ECOWAS of Force Standby African of the building block a APSA. (ASF) under the was the The frst landmark security protocol ‘Mechanism for the to relating 1999 Protocol Resolution, Management, Prevention, Conflict The Gambia to accept electoral defeat and and defeat electoral accept to Gambia The able were forces ECOWAS power, relinquish using by The Gambia democracy” in “restore to actual using any without of force the threat violence. physical quite a of development the saw 1990s The facilitate to architecture formal impressive supportpeace operations, peacekeeping, regional The interventions. management conflict and (1993) conferred of ECOWAS Treaty Revised and on ECOWAS the status of supra-nationality the with cooperate to States Member commits mechanisms to ensure to reinforce Community of inter and resolution prevention the timely 8 7 35 Seats 6 each 5 each 170 Parliament Parliament The following table shows the the shows table following The 169 More recently, in January 2017, ECOWAS, ECOWAS, January in 2017, recently, More Benin, Cape verde, Cape verde, Benin, Guinea-Bissau, Gambia, Leone, Sierra Liberia, Togo Nigeria Ghana Cote d’Ivoire Niger, Mali, Burkina Faso, Senegal Member State 171 mediation at attempts unsuccessful following of Jammeh with the incumbent President the 1990s—particularly in Liberia (1989–97 the 1990s—particularly in Liberia (1989–97 Leone (1991–2002), Sierra and 1999–2003), and Guinea-Bissau (1998–99)—called for urgent interventions to stop mass atrocities, and state property of destruction killings, society. of collapse total the and institutions, laws, protocols and conventions. and conventions. protocols laws, ECOWAS an economic union, Though primarily to to step into the security realm was forced of domestic wars. the regionalisation avoid conflicts in of and complexities intensity The Court of Justice, chaired by a President. The The a President. by chaired Court of Justice, who handles the administrative Court Registrar, supportthe with functions professionals, other of the The Court ensures assists the president. and application of Community interpretation The judicial branch consists of the Community rest are shared in proportion to each country’s to each country’s in proportion shared are rest population. state: seats of each member Community Parliament, chaired by the Speaker the Speaker by chaired Parliament, Community is the Secretary-General, the Speaker and below administrative the for responsible is who The Parliament functions of the institution. Member the 15 which represent has 115 seats, 5 seats and the Each of them has at least States. The legislative branch is made up of the the of up made is branch legislative The 66 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN independently asitdidinthepast. provisions initsframework toenableitact any intervention, even though there are approval ofthe AU andtheUNbefore starting enforcement troops. ECOWAS requires the security andthedeployment ofpeacekeeping/ makes decisionsonmattersofpeaceand Ministers ofForeign Affairs and Ambassadors, made up of Heads of State and Government, The MediationandSecurityCouncil(MSC), 8.2.2.1 of supra-nationalityintothesystem. clearly amountstointroducing astrong element is overthrown orwillbeoverthrown”. where a democratically elected government permits theCounciltobeactive “when and authorises allforms ofintervention. 25 Article Member States). in interventions sanctions (including military rule uponallrequired measures andpossible Member States able to decide with majority Security Council’ (MSC) made up of nine tolerance for power obtained by unconstitutional requirements for MemberStatesincluding “zero governance. It explicitly formulates democratic towards issuesofhumansecurity andgood demonstrates apolicyshiftwithinECOWAS ‘Democracy andGoodGovernance’, embodied inECOWAS’ 2001 Protocol on The preventative focus ofECOWAS isalso recommendations totheMSC. out thedetailsofanoperationandmake defence chiefs and security technocrats work and SecurityCommission(DSC)madeupof to ECOWAS and Nigeria and a Defence with dual accreditationAmbassadors (CA) To facilitatetheMSC’s work, aCommitteeof a two-year periodwithnopermanentseats. and comprisesninestatesthatare electedfor Membership totheMSCisonarotational basis Council (MSC) The MediationandSecurity 175 10oftheProtocolArticle 177

178 176 which This ECOWAS’ ConflictPrevention Framework the November 2010Ivorian elections. recognising Alassane Ouattaraasthewinnerof The regional bodyalsotooktheboldstepof Niger were coups. suspendedfollowing military democratic principles. For example, Guineaand who have displayed blatant disregard for has alsobeentoughonsomeofitsmembers be improving across West Africa. ECOWAS sub-region, governance generally appears to there are stillcasesofbadgovernance inthe government isunderlinedin 45.Article Whilst case ofcoupsagainstademocratically elected means.” coordination amongst various departments earlier security mechanisms – the failure of document thataddresses akey limitationof The ECPFisacomprehensive framework played key roles withinthisarchitecture. Network on Peacebuilding (WANEP) have on Small Arms (WANSA), and the West African Forum (WACSOF), the West African Network Society Architecture.Civil The WestAfrican feature oftheECOWAS Peace andSecurity Engagement withcivilsocietyisanencouraging constituted. In 2015, the Secretariat of the ECPF was and participative monitoringand evaluation. the AU, UN, MemberStatesandcivilsociety, peace andsecurityefforts, cooperationwith ECPF callsfor resource mobilizationtosupport Standby Force. To enableitsimplementation, the as well asEarly Warning andtheECOWAS spectrum ofareas thatenhancehumansecurity, through asetof14componentscovering abroad and peacebuilding. These aimsare tobeachieved mechanisms responsible for conflictprevention existing initiatives ofECOWAS institutionsand conflict prevention capacity and integrate architecture. Itaimstostrengthen ECOWAS’ (ECPF), 181 179 ratifedin2010, re further fnesthis inthe The possibilityofintervening 180 183

182

8 REGIONAL ECONOMIC COMMUNITIES/REGIONAL MECHANISMS (RECS/MCS) 67

K o fi in Accra, in Accra, SAVE THE CHILDREN SAVE National Defence College National Defence

187 ECOWAS Standby Force Standby ECOWAS However, due to competing national However, The ESF attained readiness in 2015 in 2015 The ESF attained readiness 189 188 modules consistent with UN standards that that standards UN with consistent modules of Centres designated three in delivered are signed MOUs all of which have Excellence, The with ECOWAS. Nigeria is the strategic centre; Abuja, in Centre Annan International Peacekeeping Nigeria. It includes a rapid reaction Task Force Force Task reaction It includes a rapid Nigeria. the capability to which has of 1,500 troops entire the whilst days, 14 within deployed be within 90 days. brigade could be deployed MOU Despite the absence of a formalised is a strong there States, its Member between members to provide ECOWAS commitment by troops. such steps to maintain to take and it continues has that REC only the is ECOWAS readiness. a partialundertaken self-fnancing of its security and a levy a dedicated budget through forces system. to failed have states of number a priorities, on rely to ECOWAS forcing thus levy, this apply security its peace and fund external donors to mechanism. ASF and is under partThe ESF forms of the enhance To AU. of the the operational control operational tactical and strategic, force’s the implements a training ECOWAS readiness, of a series of specialised consisting programme broadening the number of actors involved in in involved actors of number the broadening government from gathering away information responses ensuring national actors and Agency for ‘National a of the creation through Response’. 8.2.2.3 Background and Defence the ECOWAS In June 2004, as ECOMOG renamed Security Commission is The force (ESF). Force Standby the ECOWAS trained soldiers drawn made up of 6,500 highly two around national units and structured from led battalion western one infantry components, led by and one eastern battalion Senegal, by It identifes what one 184 rst time the frst time This represents Moreover, reforms are currently currently are reforms Moreover, 185 186 Early Warning and Response and Warning Early (ECOWARN) Network underway to address challenges experienced challenges experienced to address underway of the unwillingness of governments as a result through gathered information the on act to in the right direction. However, the placement However, in the right direction. a of one of the observatories in Burkina Faso, countrysupporting for notorious insurgencies could impair the ability of the in the sub-region, observatory to gather and disseminate critical information. into conflict and present appropriate threat threat appropriate into conflict and present four from The reports analysis. perception the zones inform geographical different and the MSC Commission President ECOWAS on focus The strategies. response devising in response is a step and early conflict prevention with a regional observation network and observation and with a regional network These observatories undertake observatories. observation of social, and analysis risk mapping, sub- in the situations political economic and degenerating of potential the have which region, that a link has been established between the the between established been has link a that Africa. West in approaches two 8.2.2.2 warning system has been established An early of the ECOWAS Standby Force; and (ii) and (ii) Force; Standby of the ECOWAS as part of peacebuilding structural prevention and political of promotion the as such activities, or socio-economic institutional governance development. insecurity in the region. to approaches as two commentator describes prevention, (i) operational conflict prevention: warning/actions, of early which entails the use diplomacy preventive conciliation, mediation, deployment the preventive if necessary, and, Member States responsible for peace and peace and for States responsible Member a provides also It programming. security of conflict conceptual understanding strong goes beyond the prevention which prevention, addressing to violence of outbreak imminent of of conflict and human the fundamental causes and institutions within ECOWAS and and within ECOWAS and institutions 68 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN management course. Police Componentof theESF, amiddle-level informs thecommencementoftraining Excellence outlineda Training Plan, whichnow Member States and Training Centres of 2014. Police from training experts ECOWAS was carried out on policepersonnelfrom 2013- the Training Needs Assessment Exercise that to 27 March 2015 to validate the f ESF conducted a workshop in Abuja from 25 component, thePolice PlanningElementofthe In termsofcapacitybuildingfor thepolice this training. In November 2017, 40ESFmembersreceived Rights Law intoESFtrainingandoperations. Humanitarian Law and International Human 5-day workshop to incorporate International ECOWAS collaboratedwiththeICRCona April 2015in Abuja, Nigeria. InOctober2016, Planning Coursewasconductedfrom 13to24 tactical centre. A Peace Operation Support du MaintiendelaPaix Ghana istheoperationalcentre; while a simulated ECOWAS/AU-mandated PSO. Command andControl ofdeployed forces on for multidimensional operations and to exercise to conductstrategicandoperational planning assess thefulloperationalcapabilityofESF a Command Post Exercise (CPX)–JIGUI IV to July 2018, the ESF was expected to undertake Amani Africa IIinOctober-November 2015. In Western Accord 15inJuly 2015andExercise Benin in April 2010. inExercise Itparticipated Mali, June 2008; and ‘Operation Cohesion’in 2007; the Command Post Exercise in Bamako, Battalion Exercise in Thies, Senegal, December and December2007respectively; the West Exercise inDakarand Accra inJune2006 Some oftheseincludetheCommandPost and harmonise strategies andequipment. to enhancethepeacekeeping capacityoftroops ECOWAS exercises hasalsoorganisedmilitary inBamako, Maliisthe ndings of l’Ecole out ofopposingpositions, whichfallalongthe unity onissuesofpeaceandsecurityoftenarise of theirregional body. Challenges ofreaching dynamics between MemberStatesandtheuse and securitymattersdependlargely onthe decades. Decision-makingprocesses onpeace inarangeofconflictsthelasttwointervene used thevariousinstitutionsandtoolsto of normviolationandhasalsoeffectively inthecase intervention States withmilitary organisation thatregularly threatens Member ECOWAS continues tobetheonly regional expected tobeconductedin2019. However, thistrainingwaspostponedandis 3,411 Niger, Senegal, and Togo, approximately 1,200troops from Benin, Ghana, The ECOWAS force, which originally comprised ECOWAS missioninCôted’Ivoire (ECOMICI) completed on30March 2018. in Liberia)aspeacekeepers. The mandatewas reassigned toUNMIL(UnitedNationsMission October 2003, atwhichtimethese troops were a UNInternationalStabilisationForce from 1 UNSC approved conversion of ECOMIL into Guinea-Bissau, Mali, Senegal, and Togo. The troops from Nigeria, Benin, Gambia, Ghana, Monrovia from 9September2003, with3,563 Liberian Civil War. Itbegandeploying outside ECOWAS toLiberiaattheendofSecond ECOMIL wasapeacekeeping force sentby ECOWAS (ECOMIL) missioninLiberia ECOWAS ledby Interventions Recent PeaceSupport a fairly strong andprincipledresponse. uphold unifedpositionspublicly andcanhave States, totheoutside, ECOWAS managesto of these tensions between ECOWAS Member having different interests. Yet, despitesome cultural-linguistic divideoronthebasisof 192 andtasked tokeep factionsofthecivil 191 wasincreased to 190

8 REGIONAL ECONOMIC COMMUNITIES/REGIONAL MECHANISMS (RECS/MCS) 69 198

It has also It has also 201 SAVE THE CHILDREN SAVE 200 there is nonetheless nonetheless is there 199

196 In 2009, ECOWAS adopted a Child adopted ECOWAS In 2009, In this regard, the policy strives to to the policy strives In this regard, 195 197 and sustainable development. Inter-Regional adopted the ECOWAS/ECCAS fcking in Persons Traf to Combat Agreement and Children. Women especially and reintegration into the society when released released into the society when and reintegration or armed groups. armed forces from little tool, useful a is Policy Child the Whilst to ECOWAS has been made by progress Member by monitor implementation progress as it contains particular as much Further, States. in of children the protection for provisions for its scope to room is there armed conflict, of children be expanded beyond the recruitment whilst the Policy Similarly, as armed soldiers. in forces security of training to refers only law, refugee and IHRL an opportunity its scope to incorporate a for focus. child protection broader to adopting the Child Policy, In addition on the adopted a Declaration ECOWAS of the Rights of the Decade of the Culture Africa (2001-2010) which affrms West Child in of the in the future of children the critical role in that investing and acknowledges region, security stability, peace, will ensure children War-Affected Children in 2000. It established established It in 2000. Children War-Affected and unit in its secretariat a child protection war-affected action for for agenda endorsed an Summit at the ECOWAS Africa West in children in 2003. period the for an action plan as well as Policy, 2009-2013. as one of its goals, contains, The Child Policy violence and from of children the protection from protected are ensuring that children armed or into the armed forces recruitment groups. of protection the to approach a regional develop protection during conflict and to their children 194

193 and Focus on Child and Focus within Protection ECOWAS Normative Framework Framework Normative institutions, including through the adoption of including through institutions, on Action of Plan and Declaration Accra the 8.2.3 progressively ECOWAS 2000s, In the early into its policies and integrated child protection primarily from Senegal, Ghana and Nigeria Ghana and Nigeria Senegal, from primarily intervene. to ready were and Gambia entered coercive focused of regionally the use Through averted. violent conflict was diplomacy, ensure a constitutional change of government. a constitutional change of government. ensure Whilst initial efforts to persuade Jammeh to undertaken they were diplomatic, were leave of military against a background preparations so that when Jammeh missed a ECOWAS by forces ECOWAS deadline on 19 January 2017, (MINUSMA), and AFISMA was transformed into AFISMA was transformed and (MINUSMA), 2013. a UN mission on 1 July Intervention (2016-2017) Gambia in the ECOWAS the states in ECOWAS, key With leadership from to UN the and AU the with together came REC Guinea, Liberia, Nigeria, Senegal, and Togo) and Togo) and Senegal, Nigeria, Liberia, Guinea, JanuaryAFISMA between Chad served under the UN Security Council before and June 2013, Multidimensional a of the creation approved Mali Mission in Integrated Stabilisation ended in June 2017. African-Led International Support Mission in Mali (AFISMA) (2013) ECOWAS eight from forces 6,000 Approximately Ghana, d’Ivoire, Côte Member States (Benin, Marcoussis Agreement was implemented. In In implemented. was Agreement Marcoussis d’Ivoire UN Mission in Côte the 2003, May the complement up to set was (MINUCI) forces. ECOWAS and French existing mission of the by was replaced MINUCI April 2004, On 4 which (UNOCI), d’Ivoire UN Operation in Côte war separated while the Januarywar separated 2003 Linas- 70 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN realities aswell asemergingchallengesin of its strategicdocuments due to the changing 2015, theESFhasinitiatedreview ofsome According totheECOWAS forAnnual Report Good Governance, andthe Codeof Conduct. laws, theECOWAS Protocol onDemocracyand under internationalhumanitarianlaw, national in relation torelevantof themilitary provisions for theregulation oftheconductandoperations and peoplewithdisabilities. 17providesArticle in need, includingwomen, children, theelderly, protection, refuge and assistance to all persons and securitypersonneltoprovide adequate ECOWAS in2011. in Services West Africa, which wasadoptedby Conduct for the Armed Forces and Security has sought to bridge this gap is the Code of peace-keeping missions. Onedocumentthat conduct expectedofpersonneldeployed in on children and armed conflict or on the and generaltermswithoutaspecifcfocus areas ofchildprotection, thisisdone in broad Whilst theabove documentsaimtohighlight range ofsub-regional organisations. toleveragepartnerships thetoolsofabroad instruments andmechanismscreating new there-establishmentsupporting ofmany ofthe progresscommitted tocontributefurther by recognised theadvancesmade by ECOWAS and 2018,annual report in January the SRSG-CAAC other key documents. Inthepresentation ofits child protection focus intotheESFDoctrineand presents toinfusea awindow ofopportunity Force GenerationPolicy Guidelines. Terrorism Doctrine, ESFLogisticsConceptand for theESF, Proposed ECOWAS Counter Doctrine, OperationalFramework andSOPs the region. These documentsincludetheESF 202 7requiresArticle armed 205

204 This 203 203

Madagascar, Malawi, Mauritius, Mozambique, Republic ofCongo, Eswatini, Lesotho, States: Angola, Botswana, Comoros, Democratic Economic Community comprising16Member Development Community (SADC)isaRegional binding arrangement. States from alooseassociationintolegally the basis of cooperation amongMember adoption of the SADC Treaty which redefned 17 August 1992in Windhoek, Namibiawiththe The SADCCwastransformed intoSADC on 8.3.1 Introduction 8.3 of theOrgan, however this canonly bedonein direction andtheachievement oftheobjectives the Organisresponsible for theoverall policy restricted to one yearonly. The Chairperson of chairperson oftheOrganfor atermoffce states, the annual SADC Summit elects the and collective ownership amongstmember Committee (IPDC). To encourage accountability and theInter-State Politics andDiplomacy State Defence andSecurityCommittee(ISDSC) issues. Itcomprises two committees: theInter- states coordinate peace, defence andsecurity presents aframework uponwhichmember state conflict by peacefulmeans. prevent, containand resolve interand intra- peace andsecurityintheregion, andto Security Cooperation, is aimedatpromoting 2001 SADCProtocol onPolitics, Defence and The OPDSC, provided for under 2ofthe Article 8.3.2 development and ensuring peace and security. within Southern Africa through economic regional integration andpoverty eradication Zambia and Zimbabwe. Itis committed to Namibia, Seychelles, South Africa, Tanzania, Southern AfricanDevelopment Community (SADC) The SADCOrganon Co-operation (OPDSC) Politics Defence Security 206 The Southern African Southern The 208 The OPDSC OPDSC The 207

8 REGIONAL ECONOMIC COMMUNITIES/REGIONAL MECHANISMS (RECS/MCS) 71

SAVE THE CHILDREN SAVE 218

The SADC Regional Regional SADC The 215 216

Development of Development Doctrine Peacekeeping 217 deploy largely depends on the availability availability the depends on largely deploy to qualifed and ready of experts who are special In this regard, participate in PSOs. of process the to given been has attention SADC of the Roster Civilian the populating Standby African as also known Force Standby guidelines, standard operating procedures operating procedures standard guidelines, and logistics concepts. been has (RPTC) Centre Training Peace-Keeping build continually and enhance to mandated of the SADC Standby PSO capacity regional is an integrated unit Centre The (SF). Force through coordinated are operations whose Organ Directorate SADC Secretariat the in close collaboration with the and works joint SADC Planning Element in pursuing their mandate. (PLANELM) Planning Element SADC SF The of planning is charged with the responsibility as as well peace missions and exercises for capacity civilian the preparing generating and In and SADC PSOs. AU potential needed for has PLANELM the objective, this achieve to order been undertaking to enhance activities in order fully consequently and capacity build awareness, operationalize the component. of the Civilian Component to The readiness deployment. To ensure full operationalization of full operationalization ensure To deployment. awareness of series a Component, Civilian the SADC in conducted been have workshops been have These workshops Member States. SADC SF Secretariat/ the SADC organized by civilian among awareness PLANELM to raise of experts on the role in the SADC Region Support also Operations and civilians in Peace encourage experts members of the to become SADC SF Civilian Roster. 8.3.4.2 developing of the process in SADC SF is The operational and updating a common doctrine,

213

210 Article 3 of the 212

214 209 SADC-SF State of Readiness Development Community Community Development (SADC SF) Force: Standby Southern African SADC Secretariat

211 Capability (FOC) in July 2016. The SADC The SADC 2016. Capability (FOC) in July that all components, has ensured Secretariat for ready police and civilian are military, element co-located at the SADC secretariat in element co-located at the SADC secretariat Botswana. Gaborone, 8.3.4.1 Operational Full attained SADC-SF The Force’s main function is to participate main function in peace Force’s Article13 of supportin envisaged as missions AU. Establishing the PSC of the the Protocol The SADC Brigade was established in 2008 as Standby AU’s component of the the regional SADC SF has a functional planning Force. The SADC SF was established by the the The SADC SF was established by of a Memorandum SADC Summit through on 17 Understanding (MoU) that was signed Zambia. August 2007 in Lusaka, that consists force a standby for MoU provides The police and civilian components. of military, cant A signifcant police. civilians and and troops, and AU also serving of civilians are number in recruited UN operations on an individually basis. 8.3.4 contributors to UN active SADC countries are militaryinclude which observers PSOs, AU and institution of SADC, responsible for strategic strategic for responsible institution of SADC, and and co-ordination facilitation planning, is It programmes. SADC all of management Secretary and Executive the SADC headed by Botswana. is located in Gaborone, Troika in charge of the Organ – the Incoming the – Organ the of charge in Troika chairs. and Outgoing 8.3.3 executive principal the is Secretariat SADC The consultation with the other two members of the with the other two consultation 72 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN process presentsfor anexcellentopportunity PSOdynamics.contemporary This review multidimensionality includingemergingand reviewing the2007MoUtoaccommodateits The Secretariat is currently engaged in adoption. SOFAs are available, updatedandfnalisedfor legal frameworks includingSOPs, MoUsand tasked policiesand toensure thatnecessary In thisregard, theSecretariat hasbeen out-dated and, insomeinstances, notavailable. SADC SFpoliciesandlegalframeworks are 8.3.4.3 whenever theneedarises. enhance their skills and prepare them for PSO are required toundergotraining inorder to experts, onceregistered asroster members, SADC region andthecontinentatlarge. These willing andabletobedeployed inPSOsthe whoarebeing populatedwithcivilianexperts Capacity (ASC)Database/Roster. The roster is no medical battalion group, no maintenance unit dominant role withintheSADCSF. For example, countries, South Africa hascome tooccupya Given theresource constraintsamongsome the force and undermines success if deployed. undermines themultidimensional characterof police andciviliancomponents. Ultimately this fromsynergy developing between themilitary, made itclearthatthisisalsopreventing effective behind. Indeed, Operation Golfnho has also components of the SADC SF have been lagging sphere ofthemilitary, thecivilianandpolice While there has beenmuch progress inthe priority akintoSEAviolations. the effect ofprofling childprotection asakey in thisregard. The review process couldhave the EASFexperienceandresources developed SCI toengageSADCwithaview tosharing 220 Frameworks SADC SFPolicies and

219 221

222 222

states. emanatefromobservers othermember Deputy Commander, staffoffcersandmilitary domination, theSANDFhasensured thatthe to memberstates’fears ofSouth African for command and control purposes. Sensitive SANDF toalsopledgeabrigadeheadquarters was never operationalized, compellingthe in2009,pledged abrigadeheadquarters it pledges. Operation Golfnho over and above its other the SANDFagreed toprovide theseduring towards thecountry standby force. As such or feldworkshop wasoffered by any SADC SADC/AU PSOissues toprepare rostered an orientation on basic and foundational to 04November 2017. The training provided (RPTC) inHarare, Zimbabwe from 22October SADC RegionalPeacekeeping Training Centre SADC SF Civilian Roster members at the Foundation Course (CFC)exclusively for Force (SADCSF)conductedamaidenCivilian The Civilian Component of the SADC Standby been runninginvarious Training Centres. middle management PSO courses that have (SML) coursepioneered by the AU andvarious the gapbetween theSeniorMissionLeadership from UNand AU peacemissions, andbridges course tailored onthebasisoflessonslearned at the Training Centre isapurely SADCPSO Commanders’ Course(IMOC)courseoffered The IntegratedMissionOperational organizations oforigin. training focal pointswithintheirinstitutionsor states, whoare beingprepared toperform as nominated by theirrespective SADCmember military, civilian, police and correctional offcers the SADCregion. The trainingcoursestarget training in (RPTC) coordinates peacesupport The Regional Peacekeeping Training Centre 8.3.4.4 224 223

Training for PSOs Inasimilarvein, whilst Tanzania 8 REGIONAL ECONOMIC COMMUNITIES/REGIONAL MECHANISMS (RECS/MCS) 73 229

232 Zambia has Zambia has SAVE THE CHILDREN SAVE 228 IGAD is made up of seven East IGAD is made up of seven 231 Background and Context Background SADC Child Protection and Child Protection

230 on Development (IGAD) The Inter-Governmental Authority The Inter-Governmental integration among the member states. In the SADC region, most issues affecting most issues affecting In the SADC region, and thus as cross-cutting viewed are children concerns various thematic over scattered are no is there Consequently, body. of the regional the for single instrument on child protection region. 8.4 8.4.1.1 on Authority Intergovernmental The in 1996 to (IGAD) was created Development Authority on supersede the Intergovernmental which was (IGADD), and Development Drought the of effects the mitigate to 1986 in founded and other natural droughts severe recurring famine, in widespread disasters that resulted ecological degradation and economic hardship in the region. African countries with the stated ambition regional and prosperity peace, achieve to 8.3.5 signed have in the SADC region Most states rights protection or ratifed international child which exception of DRC, with the instruments, ACRWC. is yet to ratify the the on Protocol yet to ratify the Optional Child and Child Prostitution Sale of Children, as the Optional Protocol as well Pornography on the Rights of the Child to the Convention Armed in of Children on the Involvement Majority of the SADC member states Conflict. Youth African ratifed and integrated the have Charter plans. into their country development

226 225 Accountability for violations Accountability for peacekeepers committed by Information related to the outcomes related Information 227 troops, is not readily available in the public public the in available readily not is troops, domain. In 2015 South Africa recalled 50 of peacekeepers peacekeepers of 50 recalled Africa South 2015 In nine Currently “security breaches”. alleged for in are peacekeepers SA against cases other process. of disciplinaryagainst the implicated processes than half of these violations involved absence than half of these violations involved commands and disobeying lawful without leave, are statistics these in Included drunkenness. African in which South also 230 criminal cases, assault, guilty of found were peacekeepers rape and murder. theft, indecent assault, 8.3.4.5 guilty of found were African peacekeepers South between than 1,000 cases of misconduct more More 2002 and 2006 in Burundi and the DRC. In the last quarter of 2018, the AU PSOD PSOD AU the In the last quarter of 2018, the for facilitated training on child protection police and civilian contingents in joint military, SADC countries. components of the SADC SF) to be deployed components of the SADC SF) to be deployed needs whenever continent the on anywhere critical that the Civilian It is therefore arise. and hence ready Component is operationally the conduct of such training. According to the African Standby Force (ASF) Force African Standby the to According Force Standby the SADC system, roster standby from at the continental level will be on standby This means that the SADC SF 2019. June to July (in all three ready and prepared has to be fully implementation when deployed in SADC/AU in SADC/AU when deployed implementation and understanding awareness increased PSOs; Component of the of the Civilian of the role and (ASF)/SADC SF; Force African Standby SADC SF Civilian Roster enhanced skills of the members. personnel to effectively contribute to mandate contribute to mandate to effectively personnel 74 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN The Assembly of Heads of State and organs: IGAD iscomposedoffour hierarchical policy 8.4.1.2 Secretary appointedbySecretary the Assembly ofHeads The Secretariat plenipotentiaries accredited toDjibouti. IGAD MemberStates’ambassadorsor The Committeeof Ambassadors Secretariat duringitsbiannual sessions. work programme andannual budgetofthe Council formulates policyandapproves the Minister designatedby eachmemberstate. The Ministers ofForeign Affairs andoneotherFocal The CouncilofMinisters from theMemberStatesinrotation. and meetsonceayear. A Chairman iselected objectives, guidelinesandprogrammes for IGAD organofIGAD.regulatory Itdeterminesthe Government 233

IGAD Structure is the supreme policy-making and is headed by anExecutive Parliamentary IGAD Inter- IGAD’S ORGANISATIONAL STRUCTURE Specialised IBF /CSO Union Offices iscomposedofthe comprising Secretariat Programs Executive Divisions Summit Council COA the IGADRegional Aids Programme (IRAPP). Prediction and Applications Centre (ICPAC), and Development (ICPALD), IGADClimate IGAD Centre for Pastoral Area and Livestock IGAD SecuritySectorProgramme (ISSP), the and ResponseMechanism(CEWARN), the These includetheIGADConflictEarly Warning Programmes hostedby otherMemberStates. a number of specialized institutions and in Djibouti,at the Headquarters IGAD has In addition tothefour divisionsandsections Administration andFinance. Social Development; Peace andSecurity; and and Environment; EconomicCooperationand by four Directors responsible for: Agriculture Council. The Executive isassisted Secretary projects andprogrammes approved by the and mobilisesresources toimplementregional and harmonisation of development policies, in the priority areas, facilitatesthe coordination Member Statesinformulating regional projects years, renewable once. The Secretariat assists of State and Government for a term of four Committees Ministerial Sectoral Legal Adv Internal Audit 8 REGIONAL ECONOMIC COMMUNITIES/REGIONAL MECHANISMS (RECS/MCS) 75

237 However, few few However, SAVE THE CHILDREN SAVE 238 establishment of the establishment NARC Background to the Background (NARC) North African Regional Capability North African Regional of the AMU’s original goals have been reached been reached original goals have AMU’s of the of the political and militaryresult as a mainly powerful of its more two rivalries between Both sides Algeria and Morocco. namely states, Western in the conflict in interests vested have The North African Regional Capability African Regional Capability The North (NARC) was established in 2007 as a Regional Force African Standby the Mechanism (RM) for to establish the failure by created to fll the void namely (REC), a Regional Economic Community Africa. Union (AMU) in NorthArab Maghreb the Egypt, Algeria, The NARC-members consist of The NARC Tunisia. and Libya Mauritania, of the the development coordinates Secretariat Standby the for capabilities African Northern police and civilian consisting of military, Force the components but it is questionable whether full operational capability. NARC will achieve in 1989 as a formed AMU was originally The Its members organisation. trade-promoting Mauritania, Libya, Algeria, are currently it was Originally, Tunisia. and Morocco in two develop AMU would that the envisioned of movement the free one which involved phases: the members capital between goods and people, diplomatic, common sought two phase while military and economic policies. In relation to military intervention, IGAD forces IGAD forces to militaryIn relation intervention, intervened Courts during the 2006 Islamic and IGAD Peace The Somalia. in insurgency Support (IGASOM) was Mission in Somalia Mission in Somalia AU to the the precursor chief the are states member IGAD (AMISOM). IGAD forces. security IGAD to contributors crimes. emerging investigating holds a role 8.5 8.5.1

236 235 IGAD Peace and Security: and Security: IGAD Peace Peacekeeping Child Protection Policies Child Protection

234 states as opposed to higher level multi-country states as opposed to higher level negotiations. CEWARN is an IGAD institution dedicated to CEWARN This securing peace and stability in the region. mediation role, IGAD’s from is differentiated investigates CPMR mechanism as CEWARN’s in member level peace and security at a lower in Somalia. its work is IGAD capability of signifcant One and Management Prevention Conflict in the Conflict Early Resolution (CPMR) through and Response Mechanism (CEWARN). Warning that culminated in the Comprehensive Peace Peace Comprehensive the in culminated that In the run-up to South Sudan’s (CPA). Agreement that talks facilitated IGAD independence, Sudanese the South helped deliver eventually role long-standing a held has IGAD referendum. government of sovereign in the re-establishment security role that works locally on the ground. on the ground. locally that works security role in contributing an importantIGAD plays role ranging from Africa, to stability in the Horn of to capacity- mediation to conflict-prevention IGAD was states. member building between in the Sudan peace process involved heavily areas. 8.4.1.4 a peace and The institution has developed the drafting were from line ministries bearing line ministries from the drafting were and related social protection for responsibility Affairs, and Children’s Women fcally speci issues, the Social Security and Labour in Agriculture, viewed are children and Women states. member focus IGAD across issues cutting cross as IGAD developed a regional social protection social protection a regional IGAD developed This is unknown. status of which the strategy, to strategy a unified approach advanced social vulnerabilities cross-border addressing Participants in reduction. poverty and regional 8.4.1.3 76 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN in acomparatively strong richandmilitary in on-goingconflicts. However, itwas formed ofdiplomaticorpoliticalintervention history focus,military unlike otherRECs, NARChasno Given that it is a regional mechanism with a 8.5.2 African Standby Force. contribution oftheNorth African statestothe was formed solely toorganisethemilitary the North African Regional Capability (NARC) member of the AMU. In view of these diffculties, not amemberofthe AU isnota whileEgypt the factthatMorocco, 2017, untilJanuary was was stillborninthehandsof AMU dueto Algeria and Morocco, the NASBRIG project Besides beingplaguedby thetensionbetween to setuptheNorth African Standby Brigade. was highlightedwhen AMU wasinitially asked cooperation for jointsecuritypolicies. This its original ambitions to establish a genuine in somejointprojects, itisfarfrom fulflling Sahara. Even though the AMU hasengaged the riftbetween Morocco and Algeria over ASF with a signi fcant capacity boost. However, development of the NARC would provide the and shared securityconcerns, aneffective In view oftheregion’s strength military experience inthefeldofpeacekeeping. while someoftheNARCcontributorsalsohave NARC statesthaninmany other African states trainingstandards aremilitary higherinthe is nolackofhardware orequipment; general capacity thatisunmatchedby otherRECs; there bordering states. They also possess military smuggling, traffckingandarmedconflictsin in theirrespective securitypolicies: terrorism, North African countriesshare common goals 15% ofthe AU’s generalbudget. Further, the agendas in the AU as they each contributed allowed Algeria, andLibya Egypt topushactive region. These riches, untilapproximately 2010, NARC’s current situation the ratifcationofNARCMoU. Moreover, some tosignthefounding documents, delayed member states, coupled by the reluctance of constitutional andlegalregulations insome the NARChasencountered challengesinthat which lastedfor three years(2005-2008). But role upNARC, during the initial phase of starting (MoU). Libya voluntarily played acoordinating 2007 through aMemorandumofUnderstanding As mentionedearlier, NARCwasestablishedin inthebuildingofNARC.not participated direct consequenceofthisconflict, Morocco has region’s possibilityofpoliticalcooperation. As a Western-Sahara continues tocomplicatethe concluded asfollows: capability ofthe African Standby Force who assessed the operational Panel of Experts Despite these efforts, by 2013, the Independent inaugurated. regional inLibya wasoffcially headquarters andinearly 2009thetraining headquarters and agreed toactashostnationfor NARC’s training centre. Inlate2008 Algeria followed suit Peacekeeping Training Schoolasaregional Cairo, alsonominatedtheCairo andEgypt Libya, the Planning Element (PLANELM) in agreement in establishingtheheadquarters was madethrough thesigningofaministerial Force. Inthesubsequentyears, someprogress deadline for the readiness of the African Standby the rest tomeetthe oftheRECsinitsefforts By 2008theNARCblocwaslaggingfarbehind impossible.harmonisation hasbeenvirtually region andtheineffciencyof AMU, military Republic (A.D.R). do notrecognise theSahara Arab Democratic of the NARC: four of thesix members ofNARC continues tocomplicatetheoperationalisation the on-goingdisputeover Western Sahara 240

239 Duetothetensionsin civilian standby roster, with forces from NARC 1

The Panel is of the opinion that the OF ACRONYMS LIST countries in Egypt prior to December 2015, NARC region will not be able to achieve the deadline for the ASF to be ready. However, FOC [full operational capability]. … there has been limited progress ever since a number of the countries in the region have faced However, most countries in the region grave internal and external challenges.242 In this respect whereas between 2009 and 2010, have considerable national capacities 66.36% of the total AU budget was fnanced that can be mobilised for peace support by only fve countries (Algeria, Egypt, Libya, Nigeria, and South Africa), these contributions operations, including strategic airlift. The have decreased markedly, thus pushing AU’s region also has a centre of excellence… dependence on partner fnancing from 45% of the budget in 2010 to over 70% in 2016.243 The Panel thus recommends that the AUC remains closely engaged with the NARC For some commentators, it is unlikely that the NARC will develop full operational capability in PLANELM, CCCPA and individual member the long-term,244 partially due to the fact that states in the region, to ensure that they countries like Libya and Egypt are more likely to turn to the West and the Middle East than to remain engaged in the ASF project.241 the AU for support, and because they have not participated in AU PSOs, thus removing the AU’s Following such recommendations, the Cairo sense of urgency to assist in building NARC International Centre for Conflict Resolution, capacity and capability.245 Instead, as noted by Peacekeeping and Peacebuilding (CCCPA), one the Panel of Experts, it is likely that individual of the designated training centres, undertook North African states will be asked to assist with several training sessions focusing on the specifc PSOs. civilian component and the development of a

SAVE THE CHILDREN 77 9 National Desk Review and Findings

9.1 Uganda • Children affected by HIV/AIDS, malnutrition and stunted growth 9.1.1 Background • High infant mortality

According to 2018 estimates, Uganda is one of 9.1.1.2 Civil Society the countries with the youngest populations in the world, based on age median. Comprising Uganda has an active civil society focusing on approximately 44.27 million people, the majority child rights and human rights mainly in the of whom (84%) reside in the rural areas, close domestic context. CSOs play mediating roles to half the population (48.47%) are children through the provision of services to the public between the ages of 0 to 14 years, and of toward claiming their rights and oversight these children, 55% of them are under 5 years roles in terms of monitoring and reporting on of age.246 3.7 million children live in situations compliance of the State to its obligations. of extreme poverty and deprivation and experience multi-dimensional poverty effects CSOs and the media play an active role in and violations such as access to many of the monitoring the conduct and behaviour of the basic services and fundamental rights (health key actors in the criminal justice system; in care, nutrition, education, water, sanitation, particular, on-going and systematic monitoring shelter and information) they require to develop of police conduct in relation to children and to their full potential.247 adults is well established. Monitoring of the military in terms of conduct is not as 9.1.1.1 Child Protection Challenges- comprehensive or consistent. Monitoring and categories of most vulnerable reporting by local civil society on the behaviour children: and actions of Ugandan peacekeepers deployed in PSOs is wholly lacking. • Child marriage and Female Genital Mutilation (FGM) This is driven by a lack of awareness on the role • Child labour and exploitation including of the UPDF in peacekeeping operations and the traffcking of children concept of the in-mission justice system by CSOs • Homeless children and the media alike. In interviews, complaints • Physical and sexual violence in school, the from civilians against the military were noted to home & community. be rare due to the inaccessibility of the military • Child poverty, coupled with limited access and the lack of public information on military to basic needs (food, clean water and accountability procedures.248 In contrast, civilian sanitation, shelter, medicines and health complaints against the police are much more care) prevalent in the public domain.249 • Juvenile delinquency • Out of school children A more robust engagement with the media • Orphaned and abandoned children, and would be required to influence the current child-headed households

78 SAVE THE CHILDREN 9 NATIONAL DESK REVIEW AND FINDINGS 79 SAVE THE CHILDREN SAVE The Uganda Registration Services Bureau 210) Act (Cap. (URSB) Act (Cap 243) 1997 The Local Government, Act 2006 The Employment Act and Health Occupational Safety (OSHA) (2006). violations against children and provides and provides violations against children the for Amendments provide sanctions. for child sexual charge of child-to child sex, child labour, child sacrifce, exploitation, FGM/C and Criminalizes child abduction. persons who carry for sanctions provides self- who persons another, on FGM/C out and persons who aid/abet FGM/C mutilate, and those who participate in the actions/ to FGM/C. activities related Act (2010) International Criminal Court and abuse recruitment forceful - Prohibits during sexual abuse) of children (especially armed conflicts. Addresses 2010 – Act Violence The Domestic and psychological abuse sexual physical, within households. occurring Amendment (2006) Act (1994) and Police Act Forces Defence The Uganda People’s from of children Protection (CAP 307) 1992: conscription into the UPDF Act The Births and Deaths Registration (CAP 309) 1973 from exploitation, rights of child offenders, offenders, child rights of exploitation, from other and orphans of protection and children. vulnerable 59 Provides Act - Cap The Children’s of local roles of the child, the rights for dealing with for procedures authorities, and care conflict with the law, in children including alternative of children protection placements, care (foster arrangements care care). adoption and institutional Act – Cap 120 (as Code The Penal in Trafficking of Prevention amended); of The Prohibition Act (2009); Persons Act (2010) Genital Mutilation Female including violations criminal Defines - • • • • • • • • • • •

251

252 and Amnesty International, and 250 child protection Legal National The key child instruments for in Uganda protection Legislation: mechanisms relevant for for mechanisms relevant International and Regional International and instruments National laws and National laws Ratification of The Constitution of Uganda, 1995- Provides Provides 1995- The Constitution of Uganda, basic education and rights to children’s for protection responsibilities, parental health, Property in the Event of Armed Conflict of in the Event Property on the Reduction of UN Convention Statelessness Procedure and Registration Marriage Age for Minimum of Marriages Cluster Munitions on Convention Treaty Arms Trade Cultural of the Protection for Convention Optional Protocol to the Convention on the to the Convention Optional Protocol Children, of Sale the on Child, the of Rights and Child Pornography Child Prostitution on the to the Convention Optional Protocol Communications a on Child the of Rights • 9.1.3.1 • 9.1.3 • • • • • • As set out in Annex C, Uganda has ratifed and Annex C, As set out in and acceded to majority of the international instruments the following instruments, regional not been ratifed as yet: have for example, undertake in-depth research that in-depth research undertake example, for in troops of deployed on the behaviour focuses as Somalia. conflict countries such 9.1.2 the issues related to the UPDF and PSOs, which and PSOs, to the UPDF related the issues the accountability contribute to in turn would body of knowledge. Human as such organisations International Rights Watch fle of the public pro in terms of raising narratives 80 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN establishes an institutional mechanism, outlines Combined, theabove legalframework • • • • • • • • communities tohelpmake changehappen. acrossand expertise ministries, institutionsand initiatives andpriorityactivitiestouniteefforts have avoice. alsoidentifeskeyThe strategy that theyshouldbevisibleand core principlesthatchildren shouldbevalued, is based on three Strategy Child Participation that have animpactontheirlives. The National children across allspheres ofdecisionmaking to break thesilenceandamplifyvoices of aims Strategy The NationalChildParticipation 9.1.3.2 and regulatesacts/actions. certain roles andresponsibilities, andclearly prohibits associated witharmedgroups. rehabilitation andre-integration ofchildren including for children andprovides for the hostilities towards thegovernment inamnesty topersonsparticipating The Amnesty 294)-ProvidesAct (CAP international childrightsinstruments. provided for intheChildren’s Act andother rights as all other Ugandan children as education andentitles them tothe same rights ofrefugee children toelementary The Refugee Act (2006)-Provides for the including children. and prohibits discriminationagainstPWD education, health, andrehabilitation services 2006 -Provides for therighttoquality The Persons withDisability Act (PWD) rights ofchildren toeducation. The Education Act (2008)-Provides for the (LDSA) (2006). The LabourDisputeandSettlement Act Policy (1997) Education The NationalUniversal Primary The ChildLabourPolicy (2006) Children Policy (NOP)(2004) The NationalOrphansand Vulnerable protection Key policiesrelated tochild 253 The nodalinstitutionfor childprotection in 9.1.3.3 • • • • • • • • • • several factors, including: mechanisms for child protection is limited by The effectiveness oftheaccountability actors intermsoftheirpublicexposure role. and international)are alsoconsidered tobekey Human RightsCommission. The media(local agencies suchasUNICEFandtheUgandan non-governmental organisations, international protection sectorare localandinternational district level. Otherpivotal actorsinthechild the mandatefor childprotection atthe has Department The Community Services ofHealth. andMinistry Education andSports Justice andConstitutional Affairs, of Ministry of Internal the Ministry Affairs, of Ministry Family Affairs, LabourandIndustrialRelations, that ofGenderand Women Affairs, Culture and also spread across otherdepartments, notably Children Affairs. The child protection mandate is of istheDepartment the country Youth and abuse andproviding immediateresponse. providing for mechanismtoreport child by theChildren (Amendment) Act, 2016 The Nationalchildhelplineasprovided for (2006) The NationalPolicy onDisabilityinUganda Persons (2004) The NationalPolicy for Internally Displaced The National Youth Policy (2000) The National ART Policy (2003) The HealthPolicy (1999) for measuringperformance; the lackofclearchildprotection standards limited publicawareness; Human Resource capacity; limited financial resources and limited bodies; recommendations ofkey treaty monitoring limited enforceability ofthe child protection Key structures involved in 255 254

9 NATIONAL DESK REVIEW AND FINDINGS 81

SAVE THE CHILDREN SAVE 258 This Directorate aims to aims to This Directorate 259 Police Child and Family Child and Family Police Units Protection Juvenile Justice Juvenile Local councils; Local councils; and courts; and family Children High Court. persistent challenges related to the lack of of lack the to related challenges persistent deliberate efforts to enable the reporting of inadequate capacity within the children; cases by to children to handle cases related police force under-resourcing the complaints stage; from of the units to enable them to carry out their if required. Provision of psychosocial support of psychosocial for Provision if required. play is limited and civil society actors children support in this regard. in providing a big role 9.1.5.1 catalysed process, An internal police review related on reforms which focused CSOs, by improvement and the police accountability to cases and children’s family handling of of the led to the Force, the Ugandan Police by of Human Rights Directorate establishment of a and Legal Services. force police the rights within human mainstream Family and Child of formation the as well as Units (CFPUs). Protection with a nation-wide presence The CFPUs have in all police stations across personnel present Civil society organisations such the country. instrumental is supporting this as SCI were it was noted that CFPUs However, initiative. 9.1.5 of jurisdiction to levels three are There Uganda: justice in juvenile deliver • • • in the a central role Local councils play justice legislation. administration of juvenile Courtsand Family established (FCC) Children the jurisdiction to hear have Act, the Children by criminal charges against a and determine most charged Children offences. child except capital High the in heard are offences capital with aid and legal with lawyers and provided Court,

was was The PSU The PSU 256 .257 investigates human rights violations, violations, rights human investigates is responsible for civil registration civil registration for is responsible oversight, complaints and complaints oversight, monitoring mechanisms Legal enforcement: Legal enforcement: this information is not in the public domain, is not in the public domain, this information the unit to requiring no laws are as there publish such information accountability is very low due to lack of accountability is very due to lack of low and the allegations prosecutions follow-up within the unit. of corruption quarterly reports and annual releases of complaints received, on the number however, on-going; still those and completed, translates specific laws to enhance to enhance translates specific laws in an effortunderstanding of these laws to access to justice. increase (PSU) Unit Standards Professional The complaints against police set up to receive been noted that It has however offcers. research on human rights issues; and makes and makes issues; rights on human research the and parliament to recommendations on human rights issues. executive Commission (ULRC) The Uganda Law Reform including of laws revision regular ensures and simplifes/ on child protection laws (UHRC) compliance with monitors government’s binding makes instruments; international in case of human rights abuses, orders civil education and conducts training, The Uganda Registration Services Bureau Services Bureau Registration Uganda The (URSB) adoption orders deaths, (including births, among and marriages courts, granted by others). The Uganda Human Rights Commission The Directorate of Public Prosecutions (DPP) of Public Prosecutions The Directorate of and supervises directs investigations and committed by crimes including those offenders prosecutes and children; against including child offenders. weak coordination and quality assurance assurance quality and coordination weak CSO interventions. for mechanisms limited involvement of children; and children; of limited involvement • • • • • • 9.1.4 • 82 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN to children beingincarcerated togetherwith rehabilitation centres for children which has led to and sustain the numbers of cases; lack of resources withinthejusticesystemtorespond Other challengesmentionedincludethelimited process. the nextandunabletocommitalong-term are constantly moving from onelocationto reached through theirmothers, many ofwhom challenge isthefactthatchildren are mainly respect toaccessjusticefor children, akey ensure theircasesare heard andfnalized. With and guidechildren through thelegalsystemto facilitative andremedial mechanismstoprotect comprehensive. However, itlacked necessary the Ugandanlegalframework wasstrong and with CSO representativesInterviews noted that of theCFPUs. other unitswhichhasdepletedtheskillsbase and thetransfer ofspecially trainedoffcersto the CFPUswhichlimitstheiruseby thepublic; duties effectively; lackofpublicawareness of Somalia as part of the Somalia as part AU Mission in Somalia one ofthefrstcountriestodeploy troops to contributor to AU peaceoperationsand was Uganda isrecognised asaleadingtroop 9.1.6 and reintegration activities. by CSOsintheprovisionsupported oflegalaid were mainly through informal justicesystems, the vulnerabilitiesofchildren intheselocales Army (LRA). It was noted that responses to abductions ofwomen by theLord’s Resistance focusing onwomen andchildren bornfollowing inGuluandtheKaramojaregioninterventions providing towomen andchildren, services has One oftheCSOsinterviewed, whichisactive in law whichisstillindraftform. areas and the absence of a witness protection adults; low rates of follow-up ofcasesinconflict 260

Peacekeeping Profile 262

261

Force (EASF). The director for EASFCOMisa the development oftheEastern Africa Standby AMISOM, Uganda plays an instrumental role in In addition tobeingaleadingcontributor Command toEthiopia. of thisyear, Ugandahanded over theForce were Ugandan of four previous AMISOM Force Commanders, recently,Until very thecurrent, aswell asthe in PSOsascompared tothePolice component. andexperience component hasalongerhistory and Police Officers. The UgandanMilitary troop contributor, providing over 6,000troops (AMISOM) in 2007. deliberations. senior securityfgures are also involved inthe of Police (for police deployments) and other Chief Political Commissar, Inspector General Divisional Commanders. Securityadvisers, the Chief of Staff (JCOS), Commanders, Service and of Defence Forces (CDF), DeputyCDS, Joint Council comprisestheMinisterofDefence, Chief determines UPDFdeployments. The Defence Command andDefence Forces Council, Chief (CiC), High togetherwiththe military The President ofUgandaasCommanderin People’s Defence Force (UPDF) Act of2005. peacekeeping are provided for intheUgandan deployments andactivitiessuchasmilitary Decision-making protocols regarding all 9.1.7 to missionsintheregion. Africa anditrunspeacekeeping trainingcourses and administrative toUNmissionsin support based inEntebbe. This baseprovides logistics hub (RSCE) andapeaceoperationssupport Uganda hoststheUN’s Centre RegionalService futuresupport AU/EASF missions. its Rapid Deployment Capability (RDC) to Ugandan offcer, andUgandahas alsodeveloped Legal framework 263 f cers. Uganda is also the largest Uganda is also the largest 265 264

267 At the beginning

266 268

9 NATIONAL DESK REVIEW AND FINDINGS 83

277

276 Pre- 275 SAVE THE CHILDREN SAVE An evaluation An evaluation 278 Standard Operating Operating Standard (SOPs) Procedures UPDF Pre-deployment and and UPDF Pre-deployment vetting and deployment Training 9.1.8.3 as to operationalise child protection In order as part and not only a specifc focus of the Civilians”, of “Protection of framework broader Operating of Standard the development a collective or individual basis depending on on depending basis individual or collective a part forms of the Child Protection the mission. as a separate component for training curriculum The UPDF has and senior offcers. both troops 3000 soldiers in Child Protection trained over to date. the Children supported Save by (CP), The last trained contingent that was deployed from AMISOM is scheduled to return as part of their tour of duty imminently. training the of impact the of assessment and troops returning the of perspective the from to be imperative will training the underwent that beThese insights should gain immediate insights. coupled with an on-site impact and perception of peacekeeper assessment of local perspectives the Combined, to children. violations in relation assessment could be instrumental in framing the collaboration as an the Children UPDF/Save protection child in practice best for application in PSOs. 9.1.8.1 for to be selected Basic requirements serving offcers include: to a mission deployment and full undergo a medical recruits) (not new disciplinary previous check where background into consideration. taken violations are in place in the UPDF are measures deployment of selected offcers does not while the vetting the public. or input from include the views 9.1.8.2 has been After the initial decision to deploy Support trained at the Peace are forces made, at Singo on either Centre Training Operations and 272 Current Current 270

269

271 274 While both the police and civilian 273 Force (UPDF) – Peace (UPDF) – Peace Force Support Operation Strategy Uganda People’s Defence Defence Uganda People’s logistical support. logistical support. contributors in peace support operations police offcers in Somalia has been deploying since 2012. in PSOs, incorporated been components have and their full capability, yet to reach are the two as as well lacking in doctrinal development are Ugandan deployments and contingents cover and contingents cover Ugandan deployments spectrum of civilian and uniformed the broad police, which include staff offcers, components, Uganda is prison offcers and civilian experts. as one of the largest military recognized troop effectively means that not many countries are countries are means that not many effectively in such a high-risk willing to contribute troops Thus those countries willing to environment. with those be to likely more are contribute stability in securing strategic national interests in the conflict country. a pragmatic strategy based on protection of of a pragmatic strategy based on protection the by framed and security, national interests ideological lens of Pan-Africanism. categorized conflicts on the continent are which as high intensity combat operations, 9.1.8 by informed Ugandan peace operations are regulate and oversee UPDF activity including including UPDF activity and oversee regulate Constitution. in the stipulated as peacekeeping and UPDF advisers, security The President, for decision-makers the key high command are deployments. peacekeeping of UPDF deployed forces. The Ministry of forces. deployed of UPDF Article208 from mandate its derives Defence of Uganda, of the Republic of the Constitution Articleout spells Constitution the 209 of 1995. the primary the Uganda People’s functions of Parliament is meant to (UPDF). Forces Defence Once deployed, the CDF has strategic oversight strategic oversight the CDF has Once deployed, 84 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN Save the Children Somalia 9 NATIONAL DESK REVIEW AND FINDINGS 85

282 SAVE THE CHILDREN SAVE

283 mission monitoring through the Civic Militarymission monitoring through which comprises Female Component (CIMIC), part (FETs) who form of the Teams Engagement Their primary levels. contingent at all the three liaison as act and civilians engage to are tasks the mission contingent and the public, between TCCs. In this regard, key issues pertaining to the key In this regard, TCCs. practical operation in terms of cost implication needs model the of friendliness child as well as to be further interrogated. The Divisional Court Martial is constituted the UPDF High Command and the court by public and open to the in feld are processes with witness provided Witnesses are the media. Uganda decision by The if needed. protection, violations to hold its members accountable for committed in the host country is both victim- the legitimacy and contributes to centred host the by mission the in trust of levels and community. serious less interviews conducted, From disciplinary dealt with in-house in infractions are courtestablishedis rotational and a mission, the which may fle cases, of high pro in the event attract a public outcry. by further These efforts are reinforced members. Investigators are either dispatched dispatched either are Investigators members. to carry Uganda out investigations from or and interview in feld, victims or witnesses part form of the deployed may investigators and Prosecutor Advocate A Judge contingent. As noted, part contingent. are of the Ugandan in legal personnel deployed of the the calibre professionals. PSOs constitutes senior-level benefts of hosting The effcacy and strategic country in the host accountability processes quarters many by been recognised have the Ugandan case As such, AU. including the of further inquirystudy becomes worthy to other by replication for prospects establish This provides an opportunity This provides

280 279 eld to deal with prosecutions of its its of prosecutions with deal to eld Peacekeepers Peacekeepers Accountability for violations Accountability for Ugandan committed by

281 Uganda has chosen to constitute a rotational Uganda has chosen to constitute a rotational court f in investigating and prosecuting members of the and prosecuting investigating committed Ugandan contingent alleged to have violations against civilians while on mission in the home country or establish a feld court with the Ugandan law consistent in all respects during missions. suspects and prosecute example, to interact with children. This is viewed viewed is This children. with interact to example, outside of the court children as empowering system. has the option of TCCs, all like Uganda, desk focusing on disseminating and raising on disseminating and raising desk focusing fle of International Humanitarian Law the pro with handling (IHL) and a gender offce tasked abuse to sexual exploitation and issues related from Personnel in existence. are against children AMISOM for to deployed the gender offce are Institutionally a Directorate of Human Rights a Directorate Institutionally fle human pro to deliberately established was the rights considerations within and child military operations. its in and establishment a Under the Military Intelligence Command, support to enable a more comprehensive comprehensive support more a enable to during missions. to child protection approach 9.1.8.4 The UPDF has been granted the authority by granted the authority by The UPDF has been Ministrythe current the expand to Defence of all aspects of Child cover SOPs beyond DDR to Protection. in UPDF the engage to Children the Save for of technical the provision through this process is a requirement to ensure general compliance. general compliance. to ensure is a requirement at the time DDR SOPs for developed The UPDF was listed in insurgency and Uganda of the LRA recruitment for report Secretary-General’s the of children. Procedures (SOPs) focused on child protection on child protection (SOPs) focused Procedures 86 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN and education, facilitatingcommunity access through awareness-raising regarding health the localcommunity, women, particularly CIMIC duties. The role oftheFETistoengage CIMIC component deployed alongsidetheUgandanContingent’s UPDF, withtherankofpoliticalcommissar, (UPDF) FETcomprisesfemale membersofthe In AMISOM, theUgandaPeoples’ Defence Force are trainedtoreact appropriately. function -butiffound inahostilesituationthey and liaison teams - theydonot have a combat They are functionalcommunity engagement and childrenin particular on a proactive basis. relationships withthelocalwomen andrapport and maturitytodevelop trust-based Members are thoseofseniorrank, experience Female Engagement Team (FET) reporting ofviolationsby peacekeepers. assess troop behaviour and to encourage the responsibilities ofpeacekeepers, independently to raise public awareness on the roles and of themissiontoinfluencepublic perceptions. be a component of strategic communications inconflictandtheir role canbesaidto country a criticalcomponenttothestabilizationof and minds is communities and winning hearts in termsofits role.“non-military” Engaging of replication for future missions, particularly is apossiblecasestudytoconsiderinterms The role played by theUPDFFETin AMISOM the behaviour of male members of the mission. acceptance ofthepeacemissionandimproving population, enhancing local communities’ difference inimproving accesstothelocal peacekeeping operationscanmake apositive has shown thatthepresence ofwomen in A studyby theCouncilonForeign Relations to theUPDF-runhealthandeducationfacilities. 288 and they also carry out andtheyalsocarry 284 286

287 285 289

of acomplaint, infavour oflocalremedies host communities may disregard thelodging by theregistering ofacomplaint. Inthisregard, TCC accountabilitymechanismsare triggered Challenges toaccountability at thebehestofChieftaincyPersonnel. a childprotection focal personby theUPDFis civilian componentofPSOs. The deployment of the EASFrostering process waslimitedtothe process. However, ithassincebeenclarifedthat was initially dependentontheEASFrostering Interviewees noted that their deployment advisors Deployment ofChildProtection and Officers for timely corrective actionby theUPDF. awareness ona regular basis. This would allow the UPDFshouldconsider assessing troop Conduct andothermissiondirectives. As such, and knowledge by peacekeepers oftheCode Accountability islinked tolevels ofawareness deployment intheCentral African Republic. the court, for example in relation to UPDF charged, somecasesare stillpendingbefore by investigations conductedandperpetrators the capacity to handlesuch cases as evidenced interviewees noted that despite the UPDF having martial,handled by the general court Additionally, withregard topaternitycases diffcult totrackandmonitorviolations. thusmakingit to settlemattersoutofcourt the authoritiesandnotchild, may choose the parents, whoare oftentheonesthatengage matter. Inthecaseofviolations againstchildren, to negotiateasettlementandnotreportthe than prosecution may andthesurvivor choose violations may bemore appropriate culturally to pursuethematter. InSomalia, reparations for without achargebeinglaid, Ugandaisunable prosecution process. The implicationisthat, be thelocalnormasopposedtocriminal and culture, i.e. the imposition of afne may 291 290

9 NATIONAL DESK REVIEW AND FINDINGS 87 295 298 294 SAVE THE CHILDREN SAVE soldier jailed for1.5 for1.5 jailed soldier

UPDF officer jailed for six for jailed officer UPDF Three UPDF soldiers UPDF soldiers Three 297

UPDF UPDF UPDF soldiers accused their Ugandan general somehow is is somehow Ugandan general three UPDF soldiersUPDF three sentenced UPDF soldiers sentenced to one

UPDF soldier on trialUPDF soldier on murdering for

UPDF commanders suspended and

296 February 2015: February selling fuel illegally in Somalia months for May 2015: soldier a UPDF acquitted in long case where a conspiracy in to admitted to being involved sell fuel illegally in Somalia October 2009: 2009: October romantic years violating rules regarding for while on duty in Somalia relationships 2011: March shooting years for two sentenced for civilians at KM4 junction in Mogadishu 2011: May shooting incident at KM4 junction in for Mogadishu April 2012: a dollar his colleague over May 2012: bullets to a Somali boy selling year in jail for March the previous July 2013: to Somalis. selling rations for under investigation October 2013: bosses of illegally selling fuel and ammunition, maltreatment; overall and not paying salaries, suspended many of the accused were • • suspended or publicly prosecuted soldiers who prosecuted suspended or publicly outlined as Somalia in crimes committed have below: • • • • • • • such information is considered to be security to be security is considered such information of the public domain. out and is kept sensitive the behaviour on media focus local In Uganda, in missions or accountability processes of troops media the Nevertheless, be inconsistent. to tends on the in disseminating information has been key undertaken processes, feld-based prosecution awareness public raising thereby Uganda, by on the issue. has the UPDF context, Notwithstanding the of publicizing cases of approach the taken against misconduct and violations brought Uganda has members of the UPDF contingent. ndings. This analysis This analysis fndings. 292 missions to track troop to track troop missions behaviour Oversight mechanisms during during mechanisms Oversight However, there is still a lack of clarity of lack a still is there However, 293 Monitoring and reporting of cases by the media Monitoring and reporting of cases by of troops behaviour the regarding Information available; readily not is missions in deployed taken. troop of monitoring between link the regarding the contingent and and discipline by behaviour the CCTARC the consequences arising from civilians. monitoring of incidents involving In interviews with the UPDF, it was noted that In interviews with the UPDF, harm civilian of allegations are there where is given the UPDF the UPDF, involving possibly to the allegations the opportunity to respond possible disciplinary are measures before military commanders and allows them to militarythem to and allows commanders and training to tactics, adjust their planning, The UPDF contingent these challenges. address withAMISOM is expected to comply in deployed process. the CCTARC such as civil society, hospitals, and the media. and the media. hospitals, such as civil society, professionally- a centralized, into Data is fed houses, which ‘cell’ or system information staffed and disseminates analyses, and operational decision-makers informs by its operations is tracked and analysed to to analysed and tracked operations is its by to respond operations and properly improve of a variety from come Data can losses. civilian reporting informal and formal including sources of alleged investigations chains among troops, and external sources incidents of civilian harm, mission are subject to the Civilian Casualty subject to the Civilian Casualty mission are (CCTARC) Cell Response and Analysis Tracking harm tracking, Civilian system. reporting mission is an internal and response analysis, caused which data on civilian harm by process Civilian Casualty Tracking Analysis and and Analysis Tracking Casualty Civilian reporting system Response Cell (CCTARC) - AMISOM in the troops AMISOM, of Within the context 9.1.8.5 88 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN support totheSomaliPolicesupport Force (SPF)on component provides mentoringandadvisory the contextof AMISOM, theUgandanPolice role from component in PSOs. the military In The Police componentsplay amarkedly different Individual Police Offcers(IPOs). comprises Formed Police Units (FPUs) and The Ugandan Police component in any PSO 9.1.9 • • • • the AU andtheUN. and procedures for effective PSOsinliaisonwith obligations inPSOsanddevelop systems, plans fulfil Uganda’s regional andinternational prepare the Ugandanpoliceforce toeffectively the UPF, has as its main role and function to (PSO), oneof thedirectorates thatmakes up The Directorate ofPeace Operations Support 1995. and theConstitutionofRepublicUganda Amendment Act 2006, the Penal Code Act 1950 from the Police Act 1994 and the Police The Ugandan Police derive their legal mandate 9.1.9.1 effective entity. aim oftransforming theSPFintoacredible and search procedures andinvestigations; withthe crime prevention strategies, community policing, police dutiessuchashumanrightsobservation, scandal 18 months in jail in the aforementioned fuel October 2015: martialled later court atJanaale;raid attack oneseniorofficer was for “not beingalert” before al-Shabaab’s mass September 2015: over inMarka, weddingattack Somalia August 2015: afraudin jailduring case (censure)reprimand afterspendingoneyear May 2015:

Uganda Police Force (UPF) Legal Framework 301

302 Ugandan officer isgivena

three Ugandan soldiers charged charged three Ugandansoldiers UPDF officersentencedto Uganda suspends officers Uganda suspends officers 300

299

such aslogisticsandengineering, counter- within thepolice, by othersections supported from the Public Order Management Section The selectionofpolicefcersismainly done assessments includingpsychometrictests. the policeforce, pre-assessment, andmedical national call for applicationscirculated within UN policiesandinvolves processes suchasa one, withtheselectioncriteriainformed by AU/ selection process isarigorous andcompetitive recruitment, interviewees notedthatthe With respect tothemodeofselectionfor 9.1.9.2 disabilities. which covers women, children, andpersonswith FPUs includesamoduleonvulnerable people, a two-week period. The basictrainingfor the pre-deployment training, whichtakes placeover training for aperiodofsixmonthspriortothe Once selected, police of 9.1.9.4 offered andundertaken by the AU/UN. examination. The second assessment is then offcers haveafter shortlisted completed an force undertakes thevetting ofrecruits The Professional Standards Unitinthepolice 9.1.9.3 Vetting that is required ofallpolice recruits for PSOs. driving licenseanddefensive drivingisakey skill fact thatmany policewomen donotpossessa women recruits remains low, tothe duein part process, interviewees notedthatthenumber of With regard togenderparityintheselection are involved intheselectionprocess. directorates withinthepoliceadministration personnel. The headsofalltherelevant terrorism, medical, andtrainingproviding process Recruitment andselection Pre-deployment training f cers undergo basic 303

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309 SAVE THE CHILDREN SAVE Challenges in-mission, with Challenges in-mission, to children particular regard 9.1.9.6 of holding the lack to interviewees, According and law with the in conflict children facilities for conflicting social sometimes and difference the police and the deployed cultural norms between key two citizens of the host country represent of children protection the in ensuring challenges the to linked is aspect Another missions. during lack of specialised training on child protection. Ugandan the this disjuncture, address To and train manuals, for requested have police child trainings) on the trainer trainings (ToT technical support standardised for protection; joint training and police offcers, training for the police and militaryfor components at the School at Training Support Operations Peace the Singo to enhance the cohesion between The Uganda. from components PSO various supportfor request a also made Force Police the operationalization of the police peace for support in Uganda. training centre Victims and witnesses to violations committed witnesses to violations Victims and not are contingent member the police by to participate to Uganda in the over brought the in-mission trial however, judicial proceedings; of involvement the serve ensure to processes victims and witnesses. in-mission trial process, Upon conclusion of the to Uganda repatriated the perpetrator is then It was and the disciplinary ensue. processes been have interviewsin noted that there officers Ugandan police instances where immunity their had have mission in deployed and tried under local laws. withdrawn cers cers The The 306

during missions Dealing with misconduct 305 perpetrator to the local police, the withdrawal the withdrawal perpetrator to the local police, the person tried under and having of immunity the local laws. and that such repatriation only takes place place takes only repatriation such that and the Conduct and Discipline Unit after trial by headquarters.mission the at (CDU) CDU has the capacity to determine whether the police offcer is committed by the offence the of hand-over to warrant serious enough instances of gross violations. The perpetrator The perpetrator violations. instances of gross to the local handed over arrested, is usually tried as an police jurisdiction and thereafter noted in It was however ordinary local citizen. interviews that the general practice has been Uganda to repatriated that perpetrators are involving minor offences while gross violations while gross offences minor involving The headquarters. mission the at handled are disciplinary is open to the public. court process in waived be may immunity Peacekeeper In the event of violations committed by membersviolations committed by of event the In such of the police contingent whilst deployed, A during missions. addressed violations are Disciplinary Court a chairperson headed by to hear and determine issues is formed f of police of categories both of training child protection does not include comprehensive modules. 9.1.9.5 with rudimentary sections on child protection. with rudimentary on child protection. sections induction training, They also undergo in-mission on conduct and emphasises which focuses and integrity. professionalism noted that the pre-deployment Interviewees cers is not restricted to taking place to taking restricted police offcers is not distributed are as they in Uganda, solely the of excellence on training centres across the Ugandan police the UPDF, Like continent. training pre-deployment component undergoes of civilians on protection that includes modules The pre-deployment training of individual of individual training pre-deployment The 90 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN and 700,000children live withadisability. The are outofschool, over 2millionare orphaned multiple deprivations. Over 1 million children settlements are themostlikely toexperience and semi-aridlandsinurbaninformal poor householdsandthoselivinginthearid health andnutrition services. water and improved sanitation, education, their rights, includinglimitedaccesstosafe experience oneormore deprivationsof Over 75%of children andadolescents below 24yearsofage. of thepopulation; 62%ofthepopulationis 40%. unemployment rate stands at approximately multidimensional poverty index and the national the poverty datumlineaccording toaUNDP 50.95 million, 50% ofthe population lives below By 2018, Kenya hadanestimatedpopulationof 9.2.1 Background 9.2 Kenya outside ofthehomecountry. the issuesrelated topeacekeeper accountability the issue, toenablethemdevelop afocus on keenness to be engaged by Save the Children on Nevertheless, those interviewed expressed a Kenyan troops deployed outsidethecountry. or reporting onviolationscommittedby society is not as engaged in monitoring revealedinterviews thatlocalKenyan civil local andinternationalorganisations. However, rights and protection sector, including both Kenya hasanactive civilsocietyinthechild under 16. 2001 legislationagainstthepracticefor girls genital mutilation (FGM)iswidespread, despite prostitution, remains a serious problem. Female abuse ofchildren, includingforced labourand 310 Children below 18yearsmake up49% 313

311

312 Children in • • ratifed asyet. Child Pornography hasbeensignedbutnot on theSaleofChildren, ChildProstitution and to theConvention ontheRightsofChild, have notbeenratifedandtheOptionalProtocol regional instruments. The following instruments or acceded to most of the international and As setoutin Annex C, Kenya hasratified 9.2.2 international mechanism: of repeated violations raisedby more thanone implementation of policies. The following is a list Kenya continues tograpplewiththepractical Children’s Act andaprogressive Constitution, passing ofnationallegislationsuchasthe international and regional instruments, the Despite theratificationofleading 9.2.3 • • • • • • • Optional Protocol totheConvention onthe the Prostitution ofOthers Traffc inPersons andoftheExploitation UN Convention for the Suppression of the of Marriages Minimum Age for Marriage andRegistration Persons in Africa (KampalaConvention) and Assistance ofInternally Displaced African Union Convention for the Protection Weapons (CCW) Convention Conventional onCertain Convention onClusterMunitions Statelessness UN Convention ontheReductionof Stateless Persons UN Convention Relating to the Status of of Marriages Minimum Age for Marriage andRegistration Convention ontheConsentfor Marriage, Procedure Rights of the Child on a Communications Ratification of Main childprotection and regional instruments International instruments issues 314

9 NATIONAL DESK REVIEW AND FINDINGS 91 SAVE THE CHILDREN SAVE National Plan of Action for Action for National Plan of 2015-2022 in Kenya Children system is both horizontal and vertical. system is both horizontal and vertical. Other efforts include the development of specifc policies and programmes such as the specifc rights, to address and compulsory of free provision and the Cash primary education, to assist orphans Programme Transfer and vulnerable children. the through 2030 Vision Kenya The Plans also highlights the Term Medium undertaken to be flagship projects rights. of children’s the realization towards a centralized management information management information a centralized information regular ensures system that and knowledge on both prevalence services issues; of child protection effectively that are and responses and including accreditation regulated, adequate providers; licensing of care allocation; resource and appropriate including standards; regulation effective monitoring and evaluation; with relevant a committed workforce and mandates; competencies and to express opportunities children for The and be involved. their views in a child protection interdependence Convention on Protection of Children and of Children on Protection Convention Co-operation in Respect of Inter Country Adoption; • • • • in Kenya. It incorporates the following legal legal It incorporates the following in Kenya. instruments: • 9.2.4.2 launched of Kenya the Government 2015, In May (2015- Children Action for its National Plan of framework operational an provides which 2022) partnersfunding and stakeholders guide to implementing and planning, in coordinating, outlines It children. for programmes monitoring interventions and necessary priorities agreed rights of children’s realization progressive for framework National legal and policy Child Protection System Child Protection mechanism that brings together mechanism that brings together departments and key government at all levels; stakeholders a set of laws and policies that protect and policies that protect a set of laws violence and exploitation from children interests best the in response ensure and of the child when violations occur; coordination a central government child protection system include: child protection • • fundamental freedoms”. Additionally, Article Additionally, fundamental freedoms”. 53 of the Constitution is specifc to children. 2001. Act, The Children’s the National Child Protection for Framework components of the The key System (2011). Chapter IV of the Bill of Rights in the Chapter IV of the Bill of Rights in the 2010 provides Constitution of Kenya, “the State shall enact and implement that legislation to fulfil its international and of human rights obligations in respect Inadequate education provision provision care Inadequate alternative Children sentenced to death Children Malnutrition High infant and child mortality living on the streets Children displaced children Internally Torture and other cruel, inhuman or inhuman or cruel, and other Torture of punishment or treatment degrading children justice system, Inadequate juvenile the detention to particularlyregards with of children Early marriage and uncertain and age marriage minimum Early marriage for Child labour of children fcking and prostitution Traf Violence against children Corporal punishment Female genital mutilation Female • • • • • 9.2.4 9.2.4.1 • • • • • • • • • • • • • 92 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN country andis expectedto:country of safeguarding thewelfare ofchildren inthe Development ischargedwiththeresponsibility ofGender,The Ministry Children andSocial Development ofGender,Ministry Children andSocial 9.2.4.3 • • • • • • functions oftheNCCSinclude: on all aspects thereof. The core roles and welfare activitiesandtoadvisetheGovernment fnancing andco-ordination ofchildrightsand and control oversupervision the planning, The NCCSwasestablishedtoexercise general (NCCS) National CouncilforChildren’s Services • • • • Labour Convention, 1999). 1973) and 182 (Worst Forms of Child Conventions 138(Minimum Age Convention, The International Labour Organization Children in Armed Conflicts(CRC-OPAC); on theRightsofChildInvolvement of The OptionalProtocol totheConvention pornography (CRC-OPSC); of children, childprostitution, andchild on the Rights of the Child on the sale The OptionalProtocol totheConvention Political Rights(ICCPR); The International Covenant on Civil and Social andCulturalRights(UNCESCR); The InternationalCovenant onEconomic, children’s issues; Defining andformulating policieson (NCCS). the NationalCouncilfor Children’s Services Ensure implementationofdecisionsmadeby provided;children andservices and Maintain updated records and data on welfare activitiescountrywide; Ensure full implementation of all child inthecountry; children services supervise Establish, promote, co-ordinate and Protection Key Structures for Child some policestations. and genderdeskschildprotection unitsin hasestablishedchildrenNational Police Service as themostvulnerableinemergencies. The police have standingorders toidentifychildren In addition totheabove, toprotect children, the • • • • in conflict with the law isthe Children and Young law inKenyaThe primary concerningchildren they have nootherrecourse. who are accusedofcommitting anoffence if civil cases, but legal aid is guaranteed to children are notentitledtolegalassistanceinbringing challenge the action of a public body. Children judicial review proceedings may belaunchedto or infringed, oristhreatened”. Alternatively, in theBillofRights “has beendenied, violated any oftheirrightsorfundamentalfreedoms proceedings brought on their behalf, when right undertheConstitutiontobring, orhave adult “next friend”. Children also have a specifc Civil Procedure Rules with theassistanceofan challenge violationsoftheirrightsunderthe topermitted tobringcasesincivilcourts Under theKenyan Constitution, Children are 9.2.5 withspecialmagistrates. courts hasalsoestablishedchildren’sThe judiciary is responsible for registeringanddeaths. births Services. ofCivilRegistration The Department protection through ofChildren theDepartment caters for childrenServices inneedofcare and ofLabour,The Ministry SocialSecurityand Advocating for childrights’issues. resources for childwelfare activities; and Being asource for, andcoordinator of, children’s activities; Planning, monitoring and evaluation of issues; childrightsCoordinating andsupporting Juvenile Justice System 315

9 NATIONAL DESK REVIEW AND FINDINGS 93 SAVE THE CHILDREN SAVE

319 Rights (KNCHR) The Independent Policing The Independent Policing Authority Oversight National The Kenya Commission on Human and complaints reporting reporting and complaints mechanisms Oversight, monitoring Oversight, The KNCHR is an autonomous national human Article 59 of the by rights institution created 2010 and established Constitution of Kenya, National Commission on Human the Kenya by It is a successor to the body 2011. Act, Rights to information, the right to basic services such to information, housing and other education, health, as water, aimed are These provisions individual rights. participation citizen public in increasing at space and in turn widening the political affairs, practices in the country. enriching governance 9.2.6.1 Authority Oversight The Independent Policing Parliament of Act an through established was for provide to 2011 November in published of the police the work over civilian oversight Authority the of functions The Kenya. in impartial conduct to independent and are audits and monitoring inspections, investigations, Serviceof the National Police to prevent in the impunity and enhance professionalism of the public. interest 9.2.6.2 on July 20, 2016 the National Committee on on Committee 2016 the National 20, on July of Justice (NCAJ)Administration the launched neglect of that survey which showed report psychological physical, including rights, children still a big part are and sexual violence of all stages of Kenya’s across lives children’s justice system. 9.2.6 in Constitution new a promulgated Kenya civilian oversight. for 2010 that provided Rights with of The Constitution has a Bill access as such areas key affecting provisions

318

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316 During the closure of the Improving the Kenya the Kenya of the Improving During the closure conference Justice System project Juvenile were trained on child-friendly practices. This This practices. on child-friendly trained were cases has enabled fast-tracking of children’s and hence structures community involving by unnecessary from exposure children protecting to the long judicial processes. ed, assessed and provided with with provided assessed and identifed, were services and education special related including Department538 Furthermore, support. medical with provided Serviceof Children offcers were education certicounselling, studies in fcates for magistrates Ninety children and social work. justice system. The project refurbished basic basic refurbished The project justice system. statutory of ten infrastructures institutions, It courtssix children and nine police stations. violence in also engaged about 1000 children monitoring and reporting against children with disabilities while 114 children procedures courts without cognizance of the fact that they children. are Union (EU) and the In 2016 the European a project completed of Kenya Government juvenile the Kenya on improving focused public. Juvenilecourts are regular courts regular that are Juvenilecourts public. In cases on an ad hoc basis. children’s process to accorded protections special the practice, often disregarded, are under the CYPA children adult regular in tried often are as children and to non-criminal “protection or discipline” or discipline” “protection and to non-criminal matters. building courts sit in a different must Juvenile from times different at or days different on or to the closed and are courtsadults, regular for juvenile courts all hearing of purpose the for juvenile eighteen years persons under charges against are children where except in cases of age, cases are with adults (these charged jointly The jurisdiction of adult courts). in regular heard courtsjuvenile extends to both criminal matters Persons Act (CYPA). The CYPA establishes establishes The CYPA Act (CYPA). Persons 94 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN over theyearsremained receptive torequests in the international system.efforts Kenya has Kenya isakey ofUNpeacekeeping supporter 9.2.7 proactive andreactive investigative powers. as provided for intheConstitutionincluding the HumanRightsandEqualityCommission the Ombudsmanhaspowers equivalentto Pursuant to 59(5)(b)oftheConstitution,Article of Kenya intermsoftheKenyan Constitution. authorities respect thesovereignty ofthepeople of theOmbudsmanistoensure that public on Administrative Justice Act, 2011. The function Kenya, 2010andestablishedby theCommission was created by 59ofthe Constitutionof Article referred toastheOffceofOmbudsman, The Commission on Administrative Justice, also 9.2.6.3 of Parliamentin2002. of thesamenameestablishedby anearlier Act Kenya, 2010. Section 18(c) oftheKenya Defence stipulated in 240(8)oftheConstitution Article by theNationalSecurity Council(NSC)as operationsismade international peacesupport decisiontodeploy forThe primary regional or 9.2.7.2 following UNSecurityCouncilResolution2036. Kenyan troops were re-hatted into AMISOM offensive against al-Shabaab. In mid-2012, the troops entered Somaliatolaunchamilitary occurred on16October2011whenKenyan date hasbeeninSomalia. The initialdeployment signifcant deployment ofKenyan troops to fromApart UN peace operations, the most 9.2.7.1 Background inthehoststate.consent oftheparties to contributepeaceoperationsbasedonthe Kenya andpeacekeeping Administrative Justice (CAJ) The Commissionon peacekeeping deployment Legal Framework for set ofobjectives andendeavours toensure has setoutaforeign policycontainingaclear of governance set out in the Constitution, Kenya Arising from thenationalvaluesandprinciples 9.2.7.3 peacekeeping purposes. maker regarding thedeployment oftroops for Forces (KDF), remains themostcrucialdecision- the Commander-in-Chief oftheKenya Defence President of the Republic of Kenya, who is also Assembly. Basedontheadvice oftheNSC, the only bedonewiththeapproval oftheNational operationscan and internationalpeacesupport Act, 2012 stipulates that deployments for regional is alsodeveloping aC-IED (CounterImprovised Action andDisarmamentProgram. The centre of explosives. For instance, the centre has a Mine including violentextremism andtheprevalence and adaptingtomission-speci fc challenges, The centre has also invested in researching most establishedcentres onthecontinent. (EASF). Itis now oneoftheoldest, largestand (ASF) andtheEastern Africa Standby Force two standby forces: the African Standby Force operations, the centre alsotrainspersonnelfor preparing Kenyans for bothUNand AU peace training centres for AU missions. Inaddition to The IPSTCbecameoneofthemostimportant and education. embracing notjusttrainingbutalsoresearch centre hasbecome anindependentregional hub peacekeeping missions. Since its founding, the Kenya’s nationalforces for deployment toUN College. The centre initially focused onpreparing oftheKenyanin 2001aspart Defence Staff (IPSTC), located in Karen, was established The International Peace Support Training Centre 9.2.7.4 national interest. maximum protection andpromotion ofthe Military Doctrine Training ofpeacekeepers 320

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326 It exhibits one of the world’s world’s the one of It exhibits 325 Despite these rates of economic growth, Despite these rates of economic growth, Côte d’Ivoire 324 highest gender inequality rates borne out by highest gender inequality rates borne out by its ranking (171 out of 188 countries) in the UN Gender Equality Index. is a country that is still recoiling Côte d’Ivoire post-election violence that the widespread from commentatorAs one it experienced in 2010-11. proceedings. The accused are allowed to have to have allowed The accused are proceedings. since Unfortunately, defence. legal own their no interviews conducted with the military were provide to possible not is it KDF, the with on militarydetailed information justice for perpetrators of violations. 9.3 9.3.1 Background nut and cashew leading cocoa As the world’s and an oil exporter with a major producer wields Côte d’Ivoire sector, manufacturing considerable economic clout in the sub-region. to be one of continued Côte d’Ivoire In 2017, with a growth most vibrant economies, Africa’s around at steady hold to expected is that rate 7.6%. inequalities experiences massive Côte d’Ivoire the depth 1985 and 2011, Between in wealth. considerably, increased of poverty and severity 10% to 51% of the approximately from moving population. Westgate Mall. It has been deployed to maintain It has been deployed Mall. Westgate of number a in clashes communal after security the country. around regions military human has been accused of Kenya’s its operations in Baringo, rights violations during among Mandera and Garissa Elgon, Mount held rarely fcers are and its of other areas, is that there Part of the problem accountable. and accessible mechanism for easy is no direct, and seeking redress. reporting violations Military of personnel that stand accused Constitution and military violating the Kenyan courtopen in tried martial are conduct of code mechanisms Pre-deployment training Pre-deployment Military Justice Military Justice Force (KDF) has been deployed to fght al- (KDF) has been deployed Force respond to had has it Somalia; in Shabaab attacks in to Islamist militants’ devastating and University Garissa as those at such areas Amidst a growing sense of insecurity in parts Amidst a growing the past over region and the broader of Kenya has been growing army the Kenyan years, few Defence The Kenya in visibility and importance. negotiation, mediation, among others. Child Child among others. mediation, negotiation, part forms pre- the of protection and rights and of training of peacekeepers deployment the national training curriculum. 9.2.8 rights is emphasized. International Humanitarian rights is emphasized. all at is built into all training programs Law the at the KDF Headquarters, Conducted levels. is dedicated to attitudinal training curriculum on impartiality, an emphasis with reorientation 9.2.7.5 cers to peace off of Kenyan The deployment operations is done after fulflment of peace months’ operations training consisting of three personnel. and units for training pre-deployment The importance of training the military human in the centre. In order to diversify its partnerships, its partnerships, to diversify In order the centre. and troop- other to looked also has centre the knowledge for countries police-contributing solutions. exchange and innovative other countries and international organizations. organizations. other countries and international 15 partnerships, signed has centre the Since 2011, Women. and UN including with Canada than 30 more it has accumulated Moreover, Save to Police the Rwanda National from clients, at courses offered sign up for who the Children, that the mines and explosives are among the among are and explosives that the mines in the to peacekeepers fcant threats most signi and other settings. Africa Horn of centre peacekeeping its has strengthened Kenya the establishment of partnerships with through Explosive Devices) wing, in response to the fact to the fact in response wing, Devices) Explosive 96 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN registration of victims for purposes of assistance alleged irregularities by thegovernment inthe on thefeldofhumanrightsnoteddelays and a recent by report aUNindependentexpert to accountfor theiractions. been slow andperpetratorshave notbeenheld rendering justicetothevictimsofconflicthas Dialogue Commission. However, theprocess of which setsupa Truth andReconciliation passed Order No. 2011-167of13July 2011, process ofreconciliation, President Ouattara by impunity. democracy andpeaceare notundermined legal systemisurgently neededtoensure that this process, theconsolidationofIvorian people totrusteachotheragain. of As part of socialtransformation isrequired toenable characterised by latenttensionsandaprocess situation where sectionsofIvorian societyare left anindeliblemark. massacres by thearmedforces andgroups have perpetrated, especially therapes, and torture relations between citizensastheviolence expressed, the conflict in Côte d’Ivoire changed UN d’Ivoire (UNOCI)inJune 2017. According to decided toclosetheUNOperation inCôte legislative elections, theSecurityCouncil of peace, andthesuccessfulpresidential and in view of the relative stability, consolidation to thebarracks. context isfragileasarmedforces refuse toreturn Côte d’Ivoire is in a state of change, but the always have itssay.” international humanitarianlaw, justiceshould cases ofseriousviolationshumanrightsand political conflictsandnotedinsteadthat “in for perpetratorsofviolationscommittedduring the recommendations for apossibleamnesty was due–itnonethelesswarnedaboutoneof inOctober 2016–tworeport yearsafterit welcomed thepublication of theCommission’s and compensation. fgures, 2018, as at 31 January Côte d’Ivoire 329 As asignofcommitmentto 332 Despitethesechallenges, and 331 Moreover, whilstthereport 327 This hasresulted ina 330 Inthisregard, ratifed the Revised ECOWAS Treaty of 1993 it hasonly signed. Inaddition, Côted’Ivoire has Child onaCommunications Procedure, which Protocol totheConvention ontheRightsof conventions withtheexceptionofOptional key international andregional treaties and d’Ivoire hasaccededtoorratifedmostofthe As setoutin Annex Ctothisreport, Côte 9.3.2 male and13female. peacekeeping operations, 231 of which were has contributedatotalof244personneltoUN 9.3.3 Economic Community of West African States. and the Protocol relating of the to the Court GDP inbillions-PPP$ Total (%ofGNI) debtservice Annual GDPgrowth (%) GDP percapita-PPP$ PPP$ aday (%ofpopulation) Poverty headcountratioat3.10 population aged15-49years) Prevalence ofHIV(% (years) Life expectancyatbirth live births) rate(per1,000 Infant mortality woman) Total per rate(births fertility population) Rural population(%oftotal younger (inthousands) Population aged14yearsand thousands) Population 15-24years(in Annual populationgrowth (%) Total population(inthousands) Ratification of Main childprotection Instruments International andRegional issues inCôted’Ivoire 333

4.40 7.80 3,496 55.10 2.70 54 66 4.90 44 10,089 4,797 2.50 23,696 334 96 9 NATIONAL DESK REVIEW AND FINDINGS 97

341

340 342 SAVE THE CHILDREN SAVE

343 consequences for the young women as as women young the for consequences nor prepared not psychologically they are do they understand all the responsibilities in marriage. and consequences involved neither are these young women Furthermore, pregnancy for ready physically nor mentally while perpetrators remain unpunished. while perpetrators remain national survey to the most recent According aged 5-17 children 1.4 million on child labour, labour. engaged in child years old (20%) are with 51 hours a week of an average They work agricultural sector the in about 49% working Child in the servicesand 38% working sector. whether girls than boys, more labour affects and is mostly in urban or rural areas, they are (74%) tend to work workers Boy based. family most girl workers sector while agriculture the in agriculture and in the domestic mainly are trade (22%). and sectors (38% / 37%); and child of violence to various forms In addition 33% of young Ivorian approximately labour, attaining 18 years of before married are women current if years; 15 reaching before 10% and age could the rate of child marriage continue, trends still be 30% in 2030. in serious health result These marriages to exposure to sexual violence, 7.6% of girls 7.6% of girls to sexual violence, to exposure violence from victims of sexual are aged 15-17 are 38% of child students partners; their intimate victims are 10% sexual harassment; victims of of rape victims 18% are of sexual abuse and of this violence is Most children). 469.472 (i.e. but sexual violence (51%), peers committed by Sexual issue. as an teachers is recognized from and/ pregnancy to early abuse of girls can lead the consequences on with severe or HIV/STI, life education and risks, girl in terms of health child victims of The majority of opportunities. silent and do not seek violence and abuse keep 51% of child assistance (65% of girls 15-17; services, students) nor do they access formal

339 One 338

337

335 Fertility stands at an average of 5 Fertility stands at an average 336 are twice more exposed than their elders; and exposed than their elders; twice more are are in particular, boys 30% of child students, With regard victims of humiliating punishments. In institutions such as schools, children are are children In institutions such as schools, 70% of child students exposed to violence: highly genderno signifcant with violence, face physical half (46%) of child students are Almost disparities. studentschild younger but teachers their by hit punishment as a means for education; social social education; means for a punishment as within the norms justify violence against women the acceptability of wife by as evidenced family 25% of girls aged 15- In the household, beating. violence. victims of domestic physical 17% are The widespread and accepted nature of violence nature and accepted The widespread is of particular concern. against children 87% of them aged 2-14 years, Among children violence and 21% victims of emotional are corporal punishment. victims of severe corporal considers three of out mother/tutor 68% in 2012, there are still persistent disparities are there 68% in 2012, numbers, In boys). for 72% and girls for (64% 0.8and 6–11 aged children 1.2 million are there out of school, million age 12–15 years who are girls. the majority of whom are malnutrition and, despite a decrease in HIV/ in decrease a despite and, malnutrition 2005 to 2.7% in 4.7% in (from AIDS prevalence highest prevalence has one of the it still 2016), Whilst the net school Africa. West rates in to 2006 in 55% from up went rate enrolment measures reveal that 55% of the population still that 55% of the reveal measures 48.9% in up from line, the poverty below lives It is a country both by that is affected 2008. is The latter mortality. infant and maternal particularly 614 deaths per 100,000 high with by is also affected d’Ivoire Côte births. live As of 2016, Côte d’Ivoire had a population of population a had d’Ivoire Côte 2016, of As the age of of which is below 43% 23.6 million, 14 years. between with disparities per woman, children Recent poverty (3.7). areas rural (6.3) and urban Socio-economic indicatorsSocio-economic 98 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN nationale de protection judiciaire del’enfant etdela Protection ofChildren and Youth ( PNPE) and the National Policy for the Legal (Politique nationaledeProtection del’enfant adopted aChildProtection NationalPolicy Children’s Act. However, the government has Côte d’Ivoire doesnothave aself-standing between menandwomen. expresses itscommitmenttopromoting equality promoted, protected and guaranteed; and dignity, justiceandgood governance are which human rights, public freedoms, human determination tobuildtheruleoflaw upon 2016. This Constitutionaffrmsthecountry’s Côte d’Ivoire adoptedanew Constitutionin 9.3.4.1 Background 9.3.4 bodies are ready. complications duetohaving babiesbefore their and oftensuffer sexualandreproductive health the CommitteetoCombatChild Traffcking against Women andChildren (CNLVFFE); the NationalCommitteeagainst Violence address variousissuesaffecting children include Other committeesthathave beenestablishedto oftheInterior.which reports totheMinistry falls withintheDirectorate ofCriminalPolice, to minors. The aforementioned Sub-Directorate Juvenile Delinquencythat provides assistance Directorate for CombatingChild Traf fcking and conflict withthelaw are covered undertheSub- with the law in an integrated manner. Children in and exploitationaswell aschildren inconflict and managechildren whoare victimsofviolence topreventcoordinates multi-sectoral services for anationalanddecentralizedsystemthat country. frameworks for theprotection ofchildren inthe jeunesse -PNPJEJ), whichare nationalreference 346 National ChildProtection Laws andMechanisms The PNPEandthePNPJEJprovide 344 345

Politique - competency. Without local representation, a physical presence in Abidjan, ithasnational law. Even thoughtheSub-Directorate hasonly are victims, witnessesorare inconflictwiththe works withminorsbetween 0to18yearswho as the This Sub-Directorate, whichusedtobeknown 9.3.4.2 2011. Exploitation and Child Labour established in Committee on Actions toCombatSlavery, and Labour; andtheNationalMonitoring the purview oftheSub-Directorate.the purview investigations,fle for further which isbeyond a casehasmerit, theprosecutor requests the provides directives/instructions to the police. If Directorate works with the prosecutor who After aninvestigation isconcluded, theSub- be lodged via telephone, including anonymously. child tolodgeacomplaint. Complaints can also there isnoadult, asocialworker assiststhe by an adult (parent, guardian, neighbour). If only bereferred totheMonitoringCommittee – thisisnotdoneby thepolice. Children can and hearings withchildrenconduct interviews Directorate hasaccesstosocialworkers who As aresult ofthisrelationship, theSub- presided by theFirstLadyDominiqueOuattara. Trafficking, Exploitation and Child Labour, Monitoring Committeeon Actions toFight the Sub-Directorate of the National forms part representatives from thisSub-Directorate, conductedwithBased oninterviews to variouslocations. representatives from theSub-Directorate travel the country. Thereafter, resources permitting, (gendarmes and police stations) in the rest of the Sub-Directorate works withfocal points 347 ‘Brigade de Mineurs’ ‘Brigade

and Juvenile Delinquency ChildTrafficking Combating The Sub-Directorate for (Brigadefor Minors), 348

9 NATIONAL DESK REVIEW AND FINDINGS 99 In this regard, In this regard, SAVE THE CHILDREN SAVE 356 These interventions 355 protection with NGOs and other actors. with NGOs and other actors. protection mapping has been a regional At present, and organisations various the of undertaken the services that they provide. support Ministry the to provided of UNICEF in 2017 to draft a and Children Women the local level and zero tolerance for violence tolerance for and zero the local level the Ministry level, community and at family on the need to plans to carry out awareness rights. children’s respect that practices and beliefs at changing aimed are the right them denying a child, beating regard early married them to get to school or forcing this Through acceptable. as will their against or the aim is consultations, of community process Committees located to set up Child Protection which monitor and report within communities, the on possible violations (such as approaching The police/gendarmerie in the case of rape). the local inform is to role local committee’s authority (public in the community structures of a worker) health teacher, gendarme, – police, particular so that action can be taken. violation of violations, to victims care to provide In order Ministrythe both at platform a adopted has which brings levels, national and regional government from together representatives a bearing on child departments that have the incidence of cases of violence, abuse and and abuse of cases of violence, the incidence a pursues axis prevention The exploitation. so that adults in mentalities lasting change children. towards behaviour abusive from refrain on the policy is focused In terms of prevention, the establishment and interventions: key two report to helpline free a of popularisation to a referral 516) linked incidents of abuse (line judicial social, community system made up of support in that provide and security structures service sensitisation delivery community and activities. and Due to absence of mechanisms to prevent rights at assist in case of violations of children’s

the the police 354 349 Commission

353 which indicated that in the in the which indicated that 351 350 It is, however, extremely under- extremely however, is, It 352 National Child Protection National Child Protection (PNPE) Policy cking. f Children, is to combat violence, abuse and abuse and is to combat violence, Children, It is thus expected exploitation against children. in reduction a be will result general the that 2020 to align it to the country’s National National 2020 to align it to the country’s Plan. Development to interviewsAccording conducted, which is of the PNPE, general objective and Women Ministry the by of administered 9.3.4.3 protection child a by complemented is PNPE The implementation the for (2015-2018) plan action that has been extended until of the Policy Instead, a number of the services provided by by of the services a number provided Instead, donors/ fnanced by are the Sub-Directorate which factor - a organisations international by the state in prioritisation does not reflect terms of budget allocation. traf with a limited budget that does not resourced to transport to travel basic supplies, cover locations and has a minimal number various police 5 commissioners; police (2 staff of fcers). and 19 sub-of 3 social workers offcers; on child issues. a total of received In 2016 the Sub-Directorate sexual including violations on complaints 825 and exploitation of children rape, violence, Nationale des Droits de l’Homme de Côte d’Ivoire Nationale des Droits - CNDHCI), there gendarmes, and police for centres training also This of children. is training on the rights and members of the applies to social workers a module judiciary have as all training centres officers do not receive specific child rights child rights specific not receive officers do part as training their of protection child and when is provided Such training training. basic was This view offcers join the Sub-Directorate. National Human the contradicted by however ( Côte d’Ivoire Rights Commission of According to the information gathered, to the information According 100 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN state to subsidise organisationsthatassist Ministry, theiradoptionwould enablethe As pointedoutby representatives from the be formally adoptedandappliednationwide. documents have beendrafted, theyhave yet to their homesasaresult ofabuse. Whereas the of children who need to be removed from who are willingto assist with theplacement met by civilsocietyorganisationsandfamilies specifying requirements thatwould needtobe hasdevelopedThe Ministry two documents onbehalfofthestate.that render services does notsubsidisecivilsocietyorganisations since 2013. Moreover, at thisstage, the state enhance coordination have notbeenadopted an Inter-Ministerial Committee). The decrees to levels (local, regional, andnational, including established coordination mechanisms at all Committee meetingstofllthegapofformally- This occurs independently from nationalChild decidewhentomeet.civil societypartners coordination is still weak. Regional state and Committee. decree on the creation of the National Child Its prevention axisfocuses onthereduction forthem family opportunities reintegration. contact withthejudicialsystem andtooffer ofJustice,Ministry istoprotect allchildren in Protection ofChildren and Youth (DPJEJ)inthe administered by theDirectorate for theJudicial The generalobjective ofthePNPJEJ, whichis developed, they are yet to be formally adopted. action plan for implementation have been Whereas theNationalPolicy andaccompanying 9.3.4.4 recent Ministerhaving inJuly only 2018. started who have headedtheMinistry, withthemost that since2013, there have beenfour Ministers structures andorgans, highlighted theMinistry asked aboutthedelays intheformalisation of tochildren.it inrendering services When Children and Youth (PNPJEJ) Judiciary Protection of National Policy for the 357 Despite these developments, magistrates, judicialchildprotection educators insixregions. services judiciary Ninety-six capacity development ofsocialcentres and than punishment. criminal cases, must be rehabilitation rather a process whosefundamentalobjective, in reached of by juvenilejudgesaspart court factors are taken into account in thedecisions cases toensure thatsocialandeducational judges inmakingdecisionscivilandcriminal plan, the Directorate juvenile supports court the absence of a formal and action strategy who are authorsofcrimeandvictims. Despite commitment towards working withchildren of recidivism whilstthepolicyalsoincludesa report casessincethisisarequirement inthe f a medical certi sexual violencecontinue tobeasked to produce should beconsidered acrime. Lastly, victimsof recently, the Minister of Justice said thatrape rape asacrimeintermsofexistinglaws; only There are alsoproblems inqualifyingcasesof punishes girlswhoare subject to thesepractices. name tothechild, apracticethateffectively born from incest is not required to give his adultery. Inthisregard, thefatherofachild problems withchildren bornoutofincestand marriage from theageof16years. There are of 21years, whereas girlscanconsummatea the ageof18yearsandboys from theage terms oftheFamily Code, from girlscanmarry rights ofthefamily over thoseofchildren. In other piecesoflegislationtendtoprioritisethe protection. For instance, the Family Code and that need to beaddressed toenhancechild noted thatthere are anumber oflegalissues on fghtingnationalimpunity. has The Ministry iscriticalforadoption ofthestrategy theirfocus Family andChildren, of In discussionswiththeMinistry Women, protection ofchildren. standards oftheadministrative andjudiciary and social workers were trained on national cate before being allowed to 358 In 2017, UNICEF supported 359 360

itwasnotedthat 9 NATIONAL DESK REVIEW AND FINDINGS 101 ) ) and) ) has has ) Cours Juge des des Juge ), which falls which falls ), SAVE THE CHILDREN SAVE ) at the lowest lowest ) at the Juge d’instruction Juge Cour D’Assises Cour

). In addition, children children addition, In ). Tribunaux de premiere de premiere Tribunaux 364 365 Tribunal pour enfants pour Tribunal police judiciare ) before a Juvenile Jury a Juvenile Court) before The CCP sets the age of criminalThe CCP 366 crimes ) will conduct the investigation and is and is ) will conduct the investigation ) and the Supreme Court at the top. In Courtthe top. ) and the Supreme at Cour d’assises pour mineursd’assises pour Cour Children are tried for minor offences minor offences tried for are Children and misdemeanours (délits) (contraventions) court ( Juvenile a before crimes ( for ( level, followed by three appellate courts appellate ( three by followed level, d’Appel Jurythe Court ( addition, possibility no is There crimes. over jurisdiction except judgments, to appeal the Jury Court’s with a cassation appeal in the case of acquittal of law. or in the interest terms, general in states, Constitution Ivorian The (as children protect duty to that it is the state’s not does but disabled) the and elderly the as well further give indication as to what this general duty entails. children capacity at 10 years of age and regards Ivorian old. years 18 than younger anyone be to police custody legislation is silent on the arrest, The trial of of children. or police interrogation a separate chapter of by is regulated children judge ( A children’s CCP. the Ivorian enfants the child of age determining the for responsible of or guardians his or her parents and informing against the child. taken the criminal proceedings Judicial Police ( Judicial Police Interior and is Minister of the under the and investigating preventing for responsible and identifying gathering evidence crime, the Prosecutor The Office of perpetrators. criminal prosecutions; is in charge of leading ( Judge and the Investigating The criminal investigations. for is responsible intervenes in judge systematically investigating in basis, on an optional cases of crimes and, cases of misdemeanours. with pyramidal, is judicial system Ivorian The 44 frst instance courts ( de tribunalsections instance and cate 363 f ). the DPJEJ crimes 361 ) or crimes ( The DPJEJ runs centres at The DPJEJ runs centres délits 362 Law enforcement enforcement Law mechanisms in criminal matters children Access to justice for for Access to justice Law enforcement is not framed in the the in framed not is enforcement Law in criminal In terms of the CCP, Constitution. in the is vested enforcement law matters, misdemeanours ( 9.3.5.1 awareness campaigns to encourage the campaigns to encourage the awareness reporting of violations against children. categories of crime defnes three law Ivorian each. for sentence brackets with different (contraventions), offences minor are These legal framework. protection judicial the for tribunals various these centres, Through and youth. of children and their children the DPJEJ guides parents lodging in and rights their understanding in out community It also carries complaints. assists children who are in danger, witnesses, witnesses, danger, in are who children assists However, of crimes. authors as well as victims limited juridical protection is currently there this aspect victims and witnesses of crimes; for current in the has been identifed as a weakness Criminal Code. They favour measures of of measures favour They Criminal Code. supervision and education support, protection, conflict with the law in children adapted for deprivation of liberty. before to interviewsAccording conducted, 9.3.5 justice system is the juvenile In Côte d’Ivoire, articles by Criminal the Code of of governed the the Civil Code and (CCP), Procedure gathered, this practice continues despite the fact this practice continues gathered, affrmed of Justice recently that the Minister certi medical a such of production the that victims that prevents should not be an obstacle cases. such reporting from Criminal Code. According to the information to the information According Criminal Code. 102 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN representative, thelattersubmitsappealon made againstchildren. andappealproceedingscourts for judgments The CCPalsoprovides for specifcappellate well. adequate; lawyers donotrepresent children instances, the representation rendered is not from the DPJEJ remuneration for theirservices. Representatives are oftennotavailable andmay notreceive full assistance is often limited since private lawyers Despite theseefforts, theprovision oflegal prosecutor may appointasuitableperson. in the area where the minor isdetained, the chairperson oftheBar. Ifthere isnolawyer will beappointedby theprosecutor orthe representative; instead, alegalrepresentative Court. Children cannotchoosetheirown legal camera exceptthosebefore theJuvenile Jury All hearingsbefore juvenileare courts heldin who may betriedwiththeiradultco-accused. those aged16andolderchargedwithacrime, must betriedseparately from adults, except status aschildren, theymightbeneftfrom a a criminal sentence; alternatively, due to their 13 and16yearsmay beexempt from receiving having to stay at COM. Children aged between the location ofparents toprevent children from organisations suchasDDE-CIoftenassistwith cannot be found. The DPJEJ and civil society that are notconsidered seriousiftheirparents Minors (COM)iftheyhave committedviolations be senttotheCentreof for theObservation In somecases, children aged11to13might protection, assistance, or education. supervision her; heorshecanreceive only measures of have acriminalsentenceimposedonhimor aged 10to13may befound guiltybutcannot regarding thesentencingofchildren. Any child The Ivorian Criminal Code provides clear rules Sentencing ofchildren behalf ofthechild. 367 also mentioned that in some 368 Ifthechildhasalegal may beimposed only ifthe child is younger or wingoftheprison. However, suchasentence a measure oflastresort, inaseparatefacility Children may also receive aprison sentence, as from adults. last resort, inwhichcasetheymust beseparated crime may beheldinremand asameasure of Children aged 13 to 18 and charged with a sentence or from prison sentence. a shorter case, may beneftfrom anexemption ofcriminal aged between 16and18, dependingonthe they canbesenttotheadultprisons. Children and iftheyhave committed grave violations, for adults. From theageof13yearsupwards, prison sentencethanwhatisprovidedshorter the standard legislative texts, including theCivil and CivilLiberties, areform isundertaking of At present, of Justice, the Ministry Human Rights or feeding. prisons acceptednoresponsibility for theircare lived withtheirmothersinprison, although also notedthatchildren offemale inmatesoften daily for activities. Some commentators have during theevenings andreturn totheCOM stay withfemale inmatesintheadultprison for girlswhoare detained; consequently, girls the prisonfor adults. COMalsolacksfacilities for children, itislocatedinthesamepremises as that theCOMismeanttobeaseparatefacility convicted prisoners. Moreover, despitethefact prisons, as well as holdpre-trial detainees with continue to hold juveniles withadults in some repeatedly pointtothefactthatauthorities from adultswhilstindetention, numerous actors Despite thefactthatchildren must beseparated also regulates minorsindetention. detention untiltheageoftwo years. The law young children canstay withtheirmothersin judge in his or her ruling. Finally, infants and prison population. This decisionismadeby the be either released or transferred to the general than 21, atwhichagetheyoungpersonmust 370

369

9 NATIONAL DESK REVIEW AND FINDINGS 103

373 Code de Code de ) are pieces of ) are SAVE THE CHILDREN SAVE ) and the Military the and ) Function The armed forces have also have The armed forces 374 Code de la fonction militaire Code de la fonction adopted a charter a code of of ethics and of this charter and A revision military conduct. under way. code is currently for offenses committed during or after the post- offenses for the Military August 2015, In electoral crisis. formerly a major, Abidjan convicted Court of of Simone Gbagbo, in charge of the protection He received assault and battery. of murder, a 20-year prison sentence and was barred also progressed Trials the gendarmerie. from liated with security offcials aff additional for from ranging charges with Gbagbo, Laurent military desertion to various violent crimes. ( of MilitaryThe Code Procedure militaire procedure Code ( the existence of militarylegislation that govern military on a law Recently, justice and tribunals. 2016-2020 has also been adopted, planning for on the status of militarywhilst a draft decree the Ministryjudges is due to be signed by of This new and the MinistryDefence of Justice. independence and greater give status would authority to military judges in exercising their functions. The military and military police tribunal are and prosecuting investigating for responsible by abuses perpetrated alleged internal abuses This includes services. the security military by perpetrated deployed members country the outside part as peacekeeping of ascertainto relevant is it this, of view In missions. members that ensure to exist that measures on of military deployed contingents who are violations accountable for missions can be held in such situations. children perpetrated against indicates that in 2015 the military Research the year, operational during tribunal remained fle convictions some high- pro were and there relates to the to the relates 371

372 Mechanisms Military Justice Military Justice covers rural areas, outside of major urban outside of major urban rural areas, covers mandated to maintain and is primarily centres, public order. falling under the Ministry of Defence, are made are falling under the Ministry of Defence, of Ivory Coast (FACI). Forces Armed up of the maritime land, made up of air, are The FACI The national and the Gendarmerie. forces, mainly a commander, headed by Gendarmerie, rst half of 2018, the 2018, half of the frst In forces. its armed by 2000 approximately for negotiated government to accept voluntary army of its 25000 strong retirement. of the country, forces The security and defence The government of Côte d’Ivoire is still taking of Côte d’Ivoire The government its armed forces, over its control steps to exercise trying to manage members who were carefully the In 2017, President. supporters the previous of country attempted mutinies two experienced court. Once a court becomes designated as a court. it becomes the judge presiding court, children’s judge. a children’s 9.3.6 such persons do not receive specialised training specialised such persons do not receive the designation of Moreover, rights. on children’s to the is not linked judge a judge as a children’s to the specialised training of a judge but rather designation of a particular court a children’s as cant delays. experiencing signif are processes during the course of Another aspect raised interviewsin Côte d’Ivoire the judges and offcers of children’s of training to some interviewees, According judicial police. Procedure. Some of the reforms include the the include of the reforms Some Procedure. the defnition of of the assize court, reform certainin the Criminal contained offences alternatives of establishment the and Code the punishment of minor to imprisonment for these as noted earlier, However, offences. Code, Criminal Code and Code of Criminal Criminal of Code and Code Criminal Code, 104 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN stating thatthemoduleshave beenintegrated. mentioned that there seems to be a law/decree basic trainingofthearmedforces andalso the modules have been integrated into the trainers. Someinterviewees corroborated that time. from the Secretary-General’s report at that requirements for Côted’Ivoire to bedelisted groups orforces. This trainingwasoneofthe come across children whoareofarmed part and whattodoininstanceswhere soldiers in relation tochildren andsexualviolence to internationalstandards ofprotection were extensively trainedonissuesrelated country, the armed forces of Côte d’Ivoire d’Ivoire (ONUCI)wasstillpresent inthe whilst theUnitedNationsOperationinCôte established thatduringtheperiod2015-2016, conducted, Based ontheinterviews 9.3.7 modules of training on the rights and protection lasting changeofbehaviour among theMilitary, regions Coast. oftheIvory military To achieve Chief of Staff and are distributed in the four (4) points have been designated as such by the rights and protection of thechild. These focal of trainers composed of 30 focal points on partnership, Save theChildren formed apool before, during and afterarmed conflicts. In this to prevent violationsoftherightschild with theIvorian Armed Forces ChiefofStaff affairs, in2016, Save the Children partnered human rightstraining. To remedy thisstateof and require appropriate initialandin-service lack an understanding of child protection issues Commentators notedthatthearmedforces 9.3.7.1 protection focal points within the armed forces. Another development isthedesignationofchild 376 The trainingincludedtheof Engagement with mechanisms accountability the militaryand Training of Armed Forces 375 itwas been fully trainedby Save theChildren. willbethefrstcontingenttohave(to CAR) Importantly, thenextcontingenttobedeployed when thenextcontingentwillbedeployed. deployment training, sinceitisoftenunknown and captainsasopposedtofocusing onpre- on-going workshops/conferences withoffcers training, Save theChildren alsocarries out in thepresence ofchildren. Besidesthebasic to assisttroops tounderstandhow toreact theoretical knowledge andpracticalscenarios the military. The modulesincorporateboth developed thesemodulesinconjunctionwith Training Curriculum. Save the Children has of children have been introduced in the Military undergo training on IHL and IHRL and expected undergo trainingon IHL andIHRL expected the projected pilotbattalioncomestogetherto In general, eightmonthspriortodeployment, period ofatleastthree (3)yearsinthemilitary. human rightslaw andtohave for served a training oninternationalhumanitarianlaw and health, diploma, have a military have completed record,have acleandisciplinary beingood to bedeployed, peacekeepers are expectedto According to the information gathered, inorder 9.3.7.3 members. These are discussedbelow. deployed(debriefing) tosupport military experience, age, andpsycho-socialsupport conduct beyondcapacity-building, including there are anumber offactorsthatmay influence understand theframework for childprotection, addition to enhancing the capacity of troops to mission. senior offcerswhohave beendeployed on wereInterviews conductedwithtroops, including 9.3.7.2 377 highlighted thatThe in interviews keepers tobedeployed Requirements for peace- children’s rights peacekeepers inrelation to ensure accountabilityof Existing measures to 9 NATIONAL DESK REVIEW AND FINDINGS 105 SAVE THE CHILDREN SAVE

379

380 Child Protection during Child Protection missions They have different reactions and needs. It was and needs. reactions different They have conduct is to ensure in order suggested that, staff, medical contingent, a within maintained form psychological support, who can provide part of the contingent to assess behaviour counselling, debriefngs, for and be available Importantly, the interviews highlighted that the interviews highlighted that Importantly, members of of training received, as a result the rules, on versed military well contingents are that govern and conventions international law in situations of situations of child protection challenges arise However, armed conflict. As of a mission. with the duration and routine the challenges one interviewee, explained by in the arise when members of a contingent are initially Whilst months. three or two for feld as time disciplined and eager to serve, they are sets of the terrain begins to pass and the routine of soldiers and the training they the attention in, This is regarded begins to wane. received have SEA are there why as one of the reasons members amongst misconduct and violations of a contingent. is A critical factor that impacts on the above As it was noted members. the age of deployed in their 20s soldiers who are in the interviews, and psychological physiological different have old. years 50 be might who soldiers from needs 9.3.7.5 the armed forces with members of In discussions might be as there much it was noted that as a within Advisors (CPAs) Child Protection such on the mandate), mission (dependent Offcers (CPOs) Advisors and Child Protection They partdo not form national contingent. of a It was at the mission HQ. found often are should be changed suggested that this practice Offcer to be Protection a Child for to allow contingent with a integrated into the national support permanent on-going, to providing view forces. to the deployed

378 ve years or more, such more, or years fve Vetting process Vetting to be deployed, the list is sent to the UN which to be deployed, often and process vetting own its undertakes shortens the list of members to be deployed. could influence the selection of members to be on mission. deployed in the case of UN It was further indicated that, conclude Forces Armed once the Ivorian missions, of potential members procedures their vetting the list of names of the members of the armed the list of names of the members of the This is of on mission. that will be deployed forces unable concern as civil society organisations are transgressions about any information to provide but committed that such members might have and which which do not amount to a conviction, a member of the armed forces rapes anyone or rapes anyone a member of the armed forces of sentence a receives Army. the person is dismissed from do not publicise the armed forces Unfortunately, cers have and civil courts to establish if the offcers have armedThe pending. cases or record criminal any a database that includes information have forces violations or cases pending against about any not they are convictions, If offcers have offcers. It was indicated that if deployment. selected for 9.3.7.4 the Human process, As part of the vetting examines armed forces division of the Resources potential offcer selected for of each the record militarythe with liaises and deployment tribunal outline that TCCs are expected to be consulted are TCCs outline that this mission mandates, on the definition of It is common practice does not occur. generally to accept the mandate and rules of TCCs for to them. engagement as presented on the mandate for the mission, pre-deployment pre-deployment the mission, for on the mandate as protection such fc areas speci training covers the as as well and child protection of civilians force). use of (i.e. rules of engagement documents though UN It was noted that even conduct whilst on mission. Further, and based Further, on mission. conduct whilst 106 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN the mission’s HQandtothe TCC. conduct anddoregular reporting directly to heads andcompany commandersmonitor hide information aboutviolations. Battalion there are memberswhofailtoreport and was recognised thatdespitethesewarnings, procedures, possiblerepatriation, etc.). Yet, it there are grave consequences(i.e. disciplinary has violatedtherulesorrightsofothers, told thatiftheydonotreportsomeonewho any wrongdoing. Contingent members are also standards ofconductandtheirdutytoreport induction trainingwhere soldiersare toldabout in a mission, it was noted that there is an transgressions andmisconduct. Uponarrival contingent isexpected toreport all forms of the UNsystem, every memberofanational conducted, Based ontheinterviews 9.3.7.6 to contingentmembers. assistance with stress management and support that suchinvestigators ofthe shouldform part of thedeployed contingent. Itwas suggested come from thearmy buttheydonotform part might be sent to the mission from the TCC. They in Côted’Ivoire. Itispossiblethatinvestigators Justice then submitted to the Division of Military salary, arrest andrepatriation. This docket is against thoseinvolved suchassuspensionof docket andthere canbeimmediate sanctions Nations Police (UNPOL), generally opensa violation, thisstructure, togetherwithUnited in monitoring of all components. If there is a (OIOS).Oversight Services This cell also engages in collaborationwiththeUN’s OffceofInternal (military, police, civiliancomponent)sometimes investigationspreliminary in all sectors Protection of Civilians, which carries out a cell, HumanRights, ChildProtection and wrongdoing, itwas noted that there is often In caseswhere there isanallegationof during missions Dealing withmisconduct 381 under 382

included in the Military Code and the Code of included in the Military there are a number of transgressions thatare pursued depends on the nature of the case – of Defence.the Ministry How the matter is there isacasetoprosecute. This isdonewithin issue. prosecutor decideswhetherA military thatlooksintothe commission ofenquiry If apersonisrepatriated, thenthere isa in Uganda. of thecontingent, asisthecasewithUPDF to dealwithissuesofjustice/misconduct as part it wassuggestedthatthere shouldbesomeone terrain andthecontextofmission. Further, contingent sothattheyare familiarisedwiththe dedicated tochildren. the statedoesnothave anOmbudsperson Commission andtheOmbudsman. However, purposes: theNationalHumanRights relevant oversight powers for childprotection Côte d’Ivoire hastwo mechanismsthathave 9.3.8 person. a particular on the case regarding measures taken against structures also demand follow-up and progress the progress inhandling such violations. UN months toinform thepubliconviolationsand prosecutor arethe military heldevery three However, inCôted’Ivoire, press conferences by tribunal, proceedings are not opentothe public. prisons. Ifamatterishandledwithinmilitary he orshewould timeincivilian needtoserve criminal courts. Ifthememberisconvicted, then proceeds to the civilian (as opposed to military) covered by thesecodes, thenthelegalmatter Conduct. However, ifthetransgression isnot Existing Oversight child protection mechanisms toenhance 9 NATIONAL DESK REVIEW AND FINDINGS 107 who who SAVE THE CHILDREN SAVE Mediateur, Service de protection

After decades of very 385 386 (PSE) (Senegal Emergence (Senegal (PSE) ), through which the Ombudsman which the Ombudsman through ), modest growth, the Government adopted the the Government modest growth, Emergent Senegal Plan plan designed to Plan) in 2014 – a development and get Senegal out of a cycle of low-growth economic Senegal’s reduction. poverty weak with 2018, in strong remained performance in the exercise of his offcial duties. in the exercise though the mandate of the Ombudsman is Even towards geared sub-division a have does it wide, ( of children the protection de l’enfance about the country’s aims to raise awareness and the to the UN CRC obligations in relation their know to children and empower ACRWC the Ombudsman launched a In 2017, rights. Ambassadors for to select Child programme rights based on their performance children’s the rights and been trained on after having of children. protections 9.4 Senegal 9.4.1 Background Senegal has a population of at least 15.5 million about a quarter of it concentrated (2016), and up to half the capital of Dakar, around in other urban areas. and work independently. Even though the though the Even independently. and work independent is a nongovernmental, Commission by on approval reliant is fully its funding body, the MinistryJustice. of 9.3.8.2 Ombudsman the establishes Constitution the of X11 Title or Offce of the Ombudsman, Republic the of President the by appointed is term upon six-year a non-renewable for National of the of the President recommendation The of the Senate. President and the Assembly may the Ombudsman that Constitution states detained or tried arrested, not be prosecuted, in connection with opinions or acts performed The NHRC 384

383 Commission of Côte d’Ivoire of Côte d’Ivoire Commission (NHRC) National Human Rights National the situation of persons with disabilities; and the situation of persons with disabilities; land conflicts and their impact. the protection of children in conflict with in conflict with of children the protection by committed violations the monitoring of importantthe monitoring of trials concerning national reconciliation; concerning national reconciliation; the law; the law; the armed forces;

in conformity with the Paris Principles, in terms Principles, Paris the with conformity in of independence and effectiveness. activities its fund to resources adequate needs and sanctions to be imposed. The Commission and sanctions to be imposed. extend to underway are plans indicated that this monitoring mechanism to the national police and the gendarmerie. is still a need to bring the NHRC there However, meets every month to review the situation on month to review meets every held nationally The meetings are the ground. The documenting of identifed and regionally. appropriate for possible it made has cases against perpetrators to be taken measures coordinating with the armed forces of Côte of Côte with the armed forces coordinating progress on follow-up and document to d’Ivoire as long the military, of violations committed by in the not being dealt with as such matters are with courts Commission cannot interfere as the mechanism This monitoring legal processes. (d) (e) the of monitoring of violations, In the area for Commission has established a mechanism of areas, including: of areas, (a) (b) (c) more salient in view of the departure of UNOCI of departure the of view in salient more Expert Independent the end of the and of in June 2017. Human Rights’ mission in a number been involved The Commission has Since it was established in 2012, the NHRC has the established in 2012, Since it was a in re-establishing to play had a central role human rights. and protects promotes that culture of the NHRC has become increasingly The role 9.3.8.1 108 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN youth, women, particularly facedimprospects graduates), andwidespread poverty, Senegalese high unemployment (even amonguniversity country’s highilliteracyrate(more than40%), (40% is14yearsoryounger). its 15.5millionpopulationisundertheageof25 country’s –more than60%of largeyouthcohort children per woman continues tobolster the Senegal’s rateofalmost4.5 hightotalfertility 2015 data). 2017 HumanDevelopment Index(basedon still ranked 162of188countriesintheglobal then duetogoodeconomicgrowth, Senegalis poverty appearstohave fallenby 4%-7%since calculated thepoverty rateat47%. Whilst population. (themostrecent)A 2011survey in developing thehumancapitalofitsgrowing Plan. public investment under theSenegalEmergence to continue in2019and2020duetocontinued momentum recorded since 2015isexpected slightly from 7.2% in 2017. estimated real GDPgrowth of7.0%, down a constitutionalreferendum cutpresidential Macky Sall, was elected in March 2012. In 2016, from Francein1960. president, Itsserving each of them peaceful since its independence has hadjustthree majorpoliticaltransitions, southern region ofCasamance. The country since 2014inalocalseparatistconflictthe violence through themaintenanceofaceasefre and civilianrulehasmanagedtoreduce Senegal hasatraditionofstablegovernments solution insight. over 50000children, withoutagovernment school (known astalibés)tobegging affects young adults studying at a traditional Quranic abuse andinhumanesubjectionofchildren and violence. The recurrent exploitation, sexual are subjectedtosexualabuseandphysical into marriages, with thousandsofthembeingforced toenter 388 has,The country however, notsucceeded 389

391 392 tobeginurbancentres and

390 387 Because of the Becauseofthe This growth As set out in Annex C to this report, Senegal 9.4.2 sexual slavery. crimes, crimesagainsthumanity, torture, and was sentencedtolife imprisonmentfor war in ChadduringHabre’s rule. InMay 2016, he responsible for internationalcrimescommitted Habre aswellits legalsystemtotry asothers in collaborationwiththe African Union, within Hissene Habre by establishingahybrid court, enabled theprosecution ofChadiandictator mandates from seven tofve years. Senegal been cut, with strong disparitiesfound across 25% ofgirlsandwomen aged15to49have mutilation remains widespread. An estimated respectively). affecting more girlsthanboys (78%versus 66% aged 5to17yearsare involved inchildlabour, Approximately 67% of Senegalesechildren concerns affecting children inSenegal. child marriage are three ofthemainprotection Child labour, female genital mutilation and 9.4.3 Community of West African States. relating of theEconomic totheCourt ECOWAS Treaty of1993andtheProtocol In addition, SenegalhasratifedtheRevised Convention). Internally Displaced Persons in Africa (Kampala Convention for the Protection and Assistance of Senegal hasonly signed the African Union which ithasonly signed. Unlike Côted’Ivoire, the ChildonaCommunications Procedure, Protocol totheConvention ontheRightsof conventions withtheexceptionofOptional international andregional treaties and has acceded toor ratifed mostofthe key Ratification of Key childprotection issues Instruments International andRegional in Senegal 394 393 The practiceoffemale genital

9 NATIONAL DESK REVIEW AND FINDINGS 109 -

400 emphasised 399 SAVE THE CHILDREN SAVE Stratégie Nationale de Protection de l’Enfant Nationale de Protection Stratégie from appropriate services and are neither services neither appropriate and are from separated from nor needlessly exploited, abused, with appropriate provided their families and are a mechanism for The strategy provides services. government across coordination enable to a bearing on protection departments that have government gives to the protection of children. of children. to the protection gives government The Ministry was made up of the Directorate Rights and the of Children’s the Promotion for the for The Directorate Directorate. Protection aimed at Rights was of Children’s Promotion legal frameworks ensuring that the country’s and international aligned to regional are a and at playing on child protection conventions Directorate while the Protection monitoring role to the on giving effect was meant to be focused implementation of the National Child Protection the national following Unfortunately, Strategy. this elections in February 2019, presidential child protection Instead, Ministry was disbanded. issues are (at the exclusion of child promotion) Women, subsumed under the Ministrynow of and Child Protection. Youth the Family, Strategy The National Child Protection ( SNPE) dates back to 2013 and it is aimed at in environment and secure a protective creating ft bene including talibé children, which children, legal framework related to child protection protection child to related legal framework Code, the Criminal Code, Family such as the on Law the Code, Procedure the Criminal Law the Code, Labour the fcking, Traf Human Genital of Female the Practice Forbidding Prohibiting and the Law Mutilation and Excision to policy a adopted also has It Begging. Child end child marriage. interviewed offcials Government of protection the to committed is Senegal that on placed was emphasis regard, this In children. that namely separate ministry, of a the creation anas Protection, Child and Governance Good of importancethe of indication Senegalesethe that In 396 Similarly, child marriagechild Similarly, 395 Lastly, whilst approximately whilst approximately Lastly, 397 National instruments to child protection relevant System of Child Protection Without birth registration, the age of birthWithout registration, 398 Despite these shortcomings, Senegal has Senegal has Despite these shortcomings, the that strengthen laws enacted several Ombudsman for Children; however, it has yet however, Children; Ombudsman for though the Supreme Even to be implemented. the creation the bill for Court has approved be yet to it has Ombudsman, Children’s of a the Council of Ministers and by considered processing. legislative submitted for encompasses all legislation related to children’s to children’s encompasses all legislation related adoption rights was fnalized and submitted for the Code 2019, April as of However, in 2017. also has Senegal adopted. had not been of an the creation for on a project embarked 9.4.4 9.4.4.1 Act a Children’s Senegal does not yet have which Code, A draft Code. or Children’s areas. uncertain remains putting them at risk ofchildren conscription into the justice system, detention by sexual exploitation marriage, the armed forces, and child labour. in Koranic schools (talibés) report experiences of schools (talibés) report in Koranic violence. physical been the births under 5 have of 73% of children exist to ensure serious challenges registered, particularly in rural coverage, health universal including psychological, verbal, sexual and sexual and verbal, including psychological, violence (particularly within families and physical reportedly 80% of parents In particular, schools). in whereas ‘educate children’, use violence to public than half of students from more schools, 64% and 100% of children schools and between remains common especially among girls. Data among girls. common especially remains women of one third that 2015 shows from age 18 before married 24 were aged 20 to 15. age before married 12% were whereas continue children these violations, to addition violence, of forms various to subjected be to the country’s regions. the country’s 110 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN management) were created to manage priority monitoring and evaluation and information and promotion, prevention, alternative care, Committee, four thematic commissions (policy and political decisions. Under the Executive committee implements all CINPE strategic on ChildProtection. A nationalexecutive the implementation of the National Strategy inSenegaltocoordinate of the45departments committees onchildprotection (CDPEs)ineach CINPE) andaimstoestablishdepartmental national de protection de l’enfant intersectoriel Committee for ChildProtection ( has establishedaNationalInter-Sectoral To address this shortcoming, the government interventions, andinadequatecoordination. suffcient resources, overlapping andduplicative of implementationmainly duetothelackof hasbeenaccompaniedbystrategy alow level law enforcement, amongst others. However, the registration, health, justice, socialassistance, andfollow-up inareasservices related tobirth and toenablechildren tobereferred for specifc have the power and capacity to convene various security (police, Gendarmerie, and military) (such as health, education, social services, ministries having abearing onchildprotection constituted by representatives from allmajor child protection at the local level. They are protection (CDPEs)are theexpression of committees on childThe departmental Child Protection. action plansintotheNationalPlanof Action for the CINPEwillwork onintegrating thethematic commissions andtheExecutive Secretariat of Strategy. Itisexpectedthatthethematic framework oftheNationalChildProtection programmes andspecializedtoolswithinthe specifc themesinview ofthedevelopment of to adviseandguidethework undertaken on ministries. The role ofthese commissionsis actions requiring ofseveral theinterventions 402

Comité 401 - that hasattractedtheattentionofanumber representation ofchildren. This isanaspect do notallow ordirect for childparticipation are fully operational. For one, the committees committees ensuring thatthedepartmental There are, however, anumber ofchallengesin inacoordinated way.to services orreferralsas provide services thenecessary able todocumentcasesofprotection aswell with amultiplicity ofactors, thestatewillbe structures. The aimisthat, by working together made upofanumber ofNGOsandcommunity in need of protection. for childrenentities to enable access to services mechanisms. in theimplementationoflocalcoordination actively tothegovernment lendingtheirsupport andgovernmentstrategy prioritiesaswell as ofNGOsrespecting thenationalimportance government representatives reiterated the in relation tochildprotection. Inthisregard, align theiractivitiestothoseofthegovernment NGOs and their perceived unwillingness to the prioritiessetby various childprotection raised wasthelackofalignmentbetween the establishedstructures. Another concern tochildren,services donotwork through a number ofNGOs, whichprovide valuable representatives, entities. Indiscussionswithgovernment especially between nationalanddecentralized a lackofcoordination between suchinstitutions, remain unclearandoverlapping. There isalso institutions responsible for implementation advocacy activities. Moreover, mandatesacross Humains pour la Promotion et la Protection des Droits Faveur del’Enfance Coalition Nationaledes Associations etONGen of civilsocietyorganisations, asnotedby the (PPDH), 406 (CONAFE) 405 concernswere raisedthat and forms part oftheir andforms part 403 The committeesare also 404 and Plateforme 9 NATIONAL DESK REVIEW AND FINDINGS 111

411 SAVE THE CHILDREN SAVE Besides exhibiting Besides exhibiting 410 whose parents are unable are whose parents talibés Children’s Tribunals Tribunals Children’s Children’s Tribunals. The President of a High of a High The President Tribunals. Children’s Judge Court designates a judge as a Children’s minors. concerning cases of charge take to in charge of children’s A Deputy Prosecutor Judge in the matters supports the Children’s provides latter The investigation. of process The latter category includes: victims of crime or The latter category includes: vulnerable (i.e. who are as children as well abuse, handicapped, who lack access to education them), protect to unable to provide are whose parents or health, or children their education or well-being, for being asked (i.e. whose morality is compromised members who family by as prostitutes to work etc.). in prostitution, involved themselves are victims or witnesses of a crime who are Children in ‘children of rubric the under considered are of form specialised a enjoy not do and danger’ protection. 9.4.5.1 who and 18, the ages of 13 between Children liable under the Code of Criminal criminally are are in danger, who are and children Procedure, that have Tribunals Children’s before brought These such matters. special jurisdiction over 14 been established in Senegal’s courts have High Courts house the generally regions. or younger whose health, safety, morals or morals or safety, whose health, or younger The Code of Criminal is compromised. education applicable the provisions governs Procedure of children. to this group of child a number level, contradictions at family for as the age of marriage such laws protection with international laws. in conflict girls are system, justice juvenile Senegalese the Under main into two can be divided judicial protection to that which is accorded namely: categories, (defned as in conflict with the law children and that 18 years of age) below who are children in danger/at risk (defned to children accorded 21 years of age). below who are as children ned as someone 21 years 21 someone as ned f

mechanisms Access to justice Access to 409 408 Whereas the Family Code defnes a minor as the Family Whereas someone who is younger than 18 years of age, de is danger in child a that a child below 13 years of age cannot be that a child below Since the maturity of the child is prosecuted. it was noted that into consideration, not taken such in critical becomes judge the of role the instances. criminally responsible because he or she lacks responsible criminally right and between the capacity to differentiate Code of Senegal does not The Penal wrong. says It simply seem to defne criminal capacity. that a child under the age of 13 years cannot this does not mean However, be detained. is “a person of either sex who has not yet yet “a person of either sex who has not is there Importantly, attained 18 years of age.” criminal seems to be no defined age for in Senegalese law. children for responsibility it is stipulated that below countries, In many be to held be child cannot a certaina age, their parents, guardians or other specialised other specialised or guardians their parents, in Children’s especially bodies to access justice, Tribunals. a minor Code (ArticleUnder the Family 276), beyond being a victim or a witness of a criminalbeyond being a victim (i.e. be a minor in conflict with the law may act, a child the child as perpetrator of a crime) or in danger or at risk of falling into delinquency or living her behaviour of his or as a result the assistance of require Children conditions. nition of a child’s age of majority across age of majority across the defnition of a child’s Senegalese Thus, various pieces of legislation. and statuses to the child assigns several law majority) (or or her minority his defines vary that may to age thresholds according child, the Therefore, depending on the context. The key pieces of legislation that govern access that govern pieces of legislation The key the Code in Senegal are children to justice for Code and the the Penal of Criminal Procedure, in coherence of lack a is There Code. Family 9.4.5 112 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN makes arulingafterhearingtheminor, the In Children’s Tribunal proceedings, thejudge is more suitablefor thechild. a rangeofpossibleoptionsdependingonwhat can determine his or her placement fromcourt tosafeguard achild,When itisnecessary the canthenhanddown acriminalsentence.court because of the behaviour of the minor child, the ordered by theChildren’s Tribunal donotapply protection, assistance, measures andsupervision often adapted(i.e. reduced sentences). Where provided for inthePenal Code, butwhichare and ifcircumstances require, setpenaltiesas deemed appropriate. Children’s tribunals can, assistance, monitoringandeducation, if broad: itcandeterminemeasures ofprotection, The powers ofaChildren’s Tribunal are quite instructions oninvestigations. is inchargeofthejudicialpoliceandgives them outsuchinvestigations.carry The prosecutor in such cases and, usually, the judicial police instructions oninvestigations tobecarried out the Judgetoensure that thechildisprovided in thecommissionofcrime, for itismandatory In criminalcaseswhere children are implicated is limited. number ofpersonsadmittedtothe proceedings child issubjecttostrictconfdentialityandthe implicated. they are heard separately from otherswhoare cases where children are implicated inacrime, or where theparents are theproblem). child doesnotfeel free toprovide his/herview her parents (incaseswhere judge suspects that child alone, away from thepresence ofhisor When necessary, a judge will ask to hear the be exempted from appearingatthehearing. child’s bestinterests sorequire, thechildmay working withchildren andthedefendant. Ifthe public prosecutor, representatives from entities witnesses, theparents (orguardians), the 414 Any case that involves a minor 412

413 In In the measures thatheorsheintendstoadopt the judgegenerally takes thetimetoexplain When handing down judgment or an order, actively protect thechild. judge will act in the best interest of the child to Depending onthecase, it isexpectedthatthe provided tochildren whocannotafford them. lawyers or counsellors are not automatically their professional requirements. number ofpro-bono of a certain hoursaspart requirement out for lawyers inSenegaltocarry the state. Unfortunately, however, there isno cannot afford one. Suchlawyers are paidby with alawyer ifthechildorhis/herfamily is the victim of a violation by a peacekeeper) presence ofthevictim (i.e. aforeign child who for the victim to be present;is not necessary the project, itwasindicatedthatincriminalcases, it as possible. the truth); otherwise, casesare fnalisedassoon to have present (i.e. theother party toestablish There mightbeapostponementifitisnecessary are present (even isnotpresent). ifthecivilparty frst hearing, aslongtheparents/guardians judge triestodisposeof(fnalise)thecaseat In criminalcaseswhere minorsare involved, the hearings mightbeprolonged. needs suchasfood orwaterincaseswhere also not in apositiontocaterfor children’s basic children’s hearings. hearing rooms – a room is simply designated for noted thatthere are currently nochild-friendly the child canbepublished. judgment ortheidentityandpersonalityof minor andnodetailsaboutthesehearings, the is rendered a judgesimply imposesthem. the child commits tothemrather than when better adherence tothemeasures imposedif measures. Itwasnotedthatthere isgenerally tobeheard andtoproposeopportunity in respect ofthe child. The childisgiven an 421 in camera Importantly for Importantly purposesofthis 419 Children’s Tribunals are , in the presence of the 418 However, itwas 420 417 415

The judgment The Incivilcases, 416

9 NATIONAL DESK REVIEW AND FINDINGS 113 L’Action L’Action

427 SAVE THE CHILDREN SAVE Moreover, the Moreover, 428 ), which is set up in which is set up in ), Recent developments in Recent developments justice to the juvenile relation system and protection measures for children in conflictin children for measures protection and to mechanisms on clear as well as law, the with canthey that so family the and supportchildren such measures. beneft from that Children’s concern Committee noted with whilst judges, juvenile lack specialized Tribunals ces are also responsible for the coordination the coordination for also responsible offces are of social assessments, the provision of hearings, development, as the well as mediation, family implementation and monitoring of specific each child throughout for educational projects as legal assistance. as well the judicial process it AEMO is commendable, of Whilst the work was noted that it lacks the necessary capacity to deal with demand. 9.4.5.2 the of Rights the on Committee the 2016, In the government efforts by Child welcomed Code and the the Penal of Senegal to revise which will provide Code, Criminal Procedure aged 13-18 who the opportunity children for assistance receive to in conflict with the law are fned de and to beneft from and protection However, to detention. measures alternative the Committee nonetheless highlighted that the Code lacks specifcity on the social Penal current to accommodate all the children who need to who need to all the children to accommodate ‘rescue’ 3 only are there illustrate, To be there. of Senegal. in the 14 regions centres can also be designated to undergo Children A key in an open environment. rehabilitation external education and that provides structure ( AEMO support services as known is Éducative en Milieu Ouvert at regions, administrative each of Senegal’s AEMO Courteach High and other local courts. with in conflict services children for provides in danger/at risk including and children the law open re-education, observation, reception, regional AEMO’s prevention. and mediation,

However, it was However, 424 423 The problem, however, is however, The problem, 426 In other words, in cases where the cases where in In other words, For instance, initially, in a criminal in a initially, instance, For 422 425 safeguarding, multipurpose centres and social centres multipurpose safeguarding, adaptation centres. that the staffng of these institutions is not able and socio-professional reintegration of children of children reintegration and socio-professional four The DESPS has built in conflict with the law. targeted purposes in that have types of centres frst of children: the education and protection child for centres centres, ‘rescue’ or reception of Supervised Education and Social Protection providing of charge in entity the is (DESPS) in danger or in conflict who are children for for is responsible This Directorate with the law. child assistance, services such as prevention, training vocational mediation, family protection, the power to review the sentence thus leading the sentence to review the power vice- (or elsewhere placed child being the to versa). of Supervised Education andThe Directorate – Ministry of Justice Social Protection the Directorate Within the Ministry of Justice, conflict with the law or children in danger, in danger, or children conflict with the law its own review may Tribunal the Children’s decisions. that a child be placed might order Tribunal a case, in based on improvements However, in prison. has Tribunal the Children’s conduct/behaviour, exist to enable this process. exist to enable this process. to cover be unlikely noted that the state would costs of the victim. the travel in whether in cases of children Importantly, (i.e. damages or maintenance in the case of a or maintenance in the case of a damages (i.e. this that indicated AJS a rape). of out born child through need to be coordinated would process in the mission countrythe Embassy of Senegal Affairs in Senegal, and the Ministry of Foreign might that agreements any by informed and (damages). it might violation is not Senegalese, victim of a not be necessary to be present the victim for However, to be convicted. the perpetrator for it will be necessary the complainant to be for claim against the perpetrator in a civil present would only be necessary only of civil claims in cases would 114 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN • • and witnesses: incorporating someprotections for childvictims Procedure, includesthefollowing key provisions, incorporated intothe new CodeofCriminal The Juvenile JusticeBill, whichismeanttobe enable themtotrainothers. undergo specialisededucationcoursesthatwill officers, andgendarmesare expectedto lawyers, prisonoffcers, socialworkers, police composed ofmagistrates, specializededucators, a Juvenile Justice Training Programme. Trainers oftheSwissGovernment,the support launched the Judicial Training Centre inDakarhas, with persons involved injuvenile justice, since2016 To remedy oftrainingamongst theshortcoming detained inadultprisons. (not asalastresort)buthaveliberty alsobeen children have notonly beendeprived oftheir • • • • • • protection ofminorswillbecreated within Specialized unitsresponsible for the offrstinstance; courts willinfutureJuvenile of form courts part Juvenile victimswill be comprehensively detention willnotberuledout; and involve alternatives to detention, although in addition tootherpenalties thatmostly of three tosixmonthswillbeestablished sentence linked period toaprobationary A new procedure involving asuspended offences andsixmonthsfor seriousoffences; subject to a limit of three months for minor The pre-trial detentionofaminorwillbe period of72hours; pending arequest for custody valid for a to beentrustedareception centre provided by makingitpossiblefor aminor An alternative topolicecustodywillbe from thefrsthourofcustody; The righttolegalcounselwillbeguaranteed limited to24hours, renewable once; The durationofpolicecustodywillbe the localandnationalpoliceservices; 431

429

430

will isoftenabsentthusactingasadissuasive security forces. Itwould seemthatsuchpolitical if they involveparticularly members of the political willtoprosecute perpetrators, concerns about the absence of the necessary Senegal, anumber ofactorsinterviewed raised taken toimprove thejuvenile justicesystemin Whilst there are somestepsthathave been 9.4.5.3 drawback oftheexistingjuvenile justicesystemis From conducted, theinterviews onesignifcant organisations whichaimtoassist children. detention. This dutythenfallsoncivilsociety often deniedlegalassistanceatthetimeof andrefuse toassist;their services children are in many instances attorneys are not paid for the statehasadutyto provide suchassistance, each of the 14 regions in Senegal. Even though assistance, there isonly onerepresentative per whilst the state relies on AEMO to render such In relation to social and legal assistance, circumstances, amongstotherfactors. a gangrapeornot), aswell asmitigating the ageofvictim, thetypeofrape(whether instead highlightedthatsentencesdependon interviewed didnotendorsesuchviews but child. sentences) imposedwhere thevictimisa often noadditional penalties(i.e. increased as opposed to the allowed 10 years; there are noted that perpetrators are given two years sentences for perpetratorsofrape. Itwas oftendonotapply maximumthat thecourts illustrate, someNGOrepresentatives indicated of abusesorviolence, toreport suchcases. To factor for children, whether victimsorwitnesses ordinary law.ordinary limitationunder extension tothestatutory defned in law and will beneft from an 432 Representatives from thejusticesystem system access tothejuvenile justice Challenges inrelation to 433

434

9 NATIONAL DESK REVIEW AND FINDINGS 115

442 SAVE THE CHILDREN SAVE

441 Accountability Mechanisms enforcement enforcement and Existing Police Security forces and law and law Security forces with the Engagement Whereas Save the Children has not focused has not focused the Children Save Whereas interventions the training on its of many an interview was Senegalese police force, the from conducted with a representative number of interviewees highlighted the need to need the highlighted interviewees of number is rights that on children’s training the enhance the various actors in the juvenile by received justice system. 9.4.6 for responsible are gendarmes and Police The within Senegal. and order maintaining law in exceptional the responsibility shares army The of emergency. such as during a state cases, fall under the Interior MinistryNational Police The Gendarmerie and operate in major cities. is part of the Ministry and primarily of Defence The armed operates outside of major cities. 20,000 troops; of approximately consist forces Senegal contributed a as of 31 January 2018, total of 3,219 personnel to UN Peacekeeping missions (3103 male and 116 female). 9.4.7 police, who carry out investigations, do not do not carry who out investigations, police, to interview on how special training receive judges and Like with children. and interact with investigating tasked they are prosecutors, or not) children involve all cases (whether they in dealing with children. and do not specialise Training the Judicial to training, With regard that is six an initial module provides Centre which includes aspects of juvenile months long, this initial training, beyond However, justice. acquired is only specialised training more (such as training special projects through discussed Swiss government with the initiatives pursuing or by seminars, through earlier), a regard, this In overseas. training additional - a 435 Brigade The judicial 440 In court, a child a child court, In 437 This is similarly the This is similarly 439 The fact that the victim 436 The only way for children to to children for way The only 438 (Children’s Section). (Children’s specialise on juvenile justice matters. Similarly, Similarly, justice matters. specialise on juvenile Unit no specialised Children’s is currently there is no within the Gendarmerie – there de Mineurs that presides over the court and therefore such the court and therefore over that presides as children a judge deals with matters affecting as all other matters. well shortagethe of result a As prosecutors. for case unable to are judges and prosecutors staff, of access such services is by order from a judge. a judge. access such services from order is by importantAnother shortcoming existing the of the duties and to linked justice system is juvenile children’s on work who actors judicial of training one judgeis only there regions, In many matters. no legal mandate for AEMO to intervene to AEMO to intervene to no legal mandate for thus support and their families, these children and their children leading to situations where issues procedural of unaware are families about existing assistance and lack knowledge mechanisms. law falls shortthe set out in law of the standards though child victims even Moreover, UNCRC. need of and witnesses might be in great there psychosocial support and legal assistance, that entitle them to provisions no express are is there instance, For services. these access the parents (where available) and by the judge the and by available) (where parents the of (who acts on the basis of the best interest beyond the court setting, However, the child). against children for protections no are there Senegalese In this regard, possible reprisals. is a child does not confer specifc rights on that is a child does not confer a victim is treated a child who is instead, child; and subject to the common law as an adult, from derived special protection does not have a child. as status her or his victim is assisted both by who is a witness or who are victims or witnesses of crimes of witnesses or victims are who to children can act as a deterrent factor that is currently There coming forward. from in the Code of Criminal nothing contained child Code to protect or the Penal Procedure victims or witnesses. that there is currently no protection for children children for protection no is currently there that 116 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN fve (5) cases were found tobesubstantiated. on thegrounds ofinsuf fcient evidence, whilst of thesecaseswere concludedanddismissed investigation. As of September 2018, nine (9) an interimmeasure whilstthecaseswere under payments oftheaccusedwere suspendedas (MONUSCO) between 2016 and 2017. UN in theDemocraticRepublicofCongo the UNOrganizationStabilizationMission with members oftheSenegaleseFPUserving of transactional sex was made against 14 personnel). and 2military 23 Senegalesepeacekeepers (21policeoffcers showed thatthere were allegationsagainst UN tracking database for SEA allegations To illustrate, asofSeptember2018, the deployed Senegalesepoliceoffcers. and there is evidence ofsexual violations by operations in the Continent as well as Haiti Police Officers(IPOs)for peacesupport both Formed Police Units(FPUs)andIndividual mechanisms consideringthatSenegaldeploys police Police Peacekeeping Operations Support) relies ontheUnited States’IPPOS(International It wasindicatedthattheSenegalese police 9.4.7.1 of Gendarmes. eight SenegaleseFPUsdeployed are made up not policeoffcers. Currently, sixoutofthe predominantly made up of Gendarmes and It wasnoted, however, that FPUs are Save theChildren. might present afuture area for ofintervention duties, thetrainingofpolicepeace-keepers contact withchildren through theirpatrolling contingents and are entrusted with cominginto that police are akey component of national offcers were repatriated andjailed. According to the UN database, these five 443 tounderstandexistingaccountability members Vetting andselectionofFPU 447

444 An allegation 446 The fact 445

no conviction inthefour yearspriortoselection; requirements isthatapoliceoffcermust have able toapply for deployment. Oneofthe qualify. Police from are across thecountry must undergoaseriesofpracticalteststo For selection, potentialtroops tobedeployed vetting purposes. deployment training, alistissenttoIPPOSfor Senegal. from countries, ninepartner oneofwhichis equip, more than4,500police andsupport government programme thataimstotrain, the vetting process. IPPOS is a United States’ program to assist Senegalese police with indicated thateven thoughthere are capacityfor thepolice. integrated into the basic training curriculum the pre-deployment phase; it is not currently child protection currently takes placeduring that awareness trainingonchildren’s rightsand The police representative interviewed indicated 9.4.7.2 premises). and protection ofUNpersonneland (i.e. crowd control, protection toSpecialUnits allocated topolicecontingentsduringmissions unable to perform the physically taxing tasks in incidentsofsexualabuse/rape, theymightbe police offcersmightbelesslikely tobeinvolved noted thatwhileitistruemore mature experienced duringmissions. However, itwas the psychologicalandphysiological challenges suited for deployment andare able todealwith experienced policeoffcersmightbebetter deployed was raised since more mature and The issueoftheagepolicefcerstobe has acriminalrecord. to deployment anddocumentsthatnomember practice thatateamfrom theUNcomesprior deployment ofUN missions, aspart itisthe otherwise, heorsheisexcluded. 448 Two ofpre- monthspriortothestart Training onchildprotection 450 Civilsocietyorganisations 449 Incasesof 9 NATIONAL DESK REVIEW AND FINDINGS 117

454 SAVE THE CHILDREN SAVE Dealing with misconduct during missions deployment. Thereafter, he or she would be be would she or he Thereafter, deployment. or serve his and in sentence the repatriated her home country. relatively of mention made Commander The misconduct which UN rules regarding recent Women’s Desks at police stations, also also Desks at police stations, Women’s visits to villages through local women approach of abuse/ discuss issues to available and are in (especially blackmail and maltreatment does not the justice system societies where of women). in favour work 9.4.7.4 a police of misconduct by is an allegation If there OIOS and the Senegalese investigator offcer, It was noted the matter. cooperate to investigate limited receive that Senegalese investigators information to talk to/elicit training on how it of SEA, is an allegation If there children. from never would offcers police such that noted was was indicatedIt again. mission on a deployed be into what name is entered that such person’s ‘black list’. was described as the UN’s violation, SEA of a is accused offcer a police If his or her immunity he or she might have tried in the country and thereafter of waived cer who receives offcer who receives police that every reiterated is duty of abuse/misconduct a complaint/report it to OIOS. bound to report police contingents by engagement Community By policing. community of the form takes usually the aim to make the police means of the latter, they security; of their own aware community and support assist communities cooperation Like the police and the community. between engage in Quick Impact they also CIMIC, trust the gain thus and assist to (QIPs) Projects of the host community. often placed at the who are IPOs, Female

453 cient f

452

Child protection during Child protection missions 451 Unit. A report can be made at the UN base A report can be made at the UN base Unit. The matter is usually or at a police station. It was also investigation. to OIOS for referred When asked about existing mechanisms for about existing mechanisms for When asked members during missions to report community it was noted that local police possible violations, Women’s stations in the mission country have Desks and the UN also has a Child Protection According to the Commander interviewed, interviewed, to the Commander According points focal no child protection are there an is There (FPUs). the police contingent within part that forms of the contingent, investigator to SEA violations. particularly in relation that will be deployed, as a means of enabling that will be deployed, the next contingent to understand the mission context and what to expect once deployed. 9.4.7.3 receive training by the UN in relation to SEA to relation in UN the by training receive management. and stress Commanders Police mission, from Upon return of debriefng in which they undergo a process contingent next the with experiences their share training is undertaken to lay down the expected down to lay training is undertaken personnel; among deployed conduct/behaviour mission about talks on-going are there to report and how behave to how principles, It was noted that police offcers also incidents. protection training is provided in relation to the relation in training is provided protection protection against children, violations six grave of vulnerable protection of civilians and the disabled persons). children, (women, groups 2-3 approximately takes This training usually missions, During general. quite and it is hours and gendarmerie, these initiatives are insuf are initiatives these gendarmerie, and that laws considering reinforcement and require within the police is turnover there change and services. child veryIt was noted that theoretical building initiatives with members of the police the of members with initiatives building 118 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN Save the Children has been successful in working 9.4.8.1 prior tomissiondeployment. the Senegalesearmedforces inchildprotection the Accra Declaration and build the capacity of of the Armed Forces inorder togive effect to been working withtheoffceChief of Staff For anumber ofyears, Save theChildren has 9.4.8 in monitoringtheconductoftheirsubordinates. in contingent commanders being more vigilant According totheCommander, thishasresulted the misconductoftheircontingentmembers. contingent commandersbecomeresponsible for could berepatriated. (in relation toSEA), thenthewholecontingent who isfound toberesponsible for aviolation state thatifthere isamemberofcontingent end oftheyear. will begintousethemfor trainingtowards the the manuals anditisexpectedthattheschools Training Toolkit. Save theChildren hasprinted training manual basedonexistingECOWAS the armedforces hasdeveloped itsown bespoke At present, eachofthesixtrainingschools ofsuchtraining. in thedelivery within the Armed Forces andproviding support developed modules, by way of training trainers outthetraining,carry onthebasisof into anagreement withthe Armed Forces to at alllevels oftraining. Moreover, ithasentered developing trainingmodulestobeincorporated the ChiefofStaff Armed Forces andin and Protection Unit(SDPE)withintheoffce with thearmedforces toestablishaChildRights Engagement with Training of Armed Forces mechanisms accountability the militaryand 457

455 Inotherwords, national 456

convey messagesthrough images/graphicsare therefore accessiblematerialsthatare ableto and flesoldiersoftenhave limitedliteracyand information across variousliteracylevels. Rank ensure thatthearmedforces are abletoconvey various types of training materials used to Pocket guides are alsoanexampleofthe reference guidewhilstdeployed. members ofthe Armed Forces toactasaquick has alsodeveloped apocket guidegiven toall to be respected when dealing with children and a codeofconductthatcontainsbasicprinciples has worked withthe Armed Forces todevelop In addition tothetraining, Save theChildren members. These are discussedbelow. also helptoensure accountability ofdeployed such as vetting and mechanismsduringmissions offcers military violations of children’s rights, with interviews children’s rights, standards ofconduct, and Senegalese peace-keepers in the area of by Save theChildren tosensitisepotential Over andabove theinitiatives undertaken debriefngs. Training for the Army in such do not participate Protection Focal Point and the Head of Staff. debriefing sessions with the Army Chief of Directorate ofthe Armed Forces, alsohold etc.), togetherwiththePrevention andSecurity contingent commander, company commanders, Moreover, headsofthevarioussections(i.e. members undergoaperiodofdebriefing. that upon return from mission, contingent received. Duringtheinterviews, itwasnoted ways tomeasure theimpact ofthetraining to becarried outwithtroops, there are limited As much aschildprotection trainingcontinues contingent thatwasdeployed toMali. pocket guideswere distributedtothemilitary quite important. Recently, approximately 800 459 However, itwasnotedthattheChild 460

461 highlightedthatmeasures 458

9 NATIONAL DESK REVIEW AND FINDINGS 119

463 Upon return Upon return SAVE THE CHILDREN SAVE 464

465 In addition to reporting In addition 466 come for information. come for it was noted that matters to CIMIC offcers, members can report matters to the community other civilian the Chief of Mission and CPAs, officers who engage with the community military including civilian police (CIVPOL), children; relations with community members – with community relations children; and cultural and not allowed; what is allowed understanding of the operational context. During missions CIMIC staff participate in daily mandatory plan the contingent’s meetings to which includes a briefng patrols), activities (i.e. sensitisation context and on rules of conduct customs). cultural (including contingentmembers of the the operations, from participate in a debriefng session to share experiences/developments. for about existing mechanisms When asked to raise concerns and communities children that Childnoted was it possible violations, about civilians, are who (CPAs), Advisors Protection The military partform of the CIMIC Cell. contingent supports of CIMIC. the activities of activities to CIMIC engages in a number build rapport during missions, with communities CIMIC (QIPs). including Quick Impact Projects next to the contingent’s usually also has a desk, women/children where hospital during missions, consequences that a failure to report violations that a failure consequences to seem not does there However, carry. could child on specifcally training additional be any missions. during out carried is which protection, a national military contingent When deployed, the Civil-Military with closely works The CIMIC (CIMIC) Cell in the feld. Coordination the contingent between Cell acts as the link information provides and community the and population, operations (i.e. of about the terrain social and political factors to consider, context, members CIMIC who needs to be protected). training with focus undergo pre-deployment women, on sensitisation about communities,

462 missions Child protection during Child protection Vetting process Vetting keepers to be deployed keepers Requirements for peace- for Requirements to report any violations or wrong-doing by by violations or wrong-doing to report any As part of the member of the contingent. any of the grave reminded are members training, According to the information gathered, to the information According military the mission, the at arrival upon which training induction receives contingent and includes training on the duty to protect conduct of such personnel that might not not conduct of such personnel that might legal charges but which amount to formal nonetheless could point to the potential of a particular person to do harm to children. 9.4.8.4 One of the challenges regarding the process of the process One of the challenges regarding is that the list of potential however, fcation, veri In is not made public. personnel to be deployed within entities it is not possible for of this, view about the information civil society to provide to be deployed. The army has a database with The army to be deployed. conduct, a member’s regarding information missions previous in performance on reports concerning as information as well (if applicable), legal cases pending against such persons civil or criminal courts). (military tribunals, 9.4.8.3 the the UN, by In line with requirements a process undertake Senegalese armed forces personnel diligence of due cation and f veri of additional requirements such as minimum age of age minimum as such requirements additional serviceof years forces, armed the in members, prior experience and of education/training, level for pre-requisites on a mission as possible deployment. Generally, it was noted that members to be to be that members it was noted Generally, health good in be to need mission a for selected must and examination), a medical (undergo it was Unfortunately, be of good character. regarding information not possible to obtain 9.4.8.2 120 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN child protection offcerswhereas eachcompany commanders are expectedtoappointfull-time 2017 ChildPolicy inPSOguidelines, battalion national contingent. According totheUN’s Protection Focal Points ofthe that form part dedicated ChildProtection Offcers orChild of theCIMICteams, there are currently no Whereas there are CPAs whoform part tobedeployedstarting tomissions. women)social assistants(particularly whoare child protection trainingofCIMICstaffand indicated thatthere isaneedtoenhancethe to communicate with women. CIMIC offcers women to work with the CIMIC component places like Darfur, Senegal has relied on local contingent. Without female CIMICoffcers, in oftheCIMIC female socialassistantsaspart However, toincorporate thearmy isstarting currently there are no CIMIC female of CIMIC representatives indicatedthat in patrols. (MILOBS),observers andIPOswhoparticipate of the military contingent.of themilitary Members of the missions, their camp is separate from that contingents.of deployed military During Members oftheProvost Unitform part equipment. infractions, aswell as proper useofmilitary conduct ofthearmedforces, includingaccidents, of theGendarmerie, thatinvestigates the the investigation duringmissions. Inparticular, itis police andnationalinvestigators outthe carry member ofanationalcontingent, themilitary if there isanallegationofmisconductby a During ourinterviews, 9.4.8.5 protection focal point. commander isexpectedtodesignateachild Brigade Prévôtale Brigade during missions Dealing withmisconduct 467 orProvost Unit, adivision 469 itwasnotedthat 468

f cers. of Staffthe Armed Forces where amilitary Unit communicates the f UN. Once the evidence is gathered, theProvost UN to do so, it respects the fndings by the its own investigationto carry andrelies onthe complaint. Incaseswhere Senegalchoosesnot and othertests, dependingonthenature ofthe police. Armed Forces, withOIOSandthelocal the Prevention andSecurityDirectorate ofthe undertakes aninvestigation. Itcooperateswith contingent,of themilitary theProvost Unit is anallegation of misconduct by amember undertake operationsduringmissions. If there Provost whenthey Unitaccompany themilitary children, talking tochildren) investigations withchildren (interviewing receive detailed trainingonhow toconduct It wasnotedthatnationalinvestigators donot However, these modules are general in nature. hearings with children, witnesses and victims. training, they undergo moduleson conducting Unit indicatedthat, oftheirregular aspart withmembersoftheProvostInterviews personnel. the repatriation ofmilitary commonly investigated mattersthatresult in abuse andrapetendtobeamongstthemost is repatriated. It was noted that cases of sexual alleged perpetratorincaseswhere heorshe Provost Unitends, save totake custodyofthe prosecutor,to themilitary thework ofthe member). Once the evidence ishanded over (repatriation ofcontingent or by thecountry be undertaken by theUN(suspensionofsalary) underway, anumber ofinterimmeasures might warrants it. to prosecute thecase where the evidence prosecutor who givesis the military an order Discipline and existingguidelines.Military It Code,based ontheMilitary theCodeof course ofaction to take against the member justicecases,deals withmilitary determinesthe prosecutor, namely acivilianprosecutor who 470 The investigation canincludeDNA 471 Whilst theinvestigation is ndings to the Chief 473 –thiscould 472

9 NATIONAL DESK REVIEW AND FINDINGS 121

475 477 SAVE THE CHILDREN SAVE Guichet des droits It is envisioned that envisioned is It 476 the Office of the President the Office of the President child protection The Ombudsman (Médiateur) High Commissioner for in Human Rights and Peace Oversight mechanisms for mechanisms for Oversight l’homme (Human Rights Board) in charge of l’homme (Human Rights Board) ce of the High Commissioner for HumanThe Offce of the High Commissioner for administrative an is Promotion Peace and Rights the of Presidency the to attached structure The Offce includes a Republic. de are handed over to the prosecutor; they also to the prosecutor; handed over are of the existing UN database of unaware were TCCs. for allegations SEA an interview be conducted in coming weeks will in charge of militarywith a prosecutor matters to understand these sentences. 9.4.9 9.4.9.1 a hear to competent is Ombudsman The that individual who believes any complaint from with a public body has not acted in accordance the individual can refer The their public duties. the Ombudsman of matter to the attention Whilst the of a written complaint. way by of complaints hear to competent is Ombudsman so. do to yet has it violations, rights children’s 9.4.9.2 relationship whilst forming part of UNOCI. part whilst forming UNOCI. of relationship the rape case to the UN database, According military the was member was substantiated; and imprisoned reprimand a written given the case, the other In 45 days. period of a for but no actionallegation was also substantiated retired. involved, since the member was taken these Unit, interviewsDuring Provost the with discussed to establish whether cases were the member who served time in prison was in the armed dismissed or remains subsequently did retired and whether the member who forces Unit the Provost However, so with a full pension. since about outcomes, information did not have on cases once they through they do not follow

474 The role of the military and The role military justice mechanisms military an allegation member who faced of rape of a child and another member who an exploitative of having an allegation faced to 3 years in peacetime and up to 10 years in the court is an offcer, If the offender wartime. also sentence him or her to dismissal. may the UN police allegations, and above Over one was there that showed also database In 2016, the armed forces and the gendarmerie the armed forces In 2016, The code adopted a Code of Military Discipline. offences for penalties stiffer much introduces punishable by which is now ‘desertion’, such as a term of imprisonment varying 6 months from equal rank to the defendant. The tribunal may tribunal may The equal rank to the defendant. with involved try if they were civilians only military personnel who violated military law. the same rights The military tribunal provides as a civilian criminal court. Justice Code. The Regional Court of Dakar Justice Code. includes a military which has jurisdiction tribunal military crimes committed by personnel. over a The tribunal is composed of a civilian judge, military and two assistants prosecutor, civilian be of one of whom must to advise the judge, usually not sent to the African Union. African Union. not sent to the usually 9.4.8.6 the MilitaryMilitary by justice is governed interest and that the Provost Unit does not shy Unit does not shy the Provost and that interest carryingout its investigations. from away of informed UN is kept It was noted that the with a particular and progress developments are reports However, misconduct. case of the Children. A concern was however raised raised A concern was however the Children. militaryof the role the about carrying out possible members as a on its own investigations contributory in complicity to possible factor Unit Provost However, up violations. covering conflict of is no there indicated that members become an area of intervention for Save Save of intervention for area become an receiving complaints and making suggestions 9.4.10 Role of the media to the President of the Republic on subsequent responses. The Commissioner does not have It was noted that the public media does not powers to provide remedies to individuals. generally report on cases of abuse by the Despite receiving all complaints of human security forces. This responsibility often falls on rights violations, the Commissioner is neither private media. However, interviewees noted that allowed to participate in the judicial process they could not recall reported cases regarding 480 nor challenge court decisions.478 the role of the armed forces overseas. It was noted that community radio stations are one viable way of communicating with the 9.4.9.3 The Senegalese Human Rights Committee (CSDH) population. Community radio stations often address a number of local issues of interest to The Senegalese Human Rights Committee is the communities and therefore could represent an national human rights institution. The mandate avenue for further awareness-raising on the of the CSDH includes promotion and protection role of the armed forces and issues surrounding of human rights, as well as reporting on the access to justice for children. Some organisations situation of human rights in the country. The such as PPDH have undertaken some capacity- Committee must take action when it becomes building activities with journalists on the rights aware of human rights violations, either in of children, which could present an opportunity the course of its duties or when informed by for further engagement.481 authorities. The Committee may issue opinions or recommendations on matters relevant to In interviews with representatives from human rights, including laws, regulations or the armed forces, the possibility of sharing administrative practices; however, it lacks a information with civil society and the media formal role in reviewing laws, has no investigative was discussed. However, it was noted that it powers in individual cases or express powers to was highly unlikely that the military would be 479 pursue individual violations. willing to share this information due to the MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA ARMED CONFLICT IN MECHANISMS IN ACCOUNTABILITY MAPPING OF CHILD PROTECTION sensitivity of the issues involved. However, given that military justice cases are open to the public, there would be a possibility for media and civil society organisations to monitor the cases that come before the tribunal in Dakar.

122 SAVE THE CHILDREN Annex A: Draft interview guidelines for key informants

Questions for representatives of the • During the process of planning the mission, do such plans incorporate the establishment AU and APSA architecture of complaints mechanisms accessible to members of the public in the host country Influencing mandates of a mission? • What is the process of data collection about • Who designs the mandate of AU/REC-led the changing nature of the conflict, once a peacekeeping missions? Does the AU/REC mission is deployed (i.e. mission is in feld)? have a multi-disciplinary and integrated Does it include child protection concerns? planning team? Does it have policies and operational guidelines and directives to Introducing a child protection assist it in the planning phase? What is the focus current mission planning process and who are the key actors? • In your opinion, do you see PoC as • Is the AU/REC able to influence the Strategic encompassing child protection or should Assessment phase of a UN mission and the child protection be a stand-alone mandate? development of a Draft Mission Plan? (NB: • Does the AU/REC have a child protection this is the stage that is critical in influencing strategy on the mainstreaming of child the mandate that a mission will adopt). protection in the mandate of peacekeeping • How does the AU/REC Early Warning operations across components (military, System work? What kind of information civilian, police)? If this is so, what are some of on possible child protection issues does it the operational functions and actions that include? are expected of civilian, police and military • How does the AU/REC influence the components of a mission to take in support strategic planning stages of a peacekeeping of child protection? mission (i.e. mission mandate, type of forces • What do you foresee as the key political required, etc.)? Is someone sent from the challenges in the prioritisation of child AU/REC to conduct pre-mission visits? If protection in peace support operations in so, from what division is that person/team, view of resource constraints and expanding what kind of knowledge/training does mandates for deployed forces? that person/team have? How does that • Whilst there is often variation at country person/team take into consideration child level in the way and types of training protection and PoC needs to feed into the conducted, does the AU/REC set out mandate of an operation? minimum standards of training for national • If a call for troops is put to the AU/REC, contingents to receive? What are the what is the role of the AU/REC in deciding minimum standards on child protection which countries will contribute troops? that TCCs must comply with? (especially What is the decision based on? for APSTA)

SAVE THE CHILDREN 123 124 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN • • • • • • • • • • Due Diligenceand Vetting What istheroadmap tooperationalize guidelines, standards andprocedures? operation fnalise thevariouspeacesupport What isthe AU process goingforward to the conceptsimparted? personnel are able to apply substantively standards andmore importantly, whether such traininghasbeenconducted, metthe How doesthe AU/REC checkwhether training andwhatdoesitentail? contingents receive? Who carries outthis child protection do members of military What typesofmission-basedtrainingon terms ofsimulation exercises) the trainingentail?(boththeoretical andin their pre-deployment training? What does training is offered to troops of as part What typeofchildprotection-centred simulation exercises) training? (boththeoretical andintermsof oftheircadet Is itincorporatedaspart on-going training(i.e. notpre-deployment)? training isoffered totroops oftheir aspart What typeofchildprotection-centred that thenationalduediligence andvetting What role doesthe AU/REC play inensuring develop itsown policyonvetting? is no separate need for the AU/REC to mechanism andtherefore, by default, there AU/REC needstoabideby theUNHRDD deployment by theUNSCmeanthat Does therequirement ofapproval ofa country? national contingents in each contributing for TCCs tofollow invetting membersofthe Are there standardised policies/directives the UNDDHRpolicy? and vetting policies?Ifnot, doesitrely on Does the AU/REC have itsown duediligence Architecture? and consolidate the AU Child Protection • • of deployed forces Accountability andresponsibility • • • • • any, intheMoUs? What dotheycover and are thedisciplineandconductprovisions, if it usestoenterintowiththe TCCs? What Does the AU/REC have modelMoUsthat exists tobindthe TCCs tothe AU/REC? What typeofagreement/documentation mission agreements? content ofstatusforces andstatusof consideration inthe development of the What factorsdoesthe AU/REC take into verify whethertheyhave beenundertaken? processes are conductedandhow doesit duty toensure again? thattheydonotserve implicated inhumanrightsabuses whilston military, policeorcivilian)whohave been regional SFdeployed personnel(whether Does the AU/REC keep adatabaseof ASF/ yes, whatare they? implicated inabuseswhileonmission?If unwilling toprosecute troop members contributing troops ifsuchcountriesare Are there policiesthatban TCCs from until fnalisation? REC mechanismtofollow uponthesecases to account for their conduct? Is there an AU/ play inensuringthatsuchperson(s)are held to misconduct, whatrole doesthe AU/REC national contingent are repatriated due In asituationwhere membersofa on thefndings? MRM monitor reports by theSG(basedon Is there an AU/REC mechanism at to unit (like OIOSattheUN)? establishment ofadedicatedinvestigative the TCC? Doesthe AU/REC envisage the of deployed forces bothinthefeldand pro-actively monitor discipline and conduct What mechanismsexistatthe AU/REC to what dotheyexclude? fndings) and SRSG-CAAC and act ANNEX 125 SAVE THE CHILDREN SAVE cer) for a violation against a child child a against a violation for cer) f this is carried out diligently by Forced Forced by out diligently this is carried Commanders or Heads of national military What factors might contingents deployed? with this duty? interfere military of do heads often How contingents aboutauthorities to national report to need police and civilians who have been convicted been convicted police and civilians who have the have who or crimes child-related of as potential to inflict harm on children personnel to be future a means to vet deployed? that is the process me through Please take troops to select commanders and followed group? as part of a deployed to in place What kinds of mechanisms are they join the armed members before vet a on and prior to being deployed forces peace support operation? Does the military a code of conduct have protection deal with child that explicitly issues? Commanders or Heads of Military Force Are in terms of national contingents empowered to act on policies or directives legislation, by perpetrated children against violations members of their units in missions? do you think that If such duty exists, Have the above mechanisms ever been used mechanisms ever the above Have (civilian, TCC a a member of to prosecute of police a SEA violation)? (or even a system of publicly-provided Is there who children foreign legal assistance for or access such legal to afford unable are assistance? the exercise for allow Do national laws of crimes jurisdiction of extra-territorial its nationals in a foreign committed by country? would (in case that prosecutions in missions) be undertaken a Does the DepartmentJustice keep of of members of the armed forces, register • Department of Defence (Military) • • • • • • • • • What are the mechanisms in place to assist What are complainants who are children foreign against a member of a national contingent in a mission? deployed teams sent to a mission to investigate teams sent to a mission to investigate practices/conduct against allegations national of members of its deployed please describe who was contingent? If so, and the activities undertaken. deployed national contingent deployed on mission, on mission, national contingent deployed these cases dealt with nationally? are how Which or the Ministries or Departments are in this process? involved the Ministry personnel from of Justice Have part formed of national investigation ever What are the policies and procedures to be and procedures the policies What are in another occurred if the violation followed country but the country has jurisdiction the perpetrator? over not fall under the Military crimes that do For members of a committed by Code that are provided mechanisms to assist children who children assist to mechanisms provided might be complainants (legal assistance, access to psycho-social witness protection, can you please describe etc.)? If yes, support, them? be followed if the violation occurred in the in violation occurred if the followed be country of origin? in place to assist the mechanisms What are complainants able to Are complainants? for anonymously complaints such make special publicly- there Are of reprisals? fear What is your Ministry’s policy on assisting What is your Ministry’s victims of armed conflict? who are children to and procedures the policies What are AMISOM Civilian Casualty Tracking, Tracking, Civilian Casualty AMISOM Response Cell (CCTARC)? and Analysis, How does the AU/REC interact with the the with interact AU/REC the does How • • • • • Criminal Code); Ministry of Defence (for Ministry of Defence (for Criminal Code); under Military Code) crimes falling • • Government Departments Government under (for crimes falling Ministry of Justice • 126 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN • • • • • • • Where doesthedecisiontoprosecute a allegations orconcernsagainstamember? (victims andotherwitnesses)reporting processes protect theidentity of the person How dopreventive anddisciplinary and prosecution are satisfed. fair process required inany investigation child’s needs and the rulesof evidence and victims? This approach ensures that the needs ofchildren ascomplainantsand process geared towards respecting the How is the and reporting investigation deal withthismatter? process thatisfollowed to by theMinistry operations,in peacesupport whatisthe of violationsagainstchildren by troops In theevent thatthere are allegations operations? origin andinpeacesupport of both in the country national military (both male and female) by membersof the that have beenperpetratedagainstchildren What are theviolationscommonly reported contain? do thesereports developments mission? in a particular What members ofadeployed force). oras armed conflict(whetherincountry account for violationsagainstchildren in examples where troops have been held to children toaccount?Pleaseprovide concrete holding perpetratorsofviolationsagainst and responsibilities when itcomesto tofulflitsroles ofthemilitary on thepart In youropinion, isthere politicalwillingness abandoning thepost) Code in respect of children?the Military (i.e. that memberscouldbeprosecuted for, under Code?Ifnot,Military whatare theviolations of armedconflict by troops fallunderthe Do any violationsofchildren insituations regard? to ensure asuccessfulprosecution inthis the nature oftheevidence thatisrequired a situationofarmedconflictlie? Whatis having perpetratedaviolationofchildin whoisaccusedof member ofthemilitary • • • • • • • • Ministry ofInterior(Police) • • simulation exercises) training? (boththeoretical andintermsof oftheircadet Is itincorporatedaspart on-going training(i.e. notpre-deployment)? training isoffered totroops oftheir aspart What typeofchildprotection-centred forces onissuessuchaschildprotection/SEA. ensure in-depthpre-deployment trainingfor the responsibility of TCC governments to Signifcant emphasisisplacedby theUNon future personneltobedeployed? inflict harmonchildren asameansto vet related crimesorwhohave thepotentialto members whohave beenconvicted ofchild- keepDoes themilitary aregister of might interfere withthisduty? police contingentsdeployed? What factors carried outdiligently by headsofnational If suchdutyexists, doyouthinkthatthisis missions? perpetrated by membersoftheir units in to actonviolationsagainstchildren of nationallegislation, policiesordirectives deployed inmissionsempowered interms Are heads of national police contingents explicitly dealwithchildprotection issues? Does thepolicehave acodeofconductthat operation? prior to being deployed on a peace support vet members before they join the police and What kindsofmechanismsare inplaceto ofadeployedoffcers aspart group? followed toselectheadsofpoliceand Please take methrough theprocess thatis training andwhatdoesitentail? contingents receive? Who carries outthis child protection do members of military What typesofmission-basedtrainingon terms ofsimulation exercises) the trainingentail?(boththeoretical andin their pre-deployment training? What does training is offered to troops of as part What typeofchildprotection-centred ANNEX 127 SAVE THE CHILDREN SAVE Does the police have a child-friendly child-friendly a have police the Does who are mechanism to enable children country the in violations of victims origin of them? to report to ensure in-depth pre-deployment training in-depth pre-deployment to ensure on issues such as child protection/ forces for SEA. What type of child protection-centred to members of the police training is offered not as part of their on-going training (i.e. Is it incorporated as part pre-deployment)? training? (both theoretical of their academy exercises) and in terms of simulation What type of child protection-centred the of members to offered is training partas police pre-deployment their of What does the training entail? training? and in terms of simulation (both theoretical exercises) on What types of mission-based training police of members do protection child out this Who carries contingents receive? training and what does it entail? in place to What kinds of mechanisms are they join the police members before vet service on a and prior to being deployed peace support operation? responsibilities when it comes to holding holding when it comes to responsibilities children against violations of perpetrators concrete provide Please to account? police the of members where examples violations for been held to account have armed conflict (whether in against children in country or as members of a deployed force). membersof register a keep police the Does of child-related been convicted who have the potential to inflict crimes or who have future as a means to vet harm on children personnel to be deployed? the UN Signifcant emphasis is placed by TCC governments of on the responsibility • • • • • • • l its roles and roles its l f on the part the on ful to police the of If not, what are the violations that members what are If not, under these codes for, could be prosecuted of dereliction (i.e. of children? in respect duty) political willingness is there In your opinion, the nature of the evidence that is required that is required of the evidence the nature in this prosecution a successful to ensure regard? in situations violations of children Do any by members of the police of armed conflict or Criminal Code? Act under the Police fall (victims and other witnesses) reporting (victims and other witnesses) reporting allegations or concerns against a member? a to prosecute does the decision Where of member of the police who is accused perpetrated a violation of a child having What is in a situation of armed conflict lie? victims? This approach ensures that the the that ensures approach This victims? and evidence the rules of and needs child’s investigation in any required fair process satisfed. are and prosecution and disciplinary do preventive How personthe of the identity protect processes what is the process that is followed by the by that is followed what is the process Ministry to deal with this matter? investigation reportingand the is How the respecting towards geared process as complainants and needs of children (both male and female) by members of the members of by female) and male (both in the countrynational police both of origin and in peace support operations? allegations of are that there In the event members by children violations against supportof the police in peace operations, contingents need to report to national to national need to report contingents a in developments about authorities do these reports What particular mission? contain? reported the violations commonly are What against children been perpetrated that have How often do heads of national police police national of heads do often How • • • • • • • • 128 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN • • • • • • • Child Rightsbodies Institutions andInternational CSOs, NationalHumanRights • ofviolations reporting Children’s accesstocomplaintsmechanisms/ • • and security forces comply with relevant In yourexperience, donationalarmed impunity) forces (i.e. inthecountry? corruption, accountability ofthearmedandsecurity How would you describe the culture of of thechildrightssector? mechanisms existtocoordinate thework protection inyourcountry? What national and challengesfacedinrelation tochild What are the positive developments go beyondthe6grave violations) (thisshould subjected toinyourcountry? that children (bothmaleandfemale) are What are thehumanrightsviolations Which are yourkey partners? do inthisarea? Can you please describe the work that you and Adolescents in Armed Conflict(CAAC)? Do youconductwork inthearea ofChildren there variationsby region inthecountry? these? and securitysectortoreport Are are victimsofviolationsby thearmedforces What mechanismsexistfor children who the media? Is there any coverage ofsuchinstances in of perpetratingviolationsagainstchildren? forces deployed to a mission are accused members ofthenationalarmedorsecurity Do youcomeacross incidents where account for violationsagainstchildren? and securityforces have beenheldto Can you identify instances where armed provisions innationallaw)? child protection standards, andrelevant humanitarian law, humanrightslaw, laws andnorms(includinginternational • • • • • • • • • • Access tojustice • regard andtrustinthejusticeprocesses in In youropinion, dopeoplehave ahigh victims ofviolationstoreportthem? mechanism toenablechildren whoare Does the police have a child-friendly the reporting ofsuchviolations? been victims or witnesses toviolations in to assistchildrensupport whomighthave Does your organisation provide any andsecurityforces?military violationsagainstthembyto report the Do children feel safe incomingforward of thearmedandsecurityforces? against children perpetratedby members Is there aculture ofreporting violations prosecution are satisfed. process required in any investigation and needs andtherulesofevidence and fair This approach ensures that the child’s conducted inamannerthatischild-centred? Are investigation proceedings and court witnesses)? the identityofchildren (victimsandother Are there measures in place to protect for children, etc.) techniques,interviewing providing support trained indealingwithchildren? (i.e. Are key actors(police, prosecutors, judges) todealwithviolationsagainstchildren? courts Are there specifcchildren’s courts/juvenile Who are thekey actors? justice system? What doesitconstituteof? haveDoes the country an accessible juvenile of violationstocomeforward? a defned complaints mechanismfor victims wastheprocess? participatory Was there determine violationsagainstchildren? How AMISOM)? How wasdatacollectedto d’Ivoire, Kenyan/Ugandan NGOsfor when theUNforces were deployed (Côte intheMRMprocessDid youparticipate the country? ANNEX 129 SAVE THE CHILDREN SAVE responsibilities when it comes to holding holding when it comes to responsibilities children against violations of perpetrators to account? As part of the interview process, informants will informants partAs of the interview process, policies national laws, to name the key be asked a bearing in the area and strategies that have of armed and and the role of child protection security forces. international bodies, local communities) communities) local bodies, international and roles fulfilling their respective to children who are complainants and who complainants who are to children Does the state provide it? cannot afford and legal representation? legal assistance national armed (e.g. other actors Are rights organisations human forces, rights institutions, including national human What kind of legal assistance is rendered rendered is assistance legal of kind What • • Annex B: List of interviews conducted

Entity Date

South Africa Civil Society Chairperson, Commission on Human Yasmin Sooka 16 July 2018 Rights in South Sudan Cheryl Hendricks SADC Peacekeeping Training 24 July 2018 Richard Smith SADC Peacekeeping Training 27 July 2018 Senior Humanitarian Policy Advisor Jens Pedersen and Representative to the AU, Doctors 31 July 2018 Without Borders, South Africa

Senegal Government Ministry of Good Governance and Child Directorate: Child Protection 5 September 2018 Protection Prevention and Security 5 September 2018; Ministry of Armed Forces Directorate 3 December 2018 Child Protection Focal Point Ministry of Armed Forces 26 April 2019 Department of Social Welfare Ministry of Armed Forces 26 April 2019 Provost Unit, Gendarmerie Ministry of Armed Forces 25 April 2019 Police Commander Ministry of the Interior 24 April 2019 Prosecutor, Children’s Tribunal Ministry of Justice 24 April 2019 President, Children’s Tribunal Ministry of Justice 25 April 2019 Civil Society 6 September 2018; Representative AJS (Association of Senegalese Jurists) 23 April 2019 CONAFE (National Coalition of Child 5 September 2018; Representative Rights Associations and NGOs) 23 April 2019 Representative Plan International - Senegal 4 September 2018 PPDH (Platform for the Promotion of 7 September 2018; Representative Human Rights) 23 April 2019 Representative Tostan – Dignity for All Written input

130 SAVE THE CHILDREN ANNEX 131 SAVE THE CHILDREN SAVE 19 September 2018; 3 19 September 2018; April 2019 3 18 September 2018; April 2019 3 18 September 2018; April 2019 10 September 2018 11 September 2018 12 September 2018 11 September 2018 11 September 2018 12 September 2018 11 September 2018 10 September 2018 21 September 2018 3 14 December 2018; April 2019 3 14 December 2018; April 2019 Date 10 September 2018 14 September 2018 12 September 2018 13 September 2018 14 September 2018 Uganda Human Rights Commission UPDF Human Rights Directorate: UPDF (FET), Team Engagement Female UPDF Trainers Commissar UPDF Political UPDF Directorate: Affairs Women’s LIDHO (Ivorian League for Human League for LIDHO (Ivorian Rights) Human for Movement MIDH (Ivorian Rights) SOS Villages Children’s UNICEF CNDH – CI (National Human Rights Commission – Cote d’Ivoire) Ministry of Women, Family and Children Family Women, Ministry of Ministry of Defence Jurists - Women AJS (Association of Cote d’Ivoire) of the Protection APDH (Action for Human Rights) Amnesty International Children DDE-CI (Dignity and Rights for – Cote d’Ivoire) Entity Ministry of the Interior and Security Ministry of Justice and Human Rights Uganda Representative Other Division Child Protection Representative Representative Representative Civil Society Representative Representative Representative Directorate: Judiciary Protection Directorate: Youth and Children for Directorate Child Protection Army Legal Section and Commanders Cote d’Ivoire Government Combatting for Sub-Directorate fcking and Juvenile Traf Child Delinquency 132 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN Representative Representative Representative Representative Representative Representative ofChildren’sDepartment Services Representative Kenya Representative Representative Advocacy Director Representative Protection Advisor Child Addis Ababa Representative Save theChildren – AU Offce UN EconomicCommissionfor Africa African Union Police Commissioner Plan International Children’s Rights Kenya Alliance for theadvancementof Kenya HumanRightsCommission World Vision Terres desHommes The Cradle Children Rights Kenya Alliance for theadvancementof 10 September2018 ofLabourandSocialProtection Ministry Uganda NationalPolice Force (HURINET-U) Human RightsNetwork-Uganda Atrocities Watch Uganda) Federation of Women Lawyers (FIDA UPDF LegalStaff(prosecutor) Entity Coordination ofHumanitarian Affairs United NationsOffcefor the Early Warning Division, African Union 4 April 2019 4 April 2019 2 April 2019 2 April 2019 2 April April 2019 19 September2018; 3 Date 12 December2018 12 December2018 12 December2018 11 December2018 11 December2018 14 September2018 14 September2018 13 September2018 12 September2018 12 September2018 11 September2018 11 September2018 10 September2018 Annex C: Status of Ratification of Key International and Regional Instruments

Cote Instrument Kenya Senegal Uganda d’Ivoire The Universal Declaration of Human Rights • • • • International Covenant on Economic, Social and • • • • Cultural Rights International Convention on the Elimination of • • • • all forms of Racial Discrimination UNESCO Convention against Discrimination in • • • • Education UN Convention against Torture and Other • • • • Cruel, Inhuman or Degrading Treatment or Punishment UN Convention on the Elimination of All Forms • • • • of Discrimination against Women UN Convention on the Rights of Persons with • • • • Disabilities UN Convention on the Prevention and • • • • Punishment of the Crime of Genocide Optional Protocol to the Convention on the • • Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography UN Convention on the Rights of the Child • • • • Optional Protocol to the Convention on the • Signed • • Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography Optional Protocol to the Convention on the • • • • Rights of the Child on the Involvement of Children in Armed Conflict Optional Protocol to the Convention on the Signed Signed Rights of the Child on a Communications Procedure Convention on the Consent for Marriage, • Minimum Age for Marriage and Registration of Marriages UN Convention relating to the Status of • • • • Refugees of 1951 and its 1967 Protocol

SAVE THE CHILDREN 133 134 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN of Forced Labourof25June, 1957 ILO Convention No.105 concerningthe Abolition Arms Trade Treaty in War Substances of Asphyxiating, Toxic GasesandBacteriological Protocol relating totheProhibition oftheUse (“Ottawa Treaty”) Personnel MinesandontheirDestruction Stockpiling, Production and Transfer of Anti- Convention ontheProhibition oftheUse, (CCW) Convention Conventional onCertain Weapons andComponents their Parts Ammunition Manufacturing ofand Traffcking inFirearms, United NationsProtocol againsttheIllicit Convention onClusterMunitions Crime Convention against Transnational Organized Children, supplementingtheUnitedNations Traffcking inPersons Especially Women and Protocol toPrevent, Suppress andPunish Instrument Civilians during Warfare (IV) Geneva Convention ontheProtection of Prisoners of War (III) Geneva Convention onthe Treatment of Armed Forces atSea(II) Wounded, theSickandShipwrecked Membersof Geneva Convention for theRelief ofthe (I) during Warfare Wounded andthe Sickinthe Armed Forces Geneva Convention for theRelief ofthe Elimination and theImmediate Action Towards their Prohibition ofthe Worst Forms ofChildLabour ILO Convention No. 182concerningthe Labour of28June, 1930 ILO Convention No. 29concerningForced 26 June, 1973 Minimum Age of Admission intoEmployment of ILO Convention No.138 concerningthe d’Ivoire Cote • • • • • • • • • • • • • • • Min Age: Kenya 15 yrs. • • • • • • • • • • • • • Senegal • • • • • • • • • • • • • • • Uganda Min Age: Signed 14 yrs. • • • • • • • • • • • ANNEX 135 • • • • • • • • • • • • • Uganda SAVE THE CHILDREN SAVE • • • • • • • • • • • • • • Signed Senegal • • • • • • • • • • • Kenya • • • • • • • • • • • • • • • Cote d’Ivoire c Aspects of Refugee on Specifc Convention OAU Problems in Africa ACHPR Protocol on the Establishment of an Protocol ACHPR Rights African Court of Human and Peoples’ the Protection for African Union Convention in Displaced Persons Assistance of Internally and Africa (Kampala Convention) the Child African Youth Charter Relating to the Establishment of the Protocol Union African and Security Council of the Peace African Charter and on Human to the Protocol Africa in Women Rights on the Rights of Peoples’ Accession to Regional Instruments African Union Act of the Constitutive Rights African Charter and Peoples’ on Human of Welfare African Charter and on the Rights The Rome Statute of the International Criminal The Rome Statute of Court Relating to the Status of UN Convention Stateless Persons on the Reduction of UN Convention Statelessness Supplementary Protocol to the Geneva Supplementary to the Geneva Protocol to the 1949 relating August, of 12 Conventions Victims of Unarmed International of Protection II) Conflicts (Protocol of Cultural the Protection for Convention Armed Conflict of in the Event Property Instrument Supplementary Geneva to the Protocol to the relating 1949 August, of 12 Conventions Armed Victims of International of Protection I) Conflicts (Protocol MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA ARMED CONFLICT IN MECHANISMS IN ACCOUNTABILITY MAPPING OF CHILD PROTECTION Save the Children Somalia

136 SAVE THE CHILDREN NOTES

1 Uganda successfully launched MRM, which led UPDF to 15 One of the frst documents developed was the United establish standard operating procedures in May 2011 Nations Secretary-General’s Bulletin on Special for the reception and handover of children and women Measures for Protection from Sexual Exploitation and separated from LRA in the Democratic Republic of the Abuse (ST/SGB/2003/13). Congo, South Sudan and the Central African Republic. 16 United Nations General Assembly (2018), Annual 2 For CIV, it is related to the Monitoring and Reporting Report of the Special Representative of the Secretary- Mechanism, holding perpetrators to account and their General for Children and Armed Conflict to the Human involvement in the verifcation process. The Human Rights Council (A/HRC/37/47), 8 January 2018, p16. Rights Commission and ONUC (while it was present) 17 Ibid, p.4. were involved. 18 Erin A. Weir (2013), “Policies that Protect: The African 3 Save the Children has Memoranda of Understanding Union and the Protection of Civilians”, Policy Brief 7, with ECOWAS, and the Eastern Africa Standby Force. (Oslo: Norwegian Institute of International Affairs), 4 Includes but not limited to African Committee of https://www.fles.ethz.ch/isn/168422/NUPI%20Policy%20 Experts on Rights and Welfare of the Child (ACERWC), Brief-7-13-Weir.pdf, (accessed 15 March 2019), p.2. African Peace and Security Architecture (APSA) 19 The Malabo Protocol extends the jurisdiction of the 5 Conflict Dynamics International (2011), Bridging the yet-to-be established African Court of Justice and Accountability Gap: New approaches to addressing Human Rights (ACJHR) to crimes under international violations against children in armed conflict. law and transnational crimes. In essence, the international criminal law section of the ACJHR will 6 UNICEF (2009), Machel Study 10-year Strategic Review: serve as an African regional criminal court, operating Children and Conflict in a Changing World, (UNICEF: in a manner similar to the International Criminal Court New York), pp.63-64. (ICC) but within a narrowly defned geographical 7 Statement by Ms. Virginia Gamba, Special scope, and over a massively expanded list of crimes. Representative of the Secretary-General for Children For more information see, for instance, Amnesty and Armed Conflict: Open Debate on Children and International (2016), The Malabo Protocol: Legal and Armed Conflict “Protecting Children Today Prevents Institutional Implications of the merged and expanded Conflict Tomorrow”, UN General Assembly, 9 July 2018, African Court, (London: Amnesty International), p.1 https://www.amnesty.org/download/Documents/ AFR0130632016ENGLISH.PDF (accessed 15 March 8 Ibid, p.2. 2019). 9 Ibid. 20 United Nations (1996), ‘Impact of Armed Conflict 10 Save the Children (2018), The War on Children Report: on Children: Report of the expert of the Secretary- Time to end grave violations against children in conflict, General, Ms. Graça Machel, submitted pursuant to (Save the Children International: London), p.7. General Assembly Resolution 48/157’, UN document A/51/306, New York, 26 August 1996. 11 Ibid. 21 Bernadette Knauder, ‘The ‘List of Shame’ – a Sham? 12 Ibid. Accountability of conflict parties for child rights 13 United Nations (2013), Report of the Secretary- violations, 13 June 2017, https://policyblog.uni-graz. General, Children and Armed Conflict, at/2017/06/the-list-of-shame-a-sham-child-rights- A/67/845–S/2013/245, May 2013. violations/ (accessed 29 July 2018); Security Council Report (October 2017), Children and Armed Conflict: 14 United Nations (2015), Uniting Our Strengths for Peace Sustaining the Agenda, (Security Council Report: New – Politics, Partnership and People: Report of the High- York), p.2. Level Independent Panel on United Nations Operations, 16 June 2015, p.62.

SAVE THE CHILDREN 137 138 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN 30 29 28 27 26 25 24 23 22 40 Ibid. 39 38 37 36 Ibid. 35 34 33 32 31 Security Council Report (October2017),Security CouncilReport Watchlist onChildren in Armed Conflict(2009), UNICEF (2009), MachelStudy10-Year StrategicReview: United NationsSecurityCouncil, Working Group on Watchlist onChildren in Armed Conflict(2009), UN Ibid, pp.12-13. Ibid, pp.12-15. United NationsOffceoftheSpecialRepresentative (October2017),Security CouncilReport Ibid, p.130. Ibid, p.110. Ibid, p.109. Ibid, p.108. Ibid, p.107. Ibid, p.104. Holt, Victoria andG. Kelly (2009), P United NationsGeneral Assembly (2018), Annual Report: New York), p.14. Armed Conflict: Sustainingthe Agenda CouncilResolution Security Children andConflictinaChanging World, p. 55. November 2018). securitycouncil/subsidiary/wgcaac, (accessed24 Children and Armed Conflict, https://www.un.org/ CouncilResolution1612andBeyond Security June 2014, p.1-24. Violations againstChildren insituationsofarmedconflict, onGrave Mechanism andReporting Guidelines –Monitoring Operations andUnitedNationsChildren’s Fund(2014), Conflict, of UnitedNationsDepartment Peacekeeping forof theSecretary-General Children and Armed Report: New York), p.3. Armed Conflict: Sustainingthe Agenda pdf, p.90. Context%20of%20UN%20Peacekeeping%20Operations. Documents/Protecting%20Civilians%20in%20the%20 United Nations), https://www.unocha.org/sites/dms/ andRemainingChallenges, Setbacks in theContextofUNPeacekeeping Operations: Successes, Rights Council(A/HRC/37/47), 2018, 8January p16. General for Children and Armed ConflicttotheHuman oftheSpecialRepresentativeReport oftheSecretary- 1612andBeyond, p.3. (New York: , (SecurityCouncil , (SecurityCouncil rotecting Civilians Children and Children and , p.3. UN

https://www.beyondintractability.org/library/criminal- 47 46 45 44 43 Ibid. 42 Ibid. 41 Ibid. 54 53 52 51 Ibid. https://www.ipinst.org/2011/02/reviewing-the-1990- 50 49 48 Dieter Fleck(2013), “The legalstatusofpersonnel Ibid, p.143. Ibid, p.141. Ibid, p.140. United NationsGeneral Assembly (2006), Ibid, p.15. Z Deen-Racsmany (2011), “The Amended UNModel International Peace Institute(2011), Reviewing the1990 Dieter Fleck(2013), “The legalstatusofpersonnel United NationsGeneral Assembly (1990), personnel-during-peacekeeping-missions (accessed15 misconduct-and-sexual-offenses-committed-un- Peacekeeping Missions”, Sexual Offenses Committedby UNPersonnel During Milena Petrova (2015), “Criminal Misconductand International Review oftheRedCross involved inUnitedNationspeaceoperations”, Peacekeeping Operation], A/61/494 (3October2006). State] contributingresources to[theUnitedNations between theUnitedNationsand[participating Revised draftmodelmemorandumofunderstanding of Peacekeeping Operationsinalltheir Aspects: Comprehensive Review ofthe Whole Question UK), p.12. Law Security National Peacekeeping Contingents?”, JournalofConflictand States toDisciplineandProsecute of MilitaryMembers Memorandum ofUnderstanding: (accessed on29July 2018). united-nations-model-status-of-forces-agreement United NationsModelStatusofForces Agreement, 636. International Review oftheRedCross involved inUnitedNationspeaceoperations”, (A/45/594), 9October1990. oftheSecretary-General,operations –Report Status ofForces Agreement for peace-keeping Peace-keeping operationsinalltheiraspects: Model Comprehensive Review ofthe Whole Questionof March 2019). 16(2), (Oxford University Press: Oxford, A New Incentivefor 95(891/892), p.629; 95(891/892), p.613- NOTES 139 , , Turning point Turning ISS Today 22 Sep Today ISS SAVE THE CHILDREN SAVE Continental Study on Continental Study on the-au-un-peacekeeping-partnership (accessed 9 March (accessed 9 March the-au-un-peacekeeping-partnership 2019). Children and Conflict in a Changing World, (UNICEF: (UNICEF: World, Changing and Conflict in a Children pp.67-68. p.61; York), New (2016), of the Child Welfare Africa the Impact of Conflict and Crises in on Children https://acerwc.africa/wp-content/uploads/2018/07/ Study_on_the_impact_of_armed_conflict_and_crises_ on_children_in_Africa_ACERWC_FINAL_ENGLISH.pdf, p.viii. 2018), (accessed 12 November http://www.africa.undp.org/content/rba/ August 2017, en/home/blog/2017/8/7/africa_defning_challenge.html, 2018). (accessed 12 November (2016), of the Child Welfare Africa the Impact of Conflict and Crises in on Children https://acerwc.africa/wp-content/uploads/2018/07/ Study_on_the_impact_of_armed_conflict_and_crises_ on_children_in_Africa_ACERWC_FINAL_ENGLISH.pdf, ix. p. 2018), (accessed 12 November partnership? peacekeeping AU-UN the for https://issafrica.org/iss-today/turning-point-for- 2017, preventing-sexual-exploitation-and-abuse/content/ 2019). 15 March (accessed victims-rights-advocate un.org/preventing-sexual-exploitation-and-abuse/ (accessed 15 content/role-victims’-rights-advocate, 2019). March https://www.un.org/ Report, Annual 2018 (2018), preventing-sexual-exploitation-and-abuse/sites/www. fles/ un.org.preventing-sexual-exploitation-and-abuse/ fnal_with_ ovra_annual_report_2018.docx_feb_19_ pp.1-2. 2019), (accessed 17 March signature.pdf, 2016, November Offce of the Prosecutor), (The Hague: https://www.icc-cpi.int/iccdocs/otp/20161115_OTP_ (accessed 15 March ICC_Policy-on-Children_Eng.PDF, 2. p. 2019), UNICEF (2009), Machel Study 10-year Strategic Review: Strategic Review: Machel Study 10-year UNICEF (2009), African Committee of Experts on the Rights and 7 release] Defning Challenge [Press Africa’s UNDP, African Committee of Experts on the Rights and de Carvalho and Lesley Connolly, Gustavo Victims’ Rights Advocate, https://www.un.org/ Advocate, Victims’ Rights https://www. Advocate, Victims’ Rights The Role of the Advocate Victims’ Rights Offce of the United Nations, on Children, Policy International Criminal Court (2016), Ibid. 68 Ibid. 69 70 71 72 73 64 65 66 67 [Ref Policy: Child Policy: Vol. 10(1), http:// 10(1), Vol. Journal of Conflict and 16 (2), (Oxford University Press: Oxford, Oxford, Press: University (Oxford 16 (2), , (New York: DPKO/DFS), 1 November 2011. 2011. 1 November DPKO/DFS), York: (New , Department of Political Affairs (2017), Affairs (2017), Department of Political Operations in United Nations Peace Protection 1 June 2017. DPKO/DFS/DPA), York: (New 2017.11], Operations/Department of Field Support (2011), Operations/Department of Field Support (2011), of child labour in UN Peacekeeping Policy on Prohibition Operations Department of Field Support and Operations, Human Rights Due Diligence Policy on United Nations Human Rights Due Diligence Policy support to non-United Nations Security Forces, 2013. 5 March A/67/775-S/2013/110, p.20. 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Mail and Guardian, to curb sexual abuse”, peacekeepers Mahboub Maalim (2013), “IGAD’s Role in Stability and “IGAD’s Mahboub Maalim (2013), Usang Maria Assim (2012), “Harmonising the defnition Assim (2012), Usang Maria Ndungu (2011), Irene https://igad.int/ IGAD Home page, Do”, “What we https://igad.int/ IGAD Home page, Do”, “What we meeting on IGAD Regional “Consultative IGAD (2015), Hussein Solomon (2013), (2013), Hussein Solomon 18 November Johannesburg, Smith, Richard Interview, guilty of assaulting “SA soldiers Nico Gous (2018), UN women more “SA deploys Raeesa Pather (2017), 245 228 229 Ibid. 230 231 232 Ibid. 233 234 222 223 Ibid. 224 Ibid. 225 226 227

Protocol relating to the establishment relating Protocol Protocol on Politics, Defence and Security and Defence on Politics, Protocol fles/3613/5292/8367/ https://www.sadc.int/ 2018. from the SADC SF Civilian Roster for Peace Support Peace Roster for the SADC SF Civilian from https:// 2017, 9 November Release, Press Operations”, www.sadc.int/news-events/news/sadc-prepares- civilian-experts-sadc-sf-civilian-roster-peace-support- (accessed 12 December 2018). operations/, 2018. politics-defence-security/regional-peacekeeping/ (accessed on 12 October 2018). awareness on the SADC Standby Force Civilian Roster Force SADC Standby on the awareness 12 Release, Press Support Operations”, Peace for https://www.sadc.int/news-events/news/ October 2017, sadc-secretariat-continues-raise-awareness-sadc- standby-force-civilian-roster-peace-support-operations/, (accessed 12 October 2018). of the Peace and Security Council of the African Union and Security Council of the of the Peace http://www.peaceau.org/uploads/psc-protocol-en.pdf, (accessed 11 October 2018). politics-defence-security/regional-peacekeeping/ (accessed on 12 October 2018). Member States on the Establishment of a Southern Member States on the Establishment Brigade, Standby Community African Development fles/9013/5333/7937/MOU_on_ https://www.sadc.int/ Establishment_of_SADC_Standby_Brigade2007.pdf.pdf, (accessed 10 October 2018). secretariat/, (accessed 12 October 2018). (accessed 12 secretariat/, politics-defence-security/regional-peacekeeping/ (accessed on 12 October 2018). Community African Development the Southern Co-operation, Protocol_on_Politics_Defence_and_Security20001.pdf, pp.3-4. (accessed on 10 October 2018), Interview, Richard Smith, Johannesburg, 18 November 18 November Johannesburg, Smith, Richard Interview, SADC (2017), “SADC Secretariat continues to raise continues “SADC Secretariat SADC (2017), 18 November Johannesburg, Smith, Richard Interview, https://www.sadc.int/themes/ “Regional Peacekeeping”, Civilian Experts “SADC Prepares SADC (2017), African Union (2002), African Union (2002), https://www.sadc.int/themes/ “Regional Peacekeeping”, SADC (2001), SADC (2001), https://www.sadc.int/sadc- “SADC Secretariat”, https://www.sadc.int/themes/ “Regional Peacekeeping”, Amongst Memorandum of Understanding SADC (2007), 220 221 Ibid. 219 Ibid. 216 217 218 215 214 213 211 212 208 209 Ibid. 210 207 Ibid. 146 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN 243 242 241 240 239 238 237 Ibid. 236 Ibid. 250 249 Ibid. 248 247 Ibid. 246 245 244 L Miyandazi(2016), Isthe African Union’s fnancial OPCC brief African UnionCommission(2013), ofthe Report Nima DamidezandKarlSorenson (2009), ‘To Have S Desmidtand V Hauck(2017), DiscussionPaper: Nima DamidezandKarlSorenson (2009), ‘To Have “Uganda”, https://www.hrw.org/africa/uganda, withUgandancivilsocietyrepresentatives,Interview “Uganda Population”, http://www.worldometers.info/ Jude Cocodia(2016), p.10. Jude Cocodia(2016), The African Capacityfor independence apossibility?ECDPM Talking Points blog, December), p.28. Full OperationalCapabilityby 2015, (Addis Ababa: African Standby Force andPlanof Action for Achieving Independent PanelofExperts’ Assessment ofthe Analysis: Stockholm), p.19. Capability, (Swedish Defence Research Agency Defence and Have Not’: A StudyoftheNorth African Regional for Development Policy Management), p.7. ECPDM DiscussionPaperNo. 211(European Centre in violentconflicts Africa for theyears2013-2015, African UnionandRegionalEconomicCommunities prevention andconflict resolution interventions by the Security Architecture (APSA): Analysis ofconflict Conflict managementunderthe African Peace and Analysis: Stockholm), p.16 Capability and Have Not’: (accessed 13October2018). Kampala, 2 April 2019. September 2018). world-population/uganda-population/, (accessed 16 Policy Centre: Rabat, Morocco), p.4. of theRegional? April 2018, Policy Brief-18/09, (OCP Lawson (2018), Peacekeeping in Africa: The Importance No. 7(SocialSciencesResearch Council), p.10; Ewan African Peacebuilding Network Working PaperSeries Standby Force: Optionsfor Peace in Intervention Africa, Immediate ResponsetoConflictandthe African union-fnancial-independence (accessed30July 2018) 24 August 2016, http://ecdpm.org/talking-points/african- , (Swedish Defence Research Agency Defence A Study of the North A StudyoftheNorth Regional African 254 253 252 251 267 266 Ibid. 265 Ibid. 264 Ibid. 263 262 Ibid. 261 Ibid. 260 Ibid. 259 258 257 Ibid. 256 255 Ibid. Republic ofUganda, ofGender, Ministry Labour Republic ofUganda, ofGender, Ministry Labour Kaboggoza Ssembatya(2016), “Uganda Child “Uganda”, https://www.amnesty.org/en/countries/africa/ “United Nations Regional Service Centre Entebbe”,“United NationsRegionalService Marco Jowell (2018), Profle: Country Uganda, Version: withUgandancivil society representatives,Interview Republic ofUganda, Directorate ofPublicProsecutions withUgandancivil society representatives,Interview bettercarenetwork.org/sites/default/fles/CP%20 Child Protection Systems’MappingReport, https:// Status oftheChildProtection SysteminUganda: and SocialDevelopment andUNICEF(2013), The (accessed 12October2018). media/1681/fle/Child%20participation%20strategy.pdf, Strategy,Participation https://www.unicef.org/uganda/ and SocialDevelopment (2017), NationalChild workshop.pdf, (accessed27September2018). PROTECTION-SYSTEMS-MAPPING-Aug-2016- org/wp-content/uploads/2016/08/UGANDA-CHILD- Presentation 17July 2016, http://childprotectionforum. Protection SystemsandtheRoleofCommunity”, uganda/, (accessed12October2018). 2018). https://rsce.unmissions.org/, (accessed12October pdf, p.1 (accessed13October2018). org/wp-content/uploads/2018/04/ipi-pub-ppp-uganda. 22 April 2018, http://www.providingforpeacekeeping. Kampala, 2 April 2019. 2018). cases%20in%20Uganda.pdf, (accessedon11October media/1781/fle/Prosecuting%20child%20related%20 Public Prosecutions, https://www.unicef.org/uganda/ in Uganda: A Handbookfor UgandaDirectorate of and UNICEF(2016), Prosecuting child-related cases Kampala, 2 April 2019. Version248.pdf; (accessedon11 October 2018), p.34. Systems%20Mapping%20Report%20%20Printed%20 NOTES 147 SAVE THE CHILDREN SAVE attack”, BBC News, 21 August 2015, https://www. August 2015, 21 BBC News, attack”, (accessed 13 bbc.com/news/world-africa-34022089, October 2018). 2019. (accessed 13 http://amisom-au.org/cctarc/ (CCTARC)” October 2018). December 2018. Actions in Somalia?”, Its for Accountable (sic) Is Most https:// August 2016, 4 Somalia Newsroom, somalianewsroom.com/2016/08/04/which-amisom- countributor-is-most-accountable-for-its-actions-in- October 2018). (accessed 10 somalia/, https://www. 2011, 16 March Vision, New Civilians”, newvision.co.ug/new_vision/news/1014749/soldiers- (accessed 10 October 2018). jailed-shooting-civilians, Actions in Somalia?”, Its Accountable for (sic) Is Most https:// August 2016, 4 Somalia Newsroom, somalianewsroom.com/2016/08/04/which-amisom- countributor-is-most-accountable-for-its-actions-in- (accessed 10 October 2018). somalia/, engagement teams: who they are and why they and why who they are engagement teams: https://www.army.mil/article/88366/female_ do it, engagement_teams_who_they_are_and_why_they_ 2019). (accessed 9 March do_it, self-discipline within principles and develop/monitor military units. the the Mission and between relations help strengthen local population. https:// Operations, Participation in Peacekeeping www.cfr.org/report/increasing-female-participation- 2019). (accessed 9 March peacekeeping-operations, “Uganda AU soldiers charged over Somali wedding Somali wedding soldiers charged over AU “Uganda Interview with UPDF representatives, Kampala, 3 April 3 Kampala, Interviewwith UPDF representatives, and Response Cell Analysis, Tracking, “Civilian Casualty 14 Kampala, Interviewwith UPDF representatives, “Which AMISOM Thomas (2016), Contributor Tres Shooting “Soldiers Jailed for Among (2011), Barbara “Which AMISOM Thomas (2016), Countributor Tres Sgt. Christopher McCullough (2012), Female Female (2012), Christopher McCullough Sgt. Members of the Military assigned to teach party to AMISOM CIMIC offcers engage with communities Female Increasing (2018), Relations Council on Foreign 298 Ibid. 299 300 Ibid. 290 291 Ibid. 292 293 294 295 296 297 Ibid. 285 286 Ibid. 287 288 289 was started by the U.S. Marines Corps and has been in was started the U.S. by a decade. nearly existence for 2019. 2019. 2019. December 2018, UPDF presentation. December 2018, 2018. December 2018, UPDF presentation. December 2018, 4 December UPDF, Wacha, interviewwith Brigadier 2018. under-amisom/ (accessed 30/10/2018) under-amisom/ Institutional Capacity Enhancement at the International Phase II (2016) p7 Centre Training Support Peace http://www.undp.org/content/dam/kenya/ at; available docs/Peace%20Building/UNDP-IPSTC_PROJECT_ (accessed 12/10/2018) DOCUMENT_-FINAL-1-.pdf; org/wp-content/uploads/2018/04/ipi-pub-ppp-uganda. (accessed 13 October 2018). p.1 pdf, to Somalia under Ugandan police contingent deployed at https://www.politicalanalysis. available AMISOM; co.za/ugandan-police-contingent-deployed-to-somalia- FOCUS, Updated 24 August 2018), https://fas.org/sgp/ 2018), August Updated 24 FOCUS, p.1. (accessed 12 October 2018), crs/row/IF10325.pdf, http://www.providingforpeacekeeping. 2018, April 22 nsf/0/34C18819BB7C4DFFC12573750032B4CE, nsf/0/34C18819BB7C4DFFC12573750032B4CE, 2018). (accessed 11 October https://www.updfmil.go.ug/peace.php, Peacekeeping”, (accessed 12 October 2018). Interview with UPDF representatives, Kampala, 3 April 3 Kampala, Interview with UPDF representatives, that engagement team (FET) is a program The female SC Reflection workshop Sarova Nakuru, Kenya, 3-4 Kenya, Nakuru, Sarova workshop SC Reflection Kenya, Nakuru, Sarova workshop SC Reflection 3-4 Kenya, Nakuru, Sarova workshop SC Reflection 4 December UPDF, Wacha, Interviewwith Brigadier April 3 Kampala, Interview with UPDF representatives, Political Analysis South Africa, article (January 2019); article (January 2019); Africa, South Analysis Political and Training Support Operation Peace UNDP IPSTC; Uganda Peoples’ Defence Forces (UPDF), “UPDF (UPDF), Forces Defence Uganda Peoples’ IN “Uganda”, Service Research (2018), Congressional Version: Uganda, Countryfle: Pro (2018), Jowell Marco The Uganda Peoples’ Defence Forces Act, 2005, 2005, Act, Forces Defence The Uganda Peoples’ 284 281 Ibid. 282 Ibid. 283 277 278 279 Ibid. 280 275 276 274 273 270 Ibid. 271 272 https://ihl-databases.icrc.org/applic/ihl/ihl-nat. 269 268 148 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN 315 314 313 Ibid. 312 Ibid. 311 310 309 Ibid. 308 Ibid. 307 Ibid. 306 Ibid. 305 Ibid. 304 Ibid. 303 Ibid. 302 301 Ibid. 321 Ibid. 320 319 Ibid. 318 317 316 Ibid. Child RightsInternationalNetwork (2014), Kenya Available athttps://www.crin.org/en/library/ UNICEF (2014), Kenya programme document Country “Kenya Population”, http://worldpopulationreview. withUgandaPoliceInterview Force representatives, International Peace Support Training Centre (IPSTC) European UnionExternal Action (EEAS)(2016), UNICEF (2015), RightsatRisk: IssuesofConcernfor publications/kenya-persistent-violations-childrens-rights (accessed on9October2018). fles/2014-PL6-Kenya_CPD-fnal_approved-English.pdf, (2014-2018), https://www.unicef.org/about/execboard/ 2018). com/countries/kenya-population/, (accessed9October Kampala, 4 April 2019. aspx, (accessed 11 November 2018). Home Page; “About Us”, http://www.ipstc.org/about-us. (accessed on9March 2019). the%20Kenya%20Juvenile%20Justice%20System, warning-system-taxonomy/404_en/7093/Improving%20 Release, 20July 2016, https://eeas.europa.eu/generic- “Improving theKenya Juvenile JusticeSystem”, Press November 2018). documents/785_jj_ngorep_kenya2.htm, (accessed11 Kenyan Children, https://www.unicef-irc.org/portfolios/ (accessed on9October2018), p.11. library/publications/kenya-access-justice-children.html, access tojusticefor children, https://archive.crin.org/en/ 327 326 Ibid. 325 Ibid. 324 323 Ibid. 322 333 332 331 330 329 328 Ibid. Doudou Sidibé(2013), Peace processes inCôted’Ivoire: The World BankinCôted’Ivoire, http://www. Patrick Mutahi, “Just When Kenya’s needsmore Military UN Department ofPeacekeepingUN Department Operations(DPKO), Yomi Kazeem(2017), “Côte d’Ivoire ispaying off United NationsGeneral Assembly (2017), ofthe Report Doudou Sidibé(2013), Peace processes inCôted’Ivoire: United NationsGeneral Assembly (2017), ofthe Report cote-divoire/ (accessed14March 2019), p.12. https://www.accord.org.za/publication/peace-processes- the post-electoralcrisis, (UmhlangaRocks: Accord), Democracy andchallengesofconsolidatingpeaceafter (accessed 30July 2018) worldbank.org/en/country/cotedivoire/overview calls-for-less/, (accessed9March 2019). military-needs-more-civilian-oversight-a-proposed-bill- www.chrips.or.ke/commentary/just-when-kenyas- civilian oversight, aproposed billcallsfor less”, https:// 30 July 2018) rankingofmilitaryandpolicecontributions.pdf, (accessed ranking, https://peacekeeping.un.org/sites/default/fles/ of Summary Troop ContributingCountriesby 2019). to-help-stop-mutinies-report/ (accessed14March africa/1153797/cote-divoire-to-pay-soldiers-to-retire- 12 December2017, Quartz Africa, https://qz.com/ soldiers toreduce itslarge—andmutiny-prone—army”, p.10. in thefeldofhumanrights, A/HRC/35/43, 19May 2017, building andtechnicalcooperationwithCôted’Ivoire ontheenhancementofcapacity- Independent Expert September 2018. 2018.; with Interview Amnesty International, Abidjan, 11 des Droits del’Homme(MIDH), Abidjan, 11September withrepresentativesInterview from Mouvement Ivoirien cote-divoire/, (accessed14March 2019), pp.12-13; https://www.accord.org.za/publication/peace-processes- the post-electoralcrisis, (UmhlangaRocks: Accord), Democracy andchallengesofconsolidatingpeaceafter p.7. in thefeldofhumanrights, A/HRC/35/43, 19May 2017, building andtechnicalcooperationwithCôted’Ivoire ontheenhancementofcapacity- Independent Expert NOTES 149 SAVE THE CHILDREN SAVE of Children and Youth, Abidjan, 14 September 2018. Abidjan, Youth, and of Children 10 September Abidjan, Commission of Cote d’Ivoire, 2018. the Protection of Human Rights), Abidjan, 10 September Abidjan, of Human Rights), the Protection 2018. 12 September 2018. Abidjan, and Children, Family African to the Report of the Republic of Cote d’Ivoire Rights (Abidjan: Commission on Human and Peoples p10. Ministry of Human Rights and Public Freedoms), Independent Expert on the enhancement of capacity- in building and technical cooperation with Côte d’Ivoire pp12-13. the feld of human rights (A/HRC/35/43), fles/Cote_ https://www.unicef.org/about/annualreport/ p.6. 2018), (accessed 28 July dIvoire_2017_COAR.pdf 12 September 2018. Abidjan, and Children, Family the Judicial Protection for Directorate Human Rights, des lieux sur la formation des forces de securite aux de securite des forces formation des lieux sur la Rapport Final, en Cote d’Ivoire: L’Enfant de Droits p.87. 2012), (Canada: African to the Report of the Republic of Cote d’Ivoire (Abidjan: Rights Peoples Commission on Human and p.22. Ministry Rights and Public Freedoms), of Human Delinquency, fcking and Juvenile Traf Combatting Child 10 September 2018. Abidjan, 10 Abidjan, of Cote d’Ivoire, Human Rights Commission September 2018. Interview with representatives from the Human Rights from Interview with representatives Interview with representatives from APDH (Action for APDH (Action for from Interviewwith representatives Women, Ministry from of representatives Interview, Initial and Combined (2012), Republic of Cote d’Ivoire Report of the UN Human Rights Council (2017), 2017, ReportAnnual Cote d’Ivoire UNICEF (2017), Women, Ministry from of representatives Interview, Ministry from and of Justice representatives Interview, International Bureau for Children’s Rights (2012), Etat Rights (2012), Children’s for Bureau International Initial and Combined (2012), Republic of Cote d’Ivoire for Sub-Directorate from representative Interview, the National from Interview with representative 362 352 Ibid. 353 354 355 Ibid. 356 Ibid. 357 358 359 360 361 346 347 348 349 Ibid. 350 351 Ibid. article 113 of the new Constitution states that “legally “legally article Constitution states that 113 of the new also refer incorporated human rights institutions may the Constitutional to to public freedoms relating laws their promulgation”. Council before of expression and the right to freedom of conscience and the right to freedom of expression establishes the right to a healthy 18 and 19); (arts. the illegal storage or dumping prohibits environment, the waste on national territoryof toxic and removes 27); the latter practice (art. statute of limitations for of civil society as the important role and recognizes Moreover, 26). (art. of democracy part of the expression cruel, inhuman or degrading treatment, including inhuman or degrading treatment, cruel, genital female notably violence against women, traffcking and human prohibits 5); (art. mutilation the rights of strengthens 5 and 16); child labour (arts. introduces 32 and 33); persons with disabilities (arts. guarantees 6 and 7); guarantees of a fair trial (arts. the right to freedom the right to access to information, frms the abolition it reaf rights and public freedoms: adopts the principle 3); of the death penalty (art. prohibits and explicitly the law of equality before and humiliating, torture prohibits 4); discrimination (art. d’Ivoire https://www.savethechildren.org.uk/content/ d’Ivoire dam/global/reports/advocacy/child-marriage-cote-d- 2019). (accessed 15 March ivoire.pdf, Strategic Note Child Protection, http://fles.unicef. Strategic Note Child Protection, org/transparency/documents/Cote%20D%27Ivoire_ CPD2017-2020_StratgicNote_CP-fnal%2015-06-16.pdf, pp.2-4. 2018), (accessed 24 November (accessed 24 November 2018) (accessed 24 November situation-of- https://medium.com/@UNICEFCIV/ children-in-côte-divoire-the-big-picture-5f69f50fa499 2018) (accessed 30 July Realizing Children’s Rights in the Ivory Coast https:// Realizing Children’s (accessed 30 July www.humanium.org/en/cote-d-ivoire/ 2018). 2018) (accessed 24 November The new Constitution has expanded the list of human The new Ibid, p.2. Ibid, p.3. Ibid, p.4. Ibid, in Cote Child Marriage UK (2018), the Children Save Data obtained from http://uis.unesco.org/country/CI http://uis.unesco.org/country/CI Data obtained from http://uis.unesco.org/country/CI Data obtained from the big picture’, in Côte d’Ivoire: ‘Situation of children CPD 2017 – 2020: (2017), UNICEF Cote d’Ivoire This section is reproduced from Children of Ivoryof Coast Children from reproduced is section This 344 Ibid. 345 341 342 Ibid. 343 339 340 337 338 335 336 334 150 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN 369 368 367 366 365 Ibid. 364 Ibid. 363 375 374 373 372 371 370 Ibid, p.92. Gwenaelle Dereymaeker (2016), “Constitutionality Interview, representatives ofJusticeand from Ministry 32oftheIvoirianArticle Constitutionstatesas Gwenaelle Dereymaeker (2016), “Constitutionality Interview withrepresentativesInterview from DignitéetDroits UN HumanRightsCouncil(2017), ofthe Report ofState(2015),United StatesDepartment Coted’Ivoire Yvonne Rarieya(2018), “Over 2,000Ivorian troops Interview, representatives ofJusticeand from Ministry ofState(2015),United StatesDepartment Coted’Ivoire Initiative: Cape Town), p.90-91. Mozambique andZambia”, (CivilSocietyPrisonReform comparative studyofBurundi, Côted’Ivoire, Kenya, of CriminalProcedure andPrisonLaws in Africa: A of Children and Youth, Abidjan, 14September2018. Human Rights, Directorate for theJudicialProtection 24 November 2018), p. 9. constitution/Cote_DIvoire_2016.pdf?lang=en (accessed Constitution of2016, https://www.constituteproject.org/ employment, culture, andleisure”, sports Côted’Ivoire’s of vulnerablepersonstohealthcare services, education, disabilities. Itiscommittedtoguaranteeingtheaccess children, women, mothers, theelderly andpersonswith measures topreventnecessary thevulnerabilityof the specifcneedsofvulnerablepersons. Ittakes the follows: “The Stateiscommittedtoguaranteeing Initiative: Cape Town), p.15. Mozambique andZambia”, (CivilSocietyPrisonReform comparative studyofBurundi, Côted’Ivoire, Kenya, of CriminalProcedure andPrisonLaws in Africa: A September 2018. pour lesEnfants–Coted’Ivoire (DDE-CI), Abidjan, 12 the feldofhumanrights(A/HRC/35/43), p.11. building andtechnicalcooperationwithCôte d’Ivoire in ontheenhancementofcapacity- Independent Expert Human RightsandLabor: Washington DC), p.5. (Bureau2015 HumanRightsReport ofDemocracy, 28 November 2018). plagued-army-accept-voluntary-retirement/ (accessed com/2018/05/04/over-2000-ivorian-troops-from-mutiny- retirement”, 4May 2018, https://africa.cgtn. from mutiny-plagued army acceptvoluntary of Children and Youth, Abidjan, 14September2018. Human Rights, Directorate for theJudicialProtection Human RightsandLabor: Washington DC), p.3. (Bureau2015 HumanRightsReport ofDemocracy, 384 383 382 Ibid. 381 Ibid. 380 Ibid. 379 Ibid. 378 Ibid. 377 376 Ibid. 394 393 392 391 Ibid. 390 389 388 Ibid. 387 386 385 UN HumanRightsCouncil(2017), ofthe Report withrepresentativesInterview from theHumanRights withmembersoftheIvorianInterviews Army (including UNICEF andGlobal Affairs Canada (2015), Moving ofState(2016),United StatesDepartment Senegal Human Rights Watch andPPDH(2017), “I StillSeethe Senegal’s DemographicProfle, https://www.indexmundi. The World BankInSenegal, http://www.worldbank.org/ African Development Bank(2018), “Senegal Economic The World BankInSenegal, http://www.worldbank.org/ ‘Le MédiateurdelaRépubliquelanceleprojet ‘Enfants building andtechnicalcooperationwithCôted’Ivoire in ontheenhancementofcapacity- Independent Expert 2018. Commission ofCoted’Ivoire, Abidjan, 10September deployment onmission), Adzopé, 13September2018. a Legal Advisor andCommanderswithexperienceof 2018), p.3. CP_system_case_study.pdf (accessed15November 2015, https://www.unicef.org/protection/fles/Senegal_ change for children andfamiliesinSenegal, November from achildprotection andplantoreal strategy Human RightsandLabor: Washington DC), p.14. (Bureau2016 HumanRightsReport ofDemocracy, pdf, p.8. org/sites/default/fles/report_pdf/senegal0717_web_1. Talibé Children inSenegalFallsShort, https://www.hrw. Talibés Begging”: Government Programme toProtect July 2018). com/senegal/demographics_profle.html, (accessed27 (accessed30July 2018). en/country/senegal/overview May 2019). africa/senegal/senegal-economic-outlook/, (accessed13 Outlook”, https://www.afdb.org/en/countries/west- (accessed30July 2018) en/country/senegal/overview (accessed30July 2018) index.php?q=article&id=61 Ambassadeurs’ http://www.mediateur-republique.ci/ the feldofhumanrights(A/HRC/35/43), p.15. NOTES 151 SAVE THE CHILDREN SAVE , http://www. , (Québec: IBCR), p. 7. p. IBCR), (Québec: (Québec: IBCR), p. 7. p. IBCR), (Québec: Press Release, 29 February 2016, https://www. 29 February 2016, Release, Press childsrights.org/en/news/press-release/79-release/1051- (accessed 24 senegal-training-in-juvenile-justice, 2018). November enfants 2019. 6 September 2018. Dakar, Juristes Sénégalaises (AJS), 2019. April 2019. Les Fondamentaux Justice Juvénile: dei-belgique.be/IMG/pdf/2016_justice-juvenile-les- pp.491- 2019), (accessed 15 March fondamentaux.pdf 492. 6 September 2018. Dakar, Juristes Sénégalaises (AJS), Concluding observations to ffth on the combined third p.22. CRC/C/SEN/CO/3, of Senegal, periodic reports pratique des forces de sécurité en matière de droits des de sécurité de droits des forces en matière pratique enfants 2019. period a minimum of 2014 prescribes Act No.28 service community legal practising by of recurring as a enrolment practitioners upon which continued legal practitioner is dependent. 2019. de la législation sénégalaise pertinenteInventaire a la des de sécurité de droits des forces en matière pratique Ibrahima Cisse, “Senegal – Training in Juvenile Justice”, Justice”, in Juvenile Training “Senegal – Ibrahima Cisse, (2017), Torture Against United Nations Committee Interview, President, Children’s Tribunal, Dakar, 25 April 25 Dakar, Tribunal, Children’s President, Interview, Association des from Interviewwith representatives April 25 Dakar, Tribunal, Children’s President, Interview, 24 Fatick, Court prosecutor, Interviewwith Children’s de l’Enfant (2016), Institut International des Droits Association des from Interview with representatives UN Committee on the Rights of the Child (2016), Interview, President, Children’s Tribunal, Dakar, 25 April April 25 Dakar, Tribunal, Children’s President, Interview, the Legal Practice Section 29 of Africa, In South April 25 Dakar, Tribunal, Children’s President, Interview, (2012), des Enfants International des Droits Bureau 429 Ibid. 430 431 419 420 Ibid. 421 Ibid. 422 Ibid. 423 424 425 426 427 428 413 414 Ibid. 415 416 417 Ibid. 418 Moving Moving , November 2015, https:// 2015, November , Ibid, p.4. Ibid, 397 (Québec: IBCR), pp.6-7. IBCR), (Québec: (Quebec: IBCR), p.6. IBCR), (Quebec: to questionnaire, Dakar, 28 September 2018. 28 September Dakar, to questionnaire, de la législation sénégalaise pertinenteInventaire a la April 2019. April 2019. de la législation sénégalaise pertinenteInventaire a la des de sécurité de droits des forces en matière pratique enfants des Associations et ONG en faveur de l’ Enfance Associations et ONG en faveur des Written 5 September 2018; Dakar, (CONAFE), to Tostan from representatives by provided reply 2018. 28 September Dakar, questionnaire, Directorate, Ministry of Good Governance and Child Ministry of Good Governance Directorate, 5 September 2018. Dakar, Protection, de la législation sénégalaise pertinenteInventaire a la des de sécurité de droits des forces en matière pratique enfants des Associations et ONG en faveur de l’ Enfance Associations et ONG en faveur des 5 September 2018. Dakar, (CONAFE), Humains (PPDH), des Droits et la Protection Promotion 2018. 7 September Dakar, case_study.pdf (accessed 15 November 2018), p.6. 2018), 15 November (accessed case_study.pdf and Child Ministry of Good Governance Directorate, 5 September 2018. Dakar, Protection, Nationale des Associations et ONG en faveur de l’ Associations et ONG en faveur Nationale des April 2019. 23 Dakar, Enfance (CONAFE), change and plan to real for strategy a child from protection in Senegal children and families fles/Senegal_CP_system_ www.unicef.org/protection/ Directorate, Ministry of Good Governance and Child Ministry of Good Governance Directorate, 2018. 5 September Dakar, Protection, Bureau International des Droits des Enfants (2012), des Enfants (2012), International des Droits Bureau Tostan from representatives by provided Written reply des Enfants (2012), International des Droits Bureau Interview with representative from Child Protection Child Protection from Interviewwith representative (2012), des Enfants International des Droits Bureau Coalition Nationale from Interviewwith representative 24 Fatick, Court prosecutor, Interview with Children’s Ibid, pp.10-12. Ibid, Child Protection from Interviewwith representative Coalition Nationale from Interviewwith representative pour la Plateforme from Interviewwith representative Ibid, p.4. Ibid, p.5. Ibid, Child Protection from Interview with representative Coalition from Interview with representatives Affairs Canada (2015), UNICEF and Global 412 410 411 408 409 406 407 404 405 402 403 400 401 396 398 399 395 Ibid. 152 MAPPING OF CHILD PROTECTION ACCOUNTABILITY MECHANISMS IN ARMED CONFLICT IN AFRICA SAVE THECHILDREN 437 436 435 434 433 432 444 443 442 441 440 439 438 Institut InternationaldesDroits del’Enfant(2016), There are only limitedprovisions inrelation to withrepresentativeInterview from Plateforme pourla withrepresentativesInterview from Association des withChildren’sInterview prosecutor, Court Fatick, 24 withrepresentativesInterview from Association des Conduct inUNFieldMissions, SexualExploitationand withPoliceInterview Commanderinchargeof ofPeacekeepingUN Department Operations(DPKO), withChildren’sInterview prosecutor, Court Fatick, 24 withChildren’sInterview prosecutor, Court Fatick, 24 withChildren’sInterview prosecutor, Court Fatick, 24 Ibid, p.488. fondamentaux.pdf (accessed15March 2019), p.487. dei-belgique.be/IMG/pdf/2016_justice-juvenile-les- Justice Juvénile: LesFondamentaux, and RelatedPracticestoProtect Victims. Senegal’s 2005Law toCombat Traffcking inPersons Dakar, 7September2018. Promotion etlaProtection desDroits Humains(PPDH), September 2018. representatives from Tostan to questionnaire, Dakar, 28 Dakar, 7September2018; Written reply provided by Promotion etlaProtection desDroits Humains(PPDH), withrepresentativeInterview from Plateforme pourla Juristes Sénégalaises(AJS), Dakar, 6September2018; Dakar, 25 April 2019. April 2019; Interview, President, Children’s Tribunal, Juristes Sénégalaises(AJS), Dakar, 6September2018. March 2017, pp.26-27. duein2016:of StatesParties Senegal, CAT/C/SEN/4, 16 optional reporting procedure: Periodic Fourth Reports under 19oftheConventionArticle pursuanttothe submittedby StatesParties Consideration ofReports operations andtraining, Dakar, 24 April 2019. July 2018) (accessed30 of_military_and_police_contributions.pdf https://peacekeeping.un.org/sites/default/fles/ranking_ Summary of Troop byranking, Countries Contributing Droits Humains(PPDH), Dakar, 23 April 2019. Plateforme pourlaPromotion etlaProtection des 23 April 2019; withrepresentative Interview from from Association desJuristesSénégalaises(AJS), Dakar, Dakar, 25 April 2019; withrepresentatives Interview April 2019; Interview, President, Children’s Tribunal, April 2019. Dakar, 25 April 2019. April 2019; Interview, President, Children’s Tribunal, http://www.

451 450 Ibid. 449 448 447 446 Ibid. 445 Ibid. 466 465 464 Ibid. 463 462 Ibid. 461 460 Ibid. 459 458 Ibid. 457 Ibid. 456 455 454 Ibid. 453 Ibid. 452 Interview withrepresentativeInterview from CoalitionNationale withPoliceInterview Commanderinchargeof informationFor aboutIPPOS, further please withPoliceInterview Commanderinchargeof Interview withrepresentativesInterview from of Department Interview, ChildProtection Focal Point, Armed Forces, withrepresentativesInterview from of Department withrepresentativesInterview from thePrevention Interview, ChildProtection Focal Point, Armed Forces, Interview, Programme Coordinator –ChildProtection, This includestherevised UNMoU(2007), whichplaces withPoliceInterview Commanderinchargeof (CONAFE), Dakar, 5September2018; with Interview des Associations etONGenfaveur del’Enfance operations andtraining, Dakar, 24 April 2019. organization/248126.pdf (accessed17May 2019). see https://20092017.state.gov/documents/ operations andtraining, Dakar, 24 April 2019. org/table-of-allegations (15September2018). Abuse, Table of Allegations, https://conduct.unmissions. Dakar, 26 April 2019. Social Welfare, Armed Forces, Dakar, 26 April 2019. Sécurité des Armées), Dakar, 5September2018. Forces Armées -Direction delaPrévention etdela and SecurityDirectorate, Armed Forces (Ministère des Dakar, 26 April 2019. April 2019. West andCentral Africa, Save theChildren, Dakar, 24 commanders. responsibility for contingentbehaviour oncontingent operations andtraining, Dakar, 24 April 2019. September 2018. representatives from PlanInternational, Dakar, 4 NOTES 153 SAVE THE CHILDREN SAVE ), Dakar, 25 April 2019. 25 Dakar, ), Brigade Prévôtale representatives from Tostan to questionnaire, Dakar, Dakar, to questionnaire, Tostan from representatives from Interview with representative 28 September 2018; Associations et ONG en faveur Coalition Nationale des 5 September 2018. Dakar, de l’ Enfance (CONAFE), Humains (PPDH), des Droits et la Protection Promotion 2018 7 September Dakar, ( https://lifos.migrationsverket.se/ to Justice in Senegal”, (accessed dokument?documentAttachmentId=42091 from Interview with representative p.5; 2018), 30 July ONG en faveur Associations et Coalition Nationale des 5 September 2018. Dakar, de l’ Enfance (CONAFE), https://lifos.migrationsverket.se/ to Justice in Senegal”, (accessed 30 dokument?documentAttachmentId=42091 p.5. 2018), July 6 September 2018; Dakar, Juristes Sénégalaises (AJS), pour la Plateforme from Interviewwith representative Humains (PPDH), des Droits et la Protection Promotion by provided Written reply 2018; 7 September Dakar, Interview with representative from Plateforme pour la Plateforme from Interviewwith representative Child Rights International Network (2014), “Access (2014), Network Child Rights International “Access (2014), Child Rights International Network Association des from Interview with representatives 481 477 478 479 Ibid. 480 ), Dakar, 25 April 2019. 25 Dakar, ), Brigade Prévôtale com/actualites/commandant-mamadou-birane-wane- au-senegal-le-tribunal-militaire-nexiste-pas_163588. 2018) html (accessed 30 July tribunal militaire n’existe pas»’, https://www.senenews. pas»’, n’existe tribunal militaire des Forces Armées- Direction de la Prévention et de de la Prévention Armées- Direction des Forces 5 September 2018; Dakar, Armées), la Sécurité des Unit the Provost from Interview with representatives April 2019. 25 Dakar, (Brigade Prévôtale), ( Dakar, 26 April 2019. 26 Dakar, April 2019. 26 Dakar, Forces, Armed Welfare, Social (Ministère Forces Armed and Security Directorate, Social Welfare, Armed Forces, Dakar, 26 April 2019. April 26 Dakar, Armed Forces, Welfare, Social ‘Commandant Mamadou Birane Wane: «Au Sénégal, le Sénégal, «Au Wane: ‘Commandant Mamadou Birane Unit the Provost from Interviewwith representatives Interview, Child Protection Focal Point, Armed Forces, Armed Forces, Point, Focal Protection Child Interview, Department of from Interview with representatives the Prevention from Interview with representatives Unit the Provost from Interview with representatives 475 Ibid. 476 471 Ibid. 472 Ibid. 473 Ibid. 474 470 467 468 469 154 SAVE THE CHILDREN

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