1 critical issue module 7 children associated with armed forces or armed groups
TRANSCRIPT
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Topic 1
The issue for children
Topic 2
The law and child rights
Topic 3
Assessment and situation analysis
Topic 4
Planning and implementation
Topic 5
Monitoring, evaluation and learning
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Topic 1
The issue for children
Working with children associated with armed forces or armed groups:
approach and key principles
Key learning points
The recruitment and use of children by armed forces or armed groups is a
gross violation of their rights and must be addressed urgently. Recruitment
occurs for a vast range of reasons and reflects a failure on the part of duty
bearers to provide protection for children.
The participation of those affected: children, their families and communities,
in all aspects of prevention, protection, release and reintegration is essential.
Measures to prevent recruitment and support the release and reintegration of
children from armed forces or groups should be carried out within a broad
child protection framework that includes all children affected by emergencies.
Targeting individual children is likely to increase the stigma and impede
reintegration and should be avoided.
(Continued)
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The specific needs of girls and their children should be given particular
attention in all aspects of work with children associated with armed forces or
groups. One way to achieve this is through ensuring programmes are
sufficiently flexible to respond to their stated needs.
Continuous efforts will be required to educate donors and advocate for
flexible and long-term funding.
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Topic 2
The law and child rights
A rights-based approach; legal and normative framework relating to
recruitment and use of children by armed forces or armed groups
Key learning points
A child rights-based approach, meaning that all interventions are developed
within a human rights framework, should underpin all actions to prevent
recruitment, support the release and reintegration of children and provide
protection.
A child development perspective should inform all aspects of work with
children associated with armed forces or groups. This should include
recognising the individual capacities and resources of children in surviving
and overcoming their difficulties.
In addition to legal instruments, a range of non-binding standards or
principles apply to the recruitment of children associated with armed forces
or armed groups.
(Continued)
6
Knowledge of national law, customary law and practices of communities is
also very important for those working with children associated with armed
forces or armed groups.
An understanding of relevant law and standards is essential in order to lobby
parties to the conflict and the international community to fulfil their legal
responsibilities and also to guide the assistance and protection of children.
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Relevant CRC articles
Article 38
The protection of children in armed conflict
Article 20
Protection of children without families
Article 39
Recovery and social reintegration
Articles 28 and 29
The right to education
Article 37
Prohibition of torture and the deprivation of liberty
Article 40
Treatment in the juvenile justice system
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Other human rights treaties which protect children from recruitment
The ILO Convention No 182 on the Prohibition and immediate action
for the elimination of the worst forms of child labour, which defines
forced and compulsory recruitment of children in armed conflict as one of
the worst forms of child labour (and defines children as under 18 years).
The Rome statute of the international criminal court, which states
that conscripting or enlisting children under 15 years into national armed
forces or groups or using them to participate actively in all kinds of
hostilities, is a war crime.
The Guiding principles on internal displacement (1998), which state
that in no circumstances shall displaced children be recruited nor be required
or permitted to take part in hostilities.
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Regional instruments and initiatives relevant to the prevention
of child recruitment
The African charter on the rights and welfare of the child, which is
legally binding for the countries which have ratified it, establishes the age
of 18 as the minimum age for recruitment and participation in any armed
force or armed group.
Association of South-east Asian nations (ASEAN) Declaration on the
commitments for children in ASEAN (2001).
The adoption of Guidelines on children and armed conflict by the European
Union in 2003 and the Implementation strategy for the guidelines agreed
in January 2006.
Resolution 1904 of the Organisation of American states in 2002.
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Topic 3
Assessment and situation analysis
Understanding the reasons for recruitment
Key learning points
Children are recruited into armed forces or armed groups for many different
reasons and as a result of different underlying causes.
Situation analysis is critical in order to understand the precise interplay of
factors relating to recruitment in any situation and develop strategies that
respond to these factors, and should include: a gender analysis, analysis of
power dynamics and the motivation of those recruiting children.
Where possible a child rights situation analysis (CRSA) should be undertaken
which considers all the rights children are not enjoying, including protection
from recruitment. This should be carried out within the context of a broader
situation analysis relating to the emergency and humanitarian response.
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Topic 4
Planning and implementation
Implementation strategies: prevention of and response to recruitment
Key learning points
Where there is evidence of recruitment, or the potential for this to take place,
urgent actions should always be taken to prevent recruitment.
A prevention strategy should include: the application of relevant law and
standards, practical measures to improve children’s safety and programming
to prevent recruitment within a broad child protection framework.
The prevention strategy should be designed in consultation with children,
families and communities. It should build on and develop the children’s, their
families’ and their communities’ own actions to prevent recruitment.
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Topic 5
Monitoring, evaluation and learning
Key learning points
Indicators must measure the reintegration of CAAFAG and their wellbeing
following their reintegration into family and the community. But reintegration
is a long-term process.
Monitoring and evaluation should assess whether CAAFAG are being
appropriately identified and protected through programme implementation
without causing stigmatisation. Especially girls fall through the cracks of the
systems and programmes need to monitor and evaluate whether the gender
dimension has been addressed appropriately.
A monitoring and evaluation system should be set up at the start of a
programme with indicators, collecting, analysing and using data to improve
the wellbeing of vulnerable children, CAAFAG or others.
Rights-based monitoring and evaluation should be participatory, thereby
involving children themselves, culturally appropriate, ethical and monitor
fulfilment of rights as well as needs.