PHILIPPINES : Report of the Secretary-General on children and armed conflict.

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SRSG Coomaraswamy.

21 January 2010.

Recommendations:

A. Recommendations to the Government of the Philippines:

The Government is urged to ensure that the Armed Forces of the Philippines and the paramilitary groups immediately stop committing grave violations against children, including recruitment and use, killing and maiming of children and the illegal occupation of schools.

I encourage the Government to continue its support for the implementation of the United Nations-MILF action plan, and to facilitate dialogues for the development of similar plans with other non-State armed groups to halt the recruitment and use of children, as well as prevent and respond to other violations against children.

Within the framework of the peace negotiations, consultations with the country task force should continue to ensure the consideration and integration of specific provisions on child protection in the agenda of peace talks.

I welcome the capacity-building of security focal points at the human rights offices of the Armed Forces of the Philippines and the Philippine National Police and I encourage the Government to seek technical assistance from the country task force to strengthen the capacity of its military forces to protect the children in conflict areas. Better protection of non-combatants and civilian population in conflict-affected areas can be ensured by integrating child protection in the training curriculum of military, police, paramilitary and security personnel.

As highlighted during the visit of my Special Representative on Children and Armed Conflict, it remains crucial that all cases of sexual assault perpetrated by military personnel against children be fully investigated and the incriminated member of the Armed Forces of the Philippines prosecuted to ensure the proper dispensation of necessary disciplinary attention, and to guarantee the safety of the victims.

Further attention on the amendment of Republic Act No. 7610 should be given as highlighted in my first report on children and armed conflict in the Philippines (S/2008/272), to ensure that children associated with armed groups and forces are not prosecuted and are treated in accordance with the memorandum of agreement on the treatment and handling of children involved in armed conflict. (paragraphs 49 to 54)

B. Recommendations to the Moro Islamic Liberation Front

I welcome the collaboration of the MILF with the United Nations for the implementation of the action plan to halt the recruitment and use of children and I strongly urge the continuation of such partnerships. The immediate issuance of the supplemental general order is recommended to facilitate the release of children that may be found within their ranks as well as the implementation of necessary sanctions for non-compliance with the action plan signed with my country team.

The MILF is requested as a matter of priority to clarify its position with regard to rogue commanders in its ranks and on how the action plan is expected to be implemented among these units.

I also welcome the agreement with the MILF on the protection of non-combatants and the preservation of community facilities vital for the survival of the civilian population in conflict-affected areas, and I strongly encourage the fast implementation of such agreement. (paragraphs 55 to 57)

C. Recommendations to the New People’s Army

The NPA is strongly encouraged to uphold its commitment to respect the rights of children, as embodied in the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law.

I urge the NPA to maintain open communications with the United Nations to engage in the development of an action plan to halt the recruitment and use of children in their ranks and ensure immediate separation of any children associated with the armed group. The action plan will have to be in line with Security Council resolution 1612 (2005), as well as with the Paris Principles and Guidelines on Children Associated with Armed Forces or Armed Groups.

In order to facilitate monitoring and verification on the situation of children affected by armed conflict, the NPA is requested to allow unimpeded access to monitoring and reporting teams, to guarantee the safety and security of these teams and to designate monitoring focal points within its ranks. (paragraphs 58 to 60)

D. Recommendations to Abu Sayyaf armed groups

The Abu Sayyaf Group is requested to immediately stop recruiting and using children in their ranks and to refrain from committing other grave violations against children, including killing and maiming of children and denial of humanitarian access.

I urge the Abu Sayyaf Group to open its channels of communication with the United Nations in the development of an action plan to halt the recruitment and use of children in their ranks and ensure immediate separation of any children associated with this armed group. The Action Plan will have to be in line with Security Council resolution 1612 (2005), as well as with the Paris Principles and Guidelines on Children Associated with Armed Forces or Armed Groups.

In order to facilitate monitoring and verification on the situation of children affected by armed conflict, the Abu Sayyaf Group is requested to allow unimpeded access to monitoring and reporting teams, to guarantee the safety and security of these teams and to designate monitoring focal points within its ranks. (paragraphs 61 to 63)

E. Recommendations to the international community

I strongly encourage the international donor community to provide necessary resources to assist the country task force in enhancing all aspects of monitoring and responding to grave child rights violations, particularly in upgrading the human resource capacity and in funding the MILF action plan already signed and awaiting implementation. (paragraph 64)

pdf: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N10/216/24/PDF/N1021624.pdf?O...

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