18 November 2009 - CRIN Children and Armed Conflict 135
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**NEWS IN BRIEF**
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UN: The Six Grave Violations against Children during Armed Conflict - the legal foundation [publication]
The six grave violations against children during times of conflict, enumerated by the Security Council in its resolutions, form the basis of the Council’s architecture in protecting children during war. Monitoring and Reporting mechanisms set up around the world use this framework to gather evidence of grave violations against children in reporting to the Council. This Working Paper attempts to analyse the six grave violations more deeply, exploring their basis in international law.
This is the first in a series of Working Papers developed by the Office of the Special Representative for Children and Armed Conflict to assist the community of practice working on the protection of children affected by armed conflict.
For more information, contact
UN Special Representative for Children and Armed Conflict
United Nations
Room S-3161 H, New York, NY 10017, USA
Email: [email protected]
Website: http://www.un.org/children/conflict
Further information
Visit: http://www.crin.org/resources/infodetail.asp?id=21287
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EDUCATION: Questionnaire on the right to education for migrants, refugees and asylum seekers [questionnaire]
The annual report of the Special Rapporteur on the right to education to be presented to the Human Rights Council in 2010 will focus on the right to education of migrants, refugees and asylum-seekers.
With the aim of hearing from all interested persons and/or organisations about their experiences, concerns and thoughts in the provision of education for migrants, refugees and/or asylum seekers, the Special Rapporteur seeks and would welcome your cooperation by responding to this questionnaire as fully as possible.
The focus of the report, and as such of the proposed questionnaire, is on persons who are living outside the territory of the county of which they are nationals or citizens, irrespective of their age. It includes migrants in regular or irregular situations, and persons who are subject to the legal protection of the status of refugee and/or those who are seeking asylum.
To ensure a full reflection in the answers of the differing status, needs and experiences of migrants and refugees and/or those who are seeking asylum, where appropriate the questions have been split into one of two categories: (i) migrants and (ii) refugees and/or asylum seekers. Should one category not apply to your domain of expertise please simply pass on to the next question.
In responding to this questionnaire, particular attention should be paid to the principle of non-discrimination, in conjunction with the four essential features previously identified as critical components of the right to education, namely, availability , accessibility , acceptability and adaptability.
It is strongly encouraged that submissions be made in a UN working language due to limited capacity for translation and transmitted electronically to [email protected] or by post to Vernor Muñoz, PO Box 1245 – 1007, Centro Colon, Costa Rica
In order for the information received to be used for the report of the Special Rapporteur, submission of responses is encouraged as soon as possible and no later than 20 January 2010.
Visit: http://www.crin.org/resources/infoDetail.asp?ID=21215&flag=news
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BURMA/MYANMAR: Rights group demand Security Council protection for children [news]
Rights groups have demanded that the United Nations Security Council Working Group closely monitor the progress of work on eliminating violations against children and the use of child soldiers in military-ruled Burma.
While supporting the conclusion of the SCWG on Children and Armed Conflict on Burma, four rights groups including London-based Coalition to Stop the Use of Child Soldiers, released a joint statement on Monday calling for the immediate implementation of UNSC’s resolutions on Burma.
“The limited measures so far taken by the government [Burmese junta] have failed to bring an end to recruitment and use of children by the armed forces or prevented other grave violations against them,” said a joint statement quoting data collected by NGOs working inside Burma.
“It is thus imperative that the SCWG closely monitor the situation to ensure its recommendations are implemented without delay,” the statement added.
UN Secretary-General Ban Ki-moon has listed the Burmese Army and several ethnic armed groups in his reports to the Security Council as violating international standards prohibiting the recruitment and use of child soldiers.
UNSC on August 4 unanimously adopted a new landmark resolution on children and armed conflict and called upon Secretary General Ban Ki-moon to expand his "list of shame" on the recruitment and use of children in armed forces.
Earlier, the SCWG had called all parties, the Burmese Army and ethnic armed groups, to agree to time-bound action plans to end the recruitment and use of child soldiers; to end the impunity with which violence is perpetrated on children; and to provide full and unimpeded access to all areas of Myanmar [Burma] to facilitate the monitoring and reporting of violations and to assist victims more effectively.
Aung Myo Min, Director of Thailand based Human Rights and Education Institute of Burma (HREIB) said the Burmese military regime did not allow the UN Country Task Force including the ILO to see the conditions in armed conflict areas, despite some ethnic armed group such as Karen National Union (KNU), Karenni National Progressive Party (KNPP) and Chin National Front (CNF) willing to cooperate with the UN.
“As they [Country Task Force] were not allowed to access the conflict areas, the work is delayed,” Aung Myo Min told Mizzima on Tuesday.
“There is no sign of decrease in the number of child soldiers recruited and used in the army,” he added.
Aung Myo Min said around 30 children from Pegu division north of former capital Rangoon were forcibly recruited in the Burmese Army in the last three months.
The joint statement said the recent outbreak of fighting in Kokang in northern Shan state and Karen areas in eastern Burma had worsened the already grave situation for children in Burma and called for an urgent need to step up the protection of children’s rights.
It also warned that in the run up to the 2010 elections, the Burmese regime is pushing ‘cease-fire groups’ to transform into border guard forces” under Burmese Army control. This has resulted in an upswing in violence in some of the conflict and ceasefire areas placing children at increased risk of human rights abuses.
“If no progress is achieved by the end of this year, the SCWG should consider imposing a three-month time frame for specific steps to be taken,” the statement said.
[Source: Mizzima]
Further information
Visit: http://www.crin.org/resources/infoDetail.asp?ID=21260
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INTER-AMERICAN COMMISSION: Report on Session 137 [report]
The Inter-American Commission of Human Rights concluded its 137th session last week.
This year marks the Commission's 50th anniversary. During its 50 years of existence, the Commission has witnessed significant advances in political and civil rights as a result of the transition to democracy of many countries in the region. The new challenge, said the Commission, is to improve the quality of that democracy, highlighting in particular the human rights implications of the recent coup d'état in Honduras. Read more here.
During the session, the Commission held a number of hearings on child rights. Read summaries of these hearings here.
News on children and armed conflict from the session
State representatives from El Salvador acknowledged for the first time that forced disappearances of children were carried out by the State during the internal armed conflict in a hearing presented by Asociacion Pro-Búsqueda. They said the State did not oppose the arguments set out by Pro-Búsqueda in relation to specific cases brought to the Commission's attention.
Read the news story and hearing presentation (in Spanish)
Paraguay also recognised international responsibility for the forced disappearance of two 14 year olds - Marcelino Gómez Paredes y Cristian Ariel Núñez - who were illegally conscripted and disappeared whilst in the care of the army in 1998.
In a meeting at the Inter-American Commission of Human Rights in Washington, D.C., State officials
signed a friendly settlement with the organisations representing the victims: The Centre for Justice and International Law (CEJIL) and Servicio Paz y Justicia de Paraguay (SERPAJ-PY).
In the agreement, the State admits to violating the children's right to personal freedom, integrity, life, to special protection measures, and to judicial protection and guarantees. The agreement obligates Paraguay to establish a commission to investigate the disappearance of children and to sanction those responsible for violating the human rights of the victims.
Read more on child rights at the 137th session here.
[CRIN/ Inter-American Commission on Human Rights/ CEJIL]
Further information
Visit: http://www.crin.org/resources/infodetail.asp?id=21276
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UNITED KINGDOM: Forces children face 'time bomb' [news]
[6 November 2009] - The children of those serving in Iraq and Afghanistan face a "ticking time bomb" of problems, a report claims.
As the nation prepares to remember its war dead, a charity is highlighting the educational and emotional problems the children of servicemen and women face.
Many move schools regularly and undergo long periods separated from their parents, the report by the Royal Navy and Royal Marine Children's Fund says.
The government said it tried to ensure children's schooling did not suffer.
Some service children experience up to 11 different school changes in their lifetimes, the report says.
Consequently two-thirds say they experience problems with differences in syllabus content and the standard of education when they switch schools.
They also face extra stresses and strains when a parent is away.
Some 83% of Naval spouses say their children find it difficult when their serving father or mother has to go away for long periods of time.
They might also find themselves dealing with parental illness or injury. Both physical and mental scars can have an impact on the family's emotional, functional and financial wellbeing, the report said.
The charity's director Monique Bateman said she had seen the problems experienced by the children of those who served in the Falklands War and did not want to see the pattern repeated.
'Overlooked'
She said: "We predict we are sitting on a ticking time bomb of problems for children whose parents have served in Iraq or Afghanistan.
"Children of serving personnel are so much more than just picture opportunities snapped up when their loved ones return from overseas and it is now time for local and national government to sit up and take notice of the pending problems and support the children for the future."
Child psychologist Professor William Yule said there was an urgent need for better understanding of service children's particular needs.
He said: "Many children benefit from having a parent serving in the armed forces, but a substantial minority suffer quietly and for far too long.
"Their mental health is affected as is their educational attainment and that in turn may limit their life prospects.
"Many children get distressed at preparing for the deployment of their parents; they worry while the parent is away, particularly witnessing the 24 hour news coverage; they may find it hard to readjust when their parents return - after all, the family has developed and the role of the parent may have changed."
'Welfare issues'
The report says: "The MoD, DCSF and local authorities need to appreciate the impact the service lifestyle can have on a child's behaviour, emotional well-being, psychological development and their educational attainment, and built this understanding into their future strategies, policies and budget.
"Service children cannot remain the overlooked casualties of conflict any longer."
A Department for Children Schools and Families spokesman said: "No child should suffer at school because their parents are on the frontline.
"The Service Command Paper puts in place big improvements to cutting disruption and disadvantage to children's education.
"We've worked closely with schools and support agencies for service families over the last year to make sure children's wider welfare issues are picked up quickly and early."
[Source: BBC]
Further information
Visit: http://www.crin.org/resources/infoDetail.asp?ID=21288&flag=news
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USA: Life in the promised land - resettled youth struggle in the US [publication]
Approximately 75,000 refugees will be resettled to the United States in fiscal year 2009 (October 2008 - September 2009). Many young people come to the U.S. unprepared for the challenges ahead. Many have never seen the inside of a formal school. The vast majority have not had the opportunity to learn practical skills while they were displaced that will enable them to get a job. They have difficulties staying in school or finding a job—the latter is expected for those over 18 who need to contribute to their families. Since the majority of refugees are in long-term situations that last an average of 17 years, the international community must ensure that time spent in displacement is not wasted but rather is used as an opportunity to prepare young people for their futures—whether they are resettled to the U.S., remain in their country of asylum or return home to rebuild their communities.
More than 3,200 refugees from 38 countries were resettled to Arizona in FY 2008.3 The Women’s Refugee Commission traveled to Phoenix, Arizona in August 2009 to learn about young people’s experience resettling to the U.S. In particular, the delegation looked at what educational and skills training programmes young people had access to while they were displaced that helped with their transition to the U.S.—and what additional services would have been helpful. The aim was to learn what more could be done during displacement to better prepare refugee youth for life in the U.S.
For more information, contact:
Women's Refugee Commission
122 East 42nd Street, 12th Floor, New York NY 10168 - 1289
Tel: + 1 212 551-3140
Email: [email protected]
Website: www.womenscommission.org
Further information
Visit: http://www.crin.org/resources/infoDetail.asp?ID=21286&flag=report
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**NEWS IN BRIEF**
Coming up: Special edition of CRINMAIL on the 20th anniversary of the CRC
CRC: From moral imperatives to legal obligations - conference report
http://www.crin.org/resources/infodetail.asp?id=21262
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