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United I Nations Nations U nies

ROUTING SLIP FICHE DE TRANSMISSION

TO: Mr. Choi A:

FROM: B. Miyet OE:

Room No. •· No. de bureau Extension •· Poste Date

S-3727A 3-3075 25 March 1999

FOR ACTION X POUR SUITE A DONNER

FOR APPROVAL POUR APPROBATION

FOR SIGNATURE POUR SIGNATURE

~ FOR COMMENTS POUR OBSERVATIONS

MAY WE DISCUSS? POURRIONS-NOUS EN PARLER ?

YOUR ATTENTION X VOTRE ATTENTION

AS DISCUSSED COMME CONVENU

AS REQUESTED SUITE A VOTRE DEMAND

NOTE ANO RETURN NOTER ET RETOURNER

FOR INFORMATION POUR INFORMATION

Re: Meeting on 18 February 1999 with Mr. 0. Otunnu/SRSG-CAC: Briefing Note from Col. Leentjes to Messrs. Miyet and Choi on "Working Group on Child Rights in Peacekeeping"

This refers to the above-referenced meeting held on 18 February 1999 between DPKO representatives and Mr. Otunnu to discuss possible means to accelerate coordination between his Office and DPKO as well as DPKO's possible participation on the inter-agency Task Forces established by Mr. Otunnu to examine selected initiatives from his proposed work plan. In preparation for that 18 February meeting, Col. Leentjes submitted the attached briefing note describing the action that had been taken to assist the 0/SRSG-CAC "in establishing a working program to incorporate standards into UN peacekeeping operations". Ms. Lahoud also submitted a note of 12 February 1999 regarding prior coordination with Mr. Otunnu 's Office.

As you will recall, at the conclusion of the 18 February meeting, I had asked that you take the lead in arranging follow-up meetings with Mr. Otunnu to ensure that adequate coordination and progress was made on outstanding issues . I would appreciate it if you would provide a note outlining what further contacts you have had with Mr. Otunnu's Office since that meeting and what future action is envisaged.

cc: Mr. Annabi Gen. Fraticelli

DPKO - OUS G INCOMING MAIL

99 .o 2.2.~9.

· A,!ion by:_---'Il,L.'.....:::C"--------­

:nfo copy to: ~t\ , K ~ 1 ~'F- --­[. N_L 1 f LI CCC } _ltEk

Plr>i'/,e return ongmals to Centrallm,,er. __

• DPKO -OUS ,c,,c.3,''flNCOMING MAI

(JQ-O.:?ll'I

BRIEFING NOTE FOR MR MIYET AND MR CHOI • Action by: -------ln!o copy to: B111 1 H" , 'j JC)

• G F- C\J.<:, 10 L, CCC ] Working Group on Child Rights in Peacekeeping Please return originals to Central/oft,

. XReF: qq - 0 I ,J.J;J_ There was concern expressed m the OSRSG CAC note that DPKO has not honoured the promises it made to assist the OSRSG CAC in establishing a working program to incorporate standards into UN operations. This view is very incorrect. Much has been accomplished within DPKO itself, h0wever even more has been accomplished in the cooperative work with UNICEF, OHCHR, UNHCR and the UNSCP.

DPKO has maintained a partnership with OHCHR, UNHCR and UNSCP for over two years, and more recently \?ith the UN Security Coordinator to train national level police and military trainers in all aspects of multi-dimensional peacekeeping. This has included issues of Child Rights as one of the elements of the broader issue of Human Rights. Over 200 trainers, resposible for the development of National policy and training have attended this training.

Even as early as October 1997 DPKO also realized the need to participate with UNICEF as a partner following up the Graca Machel report. This cooperation was the subject of an exchange of letters. (Flag A)

Informal contacts continued and two papers were produced by UNICEF in; conjunction with other agencies that was to form the basis of the future, Rights Based approach to Children's Issues. This approach is important for training as it provides the basis for Member State's legal obligations. (Flag B)

The training relationship in early 1998 continued to grow even as the bi-lateral discussions were taking place between DPKO/SRSG CAC. As reported on 8 June 1998 (Flag C) UNICEF and DPKO had been cooperating in this area:

I UNICE!F had been invited to join the partnership with DPKO, UNHCR, OHCHR, the UN Security Coordinator and UNSCP to better prepare National peacekeeping trainers;

We agreed to work together to develop training concerning Child rights. A draft module for Peacekeepers on Child's Rights has been prepared for trial on the Train the Trainers courses. (Flag D)

UNICEF representatives attended the Africa Training Strategy meetings to provide input to the ifutiatives; and

A Codes of Conduct session was held with UNICEF staff;

The invitation ~rovided in the memo of the 9th of June 1998 to Mr Choi appeared to be timely, as a meeting had already been arranged by UNICEF, the working group leader, for the 17/18 June 1998. The Training Unit, designated as the working point of contact, attended the meeting with a wide range of UN Agency personnel, Specialist Advisors, Training Institutions, and

I

.. ,\

representatives of Member States. A member of the OSRSG CAC was also present. This meeting focussed on the training of peacekeepers in Child Protection and Rights in the context of International Peacekeeping with the results to provide a basis for future action. (Flag E) It was felt there was a fundamental need to reappraise the role of UN peacekeepers in relation to children as child soldiers, forced recruiting, small arms, demobilization, sexual exploitation, violence against women and landmines. All are inter-related to the child ' s rights issues.

A three tier model for training development was proposed during the meeting which proposed:

Scenario based study packages which could be made available to all Member States. Case studies focussed on ethical and moral dilemmas and respect for International Instruments were to form the basis of the approach, educating rather than training individuals;

Programs would prepare modules for three levels; a module for senior decision makers who need to be convinced of the necessity and value of training; a module for national level trainers who have responsibility for development and conduct of national training and a full mbdule that could be taught to soldiers; ·

Cooperation and integration of effort with the other components of a peacekeeping mission were considered essential.

The challenge will be to produce hard products. DPKO has neither the personnel resources nor funding to develop this material. As has recently been done with HIV/ AIDS modules, the Training Unit with it's partners will seek out donors and expertise to assist the process.

The results of this two day seminar were very productive and developed a reasonable approach for future activity. An OSRSG representative attended the meeting and was aware of the attendance and result. The actions by the OSRSG CAC of 16 July and 21 July 1998 are therefore incomprehensible. There appeared to be a change of direction without any acknowledgment of the ongoing efforts .

DPKO Training materials have been undergone a preliminary review to determine where applicable Child Rights issues can be incorporated.

Standards for Military Observers and Civilian Police - The most recent publications already include the requirement to provide a complete human rights module, which includes rights of the child as an integral element, in the generic/general training of peacekeepers. Age policies are being already being added. This follows the rights based approach agreed earlier;

Codes of Conduct -These are considered to be very effective. Only editorial changes have been proposed.

Military Observers Handbook - this is one of the oldest documents and needs to have Child ' s rights incorporated with the Universal Declaration ofHuman Rights and should

...

include the latest Codes of Conduct. Gender sensitive language is also being revised;

Civilian Police Handbook - needs to have Child' s rights incorporated with the Universal Declaration of Human Rights and the Criminal Justice Standards;

Junior Ranks Handbook; - minor additions are needed;

Guidelines for Peacekeeping - reference to Human Rights, Child Rights and Age Policies are required.

As these volumes are republished changes will be included. The most rapid changes will be made in the electronic versions, that will re-issued on CD ROM.

The Training Unit and UNICEF have a follow on meeting scheduled for 18 February 1999 to finalize our combined approach. They are fully aware of the need to include the other players and will do so, as they have in the past. Note of 16 February 1998 applies. (Flag F)

It is almost as if we have been ships passing in the night, one not noticing the other!

unicefO Uailld !'illG(IIIS Cslldnni Fini Foods~ Nllliam 1:/llica pDllr l'enfaug: Fondo Iii: las folacionea Ullid&s para la .l.nfancia

Dear Maj. Gen. Va Kappen,

Subject: Your Letter dated 19 September 1997

Office al the E.ucutiw Director

1,;;,.;1cEF H"u"' ; L" nirto :'\~tions PIU2 :,.;~,. Y, rk. =--~- Yori- 10017 ,2121 :;( ... ·0,5 "l"dt•: ➔%!0199 i F,_~ , 1212) .l26-1~~R

30 Oetober 1997

Thank you Vf/1.J much for your letter and enc.ouraging remarks regarding future cooperaioD between UNICEF ud DPKO on issues of Training. As you are aware, the recent Gensal Allanbly raolution Oil Children in Armed Conflict bu specific:ally encouraged collabontioa betwem UNICEF and DPKO on training antl integration of Child Rights issues and pa ..... into the ~in& agenda. I am pleased to learn that discussions and pJuvung are alreldy underway between our Office ofEmergeni:.-y Programmes and your Training Unit on finthcr follow-up 111d dcvelopmmn of these linkages. I am particularly interested in collaboration

.. to include cbild rights and protection ~cems in the ~-ig of peacekeepers.

I look forward to our onaoing uaociation on these issues.

.Maj. Gen. Franklin van Kappen Military Advixr Department of Peacekeeping Operations United Nations

bee: S. !Awia, A. Vaher, F. Sc:a.lisi, S. Butler, I. Mac.Lcod

Yours sincerely,

Carol Bellamy Executive Director

f •

A Human Rights Approach to UNICEF Programming for Children and Women:

1

What it is, And some changes it will bring

Table of Contents

UNICEF, New York 17 April 1998

I

INTRODUCTION .............................................................................. pg. 5

PART I GUIDING PRINCIPLES ................ - ........................................ pg. 7

A. WHAT IS A RIGHTS-BASED APPROACH TO PROGRAMMING? ••. pg.7

B. NEEDS, RIGHTS AND DEVELOPMENT ......... ·-···-·-···················Pg. 8

1. Human Rights as the Foundation for Development 2. Needs and Rights

C. KEY GUIDING PRINCIPLES ....................................................................................................................... pg. 10

1. 2.

3.

4.

5.

6.

PART II

Obligations, accountability, duties Special characteristics of the CRC and CEDA W and why both are important for UNICEF

a) Universality b) Indivisibility and interdependence of rights

Four General Principles of the CRC a) Nondiscrimination (Article 2) b) Best Interests of the Child (Article 3) c) Right to Life, Survival and Development (Article 6) d) Views of the Child (Article 12)

Characteristics of the CRC that are especially important for UNICEF a) Child as a Subject of Rights b) Role of the Parents, Family, and Community- Evolving

Capacities of the Child Implementation

a) Realism of the CRC b) International Cooperation c) Setting Priorities - a Country Level Focus

Relationship Between CRC and CEDA W

PROGRAMME IMPLICATIONS AND SUGGESTED METHODOLOGY .......................... ~ ...........................•. pg.18

A. GENERAL PROGRAMME IMPLICATIONS ..................• pg. 18

1. Foundation of UNICEF's work

2. Links between monitoring and reporting process for CRC and CEDA W and situation assessment and analysis in country programming

3. Building public and private partnerships 4. Influencing public policy and policy formulation

f .

5. Influencing budgets and the use of resources 6. More intersectoral work ·

B. SPECIFIC PROGRAMME IMPLICATIONS AND SUGGESTED METHODOLOGY ............................................................... pg. 22

1. Situation assessment through human rights lens a) The need for Rights Sensitive Indicators b) Participation and Empowerment c) Links to the Monitoring and Reporting

Processes of CRC and CEDA W Committees

2. Problem Analysis a) Suggested analysis methodology in three steps

Step 1: Causality Analysis - Different Kinds and Levels of Causes

Step 2: Role analysis and pattern analysis Step 3: Resource analysis - who controls what

b) Broad Participation in the Search for Solutions

c) Crucial areas of analysis Analysis of Behaviours and Cultural Patterns Analysis of Prevailing Norms and Legal System

i. Legislation ii. TradiJion as a Factor of Resistance to Change iii. Tradition as a Factor of Change

3. Formulation of the Country Programme a) Suggested Methodology

Defining Different Strategies at Different Levels of Society

Comparative Advantages and Disadvantages Partners, Participation and Empowerment UNICEF Programming Perspectives on Rights Specific Implications on Advocacy

b) Ultimate Objective

C. OTHER IMPLICATIONS OF A HUMAN RIGHTS APPROACH ............................................................... pg. 32

1. Human Rights Programming and UN Reform 2. Advancing the human rights agenda with the IFis

(particularly the World Bank)

CONCLUSION ...... -····-········ ........................................................ pg. 35

t •

IntroduJtion I

Human rights are fundamental to UNICEFs work. UNICEF, as part of the United Nations system and guided by the United Nations Charter, has a responsibility for the realization of human rights along with all of the system-wide organizations, agencies and funds. In addition, as the Mission Statement makes clear, the Convention on the Rights of the Child (CRC) is the organization's guiding frame of reference. The other important underpinning of the organization's mandate and mission is the Convention on the Elimination of All Forms of Discrimination Against Women (CEDA W).

Both CRC and CEDA W belong to the wide fimrily of international human rights instruments, starting with the Universal Declaration of Human Rights and the two Covenants on Civil and Political Rights, and Social, Economic and Cultural Rights (adopted by the General Assembly in December 1966). Because the CRC and CEDAW reinforce human rig!its principles that are applicable to all human beings and also specifically address those aspects of social, economic, cultural, civil and political life that need attention if children and women are to enjoy their rights fully, both are fundamentally important to UNICEF.

There is growing appreciation in the organization for the new dimensions that a human rights perspective brings to the programming process. For UNICEF, adoption of a human rights approach to programming will entail some new activities consistent with the broader rights agenda, particularly in terms of civil and political rights, special protection, · problems of adolescents and other areas. In addition, greater attention will be needed to areas already being addressed by UNICEF, e.g. policy dialogue and issues related to discrimination and equity.

However, rights-based programming does not mean that everything we do must change. In fact, the i;,olicies and programmes of cooperation supported over the last 20 to 30 years are very largely consistent with what the CRC and CEDA W mandate. Adopting a human rights approach simply means that we look for the "value-added" that the genera} principles and specific standards of the Conventions can provide. '

There is a demand from many national and international partners for UNICEF to play a new and more dynamic role in supporting the implementation of various treaty-based obligations to children, especially those established by the CRC. The renewed importance · of civil society movements and UNICEF's exploration of strategic partnerships with a broader range of actors create unprecedented opportunities for UNICEF to help shape a human development agenda for the future built on human rights principles.

These important new dimensions of our work are understood in broad terms throughout the organization,_.but staff have also asked for specific guidance on what is expected of­them. This document, therefore, aims to explain how important aspects of the programming processes should be approached, building on what staff already know, so that UNICEFs work contributes directly to the realiz.ation of children's and women's rights. It is the product of extensive consultation within UNICEF and with other partners.

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1(.

Without question, each country situation will continue to require a country-specific strategy and good programming skills will more than ever be a required core competency of programme sta£t: including:

• The ability to assess a situation, analyze the causes of problems facing children, women and their fumilies, understand the linkages between problems and how the available human, financial and organizational resources in a country contribute to solving them;

• The ability to uncover the different levels of causation and, with national partners, make informed decisions on what needs to be done for children and where UNICEF should invest its resources.

What will change as a result of the rights approach is the scope of the issues examined as the basis for programme development. In order to make appropriate programme decisions, UNICEF staff at country level will need to:

• Understand the synergy, or Jack thereof: between the legislative process, the ✓ development of public policy and the national development choices that affect children, women and fumilies either directly and indirectly;

• Know those institutions in a society that work to protect the best interest of children;

• Work effectively with state institutions especially those of central and local governments, in ways that fully include and develop the new opportunities that growing civil society movements present.

This paper addresses the following:

• The definition of the rights approach; • The broad context for a basic understanding of needs and rights; • General human rights and child rights principles; • General implications for programming and advocacy; • Specific implications for programming - assessment, analysis, strategy

development and actions; • Other implications for programme support, communication and capacity

building; • Promotion of the rights approach through UNDAF and other development

assistance frameworks.

Part I Guiding Principles

A. What is a Rights-Based Approach to Programming?

A rights-based approach to programming means that we must be mindful in our development work of the basic principles of human rights that have been universally recognised and which underpin both CRC and CEDA W: inter alia, the equality of each individual as a human being, the ~ dignity· of each person, the rights to self determination, peace and security. Among human rights instruments, CRC and CEDA W are the most widely ratified and the most directly relevant instruments to the UNICEF mandate.

Programming from a rights perspective does not mean that for every article of a convention there must be specific indicators to measure it and an appropriate programme­or project-level response. This would, in fact, be contrary to the spirit of these treaties, which have key principles or • foundation articles" that underlie all other articles. The foundation articles of CRC express the overarching principles of non-discrimination, the best interest of the child, the right to participate and have one's views considered and the right to survive and develop. These articles have to be considered in designing programme activities to ad~ specific problems (also see part II, section 3).

Analysis from a rights perspective should lead to an understanding of the mix of causes that together prevent some children from enjoying their rights. To deepen our understanding we must ensure that data is disaggregated by sex , geographic origin, age and ethnicity in order to expose disparities, which are too often concealed by averages. We must also look at whether national laws protect all children and women equally or whether in the application of laws there is inherent discrimination. We need to examine whether the allocation of national resources actually reinforces discrimination against women, girls, certain ethnic groups or disabled children, or helps to overcome it. Also, we must determine whether macroeconomic and social sector policies and programmes are consistent with the general principles of human rights (particularly the best interests of the child) and whether in fact they provide a sound basis for the "progressive realization" of rights.

A human rights approach to UNICEF programming also calls for more inherently integrated, cross-sectoral and decentralized activities, and for participatory approaches recognizing that those we are trying to help are central actors in the development process.

B. Needs, Rights and Development

1. Human Rights as the Foundation for Development

Recent efforts to reaffirm human rights as an integral focus of development activities have been strengthened by a number of political and social trends and events since the early 1980s. The emergence or resurgence of democracy in many parts of the world, for example, has reinforced international support for democratic principles and human rights. Recent civil conflicts, wars and acts of genocide have also elicited strong international calls in defense of human rights. In addition, the expansion and impact of communications technology and transportation are making the world a virtual village, giving peop1e easy access to each others' experiences. Taken together, these changes are creating renewed demand for public sector accountability, good governance and the realization of human rights as the ultimate purpose of development efforts.

The extraordinary momentum behind the process of ratifying international human rights treaties, in particular CRC and CEDA W, is another important fuctor in reinforcing the concept of public accountability. Since States commit themselves, in ratifying such treaties, to respect the standards the treaties establish, individuals and institutions can be held accountable when human rights are not realiz.ed or are wilfully violated.

The CRC, which is the most comprehensive human rights treaty, is also the most widely and most quickly embraced, evidence of the consensus possible with regard to children. -1bis consensus can help to create a more positive climate for the acceptance of other human rights standards.

The process of encouraging CRC and CEDA W ratification, plus a series of global conferences, most notably the 1990 World Summit for Children and the 1995 Fourth World Conference for Women, have further fuelled social and political support for human development and human rights. Among the other conferences that have adopted agendas for action that aim to transform various human rights principles into practical actions and time-bound goals are:

• World Conference On Education For All (1990) • World Conference on Environment and Development (1992), • International Conference on Nutrition (1992), • World Conference on Human Rights (1993), • International Conference on Population and Development ( 1994 ), • World Summit for Social Development (1995), • Second UN Conference on Human Settlements (1996), • World Food Summit (1996) • Stockholm Conference on the Commercial Sexual Exploitation of Children ( 1996), • Amsterdam and Oslo Conferences on Child Labour (1997) .

In tandem has come a shift in the definition of development. The concept of Sustainable , Human Development means that economic, political, social, environmental and cultural

l,.

dimensions of development are aspects of one holistic process, a vision of development consistent I with the aims of CRC and CEDA W. With this vision, governments and international financial institutions have come to increasingly recognize that expenditures on human development are both sound economic investments and necessary conditions for the enjoyment of human rights.

2. Relationship Between Needs and Rights

The human rights of women and children are need-based in origin and aspiration. Many of the interdependent and interrelated children's human rights that the CRC codifies, for example, are need-based in origin, such as the right to the highest attainable standard of health, to education, or to protection from abuse and neglect. CRC and CEDA W recogniz.e that women and children have specific needs that have been historically neglected or overlooked by societies, neglect that is both a cause and a resuh of the specific forms of discrimination these groups suffer.

A rights based approach introduces the following additional important considerations:

the notion of the legal and moral obligation and accountability of the State and its institutions with regard to meetiµg the basic needs of its people;

the affirmation that children and women are subjects of rights, or in other words they are rights holders, not objects of charity. This change in attitude also initiates a process whereby children, within the context of their evolving capacities, participate in the processes and decisions that concern them and affect their lives.

the principle that benevolent and charitable actions, while good, are insufficient from a human rights perspective. A rights approach is based on the premise that there are shared interests between rights holders and those working to help realiz.e rights. In a rights approach, it is accepted that the State is normatively required to work consistently towards ending denials or violations of human rights, and that the empowerment of rights holders is in itself an important resuh of various processes. A rights-based approach, therefore, better guarantees the sustainability of development progranunes.

C. Key Guiding Principles

The following are key guiding human rights principles, with specific reference to CRC and CEDA W. It is essential to keep them in mind in negotiating and developing country programmes.

1. Accountability & Duties

States voluntarily acknowledge and accept obligations when they ratify human rights treaties. In doing so they agree to implement these treaties and to be accountable for meeting the rights and providing for the needs of the people within their jurisdiction. Ratification also requires States to align their domestic laws with treaty provisions and to ensure that steps are taken to make structures in society, at national and sub-national level, respond in a way consistent with the letter and intent of the law.

States Parties must therefore be proactive in efforts to implement the rights recognizect in the treaties they ratify. Ratification makes them legally accountable and opens the way for UNICEF and other UN agencies to discuss issues with governments when children's or women's rights are not reali7.ed and to comment on progress. As all UN development agencies are required by the UN Charter to play an important role in the reali:rntion of human rights, UNICEF and other UN agencies must advocate for change when national policies and practices, or the policies and practices of bodies other than the State, undermine the realization of rights. In the case of CRC, the special mention of UNICEF in the implementation articles places a further distinct responsibility on the organization vis-a-vis this Convention.

The World Conference on Human Rights (Vienna, 1993) has recalled in the Preamble of its Declaration, "The determination of the United Nations to establish conditions under which justice and respect for obligations arising from treaties and other sources of international law can be maintained". States Parties are accountable before the international community and in this spirit they have to submit to the Committee on the Rights of the Child, and the CEDA W Committee, through the Secretary General of the United Nations, regular reports on the measures they have adopted to realize the rights of children and women.

Civil society organizations concerned with human development and the realization of human rights also play a legitimate role in ensuring that established human rights principles guide both the specific actions of the State and the overall aims of national development. Such organizations are important actors in helping to create and strengthen the culture of rights within communities and countries.

2. Characteristics of CRC and CEDA W as Human Rights Treaties

a) Universality

Article 1 of the Universal Declaration of Human Rights states "All human beings are born free and ,ua1 in dignity and rights." This principle is the foundation of all human rights treaties. In the country-level work of UN agencies the application of this principle, therefore, means that country progrannnes of cooperation need to identify issues · of exclusion and injustice as central concerns in the dialogue with national partners.

While the well-being of all children is of importance to UNICEF, the organization gives priority in its actions to the most disadvantaged children in the countries in greatest need. We must, therefore, assess the immediate needs of the most disadvantaged children and analyze the underlying causes of their exclusion, always mindful of what is most likely to be in children's best interest in a local context.

b) Indivisibility and Interdependence of Rights

One of the basic principles of international human rights law is the indivisibility and interdependence of rights. As the Committee on the Rights of the Child bas pointed out, " All rights are indivisible and interre1ated, each and all of them being inherent to the human dignity of the child. The implementation of each right set forth in the Convention should · . therefore take into account the implementation of and respect for, many other rights of the child."

This principle has an important programmatic implication:

► The indivisibility and interdependence of rights means that all rights have equal status as rights and it is necessary to look holistically at the full range of human needs: physical, psychological, developmental, and spiritual. The principle of indivisibility, however, does not prevent UNICEF from deciding with national partners on priorities for action, based on a combination of situation assessment, problem analysis, and available resources.

For the CRC, the Committee on the Rights of the Child has grouped the issues addressed by the articles of this Convention in the most useful manner for assessing the situation of children: • Freedom and civil society ( articles 7, 8, 13, 14, 15, 16, 37) • Family environment (articles 5, 9, 10, 11, 18, 19, 20, 21, 25) • Health and welfare (articles 6, 18, 23, 27) • Educati6n, leisure and cultural activities ( articles 28, 29, 30, 31) . • Special measures of protection (articles 22, 30, 32, 33, 34, 35, 37, 38, 39, 40).

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3. Four Foundation Principles of the CRC The CRC Committee has ~ identified four CRC articles as "foundation" principles that underpin all other articles.

a) Non-discrimination (article 2)

The principle of non discrimination (on the basis of race, colour, gender, language, opinion, origin, disability, birth or any other characteristic) means that all children have the same right to develop their potential Analytical categories can be discerned, such as gender, that will permit identification of discrimination. In programming, the disaggregation of indicators - at least by age group, etlmic group, geographic area and gender - are essential for making programming decisions that are rights sensitive.

b) Best Interests of the Child (article 3)

The best interest of the child is to be "a primary consideration" in all actions regarding children. The use of the article "a" rather than "the" is significant. Best interest is identified as "the" primary consideration only in relation to adoption. The use of the article "a" implies that the best interests of the child are relative to the best interests of others in the society and that the child's autonomy rights need to be balanced with a child's need for protection. This principle cannot be used to justify actions that would contradict other provisions of the CRC.

Saying that the best interest of the child is a primary consideration also means that certain factors should be taken into consideration in determining outcomes and guarantees, and that other interests such as those of the State, parents or other, will not automatically prevail. This principle also emphasizes the right of each child to express his or her views in all matters related to his or her life, in accordance with age and maturity. The CRC encourages appropriate participation of children in making decisions. CEDA W has a similar principle with an even a higher standard: the principle of "paramount consideration".

The principle of the "best interests of the child" is applicable in three main ways: *

*

*

First, it supports a child-centred approach. When read in conjunction with the other articles of the CRC, the "best interests" principle is meant to guide the interpretation in a particular direction. Second, serving as a mediating principle, it can help to resolve confusion between different rights. Third, the "best interests principle" provides a basis for evaluating the laws and practices of States Parties with regard to the protection provided to children. In t~_connection, UNICEF and others have invoked the "best interests" principle to

__ argue that basic services for children and women must be protected at all times, including during wars or periods of structural adjustment and other economic reforms.

A major challenge is to determine what constitutes the 'best interests' in a particular

socio-cultural context. When traditional societies are confronted with new concepts, the resulting Jpheaval in value systems may not benefit children. Clearly, rights-based progranumng is also about values, to ensure that society values women and children, protects their rights and responds positively to their entitlements. As many societies, therefore, go through periods of political, economic and cultural transition, CRC and CEDA W should serve as touchstones and guides for defining the desirable direction that change should take.

c) Right to Life, Survival and Development (article 6)

Children have a right to life, survival and development. In this regard, it is crucial to take into account the issue of accessibility, which seeks to guarantee the right to basic services, equity of opportunity for all individuals to achieve their full development. This is based on, among other things, distnl>utive justice, which implies the adoption of positive measures that ensure that the policies truly cover all sectors.

d) Views of the Child (article 12)

The views and voice of children must be heard and respected. This principle is closely linked to the best interests of the child.

4. Characteristics of the CRC as a Specific Child Rights Instrument

a) Child as a Subject of Rights

As rights holders, children have active roles to play in the enjoyment of their rights and in helping to define how the rights are to be :fulfilled. The Convention thus clearly recognizes the fact that rights are not just "provided for" but also rely on the participation of those who are concerned.

For UNICEF, this means that children's opinions are important and their views and voices must be heard and taken into account concerning the realization of their rights. They should also participate in decision-making processes that affect them, in ways that are appropriate for their age. There are special implications in this regard for programmes in education, juvenile justice, social welfare, adoption, IIlV / AIDS prevention and reproductive health.

b) Role of Parents, Family and Community- Evolving Capacities of the Child

The CRC concretely recognises the role, rights and duties of parents, or the"extended family or community" as the primary caregivers and protectors of children. This recognition involves the obligation both to support the family in these roles, and to step in when the family is unable, or fails, to act in the best interests of children.

The Convention also ·recogniz.es the role of the fiun.ily in providing -- "in a manner consistent with the evolving capacities of the child" -- appropriate directiori and guidance for the child in the exercise of the rights recogni7.ed in the Convention ( art. 5). Both the role of the parents and fumily and the child's status as the subject of rights are forcefully underpinned by this provision. This principle means that parents should guide children in the exercise of their rights but that a child, as he or she grows and matures, should become more directly responsible for decisions on how to exercise rights.

An important programming implication of this is that UNICEF should assist governments in supporting fiunilies that are unable to care for their children and monitor the outcomes. UNICEF programmes should also be designed to inform/empower fiu:nilies - as the primary care givers - to provide better care. Account also needs to be taken of children's evolving capacities during adolescence, when access to information, for example on reproductive health, emerges as a vital issue. The phrase "the evolving capacities" restates and emphasizes the importance of the participation of children and adolescents in decisions concerning their own life.

5. Implementation of the CRC

a) Realism of the CRC: Children First, doing the maximum with existing resources.

Article 4 of the CRC says: "States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the _ present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where need~ within the framework of international co-operation." This article means that the State has a duty to act in the best interest of children when allocating the resources available in the society, no matter how small the amounts. The State must also demonstrate good faith by being able to show that actions have been or are being taken to give children the priority they deserve.

While governments have the principal responsibility, this duty covers both governmental and other resources, human and financial - such as public and welfare institutions, including at sub-national level Civil society organiz.ations can also be very efficient in mobilizing resources at all levels of society.

Thus, States Parties are responsible for moving forward to implement the provisions of the Convention with whatever resources they possess and, as necessary, must mobilize support from outside. The challenge is, therefore, usually to ensure that the term "available resources" is viewed as "total available resources", and not just those currently allocated to the social sector. It is also necessary to demonstrate that even with existing resources, efforts are being made, and that there is a plan to mobilize additional resources at both national and sub-national levels.

I j b) International Cooperation (articles 4 and 45)

It is rare ta human rights treaty explicitly includes the international community among those responsible for implementing its provisions, yet the CRC stresses the role of the international community in supporting implementation. By including the phrase "where needed, within the framework of international co-operation" in the article concerning available resources, the CRC clearly links the responsibilities of States Parties with those of international development partners. In addition, a number of articles call for international cooperation to support implementation, for example: the child's rights to health (article 24), to special care when disabled (article 23), and education (article 28).

Furthermore, UNICEF is specifically mentioned several times. "The specialized agencies, UNICEF and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as full within the Sf<>pe of their mandate". In addition, "the Committee may invite specialized agencies, UNICEF and other competent bodies as it may consider appropriate to provide expert advice... and to submit reports on the implementation of the Convention in areas fulling within the scope of their activities."

f c) Setting Priorities - a Country Level Focus

As noted above, both the CRC and CEDA W are based on principles of universality and indivisibilityr which make it clear there is no inherent hierarchy of rights and that all rights are equal as rights. The Conventions do, however, often contain phrases such as "the . appropriate resources", "will take all appropriate measures," and specifically in the CRC: "Taking due account of the importance of the traditions and cultural values of each people."

These phrases recognize that societies differ and there is need to adapt implementation strategies to country realities. It is the recognized responsibility of States to determine where to begin and what is most urgent, always in a manner that is true to the spirit of the treaty undef consideration, and . in the case of the CRC, in a manner true to the best interests of the child. Under no circumstances, however, should a State violate the rights of children or women or allow them to be violated, regardless of a lack of resources. All States are required to take direct action to protect human rights in such circumstances and a lack of resources is never an excuse for not taking such action.

It also follows that organizations working to implement and fulfil human rights also need to prioritize according to their own resource availability, their expertise and the knowledge of what others are doing in similar spheres of activity.

6. Relationship between CRC and CEDA W ,

CEDA W ~as adopted by the UN General Assembly in 1979 and entered into force in 1981. The CRC was adopted in 1989 and entered into force in 1990. CEDA W has been ratified by 166 countries, and the CRC by 191 countries. These two treaties are the most

widely ~ndorsed human rights treaties in the history of the United Nations. Both are based · on the principles of human rights as articulated in the International Covenants, and both reaffirm human rights as universal, indivisible and interdependent.

CEDA W essentially builds on the existing international human rights machinery but points out that they are not sufficient to guarantee the full enjoyment and exercise of women's human rights. In its preamble, it elaborates that discrimination violates the principles of equality and is an obstacle to the reali:mtion of women's political, economic, social and cultural rights . The thirty operative articles of CEDA W together with the General

· Recommendations of the CEDA W Committee deal with the obligations of States Parties in enacting appropriate legal, administrative, and other measures to ensure the comprehensive prolnoition and elimination of discrimination against women. Its scope extends beyond public life to include discrimination that occurs in private life, and in the fimill.y. CEDA W applies to females of all ages since no specific age-group is specified. For UNICEF purposes, it is important in our focus on girls.

The Committee on the Rights of the Child and the Committee on the Elimination of All Fonns of Discrimination Against Women have emphasiz.ed the complementary and mutually reinforcing nature of CRC and CEDAW. Together, they form an essential framework for a forward-looking strategy to promote and protect the fundamental rights of girls and women, and decisively eradicate inequality and discrimination.

The mutually reinforcing nature of the two Conventions protect the rights of girls and women throughout the life cycle, beyond the specific articles in each text. To illustrate . how inter-related women's rights and children's rights are, for example, is the · well-established medical fact that a significant percentage of inf.ant deaths - - particularly those that occur within the first 28 days after birth -- are attributable to the poor health and nutrition of the mother during pregnancy and in the immediate post-partum period. In some cases, neglect in the care of the female infant due to cultural attitudes of son-preference results in higher mortality among female infants. Also well-documented is the strong positive correlation between women's literacy and girls' educational levels. Women who have experienced the benefits of education themselves are in a better position to take decisions on the education of their children, especially of their daughters.

Equally important is the centrality of women's human rights to the overall achievement of human rights. This needs to be understood from the perspective of women's individual and collective rights and the implications women's inequality has for the achievement of human development goals, beyond those associated with women's reproductive and caring functions. Women and girls constitute just over 50 per cent of the populations of most countries and if their political and social participation -is disproportionately low or altogether lacking it means that half the population is not represented.

Since the mid-1980s, the UNICEF Executive Board has-approved policies on women in development and gender equality, and has endorsecf women's rights and the understanding that CRC and CEDA W jointly provide the umbrella of rights and nonns for gender-responsive programme goals and strategies. The World Conference on Human Rights held in Vienna (1993) declared the human rights of women and girls as "an inalienable, integral and indivisible part of the universal human

rights". The Platform for Action of the Fourth World Conference on Women in Beijing (1995) r~ed this and outlined specific objectives and strategies for the implementation of these rights.

In many countries, the application of both CRC and CEDA W has directed attention to the situation of girls and women. This has led to identification of the overlapping issues and calls for specific actions for elimination of discrimination and reduction of gender-based disparities. Some examples include:

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Special policy measures for girls' education to remove obstacles of discrimination. In some cases, girls' education and vocational training have been linked to employment opportunities for women.

Legal reform for guaranteeing a child's right to a nationality and women's right to inherit property bas been critical to the care and development of children, particularly in war affected areas.

The rights to information on sexual and reproductive health issues will ensure equal access of both adolescent boys and girls to such information.

Harmful cultural practices such as female genital mutilation is recogniz.ed as a violation of girls' rights and not only as a health haz.ard.

Recognition of sexual exploitation and gender-based violence against girls as violations of rights, leading to legal measures for punishing the perpetrators and for protecting vulnerable groups. In some places, new programmes of family support services provide incentives for education and employment.

Child care facilities for protecting the best interests of the child and providing support to women's economic participation.

Collection and analysis of gender- and age-desegregated information for monitoring the implementation of CRC and CEDA W.

Part II Programme Implications and Suggested

Methodology

While there are many ways in which a human rights perspective will change the way we as an organization do things, our strength will remain our ability to identify and respond in practical, country-specific ways to the situations that rob children of their chance to realiz.e their full human potential. The ability to influence, shape and help implement policies and programmes of action for children, to stimulate public dialogue on issues that affect the quality of children's lives and to monitor and publici7.e progress for children will continue to be UNICEFs main business. A rights approach to programming builds on these strengths.

A. General Programme Implications

1. Foundation of Our Work

A State's ratification of a human rights treaty means that the State recogni7.es its obligations to provide for and to protect the rights of the people within its jurisdiction. The State also recogniz.es a person's right to participate fully and equitably in the civil, political, economic, social and cultural life of the State. In relation to UNICEF, the CRC · provides a legal foundation for the ethical and moral principles that have always guided UNICEFs work for children.

As a member of the United Nations Family, UNICEF also has an obligation to help countries honour their commitments to human rights. UNICEF is identified as having a special role in relation to CRC and must therefore ensure that country programmes of cooperation and global activities specifically support the implementation of the CRC.

2. Links Between Monitoring and Reporting Processes for Conventions and UNICEF Efforts to Assess and Analpe the Situation of Children, Women and Families

Most human rights conventions and treaties have established follow-up mechanisms that require States to monitor and periodically report to a Committee on compliance with, and on progress and difficulties encountered in implementing, such treaties and conventions. UNICEF must now find effective ways through the programming process to link its situation assessment and analysis in programming with the State's process for reporting on its treaty obligations to children and women. This means that the UNICEF assessment and __ analysis of children's and women's situation must also be guided by the vision for children and women's rights that the CRC and CEDA W have established.

An important new dimension of using the CRC as a framework for developing action for children is the recognition that individuals up to age 18 are children. The CRC is,

however, mindful of changes in needs and the evolution of capacity from early childhood through puberty and adolescence. The UNICEF situation assessment must examine the degree to which national laws and, where applicable, customary laws do or do not provide children and women with legal safeguards. The analysis must examine how legal frameworks are being developed and applied in a country with respect to children and women. In other words, UNICEF must know and understand how legislation, public policy and national institutions impact on the realiz.ation of children•s and women's rights.

3. Building Public and Private Partnerships

In the cooperating partnership that has always been at the heart of UNICEFs programme approach, Governments have been our principal partners. However, this cooperation becomes even more Vlorant and productive when the groups and organivrtions of civil society that share common values join the partnership for good governance, which is an essential condition for the protection of children's and women's rights.

For this reason, the alliance with civil society organizations is not an alternative to working with governments, but is a cornerstone of the effective private/public collaboration essential to CRC and CEDA W implementation. The well-being of women and children is heavily determined by what happens in the private spheres of their lives; within their fiunilies, households and communities. Wrth regard to children, the ability of parents and to a great extent their mothers, to provide for and to protect them is the key determinant of their survival and optimal development. A rights approach requires UNICEF to find effective ways of influencing outcomes for children at the fumily and ·. community level, as well as through institutional and administrative arrangements of the State, at local and national levels.

The role of many groups whose actions impact directly or indirectly on children must be considered in the assessment and analysis process. This is necessary in order to decide who needs to take what action, and in monitoring and evaluating whether the action has in fact helped to make the lives of children and women significantly better. Programmes that permit a variety of actors to play a role in addition to the government increase the opportunity to generate positive and lasting social change.

Even before the importance of CRC and CEDA W was widely apparent, the best UNICEF-supported programmes always gave high priority to advocacy for people-centred development and broad community involvement in decision-making, as essential to the achievement of specific programme objectives. In areas where UNICEF has helped strengthen real dialogue between communities and government, and where programmes have placed emphasis on community, household and individual participation for improved decision-making, the ground is already fertile for introducing the principles of CRC and CEDA W as guiding :frameworks for action.

4. Influencing Public Policy and Policy Formulation

UNICEF bas an increasingly vital role in working with national partners to improve public policy development to realize the rights of children and women. As part of this effort, explicit attention must be paid to the following:

i) the links between a given policy and the realiz.ation of particular rights in the CRC andCEDAW;

ii) the degree to which a given policy is consistent with the general human rights principles, including the best interests of the child, non-discrimination, participation and survival and development;

iii) whether the policy provides a sound basis for the "progressive realiz.ation" of rights;

iv) whether the policy making process allows for effective participation of all the holders of rights, including children and women themselves. In this way, UNICEF engages in a systematic effort to leverage the decisions and resources of other development partners in ways that advance children's and women's rights.

CRC and CEDA W provide States with the framework for determining the substantive content of children's and women's rights. As the CRC identifies States Parties' obligations ·. with regard to children, public policy directions can be linked explicitly to the commitments that a State assumes through its ratification. UNICEF is uniquely placed to support local and national governmental bodies to develop the policies and programmes of action that are informed by, and consistent with, the principles of CRC.

A programming approach that is guided by CRC and CEDA W should explicitly seek to create conditions that allow women and children to participate more fully in community life and in the development of policies that affect them. Such a focus also helps to create a climate for the broader acceptance of human rights principles and fucilitates the orientation of national policy to build a value system that recogniz.es human dignity, values tolerance and acknowledges the rights of people to be partners in the development of their communities.

A rights perspective in programming requires that UNICEF country teams have good skills in public policy analysis and formulation, and a keen sense of the political processes that shape major social changes in a country. UNICEF must promote the universally accepted standards of CRC and CEDA W and, as an advocate for children, must use its voice and moral authority effectively and appropriately. A rights perspective also implies the need to create alliances with other organizations, especially those whose mandates an~_ roles complement ours. Such alliances are particularly important in volatile situations where the human rights of women and children are especially threatened.

5. Influencing Budgets and the Use of Resources I

In order to fulfil their commitments to the principles of the CRC, States need to consider how to maximize the use of available resources for children. In many countries this could involve significant shifts in the allocation of government resources. It also implies that resources beyond public finance need to be seen as potentially "available resources" for children: For example, institutional and privately held resources may need to be tapped.

In assessing the situation of children, both UNICEF and the UN country team should examine the extent to which national resources, as defined above, are used in a given country to advance the human development agenda. In particu1ar, this means determining the level and effectiveness of the resources devoted to children and women, and examining on this basis whether the standard of "maximum extent of available resources" is met, making use of tools like the 20/20 initiative.

6. Much More Intersectoral Work

A rights approach will not fundamentally change all UNICEFs current programme activity. The social and economic rights of children and women must be met through the provision of essential services such as health, education, access to adequate food and to care. However, a rights perspective requires that attention be paid also to the civil and political dimensions of meeting basic needs. Inequity and discrimination which are both direct and underlying causes of children's and women's deprivation must be addressed as · well.

A rights approach also means that we work in ways that situate short-term programme objectives in the context of longer term goals that seek to fundamentally change deeply rooted conditions that perpetually undermine the full implementation of CRC and CEDA W. Put another way, UNICEF programmes need to find the right balance between activities that respond to the urgent survival and protection needs of children, while contributing to the social, economic and legal transformation that will guarantee sustained protection and :fulfilment of children's rights.

Priority attention must always be paid to ensuring that UNICEF programme activities help lead to greater cohesion and integration in a community or society, especially for those most affected by discrimination based on gender, ethnic origin or social class. UNICEF must also be able to demonstrate that programmes of cooperation contribute in observable ways to making the participation of women and children possible, especially in family and community activities that directly influence their well being.

Children's survival and their fullest possible development depend on the convergence of several essential interventions and on the quality of care and protection offered by their family. UNICEFs cooperation, therefore, should be situated within a broad strategy that draws on the contribution of many key parties. UNICEF also bas an obligation to help facilitate the development of such partnerships and to constantly monitor whether its work and that of others are contributing holistically to the realization of children's rights.

B. Specific Programme Implications and Suggested Methodology

The UNICEF programming process is based on the Triple-A model of assessment, analysis and action, an iterative process of learning and doing, with no marked beginning or end. In recent years, the need has emerged to distinguish more clearly between the assessment phase of the Triple-A process, and the analysis process.

In the assessment phase, undertaken jointly with national and international cooperation partners, the condition of children and their families should be broadly examined. The analysis phase, reflecting UNICEFs unique perspective on the situation, should explore the various levels of causality of identified problems, and determine the role played by various actors.

A rights perspective requires us to enhance the process of asses&nent and analysis through -a full understanding of the legal framework of a country, and the fuctors that create and J)\'!rpetuate discrimination and social exclusion and hinder many children from realizing their potential. A rights perspective, therefore, helps us to more fully understand how law, social norms, traditional practices and institutional responses positively or negatively affect children and women.

While the situation assessment should be a broad examination of how children and women rare in relation to the full range of rights addressed by CRC and CEDA W, the . analysis should be the basis for determining the country programme objectives and · strategy. It will be important to continue to distinguish between the problems UNICEF will address directly through service delivery and capacity building strategies; those problems it will not address and why; and those it will deal with either directly or indirectly through monitoring and advocacy. In all aspects of strategy development, partnerships with other actors are critically important. The following section provides guidance and suggests methods for programming effectively on the basis of the CRC and CEDAW.

1. Situation Assessment Through Human Rights Lens

A rights-based approach changes the way most of us think about development. In the past we have used a conceptual framework to provide a common reference during the situation analysis (assessment and analysis) stage of our programme development. A conceptual framework helps to identify what is important and what are the key problems in a specific country context. It cannot be all inclusive nor it is a basis for prioritizing action.

Country offices have usually developed their own framework of causality. Some have utilized the initial work of UNICEF in Tan7,3nia, later promoted as part of the UNICEF Strategy for-Improved Nutrition. This "nutrition" framework, particularly in its later and somewhat broader versions, has proven to be a good basis for understanding the factors most likely to affect the situation of women and children. In addressing gender disparities, country offices have also used the Women's Equality and Empowerment Framework (WEEF) in the formulation of objectives and strategies.

(Please see the Conceptual. Framework for Assessing and Analysing the SiJuation of

;,~°::en,,, te~°n~:,/;;;; Rights Perspective, attached· in a separate wordperfect

a) The Need for Rights Sensitive Indicators

Choosing indicators that will give accurate readings on a range of children's and women's rights concerns is demanding. Some indicators, of course, better yield the quantitative and qualitative data that are essential to monitor progress from a rights perspective.

The clusters of principles that the Committee on the Rights of the Child has proposed for the CRC are helpful in identifying indicators, especially since the clusters are the same ones that Governments use in monitoring and reporting on their implementation of CRC. But this approach also has disadvantages since the clusters do not explicitly address a number of issues that are also important to UNICEF, including, for example, certain principles of CEDAW, some issues addressed by global conferences such as ICPD and the impact of environmental fuctors on children.

In this regard, it is also essential to remember that child rights are not limited to children=s special protection rights, or in UNICEF terms, to the rights of those children in especially difficult circumstances. In deciding on rights sensitive indicators, this is important to remember since we have an obligation to monitor and assess children's equitable access to their full range of rights, including health care, quality basic education, adequate care and nutrition, safe water and sanitation.

Country programmes of cooperation should also assess the degree to which all members of society enjoy their participation rights. If we continue to restrict our understanding of rights to the abuse, neglect or exploitation of children, we will continue to miss the . opportunity to use CRC and CEDA W effectively in the full range of our programmatic · activities.

The Committee on the Rights of the Child has suggested that States use the following clustering in monitoring CRC implementation and in reporting t~ the Committee on progress:

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General principles: Nondiscrimination (including equity and gender equality) Participation Best interests of the child Survival and development

Civil rights and freedoms (including birth registration) Family environment and alternative care Health, nutrition and welfare (including disability) Education, leisure and cultural activities Special protection measures General Measures oflmplementation

Existence of legislation on child rights/women's rights Existence of national institutions to promote and protect children's and women's rights (Ombudsperson, National Commissions, Parliamentary Commissions) Coordinating and/or monitoring mechanisms at national level and

Resource allocation for children and women in the nationaVregional/local budget and as part of Overseas Development Assistance How NGOs and other actors of the civil society participate in the national debate on children Existence of associations that enable women and children to promote their best interests.

b) Participation and Empowerment

The degree to which participation rights are seriously assessed will influence the extent to which a country programme will reflect a rights perspective. Detennining the questions to ask and collecting information about the extent to which children's rights are respected should involve children. Under the terms of Article 12, children have the right to be consulted about their own perception of their situation and, depending on their understanding and their maturity. They also have the right to play a significant role in shaping the response to their problems, in close cooperation with fumilies, conmunities, NGOs and other interested parties. This article complements the accepted principle that women must be involved in the assessment of their own situation at all stages.

c) Links to the Monitoring and Reporting Process of CRC and CEDA W Committees.

In assessing the country situation of children and women, UNICEF offices should be . guided by the List of Issues, Concluding Observations and Summary Records of the Committees for CRC and CEDA W. The concerns and specific problems identified in these documents by these Committees might point to the need for further study on specific issues within the mandate of UNICEF. Such Observations also highlight issues and concerns which in the view of the Committees require attention and may warrant a UNICEF programmatic response. As requested, UNICEF provides the Committees with relevant information when they are preparing to review States' reports. The CRC Committee has adopted an approach of constructive dialogue with States and this Committee relies heavily on UNICEF to help them understand the situation and context of children when country reports are being reviewed.

2. Problem Analysis

a) Suggested Analysis Methodology in Three Steps

The overt manifestation of a problem is usually only the tip of the iceberg, signalling the preblem's existence, but not its ca~. The process of problem analysis is not done merely to satisfy an institutional requirement, but it is, instead, the very essence of programme strategy development and a critical element of the programme itself

Just as a rights perspective broadens the scope of assessment, it also influences the scope

of problem analysis. From a rights perspective, problem analysis must address the economic, social and cultural rights of children and women, as well as their political and civil rights.

Step 1: Causality Analysis - Different Kinds and Levels of Causes

The problems identified in a situation assessment have immediate, underlying and structural causes, which are interconnected and which together impact negatively on vulnerable children and women in various ways. The analysis stage of our work should help us to understand these levels of causes and the linkages between various problems. The situation analysis, therefore, makes it possible to give reJative weight to various problems, to . understand how their interaction affects communities and individuals and to arrive at a consensus on the causes and poSSible solutions. An explicit conceptual framework fucilitates this process and for this reason it should show the poSSible immediate, underlying and structural causes of problems, and the relationships between them.

As we go through the various levels of causes, we will often discover that many problems have certain common roots. These could be discrimination, gender bias, unsafe environments or chronic poverty. The identification of the root causes of problems is very important because the type of strategy that might be pursued at the structural level should also be influenced by our understanding of how these multiple negative fuctors impact on children and women in different ways. Programme objectives can then be clearly . defined and action can be planned and implemented in a multi-disciplinary manner, rather · than in rigidly sectoral ways. Although integrated programmes may be more complex, when effectively planned and managed they address a broad range of problems and produce more sustainable results.

Step 2: Role Analysis /Pattern Analysis

There are many relationships and roles that exist among various actors and institutions at community, district or country level which are essential for the realization of rights. With regard to children, many individuals and institutions have specific obligations to protect and provide for them. In CRC terms, these groups have obligations towards the child who the CRC has recognized as the subject or holder of rights. In every society, there is a discernible pattern of relationships between children and those who have obligations towards them, and this pattern of relationships needs to be studied and understood. In the analysis of problem causes, the problems identified will most often constitute violations of children's rights and the analysis needs to guide our understanding of why and how various individuals and institutions have failed in their duties to children.

Wrth regard to children, parents normally have the first line of responsibility to provide for a child's basic needs, to protect the child from harm and to create · a :fiunily environment that is conducive to the child's maximal development. Beyond a child's family, the immediate community is usually the source of basic services, and the place where schooling and wider social interaction takes place. Beyond the community, regional and national . bodies have the responsibility to create the broad normative and institutional

contexts for the enjoyment of children's rights. UNICEF and the agencies of the UN system have the responsibility to support countries' efforts to implement their treaty obligations, and when appropriate to remind States Parties of such obligations. UNICEF's programmes of cooperation in this context are part of the international community's response to the realization of children's and women's rights.

The situation analysis should not only focus on problems but should also reflect areas where progress has been made and where gains for children's and women's rights are manifest. In relation to positive developments, UNICEF should promote ways to continually monitor progress.

Step 3: Resource Analysis-Availability and Control of Resources

Linked ve1i;: closely to the analysis of the structural causes of a problem and to the analysis of roles to be played with respect to the realization of rights, is the issue of the availability and control ofresources at all levels of society.

Resources are key in determining both short-term alld long-term development possibilities. Problems and their causes are often directly linked to how resources are allocated and who controls them. Therefore, the country programme of cooperation should assess the constraints that resources pose to the achievement of children's and women's rights. This assessment needs to consider not just levels of wealth or poverty but also the decision-making processes that allocate resources at national, community and household . levels.

Resources, both existing and potential, can be distinguished as human, economic and organiz.ational. Resources can also be either assets (savings) or flows (income). Human resources include knowledge, skills, time, self-confidence and the will to take action. Economic resources include the means of production, such as land and water, credit and income. Organizational resources include the extended family, kinship groups, civil society organiz.ations, government organiz.ations and other formal and non-formal institutions.

In many countries, more progress for children is possible within the bounds of existing resources if decision-making on the control and use of those resources can be altered. In the analysis of resources, it is also important to distinguish inability from unwillingness. An important issue is the extent to which the current decentralization of social sector responsibility in many countries is adequately supported by fair distribution of national resources, and whether the resources allocated match the responsibility that has been assigned at a sub-national level.

b) Broad Participation :n the Search for Solutions

A rights-based approach entails the involvement and participation of individuals and social groups. The involvement of children, women, communities and civil society organiz.ations in situation assessment and analysis can be as important as the :findings. Broad participation in the analysis of constraints and opportunities can lead to increased understanding by all members of society of what their roles are in realizing the rights of

children and women. Also, when people examine problems together and agree on the causes, they are more likely to agree on the actions to resolve them.

This participation is now a right and it is crucial for accelerating change. Broad, effective partnerships for rights become particularly essential if long-term, sustained changes are to be achieved in values and in consciousness about children a..TJ.d women. This calls for an approach to partnership that is based on continuous strategic analysis, not just on short-term opportunities.

This process is also a key element for learning in UNICEF. Broad participation in the analysis of constraints to building a rights-based culture also means that UNICEF can learn important lessons that will help us improve our support to participatory activities. Developing a "listening culture" in UNICEF is important to becoming an effective partner.

c) Crucial Areas of Analysis

Ana/.ysis of Behaviours and Cultural. Patterns

The situation analysis must look carefully at societal, behavioural and cultural patterns in order to understand these interactions. The change of societal values is a long term proposition and a strategic analysis of opportunities to set change in motion is important. We need, therefore, to understand better what -factors influence current social values and behaviours concerning children and women and how these can be influenced over time. A_ . s_pecific programme objective should be to influence attitudes towards children and women · so as to contribute to the development of a culture of respect for their rights.

Analysis of Prevailing Norms and Legal. System

i. Legislation

The administrative and legal frameworks that govern the relations between women, children and the State are important determinants of rights. How schools and child care and weliare agencies function, the conditions in prison, the administration of justice, the behaviour of the police, health workers and others all have important consequences for children and women. National legislation and, increasingly, decentraliz.ed government structures also need to be looked at for their compliance with CRC and CEDA W. How existing standards influence the treatment of children and women, and whether there are mechanisms that enable them to claim their entitlements and rights, are pertinent issues for UNICEF. The organization can contribute to real empowerment by helping to improve the ways in which such institutions operate. The importance of traditional law should also be considered since it may govern the lives of the majority in some countries.

ii) Tradition as a Factor of Resistance to Change

The legal systems of many countries are strongly protective of children's and women's rights, but these achievements may be negated or neutra.liz.ed by traditional practices and local authopties. The law may be explicit about women's right to own land but traditional inheritance practices and banking procedures may both make it nearly impossible for women to actually benefit from these clearly established legal rights.

Traditional law can often be the dominant norm for the majority of a country's population. As part of the social tradition it is respected but it is not static and UNICEF should support traditions that mvour children and women. A country's ratification of Conventions and adoption of compatible legislation is necessary but often not sufficient to make necessary changes occur so dialogue with those who adhere to traditional or customary ~w is necessary. Customs that are incompatible with the CRC and CEDA W must be idjtified and ways to change negative aspects addressed collectively.

iii) Tradition as a Factor of Change

It is important to recogniz.e and understand that tradition can be an asset. Customs are often deeply respected and an important part of people's history. Customs and practices that are positive for children and women should be recognized and specifically promoted as important aspects ofCRC and CEDAW implementation.

A related subject of analysis is social cohesion. Socio-political structures that create a strong sense of social cohesion can help to promote human rights and the recognition of basic needs. A rights approach to programming should identify, analyze and try to preserve those aspects of traditional society that advance social cohesion for the benefit of the child and the woman. It is also important to remember that some modern practices and attitudes have negative effects and our analysis may need to compare modem and traditional norms in ways that help to revive and protect positive traditional practices.

3. Formulation of the Country Programme

Determination of UNICEFs strategic role in a national or local context follows the situation assessment and analysis process. The results of the analysis should produce a strong indication of UNICEFs strategic role in a given context. Although human rights cannot be individually prioritized, actions to address specific problems may need to be ranked in order of priority. Based on its mission and mandate, UNICEF is required to give priority to those who are deprived in a society. They are usually the poor whose most basic need~ are still unmet and whose civil and political rights are either openly violated or ignored. There are many ways to establish a hierarchy of needs, and decisions should be based on a rational assessment and analysis of the problem and the strategic actions that will lead to social transformation.

a) Suggested Methodology

I

Def ming Different Strategies at Different Levels of Society The next step is to identify the resource-relevant strategies and actions to be taken at each level of society, from household to national level, that will be the most efficient and effective in building the individual and institutional capacity to fulfil obligations to children and women.

UNICEF programmes will increasingly have to show what mix of the three fundamental programme strategies - advocacy, capacity-building and service delivery - is being pursued to address the innnediate underlying and basic causes of problems. Obviously, the actions aimed at addressing basic or structural causes of problems will often require longer term strategies. This various obligations to respect, protect, fucilitate and fulfil rights should be explicitly defined and broadly understood among all programme partners.

Comparative Advantages and Disadvantage The choice of programme strategy also depends on two crucial, but often overlooked, considerations: the understanding ofUNICEFs "core competencies" (absolute and largely fixed in the short-run but able to be modified, e.g., through the CPMP) and our "comparative advantages and disadvantages" (relative to existing or potential partners).

UNICEF needs to continue to learn to distinguish between what it can do best, and what it should persuade others to do. We may need to learn to be more selective in the range of our direct interventions and fur more competent in influencing public policy, in developing partnerships and undertaking well-programmed advocacy. This kind of analysis should be . based on critical self-examination of the strengths and weaknesses of our performance, · systems and capabilities, and an understanding of the intentions and capabilities of other intervening organizations.

With this analysis, the country programming process will be able to develop a strategic view of how UNICEF cooperation can effectively assist a society to move in the directions indicated by CRC and CEDA W. The crucial issue is to ensure that the roles of others are complementary, since the range of children's and women's rights is too broad to be dealt with by any single actor working in isolation. Important points of reference in defining the programme strategy are the concluding observations of the CRC and CEDA W Committees.

Partners, Participation and Empowerment From a human rights perspective, broad participation is both a means and an end. The CRC and CEDA W stress participation rights in particular, since traditionally women and children are those most marginalized and excluded from the processes of mainstream society.

Rights are not realized in the things "we do for others." For UNICEF, this concept will entail a shift away from an emphasis on social mobiliz.ation, away from creating a demand for goods, services and even rights to be granted or provided by "others." It will require instead that we engage communities and individuals in discussing what those services will include, how they will be organized and the role of the State and/or others in service delivery and follow-up.

From a hL rights perspective, poor people must be recognized as the key actors in their own development rather than as the beneficiaries of commodities and services provided by others. This is the essence of empowerment and for this reason, empowerment is not a "strategy" per se, but a necessary aspect of all strategies. UNICEF needs to ensure that the programmes we support develop genuine modes of partnerships and participation, which include communities and local associations as full actors in their own development rather than as participants in projects which are planned and managed outside their sphere of influence.

Children's participation rights include their involvement in the social, cultural, political spheres of life. One of the more meaningful participatory roles of youth is in he]ping determine their "best interests". This is already happening in youth AIDS prevention programmes and increasingly in other programme areas. Participation is an end in itseU: and we must he]p to develop programmes that have exactly this as the main objective.

The empowerment of children, their fumilies and communities should certainly be an outcome of a rights-based programme approach. More than ever, country-level cooperation should emphasize the design of programmes that build strong communities and sustainable programme activity. Such an objective will probably require that country programme cooperation extends beyond community participation to community management of programmes and services, in partnership with NGOs, civil society organizations and local governance institutions. UNICEF cooperation in a number of countries is already focussed on building the capacities of local authorities and local . governmental institutions, to better · respond to increasing decentralization. Another · emerging challenge for UNICEF cooperation is to help sub-national institutions to become better coordinators of child-centred and rights-enhancing programmes at community level.

UNICEF Programming Perspectives on Rights UNICEF programmes of cooperation need to: * Influence or convince governments and other actors to make the right choices, by

avojding actions and omissions that violate rights. All institutionaliz.ed forms of discrimination and the failure to enforce legislation, therefore, constitute serious failures on the part of a State;

* Directly support other actions to help realize the rights of children and women; * Empower poor people and particularly children to claim their rights, and help

families, guardians, care givers and all responsible groups and bodies to meet their obligations to children and women.

Specific Implications for Advocacy As noted earlier, a rights-based approach will entail a greater focus on advocacy to bring about changes in national and sub-national policies. Advocacy is neither an externaj._:-relations activity or an add-on to a sectoral intervention. It is a key programme component, based on accurate data regarding the rights situation in specific areas which is derived from systematic monitoring, and it forms a thread linking the various aspects of the entire programme.

As a key programme component, advocacy will demand new competencies. Staff may

need to develop skills in public speaking, abilities to use the mass media, especially radio and television, effectively, and good presentation skills. The messages conveyed also must be clear.

UNICEF staff must play a crucial role in advocating for children's and women's rights in the context of the country programme and in influencing and contributing to national debates that shape public policy. This also relates to what national counterparts are prepared to say and do about children's and women's rights.

b) Ultimate Objective

The majority of children whose rights are seriously violated, ignored or only partially fulfilled are those who live in poverty. Their fiunilies, in general, are unable to enjoy their own rights or protect those of their children. A human rights approach to programming requires UNICEF to make the empowerment of poor fiunilies an explicit objective of our work, based on the recognition that poor people are potentially ttie key actors in their own development. Without the full engagement of the so called target population or beneficiaries, development will be elusive and human rights simply an aspiration.

C. Other Implications of a Human Rights Approach

1. Human rights programming and UN Reform

According to the UN Charter, human rights are about respecting, protecting and fulfilling the inherent dignity of the individual as well as promoting the ability of each individual to reach his or her full potential, in the context of equality, self-determination, peace and security. Along with the Charter, the collection of international human rights instruments constitute a clear and compelling development agenda both for individual countries and for the UN system.

Duly ratified human rights conventions constitute legal obligations for a country. For the UN system, they define its ultimate purpose and rationale. In his "Programme for Reform" the Secretary-General acknowledges "that human rights are inherent to the promotion of peace, security, economic prosperity and social equity" and calls for the integration of human rights into all principal United Nations activities and programmes.

UNICEF, whose mission centres upon protecting the rights of children and women, is well-placed to bring a human rights focus to the UN reform process. To this end, we need to apply what we have learned about the implications of rights-based programming to the broader UN reform effort and_ particu).clrly to the UNDAF pr9sess at the country level. UNICEF must work to ensure that human rights instruments - especially the CRC and CEDA W -- are the essential reference and framework for programming. Among other things, this entails:

i) ensuring that the objectives and strategies of UN-supported programmes as

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outlined in the Country Strategy Note and/or the UNDAF document are informed by the general principles of human rights including the best interests of the child, non-discrimination, the right to participation and the right to life, survival and development;

ii) ensuring that the indicators which serve as the basis for the Common Country Assessment (CCA) are disaggregated by gender, age-group, physical location, ethnic group etc. in order to reveal disparities which could signal systematic patterns of discrimination and the need for special protection measures;

iii) ensuring that the CCA indicators provide a basis for capturing the rights to participation and protection, for which traditional ( sectoral) indicators are insufficient;

iv) defining the scope and structure of the CCA in a way that facilitates an intersectoral analysis consistent with the indivisibility and interdependence of rights;

v) he]ping the other agencies of the UN system to recogniz.e the central importance of human rights to their own programmes.

Adopting a human rights approach to the UNDAF process also requires recognizing and respecting the distinction between the legal obligations of countries stemming from their . ratification of hwmn rights instruments and those political commitments they have undertaken in the context of global conferences or summits. These two sets of commitments, although distinct, are mutually reinforcing.

Finally, UNICEF needs to use the UNDAF process to help governments translate their international obligations under the conventions and their commitments arising out of the world conferences into national priorities and programmes of action.

2. Advancing the human rights agenda with the International Financial Institutions (IFis) - particularly the World Bank

In addition to the UN Reform process, UNICEFs growing collaboration with the IFis -­especially the World Bank in the context of Sector Investment Programmes (SIPs) -­represents another strategic opportunity for UNICEF to advance the human rights approach to development. In this connection, it is useful to keep in mind the following recent developments within the Bank which augur well for stronger UNICEF-Bank collaboration in the pursuit of rights-based development.

First, as the President of the World Bank noted in his November 1997 meeting with the United Nations Development Group, there has been an important evolution in the Bank's approach to Sector Investment Programs linked to the Bank's overarching goal of poverty alleviation. Rigid definitions of what constitutes a "sector" are giving way to approaches that facilitate the integration of cross-cutting issues like gender discrimination, equity, participation. There is thus more "space" within the SIP policy dialogue for the systematic

Conclusion

UNICEF is exploring the implications of rights-based programming through its focus on CRC and CEDA W. Increasingly, this exploration will take into account the comparative advantage of the organization in the context of UNDAF which presents a range of strategic, conceptual and programmatic challenges. In place of a definitive conclusion, therefore, this paper ends by identifying several key issues integral to this ongoing debate.

First, in using human rights conventions as the foundation for development, the international community has to balance the wide scope of these instruments with the need to set clear and realistic programme objectives. What is required, therefore, are innovative strategies and interventions that will translate ethical and legal principles into practical programme activities with verifiable results.

Second, there is a need to explore different ways of conceptua1izing rights which, at the same time, respects their indivisibility and interdependence. For example, organizing rights around the themes developed by the Committee on the Rights of the Child can help to provide a coherent anci manageable structure, making them more understandable and "user-friendly" tools. While it is clear that rights-based development must be holistic and integrated, it is less evident how this can be operationalized in a context of limited resources, multiple actors, and growing demands.

Third, with the rights approach, the ultimate "results" of development efforts may be longer in coming and harder to measure and quantify. It will thus be necessary to re-examine and modify our traditional monitoring mechanisms - indicators, information system, etc. - while preserving efficiency and effectiveness.

Finally, the issue of how development should address those rights that are politically sensitive, and hence controversial, merits further discussion. As in other areas of international law, human rights raise questions about the limits and scope of national accountability. When a government ratifies an international human rights instrument, it commits itself as well as all actors in society - the media, NGOs, civic associations, schools, development partners, and others - to ensuring that those rights are recognized, respected and fulfilled. In this way, the rights approach to programming implies that national governments will expand the scope of participation to encompass society as a whole, assuming collective responsibility for both the fulfilment and monitoring of rights.

. . ..

treatment of overarching issues like universality, non-discrimination, participation, best interests of the child, etc. This is particularly important for UNICEF because in many instances !the SIP process is the main operational mechanism for UNICEF-Bank collaboration at the country level.

Second, there is a fur-reaching process of decentralization under way within the Bank that involves a substantial devolution of decision-making authority to resident missions. This is illustrated by the greater role country directors are playing in the loan approval and implementation processes, particularly in terms of loans of up to $5million, which can now be approved within 60 days. This greater flextbility will make it easier for the Bank to collaborate with UN and other agencies on innovative pilot projects.

Third, there is the growing importance of the Country Assistance Strategy (CAS) which, in the context of Bank decentralization, is developed in substantial measure at the country level. As with the case ofUNDAF, UNICEF must position itself to bring a human rights perspective to the policy dialogue and decisions surrounding the CAS.

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REPORT OF MEETING ON CHILD PROTECTION AND RIGHTS IN THE CONTEXT OF INTERNATIONAL PEACEKEEPING: A GENDER PERSPECTIVE.

UNICEF 633, 3RD A VENUE - NEW YORK (17TH - 18TH JUNE 98)

I. BACKGROUND

In the statement by Ms. Grata Machel to the UNICEF Board in September 1996, she distinguished the special role of UNICEF as the leading advocate for children, a role which entails ensuring that a gender­based rights approach is integrated into the training of peacekeepers. Such a recommendation is to be found in the report she prepared, Almpact of Armed Conflict on Children@ which was presented to and adopted by the General Assembly in August 1996. The Report advocates that peacekeeping personnel should receive as part of their training, instruction on their responsibilities towards civilian communities, and particularly towards women and children.

All member states of the UN have been called upon to integrate initiatives which promote women and children=s rights in armed conflict into their military programmes. In particular, all peace-keeping operations undertaken by the United Nations should take into account the specific protection needs in such situations. Toy,ards this end, UNICEF=s Emergency Office (EMOPS), in conjunction with Programme Division (GPP Section), has begun a collaboration with the Division of Peacekeeping Operations to develop different training interventions for peacekeepers in this area and to produce resource materials.

The two-day Meeting focusing on Training of Peacekeepers in Child Protection and Rights in the Context of International Peacekeeping: A Gender Perspective, was held at UNICEF, New York, from 17-18 June. Its major emphasis was on the implementation of the recommendations of the Grata Machel's report regarding the training of peacekeepers in child protection and rights, development of resource materials, and a framework for collaboration on training.

2.PARTICIPATION Participants included representatives of a number of national peacekeeping training centres, officers from the training unit of the Department of Peacekeeping, and UNICEF representatives from EMO PS Division, Gender and Programme Partnership, and Child Protection Sections from Programme Division. Other participants included, representatives from UN Missions, officers from the UN Secretariat (Division for the Advancement of Women and Office of the Special Adviser in Impact of Armed Conflict on Children) and other agencies, such as UNHCR, private training institutions, INGOs and some country representatives.

3. OPENING At the opening session, the Director for Emergency Operations - (EMOPS) UNICEF, Mr. Nils Ame Kastberg welcomed everyone, particularly, the Executive Director of UNICEF, Ms. Carol Bellamy, the Secretary General's Special Adviser on Gender and the Advancement of Women, Ms. Angela King, the Director of Programme Division, Mr. Sadig Rasheed, and the Chief of Staff, DPKO, Col. Frantois Dureau.

Ms. Bellamy reiterated that the objective of the seminar was to follow up on Grata Machel's report on the Impact of Armed Conflict on Children. She also stressed that integrating the gender perspective and UNICEF's 'rights based' approach, was cardinal to effective implementation of the Grata Machel report. Ms. Angela King, Special Adviser to the Secretary General on Gender and the Advancement of Women, stated that this initiative adopted by UNICEF and DPKO training unit was ingenious and timely, and a challenge to the United Nations and its agencies. It was fundamental to re-appraise the role of UN peacekeepers in relation to child soldiers, unaccompanied children, and strengthening the capacity of families. Reports of sexual misconduct associated with UN peacekeepers while serving in the mission area were noted with disapproval.

Mr. Sadig Rasheed, Director, Programme Division, UNICEF, stressed the need to understand the new initiative of gender mainstreaming as an integral part ofUNICEF's rights-based strategy. Upholding human rights was a functional necessity for the peacekeeper, with collaboration to develop adequate training programmes, and execute the recommendations of Graca Machel Report. Col. Frantois Dureau, Chief of Staff, DPKO, briefed the participants on the changes in traditional peacekeeping, reporting that women and children continue to be targets and the most affected in conflicts. The dynamic character of these conflicts, has necessitated this meeting on integration of gender in relation to the protection of children's rights.

Summary of Discussions:

The peacekeeper is the focal point of contact, therefore should be the main target for training; Military training was a part of peacekeeping; The peacekeepers' socio-cultural and traditional nuances, are formed at home; and this helps to shape his respect for 'others' while on mission; It is imperative therefore, that contributing nations train their peacekeepers before they arrive for peacekeeping activities; The onus was on contributing nations to uphold their obligations as ratified in several international qonventions; The principle of humanity, is the guiding principle and context in which Danish contingents are trained, with emphasis on the rule oflaw. The Finnish selection criteria into peacekeeping it was noted, required civilians with professional experience, and military persons with good remarks.

Military /civilian co-operation and partnership was necessary due to the nature of recent conflicts for effective peacekeeping. Such co-operation it was reported has been established in Bosnia and Herzegovina, under the umbrella CIMIC, i.e. civilian/military co-operation. Finland has established agreement with some African countries on best ways to assist in training their peacekeepers. Contributing nations should be directed to incorporate UN codes of conduct, and minimum standards into their national training programs.

4. CHILDREN'S RIGHTS AND PROTECTION IN PEACEKEEPING The issue was raised of how to create an equilibrium between the principle of use of force, in some conflict situations with protection of human rights which underscores the difficulty in balancing humanitarian principles and peacekeeping. For instance, when peacekeepers are confronted by armed child soldiers, (and/or the issue of sexual exploitation involving peacekeepers) as has been reported in several armed conflicts. In this instance, the rules of engagement is at variance with the Convention on the Rights of the Child, especially articles 3, 38 39, and 40. This further illustrates the incongruence between humanitarian considerations, and peacekeeping.

The Grata Machel Report observed that approximately 90% of victims in conflicts, are women and children. i) Some of the issues raised by the report include: Child soldiers and the need for protection; Role of peacekeepers in demobilization and re-integration of child soldiers, which requires long term commitment; Sexual exploitation and gender based violence - systematic rape as a tactical weapon of control; Refugees, internally displaced persons, unaccompanied child soldiers; Landmine victims and targets are mostly children and women

ii) In light of the above, the following issues were considered:

How to pursue training and policy issues simultaneously. The content of training. Who should be undertaking training. Training resources available. Who should receive training. Sustainability - when the peacekeepers leave, how can long term sustainability be achieved.

iii) It was agreed that there was need for: A universal minimum standard age of conscription; Standard age of sexual consent; Peacekeeping to support humanitarian assistance; Development of a monitoring system, which is not selective but systematic; Integration of gender and child protection in training of peacekeepers; Incorporation of the CRC, CEDA W, and other conventions as part of training materials; Need for a standardized code of conduct, or at least improvement of the existing 'Blue Helmets' manual

5. GENDER AND PEACEKEEPING With the increasing complexities of contemporary humanitarian peacekeeping missions, it is vital that mainstreaming gender issues into peacekeeping (as mandated by the Secretary General's directive, following the 1997 ECOSOC Resolution), be undertaken. A gender approach to emergencies and conflicts is essential given that it is important to identify men's and women's differing vulnerabilities to crises as well as their different capacities and coping strategies. One of the most effective avenues for creating capacity of peacekeeping operations to be conscious of such issues, is through training programmes, at both international and national levels. UNICEF is uniquely well-placed to provide invaluable inputs into such programmes, due to: The current shift in focus within UNICEF to rights-based programming, which recognizes that in the face of emergencies and conflicts, that states' failure result in abrogation of rights and neglect of services. Given that conflicts impact both sexes differently, with women's hitherto limited access to resources and rights may further be eroded during such crises. Women and sometimes children, are forced to head households in situations of armed conflict. Such women and children who take up added responsibility, should not be treated as passive individuals, but as subjects of 'rights.' Global emphasis being placed by UNICEF on prevention and elimination of all forms of violence against women and girls, which is a more serious challenge in emergency situations, especially in the context of conflicts. UNICEF adopting a holistic approach, shifting from a 'needs based framework,' to a 'rights based' approach; and being the only UN agency upholding 'rights' in its mission statement.

Evaluation and Monitoring of Peacekeepers: The Secretary General requested recently an evaluation of the geographical, biological, and sex distribution of the peacekeepers serving in the operations in the Former Yugoslavia to be undertaken by the UN Secretariat's Focal Point for Women. An overview of the situation shows that lack of women in decision -making positions, affects the inclusion of female peacekeepers in the mission and impedes the smooth operation of peacekeeping missions. There is evidence to show that increase of women within DPKO operations would help create a level of humanness in relations within the troops, and also within the community, because women kept the fabric of society alive. Women refugees and displaced persons felt more comfortable talking to women peacekeepers.

Another issue raised was the need for peacekeepers to be more sensitive to the local population, especially the cultural norms and values, which could enhance better relationships between the local community and the peacekeepers. Encouraging more women peacekeepers, including female civilian police, was necessary, and should be effected. Ms. Elizabeth Rehn, the SRSG for the former Yugoslavia, had issued a directive that 10% CIVPOLs' serving in the mission, should be females. Other areas in which female representation had been achieved such as civil affairs, local interpreters, etc. was reported.

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The following recommendations were made:

The need to engage more women in peacekeeping missions at the decision-making level; The current training period (6 days), was inadequate to incorporate gender issues, which should be an essential preparatory component for all personnel involved ; Correspondence course to be introduced for CIVPOL (Civilian Police)monitors at UNITAR; Minimum standards of conduct for all participants, both military and civilian)were necessary to translate sensitivity to UN Peacekeeping policy; Incorporation of gender differences into peacekeeping training; assessment on lessons learned, i.e. oversights should be integrated into training; Effective stress management program must be established for peacekeepers;

6. TRAINING OF PEACEKEEPERS -a) Overview The head ofDPKO Training Unit, Col. Leentjes, upheld training as a national responsibility. The UN through DPKO provides assistance in the following areas: Policy; Minimum Standards; Materials and broad-based information; Expert assistants, seminars, instructors, etc. The number of trainers available to the training unit was inadequate. This training uses a 3 stage model for training peacekeepers, consisting of: i. Generic; ii. Mission Specific; iii. Acclimatisation or in-theatre training.

b)Focus Groups for Training: / Three target groups were identified for training:

I . Senior Decision Makers It was necessary to convince the policy makers that proper training and effective peacekeeping, would enhance their capacity, and demonstrate their accountability globally; They should be reminded of international treaties, conventions, etc. and their obligations thereof; Emphasis should be placed on the "Best Practices" principle, and the need to protect human rights.

2. Trainers A flexible mandate inclusive of established minimum standards should be adopted in training the trainers; Due to the dynamic nature of conflicts, it was felt that trainers should update themselves regularly; Keep in close contact with experts and available reference materials; UNT AT should improve its training capabilities; Multi-national training makes for better peacekeeping.

3 .Peacekeepers

c) Training Resources It was agreed that the current UN-DKPO 3- pronged training module was resourceful, however, it should be improved. The minimum standards should be emphasized, while co-operation with other actors in the field encouraged. In improving such a resource, consideration should be given to : Scope of the conflict; A clear and flexible mandate; The legal basis for the operation;

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An understanding of other actors, and creating partnerships; Sharing information with other UN Agencies ands NGOs; Cultural sensitization, and protection of rights; Improving military/civilian relationships; Pre-evaluation upon deployment of peacekeepers; Data collection; Integrating gender and assessing patterns of abuse by peacekeepers; Creating an Ombudsman for the welfare of the peacekeepers; Role of the media.(perhaps a training video incorporating socio-cultural aspects)

The consensus was that a model of peacekeeping, which is broad-based, flexible mandate, all embracing was necessary for effective mission operation. Such a model should include, awareness, demobilization, demining, rebuilding, reconstruction, education, and healing of the entire society including women and children. However, caution was advised, on the difference between training and policy issues. It was also pointed out, that peacekeepers are not, and should not be viewed as instruments of social change and policy.

d) Content/Concepts of gender and rights i. Content Mainstreaming children's rights from a gender perspective; Welfare of peacekeepers, psychological aspects, which will include stress management, counselling, etc; Culture sensitization vis-a-vis the rights of the local community; Evaluation of the relationship between civilian and military value systems both from the individual's perspective, and on a professional level; Constant evaluation and monitoring of mission operations; Power issues among serving contingents, etc; Training and raising the consciousness of the peacekeepers.

ii. Concepts

It must be integrated with humanitarian , human rights law, reiterating the various conventions, codes of conduct and minimum standards applicable; It should be a multi-tiered training program, which identifies the target groups; Partnership network - should be an integrated/interagency training approach; Training should be holistic, mission specific and time specific, i.e. different conceptual base for each phase; Training must incorporate minimum guidelines/standards, which will include UN defined mechanisms for detecting implementation, and or sanctions; Need for Nations to fulfil their obligations, before and after training of peacekeepers; Training programmes should be positive

7. PARTNERSHIP NETWORK FORMATION

The following groups expressed interest in working together to foster training for peacekeepers in gender and rights issues: l. Nordic Country's' Representatives 2. DPKO 3. UNICEF 4. The Lester Pearson Peacekeeping Institute

It was also proposed that a follow-up process be established in order to ensure continuity and effective implementation of the fmdings and recommendations.

8. CONCLUSION

In conclusion, the director ofEMOPS-UNICEF, Mr. Kastberg, thanked all the participants for their contributions during the two-day seminar. He stressed the need for co-operation, and proposed that the seminar group should serve as a reference group. He also promised that efforts would be made to ensure that representatives from other contributing nations especially Africa, would be at future seminars. In his closing remarks, he reminded participants that it behoved all members of United Nations, to develop the tools that would contribute to global peace and security. He therefore called for co-operation among all representatives, and urged them to pass on the message to their respective organizations.

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Implementation Handbook

. / 1

/;

for the Convention on the

Rights of the

Child

prepared for UNICEF

by Rachel Hodgkin and Peter Newell

uniceflGJ ~

I Protection of ·children affected by airmed con

...J. •••••••

\e&il·ill@Mi=J ~-1. S~ates Parties undkrtake to respect and to ensure respect for rules of international human­itarian law applicable to them in armed conflicts which are relevant to the child. 2. 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. 3. 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. '-· In accordance with their obligations under international humanitarian law to protect the Jvilian population in armed conflicts, States Parties shall take all feasible measures to

ensure protection and care of children who are affected by an armed conflict.

U nder article 38, States Parties are The Committee on the Rights of the Child has required to emphasized that the effects of armed conflict on • respect and ~nsure respect for children should be considered in the framework rules of international humanitarian of all the articles of the Convention on the Rights

law applicable to them in armed conflicts (prin- of the Child; that States should take measures to cipally, the four Geneva Conventions and two ensure the realization of the rights of all children additional Protocols); in their jurisdiction in times of armed conflict; • take all feasible measures to ensure that and that the principles of the Convention are not

under-15-year-olds do not take a direct part subject to derogation in times of armed conflict. in hostilities; In particular, it has stressed that it believes, in the

• refrain from recruiting under-15-year-olds light of the definition of the child and the princi-into armed forces; pie of the best interests of the child, that no child

• give priority to the oldest in recruiting any 15.:- : under the age of 18 should be allowed ·to· b( ·· to 18-year-olds; involved in hostilities, either directly or indir-

• take all feasible measures to ensure protec- ectly, and that no child under 18 should be tion and care of children affected by an armed recruited into armed forces, either through con-conflict scription or voluntary enlistment.

Summary

• 11

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I nternational humanitarian law national Covenant on Civil and Political Rights, and General Comment 17, adopted by the Human

lie Committee has indicated that the relevant Rights Committee on article 24 of that Covenant, 1temational humanitarian law, referred to in par- which recognizes the right of children to neces­graphs I and 4 of article 38, includes the four sary protection. In its General Comment the ,eneva Conventions, the two Additional Proto- Human Rights Committee emphasizes that ''as ols, the Declaration on the Protection of Women individuals children benefit from all of the civil nd Children in Emergency and Armed Conflict, rights en~n~iate? ~n t~e Covenant". It also 1c Declaration on the Rights of the.Child" (fo .. · ''wishes to .draw the attention-of States-Parties to ··· ,hich Principle 8 states: "The child shall in all -- --the ·need to include·in·their reports irifoifuation •n .

ircumstances be among the first to receive p~- _ on m~ures adopted to ensure that children do ,,-•ion and relief'), and the Convention on the not take a direct part in armed conflicts". It goes

.s of the Child. Mention was also made of on to note that while the Covenant does not set an ther United Nations standards, suah as the Inter- age at which a child attains majority, " .. . a State

IILDREN AND ARMED CONFUCT --------

l ·,

I t 1

I I

l i· !: " i' : ~ :,

:I ' ., I !

·1 sho!11d be military in nature. It covers all civil­ians, but two articles also offer specific protec-

- tion to children. Article 77 - Protection of chil-

the wishes of their parents, 0 ~ in the absence of parents, of those responsible for their care;

f deco - states: (b) all appropriate steps shall be taken to facilitate the reunion of families temporarily separated; • f' "l. Olildrcn shall be the object of special respect

_,,_) and shall be protected from any form of indecent (c) children who have not attained the age of fif­teen years shall neither be recruited in the armed forces or groups nQr allowed to take part in hos­tilities;

1 assaulL The Parties to the conflict shall provide · them with the care and aid they require, whether

because of their age or for any olhei' reason.

2. 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 a din:ct part in hostilities and. in particular, they· shall ldrainfromma:uitingtbcmiDlo Cbeil'armed fcxces. In recruiting among those penoas who have attained the age of fifteen yeas but who ~ not attained the age of eigbtfflt yem. the Parties to the conflict shall endeavour to give pri­ority to those who me oldest.

. 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 powaof an adwne Party, they shall continue to benefit from 1hc special protection accorded by this Article, whether or not they are prisoners of war.

4. If arrested, detained or interned for reasons related to the armed conflict. children shall be held in quarters separate from the quarters of adults, except wbele families are accommodated as family units as provided in Article 75, para­graph 5.

5. The death penalty for an offence related to the armed conflict shall not be executed on persons who had not attained the age of eighteen years at

e time the offence was committed."

Article 78 of Protocol 1 deals with the evacu­ation of children to another countcy; this should not take place except for compelling reasons. and the article establishes some of the terms under which any evacuation should take place (in rela­tion to internal conflicts, evacuation of children is covered in Protocol Il. article 4(3)(e)- sec below).

( d) the special protection provided by this Article to children who have not attained the age of fif­teen years shall remain applicable to lhcm if they

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take a direct part in~ despite the provi-sions of subparagraph (c}:iand are captuR:d;

(e) measmes shall be taken. if necessary, and wbenewz poSSI°ble with the coascnt of tbmpar­entsorpersoos who by law or custom.am primar­ily rapoos1ole for their care. to remove children tcmpotmily from the mea in which hoshlities ve taking place to a safer mea within the commy ~ ensure that they are accompanied by persons responsible for their safety and well-being."

Declaration on the Protection of Women and Children in Emergency and Armed Conflict

In 1974, the United Nations General Assembly adopted the Declaration on the Protection of Women and Olildrcn in Emergency and Armed Conflict (Res. 3318 {XXIX)). In its Preamble the General Assembly expresses its "deep conccm over the sufferings of women and children belonging to the civilian population who in peri­ods of emcigency and armed conflict in the strug­gle for peace, sclf-detcnnination, national libera­tion and independence are too often the victims of inhuman acts and consequently suffer serious harm ... " The General Assembly is "conscious of its responsibility for the destiny of the rising gen­eration and for the destiny of mothers, who play an important role in society, in the family and particularly in the upbringing of children. Bear­ing in mind the need to provide special protec­tion of women and children belonging to the civilian population ... " it called for strict observ-

Also in Protocol I, newborn babies and maternity ance of principles covering: protection from cases are categorized with "wounded" and "sick", attacks and bombing and the use of chemical and in need of respect and protection (article 8 (a)). bacteriological weapons; fulfilment of the Gene-

Article 4 of Protocol II (ratified by 136 states by va Conventions and other international instru-1996), which applies to non-international_ that is ments; all efforts to spare women and children

internal - armed conflicts, includes .a paragraph ____ !r<_>~_!1!:_ ~~!~~:-<:~~~ ~~~~C:~~-~~ _3:11 . _________ . __ _ _ . _ on protection of children, which requires that: forms of repression and cruel and mhuman treat-

"3. Children shall be provided with the care and aid they require, and in particular: ..... · - · -- -·-

(a) they shall receive an education, including religious and moral education, in keeping with

ment of women and children; and ·tlrat women .. - ----- ---------- -- - ··· -- · and children finding thems~_ves in circum­stances of emergency or armed conflict must not be deprived of shelter, food, medical aid or other inalienable rights.

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deprivation of liberty. Particular emphasis was also put on the need to ensure humanitarian assistance and relief and humanitarian access to children in situations of armed conflict. In this respect, special attention was paid to important measures, such as days of tranquil­lity and corridors of peace."

The Committee agreed on measures it could talce and established a Working Group of members to consider:

• drafting more specific guidelines for the implementation of articles 38 and 39;

• the possibility of a preliminary general com­_ment;

• drafting a set of n:conunendations;

• realization of gcoeial studies on some aspects of the problem;

• prdiminary drafting of a future Optional Pro-tocol to raise the age of recruitment to 18.

The Committee also proposed, in examining States Parties• reports, that it could:

• welcome declarations made by some States Parties that they would not recruit under-18-year-olds;

• emphasize the need for information on the legislation and practice of States Parties on the application of article 38;

• seek information under article 41 on whether the most conducive norms are applied, or encourage development of more protective provisions in national law;

• encourage States that allow recruitment under 18 to consider how this situation takes the best interests of the child as the primary con­sideration;

• emphasize and encourage all States to con­sider in continuous monitoring whether all necessary and appropriate measures have been adopted to ensure the full realization of the rights of the child to all children under their jurisdiction.

(Report on the second session, September-Octo­ber 1992, CRC/C/10, para. 61 et seq.)

Recruitment of under-18-year-olds

The Committee is..of the opinion that the Con­vention requires protection of all children· under 18 from direct or indirect involvement in hostil­ities and that no under-18-year-olds should be recruited into armed forces, and it has proposed an Optional Protocol to the Convention to this effect (see below, page 523). As indicated previ­ously (page 514), a dispute over the language of

Children ••zones of peace••

In the Philippines, "the Special Protection Act declares children as 'Zones of peace'. This Act provides that children shall not be the object of attack. and shall be the object of special respect. .. Clilldren are not to be re­cruited intb the Armed Forces of the Philip­pines or jnto any armed group, not allowed

. to take part in the fighting and not to be used as guides. couricis or spies. In any barangay where armed conflict occurs. the barangay chairperson shall submit to the municipal social welfare and development officer the names of all children RSiding in the baron­gay within 24 bows of the start of the con­flict. Deiivety of basic social services is to be kept unhampered and the safety of service;­providers ensured. Public infrastructures, such as schools and health facilities, are not to be utiliz.cd for military pwposes.

"During any evacuation rcsu1ting from anned conflict. children are to be given priority ... Measures shall be taken to ensure that chil­dren who are evacuated are accompanied by persons responsible for their safety and well­being. Wherever possible._ members of the same family are to be housed in the same premises.

"In any case where a child is arrested for rea­sons related to armed conflict, he or she shall be entitled to separate detention from adults, immediate full legal assistance, immediate notice of arrest to the child's parents or guar­dians, and release on recognizance to the Department of Social Welfare and Develop­mentor any responsible member of the com­munity within 24 hours ... " (Philippines IR, paras. 201-203)

article 38 and the protection afforded to 15- to 18-year-olds took place in the Working Group which drafted the Convention.

Article 38 refers to recruitment rather than to conscription. Article 38, as drafted, permits the recruitment of under-18-year-olds, but conscrip­tion is not mentioned and should nqtJorm_part of

- State law or practice. Compelling children, at any age, to join the armed forces would amount to a breach of article 35 (abduction) and article 32 (forced labour).

A number of States Parties made declarations on ratifying which expressed concern that article 38 did not prohibit the involvement in hostilities and the recruitment into armed.forces of all under- I g. year-olds. For examole:

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Proposals for the prevention of child recruitment The following proposals arose from a 1997 seminar in Cape Town:

"Recruitment encompasses compulsory, forced and voluntary recruitment into any kind of regu­lar or irregular armed force or armed group.

1. Establish 18 as the minimum age for any participation in hostilities and for all forms of recruit­ment into all armed forces and armed groups.

2. Governments should adopt and ratify the Optional Protocol to the Convention on the Rights of the Child, raising the minimum age from 15 to 18.

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3. Governments should ratify and implement pertinent regional arid international treaties and incorporate them into national law. /;

4. Governments should adopt national legislation on voluntmy and compulsory reauitmcot with a minimmn age of 18 years and should cstlblish proper rcauilment procedures and the means to enforce them. Those iapoosible for illegally reauiting children should be brought to justice.

5. A permanent lntemationaJ. Criminal Court should be established whose jurisdiction would covec, inter alia, the illegal reauitment of children.

6. Written agreements·betwecn or with all parties to the conflict which include a commitment on the minimum age of recruitment should~ concluded.

7. Monitoring, documentation and advocacy are fundamental to eliminating child reauitmcot and to informing programmes to this end. Community efforts to prevent recruitment should be devel-oped and supported. ·

8. Programmes to prevent rcauilment of children should be developed in response to the expressed needs and aspirations of the children.

9. In programmes for children. particular attention should be paid to those most at risk of recruit­ment: children in conflict zones, children ( especially adolescents) separated from or without fam­ilies, including children in institutions; other marginalized groups (e.g. street children. certain minorities, refugees and the intcmally displaced); economically and socially deprived children.

10. All efforts should be made to keep or reunite children with their families or to place them with­in a family structure.

11. Ensure birth registration. including for refugees and internally displaced children. and the pro­vision of identity documents to all children, particularly those most at risk of recruitment.

12. Access to education, including secondary education and vocational training, should be pro­moted for all children, including refugee and internally displaced children.

13. Special protection measures are needed to prevent recruitment of children in camps for refu­gees and internally displaced persons.

14. The international community should recognize that children who leave their country of origin to avoid illegal recruitment or participation in hostilities are in need of international protection. Children who are not nationals of the country in which they are fighting are also fo. need of inter­national protection.

15. Controls should be imposed on the manufacture and transfer of arms, especially small arms. No arms should be supplied to parties to an armed conflict who are recruiting children or allow­ing them to take part in hostilities."

A further section of the Principles covers "Demobilization" and "Return to family and community life".

Cape Town Principles on the prevention of recruitment of children into the armed forces and demobilization and social reintegration of child soldiers in Africa, adopted by participants in the ·

_,_ Symposium organized by UNICEF in cooperation with the" NGO Subgroup of the NGO Worki~g · Group on the Convention on the Rights of the Child, Cape Town, 30 April 1997.

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.. the Child, States Parties, where relevant, should report on progress in enacting comprehensive leg­islation, on measures being taken in mine clear­ance and in programmes to promote children's awareness of landmines and to rehabilitate those who have been injured (A/51/306, para. 126).

In October 1996, the Canadian Government initiated what has been labelled 'The Ottawa pro­cess", at an international oooference in Ottawa, inviting all Governments to return to Ottawa in December 1997 to sign a legally binding treaty banning anti-personnel landmines.

Preparatory meetings wcic held in Vienna, Bonn and Brussels during the Spring of 1997, and at a diplomatic conference in Oslo in September 1997. 89 Governments agreed on a draft Conven­tion - "Convention on the Prolul>ition of the Use, Stockpiling, Production and Transfec of Anti-pcr­sonnel Mines and on their Destruction."

The Treaty opens for signature in Ottawa on 3 December 1997. Over 100 Governments had by October 1997 indicated their willingness to accept. the Convention, which enters into force after 40 ratifications. The draft Convention's most significant provisions aIC:

• a complete prohibition oo the usc, stockpil­ing, production and transfer of anti-personnel mines (APMs);

• an exception for the continued use of anti­vehicle mines equipped with anti-handling devices;

• an exception for the continued usc and stock­piling of APMs for training in mine clearance and related activities;

• stockpiled APMs to be destroyed within four years of entry into force;

• APMs within minefields to be cleared within 10 years of entry into force (States Parties may, however, be granted an extension of the time period, with an.additional 10 years);

• an obligation to report total numbers of stock­piled APMs, location of minefields, etc.;

• States Parties in a position to do so to provide assistance with mine clearance, rehabilitation of mine victims, etc.;

• a simple verification procedure, including the possibility of sending out fact-finding mis­sions in cases of suspected violations of the Convention."

In December 1996, the United Nations General Assembly adopted a resolution with .. f56coiin~ . tries supporting, none against and 10 abstentions, urging Governments to "pursue vigorously" an international agreement to ban anti-personnel landmines (A/C.1/5 l/L.46).

CHILDREN AND ARMED CONFLICT

Results of armed conflict

During its examination of States Parties• reports, the Committee has frequently had cause to com­ment at the direct and indirect effects of armed conflict on children. For example:

"The Committee expresses concern as to the effects of armed conflict on children, includ­ing the provision of humanitarian assistance and relief and protection of children in situa­tions of armed conflict. In emergency situa­tions, all parties f.nvolved should do their utmost to fadlit;Jte humanitarian assistance to protect the liVf11 of children •• '.

"The Committee recognizes that r.atural and man-made disasters have had a negative impact on efforts by the State Party to ensure full implementation of the Convention. In this regard, the Committee notes the problems caused by civil war in the south of the Sudan and that the different groups involved in this conflict have often disregarded the best inter­ests of the child." (Sudan Prelim. Obs., Add.6, para. 9 and Sudan IRCO, Add.10, para. 8)

"The Committee notes that political violence and terrorism have had a considerable nega­tive impact on the situation of children ·in Peru. Many children have been subjected to various forms of violations and have been obliged to flee areas affected by such vio­lence.

*The Committee expresses its deep concern at the continued violence which has already caused thousands of killings, disappearances and displacements of children and parents. It is therefore necessary that the Peruvian Gov­ernment and Peruvian society adopt an urgent, effective and fair response to protect the rights of the child." (Peru IRCO, Add.8, paras. 5 and 7)

"The Committee is alarmed at the large num­ber of children who have been abandoned, displaced or who have become orphans as a result of the armed conflict, as well as those who, in order to survive, are forced to live and work in the street. ..

Hin relation to the adverse impact of the inter­nal conflict on children who live in exception­ally difficult situations, the Committee wishes to receive precise information with regard to rehabilitation programmes for affected chil­dren and the progress of such programmes, as well as statistical data with regard to displaced children within the country. "

. (El.Salvador JRCO, Add.9, paras..11 and j6)

"The Committee further recognizes the diffi­culties arising from political instability in a · · · period of democratization; ini::Tuding the · adverse effect5 of the armed conflict on chil­dren." (Philippines /RCO, Add.29, para. 6)

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' "Over 30 years of armed conflict in the coun­try have left a legacy of human rights viola­tions, impunity and a climate of fear and intimidation which hampers the confidence of the population in the ability of procedures and mechanisms to ensure respect for human rights . ., (Guatemala IRCO, Add.58, para. 1)

Armed conflicts cause population movements. People flee in large numbers. becoming refugees or intcmally displaced people. The study on the Impact of Amw:l Conflict on Children suggests that "at least half of all refugees and displaced people arc children. At a aucial and vulnerable time in their lives, they have been brutally uprooted and exposed to danga' and insecurity. In thc course of displacement, millions of children have been separated from their families. physi­cally abused, exploited and abducted into mili­tary groups, or they have perished from hunger and disease" (A/51/306, paras. 63-66). Article 22 of the Convention COVCl'S the particular rights of refugee children (sec page 281).

Oilldren affected by anncd conflict are often also victims of sexual abuse and exploitation: "Rape poses a continual threat to women and girls dur­ing anned conflict, as do other forms of gender­based violence. including prostitution, sexual humiliation and mutilation, trafficking and domestic violence ... " (A/51/306. para. 91, ct seq.; the study also provides detailed recommenda­tions for preventing sexual exploitation and gen­der-based violence; for further discussion see article 34. page 460).

The Special Rapporteur of the Commission on Human Rights on the situation qf.systematic rape, sexual slavery and slavery-like practices during periods of armed conflict h3S also drawn atten­tion to the particular threat of sexual violence faced by young girls in situations of armed conflict (E/CN.4/Sub.2/1996/26, 16 July 1996).

Optional Protocol to· the Convention on involvement of children in armed conflicts

th~t persons who have not attained the age of eighteen years do not take part in hostilities; Arti­cle 2: States Parties shall refrain from recruiting any person who has not attained the age of eight­een years into their armed forces". The draft sub­stitutes these provisions for paragraphs 2 and 3 of article 38 (Report on the third session, January 1993, CRC/C/16, Preliminary Draft Optional Protocol on Involvement of Children in Armed Conflicts, Annex VIL p. 59).

During its sixth scssiO!l• the Committee wel­comed the decision pf the Commission on Human Rights to csta}}lish an open-ended Work­ing Group to elaborate as a matter of priority the draft Optional Protocol. using thc Cnmrnittec's preliminary draft as a basis for discussions (Report on the sixth session, April 1994. CRC/C/29, p. 3). The Committee submitted fur­ther comments to the Working Group in January 1996. The Committee noted that the recent Intu­national Conference of the Red Cross and Red Crescent Movement had recommended by con­sensus that parties to conflicts tefrain from arm­ing children under the age of 18 and take every feasible step to ensure that children under the age of 18 do not take part in hostilities.

The Committee commented: "In the view of the Committee, the involve­ment in hostilities of persons who have not attained the age of 18 is harmful for them physically and psychologically, and affects the full enjoyment of their fundamental rights. For this reason, it is the belief of the Commit­tee that persons below 18 should never be involved in hostilities. In fact, partidpation in armed conflicts, either of a direct or indirect nature, raises serious risks for the life of chil­dren and hampers their harmonious develop­ment and the realization of the rights which are inherent to their human dignity including the rights to a family environment to educa­tion and health, to a nationality, or not to be subject to ill-treatment or exploitation. It is important to recognize that in a situation of emergency, it is very difficult to draw the line between what is to be considered direct and indirect participation. Risks encountered and fundamental rights denied are similar in both

In its third session in January 1993 the Commit- cases, and any situation undermining respect tee agreed to prepare a preliminary draft of an for the rights of the child should be clearly Optional Protocol to the Convention, raising to avoided. For this reason, we are convinced 18 the age mentioned in article 38 of the Conven- that a clear prohibition of participation in tion: hostilities of persons below the age of 18, "In this framework, the Committee encour- either directly or indirectly, should be.r.eflect-aged States Parties to give consideration to ... .. -· ea ri·, the Optiona-, Protocol. . . - ... ... - - .

the adoption of possible measures aimed at raising the age mentioned in article 38 to 18 years." The preliminary draft begins: "Article I: States Parties shall take all feasible measures to ensure

"The Committee also believes that, in order to ensure the full realization of children's rights as recognized by the Convention, States Par­ties should not recruit into their armed forces persons below the age of 18. The same rule

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United Nations '-l)Nations Unies INTEROFF I C E MEM O R ANDU M MEM O RANDUM I NT E RI E UR

Mr. Bernard Miyet, Under-Secretary-General for Peacekeeping Operations

Mr. Young-Tm Choi, ASG, OPS Maj. Gen. Franklin van Kappen, Director, PD

Col. Peter Leentjes, Chief Training Unit/DPKO

D AT E:

g June 1998 Rl:FE RENCE :

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Background Paper by UNICEF on Issues Pacini Peacekeepini

I. A copy of the UNICEF background paper has been reviewed by the Training Unit and it is appropriate that recent joint activities and initiatives be reviewed.

♦ Recently, UNICEF has been invited to join the partnership with DPKO, UNHCR, UNCHR, the UN Security Coordinator and the Staff College project to better prepare National peacekeeping trainers in courses conducted in Turin. A meeting will take place in August with these partners to incorporate material in the training course for October 1998.

♦ DPKO will work with UNICEF to develop training concerning child rights and gender concerns. To this end, a package prepared by the UN Staff College project, "A Training Module for Peacekeepers on Child Rights" has been shared with UNICEF. DPKO will also participate in the UNICEF meeting in mid-June that will address the "Training of Peacekeepers in Child Protection and Rights in the Context of International Peacekeeping".

♦ UNICEF staff were also present at the recent African Peacekeeping Strategy Session so that they could provide input to the initiatives.

♦ In a one-day session on 27 May 1998, the Training Unit participated in an issues session with UNICEF and was able to provide currer.t "Codes of Conduct" to the participants. These were well-received.

♦ The Training Unit has also initiated the preparation of a "Gender Module" in conjunction with the Staff College Project for the Train the Trainers Courses in Turin. This effort will be fully coordinated with UNICEF.

2. The collaboration between DPKO and UNICEF will continue to produce results over the next few months, hopefully culminating in better training programs for peacekeepers in the future.

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UNITED NATIONS

DPKO

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INTEROFFICE MEMORANDUM

Members of the Senior Management Group

Elisabeth Lindenmayer ~ ~ Secretary, Senior Management Group

Back2round paper by UNICEF on 'Issues Facin2 Peacekeepin~' DPKO/DPA Briefin2 Note on Field Operations

DATE: 20 May 1998

Please find attached a paper prepared by UNICEF relating to yesterday's discussion in the SMG of 'Issues Facing Peacekeeping'.

Also attached is the DPKO/DPA briefing note on field operations covering the period 13-19 May.

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Senior Management Group 19 May 1998

UNICEF's Discussion Paper on United Nations Peacekeeping

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UNICEF considers the issues covered to be of great importance and is pleased to see this initiative. It is worth noting that many of the ideas enjoy the support of.the broader group of actors following the issue. For example, the report of the Carnegie Commission on Preventing Deadly Conflict also calls for a rapid reaction force. We should be able to work with groups like this in furthering the ideas contained in the Secretary-General's report.

• We would also highlight the importance of preserving the Security Council's ability and will to intervene where necessary to protect the delivery of humanitarian aid, to separate combatants from non-combatants and to provide security to civilian populations. The Security Council's increasing integration of humanitarian and human rights concerns in preventive actions, and those which promote peace and resolve conflicts, has increased the protection of civilians and vulnerable groups in conflict situations.

• The focus of the report is on military aspects. However, in recent years there has been a recognition that peace-keeping requires a mix of instruments and the work of the "blue helmets" needs to be linked closely to the humanitarian, developmental and human rights areas.

• In this regard, early " .mung and preventive actions can help deter human rights violations anc defuse situations that may lead to armed conflicts. The deployment of human rights field monitors and observers in preparatory missions and with field operations is central to this approach. All UN bodies with field presence in potential conflict situations should develop monitoring and reporting systems to support the work of the OHCHR.

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While recognizing the primary responsibility of Member States for training peacekeeping personnel, the UN has a role in incorporating human rights and humanitarian concerns in UN training. -yNICEF, for example, is developing a training programme for peacekeepersJ!'iat addresses their responsibilities towards civilian communities in general, and women and children in particular. Materials, activities and simulations will address child rights and gender concerns, as well as the specific application of the provisions of the Convention on the Rights of the Child.

UNICEF has organized a meeting in mid-June to address "Training of Peacekeepers in Child Protection and Rights in the Context of International Peacekeeping: A Gender Perspective" . This session will focus on implementation of the recommendations in the Graca Machel report regarding the training of peacekeepers and will include a meeting of practitioners -trainers and designers of training materials already involved in the training of peacekeepers.

• We concur with the request included in the draft report of the Special Committee on

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Peacekeeping Operations (SCPKO) that was discussed last Friday, to consider the possibility • / t · of improving the methods of selecting and preparing senior military commanders and police commissioners. We also urge that the existing guidelines and codes of conduct for personnel associated with UN peacekeeping operations be f nalized and elaborated so that they are consistent with international humanitarian and human rights law.

• The UN must also develop systems of accountability, self assessment and oversight, encompassing criminal investigations when necessary. The idea to incorporate an ombudsperson system within peacekeeping operations to handle investigative and disciplinary procedures is worth pursuing (the Graca Machel report associated a rise in child prostitution with the arrival of peacekeeping personnel in six out of 12 country case studies).

• The professional and ethical standards, referred to on page 10, are of utmost importance. It is this aspect that has contributed to the greatest attacks on national contingents - in Canada and Italy specifically. Peace-keepers must uphold a position of moral authority and exemplify the highest professional and ethical standards. While this must come from the national contingents themselves - and from the process of selecting soldiers - training can help.

• We also support the SCPKO's recent call in the above mentioned report for a coherent and integrated approach to demining: all field operations should have a specific demining provision covering humanitarian mine clearance and mine awareness education.

• We support the suggestion of several scrKO delegations in the above mentioned report that guidelines be developed for the collection and disposal of small arms and light weapons in the wake of conflict and where a UN peacekeeping operation has been deployed.

• We strongly support the gender issues raised in the report - reaffirming the Beijing Platform for Action 's recommendation to promote equal participation of women in all conflict resolution and peace activities at decision making levels. Peacekeeping operations should incorporate gender issues within training, human rights verification, monitoring and reporting activities, and in responding to gender-based violations in conflict situations, particularly those affecting children.

• More than 250,000 children have participated in over 30 recent conflicts. Peace agreements and peacekeeping mandates should incorporate specific provisions to demobilize children below the age of 18. But, without a long term commitment to providing education, vocational training, attention to psycho-social needs and to reunifying children with their families , children are easily re-mobilized into the thick of conflict. Consistent with this, UNICEF strongly supports the recommendation that peacekeeping operations do not include soldiers under the age of 18 - this would send a strong signal to the international community UNICEF' s experience based on a field presence before, during, and after conflicts shows the importance of promoting strong institutional partnerships to protect women and children and

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to strengthen their family and community support systems. Early warning and preventive action should be central to an integrated approach to peacekeeping. In the post conflict period, the repatriation of children, rebuilding education systems and supporting the reconstruction of social justice and welfare institutions are critical to protecting children□ s well-being and ensuring sustainable peace. ✓, ,

• The Communications Strategy in the Annex is a good idea. The strategy could usefully pull in and create national events. In particular, we could also highlight national events taking place, the locations where national memorials have been established, where countries have issued stamps, etc. in honour of peacekeepers. This can be important in re-affirming that the UN does not have soldiers; soldiers are from national contingents. The specific location I can think of for a national monument is Ottawa but I am sure there are many others.

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unlcefO Ullli.JNadonlChlkhn's Pund -------Fonda dM N,tlolla Unicii ;our l'ca(nnco fOIMlo de lu Nac:lona Unklai1 pll'I la lnf;1111:iu

Dear Colonel Leentjes,

On behalf of the Office otEmergency Programmes, lJNlCEF, [ woul~ like to i ic, . OU to a meetina on "Child Protection and Rights In tho Context of International Peacckccpi : A: ' Gender Perspective". This is in keeping with the recommendations of the report pre pa Ora~ Machel, "The Impact of Armed Conflict on Children••. published at tM end uf l ~ 1 ~ch advoc.tes that peacekeeping personnel receive as part of their training, instr14ction on t iJ' :: : respon.ibilities towards civilian communities in general, and woancn and children in pa ici. : · j

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All member states of the UN have been called upon to integrate initiatives whic pr ote women and children's rights in armed oonflict into their militury programmes; In pmti tar, :: 1 peacekeeping operations undertaken by the United Nations should take into account th · · · c protection needs in such situations. Towards this end, the Otlicc of l.!mergenf:Y Pro~ra1 · · · ~nd the Gender and Programme Partnerships Section are collaborating with the Qepartmcn ot . i e­keeping Operations to develop different training interventions for pcacekeep,rs in thii • .: to produce resource materials.

The meetins, which will take place on 17th and l8th June, 1998, i~in two sc io · · The qenda on the morning of the meetins on 17th June will focus on the implementati n;: · -.t~e recommendations of the Gra~a Machel report regarding the training of peacekeepers in · : protection and rights, anJ a framework for collaboration. United NHtions oraanization art 'qthcr institutions involved in training of peacekeepers will attend this meeting, alons with tra · · · practitioners.

This will be followed by a one and a half day working meeting of practitioner~. a trainers and designers ortraining materials from national and international in~titutions. involved in training peacekeepers in humanitarian principles. The focus of this work in will be to examine the integration of a gender perspective on child rights into the trni11i o peacekeepers and the development of resource materials. rt will provide an Qpporh11tit to: Colonel Peter Leentjes Senior Training Adviser Training Unit Department of Peace-keeping Operations United Nations U-207C

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training Institutions and those working on this area of training to di.scuu their own ~xn1ui•t1•._

developing and implementing such tnunins and for UNICEF to share its experiences i a gendered perspective on child protection and riahts. ·

Given your expertise and wide experience as well as the interest of the organiz tio area, we believe that your participation in this meeting would be of particular value.

We would appreciate it if you could return the attachl"d Faxback form as soon and no later than 22nd May, 1998 to indicate your availability.

We look forward to hearing from you.

i[ J• Since:-. ~• i I ,OvJ t\/ .

Nils Arne :xastbCl'll

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Dirtctor .... 1 · Ollicc of Emergency Pm a4•1,;s

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United Nations 9'Nations Unies \.:'.'. JUN 1 u INTEROFF I CE MEMOKANDUM MEMOl!.ANOUM INHRIEUR j

Mr. Bernard Miyet, Under-Secretary-General for Peacekeeping Operations

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8 fJJ~I998 R H ER ENC E :

1998

Mr. Choi Young-Jin, ASG, OPS C:\OFFICE\..\CHRON\9806012 SIC DE: ~ Maj. Gen. Franklin van Kappen, ir

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Col. Peter Leentjes, Chief Training Unit/DPKO

Introduction to Child Riihts/Gender Issues - Trainini Modules for Peacekeepers

I. Attached for interest is a training module for Child Rights that has been developed under the supervision of the United Nations Staff College Project, and which we hope to include in our "Train the Trainers" programs. Although it still needs refinement, it is a good start. The document has been shared with UNICEF and will be passed to the Special Representative for Children and Armed Conflict.

2. A similar approach is being used to develop a module for "Gender Issues". The UN SCP is undertaking some basic research and will propose a program of action shortly which we will review-with interested parties, focal points, etc. Some basic guidance was provided based on the experience of the nine women who attended the last "Train the Trainers" seminar in April 1998, and the training levels which must be impacted. The guidance is attached.

ct Ms. E. Kimball

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1 • Action by:

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Guidaea for the Pndur.tin :0f Ganin: lssw,; Matie.rial

Since training remains a national rcsponsibiil'J~ :a program~ focus on preparing decision-makers, advisors and ..national-le,;e.¾ trainers in this ~ •· in essmce "training trainers". This area lies within the responsibilities assigned to DPKO by the General Assembly in resolution 49/37 November 1995.

A three-tier approach is necessary to get the maximum effect from a program. Three elements are suggested: a general level, an advisor level and an instructor level. These three elements need to provide a progression in terms of detail and material. The general program could serve as an introduction to the advisor program, while it, in turn, should prepare the instructor for his work.

a. General Level. An awareness program for senior decision-makers which focuses on issues for training, programs and policy issues such as standards of performance.

b. Advisor Level, National program developers who will advise and initiate national-level training programs. This level should focus on training issues in detail, applications, training material, approaches to training for different audiences, standards and outcomes.

· c. Instructor Level, This level should provide the guidance and detail that will permit an instructor to teach elements of a program. The detail should include the background material, scenarios, supporting material and teaching points in the form of an instructors guide.

The approach needs to be positive in nature. What can peacekeepers achieve realistically when deployed in a mission? Peacekeepers muct accept established norms in the host nation; they are not the instruments for change in national polices nor the leading edge of social chan e.

Peacekeeper Chml ~Rights ~'\1od ule 'fr.ai.JJ..er'·s Gum~

The Child Rights Jrnin:mg fur Pe.acekeepeT.> is divided into three main questions. In practice, however,. lbe -.t1aiining will be. ~r,nducted in two 1. 5 hour sessions.

The attached documents include:

1. A peacekeeping mission scenario 2. Two peacekeeping mission mandates 3. A list of all the questions to be covered by the training course 4. Examples of the answers to each of the questions. 5. Some additional information for the trainer: "Fact Sheets" 6. Excerpts from articles on children ' s rights violations committed by peacekeepers

The object of the training is to

• Provide Peacekeepers with fundamental information on children· s nghts (General Introduction)

• Draw the attention of participants to the elements of a coni1ict situat10n \vhich are likely to affect children' rights (Question 1) .

• Help the participants to identify particular violations of children· s rights and to understand how those violations will affect children in the long term context of their long term development (Question 1).

• Provide the participants with practical strategies and ideas of how peacekeepers can help address children ' s rights \iolations (Questions l and 2)

• Raise the possibility of children's rights violations committed by Peacekeepers and ask how this problem might be addressed (Question 3)

The Trainer shoulJ distnbute the T . .\Z Peacekeeping Scenario first, keeping the TAZ Peacekeepm~ \,landates and arncles on child abuse for the second half cf the trammg.

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TAZ Peacekeeping Scenario

In the country of "T AZ" internal conflict has broken out. Government troops are fighting with armed opposition who claim to represent groups of different ethnic and religious minorities within the country. The international community has imposed complete economic sanctions on T AZ..

The conflict is concentrated in the Northern half of the country, but the Government is concerned that it might spread to the South where tension is high. Large numbers of landmines have been laid along front lines and along dirt roads that link different regions of the country.

Almost the entire population is affected in some way by the conflict. 500,000 people have crossed out of the country as refugees. Approximately 2 million people have been displaced within the country, as Internally Displaced Persons (!DPs) and are living in camps, in both northern and southern regions

The largest of the IDP camps holds 35,000 people Severe overcrowding, disorganisation. continuing insecurity, and unseasonally hot and dry weather, combine to raise monality rates within camps and to create extremeley difficult living conditions

Government troops suspect the civilian members of minority groups of helping the oppos1t1on The rebels accuse the civilian members of the maJoriry ethnic and religious group of persecuting the minorities \[embers of the civilian population are being targeted both by poorly trained Government soldiers and by the armed opposition groups. Civilian buildings regularly come under fire, and massacres xcur ever: week m IDP camps. An international humanitarian organisation has esumated the numbers of civilian victims at between 1,000 and 4,000 persons per month

Dunng the early months of the conflict. policies of forced recruitment obliged many civilian men from the cities and rural communities to go to the front lines, where large numbers were killed There is now increasing recognition of the numbers of women who are single heads of households - having lost their husbands in the fighting One recent reports states that thousands of women have been the victim of rape

The health system has been severelv disrupted and many provincial hospitals and clinics have been forced to close Those that are open have only limited stocks of medicines, and inexperienced staff

Schools in all areas of the country have closed down as teachers and pupils have fled In contrast, those schools that remain open, and \\.-hich are adjacent to displaced person camps are severely O\ ercrowded and onlv able to offer the fast or second years of primary education

The Judicial system functi ons in -.:enain regions. but 1s being used by the Government to terrorise ci,ilians \\ ho they suspect of supporting the opposition Prior to the outbreak of tighting ,housands of people were arrest eel fc - supporting political opposition groups These people remain in prison Regional administrat1\e services also rnntinue to function, but since the beginning ot the -.: ontl icr :he, ha'. e j ecome '- er- autonomous of the central Government.

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with which communicatioh is often cut for several weeks at a time.

The economy has collapsed following the imposition of sanctions and the disruption of normal trade. It is increasingly difficult to purchase essential food items and medicine.

A number of United Nations agencies are operating in T AZ - including UNICEF, the liN High Commissioner for Refugees, the UN High Commissioner for Human Rights, the UN World Food Programme, and others. A number of international Non-Governmental Organisations are also present and are providing various forms of humanitarian assistance, including the supply, transport, and distribution of emergency food aid, clean drinking water, plastic sheeting, and medical assistance. A few international journalists are based in the capital, but have been unable to travel further because of poor security conditions.

The conflict has now been underway for two years . Recently, opposition armed groups have captured land that was formerly controlled by Government troops, and upon which there are several displaced persons camps There is increasing concern within the international community at the numbers of civilians who are reportedely being killed in the conflict The Cnired >iations Security Counc il requests that a Peacekeeping :Yfission be established

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TA.Z Peacekeeping mission: Nlandates

Mandate 1, duration 6 monfhs:

• Assist in the initiation of humanitarian relief operations

• Provide security for convoys of humanitarian aid

• Ensure the security of the capital city and national airports

• Establishment and maintenance of secure safe zones

• Protection of civilian populations in safe zones

• Promote reconci11ation bet\veen wamng parties through mediation

'.\faximum authorised stren21h 8,000 :'vulitary personnel, including - .1JOO troops. - l)O \lilitary Observers. and 300 Suppon personnel. 300 C1\ 1l1a11 Police personnel

Following the J.ITJ\ ::il of the Peace keeper m1ss10n. and the successful 1mplemenrat1on of its first mandate . the conflict gradually lowers in intensity and a cease fire at-rreement is negotiated between the combatants.

\landate 2. duration I vear:

• \lomtor the ce::ise fire agreement

• .\ss1st m the co-0rdmat1on of ht::nanitanan assistance

• \lomtor the national police fo rce

• Pro\1de trammg to a ne\\ nJtlonal armed force combining Government and ! .,ljr, Oppos ition Fo re es \

\la:\1mum ciurlwnsed srren~th -~ .000 \!il1ta0 personnel. mcluJrn ~ ~. ·1_: () troops. -,x1 \ lili ta0· Obsef\ ers. and 300 Support per~0nnel ~1)U Ci\ 1\1,m ~,)ttc e personnel

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Questions for participants

1. Child Rights Violations in Context

I . I What violations of children's rights are there likely to be occurring in T AZ?

l. 2 What factors about the situation in T AZ are of particular concern, with respect to children's rights - factors whose presence should signal alarm bells.

1.3 What is the long term impact of the conflict situation on children?

I 4 What is the relevance of international law towards the protection of children's rights when confronted by the above?

I. 5 What are the difficulties involved in protecting children's rights in situations of conflict'1

2. Peacekeeper mandates and peacekeeper practical roles

This section should place children· s rights violations in the context of a peacekeeper mandate and should help participants to identify ,., avs in which they can contribute to the protection ot children's rights

2 I Who is involved m the proternon of children and their rights in a sttuation of conflict1

" " \Vhat do peacekeepers · mandates say about the protection of children· s rights. and what can peacekeepers do in practice in a changing situation?

2 3 Define kev steps through which the role of peacekeepers m protecting children and their rights can be impro,ed

3. Violations of children's rights by Peacekeepers

3 I What do vou think of the a111cles '

3 2 What other fo rms of abuse of children· s nghts by peacekeepers nught occur. or that you have heard ot'T)

Part I of the c!:ild rights training: 1.5 Hours

The Trainer should distribute the T AZ Peacekeeping Scenario and accompanying ~

questions. Then provide participants with IO minutes to read through the Scenario and note down a few answers to the questions.

The Trainer should then ask each question aloud and invite participants to contribute their answers, making a list on a board so that each of the problems identified is emphasised, and initiating a brief discussion on each question. Participants should be encouraged to draw upon their own experiences and to provide examples of problems they have witnessed in different ciuntries .

There are 2 immediate objectives of the process :

I . To provide examples of the child rights violations that peacekeepers are likely to encounter.

2. To emphasise that there are cenain s1tuanons which are likely to have a maJor impact on the respect of children· s nghts , and that if peacekeepers are able to recognise these situations then they can serYe as indicators (alarm bells) of the problems that children are facmg, and improve the peacekeeper response .

The information gathered m Pan I should from the basis of participants answers to Pan II - focus mg on a practical response of peacekeepers to children ' s ~ts violat10ns I' /

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1. What JU'f: the :P1"1!bttm:-s that dild-r~ :a.m Aili.r-1y to be experiencing in T AZ ·.-ihen th-e Pntt'kcqM-.~ :a.rri{1<e':'

(Time: 40 minutes. inc1uding -reading the scenario)

The answers can icer.Jtif) specrfic violations of children ' s rights and also more general problems that children may encounter. It is important to establish the links tr.at exist between certain events - such as the mass displacement of a population - and the situation of children. Some of the answers will be more obvious and identify, for example, the fact that children are likely to be among the victims of armed attacks Other answers, equally important, may be less obvious and might, for example, link the situation of women with the protection of children.

Children are likely to be affected in many different ways by the ongoing situation in T AZ. . The following points draw attention to some broad categories of problems which participants should recognise. In practice, many problems are interlinked

When the panicipants ha\'e finished offering their replies the Trainer can complete them with any that have been left ou t In addit1cn, the Trainer can prepare for this section of the course by reading through the attached Fae: Sheers ·., hKh provide some additional informat ion

Killings and other forms of direct ,iolence

• Children are like!\ to be :1mong :he \Kllms 0r Jombardmer.ts and of attacks on ci,·Ilians

• . .\tracks and massacres can affect children as rhe direct \icti ms of violence. \vhen thev are killed or mjured. or .:hildre'h can su ffer psychologically from the sight of violence and from the death of persons close :o them

• . .\rmed \·1olence car. lea\e chiidren 1s 0rphans :me un accompanied, so that the care 1nd protection normail,· pre\ iced fron~ :::Mems :s :12sent. '. eading :o other problems

• Children :n T-\.Z m:1\· be ti~e ·. !c::rr., ,1f se,1..::1! '. !Oielence such as rape

Detention

• Children ma, h.i '- e seen 2et:11r.~cd -.,1.:1 Jdc::~ :r, :~e period prior to the outbreak of .:ontlic:s :r. T -\.Z

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Unaccompanied children

• Unaccompanied .,;hi!dren are :h .'Se children who have been separated from both of their parents and who are not accompanied by an adult who, according to the law or to local custom, carries the responsibility to accompany them.

• Unaccompanied children and Orphans may have the most reduced access to foo_d, water, or shelter. Very young unaccompanied children will be unable to survive more than a few days on their own. With the continued fighting and displacement in T AZ there are certainly many thousands of unaccompanied children.

• Once children are unaccompanied a whole series of problems emerge with regards to their ptotection and care

s • It is first necessary to identify Unaccompanied children. It is not easy to know which

children from a group of 30,000 displaced people are unaccompanied and which are not. Some families may pretend that their children are unaccompanied in the hope of receiving extra assistance, and some genuinely unacompanied children may not know how to declare themselves to people who can provide assistance

• Totally unacompanied children, espec1alh ,er-· young children. may have no acess to water. food. or shelter Thev ,viii be n1lnerable :o 1buse and phvsical violence with no one to protect them

• ft will be necessar.· to begin act1v1t ies tO\vards the ·Tracing·· of the families of those children who are recognised as unaccompanied . or the traci ng of children who are being sought b,· families Tracing act1vit1es will be exrraordinanly difficult while the conflict continues

• Children who are idenit1tied as unaccompanied will have to be cared for, either by foster families or through a specific structure such as a comunity centre or an international organisation Thev mil need food. health care. education facilties, and emotional c;,a~ Some may be traumat ised bv events thev haH '.Vltnessed or by separation from their families

Displacement

Characteristics during the displacement of :arge numbers of people in a situation of conflict • Children sometimes become separated from their families • Long journeys, often on foot and under harsh weather conditions • Insufficient water and food • Death from exhaustion and illness • Death as a result of attacks on the "a,

Characteristics :mlT'~d1ateh r·ollo\, :r,\.! ..:is;:- ;.::,.:e:,~ert or· 2cpulat1ons. :ind once people haw settled in !DP :rnd Refugee ca:,1ps • Over-crowded condit1 ons • Poor samtarv faci li ties • Li mned and pcllt.: ted ·xate, s~:C'rl:e, • L: mited ~Cod 5tccK s . .1nl~ 2f:cr1 .::r. ·~r. L .1.. .. !:-.~;:~ .:::e : .. eJu;r.~ ·.2 11a1nutr~t1on I

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• A hrgh :m.trdemce \Jif:i!in..~ ('i.r.au.."'etl ±ry toe ::JfTo.11.:c0ririit:tm1sl;- im,olving cholera, diarrhoea, malaria, .er,.;. 'C,1.iildr-m actt ·.i:bf m0w w&bltl~-tli~ m, mat-li 1furn, Jlmess in such environments

• l~.:1.ctte <L:totti\ing .as .ltl.Mi :fu:.t1ile.'l wiW have :lfltr }1t,1ind n\e:n ;belongings

Malnutrition aad ~£f

• Prolonged :~i<iK~1 iru 2l'U· 2iilr.tt!. ,t:tu bot Jl.in;.,,,il!",d ,~;:11't -~mty ,!imited longterm effects. Prolonge.d :i:rr&rutiiJTG:t'i' ii1 a. drn'td' s.n;;;,1:5 ~byn~1.U g.u.vr.:lr, a.,;:~ mental development for ever.

• Children are paniw.1.arly Ymnerabtt to death fo~Jowing :;evere diarrhoea, dysentery, malaria, cholera and scabies, all of which can ar1se in many situations of mass displacement, and where there are limited supplies of clean water, food, shelter, and medical care.

• More children lose their lives through malnutrition and illness than through direct violence. in a conflict situation

Discrimination

• Given the nature of the conflict, divided 1long ethJu.:: a,,d religious lines, discnmination ,s likely to be a big problem. particularly -.,11:1 regard to ::1e access of civilians to Governme::t services such as education and health .. rnd ,he :uncti0nmg. of the judiciary and administration

• Child members of minority groups ma, sur:·er from discrimination in access to schoois. :me to medical supplies and facilities

• The administrative sef'\ices may not issue identity. travel , or other official documents. etc ,o the mem_bers of minority groups The absence of such documents can have a severe 1mpac:t on children

• Judicial sef'\ices :-na, not adec;ua,elv enror.:e :1atJon.1I :a\,· \\.hen minont\ groups suffer :·:-cm abuses of the maJontv

Education

• Education is essential for the de,elopment of a child \,[anv children who live through a lo r1g period of conflict miss out on almost all Secondaf'\· and even Primary education. and are thus handicapped for life

• Article 28 of the Convention on the Ri~hts of the Child obliges States Pa11ies to provide education for all .:htldren This ,)bli~ at1 on :snot ,emo,·ed b,· the arrival of a situation of contlic:

Break down of the econonn

• .-\ dnma[lc rJSe :n pri ces or· esser.tl,!. :te~s s,xn .1s ~ed1cme. food and petrol \\h1ch :neans :hat sue ~ .terns 1,e 0ften 2ut 2r :~e ~e.1c:1 2r ·.:-are:;ts - :;.1r.:.:ui:ir:, those\\ 1th :nan, .::11:drer

• A rise in criminal ,acts, leadmf :10 v.ic/rence :E 'towns and ca~p':, ,i.foch can affect or involve children.

• The emergence of a hlM.:k mar,ket ecooomr

Break down of services

• The conflict will prevent civil servants from going to work, and will prevent the Government from paying salaries. As State run services break down

• Hospitals and schools close.

• The judicial system is less able to keep order, so that criminal acts are not repressed.

• The judicial and administrative systems will themselves be open to abuse

• Water and electricity supplies become disrupted

• Transport services come to a halt

The situation of women

It appears that many men have been killed in '.he TAZ con.flict The scenario mentions little about women other than that there are many women single heads of households In situations of emergency, and particularly of displacement women are the principal people who care not only for their own children, but also for tr.ose of others . The situation of women is therefore often determinant in the situation of children By helping large numbers of single women -widows, for example, - one is frequently also helping children

Different stages of childhood and handicapped children .... / I

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• The Convention on the Rights of the Child states that a child is any person who is under the age of 18 In the period leading up to the age of 18, children go through several stages of development, during which their needs evolve In a situation of conflict the "protection'' needs of children at different stages of, 1-ieir lives will also be different

• Children under 5 years of age, for exami.:le, are the most vulnerable to malnutrition -although older children can also die from severe malnutrition

• Adolescent children, while physically more developed than younger children, are often ignored by protection efforts . .\dolescents might require, for example, not only access to education, but also to professional apprenticeships which will provide them with employment whe:-: they are older

• Adolescents of 15 years and over are ~t· 'l legallv allowed to take part in hosulities, despite ,he fact that they are not ye t adults .-\do,-!scems are thus particularly vulnerable to the forced recruitment practices which \vere .:onducted in T . .\Z dunng the early period of the conflict, ai1d ma,· :1eed a spe1c1ftc fo rm of nrocect1on inc luding rehabilitation

• Adolescent girls may be particularly vulnerable to rape and other forms of sexual abuse.

• Children with physical or mental handicaps may be extremely vulnerable during a situation of conflict. If they are accompanied their parents will need help, and if they are alone they may need special care.

The Trainer should emphasise that children at different stages of childhood ilnd in different situations of physical and mental development will be in need of different forms of protection.

The role of children in the conflict

The Trainer should draw the attention of participants to the fact that children might be victims of the conflict in several different ways

• The majority of children will be quite simply civilian victims of the conflict.

• Other children may be victims of the conflict through participation as child soldiers - either for opposition forces or even for Government Troops, see the examples of C ganda and Sierra Leone

• Other children may, for example, be in conflict wnh the law and placed under arrest The conflict situation may ensure that their c :mdit1ons of detention fall below minimum acceptable standards This has been the case most notably in Rwanda

The Trainer should emphasise that all of these children are victims, although child soldiers ma, themselves contribute to violations In addition, the Trainer should emphasise that these different categories of children may need different forms of protection. Child soldiers, for example, will probably need a form of psychological counseling and re-habilitation after their demobilisation . Child soldiers are often involved in the worst and most brutal of fighting . They are often considered to be the most ··c..xpendable·· of troops and may be placed in the front line for this reason . Children in detention. will also need a specific form of protection related to the respect of their judicial guarantees. their treatment while in detention, and their conditions of detention .

Different probems in the :\orth and the South

The Trainer should emphasise that some of the child rights ,iolat1ons which currently occur 1n the :---;orth, ,vhere the fighting 1s taking place. will be different from those in the South - the protection needs of children in the t,,o regions will therefore be different

Children· s rights ,1olauons related to attacks and masscars ,viii be much more likely to occur in the '<onh Childre:i. s ~1ght to lite :r. ~en.era! rr,a, :Je more at risk in the '<onh than in the South. from J :ack Jf \\ ate, 0r :·ood. :~0m :ilness . :·rom exhaust:on. or from other problems

h :he South ho,, e, er . :he problems '., hie;. :ed :o rebellior. :n the '<onh are likely to still be present Further. the ,;1tuat1or. or· ~imorn:e5 1".a, t,e evn worse now that an armed opposition 'las emerned P~ob;erns 0r· j1sc~;mmat:0n .1~e :::..:e:·. :o Je ·.,orse :n :he South. abuses of the

judicial system, and an unfair distribution of resources, for example, may be very uneven.

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2. What characteristics of a conflict are a particular threat to children's rights - alarm bells? (Time 10 minutes)

The Trainer should ask participants to identify a few main characteristics of conflict situations, and of T AZ, in particular, which lead to problems and violations of children's rights. The object is to show participants that certain characteristics or situations very often correspond with certain child rights violations. These characteristics can be rapidly identified even by those who are not present immediatly present in the country in conflict - as such they can serve as "alarm bells" of problems that children may be facing.

With this understanding the Participants will be able to apply a similar analysis to real situations, and so predict the forms of children's rights violations they are likely to encounter -and be better prepared to meet them.

The answers should include

• Mass displacement of the civilian populatio n ,,,1 fuch. as shown above, leads to a who le sen es of children 's rights violations .

• Armed conflict involving one or more groups which do not have an official character \ e g a lack of uniforms, specific training, and .. weak or non-existent command structure ) These groups often have no knowledge o f internatio nal humanitarian law They are not accountable to international opinio n and pressure because they have no international or e,·er. national representation

• Conflicts which are related to discnmination by one pan of a population against another ln these situations armed groups and Government troops may both feel that they represent a different section of the national population In this way, the civilian population can become drawn into the conflict as deliberate targets . and children will suffer directly or indirectly Some aspects of the recent situations in Burundi , Rwanda. and Sri Lanka. are similar

• The disruption of national services health, administratio n. education, and the judiciary , have severe long term consequences for children

• The length of time for which a conflict has continued Long term conflicts (Angola, Afghanistan, Burundi ) can mean that an entire period of childhood passes in a situation of conflict The length of time for which a conflict continues can also determine the number of years needed for a country to begin functioning again

• The presence or absence of sanct ions 1s a useful indicator of the situation of a population Co mplete sanctions (i e sanc tio ns whic h ~o\ er al most everv sphere of contact betvveen the t:irget countn ard the outside wo rld. 3.S opposed to sanc tions which only cover. for example. the purchase of mii itarv equipment ) 1manabl\ ha\e a maior impact on C1\ilian populatio ns and can lead to higher ,ate , of illness and Jeath among children as food and medicine bec omes mo re expensive , r una\ ail able

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3 What is the lo.-;g term 'ir.1J.·m ·of:the c-onflit,t ·situation on children? (Time: 10 minutes)

The Trainer should emp.b.asrse Tb:f'. 11V11g ·r.:er.rn 'cr,pact of conflict situations on children.

The answer should emphasise

• That through a combination oft.he many circumstances created by a situation of conflict almost all of a child's rights are violated

• In particular, a child's continuing physical, emotional and mental development might be irreversibly damaged, so that many children will never fully recover. Psychological trauma, in particular, can last for many years .

• It is essentially the development aspect of a child which makes children so much more vulnerable than adults during a peacekeeping1conflict situation - the combination of manv different problems violates a child ' s right to development

4 What .an! th~ difficu~ .inv.ol~ed .i& p,r.otf\l'..tmg -t'tmdren's rights in situations -of-coo.ilict? (Time: 10 Mm.w.e.s)

The object of this last ~.s;tio~ ,$ tu emphas.$e to :~:eepe.rs s,ome of the difficulties that they, and other partners, ~i\l encoettt~ im t'ttt :p:!W-bl:-tio.t.\ o.f .cluldren and their rights. The answers should help coocc:rrtra1e tt£ .am:.o:&-..m ofparti.c..ipao;t':i ~)n points of particular relevance in developing practical ac.tivi:t~es. .and J ·:il'.t'tlt~!rf of prDtec.tion

For example

• Information Accurate and updated information on the situation of children can be very difficult to obtain during a situation of conflict. Without information on where children are, on how many they are, and how old, and in what physical situation they find themselves it is difficult to develop protection.

• Access For the same reasons as the lack of information, it can be very difficult to gain access to children in need of protection in conflict situations. Roads and bridges may be destroyed or mined, telephone communications cur Conflict situations can make traveling hazardous or impossible

• Securitv In countries like Rwanda and Burundi the security of humanitarian personnel is often at risk, making the distribution of aid and the protection of rights very difficult.

• The large scale of a conflict situation can mean that millions of people are suffering, so that individual attention to each child becomes impossible

• The character of armed groups and of the conflict. The less organised and well trained the combating forces the harder it can be to establish agreements ( such as cease-fires ) and to negotiate an imp roved protection for children and for humanitarian personnel

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5 What is the relevance of i.,ternational law towards the protection of \ children's rights when confronted by the above? (Time: 10 Minutes)

Again, fairly briefly, the Trainer should pose the question out aloud and invite answers from the participants. The object of this question is to link the violations and problems experienced by children in conflict situations, with the protection that may be available under international law - raised in the General Introduction. Participants should have their attention drawn to particular instruments and articles of international law which correspond with the violations and problems identified.

Without going into too much detail, the Trainer should refer essentially to the Convention on . the Rights of the Child:

All the Articles of the Convention are valid during times of conflict (unlike other international human rights instruments which allow certain derogations) The Convention makes particular provision for

• A child ' s survival and development, thereby raising the need for protection of a child with the vision over time, necessary m long con1:11cts (Article 6)

• The protection and care needs of c!uldren m sm1at1ons of anned conflict, requires States Parties to respect relevant rules of applicable international hwnanitarian law (see below J. and addresses the participation of children in hostilities (Article 38 )

• The rehabilitation needs of children followmEr conflict, and specifically to ,,

··physical and psychological reco\·ery and social reintegration . . . , (Arrick 39 J

• Children \vith disabilities ( Arncle 23) - which can be complemented through reference to the Cruted ~at1ons Standard Rules on Disability (correct references ).

• The protection of cruldren who are refugees , or are seeking refugee status (Article 22 )

• The protection of children separated from their families ( Articles 19 and 20), and fo r fam1h tncm~ and reumfication 1 _.\rttcle 22 )

• The protec ti on or· chil dren 111 _: 1._1 nfr ~t " 1th the i J\\ -1nd depn\ed of libenv unde r the la\\ 1 .\rtic k ..i O 1

• The protect ion of ..:: hildrc1; !r(:- m to rture . ..:rue!. rnhuman or dem-adirw treatment

or punishment (Article 37).

The Trainer should also refer to the legal protection afforded by Refugee law and by international humanitarian law - both of which are covered in other modules of the Peacekeeper course. The Trainer may wish to briefly refer to the main relevant points of those particular courses.

At the end of this Part I, the Trainer should distribute the Peacekeeper Mandate sheets and copies of the remaining questions, and ask participants to read through them before the next half of the training session, and to note down some answers.

The Trainer should emphasise that the answers given during Part I of the training should be drawn upon in finding the answers to Pan II

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Part II of the child rights training: 1.5 Hours

2. Peacekeeper mandates and peacekeeper practical roles (Total time: 1 hour and 5 minutes)

This section should place children ' s rights violations in the context of a peacekeeper mandate and should help participants to identify practical ways in which they can contribute to the protection of children's rights. The Trainer should give each of the participants a copy of the two Peacekeeper mandates for the T AZ mission and provide them with 5 minutes to note down answers to the questions printed at the bottom (if possible the Trainer can distribute these at the end of Part I, so that participants arrive in Part II having already read the materials) .

2.1 Who is involved in the protection of children and their rights in a situation of conflict? (Time: 20 minutes)

The Trainer can open the discussion to the participants by providing the example of the protection of children's rights in a normal situation in one of the participants' own countries. This should then be followed by references to the effect of theT AZ conflict on those protection structures, and with reference to the role of international organisations in protection during conflict. .

The object of this question is to provide participants with an understanding of some of the principal structures and means through which children's rights can/cannot be protected during a situation of conflict. With this information it will be easier to identify a key protective role for peacekeepers, which will principally involve reinforcing those protection mechanisms which are already present.

A: "Who protects children and their rights in your countries - how are they protected?"

The answers should include

• Parents and the immediate fam1h In some countnes the extended family also pla\S a maJor role

• Local neighborhoods and commun,ues • The regional and national authorities • The police and judiciary • The law. • Local specialised organisations - for e:omple. human nghts :O:GOs, or organisations \Vlt h

help lines for children in difficulty • The situation of women -, their rndependence and situ au on 1s often determinant 1r1 that c,,· .1

child) • Etc

The objective 1s to show that in a .. normal .. situation there exists within any soC1ety a who le senes of structures or mechanisms \vh1ch contribute t0 the protection of children · s right5 -although these structures work at var:;ing degrees of efficiencv

B: The Trainer should ask participants to apply their analysis to the situation of TAZ. and to identify the strengths or weaknesses of protection mechanisms in the country under present conditions.

The answers should point 0llt ::1 ..:t

• D1scrim1r1at1on and -:: onr11-::t :-'.J '- e :::,.1S::c2 :; \ ~ec:::..:-:e:.: :1,e ;'r0tec::\c capac:t\ 0r' st'.",iS:'. t.:~es such as the Judiciar\ and educ.rno:- ,., stems

• Children ha\ e been separated ;n man\ ~.ises_ :·,om their Darerns and families. and communities ha\·e been j1 \ ,cit:.: ~\ ·, 1oience aiong ethnic J.nd reli gious \mes

• L)C:il urgan1sat1ons are ·Jn11ke :'- '. ,' j e 1t:-ie :2 ::-rO\ ide ::,e same protect ive ro le J.S ,n ;;e:i -::-:

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with their activities disrupted ar,d their staff in the same situation as the rest of the population.

C: What do other United Nations bodies and international organisations do to protect children and their rights in situations of conflict?

Very briefly, the Trainer should ask participants t0 list the activities undertaken by other international and national organisations in a conflict situation towards the p~otection of children and their rights. By highlighting the work of different organisations the Trainer can help participants to identify ways in which peacekeepers can make their own contribution, either through the reinforcement of other humanitarian organisations, or through individual activities.

•

•

•

•

•

UNICEF The Country Office will ususuaJly be divided into several principal Programmes: Water and Sanitation, Health and Nutrition, Education, Information, and Child Rights Protection. Through these Programmes the organisation provides assistance to children and women.

l :-.1-fCR Provides care and protection to refugee and returnee children, among others Care and protection include providing essential food and medical care. education services (in the long term). psychological counselling, transport to

homes. legal protection. representation w1th the authorities, and others.

\\ TP Provides expert numrional analyses, and the supply and distribution of essent1al food and some related non-food items such as cooking kits

International ~GOs provide a very wide range of assistance, including the supply and delivery of food. water, clothing, shelter, the construction of latrine~. the identification and tracing of unaccompani_ed children, healt► sef\.-ices. psvchosocial care. income generating act1v1t1es . I"/

HCHR Recent lv created manages a number of field missions which typically monitor and 1m estigate , 1olations of rights, including children 's rights violations Thev report on violations, conduct visits in places of detention, etc

Other courses in the Peacekeeper training programme have already highlighted the work of some international orgamsations present in conflict situations The important point to emphasise is that Peacekeepers should be aware of the wide range of different organisations whose mandates do not necessarily only cover children, but whose work will nevertheless benefit children in some way Being aware of the work and mandates of others should help Peacekeepers to ident1f.. \, a, s in which the, can use their own mandates to complement the ,.,·ork al read, u:-id ern 1,

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2.2 What do pe~cekeeperc:' -nandates say about the protection of children:s rights, and what can peacekeepers do in practice in a changing situation? (Total time 30 minutes)

The answers should concentrate on practical approaches to addressing problems of children's rights abuse. Emphasis should be placed on the different but complementary roles of Civilian Police and of Military Personnel, and on the importance of co-operation between peacekeepers and international assistance organisations.

Referring to the two T AZ mandates distributed the participants should be asked the following

A. Identify general ways and specific activities through which the 1st T AZ peacekeeper mandate can contribute to the protection of children and their rights.

Examples of general assistance that peacekeepers can provide

• The specific elements of the Peacekeeper mandate - security for convoys, security of the capital, establishment of safe areas, etc - all contribute directly or indirectly to the protection of children and thetr rights

• In particular, the promotion of recon..: il iat ion bet\.veen warnng parties through mediat io n. provides Peacekeepers with an opportunity, for example, to address the attacks that have been occurring on children Peacekeepers should be in contact with those persons or organisations. such as the l '); High Commissioner for Human Rights Monitoring '.\lission. who are in a position to provide detailed information on violations of rights .

• Information Identified in Part [ as one of the maJor obstacles to the protection of children · s rights , the collection of information 1s an important role The T.-\Z Peacekeeping mission has 700 nulitary observers who are very probably posted ac ross the country, and providing dailv Sitreps The ~vlilobs could include in their reporting criteria some indicators of the situation of children, giving particular attention to the presence of unaccompanied children, and of signs of malnutrition. for example Other instances of the T .-\Z mission with reporting mechanisms can include information on the situation of women and of children and make their reports available to organisations such as l ~lCEF, with a mandate to address specific problems

.-\ccess .-\Jso identified as a potential problem 10 Part L Peacekeepers can help ensure access fo r re levant internat ional organisations to areas where children are in need of assistance

Ir. spec:ric respor. se : 0 some ~r :i,e p, '-"'c; e:~s . .::er.u:·1ed :n ::::- ,1:-: i 2 ;· :he ,rainmg course ceac ekeepers -.:an help :n mam soec:ric ·., J ·., F c' , examk:e

During the protec tion or·,: ;\ d1 an pc cu ,at: or. s ::1 T -\Z. Pe:icekeepers can help to pre, ent :'am1i\ separauon During ;:- 0pul at 12 ;--. J:s cla-::e~.er,ts s;r.gte :carent famili es. and parent s

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looking after handicapped children should benefit from extra assistance (for example, with regard to transport) .

• The specific identification of unaccompanied children falls within the mandate of the "protection of civilian populations". Peacekeepers should be informed of which ~ agency or NGO is taking the lead in the care and protection of unaccompanied children, and should define guidelines for the identification of unaccompanied children. For example, it is essential that every effort be made to verify the name and place of origin of an unaccompanied child from the moment the child is identified and before the child is moved to any other location by peacekeepers, or others.

• The protection of certain children 's rights - such as the right to life and to liberty - can be conducted by practical co-ordination between peacekeepers and relevant UN agencies. UNICEF, the UN High Commissioner for Human Rights, and the UN High Commissioner for Refugees all have mandates which are relevant either directly to children, to refugees/returnees, or to violations of the rights to life and liberty. Peacekeepers can not only help by collecting information on violations through the Milob network, but can also help the relevant u '"N agencies to address cases of violations. In conflict situations, soldiers from opposing forces are sometimes more likely to listen and take note of the objections of military peacekeepers, than of the civiliam members of L >i' agencies The peaecekeepers can occupy a unique position as advocates ror the protection of chddre's rights

B. Peacekeeper protection 'thtu.mgb tbe ·seumrl J,.,.\2 mandate

The Trainer should emphasri1t· tt.har :.fcifu.~1n(! .the ;,~--e fire :!a~ peace agreement in T AZ, the situation of children in TAZ is~~ lik.e!J '.Tlil: dun~ c.nd tuhe pro.Mems they face to alter.

a) Participants should be :as~<>a to ·~ugg,~ ways m wru,ch rhe: :Situation of children might change during the first fow ml\'ltflS of t.h~ c.ea~ f~ pe1iod, and how the protection response must also change. The Trainer 5houlo e.rn_phas1se chat childrerf s. rights viofations do not end with a conflict. Many wili continue, :and 50metimes new ones start up, in the period following a cease-fire.

Examples :

• Large population movements will begin again as people return to their home regions following displacement as IDPs and refugees. rn this context there may be further family separations, with children becoming lost \fany people are likely to arrive in, or travel through, major towns, leading to a lot of overcrowding, criminal activity, and hardship

• L'naccompanied children. and others. often move towards the major towns following a period of conflict. and are soon known as street children . They beg and work, and are often isolated form education and health services. and at risk from prostitution drug abuse, violence, and illness

• Food shortages and economic difficulties \\ill continue. and perhaps even worsen for a period of time, so that the problems experienced by large families, during the conflict itself in finding sufficient food will continue Etc

b) Referring to the second T.-\Z mandate, participants should be asked how the altered capacity, content , and mandate or the T -\Z mission can be adapted to practically address the protection needs of children Examples

• The \,1ilob presence remains with no -:::hanges so the information and monitoring role of the ¼lobs, with regard to children· s ri3hts. should remain The criteria used for the monitoring can perhaps be adapted to correspond wrth the changed and evolving situation of children ·' Alarm bell" indicators can be developed to dra\v attention to any changes in the situation of children

• Civpol, can make an important contrib1.mon to monitoring and addressing instances of discrimination against children with r:egards access to services. and monitoring the role and response of national police force s

• [n the context of training .1 ::e\, :..1uc n.1 i rm\ . Peacekeeoers can include elements of -::hildren · s rights . .ind '.1 0'-' r.J. t:,, r.J. : .1rr:,e-.: :'.-: recs can seek their res pee and protection

• The T.-\Z peacekeeping m:ss1 0r. ., , 1, , :. :r.e J.~eJ.s 0 r· assistance :0 humannanan organisations can continue

Training

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Gathering of inform~:io., on the <irt ··atrora -of-children - Predict alarm bells ( int~rate rhw~ .J.lar.rm i;m..o L+eri anal:-r_i;1s -of.a ~ituation - Assistance, for ex.::.mp!e, p'-c'tP-;t: ,n.. ~r.m.'i)Y' .. Jlt, at.her,. h-dip ·wvi'k. o.f protection partners. 1

- Ensure respect of law

3. Participants to propose a Peacekeeper strategy for the protection of children's rights (Time: 15 minutes)

The Trainer should ask the Participants to propose different elements of an ove,all strategy towards the protection of children's rights by a Peacekeeping Mission. Time constraints require that the answers be quick and short . In essence, the objective of this section will be to ask participants to summarise the infonmtion they have received during the previous 2 and half hours of training, and to apply it in a practical form .

The answers may include the following:

• The definition of Peacekeeper mandates should themselves take into account the role that peacekeepers can play in protecting children's rights. When mandates are defined the United Nations DPKO should consider the role that peacekeepers will fill in protecting children's rights .

• Pre-mission analvsis and assessment Prior to the deployment of peacekeepers, each national contingent could include in their analysis of the situation to be addressed , criteria concernrng the situation of children, and the conrributton that the contingent could make in protecting children's rights

• Based upon a pre-nussion anal:1s1s, .~au onai contingents might include among their personne i being deployed to a peacekeeping m1ss;on. specialised staff such as psychologists who mav be of assistance to children

• Pre-mission training for all peacekeepers on children· s rights

• Pretln-mission training for national conungents on the specific situation in the country to

which they are about to be deplo, ed. ,ncluding information on the situatton of children, and the role that peacekeepers c.1n fill 1n the protectton of children 's rights

• Peacekeepers might take the initiative tn making contact with humanitarian orgarnsations whose work is conducted in favour of children. offering them logistical and other assistance

• The definition of standard forms of agreement and co-operation between peacekeepers and international humanitarian organisations ,vhich ,viii enable peacekeepers to initiate co­operation activities immediatly upon arnval tn a peacekeeping mission

• The definition of specific roles for peacekeepers in conducting certain child rights protection -1ct i,it1es and '-' hich require a le, ei 0r mobilit, and organisation which military forces can pro ,1de These rrnght incluce '.·e r e·nmple. :-:1on1tonng and 1dentit\ing unacompanied c1 dd ren ,) r :::-r otc:c :: ng :1e :r.r.::i b, : -1 ::·.s : :· : 1srl:1ce::i :c erson c.1mps from Jttack or from se~u:1: .i l:-1.:se

3. Violations of children's rights by Peacekeepers (Time: 25 minutes)

The Trainers should distribute the excerpts from articles on Peacekeeper abuse of children 's rights, allowing 5 to IO minutes to read them.

The Trainer should then ask:

3.1 What do you think of the articles?

3.2 What other forms of abuse of children's rights by peacekeepers might occur?

Examples of violations committed in the past

• • 3.3 What can peacekeepers and the C.'.\" do to address violations of children 's rights by peacekeepers?

Examples

• Disciplinary measures

• Preventive measures mciudirnz :nm1r:Q :he s;,;ct Jerinmon or' recreation areas, education on the effect or' 1,1olat1ons

At the end of the training course . the trainer should note down on A4 paper all of the points that were made by part icipants and which have been written up on 'blackboards ' Copies of these can tr 2n be di stributed to part icipants by way of a summary of the key points di scussed

Trainer Fact Sheets

The following notes are intended for use .by l'rrc Trimer '.Ti• r. ernforce certain points. They provide additional informafrvn which ,;;.m ~ used to ~p'hasi~ :x.0me of the answers given to questions during the course of the trainin_g .sess.ion. The -mzjmiry ,of the information is drawn from UNICEF's State of the Worlds Children 1996., Chapter I, .and from the Machel Study on children in armed conflict

It is important to emphasise thal the details provided are far from being exhaustive or complete. They are intended only to reinforce certain points.

Child Soldiers

• Increasingly present in armed conflicts

• In the Iran/Iraq war children \.vere sent out ahead of other troops over minefields, to clear the way for others .

• The role of children in the front li ne has increased as \.veapons have become smaller, lighter and easier to operate 200 vears ago_ a child with a sword was little match for an adult . -Today a child with an .-\K-f7 or \ll 6 can be .1 significant and deadlv match

• Children are cheap soldiers requmng little or no salary

• Children are more easily manipulated and dominated than adults They are unlikely to question orders, or to retreat ,f told not to They can be easily intimidated by adult officers

• Once their links with families have been cur. .:hildren have few other links v.;ith a community, unlike adult men \vho may be married and have children to \.Vhom they wish : 0

return In '.\'orthern l'ganda the l t) rds Resistance .-\rmy has sometimes been known to force children to'kill people in their home vill ages so that they are unable to leave the army to return home

• Often children are obliged to J01n an armed ;·orce Children have been forcibly recruited by Government forces during the 1980s and 1990s in Ethiopia, Guatemala, and y{yanmar. for example Opposition groups in .-\ngola. \lozambique, Sri Lanka, and Sudan have also forcibly recruited large numbers of children RE~.A...v10 in \lozambique is thought to have recruited up to 10.000 child soldiers: s9me as you ng as 6 years old

• Children sometimes ho \., e, er ]O tn .rn :u rned :·c rce bv their 0\\ n choice

• In some snuations .:htldren ::1.1, ,.:;~ .. ·' Se:,, oin .:mr.1es 3S J. means 0r· sur.1\al In Cambodia ;n the l 9S0s chtldrer: \, 1:hin ar'.'-_J '.·_,, .:es 1aa ':\et:er a.: cess '.O :·cod and ::,hvs1cai protect:or: :han c:vil1ans

• Children who ba. c been re-::- ;: j in!D ,~, ~.rrn.ed fon.;! urc~ t'Je obliged to commit atrocities as a way of "hardening .. them L,.r

Children as the victims ,of t-0rtu.r~ and rape

• When the normal "protection machanis:r.nsr. in a .country breakdown - parents, the family, the local community, the judicial and adminisatrtive .systems, etc · children are far more likely to be the victims of torture or rape. Both <:an inflict permanent physical and psychological injuries on children.

• Torture may be especially common in situations of detention .

• Rape is a regular occurrence in situations of displacement where many people are forced to live in communal crowded conditions Burunian IDP camps, for example, are often places where young girls are raped by the soldiers who are supposed to protect them. or by adult men who live in the camp

• Rape is sometimes used as a strategy or·\\ :i.r . :ne Former Yugolsavia and Rwanda are t \\ o recent examples

Lnaccompanied children

• Typically account for 5° a of a refugee ,J r :nternally displaced population In Rwanda, at the end of 1994 and estimated! l -l. 000 children had been separated from their families

• Children tvp1ca1lv become unaccompanied dunng the panic and urgency of displacement when they become separated from their :Jar<;"nts

• Other children may be unaccompanied ::J ecaus<;" their parer.ts or other guardians have been killed or imprisoned during the conflict

• Occasionally, families themselves place a child in an unaccompanied situation because thev hope that the child \Vilt be safer and better cared for. For example, in Rwanda some parents would claim that their children \vere unaccoampanied in the hope that their care would be provided for by an international organisation Haitian and Vietnamese families have sometimes sent their children out of their .:ountries in boars. in the hope that the whole family would be given asylum in a host counm·

Disease. malnutrition. and famine

• The :arge :na_1o r:t \ or· cnddren \\ rw ..:1e j ~rmg oenods or" conrlict :o se :heir Ii \ es :iot 1s :ne ~esuir of bull et s ,, r Jombs but :'lr0c,fr ;Jness . :nalnumuon. and sometimes famme .\ : 03: Studv of deaths dunng a per:od or c-c:-.::i,: :n L ganda estimated that 2° 0 of the deaths '.\ er-:' :e resulr of \1oi ence. \\htle : 1=· 0 , '-\ ere :1t..:sed b\ disease :rnd -so~ bv 1-iumrer

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died by the 3 1 December. 90% died through a combination of malnutrition and disease.

• In this context, the destruction of food stocks and water distribution systems can have a severe impact on children. The use of land mines to prevent the civilians population from farming fields, for example, will have a direct impact on the respect of the right to life bf children.

• The war in Lebanon had a devastating effect on the quantity and quality pf available drinking water. A 1990 study found that 66 % of urban water sources were contaminated.

• In Burundi, the destruction of water distribution equipment (pipes, pumps and wells) has deprived large groups of the population of water, focing children to use polluted water sources and leading to illness and higher mortality rates.

• In many developing countries, where access to higher education is more restricted, there are a limited number of health specialists When a conflict begins, doctors and other health related staff may be as much victims of the conflict as anyone else - forced to flee their homes - and the levels of health care available are drastically reduced just as the need for that care becomes greater. In L' ganda. oetv.;een 1972 and 198 5 50% of the doctors and 80° i

of the pharmacists left the countrv

The impact of sanctions

The international community imposed sanrnons on T:-\Z, leading to a whole senes of different effects Through the l 990s a debate has been growing on the use of sanctions.,and on their effect Sanctions often lead to suffenng among the civilian and poorer populatfbns of a target country, and do little to atfect the governing regime whose behaviour it is intended to sanction and pressure

Phsychological trauma

• Children in conflict si tuations witness the killing, maiming, torture, or beating of other people - and sometimes of family members The effects of trauma are not easily visble but are often very long lasting, and sometime permanent Psychological trauma can seriously limit a child's future development . .\ 1995 survey in :\ngola found that 66 % of children had seen people bieng murdered. 91 ° o had seen dead bodies 6 7 °/a had seen people being tortured, beaten, or hurt

• Psyc hological trauma can cause children to surfer from nightmares, daily flashbacks of the events they have \vitnessed. fear . msecurlt\·. and sometimes bitterness

• It 1s important to note that some of the :-:1Dst senous tr:iuma mav not neceesaily be li nked '·' 1th J spec.r:cah , :olent e, ent P1r.1cu :ar:, :·er ·, our,ger .::r:ildren :he separation from pare:,, s -:an ;,a\e :he :7C'St :r:rnmat:c e:'!'ec; 2 ,· .,. :

Children and landmines

• Children in at least 68 countries live an.id an estimated 11 0 unexploded landmines. Aghanistan, Angola, and Cambodia have an estimated 28 million landmines between them.

• Some landmines, such as the butterfly mine, look like toys to children who try to pick them up and play with them.

• Children are also more vulnerable to land mines than adults because they are not always able to read or understand warning signs.

• Anti-personnel mines are often designed to injur, rather than kill. Children, however, frequently die from the injuries caused by such mines .

• Children, because they are smaller, are less able to see a landmine from a distance, than an adult

• When an adult parent is the \ ictim of a landmine explosion he or she may die or be so badh injured that it is no longer possible to work . The less in family income can ha\·e a devastating effect on the children in the familv

• \fine awareness programme s need ,o be .:1dapted :o children ' 5 needs Save the Child re:: LS for example. adopted .1 mine J\\ areness :--rogramme !n .-\fghan1sran \vhich made use of children as teachers ;o r ... ~the, ~11kre'.; ~~,ie ::>IJ\i ng .. rnJ sur.1\0,s as educators

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GENERAL INTRODIJCTK>NTO CHILD RIGHTS

Monr.::E FOR PE.AC1'Kf.:EPERS

This General Introduction is intendt-d to pr~ p~~3i ,wiJth an essential background on children's rights, and in particular :m1 erp.lanationoJ:the Co9'llYention on the Rights of the Child.

The document is divided into several :.ections which do not necessarily have ;to be read in order, but can be referred to as needed .

.. -.

The mafu. themes covered by the attached dOfllin~i#s ta~:lu~~i:IM;:fiir4u~,= • Child right!l are buman ri~ andre.,pect the digiiity.andWortliot'~~I~{) (

. a~~*S1L-qcy9a, ...

►

Information contained in the General Introduction has been drawn from several sources, including:

.-'\ ·_".;!CE:::- :s: ::..;c1r(e, ,·,, r '.t:.1r.1ing .1r.c jc,11:g · manu.il 0n children·; rights .

. I.I'. :nr.:r.1.1t;,m .1 : -.;J,e ,he Chlldr.:n .\,li.1:1(<: '.'t:::>i!-:Jt;on. :--, ~;.om.is HJ.ffiffiarber g, entnled ·'\laking reJ!ir. ,, :· :1:e R.:ghis ,J 1··.::.: l·:-:1: c: ~:1,: ·_·'\; (,,r., cnt,on ),",Jt ,t ,.1,s 11:d ho,,:: ,Jn -:hange the status or'..:htldren

CONTENTS

1/ THE IIlSTORY OF THE CONVENTIOJ'Y

2/ CHARACTERISTICS OF THE CONVEJ•.,TJCI.N ON'J'HE RJGHn OF THE CIIlLD

A global standard A comprehensive statement of rights The four sections of the Convention on the Rights of the Chi!d Definition of a child Fundamental principles

A Non-Discrimination B. Best Interests of the Child C Life, Survival and Development D. Listening to the Views of the Child

The place of the family · Child rights, not unlimited child licence Enforceability Ethical principles

3/ THE PROVlSI0:"11S OF THE Co:...v·E:-.TIO:'\'

4/ BASIC PRI:\CIPLES OF CHILD RIGHTS

Children's rights are human rights '.\Ion-Discrimination Obligations L' ni versality Indivisibility and interdependence Best interests of the child Role of the family Children as the subjects of nghts \faximum use of resources - putting children first Setting priorities

5/ STATE PARTY OBLIGATIO:'<S L'.\TIER THE COi',"VENTIO'.',

An explicit commitment to action Legislative and other measures International reporting and the Committee on the Rights of the Child Publicitv and information

/ • · I

6/ THE CO'.\'\-'E'.\TIO.\ I:\ THE CO'.\TE:\T OF THE C'.\ITED \..\ TIO\S SYSTE',,I OF HL'.l.\.:\ RIGHTS

- ' THE TEXT OF THE CO\\'E'.\TIO\ O'- THE RIGHTS OF THE CHILD

Fact sheet: Ratificauon of :!le Com enuo:: on the Ri sz ht s of the Child Fact sheet: The h1stol'"\ 0!· the C '-' n, e:i t:on on the Right s ot th e Child

1/ THE ,HISTORY OF THE CONVENTION ON THE RIGHTS OF THE CHILD

SUMMARY

International concern for the welfare of children in general, and the recognition of rights for children in particular, is a phenomenon of the twt1tieth century.

The initial stages of this process were largely in the domain of the NGOs that came into being in the early part of this century with the specific goal of improving the lives of children. Foremost among these was the International Save the Children Union, founded in 1919 following the inspiration of an Englishwoman, Egglantyne Jebb As the basis for its work, the General Assembly of the Union adopted in 1923 a five-point declaration written by Ms. Jebb . The next year, the League of Nations adopted this same declaration, known as the Declaration of Geneva This declaration was subsequently reaffirmed by the Economic and Social Council of the United Nations in 1948

The L'niversal Declaration of Human Rights was meant to apply equally to all human beings. children as well as adults It also contains two provisions that make specific reference to childrer. Article 25. paragraph 2. states .. \fotherhood and childhood are entitled to special care and assistance .-\11 children. whether born in or out of wedlock. shall enjoy the same social protection.·· . .\nd Article '.:: 6. which deals generally with the right to education, and requires that elementary education be compulsorv, stipulates that -- Parents have a prior right to choose the kind of education that shall be given to their children "

It was generally felt that the rights of chi ldr .:n needed a fuller and more precise definition than was provided by the C niversal Dec laration After several years of preparation, the General A.ssembly of the Cnited >iations approved the ten-point L'nited Nations Declaration of the Rights of the Child on 20 '-.io,ember 1959 At the time, some states had expressed the hope that the instrument could have been approved as a convention rather than a declaration, but there v.:as :10:

sufficient support fo r thi s proposal

In 1978, on the eve of the International Year ot the Child, the Polish delegation to the Commission on Human Right s once agam rai sed the possibility of a convention on the rights ot the child. and presented a proposed draft , \vhich was largely based on the Declaration There was agreement that a convention \vould be a useful instrument, but many differing views about \Vhat it should say The Commission established a Working Group to draft the text of a convention

. .\fter ten vears of sometimes acrimonious discussion. the Convention on the Rights of the Child was adop~ed by the General . .\ssembl:v: The date chosen for this action was 20 November 1989 the thirtieth anniversary of the ado ption of the Declaration

The Comention \vas opened l\'r s;gn:nure ~,n 26 Januaf\ \ 990 By 2 September 199(1• the ,equ1stte : ·~- ,:it1ric,1t1ons had :,eer ,e;::e:, ec J:'.ti :he C om·enuon came :mo effect

.\s of Octobt>, I 91r. l -:i l count,,e, r, cl\ e ~:iw1 ed or 1cceded to the C onvent1on. making it :r,e most r:ittr1 ed :1uman ,12.hts :rear·. e, e, r-1e 1_· n1,ed State s of . .\rnerica has si1rned bv not \et - - . .

ratified. Only Somalia, which lacks .a functioning government capable of taking a decision on thi!i matter remains outside the scope of the Conventin1=1. ' .

ROLEOFNGOS

When the Working Group for the drn.flimg ~f:i.rre C..onve-.rrt.~m w.r!; ·set up, efforts were made to foster cooperation with non-govemmentaJ Drganizarions -active :in the area of child welfare. ln the early days, however, few NGOs saw thew way clear to becoo:ring ,involved. Although there was great potential for fruitful cooperation, the NGO .community lacked the ability to participate in a coherent, effective or appropriate manner

Three NGOs (Defence for Children International, the International Catholic Child Bureau and Radda Bamen International) took the initiative in 1983 to call a consultative meeting of NGOs to consider the draft convention. This was attended by representatives of more than 20 agencies, and led to the creation of the "Informal NGO Ad Hoc Group on the Drafting of the Convention on the Rights of the Child" . Eventually, more than 60 agencies joined the network of the NGO Group.

The NGO Group presented reports and recommendations to the Working Group and served as a channel for communication between the Working Group and the NGO community. The NGO Group also held meetings with representatives of Permanent Missions in Geneva, to inform them of the views of NGOs as they prepared for the sessions of the Working Group .

Several of the articles of the Convention owe their existence, or their final form, to proposals made by the NGO Group These include protection of children from abuse and neglect (Article l 9), care for victims of explo1tat1on and abuse ( Anicle 3 9), the abolition of traditional practices harmful to child health (Amcle 2-l ), and protection for children in conflict with the law (Anicles 37 and 40) The \iGO Group also helped shape the implementation measures for the Convention. producing initial drafts for what became . .\rticles 42 and 45, with particular emphasis given to the obligations of States Parties to make the provisions of the Convention as widely known as possible /

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In addition to the conmbut1on thev made to the drafting process, \iGOs were effective in raising awareness of the work being done and in pressuring governments to take the work seriously They are also credited bv many with persuading L ""\iICEF to take a more active role in supporting the Convention

Since the Convention came into effect. :he '.'-:GOs have continued to coordinate their support for its implementation by means of the '.'-:GO Group for the Convention on the Rights of the Child

ROLE OF l.J:'IJICEF

When the idea of a -:omention to recognize the rights of children was first proposed, the Lnited :\ations Children· s F ur.d sho\,ed a marked :ack of interest This situation continued until l 986 \vhen the l ":-:lCEF E,ecume Board : .:heel< in the rele,ant background document)

Once the Comem1on '"lad been .1dopt-': ::,, : :~ -:: General .-\ssemblv. L:slCEF became a key player in the efforts to achteve ~rn,ersal rattri c:rnon. which \vas one of the goals agreed to by the Wor;c: Summn for Children . held at L·nned '.'-:auons Headquarters on :_9 and 30 September 1990

Gener3( lntrodud1,,n ro Childrrn ·, Rights

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2/ THE CONVENTION ON THE RIGHTS OF THE CHILD

A GLOBAL STANDARD

The General Assembly of the United Nations adopted the Convention on the Rights of the Child by consensus on 20 November 1989, after ten years of intensive negotiation by a working group established under the Commission on Human Rights . As of October 1997, the Convention had been ratified or acceded to by 191 states. The United States of America had signed the Convention (indicating general acceptance of its principles) but had not yet ratified that signature Only Somalia, lacking a stable government to act on its behalf, had taken no action to associate itself with the Convention.

No other international human rights treaty has ever received such a high degree of international acceptance. This virtually universal ratification of the Convention makes it a highly significant human rights instrument, with relevance not only for children but for all people If the Convention were to be fully implemented ( a challenge that remains to be met), the rights granted to children would also need to be granted, in equal measure, to both men and women, since it would not be reasonable, nor politically possible. to take away rights once a person reached the age of 18 years Since many countries which have ratified the Convention on the Rights of the Child have not ratified the Covenant on Civil and Political Rights or the Covenant on Economic. Social and Cultural Rights. or both. the provisions of tr.e Convention represent the most comprehensive prescription for the protection of huma.1 right s available in a substantial part of the world

A CO.\IPREHE'.\SI\ r: STA TE.\IE'.\T OF RlGHTS

The Convention on the Rights of the Child has four sections:

The Preamhle. which sets out the historical background and contemporary context for the Convention. including references to and quotes from the Lniversal Declaration of Human Rights. the Covenant on Civil and Pol itical Rights, the Covenant on Economic, Social and Cultural Rights. and the Declaration on the Rights of the Child The Preamble introduces the Convention. but does not bind the States Parties to the Convention in any way

Part l contains the -4 l operational or substantive articles of the Convention, the articles which describe in some detail the specific rights of children which must be respected and protected The rights covered include many that have already been recognized for all human beings in prior international human rights instruments, including the Universal Declaration on Human Rights and the tvvo Lnited '-.;ations human rights Covenants In addition, these anicles recognize special right s whic h children alone possess. by virtue of their vulnerability and dependencv on ot her s fo r ca re and nunure These arnc les set out obligations that

States PJ. r.: es must r\!lfill .rnd esuolish :he s:3.r.cJ.rds :hat :r,cst oe met for al l children c\ ef"\.\\ here

Part fl t . .\rncies -i : :o -\ ~ 1 0utl1r.es •he :)roce~;_ire :·or monitor:ng the compliance of States

Ge nerc1 I lntr <Jclud u) n to • hddre n , R 1t!hts

Parties with the Convention, including the establislnnent of the Committee on the Rights of the Child and the process whereby States Parties report to the Committee. This section of the Convention also includes the key requirement that the provisions of the Convention be made "widely known, by appropriate and active means, to adults and children alike " (Article 42) .

Part III contains Articles 46 to 54, which describe the process of signature, ratification and accession, how the Convention enters into force, how amendments can be made, how States Parties can register reservations to specific provisions, and how States Parties can withdraw from the Convention (by means of"denunciation")

DEFINITION OF A CHILD

The first article of the Convention defines a child as " every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier" .

No minimum age is specified in the Convention. This was done deliberately, in order to avoid debates about when a child becomes a child and which would have raised a major discussion with regard to abortions, causing potentially serious problems for the negotiation and eventual acceptance of the Convention.

In practice, most countries set a variety of ages of majority, for such things as criminal responsibility, employment , marriage and \ oring in elections. Although the definition of the chi ld is not one of the four '·fundamental principles'' identified by the Committee on the Rights of the Child , it is basic to everything in the C onwntion. because it determines the people to whom all the other provisions apply

Four Fundamental Principles

When the l: >i Commmee on the Rights or the Child met for its first formal session in/ / September-October l 99 l , it discussed the very meaning of children's rights . It concluded that the Convention was about human rights for children and that the very notion of rights were reflected in its articles. In drafting guidelines on how governments should write and structure their initial reports on the implementation of the Convention, the Committee highlighted the general principles They were to help in the interpretdtion of the Convention as a whole and thereby guide national implementation programmes Thev were formulated , in particular, through articles 2, 3, 6 and 12

A. Non-Discrimination

The first of the four -- fundamental princ iples·· identified by the Committee on the Rights of the Child is found in Article 2 of the Convention The provisions of the Convention are to be applied ·wi thout discrimination of anv kind"' This general protection is defined by a list of the conditions which cannot be used to 1ust1f-· anv differential I especially preiudicial ) treatment of children

Thi s is the most co mpre hensive list of prohib ited grounds fo r discrimination in any L'nited "'.\ations human nght s instrument It is 1lso notable fo r the fact that it protects children from

General In1roduc11< .n to Children ·, Rig hts

. .. discrimination not only on the basis of their own circumstances, but also on the basis of the circumstances of the other members of their families . Every other article of the Convention must be read and implemented in accordance with this article.

B. Best Interests of the Child

Article 3 establishes the principle that actions which affect children should be based on an assessment of whether those actions are in the child's best interests.

The concept of "best interests" is not specifically defined in this article. In a sense, the articles which follow ( at least until Article 41) serve to provide a working definition of "best interests", by providing specific guidance on a wide range of rights recognized for children. At the same time, the requirement to make the child's best interests "a primary consideration" in "all actions concerning children" provides the basis on which those other articles must be understood .

In spite of this, the lack of precise definition has been the cause of some misconceptions In some cases, the "best interests" principle has been misinterpreted to justify actions which run counter to specific rights, on the grounds that those actions are in the "best interests" of the child in terms of the local culture or traditions (For example, the argument has been made that female genital mutilation is in the "best interests" of a girl child because it guarantees her acceptability in the prevailing culture ) Both the Committee on the Rights of the Child and expert commentators on the Convention agree that this is an incorrect interpretation of the "best interests" principle. which must always be interpreted in accordar :e with the other articles of the Convention

C. Life, Survival and Development

Every major human rights instrument contains a provision affirming the right of every person to life This is essentially intended to protect individuals from arbitrary actions on the part of states which may deprive them of life

The Convention on the Rights of the Child goes farther than this, however, and in Article 6 asserts the obligation of states not mere lv to refrain from actions prejudicial to people's lives. but also to take active positive measures to ·ensure to the maximum extent possible the survival and development of the child" At issue here is not only the life of the child, but the quality of that life Subsequent articles provide the clarification that what is meant here is ·'the child ' s physical. mental, spiritual , moral and social development · ( see, for example. Article 27)

D. Listening to the Views of the Child

In sharp contrast to the adage "children should be seen and not heard", which has its counterpart in virtually every culture in the world . the Convention on the Rights of the Child insists on both seeing children (whose best interests should be taken into account whenever decisions are made that affect them ) and hearing what they have to sav

Article 12 of the Con\ ention st1oulates :hat "in all matters affecting the child" children should be :ible to e'<press their O\\n opinions free i, and those opinions should be listened to. "given due weight in accordance with the age a:.d :.:at flt\ of the child" This one article. alone, would be enough the charactenze the C onwnuon as J. document which radically changes the way societ1es must treat ,heir o,vn children. \\. ho are no :anger ohJt!Cts to be manipulated at will by others. bu:

General lnrrodu c1on r,, Chddrrn , R1!!hh

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rather subjects who are entit!ed to participate in the process of deciding about their own lives. •

This article does not mean that chitdrt!n will always have the final say in those decisions . A child . may have the firmly held view that school is a waste of time yet, in that child's own best interest, he or she may still be forced to attend school until a certain age. At the same time, the expression of the child's views about school, taken seriously, might contribute to a process of improving the education system and making school a more welcoming place for that child, an outcome which could well benefit all children and society as a whole .

THE PLACE OF THE FAMILY

One of the most damaging misconceptions about the Convention on the Rights of the Child, which has been widely promulgated in many countries, is that the recognition of rights for children undercuts the rights and responsibilities of families, and of parents in particular. Nothing could be farther from the truth . The Convention establishes from the very beginning the pre­eminent importance of the role of parents in raising their children.

In the Preamble, the famil y 1s identified as ·' the fundamental group of society and the natural environment for the gro .... th and well-being of all its members and particularly children" Article 5 sets out the requirement that States Parties --respect the responsibilities, rights and duties of parents or, where applicable. the members of the extended family or community as provided for by local custom. legal guard ians or other persons legally responsible for the child"

Repeatedly, in article arler arn ck. the C onvent1on 5tresses the need for the state to support and 5trengthen parents so that they can do the best _j ob possible of helping their children to develop in every aspect (for example, in :-\.rncle 2-:' ). with only the proviso that ·' the best interests of the child will be their basic concern · ( . .\rt1cle 18. paragraph l) The detailed outline of the aims of education (Article 29) includes the development of respect for the child ' s parents .

Only when the famil v fails to provide the care that is in the child 's best interest is the sta;e< allowed to inter,;ene. and the initial intef\ ent1ons are supposed to support the maintertance of the family unit The break-up of the fami lv, through the separation of a child from his or her parent s. is clearly intended as a last resort . when al l other measures have failed , to protect the child from such circumstances as abuse or neglect ( . .\rticle 9) Even then, the Convention requires that the state help children to ·maintain personal relations and direct contact with both parents on a regular basis, except if 1t 1s contrary to the child · s best interests ..

Child rights, not unlimited child licence

.--\not her significant misconception ab out the Convention on the Rights of the Child is that it grants to children a degree of lic ence that ' "ou ld be unacceptable in any society One hears claims :hat the recogniuon c) t. ri ghts for children'-' ii i lead to children ·•divorc ing· · their parents or doing ,., hat thev choose r. o ::1atter '-' hat :he c~ nsequences fo r themselves or fo r soc1etv as a \.vhole This refl ects .1 :1:!su:icersur.::in=' .1 ccu : :1e :-::ir ure or human ~;ghts :n ge:ieral. .is ,,ell :is ch il d re:: ; ~1ghts

Gena, I lnrrnd ucr, ,,n :, , ChdJrcn, Ri\! ht,

of the responsibilities that come with being a member of society This is explicitly stated in the Universal Declaration of Human Rights, in Article 29, and underlies all human rights theory and practice. Just as adults are expe~.e1.. to exercise their rights responsibly and with respect for the rights of others, so too does the recognition of rights for children carry with it the obligation to behave responsibly as members of society.

The further misconception that such specific rights as the freedom of assembly and association opens up the opportunity for children to form gangs and run wild in the streets also needs to be countered from the beginning A simple reading of the text of Article 15, which recognizes that right, makes it clear that the right is not unlimited. Children have the freedom of peaceful assembly, and their right to associate with others is limited by considerations of public order and social safety.

Enforceability

Of major concern to many people, especially those who are most directly concerned with the implementation of the Convention ( children and young people, and those who advocate on their behalf), is the question of the extent to which implementation of the Convention can be enforced on the States Parties. and. especially. on governments \Vhen the Convention is referred to as .. binding international law··. the point must always be made that it does not bind the States Parne s as national law binds citizens to compliance The enforcement procedure, involving the regular submission of reports to the C ommntee on :he Rights of the Child, and international reviev. of performance ( or lack thereof) , seems somewhat lacking in force to young people who \•.:ant to sec immediate change. and to find a fa1rh- easv and stra1ghtfor.vard way of propelling that change

It must be acknowledged that this criticism ;1as some merit As long as the terms .. binding '' and --1aw" are used together in reference to the Comention on the Rights of the Child, there will be an expectation that some measures could be taken to compel obedience On the other hand. the Convention is not enmelv a ··toothless tiger· \\.hile the international review process falls short of a judicial trial \\ith the threat otcom1ct1on :ind punitive sentencing, it can have a positive effect :r. moving states ( and espec1alh go\ ernments 1 :o :aJ-.:e .1ct1on on behalf of children and thelf rights

The key to ensuring that the review process makes a difference is information making the Convention as widely known as possible to both children and adults (in compliance with Article -C) The responsibility for spreading info rmat io n about the Convention is not restricted to governments .-\ny organization. or individual. can inform others about the provi~ions of the Convention and their implicatton fo r children in any country - or the world as a whole Once people have the knowledge. they can then develop the public pressure which is the most effective way of promoting change in democratic societies When reports are prepared for the Committee . those, too. should be publicised \videly. both by government and by non-governmental entities \\ .hen the issues of maior concern rel:iting to -:hildren are made public. action must follo\v

The other J1mens,0n o'.- :f--.e enrorce:11eni J r- ,::e C cnwnuon. ::ind other lnited \:auons human ~:ghts :nst,Jments :s the 1ntermt1onai pre~sure :::at ..:an be Jrought to bear through the formai :·e, 1e" pro-:ess. :, ,H ust ,hr0ugh :he C 0r.,1~~:ttee ,_,r, ,r.e R:ghts or· :he Child but also . b\· extens1 c :~ thr ._1 ugh the Comm1ss1on on Human R:ghr, ::-ie ::-'.e ~er:-or1s made O\ the Committee to the General -\ssembh ,,nh rec ;..~mmenc:i: :o.,s :·._,, .1.::: ... ,r. -.,nH.: h ha\e :o date. been acceoted

Genaal lnrn,ducr 1<ll l ro Children , R,c1hr ,

There is no denying that this system of enforcement will not result in rapid, much less immediate,. change in the ways that children are viewed ao.d treated in ma.r~v countries. Full implementation of ",_ the Convention requires more than merely change o'f'legislatioo and restructuring of institutions. Culturally-based attitudes and expectations of di;hlren r}t ,extremely long standing will need to change and the way in which society as a whole behaves toward children must be transformed. This will also require an intensive and unrelenting effort to blmg issues to the attention of everyone in society and promote changes in behavtuur This will take time.

Ethical principles

.\..fore than a legal document, the Convention is a statement of ethical principles. Having been ratified by all but two of the world's countries, it represents an unprecedented international agreement on how children should be viewed and treated It serves as the template or measuring stick against which the way all societies treat their children can be gauged and judged, not in a court of law but in the coun of public opinion The power of the Convention lies not in any capacity to make states fulfill their obligations under threat of punishment, but rather in the vision it sets forth toward which all states can be strongly encouraged to strive It provides the moral authority which can strengthen the work of governments. international agencies and :\GOs on behalf of children

THE PROVISIONS OF m ·E Co~N'VENTION

"A century that began\\ 1th c:1il-::r-::·. ha\ in ~ v111ually nc rights 1s ending with children ha\ mg th-: mo:)t pu\\ anil legal instrument that not only recognizes but protects the!r 'Hirn:rn r1:..:hts ··

Carol Bellamy l '\ IC EF Exern tiH Directo r

The Conver.uor. or. :.~ e R.::L:1:s ,, :· ::-'.e (<j :11s :iro1s:en ail ,ecords as the most \i..1dely ram:ec !,ur.,ar. r'.ui;ts :~=.:'.'- ::--. ·'. :s:2:-'. '.\ ·:_:·· -; ._- :; .:· 0 :·: · - .:. :cc,:-'. :·'.· ·,- ·) -- ::-:e !r.ternat:onal Year 0:·: ~~ - - -C h : c -- D, ,1 , , c, ;.; : r. g ; ~:: · .. ~ ~ , : ., · , · c: ,: : • : :: C c :-:-'. n s s: c :-. :: :: !-i ~ 'T1 a" RI g ~ts A:·: er the C0nvent1on \\JS ~r.ar:i:,~01.:, .:, Kc;:~~~-. ::·.e ;_ ::,: .::.: \a:: or:s Gc:1c~.1: .-\ssemc i:: on 20 '-.'overr.ber 1989, it -.,Js opened ror s;g:\Jt~rc 0r. ::. :.:- j ..1 r. •.;.:i;-:. ; 0% That CJ\. 6 l countries signed it, a recor d first -day response Onh se, en ~or.t:-.s ;:iter. 0n .: September l 990. the Convention entered int o forc e after :he 20th State ha.: ~2::::e: .: S:nce then -- in jUSt s;x \· ears ... :t ~.~s jec;: ~.:: .~~~ ~: ':' · . . : · ~ ---~:~~ ·\: : ~ :··~c ~\ce;:-,t;or. of 0nly t\VO

I . . . ' ,. . . ts i..:r.tqi..:eness s:e:;is :~ :: :-:'. ::-'.c :.:-:: ::· . .,_: .: :s '.:\e ::~s: .ega11y J1nc1n~ 1nternat1onal :nstrnment :o

incorporate :r. e :u ii ~ange o:· :-. ..; :'.· . ..:" ,:g:ns -- ~:11i dren·s civil and political ngnts as well as thei, economic . socu: .::-ic :: ·~.,~~:i: ~i:l:-'.'. S -: :h. ,:s g1,:ng all ~1ghts equ al emphasis

i~e C2:--.-,.c:--.: ,::--. ~c:3 ·~-.. ~ .. :-:·. -~--- _ \;ct rj .. 2 ;:: :;..e C .: :~ ·. e:-.: . : :-. 2::·::~ ·. , , :-..

in that State -- the higher s:a.ndard _;ha.U :a1}~~a:,1s a_prJ;

States Parties to the Corrven6n'." .he.•,,~ a 'tei;Uli' :mr3 7.?rJr. !:i: ,:,oii.gh"'.!,t?o. to advance the cause of child rights, through administr21.t.ive, 'n~r,fs1'at,ve,~j::r.di:; u--.; ' ,i',~C o..r.l:1.e~-.rnea,sures in implementation of thi / Convention.

A. General Principles B. Substantive Provisions

I .Civil rights and freedoms 2.Family environmem and part :-,u'. :,;:..-. :anct 3 Basic health and welfare of .:baren 4.Education, leisure and recreat ion 5 Special protection measures

a) In situations of armed conflict b) In situations where children are in conflict with the law c) fn sit uations of exploitat ion d) In s1 tua r1ons or ch:: <.! ren be k1r. g11~ :o :i. n11nont:.- or an indigenous gro L.p

C Monitoring lmpleme11tat1on

A. The Convention stipulates the following general principles:

States shaJ; er. s~~e e:ic .:- ~:-: -= :: :~ : . s :· .. : ·:..: ,"'.:s ·., ::.~ . .:- -...: : :scmr.inauon e r c: s:! nc: :cr. s :: :· any kind The cruld's best interest s 5;: .1; ; ::e a ;;r. :·:.10 .:ons1cern ion :n all actio ns concerning duldren whet her undert aken by ;:,1.,;oi,c c~ :::m ate social institut io ns, cou rts, adm1rustrative au thoriti es or legislat1\ e bod:es Eve::_,.· :h ;:d :1 a5 c::-: ::- ,-. e~ e·'.: ~ ~:: : · .: :·e :.~::: S'. :: :es s~:: :i e:-:sure . :o the rr.axirr.um exte r.: r oss1ble. c~ 1i d 51.,; , . :· . . : . :.:-.::: :e ·. e.-:.' ::~ ·. e:-.t Chil dren ha \ e t~e ~: 5~: :c :e :: e :~:

B. The Convention sti pu la tes the folio," i ng substantive provisions:

l. Civil rights and freedoms

Every child has a nght to a name and nationality from bi rth, and States have an obligation to

preserve the child's identity. Children have the right :c: ;·~cedom of exp ression , and the State shail respect the ir ~1ght to freedom of thought . .:: onsc1er.c e :rnd relt g1o n, subject to appropri ate parental gu idance Children also have the right to ieedom ot assoc:a11 on and to be prot ected against

.• treatment or punishment: Both capital punishment and life imprisonment without the possibility of release are prohibited for offences committed by persons below 18 years.

2. Family environment and parental guidance

The Convention stipulates that States must respect the rights and responsibilities of parents and extended family members to provide guidance for children that is appropriate to the child's evolving capacities. The Convention gives parents a joint and primary responsibility for raising their children and stipulates that the State should support them in child-raising.

Children should not be separated from their parents. unless this is deemed to be in the child's best interests by competent authorities and in accordance with applicable laws. Children also have the

'right to maintain contact with both parents if separated from one or both. Children and their parents have the right to leave any country and ro enter their own for purposes of reunion or maintenance of the child-parent relationship Parents are responsible to ensure that children enjoy an adequate standard of living v. hile the State has the duty to ensure that this responsibility can be fulfilled

The Convention obiiges the State to pro\ 1de scec1ai protect:on tor children deprived of a taffilly environment. \\'here applicable, adoption :s to be earned out in the best interests of children and with the authorization of the competent authont1es

The State also has the ob:igat:on :o ~,e,·er.t a~: ~emedy the kidnapping or retention of children abroad by a parent or third par~\, and to prote.:: chiidren from ail forms of abuse and neglect It is the respons1b1lity of the State to ensure -- in cases of children victims of armed conflict, torture, neglect, maltreatment or explo1tat1on -- that they receive appropriate rehabilitative care and treatment to facilitate their recovery and social integration into society. Furthermore, a child placed by the State for reasons of care, protect io n or treatment is entitled to have that placement evalu ated regularlv

3. Basic health and welfare of children

Every child has a nght to life, and States Parties shall ensure to the maximum extent poss:ble the sur.:1va! and :e\ elopmen: of the chiid, and the ngnt to ,he r,1ghest J.t'.:rn1ac ie s:andard of heaith States s;-.a:I ;:: ;ace spec1_a l emphasi s on the rro, 1s1or. or" ;:inr.1ar:,· :i.r.d prevent ive hea ith .:are. cuc li c hea::~ ::~'..:::.::: :-::- , 1.,c --~2.; .: : :: ~ .;:ar.t :r.cr.:i ,: : '-

I I I

deprived of access to effective he--d'i,h :;t'l",ices

Disabled children have the rig'bl to sp.e.c.ia't trt'Ittmet'.!, ·uli:r .• :a'.i }o.n and care. Children also have the right to benefit from social security. Sra:•ei- f ,rif1es !.1':a.li· t ai-·e a.ti appropriate measures to ensure that children of working parents have the righ! 'to 'oenefn from child-care services and facilities for which they are eligible .

States Parties recognize the right of every ,;:bild to a s:andard of living adequate for the child's physical, mental, spiritual, moral and social development

4. Education, leisure and recreation

Children have a right to education, and it is the State's responsibility to ensure that primary education shall be free and compulsory, that discipline in school should respect the child's dignity; and that the aims of education are geared

.. _, .. : .. :: ::_:.··

: ,\' · l':i!f towards developing children's personalities

.< ,;;F'.':'·; ··•""''•{'~~ 1

~::·;:! ea::~:~ir mental and physical abiiit ies :o ti": e

"" I Education should foster respect for parems, cultural identity, ianguage and values and should prepare the child for a responsible life in society. m a sp1nt of understanding, peace, tolerance and friendship among all people Chld,e:7 Jisc fi cn1 :~r~:gnt to en_:oy :eisure, recreat io n and cu ltura l activities

5. Special protection measures

a) In situations of armed conflict

S:ates Par::es s:1al: :ake all feas ibie mea:;ures to ensure that children under 15 years of age take no direct part in hostilities and that no child below I 5 is recruited into the armed forces . In accordance wit h their obligations under 1nternat1onal humanitarian law•- particu lar iy the Geneva Conventions to protect the civilian population in armed conflicts -- States Parties shall take all feasible measures to ensure protection and care of children who are affected 'J\ :,r:nec confl ict

The S:a:e has an 00l1 g.1::c:: :2 e::s~:-e :~.a: ~~ :: : ·. :.:: :~.s .J~,. a~~~~ .:o i:r'.1 cts. tonure. neglect. rr: a~t ;e3.:~e~.: :- :- t, ;<c1 ~3: :: ;---. :-eL::: :·, e .1 ;;p~ :; ;;r:a!e :~eJ. r:-:i ent ~~or :~1e1i ~.:L O'- e;-y J.~c. social reintegrat ,on

fa I

State's obligation to cooperate wi th competent organizations that provide such protection and assistance.

b) In situations where children are in conflict with the law

Regarding the administration of juvenile justice, children who come into conflict with the law have the right to treatment that promotes their di8nity and self-worth, and also takes the child's age into account and aims at his or her reintegration into society.

Children in such cases are entit led to basic guarantees as well as legal or other assistance for their defence and judicial proceedings and institutional placements shall be avoided wherever possible

Any child deprived of iibem sru ;i be :-:ect 3::'.-:~: :':-or.1 ac u; ts 1..; r.iess it 1s in the child 's best 1meresrs not to do so Fur1 hennore, a cr.: i;:; ·., :-'.C :; .:e:2 :'.':e2 s:-'.a i: ~a ... ·e :egal and other ass istance as \ve il as contact with his or her ramii v

c) r n situations of expl oitilti on

Ouidren have th e r:g:i: ;o :;e ~r c: :ec:eo :·, . :~ ec2:1cr.;1c exploitation and from wo rk that :hrea te ns tr.e1r health, education or development States shall set minimum ages for employment r id regulat ing wc rk 1ng conc :t:ons -- par: icu larly :n :,n e \\1 th s:ar. c::~: s 3.:: :·:-:.- ~, :"' e ln te rnat1ona i Laco1..; , O,.;ar. sa:.-.:: - . -· - - ·- . - ·-" \! inimum Age Conver.ti on : s~:; r.-;o 138 )

Chil dren have the righ : to protec: :0 r. :·, ,, --:: ::--:e .:se e r' narcot ic and ;:, sychot ~cc :c :::--.:.; s ., ; ., e · 2; :·- :: - · ::e ::--:,; 1:1 vo ived in t~ e1r ;c roc~c ::::-n e r -::: s:~ :: _: :::--

i ··· t/t.;?>:t b·:: ::;/ :: .,~~

The State shall protect -:h ii ciren fr o;r; se-.;uai expionauon and abuse, including prostitution and involvement in po rn og,3phv P·,e C 2 n ... er. t1o n st1pu lates that It 1s the State's obligation to make e\"e!'""\· erTor. :o :::--e \ t ~"' : ::-'.es,:. ~. ~~} ~: .. ~--: - .:. .:- ..: 2:~ ~..:: :on .J f ~~.1i Cre~

d) In situations of children belonging to a minority or an indigenous · group

Children of minority comrnum6es and rr:td1g·.enc,i:1:s ?[JJJu'1a',10:r,·,: .~rave the right to enjoy their own . culture and to practise their own religi,on and J.a-r:g-u1i16~

C. Monitoring Implementation

The Committee on the Rights of the Child -- composed of IO international experts -- is charged with the task of monitoring the 1molementa t1 on of the Convention Ratifying the Convention obligates States Parties -- as a Rr st s;e~ -- '.O ,e'- ie._.,,. th eir :: at:onai legislation to make sure it is ir. line with the provi sions of !he t,eat,· i:: a-:::1 ,a::~. 1:1g ;ia,:on mL: s, submit a report to the Committee on the Rights of the Child, nvo :, ear5 a~~er ratiricat1o n anci then every five years, on measures 1t has taken to implement the prov1s1 ons of t}': e C 0nvent1on :n a practical way, and the difficulties and constraints faced

4/ BASIC PRINCIPLES OF CHILD RIGHTS

In any effort to put the Convention on the Rights of the Child into practice, including in the context of UNICEF programming, certain fundamental principles need to be kept clearly in mind:

Children's rights are human rights

Children's rights are the same as the rights due to all human beings. Every child is entitled to be treated with full respect for his or her dignity as a person. The Convention on the Rights of the Child does not grant rights for the first time; it recognizes the rights children have already had, implicitly, through such instruments as the Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights . The Convention on the Rights of the Child goes beyond those rights common to all human beings, however, and deals with issues that are specific to children because of their age and status in society.

'.\ on-Discrimination

The rights outlined in the C om·ent1on on the Rights of the Child apply to all children, without exception No distinction can be made in the application of human nghts principles to children The Convention makes specific provision to assure that the rights of disabled children, and children of ethnic, religious or linguistic minorities, or of indigenous ongrn , will be fully respected.

Obligations

States are responsible for takmg action to fulfill the rights set out m human rights conventions . This is made explicit in .Article ..i and is the context for all other articles that require spec ific actions . [n addition, the Convention on the Rights of the Child establishes the responsibility of the family and of the intern2tional community to protect and realise children· s rights .

Lniversality

The rights established by the Con\ ent1on on the Rights of the Child apply equally to all children . This means that e, en small numbers of children ,vhose rights are abused must be ,J f concern It also me;:ins that setting goals for fewer than l 00 per cer.t of children 111 any sm1at1on foils r , rulfill the ng:hts of those children .

Indivisibility and interdependence

All fights - civil, political, economic, social and cultural - are connected and support each other. It is not possible to take one right on its own and expect to fulfill it adequately.

Best interests of the child

The principle of the "best interest of the child" is the essential test for any action taken within the context of the Conve:ition. At every stage of decision-making, policy-setting and acting in ways that will affect children, it is necessary to ask: "Is this in the best interests of children?"

Role of the family

The family (broadly defined) in general, and parents in particular, are the primary duty-holders, care-givers and protectors of children. This principle means that the child cannot be considered or dealt with in isolation from her or his family

Children as the subjects of rights

Children 's opiruons are important and their voices must be heard in discussions concerning the protection, application and defence of their rights . Instead of considering children merely as beneficiaries of services, they must now be treated as partners in the process, consulted and listened to at every stage, in keeping \V!th their evolving capacity to understand the issues and express their views .

\laximum use of resources - putting children first

States Parnes are responsible for 1mplementmg the provisions of the Convention on the Rights of the Child \vith ,vhatever resoL!fces thev have available and, as

~ -

necessary, by using all available resources from international cooperation . This means all resources . and not Just those already allocated to the social sector.

Setting priorities

Although all rights are equally important. and the rights of children are indivisible and interdependent. work to promote and protect child rights must begin / some\',here . States; will need to detennine strategies for implementing the pr0\i s1ons of the Convention on the Rights of the Cluld. They \\ill have to make decisions / about \\·hat to do \\ hen. g1 \ 1ng attent1 ,''1 to the areas where rights are least respecteli or most vulnerable to ..ibuse

Ge neral [nt roduc!1, n 1,i Children ·, R iL:hts

I I I I

5/ STATE PARTY OBLIGATIONS UNDER THE CONVENTION ON TH-r:: RIGHTS OF THE CHILD

AN EXPLICIT COMMITMENT TO ACTION

The Convention on the Rights of the Child, as a binding international treaty, does more than merely set out an idealized view of how states should treat their children and families. Throughout, the Convention requires states to undertake specific actions which would serve to put into practice the principles outlined in the Convention, in order to fulfill the rights of children. When they ratify the Convention, states commit themselves to meet these obligations and thereby bring the Convention to life.

All international human rights treaties require some action on the part of States Parties to give effect to the provisions of those treaties The Convention on the Rights of the Child is quite specific about what needs to be done and how the work should be accomplished.

The commitment to fulfill obligations is set out. in general terms, in Article 4

States Parties shall undatakt! all upprvpnare leg1slauve. adm1msrrat1ve. and other measures fo r 1he 1mplementar1011 of rhe nghrs recogm=ed m the presem Convenuon WHh regard to economu.:. social and culwral nghrs. Srates Pames shall undertake such measures ro tht! maximum extent of their available resources and. 11 hae needed H 11h111 !111! framework of mtanarional co­operauon.

In effect, States Parties are obliged to do 1~hmeva 1s necessary to put the provisions of the · Convention into effect in their own cerntorv \\'hen it comes to matters such as the rights of children to special care if they are disabled. health and education (Articles 23, 24 and 28), States Parties also have a responsibility for helping to implement the Convention in other coun~. if they are engaged in supporting 1nternat1onal co-operation and development programrrt'es

Particular attention must be paid to the condition which is attached to the implementation of the economic, social and cultural nghts recognized in the Convention. The condition that measures to

implement those rights should be undertaken .. to the maximum extent of their available J..

resources· · may seem to allow States Parties to avoid responsibility for such implementation. on the grounds that the government budget has already been fully spent, or is inadequate to provide the necessary services The Committee on the Rights of the Child and experts on the implementation of the Convention generallv agree that this is not what the article intends Rathe r. this article (along with the rest of the Con~·emion) requires States Parties to give priority to actions that \Viii promote J.nd protect the ri~hts of children and to mobilize for this purpose all the resources available through the ent ire society . r.ot 1ust relving on the government's budget

LEG ISL\ Tl\T .\~D OTHER :\IE .\ Sl"R t~S

One 0r' the ,irst 0bl1 g:rn 0r.s ,J n St:i tes P:1 r.: es :s :he ~e LlU1 rer:1er. t :~at le12. islat ion relating to child re:--.

Gener~! ln1mJuLl1<H1 to Children , R1!!ht>

and families be harmonized with the provis1t1te. ,'1f the ConventiOt\ 'Depending on the procedures used in each country and the .consti.t.uti.m•..al ,r.equirements go')"~rnin_g ratification of international treaties, the Conventiun may ~ .r.-.a:, not 'have .the 'fwre l!l.filaw n. 1i :State Party as a direct consequence of ratmc-atoo.~ Whetlh~r or iOOJl lrtlt: ·(:{).m,ertatir{) irnlf ,force of law, however, it is necessary for all national legislsioo -rdlatmg .to diildren ,( ana, 'i.E ,a federal state, legislation at lower levels of government) to be ire ~~ Terned 1uJO 1tlrllll-gl11 into compliance with the Convention's provisions.

Once the law of the land is harmonized ,,~ 'Lhe C~~~1-oo, ][~Sures must 9e put into place to enforce the laws and ensure that child 11gtr.s are re5Ftoe-.d. FCN example, it is not sufficient to pass laws which protect children from e;,.plo1tative 01 hannful work (in accordance with Article 32). The state must also put in place the necessary systems and structures to implement those laws, including an adequate inspection system, wide-spread public information and education about the laws in place, and structures to provide effective sanctions against those who break the law. Legal reform must, therefore, be accompanied by equivalent reforms of the legal system, administrative structure and institutions dealing with the area covered by the law.

The rights recognized in the Convention relate not only to the actions taken by governments with regard to children and families , but also have a direct impact on private agencies and institutions which deal with children. (This is made clear in Article 3, which refers to "all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies·• ) As a result . another important obligation on States Parties for the proper implementation of the Convention is the establishment of standards and norms that will protect the best interests of the child in all situations As with the legal reforms. this must be accompanied by the creat ion of the necessary systems to ensure that the standards and norms are respected and that thev do. in fact, fully protect and promote the rights of children

L'iTER."-A TIO'.'I..\L REPORTl:--'G A~l) THE CO\-L\·IITTEE ON THE RIGHTS OF THE CHILD

The reporting process which is set out in Part II of the Convention on the Rights of the Child const itutes the pnnc1pal means by \,hich States Part ies are held accountable for the fulfillment of their obligations to respect the nghts of children

Every State Party is required to produce an initial report "within two years of the entry into force of the Convention for the State Party concerned" (Article 44) These reports are expected to •

describe in some detail the situation of child rights in relation to the provisions of the Convention at the start of a country 's commitment to fulfilling the Convention. This should provide "baseline data' ' which can be used later for comparison purposes to determine the progress made (if any) towards compliance with the Convention The initial report can also help states, and the international community as a whole. to 1dentifv areas where child rights are particularlv \ ulnerab le t0 abuse. and undert ake special actions to respond to those situations

-\..ier the 1r.1t:ai report has been submmed. States Parties are required to provide further reports at ~i\ e \ ear :ntef"\ als. jetailing the ..:hanges that ha\ e occurred since the previous report To make :he reports as useful as possible . the Come: :ion requires that thev describe not only the positive aspects of ..:hi!d nghts. bu t also ·ind1..:ate fa..::ors and difficulties. if anv, affecting the degree of '.Ultillment of the obligations under :he ,m~se:1t C om·ention · Repom are expected to be as hones:

Gener ,ll InrroJucno n rn Cht!Jrrn ·, Ri!!ht,

and complete as possible

These reports are submitted to the Committee on the Rights of the Child, which was established under the criteria set out in Article 4 3 of the Convention. The Committee consists of "ten experts of high moral standing and recognized competence in the field covered by this Convention". The members of the Committee are elected for renewable four year terms by the States P drties to the Convention. Each Committee member must be a citizen of a State Party, nominated by that State Party, but once elected, members of the Committee serve in their individual capacity, not as representatives of their country or region. The first election of members to the Committee took place in February 1991. Committee terms are staggered, so that half the positions are subject to election every two years.

The Committee considers the official country reports, which will normally have been prepared by government officials, although some countries have involved NGO representatives directly and actively in the process . In other situations, NGO consortia or coalitions may have prepared alternative reports, or commentaries on the official report , which are also considered by the Committee The Committee encourages ~GO panicipation in the reporting process, both to

provide information that may balance or amplify the information in the official reports, and to recognize the imponant role :\GOs have played and continue to play in the promotion and protection of child rights

The Committee is also empowered to ask fo1 information from ·the specialized agencies , the Cnited ~ations Children · s Fund and other competent bodies· to s11pplement and help clarify the information provided in countr,,. reports In e,fect , L :-,'[CEF has a standing invitation to comment on all reports received by the C ommntee This has usually been done by representatives from either Headquaners or the Geneva office, although. in a te\, instances, country representatives have also attended the relevant Committee sessions

\Nhen It completes Its review of the counm ~eport for any State Pany, the Committee issues ··Concluding Observat10ns .. , which comment on the positive factors in the situation of children :n that country. as well as factors and ditficult ies that impede effective implementation of th~ .. Convention The Committee identi ties ·p rincipal sub3ects of concern·, - those areas in whic h t:--,e nghts of children seem espt'ciallv vulnerable - and makes suggestions and recommendations ror actions which the State Pam may take to improve those situations The Committee has established its role as one 0f support and assistance to the States Parties, rather than acting as a tribunal which judges the countries for their actions or inaction [n revie\ving country repor1s. :he Committee seeks not -::onfrontation but a ..:onstructive dialogue

States Par1ies are expected to take the reporting process seriously, and to give it an appropriate level of attention [t is intended to provide States Parties with an opportunity to review their O\Vn performance with regard to the rights of children and the commitments undertaken through the Convention on the Rights ot the Child , and also to enable those States Parties to develop their own plans and proposals fo r improving the situation of child rights in their countries . Since no .::ountr-. in the \, or:d :s :n !ult compiiance wnh the Convention. this mean5 that e\er.· countr. should use the opo~~nunit\ ore'\ iced b, :!1e rep0rn:1g process to sharpen the fo..:us of po lie\ - J:'.C

Jec:sion-makers .ms.: ~' r° ::'.e ::L::-.:s: 1 2e,,er.1: •' !'. ·.::e ~:\l.hts ," r· .:hiidren

.A

PUBLICITY A.'ill LNFOR.i\1A TION

Since there is no international capacity to fo rce States Parties to fulfil their obligations undtf the Convention on the Rights of the Child, the most effective way of holding states to their commitments is perhaps through the applicat ion of public and popular pressure on governments to convince them to act.

Children can only claim their rights - and have adults claim rights on their behalf - if everyone concerned knows what those rights are and understands the commitment their i:ountry has made to respect those rights. Full respect for the rights of children may also require a change in basic attitudes and behaviours towards children at all levels of society, a change which can be accomplished only if everyone is aware of children ' s rights and how to respect those rights The key to this is information

The primary obl igation fo r the dissemination of info rmation about the Convention and its provisions rest with the States Parties In accordance with Article 42, ·'States Parties under1ake to make the principles and provisions of the Convent io n ,videly known. by appropriate and acm ::>

means .. to adult s and chil dren alike

Appropriate means are those" n1c:i ~t:1: :he :1eeds :i.nd ..:apac:t:es ,)r· the intended rec1p1e:1ts ,, r· :~..:: information Thus. :nforrnauon .1bout child ~1~~ts :i.ddressed to child ren must be prepared anci presented in a \1.a1. that makes :t rulh :i.ccess:ble !C the children. whate1.er thei r age or abilit1. :c underst and the ;:mnc1pies being presented This 0bi1gat1ons :s linked to the right of children'. ,' recei1.·e information 1 .-\ rncle ! 3 i T,) the e,:ent that mass :ned1a .:ould and should be in, oh e,: .:· the dissemination or· this :nformat10n to ..:hiidren. vr:.:!e ! - 1s also relevant

Information l'n child rights for :idu ,r:; shoui..:i ')e tailored to meet their needs and interests. -.1. '.:e::·,- ­they are parents ..:hild ..::ire ,,orkers ,,f '-' hate1.er son. lawyers. Judges. police offi cers. teachers he:i.lth \1. orkers ;:, ol 1t1c:uns .::', ;-:7embers Jt :r.e t;ublic :n ge:1eral

States Panies :ue me.1r.t to '.JSe .1..:, 11. e :~;e,rn:; :0 :!e'. :he message .1bout the nghts or children 2 1..:

to as manv people JS possible This :-neans ,har :he, must make an effort. at all levels and in c:1. e:--. \1. ay possible. \1.1thout '.1. ,rnmg :·or -.:h ii drer. •,' r .1du its :o ask about the Convention and the state ) 0bliu.at1ons t~ereur.der

The go\ ernment. as the nuJor represent:!tl'- e ilf the state 1r, this matter. should take the mniar1-. c :n both de1.eloping 1nforrnat:on rnatenais and 1n ensuring that those materials ha,·e the 1.,1dest ooss1ble distribution Ho,, ever, there 1s also an impo r1ant role in thi s activity for other players ;ncluding :\GOs. the media. the pnvat~ sector. professional associations (especially of teacher s social ,, -;rkers and heaith \\ orkers 1 . .1nd ~el I g1ous bodies 1 f e\ eryone is ac tivelv engaged in spreading :::e :nessage .1bc ut :::e C '-'f1\ enu,n .1nd the rignts 1..~ t children. there should be no :;rob!cm :r: c-st.1 ~:1 sh1r.s :he :' .1se ___ , :· ; Ll:' ::-: l \ \ Jrcress :ha: :) ~cccssa.ry : 0 oush :he i;:stitut !'-' --: ~

1..:-.: - .

own record with regard to children and child rights, but the Convention is absolute on this point (which was introduced into the text at the request of NGOs who participated in the drafting process and who were well aware 0f the need to keep governments accountable to their own .a

public for the effect of their actions on children). This ensures that information about the situation of child rights in the country is known to a broad spectrum of people who have an interest in promoting the well-being of children, and it also can be the means of provoking a public discussion about the measures that need to be taken to fulfill the state's obligations to implement the Convention on the Rights of the Child .

? .! ... :: ... .

.. .,

• • . . .., . 6/ THE CONVENTION ON THE RIGHTS OF THE CHILD IN

THE CONTEXT OF THE UN SYSTEM OF HUMAN RIGHTS

The Convention on the Rights of the Child is :t.k rr..,osr 1ec-ent of the major human rights treaties adopted by the United Nations . It can trace a dire-cl line of descent to the Universal Declaration of Human Rights and has close connections ,1/i th both the Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights, all of which are referred to directly in the Preamble to the Convention

Like the Universal Declaration, the Convention combines both main categories of rights - civil and political, and economic, social and cultural - in recognition that these types of rights are indivisible and interdependent, each an equally important part of the integrated life of a human being.

Because it is so comprehensive, and has been vmually universally ratified, the Convention on the Rights of the Child can serve as an effective point or entry for the other Cnited 0iations human rights instruments . Acceptance of the rights set ou; in the Convention must necessarily email acceptance of the equivalent rights set out m the 1wo Covenants and acceptance of the obligations to prevent discrimination found m such instruments as the Convention on the Elil"'1ination of All forms o( Racial Discrimination and !he Convention on the Elimination or· -\ :i forms of Discrimination . .\gain st Women

The Convention is an integral part of the l·nited :---;at1ons system for the promotion and protect1 0;1 of respect for human rights The Committee on the Rights of the Child, which reviews the status of the Convention and its implementation in all States Parties. is served by the Centre for Human Rights in Geneva, which acts as the secretanat for all the Cnited '.\ations human rights treatv - - . .

bodies as well as the Human Right s Commission

The Commmee 0n the Rights 0r the Child repons annuallv to the Human Rights Commiss10n :1;~c: e\·erv two years to the Third Committee or the General . .\ssembly These reports have involved not only a recapitulation of the \vork done by the Committee, but also recommendations for speciric arnon on the part of other organs of the l ".\ system. recommendations which, to date . have been generally well-received and \vhich have resulted in significant actions that have had repercussions not onh fo r the rights of children. but for the rights of everyone These include the study by the Special Rapporteur on the Sale. Trafficking and Sexual Exploitation of Child, conducted under the auspices of the Human Rights Commission, and Gra<;a Machel' s study of the Impact of Armed Conflict on Children. which was undertaken on the basis of a General . .\ssemblv resolution Both \\ ere the direct result of recommendations from the Committee on the Rights of the Child

The repcrcing pro(eju res :·",r ~:,1tes PJ;-::es ,e: ,'u : ;;1 .-\rtic:e -l3 :o -l~ of the Convention engage . \., t"e · 1 noe ,.· .;,e l ·..,i·e; "1· · , .., .. \ .. ,..,, '" v.> ·"·p i; ,., i\. 1 nd "10re ->Vt.>n-i\·el,· ·hand ·, 1 n\· ~, ~, , C en 1 1 • J. =- ,._ , , , , , . l U , , , '- l . '.) ) ::,it t: , . . , i • "- I '- '- ' 1 I I... • , • ---. l i \.,, "\. \.. ~ _ l l) ,1 _ ._ •

:~e '.'re\! OLS l "-. :,Lr.u,1 r;gh!s :~ei'.:c:s P~-''- cus\ ::,e 0r.1-. ~ererence !u ,he mvohement or· ,'th e~ orpns 0f ;he L:\ S\Stem :n :t,e :-.un,;rn ~:=':'.·., ::ro(ess -::1me m :he Co\ enam on Economic . Soc::i: .ind Ciltur:11 Rights '-\ hich . :n -\:-ti( le == e"''.Joiishes :he opuon thJt the Economic and Social C ounc:l :11a, •mng :o '.~e .1:te;1t:'-·n ,r· •: t:,er ,'r 2.1;'.s ,, :" :r.e L· :1.i,ed :\:1t1ons. ,heir subsidiar, 0 r2:1:'. '

I I I I

I

and specialized agencies concerned with furnis~;rng 1-echni:.i:al assistance any matters arising out of • the reports" prepared by State~ ·p..u:.t,ies 'Ju ihe C.N--.t:unt "wh1ch 1nay assist such bodies in •i•

deciding, each within its fieki of compe.t.:eir..::t, (I')n the ,ij..,-,usabifreJ ,~ef :i!itemational measures likely to contribute to the effective ·p.w~~;,,e :trrr.J.11:::m?ant.atirrr afthe µ't':.,ent Covenant" . •

By contrast, the Convention '0n tht: Ri<ghti 0.f :rtR Chil.d Jtrov1C1P.:s the various components of the United Nations system with a clear ·and :)i~:i.r..6~arrl r:dietcr p:kcy: ii~ ~ihe entire monitoring process, as is explained in Article 45 :

The specialized agencies, the Llni-r,.::d.Vcit1tutJ:»· £ h1,l.drer.t ·1 f und, and other United Nations organs shall be entitled !o be rl!pre:.ented.f.lJ the consideration of the implementation of such provmons of the present Convention as fall within the . scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children 's Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementauon of the Conventzon m areas falling within the scope of their respective mandates. The Committee may mvite the specialized agencies, the C.:,wed Satwns Children's Fund and other (Jnited .Vauons organs to submll reports on the 1mpleme111a11011 of the Convention m areasfallmg >+llhm the scope of their acuvit1es.

This is supplemented by a funher prov1s1on that the Committee may ask the various componer.t s of the Cnited :--:ations system to pro\1de tecr.nical advice or assistan:e to a specific counm·. based on the review of that country's repN1

In this way, the en!lfe L·ni ted '\auons S\Stem :s rr;t: ch more direct!\ involved in the promotion and protection of human nghts and in the 1mpiementat1on of the L :,;· s human rights agenda T ~) an extent not previously expressed. the C oment1on on the Rights of the Child draws a clear lmk between the human rights work of the l"'\ S\ stem and the \VO rk done for development and sociai Justice This provides a JUStitication for 1ncorpora11ng human rights concerns into the programmes and policies of all L·nned \·auons ornans ·

•.-- . ..

• FACT SHEET:

RATIFICATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

Articles 4 7 and 48 of the Convention state that a country can become a State Party to it either by ratification or accession. Both of these acts signify an agreement to be legally bound by the tenns of the Convention.

It is not expected that countries adopt all of the legislative and other measures foreseen by the Convention on the Rights of the Child before ratifying or acceding to it, although in some countries the constitutional procedures by which any international treaty is ratified may require some preliminary legislative refonn .

At the same time, a country is expected to be in compliance with the Convention · s obligations within a reasonable time after ratification or accession. The question of how long is '·reasonable .. remains open for discussion and debate . Article 44 of the Convention requires States Parties to report at regular intervals on the measures they have put m place to give effect to child rights Each report is expected to shO\\ progress towards achie\ ement of full compliance with the Convention's provisions

The Convention is not formally bmdmg upon a country that has not ratified It .

:---J"evertheless, its prov1s1ons still carry s1gruficant weight for several reasons

► The Coment1on has an effect on all countries as part of international common law The Com enuon represents an 111temational consensus on child nghts .

► The Com·enuon \\ as adopted unammously by the L >i General Assembly after a long process of negot1at1on , 111 \\ h1ch most of the countries of the world were involved .

► The importance of the C onvent1on as guidance for work \Vith children was emphasized by the \\'orld Surrumt for Children .

► The support of the standards conta111ed 111 the Com·ention by \irtually e\·ery country m tne \\orld through ratification. and the actual 1mplementat1on of the standards b:, counmes that -1re States P:irt1es . \1.ill influence and guide much of the debate on child n\!hts ~:t :he 1ntemat1onal le\ el. \\·1th mevnable consequences for all c0L. :it;-1es

FACT SfIEET

THE IIlSTORY OI T1II \[C\"4.irt~TION ON 'THE 'RiJ:GIJTS :Of 'TH:E rCBJlLD

1924 Declaration of Geneva -- League of N21tirrc1s approves the five­point declarat10n originally developed by the Save the Children Fund International Un.ion

1948 Declaration of Geneva reaffinncd bv the United Nations

Universal Declaration of f-hunall Rights approved by the General Assembly of the Lrnted :\'auons. including special provisions relating to children

1959 Declarat1on of the R1;hts l) f th~ Ch1lJ J.pprowd by the General .-\ssembh

19~9 fntematJonal Year of the Child

Begrnmng of negot1at1011 of the Com ent1on on the Rights of the: Child

I 989 C_\ nwnt1 011 () Il th e Rights (\r' the Child adopted by the General Assernbh

!990 Coment1on on the R1!!.hts of the Child enters into force

! 99 - 19 1 states h,l\ e become pames to the Convention on the Rights of the Child : only nvo countnes are not part of the Convention

PROGRAMME

Wednesday, 17th June, 1998

9:00- 9:30 Welcome: Mr. Nils Kastberg, Director, Office of Emergency Programmes, UNICEF

Introductory Remarks:

• Ms. Carol Bellamy, Executive Director, UNICEF

• Ms. Angela King, Special Adviser to the Secretary General on Gender Issues and the Advancement of Women

• Mr. Sadig Rasheed, Director, Programme Division, UNICEF

• Colonel Francois Dureau, Chief of Staff, Military Adviser's Office Department of Peacekeeping Operations

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9:30 - 10:30 Child Protection and Rights in the Context of Peace-keeping

• The Peacekeepers Perspective: Integrating Child Protection and Rights into Training

t Colonel Peter Leentjes, Chief, Training Section, DPKO

• Experience from the Conflict Zones: Impact on the Children of Tuzla

t Major General H.G.G. Gruener, Former Commanding Officer of Army Operational Command, Denmark.

10:30 - 11 :00 Coffee Break

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• • I •

10:45- 11:30 The Impact of Anned Conflict on Children: A Gender Perspective

11:30 - 12:30

12:30 - 1:00

• Follow Up to the Grac;a Machel Report: The Impact of Armed -Conflict on Children

t Ms. Jennifer Klot, Programme Manager, Study on the Impact of Armed Conflict on Children

• Humanitarian Principles within the UN System: A Gender Perspective

t Ms. Angela Raven-Roberts, Senior Programme Officer, OCHA

A Framework for Cooperation:

• UN/Donor Discussion

Recommendations for Follow-Up Actions

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3:45- 4:00

4:00- 5:00

5:00

Training Peacekeepers: Experiences and Lessons Learned

• Presentations from Training Institutions Discussion

Coffee Break

Experiences and Lessons Learned, continued

End of Day

Thursday, 18th June, 1998

9:00- 10:45 Integration of Child Protection and Rights into Peace-keeping Training: UNICEf's Gender Perspective: The Concepts

• UNICEF's Gender Perspective t Ms. Sherrill Whittington, Gender and Programme

Partnerships Section, Programme Division, UNICEF

• Experience from the Zones of Conflict t Ms. Zohreh Tabatabai, Focal Point for Women,

United Nations

10:45 - 11 :00 Coffee Break

11 :00 - 1 :00 Integration of Child Protection and Rights into Peace-keeping Training: UNICEF's Gender Perspective: The Content

1 :00 - 2:00 Lunch (Lunch will be provided by UNICEF on site)

2:00 - 3:30 Content and Training Approach, continued A Review: What works? What Won't Work? Building on Lessons Learned

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3:30- 3:45 Coffee Break

3:45 - 4:45 Mainstreaming Child Protection and Rights from a Gender Perspective into National, Regional and International Training: Future Cooperation

4:45- 5:00 Close of Workshop

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SUBJECT:

OBJ ET :

United Nations .Nations Unies . ~ INTEROHICE MEMORANDUM MEMORANDUM INTERIEUll

Mr. Bernard Miyet, Under-Secretary-General for Peacekeeping Operations

Mr. Young-Tm Choi, ASG for Office of Planning & Support

DATE :

Lt. Gen. Giulio Fraticelli, Head of Planning Division c:\OFFICIMENDBR\9902020

Department of Peacekeeping Operations

Col. Peter Leentjes, Chief 4/ // Training Unit/DPKO '("? c..- .___ .

OSRSG-CAC - Results of Infonnal Advisozy Group Meetina

1. In developing the task force initiatives to address the support to Mr. Otunnu's office, the Unit has discussed the issues with the lead agency UNICEF and will meet with them on 18 February 1999 to determine how the issue can be best addressed.

2. Specifically, an approach for military and civilian police has been developed and will be reviewed at the meeting. This includes:

a. A rights-based approach similar to that adopted for gender issues. This approach, which links all aspects back to the internationally-accepted legal instruments, ensures that Member States start from existing obligations to prepare their personnel. b. Programs for Military and Civilian Police will then involve the development of guidelines, standards and training material (modules or courses). c. Non-signatories or those that have not certified the instruments would be obliged to meet the United Nations standards when committing military or civilian police.

3. The challenge will be to produce the substantive material. DPKO will not have the capacity internally and will need to coordinate the efforts of donors and experts to provide these products.

4. This approach has recently been used to develop HIV/AIDS training modules. Expertise and financial support were solicited, guidance was provided by DPKO and the modules have been reviewed once and should be delivered shortly.

5. In the interim, some action has been taken:

a. The Train the Trainers course in Turin, Italy already integrates Rights of the Child into the Human Rights portion of the training provided by the OHCHR and is reinforced in the humanitarian portion provided by UNHCR. b. Selection and Training Standards being produced contain a human rights component which includes Rights of the Child as a teaching requirement.

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c. A pilot module on Child Rights was produced by UNICEF/UNSCP and will be ready for trial 'on the next Turin course.

6. I firmly believe that a concerted approach needs to be developed and this will be presented to the task force working meeting.

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FOR ACTION )(_ POUR SUITE A DONNER

FOR APPROVAL POUR APPROBATION

FOR SIGNATURE POUR SIGNATURE

FOR COMMENTS POUR OBSERVATIONS

MAY WE DISCUSS? POURRIONS-NOUS EN PARLER?

YOUR ATTENTION ,J... VOTRE ATTENTION

AS DISCUSSED COMME CONVENU

AS REQUESTED SUITE A VOTRE DEMANDE

NOTE AND RETURN NOTER ET RETOURNER

FOR INFORMATION POUR INFORMATION

FOR YOUR FILES POUR VOTRE DOSSIER

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01/08/99 FRI 22:24 FAX 212 963 0807 OSRSG-CAC / EOSG 001

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NL UNITED NATIONS - NATIONS UNIES

lJPKO OFFICE OF THE SPECIAL REPRESENTATIVE OF THE SECRETARY-GENERAL

FOR CHILDREN AN~ ~~ED CON'l~lJAN I I A 9: 5 I ? I b V J ti .

ADDRESS -ADRESSE: Room S-3161 A, UNITED NATIONS N.Y. 10017 · TEL: (212) 963-3178 FAX: (212) 963-0807

PleHe ses attached list

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FROM: Clara A. Otunnu ,,.. 0~ ----8 J81"1Ullry 1999

• Action by:_~--.,....-----.--..,...,

Info copy to: i't,HA;-t:rc I Ds,N DATE:

SUBJECT: f!§,'11/Jtt.J'd.jrlfi!ml!~~f.mi~rcmVJL!lm:fl1!178..Jr!l...,U~&mldtRlie l'9lurn orlglnals to Central/other:

YOU SHOULD RECEIVE 3 PAGES (including cover sheet)

I wanted to reiterate my appreciation to you end to your colleagues for your active participation in the informal advisory group meeting yesterday; it was very helpful. I thought it would be useful to share with you the understandings reached yesterday.

I. Task Force/Rapporteur format for addressing selected common initiatives

1. As I stressed at the beginning of the meeting, the proposed initiatives are areas of common interest and joint work for the United Nations system. The role of this Office is a catalytic and a convening one. In this regard, the meeting was an important step on the way to initiating practical inteM1gency implementation of initiatives benefiting children affected by armed conflict.

2. Composition of Task Forces. The meeting agreed on addressing selected initiatives from the work plan proposed by the Office of the SRSG-CAC by means of ad hoc inter-agency Task Forces/Rapporteurs and the identification of "lead agencies" to initiate and direct this process. The following Task Forces were identified:

Task Force "Lead agency" Core group

Post-conflict response (including identification UNDP UNICEF. WFP. UNHCR. of pilot cases, monitoring the effectiveness of UNHCHR, OCHA. response, etc.) OSRSG-CAC

Neighbourhood initiatives UNICEF UNHCR, UNDP, UNHCHR, DPA, OCHA, OSRSG-CAC

Building local capacity for advocacy OSRSG-CAC UNICEF. UNHCR. UNDP

Impact of sanctions on children (Iraq) UNICEF/WFP WHO, UNHCHR, OCHA, OSRSG-CAC

Incorporating stendards into UN operations UNICEF (M. Santos-Pais) UNHCR, UNDP, WFP, UNHCHR,DPKO,OCHA, OSRSG-CAC

SecuritV Council follow-up OSRSG-CAC UNICEF, UNl:ICR, UNHCHR. DPA. DPKO, OCHA

Brussels initiative: Lome process UNDP UNICEF, WFP, UNHCR, OSRSG-CAC

3. Partners listed under ucore group,, above are, we feel, most directly concerned by these initiatives, but all partners are encouraged to participate in the consultations.

le le

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TO:

CC:

Ms. Marta Santos-Pais. Director Division of Evaluation. Policy and Planning, UNICEF

Mr. Nils Kastberg, Director Office of Emergency Programmes, UNICEF

Mr. Omar Bakhet, Director Emergency Aesponse Division, UNDP

Mr. Mohamed El Kouhene, Liaison Officer WFP Liaison Office, New York

Mr. Kofi Asomani. Director UNHCR Liaison Office, New York

Mr. Bacre Waly Ndiaye, Director HCHR New York Office

Mr. Martin Griffiths Dsputy to the Under-Secretary-General and Deputy Emergency Relief Coordinator, OCHA

Ms. Michele Griffin, ERO-UNDP Ms. Robyn Groves, UNHCR-NY Ms. Elsa Stamatopoulou, HCHR-NY Ms. Nina Lahoud, DPKO Ms. Allegra Baiocchi, OCHA

Mr. D. Chikvaidze Mr. M. Khane Ms. R. Owada Mrs. J . Brismar Skoog Mrs. R. R·ejtman Bennett

FAXITEL.

824-6490/824-6738

5-7037/5-7163

4-5379/4-5193

3-8019/3-1205

3-007 4/3-6200

3-4097 /3-5930

3-9489/3-2740

Fax: 3-9222 Fax: 3-3115

l4]003

3

I TO: A:

FROM:

DE:

UNITED NATIONS NATIONS UNIES !'Ip ~( riJ p ;,r I; u r, ,_ n --

Members of the Senior Management Group

Elisabeth Lindenmayer ~ ~ Secretary, Senior Manageme;'broup

DATE: 30 March 1999

SUBJECT: Meetin1: of the SMG on 31 March

Please find attached a background note for the discussion on the Convention on the Rights of the Child.

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Info copy to: ti~ :'J.C., · • Please return or,gin~ls to~tf{:r.s:J

30-MAR-99 MAR 15 :36 ONU

NATIONS UNIES OFFICE DO

No FAX 022 917 03 01

UNITED NATIONS OFFICE OF THE

P.

HAUT COMMISSAIRE AUX DROITS DE L'HOMME HIGH COMMISSIONER FOR HUMAN RIGHTS

TiMtu: n1~11r.>.nvn<:s: Tcf~x: Telephone: Internet &-11ull :

A/ To:

(41-22)-917 9012 UNATIONS. GENEVE 4129Ci2 (◄ t-22)-917 92 39 www.unhchr.ch $•<n-Jichr@unoi:.ch

Elisabeth Lindenmayer Special Assistant to the Secretary-General

FACSIMILE

De/ From:

Mary Robinson

J\3.]3.j ~ <lt:li N!1.ti1)u~

C':r!-1211 C'iENEVE 10

High Commisioner for Human Rights

Fax N°: 001 212 963 3~11 or 21~~ Fax N°: (41-22) 917 9012 Tel N°: (41-22) 917 9239

Date: 30 March 1999 No,nbro de P"}•(•) • (.v co,npti.A I& prcacmc) : Nwnber o p~ge(i) . (this one included) :

Objet: Background Note for the SMG - 31 March 1999 Subject:

Dear Elisabeth,

Attached please find my contribution to the 10th Anniversary of the Convention on the Rights of the Child which will be discussed tomorrow for distribution .

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Best regards,

Jl~--Mary Rohlnson

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Senior Management Group (31 March 1999)

Background Note on the Tenth Anniversary of the Convention on the rughts of the Child,

in support of note from UNICEF, from the Office of the High Commissioner for Human Rights

P. 2

1. Over the course of this year, the international community will be commemorating the 10th

anniversary of the Convention on the Rights of the Child. The Convention is the most widely ratified human rights treaty. It is based on three fundamental principles; the indivisibility of all human rights (it protects the whole range of human rights, civil, cultural, economic, political and social), the best interests of the child and the participation of the child. The Convention has remained largely outside political and ideological confrontations and the work of the Committee on the Rights of the Chil_d has shown that the Convention has a leverage effect in that a small effort applied internationally has a significant multiplier impact on the national level.

2. The enjoyment by children of the rights to life, food, health, education, housing, freedom ·from physical abuse and debilitating injuries, and the right to a family life are denied or under serious threat in all parts of the world. Children are the first victims of economic crisis and the ensuing social dislocation and frequent violence. Children make up a significant percentage of the poor in developed and developing countries alike.

3. International legal norms set out in the Convention on the Rights of the Child provide high standards for the rights of the child and those standards protect, in theory, the children in all countries of the world, save two. The Committee on the Rights of the Child, mandated to supervise respect for the Convention's norms, has developed innovative working methods and procedures. The activities of many other organs of the international system have a direct impact on the rights of the child. Tragically, the contrast between how children actually live and the high international standards and commitment of international organs to child rights is stark. Closing this gap requires action at the national level, but that action can be encouraged, guided and supported by international action.

4. The Tenth Anniversary represents an important opportunity to review the achievements and remaining challenges to guaranteeing the rights of all children. It will be important to engage each organ of the international community in this process ofreflection. As a result of the review it is hoped that at the end of 1999 a more explicit commitment by Governments, United Nations bodies and other international organs to the protection of child rights would have been achieved. Further, an overall mission objective could be designed and the interrelationship between the various programmes made clearer. New areas for action could be identified and it should also be possible to identify improved methods of work and strengthen relations with the national level, including with civil society. Finally, methods of measuring progress could be designed. ·

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5. A number of events have been decided upon or are being planned throughout the year which would assist in achieving these objectives. Close cooperation is being maintained with UNICEF and other partners, including Non-Governmental Organizations. The members of the Senior Management Group might wish to make suggestions for activities or undertake activities within their respective areas. OHCHR would be available to provide any assistance desired.

6. The Commission on Human Rights at its current session has scheduled for 14 April 1999 a special dialogue to consider economic and social rights of children and the impact of marginalisation and exclusion on those rights. In addition, the Chairperson of the Commission, has expressed the intention of focussing the debate under other items of the agenda on the rights of the child in order to develop an overall and coherent view of how tl1e Commission might improve its protection of the rights of the child. Subsidiary organs of the Commission, such as the Sub-Commission on Prevention of Discrimination and Protection of Minorities and its Working Group on Contemporary Forms of Slavery will also be invited to consider how to strengthen their contribution to protecting the rights of the child.

7. Recent studies have shown that macroeconomic policies and national and international decisions in that domain can significantly affect the enjoyment by children of their rights. Different national policies within the same resource framework can have markedly different impacts on children. It has thus been proposed. that in connection with the High Level Segment of the Economic and Social Council (July 1999) the leadership of the relevant specialized agencies, and the intemational economic, financial and development institutions be invited to consider the rights of the child and economic policy, including the impact of poverty elimination programmes. The coming ECOSOC session would also afford an opportunity for the Executive Secretaries of the Regional Economic Commissions to consider economic processes which affect the rights of the child.

8. The Committee on the Rights of the Child has decided to organize together with the High Commissioner a two day workshop during its 22nd session in September 1999 to assess the impact of the Convention after ten years and to consider how to improve the impact of its activities on the enjoyment by children of their rights. Preparations arc already underway for this workshop which will be central to the reflections of this year.

9. Because of the importance of national action, a special meeting of national human rights institutions and child rights ombudspersons is planned for September 1999 in the Philippines to consider how those types of institutions can best act to protect the rights of the child. The rights of the child focus will also be introduced in a workshop of national institutions on the enjoyment of economic, social and cultural rights to be held in Geneva in April 1999.

10. In New York and Geneva, special activities and ceremonies will be organized in connection with the anniversary on or around 20 November 1999. The organization, ATD Quart Monde, plans to organize in Geneva during the week leading up to 20 November 1999 a fonun of children from poor families from various parts of the world which will discuss the Convention from their point of view. The results will be presented to OHCHR and UNICEF.

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11. A basic principle of the Convention is the participation of children and a project is being prepared to involve children in the tenth anniversary activities in order to better understanding the Convention from their point of view. The object will be to ask children "what does the convention mean for you?', "what is your life like when compared to the Convention?" Networks of schools and internet sites will be used to stimulate interest in the Convention and collect the opinions of children. In addition, the publication of the legislative history of the Convention on the Rights of the Child is foreseen as is the preparation of a special child-friendly website.

Geneva, 30 March 1999

30 / 03 '99 TUE 09: 38 [TX/RX NO 8412 l l4J 004

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TO: A:

NATIONS UNIES UNITED NATIONS -

INTEROFFICE MEMORANDUM

Members of the Senior Management Group DATE: 26 March 1999

THROUGH: S/C DE:

FROM: Elisabeth Lindenmayer, Secretary Senior Management Group DE:

SUBJECT: Meeting of the SMG on 31 March

. The meeting of the SM G on 31 March will discuss:

1. The UN's Relations with the Media (Mr. Hogen, Mr. Tharoor);

2. Preparations for ACC (Mr. Civili) (postponed from 24 March)

3. Tenth Anniversary of the Convention on the Rights of the Child (Ms. Bellamy)

Background papers on these items are attached .

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Note to the SMG

DISCUSSIONS ON UN RELATIONS WITH THE MEDIA

1. The Secretary-General intends to issue the attached "Media Guidelines" to all Heads of Department and other senior officials in the United Nations Secretariat. He would welcome the SMG's comments on the document before it is issued.

2. · The Secretary-General also hopes that these Guidelines will serve as the springboard for a brief discussion in the SMG on the overall question of United Nations relations with the media, going beyond the Secretariat itself. The discussion could usefully touch on the following questions (though this is an indicative list, not an exhaustive one):

► Is the "culture of communications" and the required spirit of openness to the mass media prevalent enough in the United Nations?

~ What needs to be changed in our relations with the media? Are there issues that the Guidelines do not satisfactorily address?

► Are the "Guidance for Speakers" notes circulated by the DSG useful? If so, how can one explain the reluctance of Departments to update them despite repeated requests?

► ls there room for improvement in the arrangements for co-ordination and co­operation amongst SMG members in this area?

~~- -Shashi Tharoor 26 March 1999

... UNITED NATIONS SECRETARIAT RELATIONS WITH THE MEDIA

·The Policy

1. The United Nations must be open and transparent in its dealings with the press. It is in our interest to work with the media quickly and honestly, and to develop a coherent communications strategy based on those same principles. We should not only react to events but, where appropriate, project our point of view on important international developments. However, we must sometimes keep confidences--not to mislead or conceal, but to protect a diplomatic process. Our media policy must therefore balance the need to be open and the need to respect confidentiality.

Speaking to the press

2. The principal voice of the Organization is the Secretary-General. He speaks to the media frequently, at Headquarters and when travelling.

3. Media .policy is an integral component of the broader communications and public infonnation work of the Organization, headed by the Under-Secretary-General for Communications and Public Information. The Director of Communications in the Office of the Secretary-General is responsible for coordinating the development of a communications strategy for the United Nations to ensure a coherent approach to the world's media that would help project a consistent message for the Organization.

4. The Secretary-General's Spokesman and his office speak to journalists on the Secretary­General's behalf throughout the day. DPI professionals, including Directors of UN Information Centres, also interact regularly with the media. As these media professionals cannot be experts · in all subjects, they seek the assistance of UN specialists -- either to provide them with information that they can pass on to the press or to speak directly to the journalists themselves.

5. As a matter of principle, every member of the Secretariat may speak to the press, within certain limits:

-- speak only within your area of competence and responsibility; -~ provide facts, not opinions or comment; --- leave sensitive issues to officials who are specifically authorized

to speak on them (see paragraph 6 below).

Sensitive issues

6. The number of officials speaking on sensitive issues must necessarily be limited to:

-- the Spokesman, on the basis of guidance; -- designated members of the Secretary-General's staff and Heads of Department, within their areas of competence; -- staff authorized by their Heads of Department, on the basis of guidance.

2

7. Those authorized to speak on sensitive issues may wish to check with the Director of Communications or the Spokesman before speaking to a journalist in order to be briefed about the journalist's particular interest In the story.

8. No staff member should presume or pretend to speak for the Secretary­General or characterize his views without his explicit consent.

Sharing information

9. For the United Nations to communicate effectively with the outside world, it must do the same internally. Senior officials should share information with those under their supervision and should keep each other informed of their media activities.

10. Officials who speak to journalists directly should inform the Spokesman's Office afterward so that office has a sense of the questions asked and answers given.

11On the r~cord'', 11not for attribution" and 110n deep background" . 11. All UN officials should normally speak to journalists on the record -- that is, for

attribution. Sometimes, though, officials specifically authorized to address sensitive issues can give a journalist a deeper understanding of an issue by speaking on background. Such officials are urged to establish clearly at the outset of their conversation the basis on which they are speaking:

--"everything I say can be attributed to me by name" (on the record), or --"don't attribute this to me by name, but rather to a UN official"

( on background, not for attribution), or --"use my ideas but not my words; don't attribute to anyone"

( deep background).

12. The Secretary-General's Spokesman must be kept informed of background briefings and interviews.

Ground rules

13. Journalists compete with each other. Do not betray a confidence by telling one journalist what another is working on. Similarly, do not suggest that one journalist discuss a pending story with another.

14. Do not feel you have to answer every question. Do not feel obliged to answer hypothetical questions.

New York, 31 March 1999

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Note for the Senior Management Group

1999 Spring session of ACC and ACC Retreat ( 9-10 April)

1. The next ACC session will take place at WMO headquarte1·s in Geneva on Friday, 9 April. It will be immediately followed by an ACC "retreat" that will be held at the Hotel/Conference Centre Le Mirador at Mont Pelerin near Vevey (3/4 hour drive from Geneva). The retreat will begin with a dinner on 9 April hosted by the President of the Swiss Federation and will conclude in the evening of 10 April.

2. All Executive Heads, with the possible exception of Mr. Wolfensohn, will attend the ACC session. All participants at the session, with the exception of the Secretary General of ICAO, will attend the retreat.

3. In his 5 March letter to ACC Executive Heads, the Secretary General proposed that, rather than working on the basis of an itemized agenda, ACC should organize its work dming this year around a central overarching theme: the new demands placed on national and international systems by the new global environment which is emerging on the eve of the twenty-first century. The Secretary-General added that "this process of reflec_tion and the results of our discussions will be of great value in formulating my report fo the Millennium Assembly. I hope it will also be helpful to all members of the ACC in guiding the various Year 2000 special events planned in many of the agencies towards mutually reinforcing outcomes". This approach has generally been welcomed be Executive Heads.

4. The ACC session will begin, as in the past, with a private meeting to review in the above perspective recent developments in the political, socio-economic and financial areas. In addition to opening remarks by the Secretary-General, focussing on current political developments, there will be lead interventions by Mr. Camdessus and Mr. Ruggiero on economic and financial developments, and by Mrs. Brundtland on health policy. These should help set the tone not only for the exchange at the private meeting, but also for some of the ensuing discussions at the formal session and the retreat. At the end of the private meeting, Mr. Idris (WIPO) will be given the floor to present his new proposal on the reform of ACC (which has been the subject of a recent communication he has addressed to the Secretary-General and copied to all members of ACC) and there will be an opportunity for some initial reactions. The issue will then be pursued, as required, at the Fall session of ACC.

5. The ACC session itself will focus on UN system's interactions with the private sector. The Secretary-General has indicated that he would like to focus under this item on the proposal for a "compact" with the private sector he has presented in his address in Davos last January. The annotations to the ACC annotated agenda prepared by the Organizational Committee highlight the critical role played by the private sector in a globalizing economy, and place the discussion on this item in the context of the challenges the United Nations system faces in helping manage the opportunities and risks of globalization and give it a human face. There appears to be wide appreciation within the system for the approaches outlined in the Secretary-General's Davos address, which ·. are seen as providing a common conceptual basis for building a long-term partnership with the private sector to advance core values and standards and promote sustainable development. The annotations to the ACC agenda raise a number of questions around which the ACC discussions might be structured.

6. The Agenda for the session includes an information note on the follow-up to previous ACC decisions. The main aspects of the note which may give raise to questions, or on which United Nations participants may find it desirable to intervene, appear to be: the Strategic Framework process (the Deputy Secretary-General may wish to refer to the follow-up being given to the proposal to apply the approach next to Sierra Leone); the Environment Management Group (Mr. Toepfer may wish to indicate how he will pursue consultations with ACC members on the methods of work of the Group, in the light of the views expressed in the Inter-Agency Committee on Sustainable Development); and staff security.

7. At the end of the session the Executive Director of UNAIDS will provide a briefing on intemational efforts to combat HIV/AIDS, focussing on the economic and social consequences in Africa.

· 8. At the retreat, the main objective would be to work towards a shared definition of the main challenges ahead for the system in the next ten years, identifying a few key priority objectives together with proposals for system-wide actions to address them, which should emerge from an assessment of the main strengths and weaknesses of the United Nations system in relation to the priority objectives that would have been identified.

9. The retreat format combines small working groups to maximize individual participation and plenary discussions where overall consensus positions can be forged. The plenary sessions will be chaired by the Secretary-General and facilitated by Mr. Ruggie.

10. The annotated agenda for the ACC session and a note on the organization of the retreat are currently being finalized.

11. In exchanging views on the most desirable outcome of the above meetings, the SMG may wish to consider, among others, the following questions:

How to utilize the ACC discussions on interactions with the private sector to expand support for the "global compact" presented in the Secretary-General's Davos address, without risking to unduly dilute the approaches outlined in the address; How to maximize the substantive contribution of the retreat to the process of preparation of the Secretary-General's report to the Millennium Assembly; and How best to respond to the continuing call from delegations for greater "transparency" in the work of ACC, particularly in relation to a session and a retreat which are intended to be part of a process of long-term reflection, rather than focussing on specific programme sectors.

Patrizio Civili Secretary ACC 26 March 1999

United Nations

ACC RETREAT

April 9 -10 Mont-Pelerin, Switzerland

DRAFT AGENDA

(24 March, 1999)

2:41 PM

United Nations

ACC Retreat April 9-10

Mont-Pelerin, Switzerland

Overall Theme

The General Assembly has accepted the Secretary-General's proposal to designate the 55th GA Session as "The Millennium Assembly", and to include in it a "Millennium $ummit" of heads of state and government.

. As his contribution to the Millennium deliberations, the Secretary-General will prepare a major report addressing key challenges the United Nations will face in the decade ahead, together with proposals for how we can respond effectively to those challenges.

At its retreat, the ACC is invited to join the Secretary-General in a brainstorming exercise to illuminate these issues from the perspective of the

. Executive Heads of the United Nations family.

Format

The retreat's format combines small working groups, which maximize the opportunities for individual participation, and plenary discussions, in which overall consensus positions can be forged . The plenary sessions· are chaired by the Secretary-General and facilitated by Professor John Ruggie, his Special Advisor for Strategic Planning.

2

Meeting Flow

Identifying Challenges & Obiectives

• What are the key challenges facing the United Nations system over the course of the next decade?

• What 4-5 core objectives should we pursue as a system to respond to those challenges?

Assessing Strengths and Weaknesses

• What are the main strengths and weaknesses of the UN system in relation to the objectives we identified?

e How can we build on our strengths and overcome the weaknesses -- by means of which new program initiatives, partnerships and methods of work?

3

I ·• I

United Nations

ACC Retreat April 9-10

Friday, April 9

19.00 Arrive at La Mirador, Mont-Pelerin

20.00 Dinner, hosted by Her Excellency, Mme Ruth Dreifuss, President of the Swiss Confederation

21 :30 Welcoming remarks by the Secretary-General

Saturday, April 10

08:00 Breakfast

09.00 Overall Retreat Goals: The Secretary-General Agenda and Flow: John Ruggie

Session #1: Challenges and Objectives

09.15

09.30

11.00

11.15

11 :45

12.45

13.00

Introduction to Session: The Secretary-General

Working Groups

Break

Identify challenges facing the UN System over the next decade; Prioritize 4-5 core objectives for the system over the same period

Working Groups Report to Plenary

Plenary Discussion: Challenges and Objectives

· Summary Remarks by Secretary-General

Lunch

4

Session #2: Assessing Strengths and Weaknesses

14:45

15.00

16:30

16:45

. 17:15

18:15

18:30

19:30

Introduction to Session: The Secretary-General

Working Groups

Break

Assess main strengths and weaknesses of UN system in relation to identified objectives. Recommend how to build on strengths and overcome weaknesses

Working Groups Report to Plenary

Plenary discussion: Institutional Assessmen.t

Summary remarks by Secretary-General

Adjourn

Dinner + Closing Remarks: The Secretary-General

5

unicefO United Nations Children's Fund Fonds des Nations Unics pour l'enfancc Fondo de las Naciones Unidas para la Infancia

Dear Ms. Lindenmayer,

Office ol the Executive Director

t._;:-;fCEF House-· 3 United Nations Plaza ~c-w York. New York 10017 (212) 326-7035 Telex: 49620199/ Fax : (212) 326-7758

25 March 1999

Attached please find the background paper for the discussion on "The Tenth A1miversary of the Convention on the Rights of the Child" planned for the Senior Management Group on 31 March. I have provided it in both hard copy and on diskette in Word format.

Ms. E. Lindenmayer Special Assistant to the Secretary-General Executive Office of the Secretary-General United Nations

Ado Vaher Director, Office of United Nations

Affairs and External Relations

.. •

Background Note for the SMG

Anniversary of the Convention on the Rights of the Child

On November 20 1999, the international community commemorates the 1 Qth anniversary of the adoption of the Convention on the Rights of the Child. This anniversary provides a special opportunity to assess progress in the ratification and implementation of the Convention and will be an occasion on which the UN system, governments and civil society will be invited to reaffirm their commitment to achieving the universal realisation of the rights of the child.

Meaning of this anniversary

. The anniversary of the Convention on the Rights of the Child provides a special opportunity

• to create renewed international momentum around children's rights;

• to reaffirm that children's rights are human rights ;

• to enhance awareness and understanding on the rights of the child, to be encouraged by achievements made, and to acknowledge major areas of concern;

• to begin mobilising global leadership for the development of a new global agenda for children with which to start the new century.

Background

• The Convention on the Rights of the Child (CRC) was adopted by the General Assembly on 20 of November of 1989, ten years after the International Year of the Child, and on the 30th anniversary of the adoption of the Declaration on the Rights of the Child.

• · The Convention emerged from a long drafting process that ,ms marked by the active collaboration of governments, UN agencies and NGOs. Countries from various regions of the world were represented and enriched the process with perspectives from their national traditions and cultural values, as well as solutions from different legal systems. UN agencies shared their technical expertise and operational experience and promoted the adoption of viable solutions capable of furthering respect for children's rights and preventing their abuse and exploitation. The active involvement of NGOs led to the inclusion of innovative aspects, including the emphasis on the role of advocacy and awareness-raising in the promotion of children's rights.

• The adoption of the Convention coincided with the end of the Cold War and is a symbol of renewed hope for ethical and political convergence. This convergence is symbolised by the holistic manner in which the Convention addresses the human rights of children and avoids the categorisation of rights that, in previous decades, had opposed civil and political rights, on the one hand, and economic, social and cultural rights on the other.

• The Convention has built a strong consensus and wide alliance around the promotion and protection of children's rights. This helps explain the short period of time (9 months) in which the Convention entered into force, as well as the fact that it is today the most widely ratified human rights treaty in the history of the United Nations (191 States have ratified or acceded to the Convention, only two nations have not: Somalia and the US).

What is special about the Convention on the Rights of the Child?

• The Convention is an illustration of the universality of human rights. First, because of its almost universal ratification. Second, because it has paved the way for a process of international scrutiny and for a dialogue on human rights across regions, including countries that had never before adhered to a human rights treaty. Third, because it has been adopted as a guiding reference even by non-State entities. Fourth, the Convention has provided a framework to guide UN agencies and other international and national organizations, fostering the convergence and synergy of activities.

• The Convention envisages the child as a person with rights, who requires protection and care, but who 4as also the potential of enriching others' views, of influencing decisions, of experiencing citizenship and of promoting social progress. The Convention provides a base for the view that investing in the full development of the child, and promoting an on-going process of learning and empowerment is critical to achieve informed participation, social progress and poverty eradication.

• The Convention calls for steady progress in the situation of the individual child. Hence, while promoting the improvement of the situation of children as

- a group, the Convention challenges us to go beyond good averages or high rates of general progress; to pay attention to the unreached, to those children who remain invisible and silently vulnerable; to identify geographical, social and economic disparities, use disagregated data by gender, age, ethnic or national origin - in brief, to prevent discrimination and foster social inclusion.

• The Convention has promoted a unique process of social change. It is a reference for the international community, such as in the process of follow-up to major Conferences and, in particular, to the World Summit for Children. It has, in addition, transformed national and sub-national plans of action, leading

..

to a process of law reform, sometimes through the inclusion of children's rights in the Constitution. National institutions for children's rights have been set up, including independent Ombuds-type offices. A system of child-impact assessment is being promoted. National commitment and capacity for data collection on children are being enhanced and increasingly used to inform policy-making and planning. Awareness campaigns, education and information activities promote behavior change and the sense of accountability for children's rights is clearly growing.

• The Convention fosters a system of solidarity and international cooperation to achieve the promotion and protection of children's rights. The Convention reaffirms the accountability of States for the realisation of children's rights, guided by the best interests of the child and giving priority to children in the allocation of resources. It further recalls the responsibility of the international community to support national efforts, through bilateral and multilateral cooperation. In this regard, the Convention puts particular emphasis on the role of the UN system in promoting children's rights and represented a landmark in fostering the convergence of programmes of cobperation within a common human rights framework.

• The Convention is a tool to promote the mainstreaming of human rights in development cooperation. Having been ratified by virtually all countries and, in the spirit of the Vienna Conference on Human Rights, constituting a priority for UN system-wide action, the Convention could play a central role in the UNDAF/CCA implementation process and in development cooperation strategies of several donor countries, including Sweden, Norway, Canada and the UK.

• The Committee on the Rights of the Child is a defender of children's rights and a catalyst for the improvement of the situation of children. With i1movative methods of work, the Committee has promoted country visits to States parties, the involvement of NGOs and the formation of national and regional NGO coalitions. Discussions on themes of major relevance for children have stimulated international follow-up action, such as the Machel Study on Children in Armed Conflict, proposed hy the Committee in 1992.

UN Events planned for the 10th anniversary of the CRC (as of 24 March 1999)

• Commission on Human Rights - Special Dialogue on the rights of the child -organised by the Office of the High Commissioner for Human Rights with the support of UNICEF (14 April, Geneva)

• Panel on the rights of the child and UN programmes (leading up to ECO SOC) - organised with the support of UNICEF (May/June)

• ECOSOC - Panel to commemorate the anniversary of the Convention 'on the rights of the child (8 July, Geneva) - supported by the Office of the High Commissioner and UNICEF

• Anniversary of the Convention on the Rights of the Child, Achievements and Challenges (30 September, 1 October) - organised by the Committee on the Rights of the Child, the Office of the High Commissioner on Human Rights and UNICEF

• Anniversary of the Convention on the Rights of the Child - event with children organised with ATD Fourth World, the Office of the High Commissioner on Human Rights and UNICEF (20 November, Geneva)

How can the anniversary of the CRC accelerate progress for children's rights?

The anniversary of the Convention on the Rights of the Child is an opportunity to:

• Promote a debate on the role of the UN in the promotion and operationalisation of children's rights - in particular during the UN events planned for the year (consideration could be given to a presentation of consolidated major conclusions in a special panel held in the context of the GA, around November 20)

• promote the mainstreaming of children's rights in UN core activities (peace and security, economic and social affairs, development cooperation, humanitarian affairs and human rights)

• call for the implementation of children's rights as a focus for consideration in the review processes of major UN Conferences

• mobilise and intensify efforts to achieve the goals of the World Summit for Children

• support the process of preparation of the Special Session of the General ft Assembly and the additional public event in the Year 2001 and promote the development of a new agenda for children

• support the effective implementation of the Convention on the Rights of the Child at the national level, including through the UNDAF/CCA process

• increase support to the Committee on the Rights of the Child, including through the Plan of Action of the High Commissioner for Human Rights

• enhance partnerships between the Committee and of1er relevant actors in the cause of children's rights, in particular the Special Rapporteur on the Sale of Children, Child Prostitution and Pornography, the Special Representative of the Secretary General on Children and Armed Conflict, the Office of the High Commissioner for Human Rights and UNICEF.

F- · Lotte L:,icht To : Mr. Bernard MIYET Date: 24/02/99 Time: 19:53:42 Page9of10 .;

To:

Fropi: Date:

Re:

Ambassador Herve Ladsous Deputy Head of Mission, Elisabeth Barbier Lotte Leicht, Brussels Director, Human Rights Watch Brussels, February 15, 1999

Child Soldiers

Dea Mr. Ladsous and Ms. Barbier,

This is to briefly follow-up on our discussion about child soldiers and the possibilities within the OSCE. In October 98, when Bernard Miyet announced the new UN policy regarding age limits for UN peacekeepers ( 18 as minimum, but preferably no younger than 21 and minimum 25 for civilian police and military observers) he went on to say that the UN policy should serve "as an example for police and military forces worldwide." I believe that it is critically important that the OSCE as an organization takes this UN policy to heart and ensures that it serves also as an example for OSCE personnel with similar functions.

It is important that the OSCE recognizes that preventing the recruitment of children into armed forces is as important as demobilization. Any OSCE work with regard to early warning needs to be aware of the mobilization of children as well as well as some of the chief courses of the conflicts themselves : poverty, discrimination, displacement, ethnic and other marginalisation, breakdown of rule of law etc. OSCE reporting from regions and countries of potential conflict will need to include information about mobilization of children into armed forces --governmental as well as rebel forces-- as well as factors which exagerbate such problems surounding mobilization of children.

W ith regard to OSCE mediation initiatives as well as concrete po__st conflict work, the OSCE must ensure that it has good data about child soldiers and include concrete demobilization programs in its work. This should be done in close consultation with UNlCEF and other actors involved in such field work. The OSCE will need to pay due attention to the very special needs of children to ensure that they not be re-mobilized.

To sum up our discussion I believe the OSCE must: 1) recognize the problem of child soldiers ( during the Review Conference and Summit we need individual OSCE member states press strongly for an international standard that raises the age of recruitment to 18); 2) agree that the OSCE will serve as a mo~el with regard to age limits for its own field personnel (see UN policy); 3) agree that the question of child soldiers and mobilization of children into armed forces (government and rebel) be included in all OSCE reporting; ·

Cf

Frt Lott,, I ei .:ht To: Mr. Bernard MIYET Date: 24/02/99 Time : 19:53 :42 Page 10 of 10

"

l

4) ensure that the question of ehild soldiers and their demobilization will be an integral part of all OSCE mediatjon and post-conflict efforts an thus of all agreements concluded between individual countries and the OSCE in this regard. 5) work with other inter-governmental and non-governmental organizations to ensure that the above commitments be implemented.

We need strong governments such as France and Canada to ensure that the OSCE finally engages in a long overdue debate about child soldiers and establishes appropriate standards and working habits for the organization to counter the unacceptable abrogation of child right which the use of child soldiers constitutes.

I would very much appreciate your ideas on this question and another opportunity to discuss with you possible steps we can take within the OSCE in 99, the year of the 10th anniversary of the Convention on the Rights of the Child.

Kind regards,

Lotte Leicht

PS : FYI, I enclose a Q&A and copies of various clippings which you might find useful.

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WHCLONDON ii 01719766478 02/18/99 18: 15 [5l :01/02

UNITED NATIONS NATIONS UNIES

UNITED NATIONS lNI--ORMATlON CENTRE

Tel: 0171 630-1981 Fiu:.: 0171 976-6478 info@unidondon.org OUTGOING FACSIMILE

Millbank. Tower (21 st Floor) 21-24 Millbank London SWIP 4QH United Kingdom

TO: TI1c Deputy Secretary-General (S-3862A) Mr James Gustave Speth, Administrator, UNDP (DCl-2128) Mr. Iqbal Riza, Chef de Cabinet, EOSG (S-3800E) Ms . Carol Beltamy, Executive Director, UNICEF (H-1380) Dr. Nafis Sadik, Executive Director, UNFPA (DN-1901) Mr. Kensaku Hogen, USG/OCPI (S-1027A)

... -->--, Mr. Bernard Miyet, USG/DPKO (S-3727B) - Z. I "L 1 C. ~ 41f'I-"1..-Z. 7 Sir Kieran Prendergast, USG/DPA (S-3770A) A~ •

Mr. Hans Corell, USG/OLA (S-3427 A) ' Mr. Ralph Zacklin (ASG/OLA (S-3427B) /tJf~ N ,'kl/4_ t..~kJ

(J,,1C., · Mr. Hedi Annabi, ASG/DPKO (S-3720A) ---• ---------~ Mr. Alvaro de Soto, ASG/DPA (S-3527 A)

,vJ I .J J Mr. lbrahima Fall, ASG/DPA (S-3570A) , 4J,P Prof. John Ruggie, ASG/EOSG (S-3800)

V,1,/J,,P" Mr. Rolf Knutsson, Director/EOSG (S-3853C) ~ Mr. Michael Molkr, Principal Officer/Special Assistant tii1 to the USG/DPA (S-37708)

()t,:JA ;/ Mr. Fred Eckhard, Spokesman for the SG (S- 0378E) V ,1 Ms. Elisabeth Lindenmayer, Executive Assist.a.nt/EOSG I > . ~ (S-3802E)

y---,;:1 • -t, t,,,, Mr. Shashi Tharoor, Director of Communications and Special I' ~ _,,_, ~ ~- rojects/EOSG (S-3802D) V"' l Mr. Salim Lone, Chief, Publications Servicc/DPI (S-0900A)

,,. y Mr. Graeme Warner Chief, ICS/DPl (S-1060F) ).V' Mr. Y . Makmoud, DPA (room S-3350A)

,NO: - V \

FROM:

212 963 4879 ..---Ahmad Fawzi, Director~,... -•

18 February 1999 REPEAT AS REQUESTED*

UNIC-Londop Parliamentary Report

No. of pages (includine cover sheet) =;/ ~ Please find attached hereto, the monthly report pn,-pared by UNIC-London on UN-related matters raised in Parliament for

✓ the month of January 1999.

Best regards.

U,~ I CLONDON 'i, 01719766478 02/18/99 18: 15 [5l : 02/02

UN IC London Parliamentary Report - January 1999 1

UNITED NATIONS

Mil/bank Tower (2 f'' Floor) 21-24 Mil/bank London SW1 P 4QH United Kingdom

INFORMATION CENTRE

UNIC LONDQN REPORT

NATIONS UN/ES

Tel: (44) (0)171 630 1981 Fax: (44) (0)1719766478

e-mail: in(g@.fillidondon.org ilfliwzi@uniclondon,2rn

ON UN-RELATED MATTERS RAISED IN PARLIAMENT London - January 1999

United Nations specific

Biological Weapons Convention 27 January Tony Lloyd, Minister of State, Foreign and Commonwealth Office, was asked how the Government intended lo promote proposals for a strengthened Biological Weapons Convention (BWC) by the year 2000 at the forthcoming negotiations in Geneva. He confinncd tb.'lt strengthening the BWC is a key Government objective in U1e field of arms control. The UK is playing a leading role in the negotiations on a legally binding Protocol, where it is chairing the sessions on compliance measures. This section will be at the heart of the future verification regime. With a total of 16 weeks of negotiations in 1999, the UK will be working closely with its EU partners, and all other counrrics actively seeking completion of a Protocol during 2000. Consistent with \be importance the Government attaches to this work, the UK has offered to host the Signing Ceremony of the Protocol in London.

Children employed in UN Peacekeeping Operations 11 January Doug Henderson, Minister of State, Minisuy of Defence (MOD), said U1at the Government fully accepts the UN's w1(1crtaking that personnel undcr the age of 18 will not be included on UN peacekeeping missions. However, there may be occasions when Royal Navy units already deployed overseas, are called Jc at short notice to such an operntion. These units may contain small numbers of under 18 year-olds.

UN Convention against Torture 25 January Paul Boateng, Parliamentary Under-Secretary of State, Department of Health, said that the UN Committ~e against Torture had issued no specific guidance to state parties on appropriate responses 10 its recommendations. However, it had published guidance on the reporting requirements of the six main human rights treaties in its "Manual on Human Rights Reporting" . 111c periodic report must contain infonnation on any action 1ake11 as a result of conclusions and recommendations reached by die Committee.

TI1c Government has taken note of the Committee against Torture's recommendations made ancr the oral hearing on 16 November 1998. All interested Departments have been made aware of its recommendations and will give them due con!.iderntion. The Govcmment later wrote 10 tile Committee about its third recommendation relating to section 134 of the Criminal Justice Act 1988. The UK's Fourth Periodic Report. to the Committee will be prepared in consultation with all interested Departments, as has been the case with earlier reports.

UNITEDNATIONS .,., ~ NATIONS UNIES

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02/19/99

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UNrTED NATIONS INFORMATION CENTRE

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LONDON 1999 FE~Wl.P 4QH: C 8

United Kingdom

To:

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·- .... , ... _. _____ Ms. Nina Lahoud From: AHMAD FAWZI, Director Office of the USG/DPKO UNIC LONDON 'Qi, =at 1__:

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00-1-212-963 9222 Pages: (includin2 this one) 3 Date: February 19, 1999

UK Parliament ~.11 ~~~~r-age troops CC:

Dear Ms Lahoud,

Further to our conversation yesterday and the UNIC-LONDON PARLIAMENTARY REPORT, \. pages of which I re-sent to you, plea~e find herewith the full text of ~ .:_Jienderson's repjy_L plus another section in which he is asked to give the numbers of under-age troops . I hope this is useful. - ~-----··-- ·----------.

Please give my best regards to Mr. Miyet and tell him we look forward to seeing him in London, which he has not visited since he assumed office!

Best regards .

PK - OUSG INCOMING MAIL

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UNICLONDON 'ii 01719766478

,--Ho~se 'Of Commons Hansard Written Answers for ... ~

frnvious Section Index

Troop Deployment

02/19/99 13:32 151 :02/03

Page 1 of 4

Home Page

Mr. Stinchcombe: To ask the S~retary of State for Defence what steps he plans to take in respect ofUK troop deployment following the announcement of the Under-Secretary General of Peacekeeping at the United Nations that under 18 year-olds will not be included on UN peacekeeping missions. [65010]

Mr. Doug Henderson: We fully accept the UN's undertaking that personnel under the age of 18 will not be included on UN peacekeeping missions. When my Oepanment responds to a UN -request for the deployment of UK troops to a peacekeeping operation, the Permanent Joint Headquarters (PilIQ) allocates tasks to the three Services as appropriate. UN requirements are of course complied with, including age restrictions. However, there may be occasions when Royal Navy units already deployed overseas, are called at short notice to such an operation. These units may contain small numbers of under 18 year-olds.

Atomic Weapons Establishment

(Technical Papers)

Mr. Matthew Taylor: To ask the Secretary of State for Defence how many reports in the two series of reports produced by the Mathematical Physics Division of the Atomic Weapons Establishment are currently unclassified. (65058]

Mr. Spellar: A total of 130 reports in the two series produced by the Mathematical Physics Division of the Atomic Weapons Establishment are currently unclassified.

Pigmeat Consumption

Mr. Yeo: To ask the Secretary of State for Defence what was the cost of the pigmeat imported from outside the United Kingdom which was purchased for consumption by British service men and women in each of the last three years. [65121)

Mr. Spellar: The procurement of food for the Armed Forces is contracted to Booker Foodservice who were selected and took over the contract on 1 October 1997. In the first year of the contract Booker Foodservice imported some £1.45 million worth of pigmeat, representing 50 per cent. of the Armed Forces' requirement for bacon and gammon. The balance of the requirement for bacon and gammon and all of the requirement for pork were obtained from UK sources at a cost of £4.25 million. Unfortunately, the cost of imported pigmeat for the previous two years, when NAAFl held the contract, is not available. We believe, however, that the proportion of imported pigmeat will have been broadly similar to that advised by Booker Foodservice.

11 Jan 1999: Column: /9

Nuclear Weapons (Gulf)

Mr. Cohen: To ask the Secretaty of State for Defence if British cruise missiles have been used in the attack on Iraq. [65160]

Mr. George Robertson: No British cruise missiles were used during Operation Desen Fox, the 16-19 December air campaign against Iraq.

Mrs. Ewing: To ask the Secretary of State for Defence ifhe will rule out the use of nuclear

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UNICLONDON ti 01719766478 House of Commons Hansard Written Answers for ...

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Tony Geraghty

Mr. Mitchell: To ask the Secretary of State for Defence for what reasons the computer files and research material of the author Tony Geraghty have been seized by Ministry of Defence Police. [65368]

Mr. Doug Hendenon: This is a matter for the Chief Constable of the Ministry of Defence Police Agency , I have asked the Chief Constable to write to the hon. Member.

Letter from W. E. E. Boreham lo Mr. Austin Mitchell. dated 11 January 1999:

T am replying to your Question to the Secretary of State for Defence about property seized by the Ministry of Defence Police from Tony Geraghty, as this falls into my area ofresponsibility as Chief Constable/Chief Executive of the Ministry of Defence Police Agency. Computer files and research material were seized, under warrant, from the home address of Mr. Geraghty, as part of an investigation in COMection with alleged offences against the Office Secrets Acts. The property seized is currently under evaluation.

Armed Forces (Youth Recruitment)

Mr. Stinchcombe: To ask the Secretary of State for Defence ifhe will list by age the numbers of men and women aged under 18 years in the armed forces. (65004)

J 1 Jan 1999 : Column: 15

Mr. Doug Henderson: The number of men and women aged under 18 years in the armed forces is as follows:

M11v Femok TotAl

,877 059

A WE Committee

Mr. Matthew Taylor: To ask the Secretary of State for Defence on what dates the Local Liaison Committee of the Atomic Weapons Establishment Committee (a) has met since 1 January 1997 and (b) plans to meet in 1999; and if the minutes of this committee are publicly available. (65056]

Mr. Spellar: The Atomic Weapons Establishment has two Local Liaison Committees. one covering the sites at Aldermaston and Burghfield. the other covering the site at Cardiff which is being decommissioned.

http ://www.parliament.the-stationery-office.eo.uk/pa/cml99899/cmhansrd/cm990111/text/9Cl9/02/99.htm

Ut,H CLONDON ii 01719766478 02/18/99 1~:1'.:> [}I :01/02

Tel: 0171 630-1981 Fu: 0171 ~76-6478 info@uniclondon.org

TO:

UNTTED NATIONS NATIONS UNIES

UNITED NATIONS lNl'ORMATION CENTRE

OUTCOING FACSIMILE

TI1e Deputy Secretary-General (S-3862A)

Millbank Tower (21st Floor) 21-24 Millbank London SW1P4QH United Kingdom

Mr. James Gustave Speth, Administrator, UNDP (DC l-2128) Mr. Iqbal Riza, Chef de Cabinet, EOSG (S-3800E) Ms. C.arol Bellamy, Executive Director, UNICEF (H-1380) Dr. Natis Sadik, Executive Director, UNFPA (DN-1901) Mr. Kensaku Hogen. USG/OCPI (S-1027A)

____ >,_,Mr.Bernard Miyet, USG/DPKO (S-37278) -- 2. l'L 1C.~ 1-a."I.-Z.. 7 Sir Kieran Prendergast, USG/DPA (S-J770A) A~ ,

Mr. Hans Corell, USG/OLA (S-3427 A) • Mr. Ralph Zacklin (ASG/OLA (S-3427B) /vis N ;...,_ Lit~ ... J

~ (IJf- · Mr. Hedi Annabi, ASG/DPKO (S-3720A) ---•--------/uj tJ'I- ~ t.~ Mr. Alvaro de Soto, ASG/DPA (S-3527A)

,J /tq V' i ,v.f I _j J Mr. lbrahima Fall, ASG/DPA (S-3570A) l ~ I ' .6,)-P Prof. John Ruggic, ASG/EOSO (S-3800) ~ \l,,JA)A Mr . .Rolf Knutsson, Director/EOSG (S-3853C)

' [ ~ ~ Mr. Michael Molli:r, Principal Officer/Special Assist.ant ~ J -..µ,, L tii1 to the USG/DPA (S-3770B)

. ~ ~ t,rJ'I Mr. Fred Eckhard, Spokesman for the SG (S- 0378E) • t ~" ~ v-- ~ • Ms. Elisabeth Lindenmayer, Executive Assistant/EOSG • l ~ (S-3802E) .. )J. y--/. ""Mr. Shashi Tharoor, Director of Communications and Special ~ ~ 4.,.§ 1 .... v.rojects/EOSG (S-3802D) f ,. t,t_ ~ l ~ ~r. Salim Lone, Chief, Publications Servicc/DPI (S-0900A)

1 j ~ ~ ,,. ~ ~y Mr. Graeme Warner Chief, ICS/DPl (S-1060F) "/ ./ ).#J' Mr. Y . Makmoud, DPA (room S-3350A)

{J ~ p;_ }6~ NO: 212 963 4879 .----~"4 \ill FROM:

.fl v,1/f~ATE,..JA

• Ahmad Fawzi, Director ._. •

18 February 1999 REPEAT AS REQUESTED * NIC-Londop Parliamentary Report \t./~· s~Atrl

~ / n- No. of pages (;ndudine cove, ,beet) / :;2.. , . "'- k . l ~ Please find attached hereto, the monthly report prepared by

\l \)I · ~ .i)' r< UNIC-London on UN-related matters raised in Parliament for J ~ ~ ' y the month of January 1999.

c:-"' ,JI ./' k Bost regards

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· UNlCLONDON 'ii' 01719766478 02/18/99 18; 15 ;02/02

UN IC London Parliamentary Report - January 1999 1

UNITED NATIONS

Mil/bank Tower (21 st Floor) 21-24 Mil/bank London SW1 P 4QH United Kingdom

INFORMATION CENTRE

UNIC LONDON REPORT

NATIONS UN/ES

Tel: (44) (0)1716301981 Fax: (44) (0)1719766478

e-mail: in(g@imiclondon.org afawzi@unic;londonor_g

ON UN-RELATED MATTERS RAISED IN PARLIAMENT · London - January 1999

United Nations specific

Biological Weapons Convention 27 January Tony Lloyd, Minister of State, Foreign and Commonwealth Office, was asked how the Govemment intended lo promote proposals for a strengthened Biological Weapons Convention (BWC) by the year 2000 at 1J1e forthcoming negotiations in Geneva. He confinncd that strengthening the BWC is a key Government objective in U1e field of arms control. The UK is playing a leading role in the negotiations on a legally binding Protocol, where: it is chairing the sessions on compliance measures. This section will be at the heart of the future verification regime:. Wi1l1 a total of 16 weeks of negotiations in 1')99, the UK will be working closely with its EU panners, and all other countries actively seeking completion of a Protocol during 2000. Consistent with the importance the Government attaches to this work, the UK has offered to host the Signing Ceremony of the Protocol in London.

Children employed in UN Peacekeeping Operations 11 January Doug Henderson. Minist.er of State, Minisuy of Defence (MOD), said that the Government. fully accepts the UN's widcrtaking that personnel undct the age of 18 will not be included 011 UN peacekeeping missions. However, there may be occasions when Royal Navy units already deployed overseas, are called at short notice to such an operation. These units may contain small numbers of under 18 year-olds.

UN Convention against Torture 25 January Paul Boateng, Parliamentary Under-Sc:crctary of State, Department of Health, said that the UN Coinmith:c against Torture had issued no specific guidance to state parties on appropriate responses to its recommendations. However, it had published guidance on the reponing requirements of the six main human rights treaties in ils "Manual on Human Rights Reporting". TI1c periodic report must contain infonnation on any action 1akcn as a result of conclusions and recommendations reached by die Committee.

l11e Government has taken note of the Committee against Torture's recommendations made ancr the oral hearing on 16 November 1998. All interested Departments have been made aware of its recomtrtendations and will give them due con11,i.derntion. The Government later wrote to the Committee about its third recommendation relating to section 134 of the Criminal Justice Act 1988. The UK's Fourth Periodic Repon. to the Committee will be prepared in consultation with all interested Departments, as has been the case with earlier reports.

Jc -

Author: Peter Leentjes at UNHQ2 Date: 17 / 02/1999 6:47 PM

; Pr i o r ity: Normal TO: Nina Lahoud Subject: Child R'ghts

Attached is a draft briefing note that should put Mr Miy et in the picture . Where it refers to attached documents - I will bring them along tomorrow . They are not ge r maine to the unde r standi ng of the issues presented, although h e may wish to see the CAC note again.

I hav e real i zed that we may have been operating on different planes of existence - even when present at meetings , they saw nothing of what was happening, UNICEF would say the same thing.

X.flGf.' 9q. (}(2-1,'i ,· -{}02.I~

DPKO - OUS G INCOMING MAIL

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• Please retum originals to CentraVother. -

BRIEFING NOTE FOR MR MIYET AND MR CHOI

Workine Group on Child Riehts in Peacekeepine

There was concern expressed in the OSRSG CAC note that DPKO has not honoured the promises it made to assist the OSRSG CAC in establishing a working program to incorporate standards into UN operations. This view is very incorrect. Much has been accomplished within DPKO itself, however even more has been accomplished in the cooperative work with UNICEF, OHCHR, UNHCR and the UNSCP.

DPKO has maintained a partnership with OHCHR, UNHCR and UNSCP for over two years, and more recently with the UN Security Coordinator to train national level police and military trainers in all aspects of multi-dimensional peacekeeping. This has included issues of Child Rights as one of the elements of the broader issue of Human Rights. Over 200 trainers, resposible for the development of National policy and training have attended this training.

Even as early as October 1997 DPKO also realized the need to participate with UNICEF as a partner following up the Graca Machel report. This cooperation was the subject of an exchange of letters. (Flag A)

Informal contacts continued and two papers were produced by UNICEF inc conjunction with other agencies that was to form the basis of the future, Rights Based approach to Children's Issues. This approach is important for training as it provides the basis for Member State's legal obligations. (Flag B)

The training relationship in early 1998 continued to grow even as the bi-lateral discussions were taking place between DPKO/SRSG CAC. As reported on 8 June 1998 (Flag C) UNICEF and DPKO had been cooperating in this area:

UNICEF had been invited to join the partnership with DPKO, UNHCR, OHCHR, the UN Security Coordinator and UNSCP to better prepare National peacekeeping trainers;

We agreed to work together to develop training concerning Child rights. A draft module for Peacekeepers on Child's Rights has been prepared for trial on the Train the Trainers courses.

UNICEF representatives attended the Africa Training Strategy meetings to provide input to the initiatives; and

A Codes of Conduct session was held with UNICEF staff;

The invitation provided in the memo of the 9th of June 1998 to Mr Choi appeared to be timely, as a meeting had already been arranged by UNICEF, the working group leader, for the 17/18 June 1998. The Training Unit, designated as the working point of contact, attended the meeting with a wide range of UN Agency personnel, Specialist Advisors, Training Institutions, and representatives of Member States. A member of the OSRSG CAC was also present. This meeting

focussed on the training of peacekeepers in Child Protection and Rights in the context of International Peacekeeping with the results to provide a basis for future action. (Flag D) It was felt there was a fundamental need to reappraise the role of UN peacekeepers in relation to children as child soldiers, forced recruiting, small arms, demobilization, sexual exploitation, violence against women and landmines. All are inter-related to the child's rights issues.

A three tier model for training development was proposed during the meeting which proposed:

Scenario based study packages which could be made available to all Member States. Case studies focussed on ethical and moral dilemmas and respect for International Instruments were to form the basis of the approach, educating rather than training individuals;

Programs would prepare modules for three levels; a module for senior decision makers who need to be convinced of the necessity and value of training; a module for national level trainers who have responsibility for development and conduct of national training and a full module that could be taught to soldiers;

Cooperation and integration of effort with the other components of a peacekeeping mission were considered essential.

The challenge will be to produce hard products. DPKO has neither the personnel resources nor funding to develop this material. As has recently been done with HIV/ AIDS modules, the Training Unit with it's partners will seek out donors and expertise to assist the process.

The results of this two day seminar were very-productive and developed a reasonable approach for future activity. An OSRSG representative attended the meeting and was aware of the attendance and result. The actions by the OSRSG CAC of 16 July and 21 July 1998 are therefore incomprehensible. There appeared to be a change of direction without any acknowledgment of the ongoing efforts.

A DPKO Training materials have been undergone a preliminary review to determine where { I applicable Child Rights issues can be incorporated.

/

Standards for Military Observers and Civilian Police - The most recent publications already include the requirement to provide a complete human rights module, which includes rights of the child as an integral element, in the generic/general training of peacekeepers. Age policies are being already being added. This follows the rights based approach agreed earlier;

Codes of Conduct -These are considered to be very effective. Only editorial changes have been proposed.

Military Observers Handbook - this is one of the oldest documents and needs to have Child's rights incorporated with the Universal Declaration of Human Rights and should include the latest Codes of Conduct. Gender sensitive language is also being revised; Civilian Police Handbook - needs to have Child's rights incorporated with the Universal

eclaration of Human Rights and the Criminal Justice Standards; Junior Ranks Handbook; - minor additions are needed;

Guidelines for Peacekeeping - reference to Human Rights, Child Rights and Age Policies are required.

As these volumes are republished changes will be included. The most rapid changes will be made in the electronic versions, that will i:e-issued on CD ROM.

The Training Unit and UNICEF have a follow on meeting scheduled for 18 February 1999 to finalize our combined approach. They are fully aware of the need to include the other players and will do so, as they have in the past. Note of 16 February 1998 applies. (Flag E)

It is almost as if we have been ships passing in the night, one not noticing the other!

' MAR. -17 ' 99 (WED) 11: 00 EMERGENCY PROGRAMS TEL:212- 735-4402

unicelfll Unia=d 'Nalionl Ouldnn'I Pu,id For'ld• c1m ""'~• u.- pm:~ rcnmncc Fondo de las. Nacimm Unlda,1 Pl"' la l11lllncla

To:

cc:

From:

Subject:

INTER-OFFICE MEMORANDUM

Olara. A. Otunnu Special Representative of the Secretary-General for Children and Armed Conflict (Fax: 963 0807)

Mr. Kofi Asomani, UNHCR (Fax: 963 0074) Mr. Omar Bakhet, UNDP (Fax: 906 53 79) Mr. David Chikvaidze, OSRSG/CAC (Fax: 963 0807) Mr. Christopher Coleman, DPKO (Fax: 963 9222)-::, Mr. Mohanuned Elkouhene, WFP (Fax: 963 8019) Mr. Martin Griffiths, OCHA (Fax: 963 9489) Mr. (Col) Peter Leentjes, DPKO (Fax 963 9061) Ms. Elsa Stamatopoulou, OHCHR (Fax 963 4097)

Marta Santos Pais JeJ~o:f' ~l Director, Division ofEvalMtion Policy and Planning UNICEF (Fax 824 6474)

Children and Armed Conflict -Task Force on Standards

P. O O 1

l U nia:d Na.u.on6 Plua Ne"' ~tk, Jo,le,o, Yon. I00r7 21232~ Teles ; 17S989

17 March 1999

Please find attached Note For the Record on the meeting for the Task Force on Standards for Peacekeeping Operations which includes a number of proposals identified by the task force as possible areas where the support by the SRSG may have a distinct value and special importance.

With warm regards.

MAR. - 17' 99 (WED) 11: 00 EMERGENCY PROGRAMS

unicefiG> Unl..i Naliono Olildnn'• Pund Ponda - Nal.imt■ u,,_,. )'DIil' l'cn,-,_ Fa<ulo do 11,s 1'111Cl.onca Unidas p■ r.1 la Jnlimcia

TEL :212-~35-4402

Note For the Record Task Force on Standards for Peacekeeping Operations

18 February 1999

Participants: Ms. Marta Santos Pais, UNICEF (Chair) Col. Peter Leenrj:es, DPKO David Chikvaicb:e, OSRSG/CAC Tsegereda Assebe, UNHCR Michele Griffin, UNDP/ERD Jelagat Ronoh, UNICEF Jennifer Klot, UNICEF

1. UNICEF recalled the SRSG's request for advice on possible distinct or complementE~ roles he might play, as an advocate for children affected by armed conflict, in support of standard setting activities with respect to peacekeeping personnel. Following the conclusions of the SRSG' s recent Advisory Group Meeting, two areas had been identified for further exploration: (1) training for peacekeeping personnel, and (2) codes of conduct, monitoring and enforcement mechanisms for peacekeeping personnel.

2. The represem:ative of OSRSG/CAC recalled that the role of the SRSG was one of a catalyst, facilitator and convenor. In that sense, the SRSG was already in the process of performing that role by virtue of placing this initially bilateral initiative in a UN­wide context and generating a focu9ed inter-agency discussion in the present Task Force. The SRSG sought to do this in view of the wide-ranging activities that UN partners had, each in their own area, with DPKO. This discussion, it was hoped, would produce a set of specific recommendations on which the DPKO-OSRSG/CAC Working Group on Standards, Policies and Procedures of UN Peacekeeping Operations could then base its work. Namely, recommendations were expected from the Task Forc.e on issues that the Working Group could take up when it finally met, on the composition of the Working Group, the proposed time-frame for its work and expected outc.ome. The representative of the OSRSG/CAC noted that the above expectation was reiterated by the SRSG, during a meeting held that morning with the USG for Peac:e-keeping Operations, on the eve of the SRSG's departure for a long mission to Africa.

3, The members of the Task Force expressed a common desire of ensuring that the exchange of views allows to identify areas where the distinct role of the SRSG may

1

P. 00 2

MAR. -17 ' 99 (WED ) 11: 00 EMERGENCY PROGRAMS TEL:212- i 35-4402

make a difference or add value, in the light of the activities currently undertaken by other partners, either in their individual action or bilateral cooperation. Task force participants .felt it was important to prevent the duplication of efforts and to promote synergy between the role of the SRSG as an advocate for children and the UN partners in their operational actions. In relation to the Working Group on Standards to be pursued with DPKO, it was felt that it should maintain the original proposed membership as described in the background note prepared by the OSRSG/CAC, that is UNICEF, UNHCR, OCHA, OHCHR, DAW, in addition to the OSRSG/CAC and DPKO.

4. DPKO stressed the need for UN partners to inform the OSRSG about ongoing initiatives as they are being pursued within respective institutional mandates and existing partnerships. DPKO suggested that the Working Group might rather seek to identify new areas that were not currently being addressed. UNICEF, UNHCR, and UNDP exprc·ssed support for this approach. The meeting proceeded to take stock of ongoing activities and initiatives being conducted in these areas.

5. UNHCR identified the following areas within the scope of its ongoing work and possible areas of focus for the Working Group on Standards:

security/protection arrangements for refugee camps training peace-keeping forces, human rights monitors and other peace-keeping personnel in child protection instruments

- protecting child soldiers in peacekeeping/reconciliation processes in particular, looking at the reintegration of child soldiers in the family, community and broader national contexts.

6. DPKO is compiling a list of ongoing related initiatives with respect to policy, standards and training and will share them with interested partners. These include;

Training packages for national forces and peacekeeping personnel on their responsibilities to children and women, including reference to relevant human rights and humanitarian standards Guidance:, policy, standards and mandate building in relation to the Security Council Age policy on minimwn age for peacekeeping personnel and advocacy with respect to raising the universal age of recruitment to 18 Policy formulation with respect to secwity in refugee camps Developinent of codes of conduct Guidance: to force commanders on conduct and breaches Guidance to civilian police and military observers Disciplim: data base and follow-up system Mine action service program Security of civilian and peacekeeping personnel Development of Rules of Engagement and Standard Operating Procedures that reflect child rights and gender-based concerns HIV/ AIDs awareness

2

P. 003

MAR. -1 ~· 99 (WED) 11: 00 EMERGENCY PROGRAMS TEL: 212-;35-4402

7. UNDP is in the process of identifying aspects of these issues that relate to its work. They expres:;ed interest in the aspects of peacekeeping related to post-conflict peacebuilding and the development of longer term structures that support child rights.

8. UNICEF shared the Peace and Security Agenda for Children recently presented to the Security Council which sets the context for the work of the organisation in these areas. This broad agenda includes:

ending the use of children as soldiers (preventing recruitment, raising the age of recruitmcmt to 18 years, demobilisation and reintegration)

- protectin.~ humanitarian assistance and humanitarian personnel - humanitarian mine action

peacebuil.ding for children challenging the impunity of war crimes against children early warning and preventive action to ensure the realisation of children's rights small arms ar.d light weapons

In the context of its collaboration with DPKO and other partners, UNICEF noted its work in developing training materials on child and gender related human rights and humanitarian standards for peacekeeping and humanitarian personnel; standard setting activities including the promotion of an Optional Protocol to the CRC to raise to 18 the minimum age of recruitment and participation in armed conflicts; follow-up in relation to the Security Cou::icil recommendations dealing with the Conflict in Africa; and the development of c,mbudsperson offices, including monitoring mechanisms for peacekeeping personnel.

9. In ]ight of thi:; review, the group identified the following areas where the support by SRSG might gain distinct value and importance:

• Identify ways and means to brief SRSGs, Force Commanders and other peacekeeping senior leadership on child and gender concerns in the context of armed conflict

• Explo:re the development of capacity building activities designed to build long term, i:ustainable solutions on the ground that will continue to be effective after field operations leave

• Identify monitoring mechanisms to assess and promote respect for UN standards and codes of conduct on the part of regional peacekeep~g arrangements

• Within the context of the ICC, explore procedures and mechanism capable of fighting impunity in case ofhuman rights violations by peacekeepers

Moreover, as an advocate for children affected by armed conflict, the SRSG could associate his efforts to support current activities developed by UN partners, including DPKO, OCHA, OHCHR, UNDP, \VFP and UNICEF.

3

P. 004 ,,. /

FEB. -16' 99(TUE) 07:58 EMERGENCY PROGRAMS TEL:212-735-4402 P. 001

unice1:e Ul\i...S Nation& Children'• Pl.Ind fond5 deli Nation• U~ p:,,.ir l'cnfanclr: FondD de 1-u Nacionc& Unidas para la Jnfilncia

To:

From;

INTER-OFFICE MEMORANDUM

Mr. Kofi Asomani, UNHCR (Fax: 963 0074) Mr. Omar Balchet UNDP (Fax: 906 5379) Mr. David Cbikvaidze, OSRSG-CAC (Fax: 963 0807)

~fr. Christopher Coleman, DPKO (Fax: 963 9222) Mr. Mohammed Elkouhene, WFP (Fax: 963 8019) Mr. Martin Griffiths, OCHA (Fax: 963 9489) Mr. (Col) Peter Leentjes, DPKO (Fax: 963 9061) Ms. Elsa Stamatopoulou, HCI·IR (Fax: 963 4097)

Marta Santos Pais Jfl°"io:r flc,,-o h ~Y' .'Direci:or, Division of EvaMation Policy and Planning

UNICEF (Fax: 824 6474)

3 Unit.cd Nations Pl•'"" New \brk, New "abrk 10017 212 )26,.;oQO Te.h:.1;; &15!119

12 February 1999

~ : 99- 0 /J...~~ · ·-() ();L/:f"°

DPKO-OUSG INCOMING MAIL

qcl--0/313

* Action by:_-:,--------­

. Info copy to: ~Ci ~JC.. i CtvLJ · ·Please return originals to Central/other: __

Subject: Children and Armed Conflict: Task Force on Standards

We would like to in\lite you to a meeting of the SRSG's Informal Advisory Group task force on incorporating standards into UN operations. The meeting will take place on 18 February 1999 from 3pm-4pm at UNICEF House (3 UN Plaza), 2nd Floor Conference Room..

With best regards.

PEB. -16' 99(iUE) 07:58 EMERGENCY PROGRAMS TEL :212-735-4402

unicel:• un;ll:d Notions Children'• Pun d Fond& <lc!i Nations Uruea po,lf' l'cnfancl~ R>ndo de I~ Nacionu Unid.u para la Jnfancia

To:

INTER-OFFICE MEMORANDUM

Mr. Kofi Asomani, UNHCR (Fax: 963 0074) Mr. Omar Bakhet UNDP (Fax: 906 5379) Mr. David Chikvaidze, OSRSG-CAC (Fax: 963 0807)

~fr. Christopher Coleman, DPKO (Fax: 963 9222) Mr. Mohammed Elkouhene, WFP (Fax: 963 8019) Mr. Martin Griffiths, OCHA (Fax: 963 9489) Mr. (Col) Pet.er Leentjes, DPKO (Fax: 963 9061) Ms. Elsa Stamatopoulou, HCHR (Fax: 963 4097)

From: Marta Santos Pais Jflo.qO::,- flo~ h fc,.,-: Direci:or, Division of Evah!ation Policy and Planning

UNICEF (Fax: 824 6474)

Subject: Children and Armed Conflict: Task Force on Standards

3 Uniu,d Nations Pl■,._,. Nc-w 'nirk, New ~rl< 10017 212 126-'D.XI Tf:lCJ;; 175919

12 February 1999

We would like to in\lite you to a meeting of the SRSG's Informal Advisory Group task force on incorporating standards into UN operations. The meeting will take place on 18 February 1999 from 3pm-4pm at UNICEF House (3 UN Plaza), 2nd Floor Conference Room,

With best regards.

P. 00 l

I

:k

. . Note to Mr. Miyet

Re: Discussions with Mr. 0 . Otunnu: , • 1) Background Note of 22 January 1999 from Rebecca Bennett/OSRSG-CAC on• "DPKO/OSRSG Working Group of UN Peacekeeping Operations - Informal Advisory Group's Task Force on Standards" 2) Fax of 8 January 1999 from Mr. 0 . Otunnu on "Results of Informal Advisory Group Meeting of 7 January 1999"

As agreed, I met briefly with Mr. Otunnu on 11 February to discuss the above-referenced Background Note entitled "DPKO/OSRSG Working Group of UN Peacekeeping Operations" (attached) and what arrangements might be made to facilitate consultations with our Department on this matter.

At the outset, I noted that the Background Note explained that its purpose was to provide "a summary of the main issues that have been discussed between the Office of the Special Representative for Children and Armed Conflict and [DPKO] about convening the Working Group" and to suggest specific issues to be addressed by the Informal Advisory Task Force on Standards. In referring to paragraph 4 of the Note, which presented a chronological overview of the efforts made to convene the DPKO/OSRSG Working Group, I indicated that the information presented in subparagraph (t) appeared to be inaccurate as I had never been requested "to draft a project and timeframe" for the purpose of moving the stalled working group exercise forward . As was reflected in the Background Note, Mr. ~ iyet had informed the 0/SGSG-CAC that.Mr. Choi should be contacted on this matter; and, on 9 June 1998, Mr. Lavollay/OSRSG-CAC sent a memorandum to Mr. Choi ro osin a programme o wor or the working group and inviting DPKO experts to participate (attached). On

130 June, Mr. Choi informed him that the Training Unit had been designated as DPKO's · representative on the workm roup. It was my understanding that, smce that exchange, the Training

en undertaking a comprehensive review of the peacekeeping training materials for this

Mr. Otunnu indicated that he was not personally involved in the preparation of the Background Note and that the text would be rectified so that there would be no further misunderstanding on the matter. Mr. Otunnu also indicated that it had not been sent to Member States. In discussing possible means to accelerate coordination between his Office and DPKO, we agreed that it would be productive to arrange a meeting early next week to discuss a strategy for future coordination as well as DPKO's possible participation on the inter-agency Task Forces which had been established to examine selected initiatives from the work plan proposed by the Office of the SRSG-CAC (as set out in the attached 8 January fax from Mr. Otunnu to the departments/agencies concerned). Mr. Otunnu suggested that a meeting be arranged with you and other DPKO ~ representatives on either 16 C!_r l'} !ebruary before ~is ~~parture ~o Afri~ A

In closing, I thanked Mr. Otunnu for the opportunity to informally discuJ "way ahead" and promised to revert to him on an appropriate time for a..meetiRg.

cc: Mr. Otunnu

4 ..

ry\.uK._ ~ . filuJ Nina J . Lahoud

12 February 1999

x rltF ' qq _ O()l/!; ·qq~of3ff 11:.2.1~ D P KO - 0 U S G

INCOMING MAIL QC/-() /~;1_

* Action by: ________ _

Info copy to: ~ , ~3 C. 1 Cf (tvl ) PL 10r<t1l.c<.. J

* Please retum originals to Central/other:_

BACKGROUND NOTE DPKO/OSRSG Working Group of UN Peacekeeping Operations

Informal Advisory Group's Task Force on Standards

1. Below is a summary of the main issues that have been discussed between the Office of the Special Representative for Children and Armed Conflict (OSRSG) and the Department for Peacekeeping Operations (DPKO) about convening the above Working Group. In addition, specific issues have been suggested for the Informal Advisory Task Force on Standards to address with respect to this matter.

2. In bilateral meetings between the OSRSG and DPKO in early 1998, it was agreed that a DPKO/OSRSG Working Group on Standards, Policies and Procedures of UN Peacekeeping Operations would be established. The purpose of the Group was to review existing standards and procedures to determine how they could be strengthened to better protect vulnerable members of society in UN Peacekeeping Operations, particularly children and women. In this respect, the Group was to focus on the following issues:

(i) Standards for peacekeeping personnel: a) international humanitarian and human rights standards that protect children ( e.g., the UN Convention on the Rights of the Child; and b) internal DPKO standards for UN Peackeeping personnel (e.g., procedures, disciplinary measures).

(ii) Training of UN Peacekeeping personnel (e.g., manuals, training sessions). (iii) The monitoring of day-to-day UN personnel behavior. (iv) Transparency and follow-up in processing complaints to help ensure the

avoidance of cover-up of breaches of the code of conduct and other violations. (v) The creation of an Ombudsman or a Community Relations Office within each

peackeeping operation, which could receive and respond to complaints by and against UN Peackeepers.

It was agreed that recommendations from the Working Group with respect to these issues would be available within six weeks.

3. Listed below are the participants in bilateral meetings between the OSRSG and DPKO:

OSRSG • Mr. Olara A. Otunnu, Under-Secretary-General, Special Representative of the

Secretary General for Children and Armed Conflict • Mr. Moncef Khane, First Officer, OSRSG • Mr. Michel Lavollay, Consultant, OSRSG (no longer with the OSRSG)

DPKO • Mr. Bernard Miyet, Under-Secretary-General, DPKO • Ms. Nina Lahoud, Special Assistant to the Under-Secretary-General, DPKO

• Mr. Young-Jin Choi, Assistant-Secretary General, DPKO, Office of Planning and Support, (Prior to his appointment, it was Mr. Manfred Eisele)

• Mr. Ekkehard Griep, Special Assistant to Mr. Choi, DPKO , Ms. Mary Eliz.a Kimball, Senior PAO/DPKO • Mr. Francois Dureau, Chief of Staff, Military Adviser's Office/DPKO

Other UN Participants • Ms. Jennifer Klott (invited by OSRSG) • Ms. Zohreh Tabatabai, Focal Point for Women, Department of Economic and Social

Affairs (invited by OSRSG)

4. Below is a brief history of efforts to begin the DPKO/OSRSG Working Group.

a) In December 1997/ January 1998, Mr. Otunnu and Mr. Miyet had their first bilateral meeting. At that time, they expressed their eagerness for the OSRSG and DPKO to work together to discuss how children and women living in the midst of UN Peackeeping Operations could be better protected.

b) On 13 February 1998, Mr. Otunnu and Mr. Miyet convened a joint meeting with senior members of their offices to discuss the matter. They agreed on the establishment of the Working Group, the issues the Group would address and the time frame for the Group to submit recommendations.

c) On 22 May 1998, Mr. Otunnu designated the OSRSG team for the Working Group to consist of Mr. Lavollay, Mr. Khane and Ms. Klott.

d) On 9 June 1998, Mr. Lavollay sent a memo to Mr. Choi inviting DPKO to nominate experts to participate in the Working Group and to convene the first meeting.

e) On 30 June 1998, Mr. Choi designated the training unit to be DPKO' s representative in the Working Group. The OSRSG suggested that this decision was inappropriate considering the number of thematic issues to be addressed by the Working Group. The OSRSG informed Ms. Lahoud that it was worried that DPKO's designated counterparts were not fully responding to its request. Ms. Lahoud stated that she would raise this issue with Mr. Choi ' s office and with Mr. Miyet, who would provide further guidance in the matter.

f) On 16 July 1998, Mr. Lavollay met with Mr. Miyet who acknowledged that the exercise was stalled and reiterated his commitment to move it forward by requesting Ms. Lahoud to draft a project and timeframe for this purpose.

g) On 21 July 1998, Mr. Lavollay encouraged the formation of the Working Group by August 1998. He also suggested that the group include UNICEF, UNHCR, OCHA, HCHR, OSAGI, DAW, the OSRSG and relevant representatives from DPKO (e.g., military, policy, training, information and legal sections).

2

h) On 24 July 1998, Mr. Miyet informed the OSRSG that he was pushing for the process to start the following week.

i) On 30 October 1998, Mr. Otunnu sent a note to Mr. Miyet congratulating him on the ocl:asion of the adoption of the new UN Peacekeeping Policy estr.blishing 18 as the minimum age for UN peacekeepers. In this note, he also suggested that this momentum be used to follow up on the effort regarding the Working Group to review policies, standards, training and procedures pertaining to the conduct of all categories of personnel serving with UN Peacekeeping Missions.

5. Issues for the Informal Advisory Group's Task Force on Standards to consider, include the following:

(i) What substantive issues should the DPKO/OSRSG Working Group address? (ii) What should be the time frame for the Working Group (e.g., when to start and

how long to convene to address the substantive issues selected and to submit recommendations)?

(iii) Which UN agencies should comprise the Working Group? Should the Working Group be comprised of DPKO and the OSRSG and encourage the participation of other UN agencies through the OSRSG's Informal Advisory Group? Should the Working Group be expanded to include other interested UN agencies?

(iv) What should be the outcome of the Working Group?

3

Rebecca Rejtman Bennett (OSRSG) 22 January 1999

• .

TO:

A:

cc:

FROM:

DE:

SUBJECT:

UNITED NATIONS - NATIONS

OFFICE OF THE SPECIAL REPRESENTATIVE OF THE SECRETARY-GENERAL FOR CHILDREN AND ARMED CONFLICT

Telephone: 1212) "3-3178 • FIIC9imle: 1212) N3-4807

INTEROFFICE MEMORANDUM

Mr Young-Jin Choi Assistant Secretary General Office of Planning and Support Department of Peace Keeping Operations

::€Day k ____ -_-!.' 0 r-l '~

OSRSG/CAC ~

DATE: 9 June 1998

Working Group on Standards of Peace Keeping Operations in relation to children affected by armed conflict

Dear Mr Choi,

I am delighted that you have been designated to serve as our counte for the establishment of the DPKO-SRSG/CAC rkin r on dr n as had been decided in earlier meeL.ngs between Mr Miyet and Mr Otunnu. It is our understanding that we should be able to convene the first meeting of our ,,group of exoerfs£!Jh.in the next . _

< few days. With the overall aim of ensuring that UN Peace Keeping Operations are atthe -:·-·· · forefront of the international community's efforts to protect children affected by armed / ' conflict, we expect that o~ working grpup should be able to make practical recommendations within a period of six weeks. The main areas in which the working group should proceed are the following :

- Adapt standards of behaviour for peace-keeping personnel: the goal is to ens11re consistency in the preparation ano training of Peace Keeping Personnel through proper manuals and training sessions (using the experience of groups such as Rada BarnenmBosnia), the focus will be on sensitizatjon about the special vulnerabilities of children and women in conflict situations as well as rights and protection mechanisms that can be used to enforce these rights.

- Promote the implementation of the principles of protection of children and women in conflict situations as an integral part of the mandate of peace keeping operations: the goal is to ensure that each civilian or military member of a peace-keeping operation understands that he is entrusted with the responsibility to promote the rights of children and women in conflicts and having internalized the issue he/ she can then be effective in monitoring and preventing abuses.

- Ensure transparency in the enforcement of standards: short of changing the jurisdiction the goal is to use transparency of process as a means 10 ensure compliance. A review of procedures and practices in response to breaches of tbe -code of conduct as well as follow up on'ce cases are within contributing country jurisdiction should lead to recommendations on possible improvements and on how better knowledge of enforcement can make good prevention.

We hope that you will find this framework useful and that we will be able to build on the experience acquired over the years by UN and non UN partners. For this reason we feel it would be useful to review, early in the process, the draft report and recommendations which came out of th~-DPKO Wo~~~g Qroup in 1997. We would, of course, be grateful for any comments or suggestions you might have on the programme of work.

We look forward to hearing from you soon so as our experts can get to work.

Best regards.

. .

0l/08/99 FRI 22:24 FAX 212 963 0807 OSRSG-CAC/EOSG

"

UNITED NATIONS NATIONS UNIES

flPKO OFFICE OF THE SPECIAL REPRESENTATIVE OF THE SECRETARY-GENERAL

FOR CHILDREN AND ~FWIED CON~~lJAN \ I A 9: 51 2 I b 5 J t1

ADDRESS -ADRESSE: Room S-3161 A, UNITED NATIONS N.Y. 10017 · TEL: (212) 963-3178 FAX: (212) 963-0807

NL

FAX TRANSMISSION COVER SHEET IL\.~~ - G ~-------------------t----U.ll....__._~M¥.l.3-Airu,\IL TO: Please see attached list # q - rrv H -1

laioo1

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FROM;

DATE:

Clara A. Otunnu ,,,...,-0~ ---8 January 1999

• Action by:_~---,.....-----.--~

Info copy to: jfq I t:f A ;iJ'C l D S f N SUBJECT: • !3.R~e.tJSU.!lJ'/trfJsuot_fi!_inu_fi~onnt:mailJ/lia~d~v.~is~o~_gfj~~!.ru1!!lJ1!J.J,~Uilll!~U~lllse return orfgfnafs to Central/other:

YOU SHOULD RECEIVE 3 PAGES (including cover sheet)

I wanted to reiterate my appreciation to you and to your colleagues for your active participation in the informal advisory group meeting yesterday; it was very helpful. I thought it would be useful to share with you the understandings reached yesterday.

I. Task Forcg/Bapporteyr format for addressing selected common initiatives

1. As I stressed at the beginning of the meeting, the proposed initiatives are areas of common interest and joint work. for the United Nations system. The role of this Office Is a catalytic and a convening one. In this regard, the meeting was an important step on the way to initiating practical inter~agency implementation of initiatives benefiting children affected by armed conflict.

2. Composition of Task. Forces. The meeting agreed on addressing selected initiatives from the work plan proposed by the Office of the SRSG-CAC by means of ad hoc inter-agency Task. Forces/Rapporteurs and the identification of ulead agencies" to initiate and direct this process. The following Task Forces were identified:

Task Force

Post-conflict response (including identification of pilot eases, monitoring the effectiveness of response, etc.)

Neighbourhood initiatives

Building local capacity for advocacy

Impact of sanctions on children (Iraq)

Incorporating standards into UN operations

Security Council follow-up ,. •

Brussels initiative: Lome process

"Lead agency"

UNDP

UNICEF

OSRSG-CAC

UNICEF/WFP

UNICEF (M. Santos-Pais)

OSRSG-CAC

UNDP

Core group

UNICEF. WFP. UNHCR. UNHCHR, OCHA. OSRSG-CAC

UNHCR, UNDP, UNHCHR, DPA, OCHA, OSRSG-CAC

UNICEF. UNHCR. UNDP

WHO, UNHCHR, OCHA, OSRSG-CAC

UNHCR, UNDP, WFP, UNHCHR,DPKO,OCHA, OSRSG-CAC

UNICEF, UNlrlCR, UNHCHR. DPA. DPKO, OCHA

UNICEF, WFP, UNHCR, OSRSG-CAC

3. Partners listed under "core group" above are, we feel, most directly concerned by these initiatives, b1.1t all partners are encouraged to participate in the consultations.

l Jc

-• 01/08/99 FRI 22:24 FAX 212 963 0807 OSRSG-CAC/EOSG

4. Objectives. The Task Forces are to examine the "lay of the land'' with regard to the relevant initiatives, elaborate the concept of the initiative in greater detail and propose a strategy for action to address them.

5. Time frame/procedure. The individual Task Forces will be convened as soon as possible and

2

will be deemed to have served their purpose when they report to the next meeting of the informal advisory group which will be held on Wednesday, 3 February 1999, at 3:00 pm. The frequency of the Task Forces' work and the format (meetings or informal consultations) will be determined by the individual "lead agencies". It would be most helpful to all and appreciated if the "lead agencies~ could distribute the summaries of the fi~~-<?!.!heir re~e~i::tive Task __ Forces to all members of the informal advisory group by COB Friday, 29 January 1~

6. Following the meeting yesterday, in order to expedite matters, this Office also identified its representatives for the Task Forces, as follows:

" Post-conflict response

Neighbourhood initiatives

Building local capacity for advocacy

Impact of sanctions on children (Iraq)

Incorporating standards into UN operations

Security Council follow-up

Brussels initiative: Lome process

II . Country visjts.

J. Brismar Skoog

R. Owada

R. Rejtman Bennen

D. Chikvaidze

R. Rejtman Bennen

M. Khane

D. Chikvaidze

7. I should also like to reiterate my thanks for the constructive discussion which we had

~002

t

:~ncern:;:::0:::::df:~:::::~:::d~:~n;;o;:t:h::1:h:e ~:~c;~llowing countries: Burundi and ~l

Rwanda, including refugee camps in Kenya and Tanzania (January-mid-February); Guatemala and c Colombia (March); the Sudan (including the SPLM/A·held area in southern Sudan) (end-February-April).

9. You will also recall that there was strong sentiment that visits should be planned soon, Qref within the first half of the ear, to Liberia, Sierra Leone and An ola . The timing for subsequent country visits will be discusse a a a e s age.

10. I would very much appreciate your cooperation in initiating the necessary action to provide assistance in the preparation of these visits, including contacts with your respective country Offices. background papers, issues you feel would need to be raised, your views on desired outcome, as well as specific suggestions on follow-up actions that will be required after the visits. etc.

Thank you again and best regards .

•

oi/ 08 / 99 FRI 22:24 FAX 212 963 0807 OSRSG-CAC / EOSG

TO:

CC:

Ms. Marta Santos-Pais, Director Division of Evaluation. Policy and Planning, UNICEF

Mr. Nils Kastberg, Director Office of Emergency Programmes, UNICEF

Mr. Omar Bakhet, Director Emergency Response Division, UNDP

Mr. Mohamed El Kouhene, Liaison Officer WFP Liaison Office, New York

Mr. Kofi Asomani. Director UNHCR Liaison Office, New York

Mr. Bacre Waly Ndiaye, Director HCHR New York Office

Mr. Martin Griffiths Deputy to the Under-Secretary-General and Deputy Emergency Relief Coordinator, OCHA

Ms. Michele Griffin, ERD-UNDP Ms. Robyn Groves, UNHCR-NY Ms. Elsa Stamatopoulou, HCHR-NY Ms. Nina Lahoud, DPKO Ms. Allegra Baiocehi, OCHA

Mr. D. Chikvaidze Mr. M. Khane Ms. R. Owada Mrs. J. Brismar Skoog Mrs. R. Rejtman Bennett

FAXfrl;L

824-6490/824·6738

5-7037/5-7163

4-5379/4-5193

3-8019/3-1205

3-007 4/3-6200

3-4097 /3-5930

3-9489/3-2740

Fax: 3-9222 Fax: 3·3115

14]oo3

3

I

FEB> 16' 99 (TUE] 0 : 5 8 EMERGENCY PROGRAMS TEL : 212 - 7 3 5- 4 4 0 2 P. 001

Un;ll:d N11tions Childrtn'1 Pun~ f'ond& <Jes Nations Uru!!!I p01.1r l'cruiuw:ic: Fondo de la., N11Cione• Unid.a.5 pan, la Jnfilnc:ia

To:

From;

INTER-OFFICE MEMORANDUM

Mr. Kofi Asomani, UNHCR (Fax: 963 0074) Mr. Omar Bakhet UNDP (Fax: 906 5379) Mr. David Chikvaidze, OSRSG-CAC (Fax: 963 0807)

~ r. Christopher Coleman, DPKO (Fax: 963 9222) Mr. Mohammed Elkouhene, WFP (Fax: 963 8019) Mr. Martin Griffiths, OCHA (Fax: 963 9489) Mr. (Col) Peter Leentjes, DPKO (Fax: 963 9061) Ms. Elsa Stamatopoulou, HCI·IR (Fax: 963 4097)

Marta Santos Pais Jdo-qo:1"' flo,-.-0 h -fb~: Direci:or, Division of Ev~ation Policy and Planning

UNICEF (Fax: 824 6474)

3 United Nat,ons P\■z.q N~ 'Nrk, New York i0Cll7 2l2 32&.'lOIXI Tele.;; 1'7551119

12 February 1999

- -' fq-01~~ · ·-() ();l./~

DPKO -OUSG INCOMING MAIL

qq._ c9 /313 • Action by: _ _______ _

Info copy to: q-{ ~-:r C..

i CtJLJ • PIPASe return origma!s to Central/other: __

Subject: Childlrcn and Armed Conflict: Task Force on Standards

We would like to invite you to a meeting of the SRSG' s Informal Advisory Group task force on incorporating standards into UN operations. The meeting will take place on 18 February 1999 from 3pm-4pm at UNICEF House (3 UN Plaza), 2nd Floor Conference Room.

With best regards.

01/ 26 / 99 Ti.TE 17 : 17 FAX 212 963 0807 OSRSG-CAC/EOSG

DATE:

TO: A:

THROUGH: S/C DE:

FROM:

DE:

SUBJECT:

UNITED NATIONS - NATIONS UNIES

INTEROFFICE MEMORANDUM

25 January 1999

Members oflnforrnal Advisory Group (Please see attached list)

Reiko Ow

No. of Pages: 15

Program~~~~~~"}..-fthe SRSG fot,,Children and Armed Conflict / ' ----·"

Background Pape-rs for Task Forces

Attached please find a set of background papers for the following Task Forces that our office has prepared, for your reference:

• • • • •

Neighbourhood initiative Building local capacity fo r advocacy J mpact of sanctions on children(case of Iraq) DPKO/OSRSG Working Group o UN Peacekeeplng Operations Brussels initiative: Lome process

( l

As you will see from the attached, each a r outlines the_ back oun the ob· ectives ,8:!Jd,}he major components for consideration by a respective Task Force, We hope they would be useful for your fu 1er discusston,

Background papers for the remaining Task Forces shall be forwarded to you shortly .

.,; 1 We look forward to meeting with you on 3 February 1999, at 3:00 p.m., as scheduled.

With kind regards.

l ?14 D p K O - 0 U S G l~, , INCOMING MAIL

<qq -~:}9-7 t{ , /v-)/t-JL -tjTG

* Actionby:_..::,_ ____ -=-=----lnfo i°Pdo: 1-t~ (01c., '!I , D' > \ ,.

• Please return originals to Central/other:_

Ii) 001

01/26 / 99 TUE 17 : 17 FAX 212 963 0807 OSRSG-CAC IEOSG

Members of the Informal Advisory Group of the Special Representative of the Secretary General for Children and Armed Conflict

Ms. Marta Santos-Pais Director. Division of Evaluation, Policy and Planning, UNICEF (Tel: 82+6738; Fax: 82+ 6490)

Mr. N i1s Kastberg Director, Office of Emergency Programmes, UNICEF (Tel: 5-7163; Fax: 5-7037)

Mr. Omar Bakhet, Director, Emergency Response Division, UNDP (Tel: 4-5193 ; Fax: 4-5379)

Mr. Mohamed El Kouhene Liaison Officer, WPP Liaison Office, New York (Tel: 3-1205; Fax: 3-8019)

Mr. Kofi Asomani Director, UNHCR Liaison Office, New York (Tel: 3.6200; Fax: 3.0074)

Mr. Bacre Waly Ndiaye Director, HCHR New York Office (Tel: 3.5930; Fax: 3.4097)

Mr. Martin Griffiths Deputy to the Under-Secretary-General and Deputy Emergency Relief Coordinator, OCHA (Tel: 3.2740; Fax: 3.9489)

Informal member Mr. Fabrizio Bassani Executive Director, WHO Liaison Office at the UN (Tel: 3.4388; Fax: 223~2920)

cc: Ms. Michele Griffm Programme Officer, Emergency Response Divisfon, UN"DP

Ms. Robin Groves Senior Liaison Officer, UNHCRLiaision Office New York

Ms. Elsa Stama.topulou Deputy Director, HCHR. New York Office

Ms. Nina Lahoud Special Assitant to the Assistant Secretary~Genernl, DPKO (Fax: 3.1379)

Ms. Allegra Baiocchi Humanitarian Affairs Officer, OCHA (Fax: 3-3115)

Ms. Cecilia Rose--Oduyemi Executive Officer, WHO Liaison Office at the UN

ll]002

01/ 26 / 99 TUE 17:18 FAX 212 963 0807 OSRSG-CAC/EOSG

Background Paper

NEIGHBOURHOOD INITIATIVE

Background

Most of the armed conflicts taking place today are internal, however are often compounded by cross-border issues. In addition to regional political dimensions to many of intemal conflicts, certain issues of a cross-border nature are often found as specific contributing factors to the victimization of children in internal conflicts.

These elements are, for example, cross-border trade and transfer of small arms, the use of land.mines, the abduction and recruitment of children into armed groups, and displacement of children within and beyond borders. Threats facing children in countries in conflict often cannot be resolved without addressing those cross-border dimensions.

The Special Representative has proposed the idea of "neighbourhood initiative" that would bring toget11er a group of neighbouring countries who are linked by cross-border activities that affect children. Titls is primarily a humanitarian project, a means to undertake commitments and measures to better protect children caught in anned conflict.

Objectives

Neighbourhood initiative aims to bring out public commitments and concrete measures by respective governments and insurgency groups, for protecting children from cross-border threats, or for refraining from abuse of children.

Neighbourhood initiative would also serve the purpose of creating greater official and public awareness of the rights, protection and welfare of children.

It would also aim to encourage civil society, both international and local, to play an important role in taking concrete action and following up on commitments to be made and measures to be undertaken by parties to conflict.

UN inter-agency collaboration

Neighbourhood initiative would be undertaken through UN inter-agency collaboration. The Special Representative has created a Task Force, which main task will be to design its strategy, a plan of action and modalities.

Possible neighbourhoods

Three neighbourhoods are being proposed by the Special Representative, for consideration by the Task Force: i) Eastern Africa; ii) West Africa; and iii) Kosovo and its neighbours.

Eastern Africa · IGAD member states as the core countries, with two following options: i) Exclusively IGAD members: Djibouti, Ethiopia, Eritrea, Kenya. Somalia, Sudan and Uganda

01 126 / 99 TUE 17:18 FAX 212 963 080 7 OSRSG-CAC/ EOSG

West Africa:

Kosovo:

Participation

ii) "IGAD Plus": IGAD members plus Tanzania

Sierra Leone, Liberia, Guinea and Cote d' Ivoire

FR Yugoslavia (Serbia and Montenegro), Macedonia and Albania

Respective governments of each neighbourhood would be the key participants. Participation of others, includjng international and regional organizations, needs to be decided.

Participation of insurgency groups would be another important element to be considered. Specific strategies would need to be designed for their effective engagement in the process.

International and local NGOs would also be engage<li for consultations as well as for folldw-up monitoring of commitments made and measures to be undertaken.

Cross-border issues

Major cross-border issues for each neighbourhood shall be identified by the Task Force. Some of the issues suggested by the Special Representative are:

Eastern Africa: - Abduction, recruitment and use of children - Transfer, acquisition and use oflandmines - Flow and availability of small anns - Displacement of children, both within and beyond borders

West A.fi'ica: ~ Recruitment and use of children - Flow and transfer of small arms - Displacement of children, both within and beyond borders

Kosovo: - Flow and transfer of small arms - Displacement of populations, both within and beyond borders - Flow and use oflandmines (prevention) - Military training and recruitment of children (prevention) - Sexual abuse particularly of displaced children

Process

Concrete strategies and procedures are to be designed by 1.he Task Force.

TI1e current thinking of the Special Representative would entail a process at three levels: first, at the senior officials level in the form of consultations, second at the ministerial level, which then should lead to a summit meeting at the highest level.

Timeframe

A ti.meframe for each initiative shall be discussed and proposed by the Task Force.

14!004

01 / 26 / 99 TUE 17:18 FAX 212 963 08 07 OSRSG-CAC / EOSG

The view of the Special Representative is to undertake one initiative, or two at most, during 1999.

Expected outcomes and follow-up

Neighbourhood initiative should result in drawing out public commitments and concrete measures for the protection of children from cross~border threats.

It should also decide on effective mechanisms that would monitor the honouring of commitments to be made and the implementation of concrete measures to be undertaken.

Specific expected outcomes and monitoring modalities for each neighbourhood arc to be designed by the Task Force.

~~~ 22 January 1999 -- ---------

01/26 / 99 TUE 17 : 19 FAX 212 963 0807 OSRSG-CAC1EOSG

BACKGROUND NOTE

Building Local Ca__pacity for Advocacy $ Informal Advisory Group Task Force

Below is the background paper on building local capacity for advocacy. The members of the Infonnal Advisory Group Task Force will meet on Wednesday, 27 February at 3:00 to discuss this paper and to incorporate their ideas and viev.'Points into the final concept paper.

Concept

Well•respected local actors need to be encouraged to advocate at the national and local levels on behalf of children who are living in countries that are currently in the midst or in the aftermath of conflict. Their work should serve to both complement and build upon the SRSG's existing advocacy efforts to promote prevention, protection and rehabilitation for the benefit of children affected by conflict. Local advocacy can be developed and carried out through the following mechanisms~ • An infonnal group of eminent persons (elders/ombudsmen) who serve as local

advocates on behalf of children withio a country. • Local radio stations ("Voice for Children") that are devoted to addressing the needs

and interests of children.

This concept was first discussed by the SRSG in discussions vvith local leaders, NGOs and UN agencies in Sierra Leone and Liberia in March 1998. In addition, there have been recent discussions with NGOs in Sri Lanka on this issue. The response on the ground by local NGOs and UN teams has been quite enthusiastic.

Issues to be addressed by the J nfonnaD Advisory Group Task Force

(i) What are the objectives for building local capacjty for advocacy?

• To raise awareness about the rights, protection and welfare of children affected by conflict generally, as well as to raise public awareness about particular issues that specifically affect children.

• To mobilize action by state actors, non-state actors, NGOs and others to protect children during conflict (e.g., to ensure that children are not recruited as child soldiers; to protect children from being targets of war; to encourage the provision of education to children during war).

• To mobilize action by state actors, non-state actors, NGOs and others to encourage concrete programmes that protect and provide for children in the aftermath of armed conflict (e.g., the rehabilitation of children affected by war; the reintegration of child soldiers into civil society).

• To create local ownership and locally sustainable capacity for advocacy and protection of children.

[a] 0 06

01/26 / 99 TUE 17 : 19 FAX 212 963 0807 OSRSG-CAC / EOSG

(ii) How will local groups of eminent persons or local elders be established and function?

• Persons who comprise this group should enjoy broad-based ct"edibility and influence in their respective countries.

• UN agencies could work with these individuals to help establish the group and to encourage continual advocacy efforts by t.1-ie group on behalf of children.

• The group should adopt specific issues that are both relevant to a particular country and to children who are affected by armed conflict. By obtaining 'ownership' of particular issues and causes that affect children, it can work to ensure that concerns become integrated in the local dialogue of the country and with the local people.

• Work undertaken in Liberia in 1997 / I 998 could serve as an example toward establishing such a group because The Eminent Persons Group on Advocacy for Children's Rights was established in April 1998, soon after the SRSG visited the country. UNICEF helped form the group, which is comprised of nine well-known and distinguished Liberian citizens from both civil society and government. Its aim is to fonn a tripartite relationship bcrn·een the government, civil society and the international community to initiate discussion on issues that affect children and to encourage the reconstruction of the country. Since its creation, the Eminent Persons Group has focused on the following four issues: the recruitment of children into military and para­military forces; unaccompanied or orphaned children as a result of the war; street children; and the problem of female illiteracy. (Attached is a list of the some of the Group' s activities).

(iii) How will local radio stations be developed and devoted to the needs and interests of children?

• Local professionals could run the stations and the eminent persons group could support and establish the framework for the programming. In addition, national and international NGOs and UN agencies could support this work.

• The programmes could be wide-ranging (e.g., to provide information that promotes the interests and welfare of children; to serve as an education tool about the rights of children; to provide entertainment to children; to serve as a channel for discussing reconciliation with children specifically; to proyjde education to children in areas where schools might not be operating).

• A variety of international institutions and bilateral development agencies, which are interested in developing projects with me~bers of civil society who are living in the midst of conflict or in its aftermath could be approached for funding (e.g., the World Bank, USAlD, interested governments, the EU). In addition, various organizations and foundations already carrying out similar work with civil society could also be approached for support (e.g., The Open Society Institute, The Stanley Foundation, Common Growid Productions, War Child).

2

14] 00 i

01/ 26 / 99 TUE li : 19 FAX 212 963 0807 OSRSG-CAC/ EOSG

C

• Efforts could be undertaken with existing UN mechanisms, such as the following: a) DPKO, which has major field radio stations in Bosnia and in Central

Africa (as well as smaller facilities elsewhere). These stations convey information to the population about peacekeeping operations, elections, human rights, landmine awareness, and other important topics relevant to conflict situations.

b) UNDP, which makes effective use of radio in various countries by transmitting infonnation aboui human development and values, as weU as useful information about health, jobs, etc.

(iv) In what .countries should these efforts be initiated and when?

cc:

• Possible countries might be Liberia, Sierra Leone, Kosovo, Sri Lanka, Burundi, Guatemala, Colombia. etc.

• Possible sources of support and/or funding. • Possible actors to bring together to develop and implement these local

advocacy initiatives (e.g., UN agencies, local and Lntemational NGOs)

Designated focal points of Informal Advisory Task Force • Tsegerede Assebc (UNHCR) • Michele Grifin (UNDP) • Jennifer F. Klot (UNICEF)

3

£Zi-l1d / Rebecca Rejtm.an Bennett

25 January 1999

@008

01/26/99 TUE 17:20 FAX 21 2 963 0807 OSRSG-CAC; EOSG

0

Background paper

IMP ACT OF SANCTIONS ON CHILDRJ;.:N (CASE OF' IRAQ) "

One of the many aspects of the impact of armed conflict on children, on which the Machel report provided much needed focus, was the prob1em of the impact of sanctions on children. Further to this, the Office of the Special Represent.ative of the Secretary-General for Children and Anned Conflict is pursuing this problem as one of the initiatives in its work. Succeeding General Assembly resolutions have reinforced this mandate, reconunending that v.--henever sanctions are imposed, their impact on children be assessed and monitored and that humanitarian exemptions be child-focused and formulated with clear application guidelines.

The international community has increasingly tried to analyse the effectiveness, the ethical side and the utility of sanctions regimes, noting their "blunt" nature and impact on vulnerable groups in the target country. There is also growing discussion among international public opinion of the severe effect of sanctions on civilian populations and especially children, with a frequent emphasis on Iraq, in view of recent developments.

A number of initiatives to study the humanitarian effects of sanctions and their utility have been 1U1dertaken recently by the UN system, with different recommendations on how to make sanctions less blunt and «smarter''. These include: Toward More Humane and Effective Sanctions Management: Enhancing the Capacity of the United Nations System, commissioned by the Department of Humanitarian Affairs (October 1997); Recent Findings on the Utility of Sanctions. prepared last October for the Senior Management Group, Coping with Humanitarian Sanctions, an OCHA Perspective oflast December and otJiers. Most of these studies have the same underlying premise: sanctions are inevitable and they are blunt, but what can be done to make them less devastating for vulnerable groups and more targeted.

This same basic premise underlies the attempt by the OSRSG/CAC to catalyse an inter­agency review of the possibilities and modalities for addressing the impact which sanctions inevitably have on children. For a variety ofreasons, Iraq emerged as an appropriate case-in­point for this exercise.

Main p_artners on Ir,aqi sanctions

- OCHA has been asked by the IASC to elaborate, on behalf of the UN system, a methodology for assessing the humanitarian impact of sanctions and mechanisms to process humanitarian exemptions expeditiously. OCHA also serves a.~ the entry point for humanitarian issues in the Security Council.

- In the particular case oflraq, WFP has a role based on its work in Northern Iraq (distribution of food under re&olution 986). UNICEF has recently (October 1998, report issued on 11 January 1999) undertaken a Nutritional Status Survey oflnfants in Iraq (15 Govemorates iu the South/Centre). WHO could provide needed expertise in assessing the impact of sanctions on the health system and infrastructure.

- An important partner in the Iraq context in the Secretariat is the Office of the Iraq Programme (OIP). DPA has a limited role (servicing of the Sanctions Committee through its Security Council Affairs Division).

- From the Security Council end, in addition to the President and the Permanent Five, a key interlocutor is the Chairman of the Iraq/Kuwait Sanctions Committee (661 Committee), established in 1990. The Chairman for 1999 is Ambassador Peter van Walswn (Netherlands), Argentina and Gabon (Vice Chairmen).

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Q.kjectives

The extent and multiple aspects of the impact of sanctions on children are generally known and documented to a significant extent. Certain humanitarian exemptions to sanctions regimes, specifically in. Iraq, exist. However, sanctions continue to impact heavily upon children. prompting questions about the adequacy of e,-;emption mechanisms.

The overall objective of the present initiative should be to facilitate a cross-sectoral system-wide focus on what practical suggesLions and recommendations can be generated to improve the situation of children who arc impacted by the sanctions regime imposed on their country.

Next steps

Reach agreement in the Task Force on how to define and elaborate the initiative in the context of Iraq;

Decide on the appropriate course of action;

Establish a '"division of labour" among partners.

David A. Chikvaidze 22 January 1999

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BACKGROUND NOTE DPKO/OSRSG Wo}jting Group of UN Peacekeeping Operations -./

Informal Advisory Group's Task Force on Standards

1. Below is a summary of the main issues that have been discussed between the Office of the Special Representative for Children and Armed Conflict (OSRSG) and the Department for Peacekeeping Operations (DPKO) about convening the above Working Group. In addition, specific issues have been suggested for the Informal Advisory Task Force on Standards to address vvith respect to this matter.

2. In bilateral meetings between the OSRSG and DPKO in early 1998, it was agreed that a DPKO/OSRSG Working Group on Standards, Policies and Procedures of UN Peacekeeping Operations would be established. The purpose of the Group was to review ex;isting standards and procedures to determine how they could be strengthened to better protect vulnerable members of society in UN Peacekeeping Operations, particularly children and women. In this respect, the Group was to focus on the following issues:

(i) Standards for peacekeeping personnel: a) international humanitarian and human rights standards that protect children (e.g., the UN Convention on the Rights of the Child; and b) internal DPKO standards for UN Peackeeping personnel (e.g., procedures, disciplinary measures).

(ii) Training of UN Peacekeeping personnel (e.f_h manuals, t..'"ai.ning sessions). (iii) The monitoring of day-to-day UN personnel behavior. (iv) Transparency and follow-up iQ.Processing complaints to help ensure the

avoidance of cover-up of breaches of the code of conduct and other violations. (v) The creation of an Ombudsman or a Community Relations Office within each

peackeeping operation, which could receive and respond to complaints by and against UN Peackeepers.

It was agreed that recommendations from the Working Group '\-\rith respect to these issues would be available within six weeks.

3. Listed below are the participants in bilateral meetings between the OSRSG and DPKO:

OSRSG • Mr. Olara A. Orunnu, Under-Secretary-General, Special Representative of the

Secretary General for Children a'ld Armed Conflict " Mr. MoncefKhane, First Officer> OSRSG • Mr. Michel Lavollay, Consultant, OSRSG (no longer with the OSRSG)

DPKO • Mr. Bemard Miyet, Under-Secretary-General, DPKO • Ms. Nina Lahoud, Special Assistant to the Under-Secretary-General, DPKO

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• Mr. Young-Jin Choi, Assistant-Secretary General, DPKO, Office of Planning and Support, (Prior to his appointment, it was Mr. Manfred Eisele)

• Mr. Ekkehard Griep, Special Assistant to Mr. Choi, DPKO • Ms. Mary Eliza Kimball, Senior PAO/DPKO • Mr. Francois Dureau, Chief of Staff, Military Adviser' s Office/DPKO

Other UN Participants • Ms. Jennifer Klott (invited by OSRSG) • Ms. Zohreh Tabatabai, Focal Point for Women, Department of Economic and Social

Affairs (invited by OSRSG)

4. Below is a brief history of efforts to begin the DPKO/OSRSG Working Group.

a) In December 1997/ January 1998, Mr. Otunnu and 1--Ir. Miyet had their first bilateral meeting. At that time, they expressed their eagerness for the OSRSG and DPKO to work together to discuss how children and women living in the midst of lJN Peackeeping Operations could be better protected.

b) On.13 February 1998, Mr. Otunnu and Mr. Miyetconvened a joint meeting with senior members of their offices to discuss the matter. They agreed on the establishment of the Working Group, th~ issues the Group would address and the timeframe for the Group to submit recommendations.

c) On 22 May 1998, Mr. Otunnu designated the OSRSG team for the Working Group to consist of Mr. Lavollay, Mr. Khane and Ms. Klott.

d) On 9 June 1998, Mr. Lavollay sent a memo to Mr. Choi inviting DPKO to nominate experts to participate in the Working Group and to convene the first meeting.

e) On 30 June 1998, :Mr. Choi designated the training unit to be DPKO' s representative in the Working Group. The OSRSG suggested that this decision was inappropriate considering the number of thematic issues . to be addressed by the W ork.ing Group. Toe OSRSG informed Ms. Lahoud that it was worried that DPKO 's designated counterparts were not fully responding to its request. Ms. Lahoud stated that she would raise this issue with Mr. Choi's office and with Mr. Miyet, who would provide further guidance in the matter.

f) On 16 July 1998, Mr. LaYollay met with Mr. Miyet who acknowledged that the exercise was stalled and reiterated his commiti:nent to move it forward by requesting Ms. Lahoud to draft a project and timeframe for this purpose.

g) On 21 July 1998, Mr. Lavollay encouraged the formation of the Working Group by August 1998. He also suggested that the group include UNICEF. l}NHCR, OCHA, HCHR, OSAGI, DAW, the OSRSG and relevant representatives from DPKO (e.g., military, policy, training) information and legal sections).

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01 / 26 / 99 TUE 17 : 21 FAI 212 963 0807 OSRSG-CAC IEOSG

h) On 24 July 1998, Mr. Miyet infonned the OSRSG that he was pushing for the process to start the following week.

i) On 30 October 1998, Mr. Otunnu sent a note to Mr. Miyet congratulating him on the oc,.;asion of the adoption of the new UN Peacekeeping Policy establ:shing 18 as the minimum age for UN peacekeepers. In this note, he also suggested that this momentum be used to follow up on the effort regarding the Working Group to review policies, standards, training and procedures pertaining to the conduct of all categories of personnel serving with UN Peacekeeping Missions.

5. Issues for th~ Informal Advisory Group's Task Force on Standards to consider, ,l include the following:

(i) What substantive issues should the DPKO/OSRSG Working Group address? (ii) What should be the time frame for the Working Group (e.g., when to start and

how long to convene to address the substantive issues selected and to submit recommendations)?

(iii) Which l.i'N agencies should comprise the Working Group? Should the Working Group be comprised of DPKO and the OSRSG and encourage the participation of other UN agencies through the OSRSG' s Informal Advjsory Group? Should the Working Group be expanded to include other interested UN agencies?

(iv) What should be the outcome of the Working Group?

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Rebecca Rejtman Bennett (OSRSG) 22 January 1999

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Background paper

BRUSSELS INITIATIVE: LOME PROCESS

Background

At the end of September 1998, the European Union and the African, Caribbean and Pacific states launc.hed negotiations to find a successor to Lome IV, which is due to expire on 29 February 2000.

The current agreement has been the su~ject of increasing criticism. for some time, with doubts expressed about the effectiveness of its trade and aid package, and its compatibility with WTO rules. These doubts have been reinforced by the limited attention which the convention devotes to "good governance" issues~ leadiug the EU to propose its fundamental overhaul.

The need to strengthen the political dimension of the ACP-EU relationship is widely agreed. From the El.rs point of view, this should embrace a global policy to include foreign policy and security. with ACP countries acting as a coherent unit on the international stage. The EU is looking to reinforce political relations between both sides through consolidating policies designed to prevent conflict, especially in Africa. EU officials are keenly aware that of the some 30 conflict situations currently taking place in the world, 13 are in ACP countries.

Another point of concern for the EU is the question of "conditionality" as applied to trade and aid agreements. There are strong differences over the EU's insistence that "good govemance" should become one of the partnership's essential elements. For many ACP states. development should be the primary and unconditional objective of any successor agreement to Lome IV; the EU, however, believes that the creation of a.11 appropriate political and institutional environment is a prer~quisite for sustainable economic development. Some of the most difficult parts of the negotiations will therefore be over the definitions of "good governance" and "essential elements'\ the extent to vvh:ich trade and aid measures should be subject to political conditionality; and the acceptability of the EU's increasingly common practice of taking unilateral action to suspend development assistance.

Negotiations are likely to be protracted, and it is Wilikely that the convention \vill survive in its present form. Instead, a more differentiated relationship between the EU and ACP states is likely to emerge. Greater political cond[tionality is also likely to be a new feature.

Main partners in tlie Lome proceu

On the EU-EC side, the principal partners of the OSRSG/CAC are: ACP Ambassadors; ACP Secretariat; Directorate-General VIII (Development); Directorate-General IA (Extemal Relations, Human Rights and Democratization Unit); Other concerned Directorates-General; Working Group of the ACP-EU Joint Assembly; Staff of key MEPs and Commissioners; ECHO; Delegation of the EC in New York.

Within the UN system, in the elaboration of the joint UN-system input: UNDP/UNDP Brussels UNICEF /UNICEF Brussels/UN1CEF Geneva WFP UNHCR

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01/26 / 99 Tl1E 17 : 22 FAX 212 963 0807 OSRSG-CAC IEOSG

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Dbiectives .. '

It is almost a certainty that the new Convention will contain a significant new rubric dealing with conflict prevention, support fot openness, human rights, good governance, etc. This is the p~rfect "niche" for the OSRSG/CAC to place the agenda of children and armed conflict in the centre of the ACP-EU relationship, whkh is the overall objective.

In aiming to achieve this, the immediate goal is to int!grate the issue of children affected by armed conflict into the post-Lome IV negotiations which have begun recently and are to be finalized by the end of the year. The working group set up by the Joint Assembly to consider the future of the ACP-EU relationship is preparing a report by Spring 1999.

Achieving these objectives would not only create a powerful new advocacy mechanism, but wi11 also open the way for the EU to elaborate programmes and allocate appropriate resources.

fiextsteps

Reach consensus through the Task Force on the issues which need to be introduced into the text of the new Convention, bearing in mind the existing provisions of Lome IV and prospects for the new text;

Secure at the SRSG level full political backing for this cooperation;

Prepare in detail the position, agenda and specific goals of this initiative (including what specifically and under which sub-item of the overall rubdc could be .introduced into the new Convention);

Review additional capacity and support requirements at different levels in Brussels (possible informal advisory group, "Friends" group, staff requirements, etc.).

//~ David A. Chikvaidze

22 January 1999

141015

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MAY WE DISCUSS? POURRIONS-NOUS EN PARLER?

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Form/ GS.119/ Rev.1 ( 1 .83)

0l / 08 / 99 FRI 22:24 FAX 212 963 0807 OSRSG-CAC/ EOSG !41001

UNITED NATIONS NATIONS UNIES

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OPKO OFFICE OF THE SPECIAL REPRESENTATIVE OF THE SECRETARY-GENERAL

FOR CHILDREN AND AfUVIED CON~~ ~lJ A1~ \ l A q: 5 I 2 I t 5 3 ti

ADDRESS -ADRESSE: Room S-3161 A, UNITED NATIONS N.Y. 10017 • TEL: (2121 963-3178 FAX: (2121 963-0807

FAX TRANSMISSION COVER SHEET IL\.~~ D P - G ----------------------+------N-',.__---"~IIJo..l.-1¥1,""IL TO: Please see attached list j q - 0-V 7J-l.f FROM:

DATE:

Clara A. Otunnu ,,.-, 0~ ---- * Action by: Info copy-to.--e~,-'1..,.., H---..A-;i_l_C:_.-D~s-,N~ 8 January 1999

SUBJECT: :...:R=es=u=t=ts=-=of,_1=·n=fo=r.=m=a=l-==a=d=v=is=o::..r1<-;;J..:..==-===.,.,._--==-....:.....;==~-l'--"'"""""'se refum originafs to Central/other:

YOU SHOULD RECEIVE 3 PAGES (including cover sheet)

I wanted to reiterate rny appreciation to you and to your colleagues for your active participation in the informal advisory group meeting yesterday; it was very helpful. I thought it would be useful to share with you the understandings reached yesterday.

I. Task Force/flapporteur format for addressing selected common initiatives

1. As I stressed at the beginning of the meeting, the proposed initiatives are areas of common interest and joint work for the United Nations system. The role of this Office is a catalytic and a convening one. In this regard, the meeting was an important step on the way to initiating practical inter-agency implementation of initiatives benefiting children affected by armed conflict.

2. Composition of Task Forces. The meeting agreed on addressing selected initiatives from the work plan proposed by the Office of the SRSG-CAC by means of ad hoc inter-agency Task Forces/Rapporteurs and the identification of "lead agencies" to initiate and direct this process. The following Task Forces were identified:

Task Force

Post-conflict response (including identification of pilot cases, monitoring the effectiveness of response, etc.)

Neighbourhood initiatives

Building local capacity for advocacy

Impact of sanctions on children (Iraq)

Incorporating standards into UN operations

Securiw Counci l follow-up I

Brussels initiative: Lome process

"Lead agency "

UNDP

UNICEF

OSRSG-CAC

UNICEF/WFP

UNICEF (M . Santos-Pais)

OSRSG-CAC

UNDP

Core group

UNICEF. WFP. UNHCR. UNHCHR, OCHA. OSRSG-CAC

UNHCR,UNDP,UNHCHR, DPA, OCHA, OSRSG-CAC

UNICEF. UNHCR. UNDP

WHO, UNHCHR, OCHA, OSRSG-CAC

UNHCR, UNDP, WFP, UNHCHR,DPKO, OCHA, OSRSG-CAC

UNICEF, UNlrlCR, UNHCHR. DPA. DPKO. OCHA

UNICEF, WFP, UNHCR, OSRSG-CAC

3 . Partners listed under " core group" above are, we feel, most directly concerned by these initiatives, but all partners are encouraged to participate in the consultations .

l= Jc

0l / 0B/ 99 FRI 22:24 FAX 212 963 0807 OSRSG-CAC/ EOSG 14)002

4. Objectives. The Task Forces are to examine the "fay of the land'' with regard to the relevant initiatives, elaborate the concept of the initiative in greater detail and propose a strategy for action to address them.

5. Time frame/procedure . The individual Task Forces will be convened as soon as possible and

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will be deemed to have served their purpose when they report to the next meeting of the informal advisory group which will be held on Wednesday, 3 February 1999, at 3:00 pm. The frequency of the Task Forces' work and the format (meetings or informal consultations) will be determined by the individual "lead agencies". It would be most helpful to all and appreciated if the "lead agencies " could distribute the summaries of the fi Q~ings of their respective Task Forces to all members of the informal advisory group by COB Friday, 29 January 1999. --6. Following the meeting yesterday, in order to expedite matters, this Office also identified its representatives for the Task F..Q!.£!l§., as follows:

Post-conflict response

Neighbourhood initiatives

Building local capacity for advocacy

Impact of sanctions on children (Iraq)

Incorporating standards into UN operations

Security Council follow-up

Brussels initiative: Lome process

II . Country visits .

.J. Brismar Skoog

R. Owada

R. Rejtman Bennett

D. Chikvaidze

R. Rejtman Bennett

M. Khane

D. Chikvaidze

7 . I should also like to reiterate my thanks for the constructive discussion which we had

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:~ncern:;:::io::t:::df:~:::::~:::d~a~~:;o~~:t:h::l:h:e ~:~c;~llowing countries: Burundi and ;l Rwanda, including refugee camps in Kenya and Tanzania (.January,mid,Februarv); Guatemala and c Colombia (March); the Sudan (including the SPLM/A-held area in southern Sudan) (end-February-April) . .

9. You will also recall that there was strong sentiment that visits should be planned soon, pref~Jitl; within the first half of the ear, to Liberia, Sierra Leone and Angola. The timing for subsequent cou rit ry visits will be discusse<:ra a later stage:' ----

10. I would very much appreciate your cooperation in initiating the necessary action to provide assistance in the preparation of these visits, including contacts with your respective country Offices. background papers, issues you feel would need to be raised, your views on desired outcome, as well as specific suggestions on follow-up actions that will be required after the visits. etc.

Thank you again and best regards .

0l/ 0$ / 99 FRI 22:24 FAX 212 963 0807 OSRSG-CAC / EOSG

TO:

CC:

Ms. Mart a Santos-Pais. Director Division of Evaluation. Policy and Planning, UNICEF

Mr. Nils Kastberg, Director Office of Emergency Programmes. UNICEF

Mr. Omar Bakhet, Director Emergency Response Division, UNDP

Mr. Mohamed El Kouhene, Liaison Officer WFP Liaison Office. New York

Mr. Kofi Asormmi. Director UNHCR Liaison Office, New York

Mr. Ba ere Waly Ndiaye, Director HCHR New York Office

Mr. Martin Griffiths Deputy to the Under-Secretary-General and Deputy Emergency Relief Coordinator, OCHA

Ms. Michele Griffin, ERD-UNDP Ms. Robyn Groves, UNHCR-NY Ms. Elsa Stamatopoulou, HCHR-NY Ms. Nina Lahoud, DPKO Ms. Allegra Baiocchi, OCHA

Mr. D. Chikvaidze Mr. M. Khane Ms. R. Owada Mrs. J. Brismar Skoog Mrs. R. Rejtman Bennett

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!41003

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