Summary: At its forty-eighth session, the
General Assembly adopted resolution
48/157 entitled "Protection of
children affected by armed conflicts".
In paragraph 10, the General
Assembly invited the Commission on
Human Rights to consider the study.
The report (E/CN.4/1995/112) was
duly submitted and the present
document updates that report.
Economic and Social Council
E/CN.4/1996/110
5 February 1996
COMMISSION ON HUMAN RIGHTS
Fifty-second session
Item 20 of the provisional agenda
RIGHTS OF THE CHILD
Impact of armed conflict on children
Report of the Secretary-General
CONTENTS (paragraphs)
Introduction (1-6)
I. METHODOLOGY (7-15)
III. PROGRAMME OF WORK (16-25)
Consultation on the impact of armed conflict on children in the
Horn and eastern, central and southern Africa (Addis Ababa, April
1995)
Consultation on the impact of armed conflict on children in the
Arab region (Cairo, August 1995)
Consultation on the impact of armed conflict on children in west
and central Africa (Abidjan, November 1995)
Field visits to Angola, Cambodia, Lebanon, Rwanda and Sierra
Leone
IV. MAIN ISSUES (26-49)
A. Patterns of conflict
The impact of armed conflict on women
The relevance and adequacy of existing standards
The indiscriminate use of weapons of war
B. The experiences of children in armed conflict
Children as zones of peace
Children bearing arms
The physical impact and recovery of children affected by war
Psychological recovery and social reintegration
Gender violence, rape, sexual abuse and exploitation
Detention and torture
Refugee and displaced children
C. Prevention, conflict resolution, recovery and reintegration
Education for development, peace and conflict resolution
Achieving justice and reconciliation in post-conflict situations
Demilitarization, arms transfers, and the role of military and
security
establishments
V. FUTURE ACTIVITIES (50)
VI. CONCLUSION (51-54)
1. At its forty-eighth session, the General Assembly adopted
resolution 48/157 entitled "Protection of children affected by
armed conflicts" in which it expressed grave concern about the
tragic situation of children in many parts of the world as a result
of armed conflicts; urged all Member States to continue seeking
comprehensive improvement of the situation with appropriate
and concrete measures to alleviate it; and requested bodies and
organizations of the United Nations, as well as intergovernmental
and non-governmental organizations, within the scope of their
respective mandates, to cooperate in order to ensure more
effective action in addressing the problem of children affected by
armed conflicts.
2. In the same resolution, the Assembly requested the Secretary-
General to appoint an expert, working in collaboration with the
Centre for Human Rights and the United Nations Children's Fund
(UNICEF), to undertake a comprehensive study of the protection
of children in armed conflict, including the participation of children
in armed conflict, as well as the relevance and adequacy of
existing standards, and to make specific recommendations on
ways and means of preventing children from being affected by
armed conflicts and of improving their protection, including, from
indiscriminate use of all weapons of war, especially anti-
personnel mines. The study will also contain recommendations for
measures to promote the physical and psychological recovery and
social reintegration of children affected by armed conflict,
including child soldiers and, in particular, measures to ensure
proper medical care and adequate nutrition, taking into account
the recommendations of the World Conference on Human Rights
and the Committee on the Rights of the Child. In June 1994, Ms.
Graça Machel was appointed to undertake the study.
3. The expert wishes to acknowledge the considerable support
received from national committees for UNICEF, and wishes to
express her deep appreciation for the contributions received from
the National Committees of Australia, Germany, Greece, Hong
Kong, Japan, the Netherlands, Spain, Switzerland the United
Kingdom and the United States of America. This represents funds
not from Governments, but directly from the peoples of these
countries and territories. She also wishes to thank the
Governments of Angola, Cambodia, Colombia, Côte D'Ivoire,
Ethiopia, Eritrea, Egypt, Lebanon, Liberia, Rwanda, and Sierra
Leone for facilitating the study's work in their countries.
4. In resolution 48/157, the General Assembly also requested
Member States and United Nations bodies and organizations, as
well as other relevant intergovernmental and non-governmental
organizations, including the Committee on the Rights of the Child,
UNICEF, the Office of the United Nations High Commissioner for
Refugees (UNHCR), the World Health Organization (WHO) and the
International Committee of the Red Cross (ICRC), to contribute to
the study. In paragraph 9 of resolution 48/157, the Assembly
also requested the Secretary-General to submit a progress report
on the study to its forty-ninth session.
5. In resolution 49/209, the Assembly took note of the Secretary-
General's report (A/49/643) and, in paragraph 15, requested that
a report on the study be submitted to the Assembly at its fiftieth
session. That report is contained in document A/50/537. The final
report and recommendations will be presented to the General
Assembly at its fifty-first session in 1996.
6. In paragraph 10 of resolution 48/157, the Assembly invited the
Commission on Human Rights to consider the study at its forty-
ninth session. A report (E/CN.4/1995/112) was duly submitted to
the Commission. The present document updates that report.
I. METHODOLOGY
7. The expert has envisaged the preparation of the study as a
unique process of research, mobilization and awareness-building,
involving field visits to affected countries, consultations at the
regional level, and the preparation of seminars and thematic
papers in selected areas. To support these efforts, the expert
has received support from and has cooperated with special
rapporteurs, envoys and representatives of the Secretary-
General, the regional commissions, regional bodies such as the
Organization of African Unity and the African Development Bank,
and various United Nations bodies and specialized agencies
including WHO, UNHCR, FAO, UNICEF, the Committee on the
Rights of the Child and the Centre for Human Rights.
Governments, religious communities and international, regional
and national non-governmental organizations and independent
institutions have also been central to the study's programme of
research and mobilization. The wide range of support and
cooperation at all levels will help ensure that the final report and
recommendations reflect the realities and priorities in the field,
and the concerns of children, women and those most involved in
the protection and care of children affected by armed conflicts.
The study has elicited the commitment and interest of various
institutions and individuals and allowed them to better
understand and meet the needs of children affected by armed
conflicts through coalition-building, networking, and prioritizing
these concerns on political and development agendas at the
national, regional and international levels.
8. Consultations at the regional level are under way in Africa,
Latin America, Europe, the Arab region and Asia. These provide a
pivotal opportunity for a cross-section of those concerned with
the situation of children affected by armed conflicts to synthesize,
document and share experiences, to determine regional priorities
relating to children and war, and to sensitize Governments, policy
makers and public opinion leaders to the issues. National
institutions, governmental departments, human rights
organizations, non-governmental organizations, United Nations
agencies, the media, religious organizations, independent
experts and eminent leaders within civil society, as well as
women and children who have been affected, are involved as
participants and resource persons. Military authorities,
Governments and legal experts are also involved, particularly
with regard to the application of international humanitarian and
human rights law and the reinforcement of preventive measures.
9. At the national level, the expert has undertaken field visits to
countries in the throes of, or emerging from conflict. Organized in
cooperation with the Centre for Human Rights, UNICEF, UNHCR
and other agencies and NGOs, field visits allow the expert to
meet with government representatives, non-governmental
organizations, youth and community organizations, religious
groups, agencies, national institutions and other interested
parties. They also provide a first-hand opportunity to witness the
impact of armed conflict on all aspects of the child's life, to hear
children and their families relate their own experiences, and to
see first hand the implementation of programmes designed to
promote the physical and psychological recovery and social
reintegration of children within their families and communities.
10. In addition, the expert enjoys the guidance of a group of
eminent persons made up of individuals of international repute
and integrity drawn from every geographic region and
representing a wide diversity of political, religious and cultural
backgrounds; this group provides conceptual and practical
guidance to the study and also acts as a public advocate for its
work. The members of the group include: Hanan M. Ashrawi
(Palestine), Belisario Betancur (Colombia), Frances Deng (Sudan),
Marian Wright Edelman (United States of America), Devaki Jain
(India), Rigoberta Menchú Tum (Guatemala), Julius K. Nyerere
(United Republic of Tanzania), Lisbet Palme (Sweden), Wole
Soyinka (Nigeria) and Archbishop Desmond Tutu (South Africa).
11. The expert receives further counsel from a technical advisory
group composed of men and women with recognized
international expertise in the areas to be studied and in the
welfare of children in general; its task is to help ensure that the
study benefits from the highest standards of accuracy and
professionalism, and to provide overall guidance regarding the
scope of work. The members of the advisory group include
Thomas Hammarberg, Chair (Sweden), Philip Alston (Australia),
Maricela Daniel (Mexico), Dr. Duong Quynh Hoa (Viet Nam),
Stephen Lewis (Canada), Jacques Moreillon (Switzerland), Vittit
Muntarbhorn (Thailand), Olara A. Otunnu (Uganda), Kimberly
Gamble Payne (United States of America), Sadig Rasheed
(Sudan), Mohamed M. Sahnoun (Algeria), Marta Santos Pais
(Portugal), Jane Schaller (United States of America), Jody Williams
(United States of America).
12. In order to facilitate the contributions of the major
international bodies representing the rights of children in armed
conflict, an inter-agency task force has met periodically in Geneva.
Participants include representatives from the Centre for Human
Rights, the Department for Humanitarian Affairs, UNICEF, UNHCR,
WFP, ILO, FAO, the United Nations Organization for Education,
Science and Culture (UNESCO), WHO. A representative of ICRC
also participates. Representatives of non-governmental
organizations have played a major role in helping to develop the
research programme and are actively participating in the study.
13. International NGOs working in areas related to the study
areas have established working groups in Geneva and New York
to facilitate their contributions to the study's research and
mobilization programme. In addition, many international, regional
and national NGOs and other independent institutions participate
in and help to coordinate field visits, inter-agency meetings and
regional consultations, and have been involved in the preparation
of seminars and papers on thematic areas. Among the
international NGOs working in close cooperation with the study
are Human Rights Watch, International Catholic Child Bureau,
International Council of Voluntary Agencies, Rehabilitation
International, Save the Children Alliance, the Friends World
Committee for Consultation (Quakers) and World Vision.
14. Many regional networks and national NGOs have developed
activities to follow up the recommendations emerging from field
visits and regional consultations. Focal points for these activities
include the African Network for the Prevention and Protection
against Child Abuse and Neglect (ANPPCAN), the Forum for African
Voluntary Development (FAVDO), and the African Centre for
Democracy and Human Rights Studies in the Gambia.
15. Throughout its work the study has taken the principles and
provisions of the Convention on the Rights of the Child as a
source and guiding reference to assess the impact of armed
conflicts on the enjoyment of children's rights. Special attention is
paid to the protection of children from abuse and neglect and to
their rights to receive special protection if they have no family or if
they are refugees, displaced or disabled; to receive the highest
attainable standard of health and medical care; and to develop in
a caring environment in which they can realize their full potential
as individuals and where their best interests are a primary
consideration in all actions affecting their well-being.
Error! Hyperlink reference not valid.
III. PROGRAMME OF WORK
Consultation on the impact of armed conflict on children in the
Horn and eastern, central and southern Africa (Addis Ababa, April
1995)
16. The first regional consultation was convened in cooperation
with the Economic Commission for Africa (ECA). It focused on the
situation of children in 15 countries in the Horn and in eastern,
central and southern Africa. The final statement adopted by the
consultation contained recommendations concerning the
application and adequacy of international humanitarian and
human rights standards and the protection of children in
situations of armed conflict, and the promotion of physical and
psychological recovery and social reintegration.
17. The Consultation provided a pivotal opportunity for
Governments and representatives of civil society, through NGOs,
religious organizations and independent experts, and eminent
leaders to address the main issues affecting children in the
region. The consultation resulted in the establishment of
numerous initiatives at the grass-roots, national and regional
levels, such as the formation of an African NGO Action Network
(ANAN) to take leadership within the region on the impact of
armed conflict in southern Africa, the role of women in protecting
refugee and internally displaced children, and African models and
techniques for trauma treatment for children in situations of
armed conflict and civil violence.
Error! Hyperlink reference not valid.
Consultation on the impact of armed conflict on children in the
Arab region (Cairo, August 1995)
18. This consultation was organized in cooperation with the
Economic and Social Commission for Western Asia (ESCWA) and
UNICEF. It made recommendations in the areas of children as
zones of peace, women as active agents for peace, community-
based approaches to psychological recovery and social
reintegration and education for tolerance and peace, and the role
of the media in armed conflicts. The consultation was preceded by
a Youth Forum organized by UNICEF, UNHCR and the Arab Scouts
Organization with participants from Egypt, Palestine, Yemen and
the Sudan. The Youth Forum and the participation of adolescents
in the regional consultation emphasized the importance of the
contribution of young people to the deliberations and decisions
that affect the quality of their lives.
19. The Arab consultation recommended two general actions: (a)
UNICEF, ESCWA and other appropriate partners in the Arab
region should document Arab experiences and lessons in
protecting children in conflict situations, with a view to providing a
platform for future Arab initiatives and allowing others throughout
the world to share Arab experiences and lessons; (b)
Governments, NGOs and other interested parties working in
cooperation with UNICEF and ESCWA should formulate a plan of
action within the framework of the full implementation of the
Convention on the Rights of the Child, including immediate,
medium- and long-term measures to protect children who suffer
violence or conflict situations.Error! Hyperlink reference not valid.
Consultation on the impact of armed conflict on children in west
and central Africa (Abidjan, November 1995)
20. The third regional consultation was convened in cooperation
with the ADB, ECA and UNICEF. This consultation examined the
patterns and underlying causes of armed conflicts in west and
central Africa, violence and sexual abuse against women and
children, child soldiers and the prevention of armed conflict and
mitigation of its impact on children and women.
21. At the consultation, participants representing a diverse range
of Governments, NGOs, agencies and elements of the civil society
established networks to follow three main areas for action: (a)
the promotion of the rights of the child in situations of armed
conflict - to promote child rights advocacy and networking at the
national and regional levels, as well as the application and
monitoring of international standards at the national level; (b)
regional networking in the area of trauma counselling for children
affected by armed conflicts - to establish and operationalize an
effective network system in the area of trauma counselling in the
west and central African subregions; and (c) national truth
commissions for reconciliation - to explore the potential of
national truth commissions as a mechanism at the national level
to help facilitate social reintegration and reconciliation. Error!
Hyperlink reference not valid.
Field visits to Angola, Cambodia, Lebanon, Rwanda and Sierra
Leone
22. Field visits to countries affected by armed conflicts will be a
central contribution to the preparation of the final report and
recommendations. They provide the expert with a first-hand
understanding of the ways in which many competing concerns in
the protection and care of children are addressed by actors at
the national, regional and international levels. In close
cooperation with Governments, UNICEF, UNHCR, the Centre for
Human Rights and national and international NGOs, the expert
visited Angola, Cambodia, Lebanon, Rwanda and Sierra Leone.
Main issues addressed throughout the visits included the
situation of refugees, internally displaced and unaccompanied
children, psychological recovery and social reintegration, juvenile
justice and judicial reform, child soldiers, and rape and gender
violence.
23. In addition, the field visit to Rwanda, in December 1994,
raised concern about HIV, and the role of human rights monitors.
Additional areas of concern raised during the Cambodia field visit
in May 1995 included orphans and street children, education,
land-mines, and the application of international and national
standards to the protection of children. The July 1995 visit to
Angola also focused on issues relating to military expenditure,
demobilization, legal protection, children with disabilities, and the
special needs of girls. Additional areas of concern raised during a
field visit to Lebanon in August 1995 included public health and
education, and transport systems. The expert visited Sierra
Leone in November 1995 in cooperation with the Special Envoy of
the Secretary General to Sierra Leone. The main issues included
child soldiers, mercenaries, and the accountability of non-State
parties to a conflict for the protection of children.
24. In accordance with its mandate and in consultation and
cooperation with Governments, relevant intergovernmental and
non-governmental organizations, a comprehensive research
programme of thematic papers and field-based case studies is
being undertaken. Special attention is being given to the
following issues as they affect children in situations of armed
conflicts: modern patterns of conflict; international law applicable
to children in armed conflict; children's experiences in armed
conflict, including children bearing arms, the indiscriminate use of
weapons of war, detention and torture, rape, sexual abuse and
sexual exploitation, education, health and nutrition, refugee and
displaced children, and children of minorities; post-conflict
physical and psychological recovery and social reintegration; and
the reinforcement of preventive measures.
25. The first in a series of seminars on selected thematic areas
was convened in cooperation with the World Conference on
Religion and Peace in Geneva in August 1995. The seminar
produced a statement and recommendations regarding the role
of the United Nations system, regional organizations,
Governments, people's movements, religious and civic leaders,
the media, NGOs and religious communities in the protection of
children in situations of armed conflict.Error! Hyperlink reference
not valid.
IV. MAIN ISSUES
26. To date, the expert has identified a number of main areas to
be considered in the final report and likely to be reflected in the
final recommendations of the study. These were drawn from,
inter alia, field visits, regional consultations and seminars. The
expert will also draw from studies and other research in
preparing the final report and recommendations.
A. Patterns of conflict
27. Economic, political and social crises have contributed to
ongoing conflicts and situations of prolonged insecurity in
countries in Africa, Eastern Europe, Asia and Latin America. The
collapse of functional Governments in many countries, the
personalization of power and leadership and the manipulation of
ethnicity and religion to serve personal or narrow group interests
have fomented inequalities, grievances and conflict.
28. Many conflicts can be characterized as "total wars" where
nothing is spared; not crops, nor women, children, schools,
health-care facilities or places of worship. Unbridled attacks on
civilians and rural communities have provoked mass flights and
displacement of entire populations in search of sanctuary within
and outside national borders. Children and women constitute the
overwhelming majority of affected civilians. Children have
increasingly become both targets and victims of conflicts
characterized by the indiscriminate destruction of lives and
property and unprecedented numbers of human rights violations
and have been manipulated as instruments for the perpetration
of violence and atrocities. Armed conflicts today call attention to a
fundamental collapse of human morality and respect for human
life at its most vulnerable.
29. The study will draw attention to emerging patterns of conflict
and their regional specificity as well as the challenges they pose
for the international community including humanitarian
organizations, Governments and civil society. Key issues that
concern the expert include the increasing trends toward internal
or intra-State conflicts and long-term situations of insecurity and
low-intensity conflict. The role that the media play in armed
conflicts, the use of mercenaries, gender violence, developments
in weapons technology and its consequences for children, and
the increasing militarization of society have been identified as
areas that deserve special attention.
30. Understanding the root causes of conflicts is essential to the
design of effective remedies to prevent conflicts from occurring,
and to develop strategies that provide relief and contribute to
long-term development, recovery and reconstruction. In
developing its recommendations, the study will consider the
historical patterns of socio-economic, political and cultural
development in countries affected by conflict, as well as issues
relating to governance.Error! Hyperlink reference not valid.
The impact of armed conflict on women
31. As activists, mothers, community leaders, professionals,
widows and breadwinners, women play a crucial role in
protecting children, and assume additional caretaking
responsibilities within the family and community as a result of
armed conflicts. It has been impossible for the study to assess
the situation of children affected by armed conflicts without
understanding the effects of armed conflict on women and their
role in mitigating its impact on children. In this context, the study
will look at the importance of protecting women's human rights,
and of the role of women's institutions and organizational efforts
at the local, national and international levels in responding to the
needs of children affected by armed conflict. The study has
identified an overwhelming need to document the nature and
consequences of violence against women, and to use gender
analysis to understand the differential impact of armed conflict on
men and women in order to design effective responses for the
protection and care of families. Despite the many legal, social and
cultural constraints to women's active participation in the public
sphere, women and women's organizations have played catalytic
roles in promoting peace and development in many countries
affected by conflict. The study will also identify ways and means
to enhance women's role in peace-making and conflict resolution
at the national, regional and international levels.Error! Hyperlink
reference not valid.
The relevance and adequacy of existing standards
32. The study will devote significant attention to the relevance
and adequacy of existing standards applicable to children in
armed conflict, in particular the provisions of the Convention on
the Rights of the Child. The legal protection of children in
situations of armed conflict is afforded, in particular, by
international human rights law and humanitarian law, and also by
national and regional instruments.
33. While the study may consider ways to strengthen existing
standards, it will also pay attention to related areas such as the
accountability of Governments in the promotion and protection of
children's human rights, the situation with respect to non-State
parties to a conflict, and the role the international community, the
United Nations, NGOs, other organizations, and the civil society
can play in upholding minimum standards of conduct in conflict
situations. The study will also address issues concerning the
application of international and regional instruments in situations
of civil strife and internal conflicts, and the relevance and
adequacy of standards in the protection of children of minorities,
indigenous peoples and children belonging to other
disadvantaged groups. Consideration will be given to the
activities, recommendations and decisions of human rights treaty
monitoring bodies and of thematic and country special
rapporteurs, representatives and experts.
Error! Hyperlink reference not valid.
The indiscriminate use of weapons of war
34. One of the fundamental rules of international humanitarian
law is the principle of distinction. This customary rule requires
that in all armed conflicts the parties to the conflict must
distinguish between the civilian population and combatants.
Neither the civilian population as such nor civilian persons shall
be the object of attack. Children benefit from this general legal
protection as long as they do not take a direct part in hostilities.
In many conflicts, however, children and their families have been
casualties of the indiscriminate use of weapons of war. The study
will assess the impact on children of light weapons and small
arms, and especially of land-mines and unexploded ordnance, as
well as the long-term impact on children and their environment of
the use of chemical weapons.
35. The expert took note of the fact that at the 1995 Review
Conference of the 1980 Convention on Prohibition or Restriction
in the Use of Certain Conventional Weapons which May be
Deemed to be Excessively Injurious or to have Indiscriminate
Effects, Governments were unable to reach agreement to
strengthen Protocol II dealing with prohibitions and restrictions
on land-mines. She encourages the adoption of further and
decisive steps in this field. She is convinced in fact that the only
viable long-term solution to the global land-mine epidemic is a
total and immediate ban on all land-mines, beginning with anti-
personnel mines.Error! Hyperlink reference not valid.
B. The experiences of children in armed conflict
Children as zones of peace
36. War violates virtually every right of a child - the right to live,
the right not to be separated from families and communities, the
right not to be party to violence, the right to a happy and healthy
life and to the harmonious development of the personality, and to
be nurtured and protected. Far worse, children and women have
become targets of genocidal sweeps and strategies to
destabilize and demoralize communities. The expert contends
that children must be considered zones of peace - inviolate from
the horrors of conflict. The study will explore experiences in which
measures to protect children during situations of armed conflict
have been used to help negotiate conflicts or establish "bridges
of peace" between conflicting groups, and to develop longer-term
measures around which parties to a conflict can resolve the
conflict and effect longer-term preventive, protection and healing
measures. The study will document efforts to declare "Days of
Tranquillity," and "Corridors of Peace" in countries such as the
Sudan and Lebanon to allow access to children in conflict
situations, and identify other strategies that ensure humanitarian
access to and protection of children in situations of armed conflict.
Within this framework, the study will examine children's
experiences as soldiers and civilians in armed conflict. It will look
at the physical and psychological effects of war, including rape,
sexual abuse and exploitation, the situation of refugee, displaced
and unaccompanied children, as well as the special needs and
concerns of girls and women.Error! Hyperlink reference not valid.
Children bearing arms
37. Despite the existence of various legal norms in both human
rights and humanitarian law which seek to prohibit or restrict the
recruitment into the armed forces and the participation of children
in armed conflict,"> children are increasingly found to be
bearing arms, particularly in situations of internal armed conflict
where civilian deaths and injuries are high. This phenomenon
affects children and young people in Asia, Latin America, Africa
and the Middle East, and recruitment of children has also
occurred in conflicts following the break-up of the former Soviet
Union. The study is working with a network of NGOs in some 30
countries that are now undergoing, or have recently undergone,
armed conflict to assess the involvement of those under 18 in
combat and combat-related activities. The study will pay
particular attention to the reasons and circumstances that lead to
direct and indirect forms of participation, the consequences for
victims and combatants, and practical possibilities for
demobilization, rehabilitation and reintegration.
38. In January 1996, an inter-sessional working group of the
Commission on Human Rights met for the second time to consider
a draft optional protocol to the Convention on the Rights of the
Child to raise to 18 the minimum age for the recruitment into the
armed forces and the participation of children in armed conflicts.
The expert believes that the consequences for children and for
other non-combatants fully justify this measure, although State
practice suggests that a minimum age of 18 may already be an
emerging norm of customary international law. The expert further
believes that the obligation not to recruit or to accept recruitment
into the armed forces and the obligation not to allow the direct or
indirect participation of persons under the age of 18 in hostilities
under the age of eighteen should be unequivocal. The obligations
should apply not only to governmental armed forces but also to
armed groups of non-governmental entities. The obligations
should be enforced by criminal penalties incorporated into the
domestic legislation of States.[back to the contents]
The physical impact and recovery of children affected by war
39. Access to data and information on child health in situations of
armed conflict is especially difficult. The study is concerned with
the ways in which children's health, determined by many factors
such as household food security and health and sanitation
services, is hampered and rendered more vulnerable by armed
conflicts. The study will pay close attention to the ways in which
armed conflicts affect health-care systems, the incidence and
treatment of acute and chronic illness, and the impact of armed
conflict on the lives of children with disabilities and in institutions.
The study will explore issues relating to women's reproductive
and sexual health owing to the increased incidence of rape and
sexual violence as a result of armed conflict, and the rapid spread
of HIV. The study will examine the nutritional situation of children
and their families in situations of armed conflict, the deterioration
of local coping mechanisms during conflict as well as interventions
that have succeeded in strengthening the capacity of the
population to support themselves. Recommendations will focus
on interventions that improve children's health and nutritional
status, such as primary health care and preventive medicine, as
well as the role that physicians and other professional
organizations can play in protecting children's rights.[back to the
contents]
Psychological recovery and social reintegration
40. The expert attaches major importance to children's
psychological and mental health, recovery and social
reintegration. Under articles 19 and 39 of the Convention on the
Rights of the Child, States are obliged to protect children from all
forms of mental violence or abuse and to strive to ensure that
victims of armed conflict have access to rehabilitative care. The
study will examine community-based approaches to children's
psychological recovery, with an emphasis on the role of the family
and education. The study will look at guidelines for programming
and the training of psychologists and paraprofessionals and will
draw on recent experience with post-traumatic stress disorder,
rehabilitation, occupational training, mental health and nutrition
in some countries. Research in these areas is expected to show
more clearly the magnitude of the problem of children affected by
armed conflict, to clarify needs and short- and long-term effects,
to suggest frameworks for intervention strategies, with particular
reference to critical stages of child development and the inter-
generational consequences of armed conflict, and to identify
programmes at the national level that successfully meet the
needs of all children affected by armed conflict or help to protect
children and young persons from such effects.
Gender violence, rape, sexual abuse and exploitation
41. Gender violence has become a systematic weapon of war and
repression. Although States parties undertake to protect the child
from all forms of sexual exploitation and sexual abuse, on the
basis of binding provisions in the Convention on the Rights of the
Child (art. 34), the Convention on the Elimination of All Forms of
Discrimination Against Women and other international
instruments, in situations of armed conflict and even in times of
peace, displaced and refugee women and girls are rendered
especially vulnerable to rape, sexual abuse and sexual
exploitation. Many women and girls lose their traditional
community supports, and their special reproductive and maternal
health care and mental health needs are often overlooked in the
design and delivery of humanitarian assistance. Health education,
preventive care and counselling are especially important for
women and girls who have been raped, who have undergone
female genital mutilation, or have been forced into prostitution
and have become more vulnerable to sexually transmitted
diseases and HIV/AIDs. Deeply concerned about these issues,
the study will assess the nature and extent of the problem and
suggest possible preventive and rehabilitative strategies. The
expert looks forward with great interest to the outcome of the
World Congress on the Commercial Sexual Exploitation of
Children (Stockholm, 27-31 August 1996) as it relates to the
issues of armed conflict. [back to the contents]
Detention and torture
42. Children in situations of armed conflict are often subjected to
torture and arbitrary detention. Different international
instruments including the Convention on the Rights of the Child
provide that no one shall be subjected to torture or other cruel,
inhuman or degrading treatment or punishment. These human
rights instruments have also established the legal norm that no
child shall be deprived of his or her liberty unlawfully or arbitrarily.
In the framework of the Commission on Human Rights, special
rapporteurs have been given mandates to monitor these
increasingly frequent phenomena. In the light of their reports, the
study will address the question of the incidence of torture and its
impact on children in the context of a particular conflict.[back to
the contents]
Refugee and displaced children
43. The situation of children displaced or forced to flee across an
international frontier as a consequence of armed conflict presents
challenges to the coordinated delivery of humanitarian assistance
and the protection of human rights. International instruments like
the Convention relating to the Status of Refugees and the OAU
Convention Governing the Specific Aspects of Refugee Problems
in Africa contain important human rights standards relevant to
the protection of children in armed conflict, including the principle
of non-refoulement. Children who are unaccompanied are at
particular risk of violence, abuse and exploitation; they need
special assistance and protection to deal with their educational,
physical and psycho-social needs.
44. Taking account of existing initiatives, including the work of the
Special Representative of the Secretary-General on internally
displaced persons, the study will focus on the family reunion
dimensions including prompt and effective tracing mechanisms, as
well as the emerging and no less serious problem of detention of
children. A substantial body of rules and standards already
confirms the principle of family reunion, whether children are
separated from parents by armed conflict or other events. In
practice, however, reunification is often frustrated or protracted,
resulting in further psychological damage to children and their
families. It is hoped that research in this area undertaken in
connection with the study will identify obstacles and present
realistic solutions, and that it will contribute to the principles of
protection for internally displaced persons which are emerging in
the related work of the United Nations.[back to the contents]
C. Prevention, conflict resolution, recovery and reintegration
45. The United Nations was established with the hope that future
generations would be spared the scourge of war. After 50 years,
the international community faces challenges that appear more
daunting than ever. Prevention is an area that has received
insufficient attention, within both the intergovernmental and the
non-governmental community. The study will consider various
preventive mechanisms, including the role of education, early-
warning systems, national truth commissions, demilitarization and
the reduction of arms transfers, the role of the military in conflict
resolution and the protection of civilians, the role of religious
communities in peace-making and women's role in prevention,
conflict resolution and peace-making.[back to the contents]
Education for development, peace and conflict resolution
46. Various international and regional human rights instruments
address the right to education. Whether through formal schooling
or non-formal learning processes, maintaining continuity in
children's education during armed conflict is critical not only to
ensure their cognitive development but also to promote their
psycho-social well-being. The Convention on the Rights of the
Child, in particular, recognizes this right and specifies that it shall
be directed to, inter alia, the development of the child's
personality, talents and mental and physical abilities to their
fullest potential and to the preparation of the child for
responsible life in a free society, in the spirit of understanding,
peace, tolerance, equality of the sexes and friendship among all
peoples, ethnic, national and religious groups and persons of
indigenous origin. The study will consider existing efforts to
provide education to children affected by armed conflict and
suggest possible means of improved service delivery during and
after conflict. The study recognizes the need to review and
analyse existing practices in the design, implementation and
evaluation of curricula reforms, targeting those who have missed
education opportunities because of conflicts, education and
training for demobilized soldiers, and the importance of training
teachers and facilitators. The study will also address the
importance of education in promoting tolerance, mutual respect
and understanding and conflict resolution. [back to the contents]
Achieving justice and reconciliation in post-conflict situations
47. Truth commissions have proven their importance as a means
to facilitate social reintegration and reconciliation. Building on the
experience of truth commissions, including South Africa's newly
established Truth and Reconciliation Commission, the study will
explore their potential to ensure justice for victims and to
facilitate healing, reconciliation and the reconstruction of affected
families, communities and nations. Strategies to document human
rights violations as well as mechanisms of recourse are especially
important. The question of criminal responsibility with reference
to war crimes and crimes against humanity and the situation of
children accused of genocide will also be considered. [back to the
contents]
Demilitarization, arms transfers, and the role of military and
security establishments
48. The amassing of arms and excessive levels of military
expenditure divert resources away from human development and
greatly diminish chances to ensure the survival, protection and
development of children in situations of armed conflict. The
transfer and supply of arms to conflict areas has been associated
with the increased incidence of death and injury, most notably
among civilian populations. In developing recommendations
regarding preventive measures, the study will consider the arms
trade as well as trends towards increased military expenditure.
49. In considering alternative arrangements for collective security
enhancement through non-military means and inter-country
cooperation, the study will also address the role of the military
and security establishments in protecting civilians, upholding
national, regional and international standards, and in national
reconstruction efforts. [back to the contents]
V. FUTURE ACTIVITIES
50. Throughout 1996, the study will convene consultations at the
regional level in Asia (Philippines, March 1996), Latin America
(Colombia, April 1996), and Europe (April 1996). Field visits are
scheduled to take place in Northern Ireland, Latin America and
Eastern Europe. Additional seminars will be convened on related
areas: on children growing up in situations of ongoing conflict
such as Palestine, Colombia, South Africa and Northern Ireland
(Belfast, February 1996); on the role of the military in protecting
civilians and in conflict resolution and reconstruction in Africa
(Addis Ababa, 1996); and on the physical and psychological
recovery of children in Mozambique (Maputo, 1996). The study will
finalize a number of studies and field-based research, and
continue to work closely with Governments, organizations, NGOs
and the civil society. Additional studies are planned to develop
national strategies for action in Mozambique and Angola. All of
these activities will make a central contribution to the preparation
of the final report and recommendations.[back to the contents]
VI. CONCLUSION
51. In an environment of increasing global awareness about
human rights, the fundamental human rights of children continue
to be violated with appalling and seemingly relentless brutality.
Amidst the plethora of armed conflicts scarring the continents of
Africa, Asia, the Americas and Europe, children are murdered,
tortured, raped, abused and exploited - on occasion by those
entrusted with their protection and care. The signature of a
peace agreement or a cease-fire rarely signals an end to the
misery that armed conflicts inflict on children. Whether the targets
or the perpetrators of violence, children who survive armed
conflicts endure an assault on their moral, social, physical,
psychological, cultural and spiritual development. The survival of
humanity depends upon their recovery and reintegration and the
ability to ensure the protection and care of future generations.
52. The study on the impact of armed conflict on children aims to
give new coherence and fresh impetus to the efforts of the
international community to protect children from the effects of
armed conflicts. On the basis of work undertaken over the past
year, the expert has recognized the need for widespread
mobilization of and cooperation from Governments, United
Nations bodies, the specialized agencies, regional organizations
and NGOs around the issues of children and war, and of the need
to strengthen cooperation among all actors at the international,
regional and national levels.
53. The expert appreciates and will continue to rely upon the
active support of international, intergovernmental and non-
governmental organizations throughout the world. The study's
process of consultation has been essential to its work, and the
direct participation of children affected by armed conflicts in the
work of the study has deeply enriched its understanding of the
issues.
54. The expert will draw upon a wealth of practice and
experience in order to appraise the needs of children affected by
armed conflict and to prepare specific and wide-ranging
recommendations for action at the national, regional and
international levels. The study will produce a series of
publications on selected thematic areas as well as a book-length
publication developing the major issues and recommendations
emerging from its work. The final report and recommendations of
the expert will be presented by the Secretary-General to the
General Assembly at its fifty-first session.[back to the contents]
Note
"> Convention on the Rights of the Child, article 38; Protocol I
Additional to the Geneva Conventions of 12 August 1949, article
77 (2); Protocol II Additional to the Geneva Conventions of 12
August 1949, article 4 (3) (c). [back to the text]
HOME | SITE MAP | SEARCH | INDEX | DOCUMENTS | TREATIES |
MEETINGS | PRESS | STATEMENTS
© Copyright 1996-2000
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland