30 March 2010 - CRIN Children and Armed Conflict 139
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**NEWS IN BRIEF**
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UNITED NATIONS: Rape must never be minimised as part of cultural traditions, says UN envoy [news]
[25 March 2010] - Sexual violence during conflicts is all too often downplayed and treated as part of local cultural traditions instead of being viewed as a war crime, a senior United Nations official has warned as she called for much greater international action to defeat the scourge.
Margot Wallström, the recently appointed Secretary-General’s Special Representative on Sexual Violence in Conflict, voiced concern about the “lingering assumption that sexual violence is a tradition, rather than a tactic of choice” by groups engaged in war.
“Prevailing opinion would have us believe that what happens in a ‘private hut’ has nothing to do with security,” she wrote in the Oslo newspaper Dagsavisen on Tuesday in a column jointly authored with Jonas Gahr Støre, Norwegian Foreign Minister.
“While bullets, bombs and blades make the headlines, women’s bodies remain invisible battlefields. Yet it is utterly indefensible to downgrade the threat level of sexual violence because it primarily targets women and girls. What makes forced displacement part of the war, and mass rape an intractable cultural trait?”
Ms. Wallström and Mr. Støre wrote that there are only cultures of impunity, and not cultures of rape, as some commentators have argued in certain countries or conflicts.
“Cultural relativism legitimises the violence and discredits the victims, because when you accept rape as cultural, you make rape inevitable. This shields the perpetrators and allows world leaders to shrug off sexual violence as an immutable – if regrettable – truth. It is time to state, once and for all, that mass rape is no more inevitable, cultural or acceptable than mass murder.”
The Special Representative – who is visiting Norway on her first official visit since being appointed by the UN – and the Foreign Minister stressed that the best way to overcome this problem is to ensure that perpetrators of rape and other forms of sexual violence are held accountable.
“We are convinced that where there’s a political will, there’s a way. Every rape – even in the midst of war – is a crime that can be commanded, condoned or condemned. That is a choice made by those in power, and it is a matter that concerns the guardians of global peace and security.”
Further information
Visit: http://www.crin.org/resources/infoDetail.asp?ID=22319&flag=news
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STRATEGIC LITIGATION: Case law on children and armed conflict [database]
Although the Convention on the Rights of the Child has been around for more than two decades, children's rights have in many places just begun to make their way into the courtroom. To encourage children and their advocates to think about bringing violations of children's rights - whether in relation to armed conflict or otherwise - to the justice system, we have assembled a collection of case law where courts have used international human rights instruments in their decision-making process.
While strategic litigation to advance children's rights is certainly not without its problems and limitations, there have been some notable successes where children involved in armed conflict have been concerned:
- In the wake of the many atrocities in the Democratic Republic of Congo, including the operation of training camps for child soldiers, the International Court of Justice held the Ugandan government accountable for extensive violations of children's rights in 2005. (see Armed Activities on the Territory of the Congo, Democratic Republic of the Congo v. Uganda)
- Following the recruitment and shooting of a 15 year-old, in 2006 the Inter-American Court of Human Rights ordered Paraguay to modify its domestic legislation on the recruitment of minors into the armed forces in order to comply with international law prohibiting the recruitment and training of child solidiers (see Vargas-Areco v Paraguay).
- In the continuing trial of Thomas Lubanga Dyilo for war crimes including the recruitment and deployment of child soldiers, the International Criminal Court ordered special provisions in 2008 to ensure that the voices of child witnesses and victims of Lubanga Dyilo's activities would be heard. (See Situation in the Democratic Republic of the Congo, Prosecutor v. Lubanga Dyilo)
As this is an ongoing project, we hope to add new cases to our legal database on a regular basis. If you are aware of any cases that should be included, we would greatly appreciate your input. Our goal is to make this project as helpful to you and your work in children's rights as possible; please contact [email protected] with suggestions on ways that we could add to or improve the database.
Additional resources:
Visit: http://www.crin.org/resources/infoDetail.asp?ID=22318&flag=news
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ISRAEL: Two soldiers charged over human shield case [news]
[RAMALLAH, 12 March 2010] - DCI-Palestine learnt from Israeli media reports that two Israeli soldiers had been indicted after an Israeli military investigation opened following a complaint filed by DCI last year. However, DCI remains concerned that the charges as reported by the media are far too lenient.
The complaint concerns the use, by Israeli troops, of a nine-year-old boy as a human shield during Operation Cast Lead. On 15 January 2009, Majed, from Tel al-Hawa, was coerced into assisting Israeli soldiers and shielding them from potential danger during a military raid into his building. Soldiers forced him to open bags thought to contain explosives; Majed was also slapped, grabbed by the hair, pushed against the wall.
“I thought they would kill me. I became very scared and wet my pants. I could not shout or say anything because I was too afraid,” Majed told DCI-Palestine on 30 March 2009, when we met him to document his ordeal.
In April 2009, DCI-Israel and DCI-Palestine sent a letter to the Israeli Ministry of Defence and the Ministry of Justice concerning the army’s use of children as human shields. The letters listed five incidents documented by DCI-Palestine since 2007 and requested that the authorities take action to hold perpetrators to account. Despite many follow up calls, it was only on 2 November, seven months after the allegation was made, that the military contacted DCI to request an interview with Majed. This development was presumably the result of the Goldstone Report recommendations and Israel’s obligation to investigate reports of human rights violations perpetrated during the operation. The other incidents mentioned in DCI's letter were ignored.
DCI contacted the Israeli military on 10 February and again on 3 March 2010 to enquire about the status of the investigation. They were told that the investigation was still pending. But the Ha’aretz newspaper published a story announcing that the Israel military prosecution had filed an indictment against two soldiers suspected of forcing a nine-year-old Palestinian boy to open bags they thought might contain explosive materials during Operation Cast Lead.
DCI is relieved to finally hear of a positive outcome to our complaint, filed almost a year ago, and hope that the soldiers responsible for this act will be held accountable in a manner that acknowledges the serious nature of the offence that we documented. Majed was only nine years old when he was used and ill-treated by the soldiers, and he has been left deeply traumatised by the event. In addition, this is not an isolated incident: DCI-Palestine documented three such cases during Operation Cast Lead, involving seven children in total.
Nevertheless, at this stage, DCI remain concerned that the charges of “inappropriate conduct” and “overstepping authority” do not reflect the gravity of the violation, and are seeking further clarifications from the military police. DCI-Israel talked to the officer in charge of following up the investigation, who assured that the soldiers accused will stand trial and confirmed that official information on the outcome of the investigation will be sent shortly.
Israel is party to the UN Convention on the Rights of the Child's Optional Protocol on the Involvement of Children in Armed Conflict, which it ratified in 2005, the same year the Israeli High Court of Justice banned the use of civilians as human shields. Yet violations of the Protocol and the High Court ruling continue seemingly unchecked, as Israel’ Supreme Court is clearly unable or unwilling to enforce its own ruling, and the Israeli government refuses to implement the Protocol in the OPT.
On 19 January this year, Israel's implementation of the Optional Protocol was reviewed by the UN Committee on the Rights of the Child, which issued strong recommendations to Israel on the ongoing practice of using Palestinian children as human shields. DCI reported to the UN on this issue ahead of Israel's review, and DCI support their recommendation. They believe that those soldiers who knowingly violate the law in order to protect themselves from perceived danger with total disregard for the safety and well-being of children should be "duly prosecuted and sanctioned with appropriate penalties" .
This indictment should set a precedent for all other human shield incidents involving children.
Further information
Visit: http://www.crin.org/resources/infoDetail.asp?ID=22321&flag=news
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PHILIPPINES: Child rights group to file torture complaint against military [news]
[MANILA, 29 March 2010] - A child rights group is set to file a complaint before the Commission on Human Rights against the military for the torture of three minors who the military accused of belonging to the New People’s Army (NPA).
Salinlahi Alliance for Children’s Concerns said they will bring the cases of Allen, 17, and 15-year-olds Ivy and Tere* before the human rights body.
The group said it would also submit a report to the United Nations Working Group on Children and Armed Conflict and the European Union “to draw to the attention of national and international bodies the serious violations of children’s rights which continue to be carried out by the military.”
The three children were arrested in separate incidents in Makilala, North Cotabato and Moncayo in Compostela Valley earlier this month and were tortured and forced to admit they were members of the NPA.
They were released following the intervention of human rights groups, said Pia Garduce, spokesperson of Salinlahi.
Results of the fact-finding mission led by Kabiba Alliance for Children’s Concerns, the counterpart to Salinlahi in Mindanao, revealed that Allen was arrested on March 15 in Makilala town and was forced to confess that he was one of those who fired at soldiers in Barangay (village) Balatukan.
Garduce said that the military mistook Allen for the person they saw at the site of the incident because both were wearing an orange t-shirt.
“The military tied the boy like a pig and poked a knife into his neck and struck him on his back with the rifle butt,” she said in a statement.
Allen was later identified as a child labourer on a rubber plantation and was said to be on his way for lunch when accosted by the military.
Ivy and Tere were allegedly arrested in separate encounters in North Cotabato and Compostela Valley and denounced as members of the communist armed wing. But based on their fact-finding report, Kabiba said that the two girls were actually among the 13 upland farmers arrested by members of the 25th Infantry Battalion on March 7.
Garduce said the children were only brought before the court on March 11, in violation of Republic Act 9344 or the Juvenile Justice Welfare Law.
“They were illegally detained for more than 36 hours and subjected to mental torture. The military even made up a story that one of the minors was pregnant,” Garduce said.
Salinlahi expressed alarm about the continuing violation of children’s rights by labelling them child soldiers.
“These children are facing the hardship of helping their parents to enhance their livelihood and yet, the military preys on them like vultures, seemingly just to meet their deadlines in crushing the insurgency problem.” Garduce said.
The NPA group, the 4,702 strong military arm of the Communist Party of the Philippines, has been considered the biggest threat to the country’s national security...
*Fictitious names used to protect the children's identity.
[Source: The Inquirer]
Further information
Visit: http://www.crin.org/resources/infodetail.asp?id=22317
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PERU: Hearing on children and armed conflict at Inter-American Commission [publication]
[WASHINGTON, 26 March 2010] - The Inter-American Commission on Human Rights (IACHR) held its 138th session from 15-26 March 2010 in Washington DC, USA.
Peru: use of children in armed confrontations persists
The Commission heard that terrorist group the Shining Path continues to use children in its activities in a hearing presented by the Coordinadora Nacional de Derechos Humanos (CNDDHH) with support from Save the Children. Read the full report here (in Spanish).
The recruitment of children into the Peruvian Armed Forces was also under discussion; the issue made international headlines last year after a number of soldiers killed or injured in armed confrontations with the Shining Path were found to be minors.
Recommendations:
- Request the State to adopt necessary measures to prevent the recruitment of children by terrorist organisation the Shining Path.
- Request the State to adopt necessary measures to guarantee that minors will not be enlisted to serve in the security forces.
- Request the State to adopt all possible measures to ensure that children recruited or enlisted in contravention of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict are demobilised and provided with all suitable assistance for their physical and psychological recovery and social reintegration.
- Request the State to provide a 'protective environment' to children who are demobilised, including effective strategies to avoid recruitment, long-term investment in education, professional training and support to families and communities.
- Request the State to bring its domestic legislation in line with its international obligations, modifying its Children's and Adolescents' Code to cover the provisions of the two Optional Protocols to the Convention on the Rights of the Child.
- Request the State to bring its domestic legislation in line with international obligations, changing its Penal code to criminalise the recruitment and enlistment of under-18s.
- Request the State to establish an inter-institutional mechanism to follow up the above points with the participation of civil society.
[Source: the Coordinadora Nacional de Derechos Humanos]
Webcasts and audio recordings of hearings are available on the Commission's website.
Further information
Visit: http://www.crin.org/resources/infoDetail.asp?ID=22300
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SUDAN: Ceasefire agreement presents opportunity to release children [news]
[NEW YORK, 25 March 2010] - The Special Representative of the Secretary-General for Children and Armed Conflict, Ms. Radhika Coomaraswamy, praised the Ceasefire Agreement recently signed between the Government of Sudan and the Liberation and Justice Movement (LJM), of which the Justice and Equality Movement (JEM) is a member. The agreement contains critical provisions to protect children affected by the conflict.
The commitment requires the immediate release to the United Nations of all boys and girls associated with fighting forces, in line with the African Charter on the Rights and Welfare of the Child and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict.
“We hope that the ceasefire will be the beginning of a lasting peace in Sudan,” said Ms. Coomaraswamy “and that the parties will quickly prepare Action Plans to identify and release the children in their ranks, as it has been requested by the Security Council.” The Special Representative also stressed that the parties should now ensure that provisions for children are included in the Peace Agreement that should follow the ceasefire.
The Special Representative visited Sudan last November to facilitate dialogue with the parties, following the recommendations of the 2009 Secretary-General's report on the situation of children and armed conflict, and in the context of Security Council Resolution 1612 (2005).
For further information, please contact:
Luca Solimeo
Office of the Special Representative of the Secretary-General for Children and Armed Conflict
Tel: +1 917-367-3563
Email: [email protected]
Website: www.un.org/children/conflict
Further information
Visit: http://www.crin.org/resources/infoDetail.asp?ID=22320&flag=news
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ARMED CONFLICT: Engaging youth in non-violent alternatives to militarism [online discussion]
Join the New Tactics dialogue featuring Engaging Youth in Non-Violent Alternatives to Militarism from April 21 to 27. Governments around the world target youth for military recruitment and service. In response, human rights organisations have developed innovative ways of introducing youth to non-violent alternatives to military service and combating the culture of militarism. This tactical dialogue is a space for those working with and interested in engaging youth in non-violent alternatives to militarism to share their stories, challenges, resources and ideas.
For more information, contact:
New Tactics in Human Rights Project
c/o Center for Victims of Torture
717 East River Road
Minneapolis, MN 55455 U.S.A.
Tel: +1 612 436 4800
Fax: +1 612 436 2606
Email: [email protected]
Website: www.newtactics.org
Visit: http://www.crin.org/resources/infoDetail.asp?ID=22315&flag=event
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EMPLOYMENT: UNICEF [job posting]
UNICEF: Consultant - Child Protection Database Manager
The United Nations Children’s Fund (UNICEF) in the occupied Palestinian territory (oPt) is seeking a qualified and experienced Consultant to support the Child Protection Programme through provision of regular analysis and reports on grave violations of child rights and to systematise the data collection and reporting system on grave violations against children.
Application deadline: 4 April 2010
For more information and to apply, visit: www.unicef.org
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**NEWS IN BRIEF**
DR Congo: Trail of Death - LRA Atrocities in Northeastern Congo (March 2010)
The rebel Lord's Resistance Army (LRA) killed at least 321 civilians and abducted 250 others, including at least 80 children, during a previously unreported four-day rampage in the Makombo area of northeastern Democratic Republic of Congo in December 2009, Human Rights Watch said in the report "Trail of Death: LRA Atrocities in Northeastern Congo".
http://www.crin.org/resources/infoDetail.asp?ID=22313&flag=report
Uganda: Session report from the African Committee (CRIN, March 2010)
This report is an unofficial summary of the dialogue between the delegation from the government of Uganda and members of the African Committee of Experts on the Rights and Welfare of the Child during the review of Uganda's initial report to the Committee.
http://www.crin.org/resources/infodetail.asp?id=22314
Nepal: UN calls for army cooperation in investigating deaths (25 March 2010)
The United Nations Human Rights Office in Nepal (OHCHR-Nepal) expressed its continued concern over the deaths of three alleged female poachers – including a 12-year-old child – at a national park in the country’s far west, calling on authorities to carry out investigations with the full cooperation of the army.
http://www.crin.org/resources/infoDetail.asp?ID=22272&flag=news
United Kingdom: Safe at Last? Children on the frontline of UK Border Control (Refugee and Migrant Justice, March 2010)
Child asylum seekers arriving in Dover, UK, some suffering from illness or serious injuries, are being denied basics like rest, food and medicine before they complete oppressive and unlawful interviews with the UK Border Agency (UKBA). Refugee and Migrant Justice (RMJ) has revealed the scale of the problem in its new report.
http://www.crin.org/resources/infoDetail.asp?ID=22259&flag=report
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