Critical issue module 7

1. Critical issue module 7 Children associated with armed forces or armed groups

2. Topic 1 The issue for children Topic 2 The law and child rights Topic 3 Assessment and situation analysis Topic 4 Planning and implementation Topic 5 Monitoring, evaluation and learning

3. Topic 1 The issue for children Working with children associated with armed forces or armed groups: approach and key principles Key learning points • The recruitment and use of children by armed forces or armed groups is a gross violation of their rights and must be addressed urgently. Recruitment occurs for a vast range of reasons and reflects a failure on the part of duty bearers to provide protection for children. • The participation of those affected: children, their families and communities, in all aspects of prevention, protection, release and reintegration is essential. • Measures to prevent recruitment and support the release and reintegration of children from armed forces or groups should be carried out within a broad child protection framework that includes all children affected by emergencies. Targeting individual children is likely to increase the stigma and impede reintegration and should be avoided. (Continued)

4. The specific needs of girls and their children should be given particular attention in all aspects of work with children associated with armed forces or groups. One way to achieve this is through ensuring programmes are sufficiently flexible to respond to their stated needs. • Continuous efforts will be required to educate donors and advocate for flexible and long-term funding.

5. Topic 2 The law and child rights A rights-based approach; legal and normative framework relating to recruitment and use of children by armed forces or armed groups Key learning points • A child rights-based approach, meaning that all interventions are developed within a human rights framework, should underpin all actions to prevent recruitment, support the release and reintegration of children and provide protection. • A child development perspective should inform all aspects of work with children associated with armed forces or groups. This should include recognising the individual capacities and resources of children in surviving and overcoming their difficulties. • In addition to legal instruments, a range of non-binding standards or principles apply to the recruitment of children associated with armed forces or armed groups. (Continued)

6. Knowledge of national law, customary law and practices of communities is also very important for those working with children associated with armed forces or armed groups. • An understanding of relevant law and standards is essential in order to lobby parties to the conflict and the international community to fulfil their legal responsibilities and also to guide the assistance and protection of children.

7. Relevant CRC articles Article 38The protection of children in armed conflict Article 20Protection of children without families Article 39Recovery and social reintegration Articles 28 and 29The right to education Article 37Prohibition of torture and the deprivation of liberty Article 40Treatment in the juvenile justice system

8. Other human rights treaties which protect children from recruitment The ILO Convention No 182 on the Prohibition and immediate action for the elimination of the worst forms of child labour, which defines forced and compulsory recruitment of children in armed conflict as one of the worst forms of child labour (and defines children as under 18 years). The Rome statute of the international criminal court, which states that conscripting or enlisting children under 15 years into national armed forces or groups or using them to participate actively in all kinds of hostilities, is a war crime. The Guiding principles on internal displacement (1998), which state that in no circumstances shall displaced children be recruited nor be required or permitted to take part in hostilities.

9. Regional instruments and initiatives relevant to the prevention of child recruitment The African charter on the rights and welfare of the child, which is legally binding for the countries which have ratified it, establishes the age of 18 as the minimum age for recruitment and participation in any armed force or armed group. Association of South-east Asian nations (ASEAN) Declaration on the commitments for children in ASEAN (2001). The adoption of Guidelines on children and armed conflict by the European Union in 2003 and the Implementation strategy for the guidelines agreed in January 2006. Resolution 1904 of the Organisation of American states in 2002.

10. Topic 3 Assessment and situation analysis Understanding the reasons for recruitment Key learning points • Children are recruited into armed forces or armed groups for many different reasons and as a result of different underlying causes. • Situation analysis is critical in order to understand the precise interplay of factors relating to recruitment in any situation and develop strategies that respond to these factors, and should include: a gender analysis, analysis of power dynamics and the motivation of those recruiting children. • Where possible a child rights situation analysis (CRSA) should be undertaken which considers all the rights children are not enjoying, including protection from recruitment. This should be carried out within the context of a broader situation analysis relating to the emergency and humanitarian response.

11. Topic 4 Planning and implementation Implementation strategies: prevention of and response to recruitment Key learning points • Where there is evidence of recruitment, or the potential for this to take place, urgent actions should always be taken to prevent recruitment. • A prevention strategy should include: the application of relevant law and standards, practical measures to improve children’s safety and programming to prevent recruitment within a broad child protection framework. • The prevention strategy should be designed in consultation with children, families and communities. It should build on and develop the children’s, their families’ and their communities’ own actions to prevent recruitment.

12. Topic 5 Monitoring, evaluation and learning Key learning points • Indicators must measure the reintegration of CAAFAG and their wellbeing following their reintegration into family and the community. But reintegration is a long-term process. • Monitoring and evaluation should assess whether CAAFAG are being appropriately identified and protected through programme implementation without causing stigmatisation. Especially girls fall through the cracks of the systems and programmes need to monitor and evaluate whether the gender dimension has been addressed appropriately. • A monitoring and evaluation system should be set up at the start of a programme with indicators, collecting, analysing and using data to improve the wellbeing of vulnerable children, CAAFAG or others. • Rights-based monitoring and evaluation should be participatory, thereby involving children themselves, culturally appropriate, ethical and monitor fulfilment of rights as well as needs.