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SRSG on children and armed conflict: Annual report 2010, para. 43
- Paragraph text
- [Vulnerabilities and risks faced by children who are internally displaced during armed conflict – addressing their rights]: Ultimately, displacement should be a temporary condition and a durable solution should be secured where all those who were internally displaced no longer have any specific protection and assistance needs linked to their displacement and can enjoy their human rights without discrimination. States have a responsibility to create the conditions for a durable solution to displacement, either through voluntary return, integration or resettlement. The best interests of a child – determined through participatory, age-appropriate and gender-competent assessments – should always be the primary consideration when seeking a durable solution.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 63
- Paragraph text
- The Special Representative welcomes and appreciates the strengthened collaboration between her Office and the United Nations human rights system, and reiterates her continued support, including sharing regular information and advocating the protection of children affected by armed conflict. The Special Representative emphasizes that unless all parties to conflict adhere to their commitments, comply with their international obligations and are held accountable for non-compliance, the plight of children in situations of armed conflict risks deterioration. To this end, the Special Representative offers the following recommendations.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 64
- Paragraph text
- State parties to the Convention on the Rights of the Child are encouraged to strengthen national and international measures for the prevention of recruitment of children into the armed forces or armed groups and their use in hostilities. In particular, those measures include signing and ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and enacting legislation that explicitly prohibits and criminalizes the recruitment of children into armed forces or groups and their use in hostilities; exercising extraterritorial jurisdiction in order to strengthen the international protection of children against recruitment; taking measures to implement the recommendations of the Committee on the Rights of the Child; and submitting timely reports to the Committee under the Optional Protocol.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 67
- Paragraph text
- The international community is urged to continue to mobilize its energies towards: advocating unequivocally for 18 as the minimum age for recruitment and participation in hostilities; exerting international pressure on parties that continue to recruit and use children; monitoring and compelling adherence by parties to conflict to commitments made to protect children, and holding them accountable for failure to comply with international standards; addressing the political, social and economic factors that facilitate the recruitment and use of children; and responding to the rehabilitation and reintegration needs of former child soldiers.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 44
- Paragraph text
- In his report on the rule of law and transitional justice in conflict and post-conflict societies (S/2004/616), the Secretary-General defines transitional justice as the full range of processes and mechanisms associated with a society's attempts to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation. These may include both judicial and non-judicial mechanisms, with differing levels of international involvement (or none at all) and individual prosecutions, reparations, truth-seeking, institutional reform, vetting and dismissals, or a combination thereof. Given the deep impact of conflict on children, child protection actors have advocated for a comprehensive view of the involvement and participation of children in all aspects of transitional justice. To attempt transitional justice processes without involving children not only fails to comply with the Convention on the Rights of the Child - the most universally ratified international instrument - it also compromises the outcome of those processes.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 73
- Paragraph text
- Member States which bear a central and immediate political, legal and moral responsibility, should comply with international law for the protection of children within their territories. They should take strong and urgent action to bring to justice individuals responsible for the recruitment and use of children in the armed forces or armed groups, and their use in hostilities, in violation of applicable international law. They should also take action against other grave violations against children through national justice systems, including undertaking appropriate reforms of national legislation for the protection of children, in order to bring laws into line with international obligations, as well as strengthening child-protection capacity and training for the military, the police, and law enforcement and judiciary officials within national security sector reform efforts.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 63
- Paragraph text
- One of the key challenges is to overturn the inclination, including of many mediators, that broader political considerations and dynamics may be adversely affected or compromised by child protection issues surfacing at negotiating tables. There is often a reticence to consider the protection of children as a "high line" priority on an equal footing with considerations of achieving or maintaining ceasefires, for instance. Yet, such issues as the immediate cessation of grave violations against children and the unconditional release of all children associated with fighting forces should be seen as fundamental to any ceasefire agreement. Continued violations such as child recruitment, or unwillingness to identify and release children already in fighting forces, must be formally stipulated as violations of ceasefire agreements by parties to a conflict.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 75
- Paragraph text
- In view of the disturbing trend of civilian casualties, especially children, during the course of military operations, Member States are urged to ensure that national and multinational forces adopt standard operating procedures to mitigate the direct targeting or collateral death and injury of children. Regional and United Nations peacekeeping missions are also urged to support the development of such procedures. If support is given to national forces by international peacekeeping operations it must be on the condition that those forces have procedures in place for the protection of civilians.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 6b
- Paragraph text
- [In this regard, the development of standard operating procedures by armed forces is critical in order to put in place additional protection measures for children during military operations. Regional and United Nations peacekeeping missions should also prioritize such measures and procedures in the context of peacekeeping engagements or where international forces are supporting national forces in joint operations. These standard operating procedures may vary from one context to another, but a minimum set of measures should include:] Refraining from engaging in combat and/or using heavy artillery in highly populated areas;
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 75
- Paragraph text
- Lastly, States, which bear the primary duty and responsibility for addressing internal displacement should abide by their obligations under international law and adhere to the Guiding Principles on Internal Displacement. States should: safeguard populations on their territory from arbitrary displacement; protect and assist those who have been displaced; and support and facilitate voluntary, safe and dignified solutions to displacement, particularly those of their most vulnerable citizens – their children.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 66
- Paragraph text
- It is therefore a matter of practical consideration that the United Nations, as well as regional mediation infrastructures and initiatives, are committed to incorporating child protection perspectives and expertise. Child protection elements should be routinely included in guidance materials for mediators, in mediation training programmes and in development of mediation tools. This includes establishment of modalities for child protection actors to regularly collaborate with mediation support focal points and to brief the mediators themselves.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 13
- Paragraph text
- In response to this crisis of education in conflict and other emergency settings, Member States, United Nations entities and civil society organizations have undertaken a concerted campaign in the past several years, which resulted in the adoption by the General Assembly in July 2010 of resolution 64/290 on the right to education in emergency situations. The resolution affirms that attacks on educational buildings is a war crime and threatens the achievement of the Millennium Development Goals, including in the context of education for all.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 36
- Paragraph text
- [Vulnerabilities and risks faced by children who are internally displaced during armed conflict – addressing their rights]: The rights of internally displaced children are expressly guaranteed and firmly entrenched in international humanitarian law and human rights law – the Geneva Conventions and their Additional Protocols, the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights, the Convention on the Rights of the Child and its Optional Protocol on the involvement of children in armed conflict. These instruments obligate State and non-State actors alike to protect children from the harmful effects of armed conflict, to prevent arbitrary displacement, to protect and assist persons who are displaced, and to facilitate durable solutions to displacement, paying special attention to the particular vulnerabilities and risks faced by internally displaced children.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 51
- Paragraph text
- The overarching considerations for the involvement of children in transitional justice processes are set out in the annex to the present report.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 60
- Paragraph text
- Another priority and challenge is to ensure that a level of child protection expertise is maintained as peacekeeping operations are drawn down and restructured in transition to peacebuilding configurations. During that phase, it remains critical that the representatives of the Secretary-General retain adequate advisory capacity on child protection within their offices. In particular, child protection advisers will be responsible for ensuring ongoing monitoring and verification of child protection action plans with parties to conflict, as well as maintenance of the cycle of reporting to Member States on implementation of children and armed conflict resolutions and the recommendations of the Security Council Working Group on Children and Armed Conflict, which often remain relevant and in effect through the transition to post-conflict peace consolidation and peacebuilding.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 42
- Paragraph text
- [Vulnerabilities and risks faced by children who are internally displaced during armed conflict – addressing their rights]: In situations of internal displacement, the freedom of movement of the affected population, including their right to move freely in and out of camps and settlements should be respected. For children, it entails the right to move freely with their family. Few threats to a child’s well-being equal that of being separated from his or her family during conflict, and for these children all possible action should be taken to prevent separation from their families and to ensure rapid reunification in the case of separation. To this end, displaced children, in particular separated and unaccompanied minors, should have their own identity documentation in order to enjoy their full legal rights and to have access to basic social services, such as health care and education.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 4
- Paragraph text
- Protecting vulnerable populations, and especially children, should be paramount during military operations. New tactics of war, the absence of clear battlefields and increasingly numerous and diverse parties to conflict in terms of their composition, motivations and character have complicated matters. Moreover, the rise of terrorism where civilians are the main victims directly challenges the distinction between military and civilian targets, one of the fundamental principles of international humanitarian law. Counter-terrorism and counter-insurgency also blur the line between what is legitimate and what is not in addressing security threats. Raids against predominately civilian targets, including night raids, and the use of aerial bombardment in civilian-populated areas, make children more vulnerable to being killed or maimed and often serve to fuel resentment and conflict.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 5
- Paragraph text
- Rules of engagement of armed forces stipulate that the protection of civilians should remain the foremost consideration in the course of military operations. Increasingly, however, the record indicates that these strictures are inadequate to ensure the safety of children. Moreover, as noted by the Secretary-General in his most recent report on children and armed conflict (A/64/742-S/2010/181), there also seems to be a growing practice of putting children in the direct line of danger, through, for instance, their use for intelligence-gathering in military operations. This includes the interrogation of children separated from armed groups during military actions, in contravention of standards that require the immediate transfer of such children to protection actors.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 24
- Paragraph text
- In this regard, Security Council resolutions 1882 (2009) and 1888 (2009) challenge United Nations actors to put in place more rigorous monitoring and reporting mechanisms on sexual violence. Resolution 1882 (2009) advances monitoring practice by requiring the Secretary-General to list in his annual report on children and armed conflict parties who commit patterns of rape and other grave acts of sexual violence against children in contravention of international law. The Office of the Special Representative is in the process of developing templates, with the assistance of an international legal expert and former prosecutor of gender cases in the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, for action plans to ensure that parties that are listed will enter into agreements with the United Nations to prevent such violations, hold individuals accountable and take action to provide support to the victims.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 25
- Paragraph text
- Security Council resolution 1888 (2009) also breaks new ground through its establishment of a focused mandate of the Council dedicated to sexual violence in conflict. These developments have brought a new momentum to address this critical issue, and also represent new challenges in terms of coordinated action among a broad array of United Nations and civil society partners. Beyond the specific focus of the Council on addressing impunity of perpetrators of sexual violence, at the level of the General Assembly the new United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) has been established, with a broad mandate to coordinate the global efforts of the United Nations on gender-related issues as a whole.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Gender
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 65
- Paragraph text
- States are encouraged, to establish 18 as the minimum age for voluntary recruitment into armed forces when depositing their binding declaration (under article 3) upon ratification of the Optional Protocol. States which have ratified but not adopted the straight-18 policy are urged to reconsider their declarations in order to raise the minimum age to 18.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 72
- Paragraph text
- In light of continued grave violations against children in situations of armed conflict, Member States are strongly urged to prioritize the investigation and prosecution of perpetrators through national judicial processes, including high-ranking officials and members of the armed forces as necessary. Furthermore, at the international level Member States are encouraged to take action against persistent perpetrators through the imposition of sanctions and other targeted measures.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 76
- Paragraph text
- In the context of the global campaign for education in emergencies and in light of trends related to attacks in conflict situations against educational facilities, teachers and students, Member States, United Nations entities and civil society organizations are encouraged to take all measures necessary to promote and enforce the concept of schools as zones of peace. This should extend to the development of curricula with an emphasis on peace education and fostering cultures of tolerance.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- All
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 34
- Paragraph text
- [Vulnerabilities and risks faced by children who are internally displaced during armed conflict – addressing their rights]: On several of her missions in recent years, the Special Representative has witnessed the deeply distressing and precarious conditions of IDPs, the vast majority of whom are children and women. For instance, in November 2009, the Special Representative visited Sudan where she met with communities who were internally displaced. Many children have been displaced for years, with some of them having been born during displacement, while others were newly displaced in 2009 because of continuing armed violence. In these camps, the concerns include tensions caused by the presence of armed groups and the increase in incidents of gender-based violence. Due to lack of security, livelihoods and basic services, few internally displaced families manage to return to their place of origin. Further, during her last visit to Uganda in May – June 2010, the Special Representative spoke with victims of armed conflict and displacement in Gulu, northern Uganda, where many women and children were forced to flee in search of safety and livelihoods. Upon return to their villages, they faced multiple challenges, such as the absence of clean water, health care and education. Schools struggled with a lack of teachers, classrooms and teaching materials. Another major concern was the protection of children and young women against sexual and gender-based violence, caused by a frequent lack of rule of law in IDP return areas.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 28
- Paragraph text
- In the previous report of the Special Representative to the General Assembly, concerns related to internally displaced children were highlighted and the report included an annex specifying the rights and guarantees for this vulnerable group (A/64/254, annex I). The Assembly acknowledged the guarantees in its resolution 64/162 on the protection of and assistance to internally displaced persons. These rights and guarantees include the principle of non-discrimination, the right to documentation, protection from violence and abuse, the right to essential services, and the requirement that when dealing with internally displaced children the best interest of the child must prevail.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 29
- Paragraph text
- A number of regional legal instruments also affirm the rights of internally displaced children, most notably the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention), which was adopted in October 2009. It includes specific provisions reaffirming the right of internally displaced persons to personal documentation, education, protection against recruitment and use in hostilities, kidnapping, abduction, sexual slavery and trafficking, and protection that addresses the special needs of separated and unaccompanied minors, as well as of mothers with young children. The African Charter on the Rights and Welfare of the Child emphasizes the responsibility of States to ensure that internally displaced children receive appropriate protection and humanitarian assistance and pays special attention to the importance of reuniting families separated by displacement. Furthermore, the Council of Europe has adopted a number of recommendations concerning internal displacement, including the right of internally displaced children to education.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 36
- Paragraph text
- Beyond the national level, a central rationale and strategy for the engagement of the Security Council on the issue of children and armed conflict has been to hold perpetrators accountable under international law. The unique means of the Council to impose sanctions and other direct and targeted measures raises the stakes for perpetrators. Thus far, the Council has expressed its readiness to consider targeted measures against perpetrators of grave violations through its resolutions on children and armed conflict, including 1539 (2004), 1612 (2005) and 1882 (2009). Council resolution 1882 (2009) also establishes a linkage between the Security Council's children and armed conflict agenda and its sanctions committees.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 41
- Paragraph text
- It is the long-held position of the Special Representative of the Secretary-General for Children in Armed Conflict and United Nations child protection partners that the international community must seek to engage all parties to conflict in dialogue for the purpose of eliciting concrete child protection commitments and to ensure that parties prepare and implement action plans to both prevent and address grave violations for which they have been cited. Such dialogue does not prejudge the legal status of non-state parties, nor does it confer legitimacy. The primacy and imperative to protect children must override political considerations.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 82
- Paragraph text
- Member States, bearing the primary duty and responsibility for addressing internal displacement, should abide by their obligations under international law and adhere to the Guiding Principles on Internal Displacement. This includes as provided for in the rights and guarantees for internally displaced children, safeguarding populations on their territory from arbitrary displacement; provision of protection and assistance to those who have been displaced; and supporting and facilitating voluntary, safe and dignified solutions to displacement, particularly as regards children.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 20
- Paragraph text
- Sexual violence is often used to achieve military, political and social objectives through, for instance, the targeting of specific ethnicities or terrorizing populations to force displacement. Data indicate that children are particularly vulnerable to sexual violence in and around refugee and internally displaced population settings, and when they are directly associated with armed forces and groups. Child survivors of sexual violence suffer both physical and psychological consequences, which are often debilitating. This is particularly true for girls who have been raped or forced to "marry" combatants, as well as for their children born of rape.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Year
- 2010
Paragraph