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Children still Playing War Game: “A Research on the

Trends and Developments of Recruitment Practices and Usage of Child Soldiers in

Burma”By:

ANNA ROSARIO DEJARLO MALINDOGFOUNDER/EXECUTIVE DIRECTOR

PEOPLES PARTNER FOR DEVELOPMENT AND DEMOCRACY (PPDD)

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TABLE OF CONTENTS

I. Facts and Figures on Burma2

II. Executive Summary

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III. Introduction 7 Objectives of the Report 9 Timeframe and Limitations of the Report

9 Research Methodology 10

IV. Contextualizing the Issue of Child Soldiers10

Child Soldiers A Global Pandemic10

Definition of Child Soldier 12 International Standards and Laws Concerning 12

Child Soldiers

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V. Child Soldiers and Burma in Context16

General Condition of Children in Burma16

The Committee to Prevent the Recruitment of Child Soldiers: A Perennial Challenge towards Effective Implementation

17 The Unfolding of NSA Policy on the Recruitment

23 and the Use of Child Soldiers

VI. Historical Review and the Massive Militarization in Burma24

VII. Contemporary Patterns and Characteristics of Armed Conflict 26

in Burma and the Pervasive Practice of Child Soldiers

A. Child Soldiers in the Burmese Military26

Government

A1. Patterns of Recruitment26

A2. Child Soldiers in Detention and Training 29 CentersA3. The Life and Plight of Child Soldiers in Military 32 and its EffectsA4. Lack of DDR Programs and Process in the Burmese 35 Military

B. Child Soldiers in Non-State Actors(NSA)/ Opposition 37 Armed Groups

VIII. Analysis and Conclusion 39

IX. Recommendations 42

I. Facts and Figures on Burma

Country Name Union of Myanmar

Population 48.9 million (18.7 million under 18)

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Capital Rangoon

Surface Area 676,552 km²

Nature of the Regime Military Dictatorship dominated by the SPDC (State Peace and Development Council)

Head of State General Than Shwe

Life Expectancy 56 years old

Adult Literacy 84.7 % (officially)

Average number of family members 5.25 (figure from 1997)

GDP per Inhabitant 1,027 dollars

Infant Mortality (1995-2000): 92.2%

Urban Population 27.3%

National Currency Kyat (1 US dollar = 6.2 kyats at the official rate, but between 800 and 1,000 on the black market at the start of 2003)

Religious affiliation Buddhists (85%), animists (5%), Christians (4.5%), Muslims (4%), Hindus (1%)

Tatmadaw 380,000 (estimate)

Voting Age 18 years old

Treaty Ratified Convention on the Rights of the Child (CRC)

II. Executive Summary

“At the age of 15, I was kidnapped on my way to my parents’ house in Twante Township, Rangoon Division. While waiting at the

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railway station I was abducted by SPDC authorities. The authorities told me that I would be temporarily used as a porter for the military that lasted a month. In reality, I was forced to enlist in the army and is now serving as a soldier in Light Infantry Battalion # 328 Base on Mie-sat Town, Shan State”.1

Former child soldier, recruited into the Burmese military in 2003, at the age of fifteen

“I entered the military because my family is poor. I want to be a captain in the army”. My father is a farmer and my mother is just a housewife. My father’s income from the farm is not enough to support all of us. Another reason why my father’s income could not support us well is because most of our farming land has been confiscated by the army and used it to build military camps in our area. I have four siblings and all of us depend on our father’s income”. 2


On January 2006 the Burmese Army ordered forcible recruitment of soldiers. The military junta Light Infantry Battalion LIB 550 based in Ponna Kyunt Township, Arakan State directed village tracts under its control to recruit soldiers and send them to LIB 550. The order was that 10 soldiers from each village tract have to be recruited. In case of failure, the villages would be fined 50,000 kyat and the Chairman of Village Peace and Development Council must send fines to the battalion in person.

The villages that received the order, include Poripyin, Yahaphtaung, Wapo (Sittwe Township), Tankho, Tanswe, Kyawzan, Sinthi, Khuithi, Kyaukseik, Yoongu, Kyansauk, Yotayoke, Thayetcho and Pyinsharshe. These villages must send 25 trainees from each big village tract and 21 trainees from small village tract to the People’s Militia Training, which will start soon.3

1 Excerpts from an interview with a former child soldier conducted by Yoma (3) News Service, 2004


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The recent directives of the military junta to conduct forced recruitment of more soldiers for the Burmese Army will to a greater degree lead to the high density vulnerability of children to be forcibly recruited as child soldiers. And this hypothesis that has been tested to be true to a considerable degree by the 50 interviews with former child soldiers done by the Human Rights Education Institute of Burma (HREIB) and Yoma (3) News Service within 2004 - 2005. Based on the findings of the research, children agreed to join the military due to coercion and deception. And these acts are being reinforced by underlying economic, political, cultural, and social factors that pressure children to become child soldiers. Most child soldiers in Burma were forcibly recruited. Force here does not only refer to physical violence or coercion but also refers to deception, lies and seduction. Some of these child soldiers expressed that the reason for joining the military is due to the perception that the armed force is the only alternative for children in families who cannot afford to care for them. Poverty and lack of alternative work/employment are critical factors leading to easy recruitment of children – some children joined the army because they were informed that they will receive salary as soldier. Indeed, most if not all, child soldiers came from families who are in impoverished conditions.

In terms of recruitment styles and patterns, the Burmese Army used various strategies. In most cases according to most of the interviewees of this report paper, recruitment teams are often in civilian clothing and carrying concealed weapons. Their favorite spots are railway and bus stations, toilets, ferry and boat docks, festivals, markets, busy places, and streets near schools. Usually the recruiters look for children who are around 11 or 12 years of age who don’t know anything yet and who usually are not with their parents.

The junta also adopted the so-called “quota system”. Local authorities are being given recruitment quotas and if they are not able to meet the quotas, they are being fined and if they did reach the quota they will be given incentive. This resulted in the latent recruitment of children to the army. The recruitment team in order for them to meet the quota usually used force and intimidation to convince lads to voluntarily enlist in the army. The most common method is to ask and see the lads’ identity cards. When they cannot produce any they are faced with options of going to jail or join the military. This strategy singled-out children below 18 years of age first and foremost because these children does not know there is no law specifying a jail term for failure to produce an identity card, and secondly, many children under 18 years have not yet obtained 3 Narinjara News 1/9/2006 http://www.narinjara.com

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http://www.narinjara.com/

identity cards. Some of these child soldiers have been initially recruited as forced laborers and then being handed over to the military to be child soldiers.

Nearly all of the children that have been interviewed went through military training and were sent out to the frontlines to fight the so-called “rebel groups”. Most of the children were pushed to commit human rights abuses against civilians (ordinary people) and even against their own classmates during their military training. It is but evident in the interviews conducted that these children underwent some kind of military training though most of them felt that they don’t want to go through these military activities because they thought and felt that they are not yet prepared for it emotionally, physically and mentally. New recruits are being kept, taken and detained at the local army post, police station or recruiting office where the recruiters are based. Each recruit has a filled-out registration form. In the form, the age of the child recruit is recorded to be 18 though he/she is only 12 or 13 years of age.

In as far as the conditions in detention cells is concerned most of the interviewees shared that it is horrible. In Burma, according to the information gathered by Human Rights Watch there are at least 22 basic military camps, as well as two or more training camps for non-commissioned officers, three officers training schools, and a number of specialized training schools. Many infantry and light infantry battalions also give refresher courses on landmines, and other secondary training.

Child recruits are usually detained in large barracks. Their training usually starts as early 6:00 o’clock in the morning with running and other physical training. As the training progresses, the use and maintenance of weapons dominates and eats up most the training time. Military parades, small arms, large weapons, military tactics, sent troops for battle are the concerns of the military training. In all military camps the children are treated harshly. Small mistakes committed by the recruits usually lead to beating. In addition to military training, most trainees spend at least two to three hours of their time working for the camp officers. This usually takes place late in the afternoons of Sundays and Saturdays. Recruits usually spend the same amount of time doing labor work for the camp officers as well as learning to be a soldier.

In most cases child soldiers suffer from mental, emotional and physical exhaustion. This is because of the fact that their bodies could not yet accommodate or not yet ready to the load of activities they have to undergo in order to fulfill what it requires to be in the military training. Almost every night, many child soldiers are crying in their barracks beds quietly because of frustration, sadness and the hardships they have to undergo in the training centers.

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This dismal condition of child soldiers in training camps is being intensified by the reality that even the food being provided to them during training is extremely of low quality and nutrition. Another source of frustration and disappointment among the recruits is the fact that they don’t have means and access to contact their families and love ones. The Burmese army does not provide any means of communication for these child soldiers to connect with their families. In a way, recruits are kept in the military barracks like prisoners.

When training is over, the interviewees shared that they have different and various functions and roles as child soldiers. Most of these roles pose threats to their lives and harmful to them and this is being intensified by the kind of environment they have which has higher proximity to violence and conflict compared to any other kind of surroundings. Most of them were used as front liners during military confrontation with the so-called rebel or insurgent groups. Some of them served as spies and guards in checkpoints or messengers. Others served as porters, cooks, sentries and maids of the high ranking military officials. In performing these roles and functions, they are expected to have the same physical rigor and strengths as adult soldiers have which made their bodies vulnerable to different kinds of illnesses and made them physical exhausted. Whenever they could not perform their roles based on the expectations of their superiors, they will face severe consequences usually in the form of beatings.

On the one hand, some child soldiers are selected for special duty. Others are sent to ordinary units and being assigned to the hardest and dirtiest jobs. Moreover, a large number of child soldiers are sent to be directly involved in combat of which in most cases they usually do not know the reason why there are in the front-lines and who are they fighting for. Most of them are terrified and scared facing the so-called “enemies”. However, because of their consistent exposure to this condition, they get easily adjusted to combat.

The most cruel among the roles or kind of activities that these child soldiers are being forced, encouraged or asked to do by their senior military officials is to commit human rights abuses against the civilian population. Child soldiers take part in the destruction of villages in areas suspected by the army to be supportive of the ethnic insurgent movements. They are also forced to participate in extra-judicial killings of civilians suspected to be “insurgent or rebels” and they suffers from trauma and emotional disturbance and they are trying to come to terms and cope up with these worst experience without any counseling or any forms of assistance from the military.

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As one can observe, child soldiers are consistently exposed to different forms of human rights abuses against civilians and against their fellow child soldiers. Though this has been the case, still most of them are aware that something is not right in what they are doing. Inspite of dehumanization training given to them by the army, still they sense that what they are doing is wrong. Coping with this psychological battle some of them ran away from the army, some attempted suicide, and others just rationalize their experiences in order for them not to feel bad.

There is no doubt that the experience that child soldiers went through as members of the Burmese armed forces brought them stress and somewhat distorted their emotional, mental and psychological stance.

In retrospect, the regime in Burma is continuously violating the Convention on the Rights of the Child and related international standards and conventions concerning the use of child soldiers because of its continuous recruitment of children as soldiers in its armed forces and also of not fully demobilizing child combatants.

III. Introduction

They are between ten (10) and eighteen (18) years old. They wear army uniforms and carry war weapons. By whatever standard you use, they are all and are still children and for what it may seems, they are playing no war games…

“I was at the train station when suddenly a sergeant talked to me. Where are you going? I ‘m going to the toilet I replied and I kept on going. He followed me and waited for me. Then asked me a lot of questions and inspected my things and then someone behind me put handcuffs on my hands and took me to the Danyinggone Soldier Collection Camp”.4

Former child soldier, recruited into the Burmese military in 2003, at the age of fourteen

“I met sergeant U Win Tun on my way home from the jungle. He asked me, do you want to join the army? I answered, no! I was 4 Excerpts from an interview with a former child soldier conducted by Yoma (3) News Service, 2004

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supposed to return home but he forbid me and threatened to kill me if I would not follow him. I begged him to let me go home, but he refused. He took me to Danyinkone and let me attend a series of military workshops. He also took some other boys. We had to help build a new hostel for the police women and we had to clean the entry gate and the central guard tower”.5

Former child soldier, recruited into the Burmese military in April 2003, at the age of fifteen

One of the alarming trends relating to children in the contemporary world is the active involvement and participation of children in the on-going armed conflicts in Burma between the Burmese military army and the opposition armed groups. Since 1988 the number of soldiers of “Tatmadaw” – the Burmese army has grown enormously. The massive and intensive recruitment of child soldiers contributed much to this expansion of the Burmese military base both in numbers of soldiers and military camps established in the different states of Burma. On the other hand, the number of child soldiers of the armed opposition groups or the so-called “NSA- non-state actors” generally speaking is quite decreasing. However, this is not conclusive. But one positive thing on the side of NSA is the realization that most or some key armed opposition groups like for instance KNLA (Karen National Liberation Army) is quite open and to some extent is engaging with the international groups, agencies and organizations concerned on the issue of child soldiers and is open to the possibility of fully respecting the rules, conventions and international standards relating to the use of children as soldiers. Moreover, we cannot deny the fact that though this has been the stance of some or let us say most of the opposition armed groups, still the presence and existence of child soldiers and their recruitment are still prevalent to some considerable degree among the armed opposition armies of Burma.

In Burma, children as young as eight (8) years of age are being forcibly recruited, coerced and induced to become soldiers. They are recruited in various ways. Some are conscripted, others are kidnapped or fooled and still others are forced to join armed groups to defend their families. The moment they become soldiers, they generally receive the same treatment as adults. Many would start out doing military supporting roles. These include portering - carrying very heavy loads of up to 60 kilograms including ammunition or injured soldiers. Some of these child soldiers are

5 Excerpts from an interview with a former child soldier conducted by Yoma (3) News Service, March 24 2004

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used for household and other routine duties as cooks, porters, messengers and spies.

The use of children as soldiers in Burma is indeed no doubt a serious offense against children and indeed a grievous human rights abuse. Children are killed, forcibly conscripted, unwillingly separated from their families, kidnapped, tortured during their service in the military, forced to kill and torture, and due to the rampant corruption in the Burmese military government, are underpaid, or are not paid at all.

In 2002, the Human Rights Watch published a research study entitled “My Gun is Tall as Me”. This report presented that there are around 70, 000 children in the 350 000 Burmese army serving as soldiers. On the side of the non-state groups/opposition armed groups, it has been estimated that around 6, 000 – 7, 000 soldiers are under the age of 18 years. This statistics presented by HRW give us the impression that indeed Burma is the topnotcher among the countries who are using children as combatants in war and armed conflict.

It is in this context that the purpose of this report has been crafted. The Human Rights Institute of Burma (HREIB), through this research study, attempts to update and monitor the recruitment and acceptance of child soldiers for both the military junta and non-state actors/opposition armed groups. The institute is also aiming to produce a report that could possibly document and make a good observation if there is a continuous or and increasing number of recruitment of child soldiers by the junta. Likewise, the institute would like to understand also if the number is decreasing and if indeed the NSA groups are quite true to their words of reducing and putting a stop to the recruitment of child soldiers. This report is the institute’s contribution to strengthen advocacy and lobby work on the issues as well as a response to the challenge posed by the UN to strengthen documentation and monitoring of violations and abuses committed against children in situations of armed conflict.

Objectives of the Report:

1. Update the situation of child soldiers both by government armed forces and non-state armed groups. 2. Review trends and developments regarding recruitment practices and usage of child soldiers in Burma.

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3. Determine factors that make children vulnerable to recruitment.

4. Discuss progress made in regard to implementation of DRR of child soldiers.

Timeframe and Limitations of the Report:

In as far the research is concern, the documentation and gathering of information started last in December 2004 and has been finished around 2nd week of December of 2005. The research basically is more of a qualitative rather than quantitative research. This is in view of the fact that getting exact figures and other statistics about the issue of child soldiers in Burma is quite hard and difficult because of the sensitivity of the issue. This is so far the first limitation of the research. The second limitation pertains to concealment of real identity and names of the interviewees to protect them from any form of attack against them by people who are in one way or the other be offended of their testimonies.

In terms of the source and kind of information used in this report, due to the time constraints, the researcher banked in and built the research relying more on current secondary resources and available information, existing current literature and research materials on child soldiers including the collected interviews with former child soldiers of Yoma (3) News Service. On the other hand, HREIB also conducted interviews with former child soldiers in the Thai-Burma border areas to complement and verify the existing secondary resources at hand.

Research Methodology:

In the conduct of the research, HREIB researchers basically conducted extensive interviews with former child soldiers along the Thai-Burma border. At least 10 former child soldiers were interviewed intensively and short interviews were also conducted among people from the Burmese exiled communities who have quite experience and knowledge on the issue of child soldiers in Burma. The researcher also explored and used secondary resource materials in trying to get more information about the dynamics of the issue of child soldiers in Burma. The researcher reviewed books, magazines, newspapers and website of organizations working on the issue of child soldiers extensively and gathered necessary and latest data and information from these materials and sources and analyzed them and incorporated them into the whole report paper.

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IV. Contextualizing the Issue of Child Soldiers

A. Child Soldiers as a Global Pandemic:

In dozens of countries around the world, children have become direct participants in war. Denied a childhood and often subjected to horrific violence, hundreds of thousands of children are serving as soldiers in current armed conflicts. These young combatants participate in all aspects of contemporary warfare. They wield AK-47s and M-16s on the front lines of combat, serve as human mine detectors, participate in suicide missions, carry supplies, and act as spies, messengers or lookouts. The participation of these children in combat zones has been reported in 20 countries worldwide in almost every region of the world. Political armed groups in the world right now continue to recruit children, force them to combat, train them to use explosives and weapons and subject them to rape, violence, hard labor and other forms of exploitation. Children forcibly recruited, sometimes in large number. Other are voluntarily recruited as means of survival in war torn areas after family, social and economic structures had collapsed. Many joined because of poverty, unemployment, lack of access to education, or to escape domestic violence, abuse or exploitation.6

In Asia Pacific Region, thousand of children are being recruited in active conflict and ceasefire areas in countries like India, the Philippines, Indonesia, Nepal, Sri Lanka and Burma. In most case these children are abducted and forcibly been recruited but enlisted as voluntary recruits.7 Burma is one of the countries in the region that is continuously and forcibly recruiting huge numbers of children to be soldiers. Recruits usually are within the age of 12 and 18 years old. Usually boys are being abducted in streets, in school, bus stations and even in their own homes. These child soldiers suffer from the poor and harsh condition in the military camps. They usually experience beating and other forms of torture every time they commit mistakes and attempted to run away from the military camps. They are also being deployed as front liners fighting opposition groups.

Burma is believed to have more child soldiers than any other country in the world. The overwhelming majority of Burma’s child soldiers are found in Burma’s national army, the “Tatmadaw” which forcibly recruits children as young as eleven years old. These children are subject to different kinds of abuses like beatings and systematic humiliation during training. Once in the battle field, they 6 Coalition to Stop the Use of Child Soldiers, Child Soldiers: Global Report 2004, London, 2004.

7 Coalition to Stop the Use of Child Soldiers, Child Soldiers: Global Report 2004, London, 2004.

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engage themselves in combat, participate in human rights abuses against civilians, and are frequently beaten and abused by their commanders and cheated of their wages. These children also suffer from isolation since they are not allowed to have meetings or contacts with their families. Nevertheless, many of these children participate in armed conflict and sometimes with little or no training at all and after years of being exposed to the military way and kind of life they are unable to envision a future for themselves apart from the military.8

The on-going forcible recruitment and use of child soldiers in Burma is a violation of Burma’s national laws and Convention on the Rights of the Child. In Burma, there is no official or even unofficial demobilization program for child soldiers and independent monitoring on the case of child soldier recruitment is still banned in the country. Burma’s case being the world’s largest user of child soldiers put forward the call to urgently stop the use and recruitment of child soldiers and demobilize all children presently are in the Burmese armed forces. The Burmese military government expressed and promised to the United Nations that it will take steps to prevent the recruitment and use of child soldiers. However nothing has been done to this promise beside the establishment of the Committee to Prevent the Use of Child Soldier which serves as a useless government entity.

B. Definition of Child Soldier:

A Child Soldier is considered any person under the age of 18 who is a member of or attached to government armed forces or any other regular or irregular armed force or armed group, whether or not an armed conflict exists. Child Soldier perform a range of tasks including: participation in combat, laying mines and explosives, scouting, spying acting as decoys, courier or guards; training, drill, or other preparations; logistics and support functions, portering, cooking and domestic labor; and sexual slavery or other recruitment for sexual purposes.

“A Child Soldier is any person under 18 who is part of any

kind of regular or irregular armed force/group in any capacity, carrying or not carrying arms; including but not limited to cooks, porters, messengers, and those accompanying such groups, other than purely as a family member ; includes girls recruited for sexual purposes and forced marriage”.

8 Human Rights Watch, “My Gun Was as Tall as Me: Child Soldiers in Burma, New York, 2002.

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Quoted from the Annotated Principles and Best Practice on the Prevention of Recruitment of Children into the Armed Forces and Demobilization and Social Reintegration of Child Soldiers in Africa.

C. International Standards and Laws Concerning Child Soldiers:

Much has been achieved during the last five years in devising a framework and strategies and international policies and standards in protecting children from being involved in armed conflict. The following is a summary of the main regional and international legal standards relating to child soldiers.

1. Convention on the Rights of the Child (1989)

Although the Convention on the Rights of the Child generally defines a child as any person under the age of 18, Article 38 uses the lower age of 15 as the minimum for recruitment or participation in armed conflict. This language is drawn from the two Additional Protocols to the four Geneva Conventions of 1949.

Article 38 states that: States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities (Paragraph 2). States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest (Paragraph 3).9

2. Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

This was adopted by the UN General Assembly on 25 May 2000 and entered into force on 12 February 2002. The protocol sets 18 as the minimum age for direct participation in hostilities, for recruitment into armed groups, and for compulsory recruitment by governments. States may accept volunteers from the age of 16 but must deposit a binding declaration at the time of ratification or accession, setting out their minimum voluntary recruitment age and outlining certain safeguards for such recruitment. 10

9 Coalition to Stop the Use of Child Soldiers, International Standards Protecting Children from Recruitment or Use as Soldiers, http://www.child-soldiers.org/resources/international-standards

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http://www.child-soldiers.org/resources/international-standards

3. Rome Statute of the International Criminal Court (1998)

This establishes a permanent court to try persons charged with committing war crimes, crimes against humanity, and genocide. In its definition of war crimes the statute includes "conscripting or enlisting children under the age of fifteen years into national armed forces or using them to participate actively in hostilities" (Article 8(2)(b)(xxvi)); and in the case of an internal armed conflict, "conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities" (Article 8(2)(e)(vii)).

When drafting the treaty, delegates agreed that the terms "using" and "participate" would prohibit not only children's direct participation in combat, but also their active participation in military activities linked to combat such as scouting, spying, sabotage, and the use of children as decoys, couriers, or at military checkpoints. Also prohibited is the use of children in "direct" support functions such as carrying supplies to the front line. The statute also defines sexual slavery as a crime against humanity (Article 7(1)(g)). The treaty came into force and the court came into being on 1 July 2002. 11

4. Additional Protocols to the four Geneva Conventions of 1949 (1977)

The protocols set 15 as the minimum age for recruitment or use in armed conflict. This minimum standard applies to all parties, both governmental and non-governmental, in both international and internal armed conflict.12

5. Article 77 of Additional Protocol I

This is applicable to international armed conflicts, states: The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take

10 Coalition to Stop the Use of Child Soldiers, International Standards Protecting Children from Recruitment or Use as Soldiers, http://www.child-soldiers.org/resources/international-standards, the Coalition promotes the adoption and implementation of international legal standards protecting children from recruitment or use as soldiers.11 Coalition to Stop the Use of Child Soldiers, International Standards Protecting Children from Recruitment or Use as Soldiers, http://www.child-soldiers.org/resources/international-standards12 Coalition to Stop the Use of Child Soldiers, International Standards Protecting Children from Recruitment or Use as Soldiers, http://www.child-soldiers.org/resources/international-standards

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a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces.

In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years the Parties to the conflict shall endeavor to give priority to those who are oldest (Paragraph 2). If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of fifteen years take a direct part in hostilities and fall into the power of an adverse Party, they shall continue to benefit from the special protection accorded by this Article, whether or not they are prisoners of war (Paragraph 3).13

6. Article 4(c) of the Additional Protocol II

This is applicable to non-international armed conflicts, states: Children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take part in hostilities. 14

7. ILO Minimum Age Convention 138

This convention was adopted on 26 June 1973 and came into force on 19 June 1976. States ratifying the convention are bound to: pursue a national policy designed to ensure the effective abolition of child labor and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons (Article 1).15

8. ILO Worst Forms of Child Labour Convention 182

This convention was adopted on 16 June 1999 and came into force on 19 November 2000. It commits each state which ratifies it to "take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labor as a matter of urgency". The term "child" applies to all persons under the age of 18 years and the worst forms of child labor include: all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory

13 Coalition to Stop the Use of Child Soldiers, International Standards Protecting Children from Recruitment or Use as Soldiers, http://www.child-soldiers.org/resources/international-standards14 Coalition to Stop the Use of Child Soldiers, International Standards Protecting Children from Recruitment or Use as Soldiers, http://www.child-soldiers.org/resources/international-standards15 Coalition to Stop the Use of Child Soldiers, International Standards Protecting Children from Recruitment or Use as Soldiers, http://www.child-soldiers.org/resources/international-standards

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labor, including forced or compulsory recruitment of children for use in armed conflict (Article 3a).16

9. The UN Security Council has passed a series of resolutions condemning the recruitment and use of children in hostilities. These are resolutions 1261 (1999), 1314 (2000) 1379 (2001), 1460 (2003), 1539 (2004) and 1612 (2005) on children and armed conflict. Resolutions can be found at the UN Security Council website.17

10. African Charter on the Rights and Welfare of the Child

The charter is the only regional treaty in the world which addresses the issue of child soldiers. It was adopted by the Organization of African States (OAU, now the African Union) and came into force in November 1999. It defines a child as anyone below 18 years of age without exception. It also states that: "States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child" (Article 22.2). 18

11. Declaration on the Committee fro Children in ASEAN – this was signed by ASEAN Ministers Responsible for Social Welfare in August 2001. It reiterated ASEAN’s commitment to “protect children from armed conflict, victimization or depravation of a childhood rooted in peace and joy.

V. Child Soldiers and Burma in Context

General Condition of Children in Burma

Burma has seen almost constant conflict since independence from Britain in 1948. Internal civil war and poor governance has brought about widespread poverty, poor health care, low educational standards and systematic human rights abuses. Children, who are among the most vulnerable members of society, have been disproportionately affected by all these factors. Children in Burma are also increasingly vulnerable to exploitation for dangerous labor. Approximately one quarter of children between 10 to14 years old are engaged in paid work and there are a growing

16 Coalition to Stop the Use of Child Soldiers, International Standards Protecting Children from Recruitment or Use as Soldiers, http://www.child-soldiers.org/resources/international-standards17 Coalition to Stop the Use of Child Soldiers, International Standards Protecting Children from Recruitment or Use as Soldiers, http://www.child-soldiers.org/resources/international-standards18 Coalition to Stop the Use of Child Soldiers, International Standards Protecting Children from Recruitment or Use as Soldiers, http://www.child-soldiers.org/resources/international-standards

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number of street children in concentrated urban areas. (Source: ICRC, 2002) In particular, street children, runaways and orphans are particularly vulnerable to forced recruitment into the armed forces. The SPDC is believed to be one of the world’s largest single users of child soldiers with more than 70,000 children serving in the national army alone. In addition, some armed opposition forces also recruit children, but in smaller numbers (Source: Human Rights Watch, 2002). Burmese children are also victimized when forced into the sex industry, and the trafficking of children has become increasingly prevalent throughout the country, and especially in border areas.

Ethnic minority children are often more vulnerable to abuse due to the fact that civil war is often drawn along ethnic lines and fought in ethnic minority areas. In addition to contending with the discrepancy between access to social services available to the military and civilian populations, ethnic minorities face the more direct consequences of internal conflict. Throughout 2002 children living in ethnic minority areas, like other members of their communities, continued to be subjected to physical injury, torture, rape, murder, forced labor, and forced relocation. Children in these areas were also forced to witness atrocities carried out against their family and community members; to endure separation from their families and communities; and to suffer from extremely limited access to health care, education, housing, and food. 19

The Burmese Military Government Neglecting the Issue of Child Soldiers: The Committee to Prevent the Use of Child Soldiers

“February 16, 2004, Thaw Zin Oo (not real name), 15 years of age and a student at No. (4) Basic Education High School in Sanchaung was persuaded to join the military and was sent to Da-Nyin-Gone Soldier Collection Point by 2nd Corporal Tun Min Soe. His mother received information about his abduction and quickly went to the collection center to visit her son but she was forbidden to meet him. Because of this, the next day, she reported the case to the Committee to Prevent the Recruitment of Child Soldiers, 19 “GROWING UP UNDER THE BURMESE DICTATORSHIP”, The situation facing children after 41 years of military rule in Burma is described in this report by Samuel 22 Grumiau commissioned by the International Confederation of Free Trade Unions (ICFTU), August 2003.

19

which according to her a government organization supposed to be monitoring and implementing the junta’s stance of banning the enlistment of children as soldiers. She also asked the International Committee of the Red Cross for help in attaining the release and demobilization of her son. However, until now she is waiting for any reply and action from the committee. The committee promised that sooner or later they will look at her son’s case but so far no development yet on this case”.20

Mother of former child soldier, recruited into the Burmese military in February 16 2004, at the age of fifteen

The participation and the recruitment of children in the military and in armed conflict are of no doubt signify the loss of their childhood. Myanmar Defense Services Act of 1974 and War Office Council Instruction 13/73 say “a person cannot be enlisted into the armed forced unless he has attained the age of 18”. However, continuous violation of children’s rights in Burma through the engagements of children in armed conflict is taking place. Burma is reported to be the single largest user of children as soldiers in the world. Burmese children have been suffering the consequences of this internal political turmoil and armed conflict in Burma. These children are living in a continuous political violence, military abuses, displacement, family separations and breakdown of already weak basic services.

Burma became a party to the UN Convention on the Rights of the Child (CRC) on August 15, 1991. The CRC affirms that every child has the right to protection, the right to life, and the right to survival and development. CRC also specifically refers to the protection of children in armed conflict and mandates that no child under 15 should take part in hostilities; that children should not be separated from their parents except for their own well-being; that States should protect children from harm and neglect; and that all children should be entitled to the rights enshrined in the convention, without discrimination. The SPDC (State, Peace and Development Council) promulgated a new Child Law on July 14, 1993 in order to "implement the rights of the child recognized in the Convention." The child law states that "the State recognized that every child has the right to survival, development, protection and care, and to achieve active participation in the community." 20 Excerpts from an interview with the mother of a former child soldier conducted by Yoma (3) News Service, 2005

20

(Chapter 5, paragraph 8) The regime’s decision to accede to CRC was widely interpreted as a positive sign and temporarily improved its image throughout the international community. However, widespread evidence of continuing violations against children has shown that while national laws to protect children may be in place, the SPDC has taken little action to enforce these laws21

Moreover, SPDC published its second periodic report to the CRC committee in 2002, which outlined what actions had been undertaken to implement the provisions of the CRC. According to the regime, children are the ‘jewels’ of Burma, and are cared for and respected by every member of society. The SPDC noted that the children in Burma are very well protected, physically and psychologically. On the other hand, such claims made by the SPDC has been contradicted by a large body of information collected in 2002 by NGOs, opposition groups, and other national governments which provided clear evidence that children in Burma cannot depend on the government to protect or advocate for their rights. Instead, the SPDC is at best, negligent, and at worst complicit, in abuses such as the recruitment of child soldiers, the trafficking of children, and the destruction and dislocation of ethnic minority families and communities.22

As a result, in the 2003 report to the United Nations Security Council by Secretary General Kofi Anan states that, Burma has been found violating the international law by recruiting and using children as soldiers, and in 2004 report to UNSC which states that there is a continued reliable reports from the United Nations country team, diplomatic missions and NGOs about the recruitment and use of children by the Burmese government and a range of non-state armed groups, the U.N. Committee on the Rights of the Child states that it was “extremely” concerned” of the use of child soldiers by the government armed forces and summoned the regime to demobilize and reintegrate all combatants under 18, ensure that all military recruits are at least 18 years of

21 GROWING UP UNDER THE BURMESE DICTATORSHIP”,The situation facing children after 41 years of military rule in Burma is described in this report by Samuel Grumiau commissioned by the International Confederation of Free Trade Unions (ICFTU)August 2003.

22http://www.ibiblio.org/obl/docs/Yearbook20023/yearbooks/6.%20Rights%20of%20the %20Child.htm

21

http://www.ibiblio.org/obl/docs/Yearbook20023/yearbooks/6.%20Rights%20of%20the%20Child.htm


age and enlist voluntarily and provide educational and other assistance to children affected by the conflict. 23

“Burma use of child soldiers is unacceptable. Rangoon should act immediately on the UN recommendations and end this terrible practice”.

Jo Becker, advocacy director for the Children’s Right Division

Human Rights Watch

In response to the said recommendations suggested by the U.N. Committee on the Rights of the Child, the Burmese regime being in a mood of seeking improvement in its image and trying to gain international favor and recognition, sent a letter to the Security Council in January 2004 stating, “the Myanmar Armed Forces is an all volunteer force and those entering military service do so of their own free will…There is neither a draft system nor forced conscription by the Government of Myanmar. Forced conscription by the Government is strictly prohibited throughout the country”. Indeed as a consequence, in order to prove to the UN that the military government is true to its words, it formed the high level Committee to Prevent the Recruitment of Child Soldiers on January 4, 2004 chaired by SPDC Secretary 2 Lt Gen Than Sein and announced that a task force was being formed to ensure inspections for underage recruitment. On 16 January, 2004, the Committee met for the first time and adopted resolutions on prevention of the recruitment of minor for military service and created a task force. In October, the Committee adopted a Plan of Action. It includes;

strengthened control of the recruitment process to ensure

that no one under 18 years of age enters the armed forces;

the discharge from military service and return to their parents or guardians of those found to be under 18 while training or in service

the provision of vocational training or other educational options and livelihood support, in particular for orphans, vulnerable children and those without guardians;

an improved birth registration system; and

23http://www.ibiblio.org/obl/docs/Yearbook20023/yearbooks/6.%20Rights%20of %20the%20Child.htm

22



the dissemination of information to recruitment centers and the general public on the prohibition of recruitment of persons under 18 years.”

“My son’s name is Mg Nay Lin (not real name) was only 15 years old when he was forced to join the military. Now he is holding a Military ID No. T/276526. He is one of the many child soldiers who deserted the Burmese military army. In April 2003, we came to Hlaithaya Township to visit his friend. On the way going to his friend’s his house, he was arrested forcibly by Corporal – U Win Tun of Bayinnaung military police near the Military police bus stop. He was sent to Danyinkone Soldier Collection Center and now is serving in No (216), Light Infantry Batallion.

I know that my son is not willing to join the army so we complained to ILO based in Yagoon last April 22, 2004 and ILO filed and made a complaint case to the Committee to Prevent the Recruitment of Child Soldiers headed by Lt. General Thein Sein. But until now this case has not been resolved and we are still waiting for our son’s release.”24

Parents of former child soldier, recruited into the Burmese military in 2004, at the age of fifteen

However, this committee seems to be useless and all the plans mentioned above remained plans and nothing happen to them. The committee did not respond to the complaints and requests of child soldiers’ relatives and family when they ask its help in finding for their missing children or releasing recruited children who are in so many ways are involved in the armed forces. This scenario has been evidently proved to be true by the 50 interviews with former child soldiers done by the Human Rights Institute of Burma and Yoma (3) News Service this 2005. In retrospect, the regime in Burma is continuously violating the Convention on the Rights of the Child and related international standard and conventions concerning the use of child soldiers because of its continuous recruitment of children as soldiers in its armed forces and also of not fully demobilizing child combatants. On the other hand, there is no cooperation or coordination among international organizations in identifying children, processing and managing cases of those who are demobilized.

24 Excerpts from an interview with the parents of a former child soldier conducted by Yoma (3) News Service, March 24, 2004

23

“My name is U Thing Lin (not real name). I have two sons and a daughter. Min Chan Myea (not real name) is my second son and he disappeared from home last October 6, 2002. I inquired about his loss and one of my son’s playmates said that while they are walking around Danyingone he saw Min Chan Myea and other boy being abducted by a soldier. We search for my son and went to Danyingone Soldier Collection Center and asked if my son is one of the boy being enlisted to be soldier. But the officer of the center told us no, they don’t have him. So we went home but in my mind, I know my son is in there. A year passed by but then we did not hear anything about my son.

Came 2004, the military government announced the creation of the Committee to Prevent the Recruitment of Child Soldiers. I was very glad to hear about this news and had some hopes that my son will be released because he still under the age of 18 years old. I asked the advice of my friends and we decided to file a complaint and appeal letter to the committee. I wrote in my letter that my son is still young and under the age of 18 years old and he is not willing to join the army and we are asking for his release from the military. We submitted the letter to General Thein Sein, the head of the committee and we also made an appeal to my son’s Battalion Commander Major Kyaw Soe on December 10, 2004. However, until now we did not get any reply from the committee and even from my son’s immediate officer.

Until now, I do feel very sad. My hope for my son was to stay with us his parents and to finish his studies and have a different way of life away from the military life. He was too young to be recruited to the army”.25

Father of former child soldier, recruited into the Burmese military in 2002, at the age of fifteen

In retrospect, the last report from the Secretary General to the Security Council on February 9, 2005 stating that Burma is on the list of 15 nations that continue to recruit child soldiers which has been preceded by the issuance of UN Resolution 1612 by the UN Security Council on July 26, 2005 has been denied by the military junta.

On the other hand, low profile but quite sometimes successful actions from international organizations based in Rangoon in 25 Excerpts from an interview with the parents of a former child soldier conducted by Yoma (3) News Service, April 5, 2005

24

demobilizing child soldiers serve some purpose and give hope and light to the bleak situation of child soldiers in Burma. The International Labor Organization (ILO) and the International Council of the Red Cross (ICRC) are quite dealing with cases filed by parents of child soldiers wanting their children be demobilized from the army. Some of the cases filed to them have been quite successful though this is considered to be below the minimal expectations in view of the thousands of cases filed by parents of child soldiers to these international bodies regarding the demobilization and release of their children from serving the army. Please refer below for two documented cases;

Case 1: Two Underage Soldiers Released by SPDC

Mandalay Division, SPDC due to the pressure exerted by ILO released two (2) underage soldiers from forced enlistment.

In September 2002 Naing Lin Aung, 16 and Khin Maung Than, 15 (not real names) were captured by the SPDC and forced to enlist the Burmese Army. Nang Lin Aung was trained at No. 3 Army Basic Training School in Yamathing Township Mandalay Division. Khin Maung Than was trained at No. 5 Army Basic Education School in Yani Township, Mandalay Division. On January 27, 2003, the parents of these children contacted ILO office to request assistance in obtaining their children’s release. ILO discussed with SPDC thoroughly the case and the military junta agreed to release two teenagers from the army. Naing Lin Aung was release on January 30 2004 and Khin Maung Than was released a week later, February 6, 2004”.26

Case 2: Four Child Soldiers were Release from their Military Service

“Rangoon, March 23, 2004 at around 2:00 o’clock in the morning, authorities quietly released four (4) teenagers who were kidnapped in Hlaing Tha Ya Township, Rangoon. After the disappearance of these four children, their parents went to the International Committee of the Red Cross (ICRC) and asked for assistance in gaining the release of children forcibly enlisted into the military. ICRC lobbied the junta on this issue and put pressure on the military government to immediately release these children. Reportedly, after quite hard and difficult negotiations between ICRC and SPDC, these four teens were released due to the successful interventions of ICRC”.27

26 Yoma (3) News Service (Burma), “SPDC Release Two Underage Soldiers”, 2005.

25

Indeed, these are quite success stories in the fight against the use and recruitment of child soldiers in the Burmese military army done by international bodies working and based in Rangoon. However, this is not equitable to the thousands of cases of child soldiers that need to be addressed and be given attention. Moreover, these cases serve as an encouragement that indeed inspite of the constraining situation and the gross state of the issue of child soldiers in Burma, still there are ways and means of going about the issue and trying to mitigate the problem of child soldiers which could be done by concerned international agencies and organizations if not by pro-democracy Burmese led organizations.

C. The Unfolding of NSA Policy on Recruitment and Use of Child Soldiers

NSA or Non-State Actors or sometimes referred to as opposition armies also take part in the recruitment of child soldiers for their own purposes. The recruitment of child soldiers among the opposition armed groups in Burma somewhat varies from one group to another. There are at least 30 opposition armed groups in Burma but at the moment, most of them made ceasefire agreement with the State Peace and Development Council (SPDC) for a variety reasons. It has been observed that almost all of these opposition armed groups have been recruiting children to be soldiers. Nonetheless, because of the sensitivity of the issue, exact numbers of child soldiers could not be obtained. Human Rights Watch have said that in approximation, the combined numbers of child soldiers from NSA side is estimated to be around 6, 000 – 7, 000. But according to some observers it is gradually decreasing due to international pressure from UN Agencies and some other international human rights organizations. Significantly, within the last five years the numbers of child soldiers involved with non – state armies declined.

In as far as the development of the recruitment policy and practices are concerned, few non-state actors (NSA) have established policies or made statements regarding the issue of official recruitment age (straight 18). This includes the Karen National Liberation Army (KNLA) and the Shan State Army (South).

KNU General Secretary Padoh Mahn Sha last March 2004 announced in a statement that it has an official policy of 27 Yoma (3) News Service (Burma), “International Committee of the Red Cross Helps in the Release of Four Child Soldiers”, 2005.

26

recruiting individuals 18 years of age and above. This implies that officially, KNLA is not recruiting children anymore. The General Secretary of KNU said that; “KNU policy is to recruit no one under the age of 18”. This is indeed a significant breakthrough since 10 years ago. However, this is not conclusive. Despite this policy, still observers have noted that many displaced children remain in the ranks but reportedly have been assigned to administrative duties and non-combatant roles.

VI. Historical Review and the Massive Militarization in Burma

Burma is the largest country in mainland Southeast Asia, lying strategically between India, China, Bangladesh, Laos and Thailand. In the 19th century, the British took over Burma and formed a single entity under the Indian the colonial administration. The Japanese occupied Burma during the 2nd World War but were driven out by the British Empire Forces as the war drew to an end. In view of the strong Burmese nationalism headed by Aung San, British granted Burma independence in 1948. Burma after independence faced communist insurgency from the beginning, the government soon found itself also facing an increasing number of armed ethnic based conflict resistance groups all over the country, most of which were seeking their own independence.28

In 1962, the head of the military General Ne Win overthrew the civilian government and established the military rule that continued to this day. The situation under military rule got worst and led to so many insurgencies and economic crisis that led to massive street demonstrations and rallies which killed thousand of people. The government renamed itself to State, Law and Order Restoration Council (SLORC) and imposed martial, curfews and other restrictions which motivated many peoples to flee to areas controlled by ethnic and communist armed groups to form their own political and armed groups.29

In 1990, the SLORC held an election but lost the battle to the opposition party the National League for Democracy (NLD) who won a landslide victory over the junta. The junta refused to concede power and continued its military rule over the country. Since then 28 Funston Johnson., Government and Politics in Southeast Asia: “Myanmar – Military in Charge”, Institute of Southeast Asian Studies, Singapore, 2001. 29 http://www.irrawaddy.org/aviewer.asp?a=4498&z=144, “An Enduring Legacy Written in Blood, March 2005.

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human rights abuses and violations had intensified. Then the junta changed once again its name to the “State Peace and Development Council (SPDC) with no changes in its policies. Since then the military junta launch its massive expansion of the military – “militarization”. From 200, 000 men in arms in 1988 it expanded to 500, 000 men. Since 1988, there have been few willing volunteers to be soldiers, so the junta has relied on forced recruitment to respond to the needs militarization.30

Children age 12 to 17 are the most vulnerable victims of this military expansion by the junta. The drive to expand the army appears to have increase in significant number. Many battalions were created so quickly. Burma has an estimated 450,000 soldiers in its national army today. It allegedly includes child soldiers forced into service. The New York-based Human Rights Watch has claimed that at least 20 percent of Burma’s soldiers on active duty are under the age of 18. SPDC is regularly being criticized for spending as much as half of the national budget on the military, while next to nothing is spent on education and health services. Most of the people lives in poverty and a certain few number of people are struggling to find as many small jobs as they can simply to feed their families. Many international human rights activists also say the regime relies heavily on forced labor in infrastructure projects. Latest reports say while the use of forced labor has eased in major projects in the central regions of Burma, it continues especially in border areas where it is mainly used for moving equipment in military operations against ethnic insurgencies.31

Moreover, Burma’s armed forces now claim that they remain “the only institution that has discipline, loyalty, unity and deep commitment to protect the sovereignty and independence of the country. Today’s military leaders appear intent on maintaining their grip on the country, while paying lip-service to democratic reform in the future. Aung San wanted the armed forces to be an honorable institution, incorrupt, driven by self-sacrifice and self-discipline dedicated to serving the country. Many ordinary Burmese remember the founding father’s words: “There are others who are not soldiers who have suffered and made all kinds of sacrifices for their country. You must change this notion that only the soldiers matter.” 32

30 International Confederation of Free Trade Unions (ICFTU), “GROWING UP UNDER THE BURMESE DICTATORSHIP”, August 2003.

31 http://www.myanmar.com/Arm_Peace/preface.html

32 Extract from CHILD SOLDIER USE 2003 : A Briefing for the 4th UN Security Council Open Debate on Children and Armed Conflict Published on 16 January 2004.

28

http://www.myanmar.com/Arm_Peace/preface.html

However, in the minds of the military generals, what matters to them is to stay in power and control the country based on their whims and caprices. And the only way to this is to perpetuate themselves in power by expanding their military base. This military expansion is also being fueled by the desire of the military government to cripple the forces of the armed opposition groups which practically speaking is challenging their very existence. In the realization of this goal, children become prey and easy victims. Many children are forcibly recruited to the Burmese army to be soldiers. And this resulted in a massive recruitment and proliferation of child soldiers in Burma, which in turned resulted to various kinds of human rights abuses committed against children by the Burmese military themselves.

VII. Contemporary Patterns and Characteristics of Armed Conflict in Burma and the Pervasive Practice of Child Soldiers

1. Child Soldiers in the Burmese Military Government

A1. Patterns of Recruitment

“I had no interest in entering the military service. But I was forcibly sent to a military recruitment center by a group of police while I was on my way home from a restaurant where I was working. They asked me, do you want to go to jail? No, I don’t want to go to jail. I will join the military service instead of going to jail, I replied”.33


The Burmese military government has been espousing that children joined military voluntarily. This is misleading. In most cases, children agreed to join the military due to coercion and deception. And these acts are being reinforced by underlying economic, political, cultural, and social factors that pressure children to become child soldiers. Most child soldiers in Burma were 33 Excerpts from an interview with a former child soldier conducted by Beh Reh from Kantawaraddy Times, April 27, 2005

29

forcibly recruited. Force here does not only refer to physical violence or coercion but also refers to deception, lies and seduction. Children were lured of joining the army in view of the idea that they will be given salary and other benefits. This is a form of seduction. Many children bought this idea and this led them to detention centers and military camps that eventually paved the way for them to become child soldiers. On the other hand, some of these child soldiers expressed that the reason for joining the military is due to the perception that the armed force is the only alternative for children in families who cannot afford to care for them. Poverty and lack of alternative work/employment are critical factors leading to easy recruitment of children – some children joined the army because they were informed that they will receive salary as soldier. Indeed, most if not all, child soldiers came from families who are in impoverished conditions.

“I entered the military because my family was poor. I wanted to be a captain in the army. I wanted to enter the army because I thought that my family would be fine if I will be a captain. Before I became a child soldier, my friend came and asked me, “Do you want to join the military. It’s quite good to stay in the army.” My friend was a soldier. He lived nearby my place. He joined the military because he was afraid of being sent to jail after he robbed some place. He was telling me always to join the military. At first I told him that I wasn’t interested. But he always told me that, “its better in the army than here. You will get food and better living standards in the army”. That day he brought me to the recruitment center to join the army”.34


“I was a ninth standard student of Basic Education High School No. 1 in Hlaithaya. One day, I did not go to school. I walked around the Insein railway station. I was wearing my school uniform that time. While hanging around the station, I met a sergeant. The sergeant asked me. “Do you want to join the military? You can be a


30

leader because you are educated. I thought that sounded pretty good, so I entered the army without informing my parents”.35


In terms of recruitment styles and patterns, the Burmese Army used various strategies. In most cases according to most of the interviewees of this report paper, recruitment teams are often in civilian clothing and carrying concealed weapons. Their favorite spots are railway and bus stations, toilets, ferry and boat docks, festivals, markets, busy places, and streets near schools. Usually the recruiters look for children who are around 11 or 12 years of age who don’t know anything yet and who usually are not with their parents.

“While going to school from home, Maung Win Win Thon (not real name) was taken against his will by unnamed persons. He was brought from Danyingon military recruitment center to the 9th Basic Military Training School based in Thahting. He attended the training and passed. Maung Win Win was brought to serve in the 9th Signal Battalion based in Hpa-An Township, Kayin State”. 36

Former child soldier, recruited into the Burmese military in 2004, at the age of thirteen

“While I and my friend were playing in the school, six soldiers approached us and asked us, do you want to join the army or want to go to prison? We were very afraid so we choose the army. They took us to the Danyingone Soldier Collection Camp”.37




31


Another adopted recruitment of the junta is the so-called “quota system”. Local authorities are being given recruitment quotas and if they are not able to meet the quotas, they are being fined and if they did reach the quota they will be given incentive. This resulted in the latent recruitment of children to the army. The recruitment team in order for them to meet the quota usually used force and intimidation to convince lads to voluntarily enlist in the army. The most common method is to ask and see the lads’ identity cards. When they cannot produce any they are faced with options of going to jail or join the military. This strategy singled-out children below 18 years of age first and foremost because these children does not know there is no law specifying a jail term for failure to produce an identity card, and secondly, many children under 18 years have not yet obtained identity cards. Some children are initially recruited as forced labor and then being handed over to the military to be child soldiers.

“I met sergeant U Win Tun at the Battalion on my way home from the jungle. He asked me, do you want to join the army? I answered, no! I was supposed to return home but he forbid me and threatened to kill me if I would not follow him. I begged him to let me go home, but he refused. He took me to Danyinkone and let me attend a series of military workshops. He also took some other boys. We had to help build a new hostel for the police women and we had to clean the entry gate and the central guard tower”.

Former child soldier, recruited into the Burmese military in 2003, at the age of seventeen

A2 . Child Soldiers in Detention and Training Centers

“I attended one Basic Military Training School in Ming Gong Village, Hpaunggyi Township, 1st Squad, 4th Platoon Company. We practiced the military parade all the day long, even though we were all suffering from heatstroke. Even though I was interested in learning the strange military skills, I was so tired and fed up that I

32

didn’t want to learn anymore. I wanted to go back home, but I was afraid to leave”.


Nearly all of the children that have been interviewed went through military training and were sent out to the frontlines to fight the so-called “rebel groups”. Most of the children were pushed to commit human rights abuses against civilians (ordinary people) and even against their own classmates during their military training. It is but evident in the interviews conducted that these children underwent some kind of military training though most of them felt that they don’t want to go through these military activities because they thought and felt that they are not yet prepared for it emotionally, physically and mentally. New recruits are being kept, taken and detained at the local army post, police station or recruiting office where the recruiters are based. Each recruit has a filled-out registration form. In the form, the age of the child recruit is recorded to be 18 though he/she is only 12 or 13 years of age.

In as far as the conditions in detention cells is concerned most of the interviewees shared that it is horrible. In Burma, according to the information gathered by Human Rights Watch there are at least 22 basic military camps, as well as two or more training camps for non-commissioned officers, three officers training schools, and a number of specialized training schools. Many infantry and light infantry battalions also give refresher courses on landmines, and other secondary training.

List of Training and Detention Centers of the Burmese Army:

1. No. 3 Soldier Training School in Yamethin, Mandalay Division

2. No. 9 Soldier Training School Base in Thaton, Mon State3. Da-Nyin-Gone Soldier Collection Point4. Basic Military Training No. 1 at Phaung Gyi5. Basic Military Training School No. 5 in Yeni (near

Pyinmana)6. Basic Training School No. 3, Ya Myi Thin, Township,

Mandalay Division7. Army Basic Training School No. 38. Insein-Da-Nyin Kone Soldier Collection Point

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9. No. 4 Basic Military Training Center, Pinlawng, Shan State10. Mingalardon Gauk Kwin soldier Collection Point11. 3rd Basic Military Training School in Yamethin Township12. Military Training Center (9), Thatone Township, Mon

State13. Light Infantry Battallion (710) Taik Gyi14. No. (3) Yamethin Military Training School, Mandalay

Division15. No. (1) Recruitment Center, Minkone, Hpaunggyi16. Bayinaung Soldier Collection Point based in Chyokong

in Insein Township, Yangoon Division17. No. (6) Pasein, Ayeyawady District18. Danyingone Recruitment Center19. No. (1) Basic Military Training School, based in Ming

Gong Village, Hpaunggyi Township20. No (305) Light Infantry Regiment21. Light Infantry Battalion 339, Hlaing Bew22. No (4) Basic Military Training Center, Pinlawng, Shan

State23. Light Infantry Battallion No. 328 base in Miesat

Township, Shan State

{Note: This is not an exhaustive list. This list was obtained from the interviews conducted by the researcher and also from the interview conducted by Yoma (3) News Group with former child soldiers.}

Child recruits are usually detained in large barracks. Their training usually starts as early 6:00 o’clock in the morning with running and other physical training. As the training progresses, the use and maintenance of weapons dominates and eats up most the training time. Military parades, small arms, large weapons, military tactics, sent troops for battle are the concerns of the military training. In all military camps the children are treated harshly. Small mistakes committed by the recruits usually lead to beating. In addition to military training, most trainees spend at least two to three hours of their time working for the camp officers. This usually takes place late in the afternoons of Sundays and Saturdays. Recruits usually spend the same amount of time doing labor work for the camp officers as well as learning to be a soldier.

In most cases child soldiers suffer from mental, emotional and physical exhaustion. This is because of the fact that their bodies could not yet accommodate or not yet ready to the load of activities they have to undergo in order to fulfill what it requires to be in the military training. Almost every night, many child soldiers are crying in their barracks beds quietly because of frustration, sadness and the hardships they have to undergo in the training centers.

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This dismal condition of child soldiers in training camps is being intensive by the reality that even the food being provided to them during training is extremely of low quality and nutrition. Another source of frustration and disappointment among the recruits is the fact that they don’t have means and access to contact their families and love ones. The Burmese army does not provide any means of communication for these child soldiers to connect with their families. In a way, recruits are kept in the military barracks like prisoners.

“The training lasted for four months. ATL was taught to use weapons, cross rivers and shoot at targets. Every morning we have to put sand in a bag and do a running drill. They would wake us up as early as 4:00 o’clock in the morning to have military exercises. After the morning drill, they are being taken to a shooting session at the field, where they were given a gun and ammunition and taught how to use an M11, M3, or M4 kinds of guns. These weapons are being assembled in Burma but the parts of these weapons came from China. In the training, they were also taught how to conduct military offensives, how to capture the enemy’s base and crawl through the forests base. The instructors are using real guns but they are not really careful of the possibility of shooting the trainees. Around 3:00 o’clock in the afternoon they usually ended the day’s training. After the training session they have to do domestic chores for high ranking officials i.e. cutting woods, fetching water, digging the ground for building fish pond”.38


When training is over, the trainees are being sent to different battalions. The military battalions in Burma are deployed throughout the country, not only in areas where there is armed resistance but also in the cities and townships where the main task of the soldiers is to control the civilian population. In areas where military conflict or fighting is not prevalent, soldiers are playing the role of supervisors of work related to infrastructure development and projects, and monitor and restrict the activities and movements of all civilian in areas dominated and controlled by the military.

On the other hand, some of these child soldiers after finishing their training are being involved in extorting money from the local population whether as “fees” to avoid forced labor or under other guises. Some of them are being used by the high ranking military


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officers to as free labor for their personal money-making schemes such as logging, brick baking, fish farming, growing and planting rubber and crash crops.

A3. The Life and Plight of Child Soldiers in Military and its Effects

“The adjutant clerk was the most foulmouthed soldier. The superiors ordered the soldiers to work as early as possible in the morning. They shouted at the soldiers “hey! Son of a bitch! Get up and do your work. There was whistling from the central sentry post. There was no spirit of brotherhood amongst soldiers in our battalion. They stole each other’s property. They always spoke rudely to each other. They were worse when they are drunk. They used obscene languages”.

“I didn’t know how to use obscene language before going there. I know that I became very rude after I joined the army. My stocks, hats, boots, were stolen. So now, I also steal others’ stuffs whenever I can”.

“My military boots deteriorated because we had to cross

many streams and always walked in the rain. I injured my leg because I had to walk without boots”.39


The interviewees shared that they have different and various functions and roles as child soldiers. Most of these roles pose threats to their lives and harmful to them and this is being intensified by the kind of environment they have which has higher proximity to violence and conflict compared to any other kind of surroundings. Most of them were used as front liners during military confrontation with the so-called rebel or insurgent groups. Some of them served as spies and guards in checkpoints or messengers. Others served as porters, cooks, sentries and maids of the high ranking military officials. In performing these roles and functions, they are expected to have the same physical rigor and strengths as adult soldiers have which made their bodies vulnerable to different kinds of illnesses and made them physical exhausted. Whenever they could not perform their roles based on the expectations of their


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superiors, they will face severe consequences usually in the form of beatings.

On the one hand, some child soldiers are selected for special duty. Others are sent to ordinary units and being assigned to the hardest and dirtiest jobs. Moreover, a large number of child soldiers are sent to be directly involved in combat of which in most cases they usually do not know the reason why there are in the front-lines and who are they fighting for. Most of them are terrified and scared facing the so-called “enemies”. However, because of their consistent exposure to this condition, they get easily adjusted to combat.

However, the most cruel among the roles or kind of activities that these child soldiers are being forced, encouraged or asked to do by their senior military officials is to commit human rights abuses against the civilian population. Child soldiers take part in the destruction of villages in areas suspected by the army to be supportive of the ethnic insurgent movements. They are also forced to participate in extra-judicial killings of civilians suspected to be “insurgent or rebels” and they suffers from trauma and emotional disturbance and they are trying to come to terms and cope up with these worst experience without any counseling or any forms of assistance from the military.

As one can observe, child soldiers are consistently exposed to different forms of human rights abuses against civilians and against their fellow child soldiers. Though this has been the case, still most of them are aware that something is not right in what they are doing. Inspite of dehumanization training given to them by the army, still they sense that what they are doing is wrong. Coping with this psychological battle some of them ran away from the army, some attempted suicide, and others just rationalize their experiences in order for them not to feel bad.

In terms of salary promised to be given to these children serving in the Burmese army, most child soldiers did not receive any salary. Their salary is always being cut down to way below the promised amount (from 3, 000 kyats to 1, 000 kyats). Provision of clothing, hygiene products and even food and medical supplies are quite very limited and sometimes nothing at all. This condition is quite the same in almost all military training camps where these child soldiers are being detained. For those child soldiers who get sick, medical care are provided but in limited terms and poor in quality. In military clinics there are no doctors, only nurses and medics. In terms of food, the camps serve extremely low quality and quantity staple food. Life in the Burmese military is indeed for the most part unbearable for child soldiers.

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“Our monthly salary was 3, 000 kyats. But we never received this full amount of money. They always make 2, 000 cuts. In reality, we only receive 1, 000 kyats a month. They cut 2, 000 kyats from each salary for box costs, 100 kyats for the two seals, which we put on our clothes. They also cut for the costs of making altars, the cost of flowers offerings. We had to pay for the damage of Chaymankwin which we put on our trousers. So they paid us only 1, 000 kyats per month as salary. I have no idea what system they used in paying our monthly salaries”.40


There is no doubt that the experience that child soldiers went through as members of the Burmese armed forces brought them stress and somewhat distorted their emotional, mental and psychological stance. Many of them have the difficulties of re-integrating themselves in their own communities after becoming a child soldier. Some of them always have this fear that any moment soon they will again be taken back to the military camps and either will serve again as soldiers or will be detained or punished for leaving the military. In this case, these children became paranoid and this affects how they interact and deal with other people. Some of them have horrible nightmares almost in a daily basis. Some of them became temperamental (easy to get angry), and some of them went to Thailand to seek opportunities and to have a new life.

Another common feelings shared by these child soldiers is anger and frustration on the process of their recruitment and involvement in the military, especially those that were forced to join the military force. Those who joined because of economic difficulties - poverty and some other reasons such as family circumstances also expressed deepest regrets and loneliness about having to be away from their family, loved ones and most especially from their homes. Most of these children felt sad that instead of going to school and study and learn, they faced difficulties as child soldiers in military camps. They felt that they are much too young to be involved and engaged in the military activities. They felt that they should have been enjoying playing with their friends and be with their community and family rather than participating in the military training.


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“I want to go home. Staying at home is better than staying in the military camp”41

Former child soldier, recruited into the Burmese military in 2004, at the age of sixteen

On the other hand, most of the interviewees spoke of their

hopes to go back to school and pursue their dreams. Most of them spoke of their regrets of losing their education in exchange of joining or being forced to join the military. They expressed their desires to continue and finished their studies. They would like to achieve something for themselves so as for them to be able to help also their communities, families and loved ones.

“After I was discharge from the army, I continued my studies. I would like to finish my education and return to my home town to stay with my family in the future”.42


A4. Lack of DDR Programs and Process in the Burmese Military

Based on the above discourses, we can sense and it is but a fact that the progressive involvement of child soldiers in Burma in acts of extreme violence like killing and other forms of abuses against another person or group of people desensitizes them to suffering. These kinds of experience make children more likely to commit violent acts. Child soldiers may find it difficult to disengage from the idea that what they were exposed to as soldiers are legitimate means of achieving one's aims, which supposedly are the very acts and beliefs they should have been spared from witnessing and experiencing. In this case, the challenge lies in channeling the energy, ideas and experience of these child soldiers into



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contributing in a more positive way to the creation of their new, post-conflict society.

In this regard, the military government of Burma in order to respond to such a challenge must established programs that would ensure that the welfare of these child soldiers is taken cared of. And one way of doing this is by adopting and implementing DDR (demobilization, disarmament and re-integration) programs for current and former child soldiers in Burma.

What is DDR?

Disarmament : The collection of small arms and light and heavy weapons within a conflict zone. It frequently entails weapons collection, assembly of combatants and development of arms management programs, including their safe storage and sometimes their destruction. Because many child soldiers do not carry their own weapons, disarmament should not be a prerequisite for the demobilization and reintegration of child soldiers.

Demobilization : The formal and controlled discharge of soldiers from the army or from an armed group. In demobilizing children the objectives should be to verify the child's participation in armed conflict, to collect basic information to establish the child's identity for family tracing, to assess priority needs, and to provide the child with information about what is likely to happen next.

Reintegration : A long-term process which aims to give children a viable alternative to their involvement in armed conflict and help them resume life in a peaceful civilian environment. Elements of reintegration include family reunification (or finding alternative care if reunification is impossible), providing education and training, devising appropriate strategies for economic and livelihood support and in some cases providing psycho-ocial support.43

Demobilization, disarmament, reintegration (DDR) programs for former child soldiers has been in operations in some countries such as Burundi, DRC, Sri-Lanka, and Southern Sudan. The programs were aimed at reintegrating child soldiers into their communities while avoiding their recruitment further fuelling of the conflict. In Afghanistan and Sri Lanka, governments worked in partnership with UNICEF and non-governmental organizations on disarmament, demobilization and reintegration (DDR) programs for 43 CHILD SOLDIER USE 2003: “A Briefing for the 4th UN Security Council Open Debate onChildren and Armed Conflict”, January 16 2004.

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child soldiers. By mid- 2004, over 2, 000 children has been demobilized in Afghanistan and just over 1, 000 in Sri Lanka. In Sri Lanka the program was undermined by the failure to handover underage soldiers and be aggressive recruitment. The Philippine government on the other hand established a program that includes proper handling of child soldiers who were rescued by or surrendered to the military, whereby these children have to be turned over to civilian authorities and be provided with proper physical and psycho-social care within 24 hours.

However, on the part of the Burmese army and the military government, no such DDR programs have been established. SPDC promised that it will indeed implement DDR programs through the creation of the Committee to Prevent the Use of Child Soldiers however, until now no such programs operating within the Burmese military and no official policy on this issue. Children who fled and ran way from the Burmese army crossed border areas lived in camps or as “illegal immigrants” along the border. Because of their exposure to violent acts and lack of skills and “know how” on how to act as civilians they are likely to commit social unrest and other kind of disturbing actions against other people in society. Often times also, they face the risk of being returned or deported back to Burma by the authorities of the host countries. In terms of opportunities and chance of building a new and comfortable life, these former child soldiers face difficulties because they lack the necessary skills and knowledge in making a living since they were not taught how to learn a living. This result to either struggling extremely in order to survive or it motivate former child soldiers to go back to military camps since being a soldier is the only profession they know and the only way for them to survive.

Indeed, it but a must that the military government in Burma makes it an urgent priority to implement DDR programs. There is a need to demobilize everyone under 18 years of age from the armed forces. There is need for a process of reintegration for child soldiers to their former communities in order to help children establish new foundations in life. This would entail re-establishing contact with their family. The provision of educational and vocational opportunities for former child combatants is a must to prevent them from rejoining military units, and at the same time to improve their economic security and means of survival as normal people.

2. Child Soldiers in Non – State Actors (NSA) / Opposition Armed Groups

Since Burma’s independence in 1948, armed insurgents and resistance groups were created to fight the military regime in Rangoon. NSA or Non-State Actors or sometimes referred to as

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opposition armies also take part in the recruitment of child soldiers for their own purposes. The recruitment of child soldiers among the opposition armed groups in Burma somewhat varies from one group to another. There are at least 30 opposition armed groups in Burma but at the moment, most of them made ceasefire agreement with the State Peace and Development Council (SPDC) for a variety reasons. It has been observed that almost all of these opposition armed groups have been recruiting children to be soldiers. Nonetheless, because of the sensitivity of the issue, exact numbers of child soldiers could not be obtained. Human Rights Watch have said that in approximation, the combined numbers of child soldiers from NSA side is estimated to be around 6, 000 – 7, 000. But according to some observers it is gradually decreasing due to international pressure from UN Agencies and some other international human rights organizations. Significantly, within the last five years the numbers of child soldiers involved with non – state armies declined.

In as far as reasons for joining the opposition armies is concerned, many children in general, joined the army as means of survival in war torn areas after family, social and economic structures had collapsed. Many joined because of poverty, unemployment, lack of access to education, or to escape domestic violence, abuse or exploitation especially in the hands of the Burmese military junta. And these reasons so far have been used as justifications behind the on-going recruitment of child soldiers by some opposition groups who are in one way or the other are also constrained in sustaining and maintaining the number of soldiers that could continue fighting the Burmese military troops.

In as far as the development of the recruitment policy and practices is concerned, few non-state actors (NSA) have established policies or made statements regarding official recruitment age (straight 18). Among these armed opposition groups include the Karen National Liberation Army (KNLA) and the Shan State Army – South (SSA-South). KNU General Secretary Padoh Mahn Sha last March 2004 announced in a statement that it has an official policy of recruiting individuals 18 years of age and above. This implies that officially, KNU/KNLA is not recruiting children anymore. The General Secretary of KNU said that; “KNU policy is to recruit no one under the age of 18”. However, consistency in following this policy is far from being perfect. But so far this is indeed already a breakthrough.

On the other hand, all non-state armies should have the political will to stop recruiting children and to demobilize children remaining in their ranks. Non-state armed groups should stop voluntary recruitment of SPDC deserters to join their ranks. They should be urged to support programs of non-governmental

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organizations and international government organizations’ aimed at DDR. They should have the political will to refer cases of children to appropriate civilian agencies.

However, it should be noted that the proliferation, recruitment and use of child soldiers among non-state actors has significantly has something to do with the intensive massive militarization of the Burmese regime. As long as the military regime is in power and intensively expanding its military base and the numbers of its army, opposition armed groups would every now and then be under pressure to sustain its military force against the Burmese military which would entail them in many ways to recruit children to be soldiers. Given such practical and realistic situation that most non-state armies are actually facing and expressing does not give them any moral grounds and rights to use children as soldiers in their struggle and fight against the oppressive and militaristic nature of the junta. Forced or voluntary military recruitment of children by whoever is and will always be a human rights violation against children.

On the other hand, as long as military offensives against the

civilian population in Burma continues by the military regime, the voluntary recruitment of young men and women in armed opposition groups will not be eradicated rather it will continue. Young men and women who witnessed different kinds of military abuses in the hands of the Burmese army would always find it attractive and patriotic to join the opposition armies in order for them to have revenge against the Burmese armies. In most cases, it has been noted that these young men and women who in one way or the other been part of non-state opposition armies feel proud of themselves being able to serve their people by fighting against the Burmese army, a perception and feeling of satisfaction and fulfillment that most child soldiers from the Burmese military government could not relate to and feel.

Indeed, it is but important to bear in mind that an end to the recruitment of child soldiers on the side of the SPDC regime and the downfall of the military regime would eventually lead to an end in the use and recruitment in whatever terms of child soldiers among non-state armed groups.

VIII. Analysis and Conclusion

Since Burma regained its independence from the British on the 4th of January 1948, its armed forces (the “Tatmadaw”) have claimed a large place in the country’s modern history. The military government since then has been in continuous war with armed

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opposition groups. The “tatmadaw” so far has been in active service for more than 50 years now. It does not only fulfilling and realizing its military capabilities and functions but it sees to it that it has a strong hold on the political, social and economic affairs of the country.

The presence of military in Burma has been reasserted and more magnified in the bloody and dramatic event of 1988, when wide pro-democracy demonstrators were crushed by the Burmese armed forces. However, this did not stop the military junta from perpetuating itself in power. In November 1997, the whole of Burma saw the open reassertion of the armed forces strength over the civilian population through reincarnation of SLORC (State, Law, Order and Restoration Council) to SPDC (State Peace and Development Council) with an accompanying massive mobilization and expansion of its military bases. This intensive militarization of the junta resulted to so many human rights abuses of which of one of them has been the massive recruitment of children as soldiers.

It has been noted by international human rights organizations that out of the estimated 350, 000 to 500, 000 soldiers in the Burmese armed forces, 70, 000 of them are children. It has been estimated that 35 to 45 percent could be underage, but overall, possibly 20 percent of the army is underage.

Indeed, these statistics are quite alarming but more than that, the more important conclusion from this is the fact that in Burma, especially on the part of the military junta, a desolation of the moral vacuum is evident. This means that;

Burma becomes a space devoid of the most basic human values.

Burma becomes a place where children are slaughtered, raped, and maimed.

A place where children are exploited as soldiers

A country where most of its children are starved and exposed to extreme brutality, unregulated terror and deliberate victimization.

This dismal scenario on the state of child soldiers in Burma has been clearly painted by the sharing of experience of the former child soldiers interviewed by the researchers. In Burma, it is but apparent that a continuation of civil war is taking place and in consequence there is a continuous violation of every right of a child –

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“the right to life, the right to be with family and community, the right to health, the right to the development of the personality and the right to be nurtured and protected”.

Continuous recruitment of children to be in the military and lack of de-mobilization efforts on the part of the regime is pretty much a common scene in the country.

The establishment of the “Committee to Prevent the Recruitment of Child Soldiers” did not make any difference primarily because it does not really respond to its expectations. It was just established to patronize the United Nations Security Council’s recommendation to the State, Peace and Development Council in view of the military government blatant violations of the principles, ideals and provisions of the Convention on the Rights of the Child of which it is a signatory.

The prevalence and latency of child soldiers’ recruitment in Burma is an indication of the following challenges that need to be addressed;

Sustained and immediate response on the said issue is necessary in order for the proliferation of child soldiers in Burma to be lessen if not be fully stopped.

The hostilities and recruitment of children in Burma to be soldiers must be stopped and must not be allowed to persist.

These violations of the basic rights of children through their involvement in armed conflict must be mitigated and must be given top priority first and foremost by the military government and other concerned agencies and institutions.

Measures to prevent and stop the recruitment of child soldiers must be established and practiced by different groups both state and non-state actors in order to ensure that children will not be easy preys and vulnerable vis-à-vis being recruited to the Burmese armed forces.

Former child soldiers must also be offered alternatives of reconciliation and re-integration to their former communities.

Local communities should be made more aware of national and international laws governing the age of recruitment.

Non-governmental organizations, religious groups and civil society in general can play important roles in establishing ethical frameworks that characterize children's participation in armed conflicts as unacceptable.

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Voluntary recruitment of child soldiers must require appropriate safeguards both in relation to age and the degree or level of voluntariness with the obligation on the recruiter to obtain confirmation of the full and informed consent of the individual and any persons such as parents who have legal responsibility over the individual.

However, one important realization behind the issue of child soldiers in Burma is the fact that putting more pressure in pushing the SPDC to democratize Burma is one key solution to end the use and recruitment of child soldiers not only within the SPDC side but much more on the opposition armed groups side.

In conclusion, there is indeed a need for effective interventions on the part of the international community to ensure that international laws and conventions on the rights of the child are respected and honored by first and foremost the military junta and of course by the non-state/opposition armed groups. The hostilities and recruitment of children as soldiers in both for non-state and state actors/armies and state armed groups in Burma must be stopped and must not be allowed to persist as has been asserted earlier on this report.

As far as the issue of child soldiers in Burma is concerned, its existence is a product of confluence of factors and therefore can only be addressed through a common recognition and the willingness of all people to work together uprooting the issue including the issues related to peace, democracy, unity and ethnic autonomy, and justice and development. Factors such as family poverty and lack of meaningful educational and service oriented opportunities for the youth to divert the extent of possibilities for them to be child soldiers have to be given attention and need to be addressed.

IX. Recommendations

Recommendation - State, Peace and Development Council (SPDC)

Ratify the Optional Protocol to the Convention on the Rights of the Child on children in armed conflict and declare a commitment to a “straight-18”standard for recruitment.

Establish methods of documentation and age identification, especially in rural areas. It is important to gather documentation and establish accessible, centralized

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databases of information regarding recruitment practices and lists of identified child soldiers.

Monitor the recruitment practices of personnel, especially in their field commands, to ensure proper compliance with national recruitment laws.

Ensure that all children are registered at birth and receive documentation of age. To be certain that this measure succeeds the junta must establish effective monitoring systems and back them up with legal remedies and institutions that are sufficiently strong to tackle the issue of child soldiers effectively.

Take immediate steps to end the forced and voluntary recruitment of children into the armed forces. Have dialogues with armed groups to usher in a peaceful solution to the armed conflict.

Permit either UN observers or independent human rights monitors to visit Myanmar and observe recruitment practices within the armed forces.

Establish demobilization and rehabilitation programs that offer former child soldiers the counseling and vocational training they need to rejoin civilian society and make a new life for themselves.

Begin a dialogue with UNICEF and other appropriate UN agencies as well as civil society organizations to establish DDR programs for child soldiers from both government and opposition forces.

Recommendation - Non-State Armed Groups

Take immediate steps to end the forced and voluntary recruitment of children into the armed forces and uphold the rights of children to protection by adopting “Straight 18” policy in all armed groups and enforced this policy among rank and files.

Honor the international conventions and standards relating to the use of child soldiers.

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Establish demobilization, disarmament and re-integration programs for child soldiers in coordination with concerned groups and agencies.

Craft peaceful strategies to solve the political and armed conflict pre-existent in Burma.

Work with civil society in defining mechanism for the administration of justice with regards to children who have committed atrocities or children who have been violated.

Recommendations - Civil Society Stakeholders

Acknowledge the urgency in addressing the issue of child soldiers in Burma.

Engage armed groups in dialogue and discussion towards the elimination and ending of the use and recruitment of child soldiers in Burma.

Assist armed groups in drafting policies or programs for the demobilization and disarmament and re-integration of child soldier back to their societies.

Offer of educational opportunities to former child soldiers to increase their chances of re-establishing and improving their way of life.

Support the development of peaceful strategies and negotiations to resolve the long standing issues of the country that have brought the various groups to war.

The media should be encouraged to expose the use of child soldiers and the need for demobilization.

Strong and consistent pressure by governments, international agencies and the public against the Burmese military governments and armed groups recruitment of children for military service must be ensured.

Curb the easy availability of small arms and eliminating military aid that facilitates the use of child soldiers by the junta and other state and non-state military groups.

Increase awareness of families regarding recruitment of young boys and the children’s right to get minimum education. There is a need to increase community opposition to forced

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recruitment and to decrease the number of abductions of children in school.

Family reunification and provision of basic education are effective means to prevent child recruitment.

Create a constituency of people who will be dedicated towards peace building activities for Burma.

Develop a proper coordination and referral systems to ensure that existing programs aimed at physical and psycho-social care of all children affected by armed conflict benefit former child soldiers, and to ascertain strong participation of community members, especially those seeking refuge at the Thai-Burma border.

Recommendation - the International Community and to United Nations

The UN Security Council must enforce its demand to stop the use of child soldiers in Burma. It must impose a deadline for Burma to end the use and recruitment of child soldiers.

Burma issue should be elevated to United Nations Security Council (UNSC) for immediate and durable political solution. The UN Security Council should put forward to the Burmese regime the DDR programs for child soldiers to be implemented.

United Nations agencies and international civil society actors should pursue “quiet” diplomacy” with the military government in Burma and with non-state forces and their international supporters to encourage the immediate demobilization of child soldiers and adherence to the Convention on the Rights of the Child.

The UN Security Council should treat the continued recruitment and use of child soldiers in Burma as a matter of high priority; and should consider taking appropriate steps to ensure that such recruitment and use is halted.

Provide technical and financial assistance to individuals and groups who are in one way or the other working on the issue of child soldiers and any issues relating to it.

Raise the awareness on the issue of Burma and Support the genuine democracy and peace process in Burma.

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Monitor closely and strictly the compliance of SPDC on related international conventions relating to child rights especially provisions provided in the Convention on the Right of the Child of which Burma is a party of.

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