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CHILDREN ASSOCIATED WITH ARMED FORCES OR GROUPS

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DEFINITIONS• Child:• Associated:

• Armed forces:

• Armed groups:

Any person below 18 years of age

A child who is or who has been recruited or used by an armed force or group in any capacity, including but not limited to children used as fighters, cooks, porters, messengers, spies or for sexual purposes. It does not only refer to a child who is taking or has taken direct part in hostilities.

refers to the national armed forces of a state

refers to groups distinct from armed forces as defined by Art. 4 of the Optional Protocol to the CRC on the involvement of children in armed conflict.

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• A definition of DDR• Disarmament is the collection of small arms and

light and heavy weapons• within a conflict zone. It frequently entails the assembly and

cantonment of combatants; it should also comprise the development of arms-management programmes, including safe storage and final disposition of arms, which may entail their destruction. De-mining may also be part of this process.

• Demobilisation refers to the process by which parties to a conflict begin to disband their military structures, and combatants begin the transformation into civilian life. It generally entails registration of former combatants; some kind of assistance to enable them to meet their immediate basic needs; discharge, and transportation to their home communities. [For adults] it maybe followed by recruitment into a new, unified military force.

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• Reintegration refers to the process which allows ex-combatants and their families to adapt economically and socially to productive civilian life. It generally entails the provision of a package of cash or in-kind compensation, training, and job- and income-generating projects. These measures frequently depend for their effectiveness upon other, broader undertakings, such as assistance to returning refugees and internally displaced persons; economic development at the community and national level; infrastructure rehabilitation; truth and reconciliation efforts; and institutional reform. Enhancement of local capacity is often crucial for the long-term success of Reintegration.

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Convention on the Rights of the Child: prohibits recruitment and use under 15 years

Optional Protocol to CRC: - prohibits compulsory recruitment for under 18 years - safeguards for 16 and 17; no direct participation in hostilities under 18

years-prohibits all recruitment of children under 18s by armed groups

The African Charter on the Rights and Welfare of the Child

Rome Statute of the International Criminal Court:- recruitment of under 15 years is considered war crime

Additional Protocol I of the 1949 Geneva Convention: - recruitment and direct participation in hostilities prohibited for under 15

years

Additional Protocol II of the 1949 Geneva Convention:- recruitment and direct participation for under 15 years prohibited

ILO Convention 182 (1999)

LEGAL AND NORMATIVE FRAMEWORK RELATING TO RECRUITMENT

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Non-binding standards

• Cape Town Principles on Best Practices (1997)

• The Paris Commitments to protect children from unlawful recruitment or use by armed forces or armed groups

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Group exercise:

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3 APPROACHES TO PREVENTING RECRUITMENT

1. Together with children and communities, analysing the risk of recruitment and possible consequences

2. Providing services and/or material support to children and communities

3. Holding armed forces and groups to account against legal obligations (e.g. monitoring and reporting)

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SOME GUIDING PRINCIPLES AND APPROACHES IN DDR PROGRAMMING

• The four principles of the CRC• Respect confidentiality and uphold human

rights• Advocate for the unconditionally of

children’s release• Focus on reintegration • Strengthen or develop local capacities• Ensure inclusive programming and

integrated approach• Pay additional attention to the needs of girls

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• Ensure age appropriate interventions for each age group

• Respect and support for the role that culture, religion, and spirituality play

• Monitor and respond to rights violations including recruitment of children

• Information management and data protection

• Ensure a coordinated strategy and plan is in place for DDR programs

• Advocate for long term funding

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CORE ACTIVITIES FOR THE FIRST FEW DAYS OF A CHILD’S RELEASE• Identify and register children leaving armed forces and

groups• Organize temporary accommodation, if required• Communicate with the child• Assess immediate care and protection needs• Trace family members• Promote access to essential services such as health and

psychosocial support

NOTE: Children who have already found their way back home to their families and communities should, under no circumstance, be removed to a formal demobilization process.

Issue of cash payments