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Mapping of Child Protection Accountability Mechanisms in Armed Conflict in Africa

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1 LIST OF ACRONYMS 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 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. © Save the Children International August 2019 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 efficacy 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 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 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 Office 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
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