2011 NO.1 6 July 2011 SECURITY COUNCIL REPORT This report is available online and can be viewed together with Monthly Forecast Reports and Update Reports at cross-cuttinG REPORT www.securitycouncilreport.org A child with his AK-47 assault rifle taking part in Mai Mai military training in the Democratic Republic of the Congo Children and Armed Conflict Since 2007 Security Council Report has been tracking the implementation of Security Council thematic decisions on children and armed conflict in individual country-specific situations and publishing the results of this research in “cross-cutting” reports. In general, the research shows that there has been an upward trend in the incorporation of children and armed conflict issues into the country-specific work of the council although there are some areas where implementation of key resolutions on children and armed conflict is weak. This is our fourth Cross-Cutting Report on Children and Armed Conflict and we continue to detail key trends over the past year and to suggest options for improving Council and Working Group decision making on this issue. This report builds on the previous reports released in 2008, 2009 and 2010. 1 TABLE OF CONTENts 1. Summary and Our 2008 report also provided a base- 1. Summary and Conclusions .....2 Conclusions line for the second and third reports 2. Background and Normative published in April 2009 and June 2010. Framework ................................4 2010 was a year of consolidation and These two reports built on the historical 3. Key Developments at the implementation of earlier Council deci- background of the issue and analysed Thematic Level ..........................4 sions on children and armed conflict. data for 2008 and 2009. They also 3.1 Security Council Activity on 2009 had been a high-profile year for highlighted key trends and options for Children and Armed Conflict this issue with the Council adopting a the Council and the Working Group on in 2010 .........................................4 presidential statement and a resolution Children and Armed Conflict over 3.2 Office of the Special that expanded the scope for inclusion those years. Representative of the in the Secretary-General’s reports for Continuing with this series of reports, Secretary-General for parties to conflict that commit violations the 2011 Cross-Cutting Report on Chil- Children and Armed against children. There had been dren and Armed Conflict now provides Conflict ............................................6 intense activity around the adoption of data on and analysis of trends in 2010. 3.3 Application of International resolution 1882 on 4 August 2009 which Norms/Laws in 2010 ...................7 opened up the criteria for listing of the Among the main findings are: 3.4 Treaties and International parties in the annexes to the Secretary- n Incorporating children and armed Agreements and Conventions ...8 General’s report to include killing and conflict issues into the country- 4. Analysis of Council Action in maiming and rape and sexual violence specific work of the Council continued Specific Cases ..........................8 against children. By contrast, in 2010 the upward trend in 2010. There was 4.1 Working Group on Children there was little appetite for another res- an increase in the number and quality and Armed Conflict .....................8 olution or a further expansion of the of substantive references to children 4.2 Cross-Cutting Analysis ..............12 criteria for listing. Rather, the Council in resolutions as well as in Secretary- 4.3 Reports of Security Council appeared content to leave its Working General’s reports. However, presidential Visiting Missions .......................20 Group on Children and Armed Conflict statements remained at the same 4.4 Progress on Dialogue, Action space for implementation and the level. The most substantial references Plans, DDR, Convictions and Working Group became the main driver to child protection tend to arise from National Legislation ..................21 on the issue during the year. situations that are or have been on 4.5 Issues Involving the Secretary-General’s annexes. This is Security Council Report’s fourth Peacekeeping ...........................22 n The conclusions of the Working Cross-Cutting Report on Children and 4.6 Developments in the Area of Group are still not being consistently Armed Conflict. The first report in 2008 Sanctions ..................................22 addressed in resolutions, presidential examined relevant data from 2003 5. Case Studies ...........................23 statements or Secretary-General’s to 2007 in resolutions, presidential 5.1 The DRC: Are Sanctions a reports as a standard practice. In statements, Council missions, Secretary- Promising Option? ....................23 fact, in some situations the refer- General’s reports, peace agreements 5.2 Afghanistan: A Case of “Name ences seem to be consciously and peacekeeping mandates and tried and Shame” Working .................26 omitted. This appeared to be the to assess the degree to which the 6. Council Dynamics ..................28 case with Afghanistan. thematic issue of children and armed 7. Possible Future Options ....... 29 n There is an increase in the number of conflict had been addressed and 8. UN Documents ....................... 30 Secretary-General’s reports contain- reflected in the mainstream of the 9. Useful Additional Sources .....37 ing child protection sections. But the Council’s overall work on country- 10. Annexes ...................................37 substance of these sections tends to specific situations. That report also 10.1 Methods of Research ................37 focus only on recruitment of children. examined the impact of the 2005 10.2 Background Information ............37 Information on sexual violence and adoption of resolution 1612, which killing and maiming is less common. set up a monitoring and reporting This may change with further devel- mechanism and established the opment of the monitoring and Security Council Working Group on reporting structures for killing and Children and Armed Conflict. maiming and sexual violence. 2 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org SECURITY COUNCIL REPORT cross-cuttinG REPORT n There are notably better linkages evidence that groups have responded situations and the date of adoption between the Council’s children and to the two new triggers— sexual of its Conclusions. armed conflict agenda and its violence and killing and maiming— n The rotation of the chair of the Work- sanctions committees following by signing action plans. ing Group every two years to an resolution 1882 of August 2009 and n While there has been some success elected member appears to have the 2010 presidential statement getting governments to sign action evolved into a practice and the Work- which called for improved communi- plans to release children and stop ing Group seems to have matured to cations between the Working Group, violations, there has been very little a point where changes such as the the Special Representative for chil- impact on certain non-state actors, rotation of the chairman and mem- dren and armed conflict and the particularly groups like the Lord’s bers do not appear to fundamentally sanctions committees. Resistance Army (LRA) and Al- affect its ability to function. n There are indications that the Shabaab where no contact has n There are some signs that the Work- Council is more aware of the need been possible. ing Group is becoming entrenched in for child protection to continue into n The role of the Special Representa- its ways and possibly risks losing post-conflict situations. The Council’s tive for Children and Armed Conflict some of its previous flexibility and focus on the overlap between has grown over the last four years adaptability. The formal meetings conflict prevention, peacekeeping with her field missions now serving tend to follow a relatively rigid format and peacebuilding may have led to multiple purposes, including dis- which may not always encourage a greater understanding of the con- semination of the Working Group’s members’ active participation. The tinuing needs of children adversely recommendations. informal meetings, however, continue affected during conflict as well as the to be effective and allow for greater Observations on the Working Group on need to include children’s needs in interaction and discussion. Children and Armed Conflict: any conflict prevention strategy. n With the development of the Working n The Working Group showed renewed n In its resolutions on children, the Group into a mature subsidiary innovation in its working methods in Council has begun to pay more atten- body and given its workload, a more 2010. For the first time, members of tion to the need to protect women long-term solution for administrative the Working Group went on a visit and girls. While sexual violence is a and substantive support may need to a situation on its work agenda key issue in the protection of children, to be found. and reacted to violations against the Council tends to see this issue n If the Working Group is to continue children in real time, through a press through the “women” lens which may using field missions as a means of statement. It also recommended a over time result in the specific needs pressuring parties on the Secretary- regional strategy for monitoring and of children affected by sexual violence General’s annexes, it will need to reporting on the LRA. being side-lined. work out a regular means of financing n However, the Working Group contin- n The focus in 2010 on the issue of for these trips. Self-funding has ues to be hesitant about stronger women, peace and security and meant that very few members have recommendations such as targeted sexual violence may have contrib- been able to go on the trips. sanctions and specific time-lines uted to the decision that the issue of n A growing problem is the logistics of that might put pressure on persistent children and armed conflict should holding both the informal and formal perpetrators.