Summary: The report (CRC/C/16) includes
recommendation to the General
Assembly on children in armed
conflict (Chap I, pp. 2-3 and Annex VI
pp. 58) a follow-up of the Day of
General discussion (Chap IV, G para
173-180, pp. 28-29), Memorandum
on children in armed conflict (Annex
V), Preliminary draft of the optional
protocol on involvement of children in
armed conflicts (Annex VII).
The Committee devoted its 38th and 39th meetings, on a Day
General Discussion on “Children in armed conflicts” (5 October
1992).
The report on the second session of the Committe of the Rights
of the Child was adopted by the Committee at its 46th Meeting, 9
October 1992 (CRC/C/10). It includes an overview of the Day of
General Discussion on "Children in Armed Conflicts” (chap. 3, I ,
paragraphs 61-77, pp. 20-23).
The following are extracts from the Report on the third session of
the Committee on the Rights of the Child (11- 29 January 1993)
5 March 1993
Extract of the Report on the third session (11- 29 January 1993)
of the Committee on the Rights of the Child (CRC/C/16). It
includes
- recommendation adopted on children in armed conflict to the
General Assembly (Chap I, pp. 2-3 and Annex VI pp. 58)
- a follow-up of the Day of General discussion (Chap IV, G para
173-180, pp. 28-29),
- a Memorandum on children in armed conflict (Annex V),
- Preliminary draft of the optional protocol on involvement of
children in armed conflicts (Annex VII).
I Recommendations adopted by the Committee of the rights of
the Child
1. Children in armed conflicts: recommendation to the General
Assembly
The Committee on the Rights of the Child,
Recalling that in accordance with the provisions of article 45 (c) of
the Convention, the Committee may recommend to the General
Assembly to request the Secretary-General to undertake, on its
behalf, studies on specific issues relating to the rights of the
child,
Further recalling that at its second session the Committee
devoted one day to a general discussion on the topic "Children in
armed conflicts", having discussed the relevance and adequacy of
existing standards applicable in the framework of children in
armed conflicts; the measures to ensure effective protection to
children in situations of armed conflicts and the promotion of
physical and psychological recovery and social reintegration,
Having concluded that in order to focus greater attention on the
serious problem of children in armed conflicts, a major United
Nations study should be undertaken,
1. Recommends to the General Assembly, in accordance with
article 45 (c) of the Convention, that it request the Secretary-
General to undertake a study on ways and means of improving
the protection of children from the adverse effects of armed
conflicts; for this purpose, the Secretary-General might wish to
invite the cooperation of relevant specialized agencies, other
United Nations organs, non-governmental organizations and the
International Committee of the Red Cross;
2. Requests the Secretary-General to bring this recommendation
to the attention of the General Assembly for consideration at its
forty-eighth session.
Annex VI
CHILDREN IN ARMED CONFLICTS: RECOMMENDATION TO THE
GENERAL ASSEMBLY
1. In accordance with the provisions of article 45 (c) of the
Convention, the Committee on the Rights of the Child may
recommend to the General Assembly to request the Secretary-
General to undertake, on its behalf, studies on specific issues
relating to the rights of the child.
2. At its second session held in September-October 1992, the
Committee devoted one day to a general discussion on the topic
"Children in armed conflicts". The main issues discussed included
the relevance and adequacy of existing standards applicable in
the framework of children in armed conflicts; the measures to
ensure effective protection to children in situations of armed
conflicts and the promotion of physical and psychological recovery
and social reintegration. The report of the Committee on its
second session (CRC/C/10, paras. 61-77) and the summary
records of its 38th and 39th meetings (CRC/C/SR.38 and 39)
reflect the discussion of the issues at the Committee's second
session. The Committee further discussed these problems at its
third session (11-29 January 1993).
3. The Committee concluded that in order to focus greater
attention on the serious problem of children in armed conflicts, a
major United Nations study should be undertaken. It is clear that
children suffer badly in current armed conflicts; humanitarian law
standards are frequently violated or do not cover all relevant
situations. Attempts to organize "corridors of peace" or "days of
tranquillity" for the sake of humanitarian needs have not always
been welcomed by the parties involved. There is therefore a need
to review the international response to these urgent problems
and discuss new approaches to their solution. Accordingly, the
Committee recommends to the General Assembly, in accordance
with article 45 (c) of the Convention, that it request the Secretary-
General to undertake a study on ways and means of improving
the protection of children from the adverse effects of armed
conflicts. For this purpose, the Secretary-General might wish to
invite the cooperation of relevant specialized agencies, other
United Nations organs, non-governmental organizations and the
International Committee of the Red Cross.
4. The Committee requests the Secretary-General to bring this
recommendation to the attention of the General Assembly for
consideration at its forty-eighth session.
IV Overview of the other activities
G. Children in armed conflicts
173. Following the holding, at its second session, of a general
discussion on children in armed conflicts, the Committee decided
to establish a working group composed of some of its members,
entrusted with the task of submitting, at the third session of the
Committee, proposals for the follow-up to be ensured to that
discussion, in the light of the different concerns expressed and
the diversity of the measures suggested (CRC/C/10, para. 76).
174. The working group presented an oral report to the
Committee on its activities reflecting the consideration it had
given to the plurality of possible measures to be undertaken in
this respect, including the level of priority they might deserve. It
emphasized once again the relevance of the general discussion
for the study and the deeper understanding of this outstanding
reality and for the establishment of an important framework for
its future activities.
175. The Committee recognized the need to ensure continuous
attention to this problem and to benefit from the experience of its
examination of States parties' reports to envisage further steps,
in particular for the consideration of a general comment or the
draft of a set of recommendations or specific guidelines.
176. The Committee envisaged the adoption of the following
priority measures:
(a) To recommend, in view of the serious way in which armed
conflicts affect the enjoyment by children of their basic rights and
in order to focus greater attention on this reality, to the General
Assembly to request the Secretary-General to undertake, in the
light of article 45 (c) of the Convention, a study on ways and
means of improving the protection of children from the adverse
effects of armed conflicts (see annex VI to the present report);
(b) To entrust one of its members with the task of preparing a
preliminary draft of an optional protocol to the Convention,
raising to 18 years the age mentioned in article 38 of the
Convention. This preliminary draft is to be found as annex VII to
the present report. In this framework, the Committee encouraged
States parties to give consideration to the adoption of possible
measures aimed at raising the age mentioned in article 38 to 18
years;
(c) To address the issue of the involvement of children in armed
conflicts in a recommendation to be submitted to the fourth
session of the Preparatory Committee for the World Conference.
The Committee believes, in fact, that following the adoption by
the General Assembly of the provisional agenda of the World
Conference, this issue might be an important topic to raise in the
framework of the item concerning contemporary trends in and
new challenges to the full realization of all human rights of
women and men, including those of persons belonging to
vulnerable groups;
(d) To include in the list of topics identified by the Committee as
possible subjects for study the question of recovery and
reintegration, in the light of article 39 of the Convention.
177. Finally, the Committee welcomed the decisive and important
contribution made to the general discussion on children in armed
conflicts by the different bodies invited, the Special Rapporteur of
the Commission on Human Rights on the sale of children, United
Nations organs, specialized agencies and other competent
bodies, including non-governmental organizations, which had
ensured a lively dialogue, an in-depth consideration of the
different areas covered and an overall approach to this reality, in
the framework of the Convention on the Rights of the Child.
178. The Committee therefore decided to send a letter to those
who had participated in the general discussion to thank them for
their contribution and to inform them about the follow-up
measures adopted by the Committee.
179. The Committee considered, in the framework of the general
discussion on children in armed conflicts, the serious situation of
children in the former Yugoslavia and the reports of violations of
fundamental human rights, including allegations of rape of girls
and women in Bosnia-Herzegovina.
180. The Committee recalled in this perspective the ratification by
Yugoslavia of the Convention on the Rights of the Child, in
January 1991. It also took note of the consideration by the
Human Rights Committee of the situation in Croatia, Bosnia and
Herzegovina, and Yugoslavia. In view of the gravity of the
situation and the need to envisage ways to alleviate the plight of
the affected children and to ensure the full respect and protection
of their rights, the Committee decided to bring its concerns to the
attention of the Special Rapporteur appointed by the Commission
on Human Rights to follow the situation of human rights in the
territory of the former Yugoslavia. The Committee furthermore
invited the Special Rapporteur to take part in its discussions on
the question of "children in armed conflicts". Through such a
dialogue, the Committee would have expected to raise a wider
awareness of the way in which armed conflicts affect children,
particularly when they are even used as a target for military
strategy, and to encourage the consideration of measures guided
by the best interests of the child. It would have also hoped that
these concerns might be reflected in the reports to be submitted
by the Special Rapporteur to the Commission on Human Rights.
Since it was not possible to benefit from his presence, the
Committee decided to address a recommendation to the Special
Rapporteur, requesting him, in fulfilling his mandate and
preparing his future reports, to take the Convention on the
Rights of the Child into full consideration (see chapter I,
recommendation 3). It further expressed its willingness to meet
the Special Rapporteur at one of its future meetings, in order to
pursue the consideration of this issue.
Annex V : MEMORANDUM ON CHILDREN IN ARMED CONFLICTS
1. The Convention on the Rights of the Child, adopted by the
United Nations General Assembly on 20 November 1989 and in
force since 2 September 1990, has been ratified by an
unprecendented number of States.
2. In accordance with article 38 of the Convention, States parties
"undertake to respect and to ensure respect for rules of
international humanitarian law applicable to them in armed
conflicts which are relevant to the child" and to "take all feasible
measures to ensure protection and care of children who are
affected by an armed conflict". Article 39 requires that States
parties take all appropriate measures "to promote physical and
psychological recovery and social reintegration of a child victim of
... armed conflicts".
3. None the less, in many parts of the world children are deeply
affected by armed conflicts and are prevented from enjoying their
fundamental rights and freedoms. There are numerous cases
where parties to armed conflicts do not comply with the rules of
international humanitarian law.
4. At its second regular session, in October 1992, the Committee
on the Rights of the Child established by the Convention held a
general discussion on the topic "Children in armed conflicts", for
the purpose of stressing the outstanding importance of this issue
in the context of the promotion and protection of children's rights.
5. In view of the different contributions made and the problems
considered, the Committee reflected in its report "a need for a
continuous response to the outstanding and complex question of
children in armed conflicts" (CRC/C/10, para. 75). At its third
regular session, in January 1993, the Committee recognized that
this issue might be an important topic to be raised in the
framework of the item on the provisional agenda of the World
Conference on Human Rights, to be held in Vienna in June 1993,
entitled "Consideration of contemporary trends in and new
challenges to the full realization of all human rights of women and
men, including those of persons belonging to vulnerable groups".
6. To this end, the following text was prepared for consideration
at the World Conference:
"The World Conference on Human Rights,
"Taking into account that children are very often the victims of
inhuman acts and suffer serious harm as a result of armed
conflicts,
"Stressing the need for special protection for children in areas of
armed conflicts,
"Confirming its commitment to ensure, under all circumstances,
full respect for human rights and especially the rights of the child,
"Welcoming the efforts of the Committee on the Rights of the
Child to achieve progress in protecting children from harmful
consequences of armed conflicts,
"1. Recognizes the need to strengthen measures of protection of
children in situations of armed conflicts;
"2. Expresses its belief that full compliance with the rules of the
humanitarian law relating to the protection of children in armed
conflicts should always be ensured;
"3. Urges all States and all parties involved in armed conflicts to
take all necessary measures to ensure that children are
adequately protected from all kinds of negative effects of armed
conflicts and can effectively enjoy their rights."
Annex VII : PRELIMINARY DRAFT OPTIONAL PROTOCOL ON
INVOLVEMENT OF CHILDREN IN ARMED CONFLICTS
The States Parties to the present Protocol,
Encouraged by the fact that an unprecedented number of States
have to date become parties to the Convention, thereby
demonstrating the widespread commitment that exists to strive
for the promotion and protection of the rights of the child,
Reaffirming that the rights of children require special protection
and call for continuous improvement of the situation of children all
over the world, as well as for their development and education in
conditions of peace and security,
Considering that to further implement the rights recognized in the
Convention on the Rights of the Child, there is a need to
strengthen the protection of children involved in armed conflicts,
Believing that the involvement in hostilities of persons who have
not attained the age of eighteen years is harmful for them
physically and psychologically and affects the full implementation
of the rights of the child, including the right to life,
Noting that Article 1 of the Convention recognizes every human
being below the age of eighteen years to be a child, unless under
the law applicable to the child, majority is attained earlier,
Recognizing that Article 38 of the Convention admits recruitment
of persons into armed forces and their direct participation in
hostilities after the attainment of the age of fifteen years,
Taking into account that many States Parties to the Convention
have expressed their determination, including through unilateral
declarations upon signature or ratification, not to recruit into their
armed forces persons below the age of eighteen years,
Convinced that an optional protocol to the Convention, raising
the age of possible recruitment of persons into armed forces [and
their direct participation in hostilities] to eighteen years, will
contribute effectively to the implementation of the principle that
the best interests of the child are to be a primary consideration in
all actions concerning children, while giving States Parties which
find themselves in a position to do so the possibility to adhere to
such a protocol,
Have agreed as follows:
Article 1
States Parties shall take all feasible measures to ensure that
persons who have not attained the age of eighteen years do not
take part in hostilities.
Article 2
States Parties shall refrain from recruiting any person who has
not attained the age of eighteen years into their armed forces.
Article 3
Nothing in the present Protocol shall be construed so as to
preclude provisions in the law of a State Party or in international
instruments and international humanitarian law which are more
conducive to the realization of the rights of the child.
Article 4
No reservation is admissible to the present Protocol.
Article 5
The States Parties to the present Protocol shall include in the
reports they submit to the Committee on the Rights of the Child,
in accordance with article 44 of the Convention, information on
the measures that they have adopted to give effect to the
present Protocol.
Article 6
The provisions of the present Protocol shall apply to the States
Parties instead of article 38, paragraphs 2 and 3, of the
Convention.
Article 7
1. The present Protocol is open for signature by any State which
is a party to the Convention or has signed it.
2. The present Protocol is subject to ratification or open to
accession by any State which has ratified or acceded to the
Convention. Instruments of ratification or accession shall be
deposited with the Secretary-General of the United Nations.
3. The Secretary-General of the United Nations in his capacity as
the depositary of the Convention and the Protocol shall inform all
States Parties to the Convention and all States which have
signed the Convention of the deposit of each instrument of
ratification or accession to the Protocol.
Article 8
1. The present Protocol shall enter into force three months after
the deposit of the tenth instrument of ratification or accession.
2. For each State ratifying the present Protocol or acceding to it
after its entry into force, the present Protocol shall enter into
force one month after the date of the deposit of its own
instrument of ratification or accession.
Article 9
Any State Party may denounce the present Protocol at any time
by written notification to the Secretary-General of the United
Nations, who shall thereafter inform the other States Parties to
the Convention and all States which have signed the Convention.
Denunciation shall take effect one year after the date of receipt
of the notification by the Secretary-General of the United Nations.
Article 10
1. The present Protocol, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be
deposited in the archives of the United Nations together with the
Convention on the Rights of the Child,
2. The Secretary-General of the United Nations shall transmit
certified copies of this Protocol to all States Parties to the
Convention and all States which have signed the Convention.