HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE WITH SPECIAL REPRESENTATIVE ON CHILDREN AND ARMED CONFLICT

The Human Rights Council this morning held an interactive dialogue with the Special Representative of the Secretary-General on children and armed conflict, Radhika Coomaraswamy. It also heard statements by the Minister for Foreign Affairs of Myanmar and the Minister of Justice and Human Rights of the Democratic Republic of the Congo.

In concluding remarks, Ms. Coomaraswamy said that her report had urged that States, in dealing with children and the justice system, divert them away from the judicial processes and towards other forms of accountability such as reconciliation. Concerning work with other mechanisms, the Special Representative worked closely with other fields and regarding impunity for grave violations against children, this would be a key priority for the office this year. The Special Representative thanked Member States for their overwhelming support for this mandate across regions and noted that the interests of children had always trumped politics in this chamber.

Ms. Coomaraswamy presented her annual report to the Council on Monday, 12 September and a summary of her presentation can be found in press release HRC/11/105.

In the interactive dialogue, speakers said exactly two months ago the Security Council had adopted resolution 1998 that expanded the triggers for listing parties to the conflict to attacks on schools and hospitals. They asked the Special Representative what steps needed to be taken to effectively implement resolution 1998? States noted that children suffering from their involvement in armed conflict were also involved in judicial processes as witnesses or accused. These children, as the result of their vulnerability, should be considered victims and should be protected, as noted by the Special Representative. Speakers noted that while over 10,000 children had been demobilized in the past year and new plans of actions had been signed, much remained to be done. The number of children in armed conflict remained alarming. Speakers remained concerned about the growing trend of attacks against schools and hospitals, which denied fundamental rights of children and limited future opportunities. States bore immediate responsibility towards the protection of children and should comply with international law concerning the protection of children within their territory, through national legislation.

Speaking in the interactive dialogue were the European Union, Uruguay, Greece, Italy, Algeria, China, Austria, France, Russia, Egypt on behalf of the Arab Group, Indonesia, Senegal on behalf of the African Group, Israel, Djibouti, Azerbaijan, Norway, Ecuador, Pakistan on behalf of the Organization of the Islamic Conference, United States, Bolivarian Republic of Venezuela, Mexico, Germany, Portugal, Republic of Korea, Syria, Afghanistan, India, Australia, Cuba, New Zealand, Thailand, Switzerland, Georgia, Croatia, Morocco, Brazil, Costa Rica, Egypt, Chad, the United Nations Children’s Fund, Iran, Sri Lanka, Sudan, Belgium, Armenia, Palestine, Romania, Philippines, Viet Nam, and the United Arab Emirates.

The following non-governmental organizations also took the floor: Save the Children, Colombian Commission of Jurists, speaking also on behalf of the World Organization against Torture, Defense for Children International and the International Muslim Women Union.

Also this morning, U Wunna Maung Lwin, Union Minister for Foreign Affairs of Myanmar, addressed the Council. He said that the priorities of the new Government included achieving good governance, clean government, and fundamental rights for citizens, instituting the rule of law, transparency and accountability, fighting corruption, reducing income disparity, creating a harmonious society, economic reform and environmental conservation. The Government had launched a series of economic, social and policy reforms to improve the socio-economic life of the people.
Myanmar had also been working closely with the United Nations and the international community in the promotion and protection of the human rights of its people.

Luzolo Bambi Lessa, Minister of Justice and Human Rights of the Democratic Republic of the Congo, also addressed the Council, saying that recommendations offered by the Universal Periodic Review and periodic reports to the treaty bodies to the Democratic Republic of the Congo had been implemented. In February 2012, the Democratic Republic of the Congo would appear before the Committee on the Rights of the Child. Concerning the elections expected for November 2011, the Government wanted to reassure the international community that measures had been taken to ensure that elections took place democratically and transparently, under the supervision of an independent electoral commission.

The Council today is holding back-to-back meetings from 9 a.m. to 6 p.m. During the midday meeting, the Council will hold a clustered interactive dialogue with the Independent Expert on human rights and international solidarity, and the Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination.

Statements by High-Level Dignitaries

U WUNNA MAUNG LWIN, Union Minister for Foreign Affairs of Myanmar, said that the Government of Myanmar attached the highest importance to the Human Rights Council. The priorities of the new Government included achieving good governance, clean government, and fundamental rights for citizens, instituting the rule of law, transparency and accountability, fighting corruption, reducing income disparity, creating a harmonious society, economic reform and environmental conservation. The Government had launched a series of economic, social and policy reforms to improve the socio-economic life of the people. The National Rural Development and Poverty Reduction Plan that was recently implemented would reduce the current poverty rate from 26 per cent to 16 per cent by the year 2014-15 in order to meet the Millennium Development Goals by 2015. With the aim of energizing the country’s export trade, the commercial tax on export goods was recently reduced from 8 to 2 per cent and all agricultural and timer export products were now tax-exempt to boost trade.

Myanmar had also been working closely with the United Nations and the international community in the promotion and protection of the human rights of its people. The Labour Organization’s Bill, drafted with the assistance of the International Labour Organization, was approved by the House of Nationalities on 29 August 2011. The bill was now under submission to the Union Parliament for its adoption. Myanmar was reviewed by the Human Rights Council’s Universal Periodic Review Working Group last January. During the Working Group session, 57 countries contributed 190 recommendations on the human rights situation in the country; 74 enjoyed the Government’s instant acceptance while 46 recommendations were brought back to capital for further consideration and 70 had not received the Government’s support. Myanmar agreed to accept four additional recommendations out of the 46 recommendations following their consideration at the Capital while the remaining 42 recommendations received either a partial acceptance or no acceptance at all due to their intrusive language or the ambiguous nature of the recommendations. The Universal Periodic Review process was the most dependable and uncontroversial monitoring mechanism to address and ratify the human rights situation of all countries and country-specific mandates and resolutions were no longer desired or required in the Council.

Myanmar established the National Human Rights Commission on 5 September 2011 and it was composed of independent experts from all strata of life. The Commission would investigate complaints and the findings would be transmitted to the concerned authorities for redress. The President of Myanmar had issued an amnesty order on 16 May 2011 commuting death sentences to life imprisonment and reducing other prison terms by one year. As a result, approximately 20,000 inmates from prisons and labour camps were released at the end of July 2011. The International Committee of the Red Cross was permitted access to prisons with a view to upgrading water and sanitation facilities. The Special Rapporteur on the situation of human rights in Myanmar, Mr. Quintana visited the country in August, his fourth visit, at the invitation of the Government. Concerning national reconsolidation, the President of Myanmar clearly stated that those who truly wished to serve the interest of the State should do so by participating in the political process and contesting elections in accordance with the Constitution. Mr. Lwin stressed that the Parliament was the only appropriate venue to discuss the future of the nation and noted that the President had met with Daw Aung San Suu Kyi in August where they discussed how to find potential common ground for cooperation in the interest of the nation and the people.

LUZOLO BAMBI LESSA, Minister of Justice and Human Rights of the Democratic Republic of the Congo, referred to the Government’s efforts after March 2011 to improve the human rights situation in the Democratic Republic of Congo and particular aspects of transitional justice. The Government was concerned about the inclusion of the human rights situation in the Democratic Republic of the Congo in complaint procedure under closed session, given that a public procedure was already in place. In fact the Council was already seized of the matter after its resolution of 25 March 2011, a referral that dated back to the Human Rights Commission. It had been common practice that States which were object of a public review procedure could not be subject of a confidential procedure. During the nineteenth session of the Council, the Government would report to the Council and these issues would be addressed. The Government of the Republic of the Congo affirmed its excellent cooperation with the Special Procedures of the Council in relevant issues. From 24 July to 5 August 2011, the Democratic Republic of the Congo had welcomed the Independent Expert on the effects of foreign debt. The international community was invited to support in the reforms already underway, including the work of the liaison office on human rights and the implementation of the plan of action on recommendations concerning human rights, on which the Government would report to the Council in March 2012; and reminded relevant partners of the need for support for the successful implementation of this plan of action.

The Minister said that recommendations offered by the Universal Periodic Review and periodic reports to the treaty bodies to the Democratic Republic of the Congo had been implemented. In February 2012, the Democratic Republic of the Congo would appear before the Committee on the Rights of the Child. Concerning the elections expected for November 2011, the Government wanted to reassure the international community that measures had been taken to ensure that elections took place democratically and transparently, under the supervision of an independent electoral commission. The Government continued to improve the space for fundamental freedoms and reinforced the human rights protection machinery. Work was taking place on the management on civil society organizations to ensure freedom of association. As far as the institution of the national commission of human rights, a bill had been adopted by the senate and would be reviewed by a joint committee to ensure it was in line with the Paris Principles.

Concerning war crimes there were two main factors motivating governmental efforts. Since 1 July 2003 the concern with transitional justice had been included in the Government’s view. This required the strengthening of the criminal justice system by the inclusion and ratification of international criminal jurisprudence, the opening of thinking on management of victims, particularly the question of the General Commissioner for displaced persons, and the Ministry for Social and Humanitarian Affairs. In 2007 the Government was able to merge the Ministries of Justice and Human Rights. The mapping project report of the Office of the High Commissioner for Human Rights received a favourable welcome by the country, however if part of the idea included the establishment of specialized courts, this was something in which the Government continued to work on and it had not been considered yet by parliamentary procedures. The Government was tackling this issue but needed more than it had.

Interactive Dialogue with Special Representative of the Secretary-General on Children and Armed Conflict

NICOLE RECKINGER, (European Union) said the European Union commended the work of the Special Representative. Exactly two months ago the Security Council adopted resolution 1998 that expanded the triggers for listing parties to the conflict to attacks on schools and hospitals. What steps needed to be taken to effectively implement resolution 1998? Children and justice during and in the aftermath of armed conflict was the main topic of the report. The European Union strongly supported the assessment of the importance of protecting children. Children who committed international crimes should be viewed as victims not perpetrators.

LUCIA TRUCILLO (Uruguay) noted the comment by the Special Representative for Children and Armed Conflict that States should take immediate and decisive action against those who recruited children into armed conflict. Uruguay stressed the need to ratify the International Labour Organization’s Treaty 182 and said there was a need to strengthen legislation on post conflict resolution with relation to the protection of children and for the rehabilitation of children who were victims of war crimes. The 2010 document on internally displaced children revealed that there were grey areas which required further action. Uruguay paid tribute to the work of the United Nation’s Children’s Fund for the broad range of guidelines it had produced for field operations, notably on ending sexual violence against children.

EUGENIA BENIATOGLOU (Greece) said Greece supported the appeal of the Special Representative of the Secretary-General on children and armed conflict to all States to sign and ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. Greece signed the Optional Protocol in 2000 and ratified it in 2002. The Greek Constitution established the obligation of the State to protect children and provided the basis for the adoption and implementation of protection measures. Enlistment in the armed forces in Greece was mandatory but the law required that only draftees in their nineteenth year were called, and young people who wished to fulfil their military obligations or a military career could do so only after they turned 18. Existing national law left no space for instances of violations of the protection measures for children, as provided by the Optional Protocol. Furthermore, services to respond to the needs of children confronted with problems were provided by the Ministry of Health and Social Welfare.

ROBERTO NOCELLA (Italy) said that violations of children’s rights during armed conflicts were multidimensional and multifaceted. On the protection of schools and hospitals, in particular, Italy invited the Special Representative to further elaborate on the suggested concerted action in the form of a global campaign or partnership. Italy fully endorsed the call of the Special Representative towards the universal ratification of the Optional Protocol to the Convention on the Rights of the Child in the involvement of children in armed conflicts, as well as the global campaign ‘Zero under 18’ for the establishment of a minimum age for the voluntary recruitment into the armed forces.

SALMA HENDEL (Algeria) said that the report of the Special Representative was useful and shed light on the nature of the threats posed and provided valuable recommendations. Algeria was part of a continent particularly affected and was therefore concerned by the involvement of children in armed conflict. Children suffering from their involvement in armed conflict were also involved in judicial processes as witnesses or accused. These children, as the result of their vulnerability, should be considered victims and should be protected. Another question of concern was that of attacks against schools and hospitals which not only targeted civilian populations but prevented children from enjoying their fundamental rights. Algeria endorsed the recommendation of the Special Representative to include the issue in the Universal Periodic Review and thus placed the issue of children and armed conflict at the centre of the work of the Council.

REN XJAOXIA (China) said China welcomed the report of the Special Representative of the Secretary-General and appreciated her visits to conflict areas. China hoped that the Special Representative would continue her visits. The targeting of medical facilities had a negative effect on children. China gave special consideration to the issue of children in armed conflict, and urged the international community to tackle the root causes and reduce armed conflict in a timely manner. China supported the relevant United Nations bodies dealing with this issue.

GEROLD VOLLMER (Austria) said the Special Representative of the Secretary-General had reported on the difficulties of dealing with children who might, depending on their age and maturity, both be victims and perpetrators and asked to what extent did the Special Representative see the necessity for legal reform, by, for example, addressing the minimal age of criminal responsibility, which in many countries was inadequately low? Were the fundamental aims of juvenile justice as embodied in international human rights law respected by States? Austria asked the Special Representative to inform the Council about the progress in implementing the Security Council Resolution 1882 on the ground.

CAPUCINE MAUS DE ROLLEY (France) noted that progress had been achieved but while over 10,000 children had been demobilized in the past year and new plans of actions had been signed, much remained to be done. The number of children in armed conflict remained alarming. France would continue to support the campaign initiated by the Special Representative supporting the signing of the Optional Protocol. France underlined the adoption, on 12 July, of Security Council resolution 1998 which constituted new progress after the adoption in 2009 of resolution 1882. Persistent violations must be sanctioned. The need of reintegrating children into societies was also important. France had implemented since 2008 a multi-year project to improve the protection of children in armed conflict and facilitate their reintegration to society in Eastern and Central Africa and the Great Lakes regions. France asked the Special Representative about the best way to protect children in the context of judicial processes.

VLADIMIR ZHEGLOV (Russia) said that the United Nations work concerning children must take place within the framework of national efforts and must take place strictly within existing mandates and must not have a selective approach. The priority must be given to the acute situations, in Libya for example where children must be rehabilitated. In October 2010 Russia had presented its initial report to the Committee on the Rights of the Child on its Optional Protocol on children and armed conflict. The Russian Federation had also taken measures for the protection of children against all forms of violence.

HIBA MOSTAFA RIZK (Egypt), speaking on behalf of the Arab Group, said that a number of countries faced challenges in the fields of the rights of the child as a result of armed conflicts including in many Arab countries. The right to education and health for children in armed conflict were important and the Arab Group noted how the deprivation of such rights impacted whole generations. The Arab Group noted that in the Occupied Palestinian Territories, under the illegal siege of Gaza, children were surrounded by a wall and with Israeli military assaults on hospitals and schools; these all had a negative impact in children. The Arab Group requested that the forthcoming report would deal with children in prolonged foreign occupation, a case in point being the plight of Palestinian children in the Occupied Territories. The Arab Group reiterated its call on the Special Representative to pay particular attention in future reports to the violation of the rights of children under foreign occupation. The Arab Group asked for further elaboration on the utility of resorting to non-judicial mechanism to establish accountability, reconciliation and reparation, taking due regard to the principle of the best interest of the child.

DICKY KOMAR (Indonesia) said that while it was heartening to learn about progress made in the area of children and armed conflict, there was a need to intensify efforts to free children from armed conflict. Indonesia remained concerned about the growing trend of attacks against schools and hospitals, which denied fundamental rights of children and limited future opportunities. States bore immediate responsibility towards the protection of children and should comply with international law concerning the protection of children within their territory, through national legislation. Indonesia was in the final phase of ratification of the Optional Protocol which was prioritized in the 2011-2014 national plan for human rights. Domestic law on human rights specified that children had the right not to be involved in events of war, armed conflict, social unrest, and other events involving violence; furthermore, the recruitment and equipping of children for military purposes or violent activities was criminalized. The international community had the responsibility to assist countries of concern to address the underlying factors of this issue.

FODE SECK (Senegal), speaking on behalf of the African Group, said that the mandate of the Special Representative of the Secretary-General on children and armed conflict was of particular importance because children comprised the majority of the African populations, and because Africa was the scene of a large number of armed conflicts. This situation was made more dramatic by wars which were characterized by the total ignorance of the parties, especially armed groups, with the rules of international instruments protecting children. Despite efforts to demobilize children involved in armed conflicts, thanks to the work carried out by the United Nations and its partners, conflicts persisted and the situation of children remained of concern. It was urgent for the international community in general, and the Human Rights Council in particular, to take an integrated and comprehensive approach to end this problem. The African Group said that those responsible for violations must be unmasked and prosecuted and asked if the Special Representative could explain what added value the new Optional Protocol to the Convention on the Rights of the Child on establishing a communication procedure would have concerning children in armed conflict.

DANIEL MERON (Israel) said Israel gave great importance to protecting children in armed conflict and was party to the Convention on the Rights of the Child as well as its Optional Protocol on armed conflict. Israel was encouraged by the progress that had been made on this issue as thousands of children conscripted into armed groups were released in conflict zones around the world. However, States should do more to address the political, social and economic factors that facilitated the recruitment and use of children as well as better respond to the rehabilitation and reintegration needs of former child soldiers. Israel said that in the Middle East and beyond, Hamas and other terrorist organizations continued to recruit and use children for terror purposes such as suicide bombers and human shields. During the last 10 years, there had been no peace for Israeli civilians, including children. Terrorists had indiscriminately fired thousands of Qassam rockets, mortar and missile attacks into southern Israel and committed terrorist attacks against people’s homes, schools and synagogues.

AHMED MOHAMED ABRO (Djibouti) said that Djibouti had ratified the Optional Protocol to the Convention on the Rights of the Child on children and armed conflict and encouraged other States to do so. The report of the Special Representative introduced achievements, tendencies and obstacles concerning the rights of children in armed conflict. It also stressed the work done by various actors at different levels; Djibouti supported the recommendations formulated by the report and asked the Special Representative how it would be possible to reinforce the coordination of activities related to this issue in the African region.

SAMIRA SAFAROVA (Azerbaijan) said raising awareness and collection of information was a core aspect of the mandate of the Special Representative of the Secretary-General. Azerbaijan regretted that the Special Representative’s report was silent on two incidents. On 8 March 2011, a nine-year-old boy was shot by Armenian snipers and in July 2011 a booby-trapped toy had exploded, killing a three-year-old girl and wounding her mother. Azerbaijan asked what were the mechanisms to bring perpetrators of violations on children rights in armed conflict to justice.

STIAN CHRISTENSEN (Norway) said that over the last year thousands of children associated with armed groups had been released and action plans were entered into and commitments made to halt violations and abuse. However significant challenges remained and the continued and targeted efforts and support of the international community was imperative. Schools and hospitals were too often physically damaged, closed as a result of threats or used for military purposes. There was an urgent need to increase the respect for these installations among armed groups and in this regard Norway welcomed the recently adopted United Nations resolution on the right to education in emergency situations and called for its full implementation. Norway encouraged the Special Representative to continue to explore the possibilities for cooperation with other relevant special procedure mandate holders, including with the Special Rapporteur on the right to education.

VERONICA AGUILAR (Ecuador) said yesterday they listened to the fact that children were used as human bombs and wondered how people could do this. War had no humanity.
The Special Representative’s report clarified the concept of justice and reparation and Ecuador agreed that children should be treated as victims and the focus should be on rehabilitation and reintegration. Ecuador agreed with the majority of the recommendations, however, they believed there was a need for deeper analysis of girls in armed conflict as they were three times more girl victims of violence, often sexual, and risked stigmatization of society and rejection by their own families. Ecuador called on all countries to ratify the Optional Protocols of the Convention on the Rights of the Child.

MARIAM AKTAB (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that the rights of children remained supreme and should be protected. Situations of armed conflict threatened peace and security, but also imperilled the rights of all vulnerable groups including children. The mandate of children and armed conflict had been created by the Security Council to look into such situations and ensure that the rights of children were protected even in the worst environments. All other situations were aptly covered by the Committee on the Rights of the Child and relevant United Nations agencies were taking care of their mandates. The Organization of the Islamic Conference supported the mandate of children and armed conflict. Systematic and consistent violations of the rights of children in armed conflict happened frequently in the cases of foreign occupation, where occupation forces acted with impunity against the oppressed population wherein children were the most vulnerable and the Special Representative should pay particular attention to such situations. A large number of Member States of the Organization of the Islamic Conference were party to the Optional Protocol on the involvement of children in armed conflict. The Organization of the Islamic Conference supported the call of the Special Representative for added emphasis on the subject by human rights mechanisms.

EILEEN CHAMBERLAIN DONAHOE (United States) said the United States was deeply committed to protecting children from abuse, exploitation and the suffering they endured from armed conflict. It was unacceptable that children continued to be recruited into armed forces and abducted and subjected to sexual violence. The United States was concerned by attacks on schools and hospitals, especially in Afghanistan. The United States asked what could be done to improve the situation in armed conflict for children at risk, especially girls and for children with disabilities and notably for children in the Democratic Republic of the Congo. The United States was pleased to learn that the transitional Government in Somalia was working to release children in militias. The United States urged Member States to ratify the Optional Protocol on the Convention of the Rights of the Child on children and armed conflict and to do more to protect children in armed conflict.

FELIX PENA RAMOS (Bolivarian Republic of Venezuela) said the Bolivarian Republic of Venezuela had adopted legislation which provided integral protection for its children and adolescents. In article 134 of the 1999 Constitution, Venezuela criminalized forced imprisonment of all persons. There were no armed groups in the country and the armed forces did not forcefully recruit juveniles in the army. Only persons who were 18 years or older and who voluntarily wished it were recruited into the armed forces. Venezuela had recently ratified the Optional Protocol to the Convention on the Rights of the Child on children and armed conflict.

GISELE FERNANDEZ LUDLOW (Mexico) said that despite the existing and well known legislation on human rights of children, there were 250,000 child soldiers involved in armed conflicts in over 30 countries around the world. Mexico defended the principle of bringing to justice those responsible for crimes in conflict areas. Children who took part in armed conflicts were victims of human rights violations and those recruited by armed groups were victims of sexual exploitation, violations and prostitutions. Real reconciliation required the rehabilitation of children as victims. Mexico was concerned about the increase in attacks on schools and hospitals and the use of schools as places for recruitment and training of child soldiers.

TIMO BAUER-SAVAGE (Germany) said that the focus on the growing trend of attacks on schools and hospitals was of great concern. Children should know that their schools were a safe place for them to learn and play. Germany was pleased that the Security Council had passed resolution 1998 in July 2011 which would improve the situation of children and help them keep up a normal life even when they were affected by armed conflict. Germany asked how the new trigger had affected the Special Representative’s work in the past two months. Germany would like to know when would the first Action Plans with perpetrators would be negotiated and signed to ensure that in the future children would not be harmed by the occupation of schools and attacks on the facilities and that the abduction of students and teachers would stop? Germany asked which further steps the Special Representative would consider to improve the prosecution and sanctioning of offenders, including in the framework of transitional justice.

GRAÇA ANDRESEN GUIMARAES (Portugal) said that the growing awareness of the rights of children in armed conflict was in good part due to the framework of the Security Council Working Group on children in armed conflict in which Portugal was participating. Portugal welcomed the Security Council’s resolution 19/98 98 that triggered the listing of parties in the Secretary-General’s report when they attacked schools and hospitals. Portugal was especially concerned with transitional armed conflicts. Parties such the Lord’s Resistant Army acted with complete disregard to borders. Portugal was concerned that the cross border perspective may be lost by adopting a country by country approach and asked what was the strategy to deal with this? What was being done to enhance cooperation between the Special Representative’s office and other mandate holders?

SOONCHUL KWON (Republic of Korea) said that the international community had witnessed a significant development in the field of child soldiers. Security Council resolution 1998, unanimously adopted in July 2011, expanded the criteria of listing parties to conflict in the Secretary-General’s report to include those who attacked schools and hospitals. Listing the parties involved would greatly contribute to facilitating concrete action plans to prevent such attacks. Widespread impunity of grave crimes involving children remained an issue of concern in many conflict affected areas. It was necessary to create a comprehensive approach that encompassed improving existing judicial systems and non-judicial mechanisms. Children and armed conflict was an issue where human rights and security concerns intertwined. Persuading relevant parties to protect the rights of the child was a daunting but indispensable task.

NADINE ISSA (Syria) said Syria regretted that the Special Representative’s report on children in armed conflict had not dealt with the serious violations of children’s rights by Israeli forces. Syria noted that in the Occupied Syrian Golan, Israel had imposed an Israeli culture on Syrian children and that schools in the Golan had an acute shortage of classrooms while the dissemination of landmines in the Golan had caused great damage to children. Syria urged the Special Representative to include the violation of children’s human rights in the Occupied Syrian Golan in future reports.

ZALMAI AZIZ (Afghanistan) thanked the Special Representative for travelling to Afghanistan. Anti-government insurgents had recruited children by force into their ranks and files. The growing use of children for terrorist purposes was well known to the international community. Afghanistan was committed to the action plan for the prevention of under-age recruitment signed with the Special Representative in January this year.

GLORIA GANGTE (India) said that India attached great importance to the protection of the rights of the child, as enshrined in its constitution and legal framework, ratification of the Convention of the Rights of the Child and optional protocols. India echoed the Special Representative’s recommendations that sanctions imposed on children should provide opportunities for reintegration and rehabilitation rather than punishment, and programmes of disarmament and reintegration should target the entire community and not only the combatants. India appreciated the sustained engagement with parties to conflict through the visits of the Special Representative and urged parties to conflict to promote adherence to international standards in this regard. India expressed concern about the trend of attacks against schools and hospital, as well as the use of schools as recruitment and training of child soldiers. India asked the Special Representative about measures to induce meaningful action by persistent non-state violators and action against them when required.

SALLY DAWKINS (Australia) said Australia strongly supported the work of the Human Rights Council in prioritizing and defending the rights of children affected by armed conflict. Australia shared the concern of the Special Representative that children continued to be disproportionately affected by armed conflict and had their basic rights violated. Australia was alarmed by the Special Representative’s report that children were increasingly being used as human shields and for intelligence purposes. The promotion of human rights, including the rights of children was one of the ten development objectives of the Australian Aid Programme. A key focus of the aid programme was to address the political, social and economic factors that contributed to the recruitment and use of children in armed conflict.
PABLO BERITI OLIVA (Cuba) said the protection of childhood was a priority for Cuba. In many regions, as a result of wars and armed conflicts, many children were forced to live in the streets where they were abducted, mutilated and murdered. In wars in past few years led by NATO, children had been the greatest victims with 2 million dead, 6 million wounded and 15 million forced from their homes. There were always regional problems but the greatest determinate in armed conflict and the violation of the rights of children was the unfair international order. To put an end to armed conflict the world needed a democratic and fair international system.

WENDY HINTON (New Zealand) welcomed the conclusions and recommendations of the Special Representative in her report and noted the increased collaboration between her office and the United Nations human rights system. New Zealand urged all States to focus on the particular needs of children in armed conflict situations, bearing in mind that certain children, such as children with disabilities and girl children, may faced heightened risk of vulnerability. New Zealand urged all remaining States to ratify the Optional Protocol to the Convention on the Rights of the Child on children and armed conflict and expressed concern by the growing trend of children caught up in armed conflicts but also being subjected to targeted attacks, including in schools and hospitals. Finally, New Zealand asked the Special Representative to provide details about her priorities for the next stage of her mandate.

SEK WANNAMETHEE (Thailand) attached importance to the promotion and protection of the rights of the child in all situations and it supported the Special Representative’s mandate and work to promote and protect the rights of the child. Thailand particularly welcomed the Special Representative’s “zero under 18 campaign”. Thailand was part of the core group of supporting States for the new Optional Protocol to the Convention on the Rights of the Child. The many existing mechanisms on the promotion and protection of women in the United Nations were testament to the complexity of the issue. Greater cooperation was needed to deal with the complexity of the issue while respecting the neutral and independent roles of the United Nations mechanisms.

JEAN-DANIEL VIGNY (Switzerland) said that Switzerland supported the renewal of the Special Rapporteur’s mandate. Switzerland would like to know more about the measures to improve the fight against impunity of the various parties that did not respect international law on this issue. Switzerland condemned all attacks against schools and hospitals and said it was particularly alarming that schools were used to recruit children. Concerning the Special Representative’s proposed campaign to prevent such activities, what measures would this include and had the Special Representative explored synergies in this area with the International Committee for the Red Cross?

EKA KIPIANI (Georgia) said Georgia shared the spirit of the report calling for the mainstreaming of mechanisms for child protection within the United Nations human rights system. Large parts of Georgia were under control of an occupying power and vulnerable groups and children were of particular concern. School raids by occupying forces and militias had been reported. While schools personal and teachers were subject to persecution, credible international reports showed that teachers continued to conduct classes in Georgian. Children were also subject to harassment by the occupying forces. Georgia welcomed the adoption of the Security Council resolution including parties to conflict who attacked schools and hospitals in the Secretary-General’s list.

VESNA VUKOVIC (Croatia) said that Croatia, as a member of the Security Council in 2008 and 2009, had worked on advancing efforts in the area of children in armed conflict. The Security Council had continued this approach in the last few years. In particular Croatia welcomed resolution 19 98, noting children should feel safe in hospitals and schools. Croatia had ratified the Optional Protocol on the involvement of children in armed conflict. Croatia remained concerned about the impunity that persistent offenders on the Secretary-General’s list enjoyed. Croatia noted the Special Representative must engage in many situations on the ground due to recent developments around the globe.

MAJDA MOUTCHOU (Morocco) said Morocco welcomed the progress made over the last year on the protection of the rights of children as identified in the report. However, the escalation of violence against children, notably in schools in areas of armed conflict was alarming for Morocco. Governments should protect children, implement the Paris Principles and apply effective measures to punish those who violate such laws. Morocco urged Member States to provide resources and technical assistance to those countries requiring it for the implementation of policies to put an end to children involved in armed conflicts.

OTAVIO TRINDADE (Brazil) commended the Special Representative for her efforts to raise awareness concerning the human rights of children in armed conflict. The international community should carefully assess the options available, since there would be no one-size-fits-all solution to this issue. Growing attacks against hospitals and schools and their use for military purposed were of concern. The international community may play an important role in helping States to develop domestic capacities to provide adequate effective protection.

NORMAN LIZANO ORTIZ (Costa Rica) said Costa Rica believed contact from visits by the Special Representative could lead to agreements that may result in the release of children from armed conflict. Costa Rica welcomed news on positive developments in the Special Representative’s report but was concerned regarding news of regression in the Central African Republic, Somalia and Sudan. Costa Rica asked what special considerations must international courts bear in mind when dealing with children as victims and perpetrators or witnesses and further what conclusions could be drawn from the Lubanga case recently before the International Criminal Court.

HIBA MOSTAFA RIZK (Egypt) said the protection of civilians in armed conflict should be a high priority and as children were among the most vulnerable groups in armed conflict, they should be the focus. Egypt took note of the Special Representative’s recommendations and as a party to the Optional Protocol on the Convention on the Rights of the Child it supported the call for this protocol’s universal ratification. Egypt asked whether or not it would have been appropriate to consider the case of Palestinian children under foreign occupation and urged the Special Representative to do so in future reports. Egypt asked for further views on how societies in post conflict transitions could uphold the rights of children and pay due regard to their best interests?

ANGUI AWADA (Chad) thanked the Special Representative for visiting Chad and welcomed her report. The Government had established a plan of action, under the guidelines of the Special Representative on children in armed forces, to end the recruitment of children into the State’s armed forces, including the army and other armed groups. The Government could not be held accountable for the behaviour of non-state armed actors.

NICOLETTE MOODIE, of the United Nations Children’s Fund (UNICEF), thanked the Special Representative for acknowledging the work of UNICEF in the field of children in armed conflict. The Special Representative’s work linking the work of those on the ground to decision making bodies such as the Security Council and Human Rights Council was invaluable. The tireless commitment of the Special Representative had been an enabling factor in the release of 10,000 children over the period covered by the report. UNICEF highlighted that children accused of international crimes committed during association with armed groups should be treated as victims and should not be punished. UNICEF urged States to lodge ratification documents in the lead up to the February 2012 Secretary-General’s signing event and to endorse the Paris Commitments at the minster meeting on 16 September.

FARAMARZ HEJAZI (Iran) said that Iran believed that incorporating the issue of children and armed conflict, especially the situation of children living under foreign occupation, in the Universal Periodic Review mechanism was appropriate. However, Iran believed that the Special Representative could have taken better note of the situation of Palestinian children and fully expected that the issue of justice for Palestinian child victims of foreign occupation would be addressed in future reports. Specifically, Iran asked if the Special Representative would visit the prisons of the “Zionist” regime to investigate the situation of imprisoned Palestinian children. What proposals had the Special Representative considered to provide immediate and long term protection for the many thousands of children suffering in Somalia due to hunger, disease, drought, violence by local militias and foreign interference.

MOHAN PIERIS (Sri Lanka) said that Sri Lanka was pleased to observe that the Special Representative had made appropriate reference to the developments in Sri Lanka concerning the rehabilitation and reintegration of child combatants. Sri Lanka was proud to notify the Council that former victims of forced conscription were today enrolled at universities and the recruitment of children for combat had been completely eradicated. Sri Lanka counted with a number of constitutional and institutional measures for the protection of children, such as compulsory education and the inclusion of children in the national action plan on human rights. Sri Lanka expressed appreciation for the work of the Office of the Special Representative and the special envoys who visited Sri Lanka for their cooperation.

OUMAIMA AL SHARIFF (Sudan) expressed satisfaction with the signing of the memorandum of understanding with armed rebel groups in Sudan. Sudan believed in the rights of the child in peace and war. The Act of the Armed Forces prohibited the conscription of those under 18 and the Children Act prohibited conscription and the use of children in the armed forces. Sudan had established a commission on rehabilitation and reintegration. This Commission was affiliated to the presidency. The Commission had a special programme on children in armed conflict working in collaboration with UNICEF and this had resulted in the demobilizing of many children involved in rebel groups.

YANNICK MINISIER (Belgium) said Belgium was concerned about the Special Representative’s report on the growing attacks on schools and hospitals and asked what strategies could be developed to counter such attacks in the future and to prevent schools from becoming recruitment grounds for children in armed conflict. Belgium was pleased to learn that important progress had been achieved as a result of the two-year global campaign to ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and urged all Member States to ratify the Optional Protocol.

SATENIK ABGARIAN (Armenia) said Armenia shared the concerns of the Special Representative’s reports regarding human rights violations of children in armed conflict and stressed that the involvement of children in conflict was unacceptable. This problem persisted even during the period of post conflict. Armenia noted that in certain countries the life of a child could become subject to political manipulation and propaganda. An Azeri officer, after decapitating Armenian officer Gourgen Margayan and being condemned by a Hungarian court, was declared a national hero in Azerbaijan. The State should not educate children by inciting hatred.

IMAD ZUHAIRI (Palestine) said that children continued to be disproportionately affected by armed conflict and their basic rights were systematically violated. Systematic and consistent violations of the rights of children in armed conflict happened most frequently in situations of foreign occupation where occupation forces acted with impunity against the oppressed population. Each year approximately 700 Palestinian children from the occupied Palestinian territory were prosecuted in Israeli military courts, and reports of ill-treatment and torture were demolitions of houses by the occupying power uprooted 68 children from their homes in the month of May, the highest monthly number to date in 2011. Palestine said that Israel must guarantee that urgent international actions be taken to protect Palestinian children and provide immediate and safe access to health and educational services for Palestinian children including children’s psychological needs.

VASILE RADU (Romania) thanked the Special Representative for her report and said a list of actors responsible for violating the rights of children in armed conflict was a step in the right direction. Rehabilitation and reintegration of former child soldiers was a good practice. Romania asked for other examples of good practices.

MARIA TERESA LIPATAN (Philippines) said that the Philippine Government had cooperated with the Special Representative during her visit and supported the statement that her engagement with non-state actors had no legal or political implications. Since the situation of children occurred against a complex background, any strategy to protect children in this case should be in harmony with the larger peace process. The Philippines was a party to the Optional Protocol on the involvement of children in armed conflict and had adopted laws for the promotion and protection of the rights of children. The Philippines pursued vigorously its programmes and projects aimed at rescuing and protecting children in armed conflict, reintegration and rehabilitation. The Government had cooperated with United Nations Children's Fund to provide social protection measures and basic social services to children affected by conflict.

NGO LE HOANG VU (Viet Nam) said that there were serious violations of the rights of children in armed conflict with the abuse of children as child soldiers. Viet Nam shared the concerns of the Special Representative concerning attacks of schools and hospitals and said that the only means to stop such violence was to establish peace and resolve armed conflicts. Child soldiers should be demobilized and reintegrated into society while at the same time the causes of conflict should be addressed in a multidisciplinary approach. Viet Nam welcomed the efforts of international organizations and non-governmental organizations in combating the rights of children in armed conflict and was always ready to cooperate with other stakeholders in this cause.

SHAIKHA SALMA AL-ZAABI (United Arab Emirates) said the welfare of children was a primary right and its protection was the responsibility of States particularly in armed conflict. The employment of children in war was a gross violation. The United Arab Emirates believed that the international community must work to eliminate root causes that led to war and must work together for peace and security.

MICHAEL FRENCH, of International Save the Children Alliance, said that violence against children was often used as a tactic of war. Children were recruited into armed groups, killed, maimed, abused and exploited in the most appalling ways. The ratification of the Optional Protocol was an important step to enhance child protection and build a universal normative standard and to strengthen the global consensus against the recruitment and use of children in armed conflict. Save the Children called on all remaining countries to ratify the Optional Protocol and prohibit voluntary recruitment of children below 18 years of age.

ALINE HERRERA, of Colombian Commission of Jurists, speaking also on behalf of the World Organization against Torture, said that the Colombian Commission of Jurists and the World Organization against Torture shared the concerns of the Special Representative regarding the situation and suffering by children in armed conflicts. Similar conclusions had been reached concerning the situation on the ground in Colombia. All the armed groups, including the FARC, paramilitary groups and public forces, recruited children. The speakers expressed concerns about the statement made by the Colombian Foreign Minister to the Security Council, questioning the performance of the special team and the United Nations work on forced recruitment in Colombia.

AISHA RAHAMATALI, of Defense for Children International, said it would like to encourage the Special Representative to consistently address the issue of the accountability of children involved in armed conflict as well as the promotion of rehabilitation and reintegration of the child in each country visited. A special reference should be made to the need for a child friendly justice system as a justice system that was accessible, age appropriate, speedy, diligent, adapted to and focused on the needs and rights of the child.

SHAMIM SHAWL, of International Muslim Women Union, said that the children of Kashmir continued to be victims of violence and conflict which touched the heart of women as mothers, sisters and providers in the more than 64 years of dispute of this unresolved conflict pending a final solution that remained on the agenda of the United Nations.


Concluding Remarks

RADHIKA COOMARASWAMY, Special Representative of the Secretary-General on Children in Armed Conflict, said in reply to Member States said that templates would be sent from her office to the field based on the analysis of the resolution. Concerning the action plans, 15 had been signed and the Special Representative was currently negotiating with Myanmar and the Democratic Republic of the Congo and hoped to announce further plans of action in the near future. Ms. Coomaraswamy said that the report had urged that States, in dealing with children and the justice system, divert them away from the judicial process and towards other forms of accountability such as reconciliation. Concerning the violations of the rights of children in Occupied Palestinian Territories, the Special Representative would be visiting Israel in the course of this year to address administrative justice. Concerning work with other mechanisms, the Special Representative worked closely with other fields and regarding impunity for grave violations against children, this would be a key priority for the office this year. The Special Representative thanked Member States for their overwhelming support for this mandate across regions and noted that the interests of children had always trumped politics in this chamber.


For use of the information media; not an official record

HRC11/106E