Day Two: Defining the Child, Adolescent and Day Two: Defining the Child, Adolescent and ChildhoodChildhood

• Child: The Convention on the Rights of the Child (Article 1) states that “a child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier”

• Adolescent: No set age, more of a social construct. What cultural factors determine who is a child and who is an adolescent?

• Childhood: not determined only by age, or by biological and psychological factors. Rather childhood is understood by reference to particular cultural and social contexts

Communicating with ChildrenCommunicating with Children

– Using open-ended questions Avoiding leading questions, where the child feels they have to say what they think you want to hear

– Being empathetic– Not demanding replies – Create safe environment– Allowing the child to feel confident before expressing him/herself– Positioning yourself at the same level as the child during the

interaction– Being honest - not make empty promises – Allowing the child to do most of the talking– Being non judgmental and non-critical– Taking the child seriously and not laughing at the child– Not contradicting the child or arguing with him/her– Respecting the child’s beliefs– Being aware of the context in which children are communicating,

something or someone may be intimidating the child

How do the legal instruments outline the rights How do the legal instruments outline the rights of children?of children?

• Main principles:

– Child’s right to life, survival and development

– Child’s best interests

– Non-discrimination

– Participation Rights

Case Study child’s best interest:“In Sierra Leone, following the DDR of children in armed groups, INGOs were working on their reintegration. In the spirit of rights based approach/participatory methods, they engaged the girls to see what they wanted to reintegrate successfully – they stated very clearly that they had not been circumcised and would not fit in until they had been. AS INGOs know FGM is a risk to health, but wanted to help the girls fit back in, they had to tackle the dilemma and what was in the girls best interests?”

UN Convention on the Rights of the ChildUN Convention on the Rights of the Child• Article 6 – the right to life; • Articles 7 & 8 – identity; • Article 9, 10, 20 – avoidance of separation from parents;

family reunification; the protection of a child without family;

• Article 11 – freedom from illicit transfer and non-return; • Articles 19 & 37 – freedom from abuse and neglect; • Article 22 – the protection of refugee children, or

children seeking refuge; • Article 25 – rights regarding alternative care and

placement in institutions; • Article 32 – economic exploitation and protection from

hazardous work;

…………continuedcontinued• Article 34 – freedom from sexual exploitation; • Article 35 – freedom from sale, trafficking; abduction; • Article 36 – freedom from other forms of exploitation; • Article 37 – freedom from torture and deprivation of

liberty; • Article 38 – children under 15 years of age have no

direct part in hostilities, nor shall they be recruited into the armed forces;

• Article 39 – rehabilitative care: child victims of armed conflicts, torture, neglect, maltreatment or exploitation receive appropriate treatment for their recovery and social reintegration;

• Article 40 – juvenile justice, rights regarding administration of justice (conditions of arrest, trial and detention).

Optional protocol: Children and Armed ConflictOptional protocol: Children and Armed Conflict

• Article 1: State Parties shall ensure <18 do not take part in hostilities

• Article 2: no compulsory recruitment <18

• Article 3: State parties minimum age for voluntary recruitment and safeguards

• Article 4: armed groups prohibited from recruitment <18

African Charter on the Rights and Welfare of the African Charter on the Rights and Welfare of the ChildChild

• Article 5: Right to life• Article 6: Right to a name and nationality• Article 15: Child labor• Article 16: Protection against abuse and torture• Article 17: Administration of Juvenile Justice• Article 18: Protection of the Family

……..continued..continued

• Article 19: Parental Care and Protection• Article 21: Protection against harmful social and

cultural practices• Article 22: Children in Armed Conflict• Article 23: Refugee Children• Article 25: Prevention of Separation from

Parents• Prevention of Sexual Exploitation• Article 29: Prevention of sale, trafficking and

abduction

UN Security Council ResolutionsUN Security Council Resolutions

• Security Council Resolution 1261 (1999)Places protection of children within Security Council’s mandate

• Security Council Resolution 1314 (2000)No amnesty for anybody responsible for grave crimes against children; measures against illicit trade; special needs of girls; IDPs and refugees; calls for release of all abducted children

• Security Council Resolution 1379 (2001)Issues HIV/AIDS; SC asked SG for list of parties that use children in hostilities; Promoted monitoring by Peace keeping/peace building support operations; states urged to ratify the OP CAAC of the CRC

UN Security Council ResolutionsUN Security Council Resolutions• Security Council Resolution 1460 (2003)

Requests SG all his reports to the Council on country-specific situations include the protection of children in armed conflict; noted with concern cases of sexual exploitation by peace keeping/support troops; requested 6 point code be disseminated; called on member states/Agencies to include children in DDR (disarmament; demobilization and reintegration).

• Security Council Resolution 1539 (2004)Stressed the need for provisions for child protection in peacekeeping mandates; req the SG to produce a report to outline how the UN could monitor violations of children's rights in armed conflict; called for states to establish actions plans to end child recruitment

• Security Council Resolution 1612 (2005)Set out the MRM for the six grave violations of children’s rights in armed conflict; established the SC working group children and armed conflict

Case Study for DisplacementCase Study for Displacement

• AFREC reports (31 Jan) that 900 households moved from coastal areas in Badhaadhe district to Kulbio, a border town which has seen some of the worst fighting. These people had tried to enter Kenya via Kiunga, but where turned back by the Kenyan authorities. Another 500 families from areas surrounding Kulbio have shifted to Kulbio town. It is assumed they are waiting for the border to open, then seek refuge in Kenya.

• The humanitarian situation is very bad: no basic services are provided for: they have no shelter and there are no sanitation facilities. The groups that are involved in the fighting have sometimes approached the IDPs to harass them and question why they want to leave to go to Kenya.

Consequences of DisplacementConsequences of Displacement

• Children at risk of:– Loss of home and community– Loss of family income– Malnutrition– Lack of or poor services– Overcrowding (IDP camps very poor environment; families sharing

shelter that is insufficient)– Increased risk of violence if camp attacked; death and injury– Exploitation (including by humanitarian staff; services in exchange for

sex)

• Longer term consequences:– no community cohesion; – generations borne away from home; – poor education; statelessness; interrupted development

Case study for SeparationCase study for Separation

• 121 IDPs fled Burgabo Island, near Ras Kambooni for the Kismaayo IDP camps: the community fled their area at about 4pm in the afternoon. At this time, Fatima (12) and Abdullah (6) were collecting firewood for their mother about X Km away. When they came back to their community, no-one was there. All of the homes were destroyed- they didn’t know initially what to do, so they went to some nearby bushes to hide and sleep for the night.

• The next day, very early in the morning, they woke to the sound of shouts – armed militia had returned to the area to take any remaining items of value. Fatima and Abdullah waited until they could no longer hear any voices, emerged from where they had been hiding and started to walk in the direction of (XXXX), the opposite direction of where their family/community had fled the day before.

Consequences of Separation from Legal GuardiansConsequences of Separation from Legal Guardians

• Children at risk of: – Loss of family, lack of love and nurturing– Loss of access to services– Risk of exploitation; living and working the street; sexual exploitation– Arbitrary detention by law enforcement– Poor care in foster homes; extended carers providing inadequate care– Institutionalization– Fear/distress

• Longer term consequences:– Emotional immaturity– No sense of belonging– Poor parenting skills– No or poor education and limited income generation skills– Chronic ill health– Child development hampered

Case Study for TraffickingCase Study for Trafficking• Yasmeen (16) has been living in Ifo II refugee camp in North

West Kenya since November 2006 when fighting started between the TFG/Ethiopian army and the UIC. While her basic needs were met (shelter, food, water) Yasmeen had nothing to do. She had been separated from her family and did not know where they were. One day she was approached by a man (Abdul) who said that he could get her to the UK; where he knew her family were, he even produced a letter from them.

• He told her that she had to pretend to be his niece, tell the UNHCR staff that she wanted to go with him to the UK and that she was in fear for her life – and that she had left Somalia because she had seen her family killed and the same militia group had tried to recruit her.

Case Study for Trafficking continued…..Case Study for Trafficking continued…..• The UNHCR resettlement officers granted Yasmeen a re

settlement to the UK and some weeks after she finally left with Abdul for the UK. Once they arrived in the UK, he told her that she would have to stay in a flat in North London for some days until he made contact with her family. She didn’t know at this point whether she could still trust him and she began to feel very frightened.

• Yasmeen never saw her family – Abdul had lied to her in order to traffic her to the UK. For the next 18 months, Yasmeen was forced to work as a sex worker, until she finally managed to escape and was taken in by the social services. They have not yet managed to trace her family.

Consequences of TRAFFICKING for labor or sexual exploitationConsequences of TRAFFICKING for labor or sexual exploitation

• Child at risk of:– Loss of family– Movement across borders– Arbitrary detention by law enforcement– Worst form of exploitation/violence/rape– Fear/distress– STDs/HIV– Death

• Longer term consequences: – Statelessness– Emotional disturbance– Social rejection & poor social skills– Chronic ill health– Child development hampered

Definition of Child SoldierDefinition of Child Soldier

• “A child associated with an armed force or an armed group refers to any person below 18 years of age who is or who has been recruited or used by an armed force or armed group in any capacity, including but not limited to children, boys and girls, used as fighters, cooks, porters, messengers, spies of for sexual purposes. It does not only refer to a child who is taking, or has taken a direct part in hostilities”

(Paris Principles : The Principles and Guidelines on Children associated with armed forces or armed groups)

Key Points from the Paris PrinciplesKey Points from the Paris Principles• Unconditional release: all children associated with fighting forces should be

immediately released

• Release of children should not be dependent on a ceasefire or peace agreement: children should be immediately released at all stages of a conflict

• Children should not be prosecuted for having been part of an armed group

• All children, whatever their role, should be released

• Immediate release needs to be following with meaningful reintegration; their needs (medical, emotional, access to services, education, food, livelihoods) should be met.

• Special needs of girls: attention needs to be given to girls who have specific needs (they may have babies to support; implications of sexual violence to be attended to)

• Re recruitment: all measures should be taken to prevent children being re recruited; no pressure from National army for children to join

Case Study for Recruitment and use of child soldiersCase Study for Recruitment and use of child soldiers

• Ismail (13) attends a local school in Mogadishu. One day he was at school when he heard shouts from outside. Armed UIC militia suddenly burst into the classroom. They told the teacher “we have been sent by Sheikh Fu’aad Mohamed Khalaf to take boys to train for fighting the enemy”. With that, they began to move down the classroom, pulling boys up by their shirts and telling them to go and stand by the wall.

• One young boy started to cry, at which one of the militia came over to him, hit him full in the face with his rifle but and shouted “What? Why are you crying? You should be honoured to be called up to fight in the name if the Jihad! Stop snivelling and get over to that wall!”

• He then walked over to Ismail, pulled him up and marched all of the boys out. They were taken to a training camp in Hilweyne; there they were shown has to use weapons and subjected to extreme violence - they were often beaten and told that if they did not comply with the wishes of the militia, their families would all be killed.

Consequences of Recruitment and use as child soldiersConsequences of Recruitment and use as child soldiers• Children at risk of:

– Exposure to violence/committing violence (initiation to the armed group)– Risk of injury or death– Separation from family/loss of childhood– No access to services– Exposure to drugs– Physical, psychological and sexual abuse– Unwanted pregnancies; HIV; Sexually Transmitted Infections

• Longer term consequences:– Distorted/violent/criminal behavior in adulthood– Chronic ill health; HIV/AIDS– Family/community rejection; Inability to settle/adjust– Unwanted children– Fear in communities– No education and limited income opportunities – Child development hampered

Case Study for Sexual ViolenceCase Study for Sexual Violence• Faisa (8) lived with her mother in her village in (somewhere close to Kenyan

border). There has been a recent influx of IDPs into the surrounding areas, and her mother goes every day to see if she can find some labour work. She usually leaves Faisa on her own while she is out – she has no family to help her look after and watch her daughter.

• One day when her mother has gone, a local neighbour (male) comes to the hut. He calls out for her mother and Faisa says that she is out for the day. He comes into the hut and threatens Faisa not to scream or he will later kill them both. He rapes Faisa at knife point, inflicting sever injuries to her genital region which he cuts open. Faisa cannot scream as he has his hand over her face and mouth: very soon she passes out.

• Her mother returns later that evening to find Faisa unconscious: she starts to scream and soon a neighbour comes running in: they cannot take her to the only clinic they have access to, as it is some kilometres away over the Kenyan border. Instead they take her to a local healer who tries to attend to her as best they can. When they tried to get local police to investigate, the police refused: the man who had committed the rape was a close friend of the police chief, and so no action was taken.

Consequences of Sexual ViolenceConsequences of Sexual Violence• Children (girls, also boys) at risk of:

– STDs (including HIV/AIDS)– Fear; inability to maintain relations with family/friends– Early pregnancy, unsafe abortions & health complications– Death from medical complications– Distorted views of sex– Self-loathing – Family separation

• Longer term consequences:– Ill health and economic impact (inability to marry later)– HIV/AIDS -Long-term health and social costs– Fear that lasts into adulthood– Stigma and isolation; suicide– Unplanned children– Child development hampered

Consequences of HIV/AIDSConsequences of HIV/AIDS

• Children at risk of:– Illness and expenditure on health care

– Loss of family income

– Distress/fear/anxiety

– Separation of families (displacement to find medicine or hospital care)

– Stigma

• Longer term consequences:– Destruction of community coping skills and strategies

– On-going high medical and funeral costs

– Children born with HIV

– Child-headed households

– Households headed by elderly and ill relatives

– Child development hampered

Consequences of Landmines and unexploded Consequences of Landmines and unexploded ordinance (UXO)ordinance (UXO)

• Children at risk of:– Fear of injury– Disability– Disrupted income– Disrupted services– Increase in reckless/risk taking behaviour

• Longer term consequences:– Disrupted social patterns– Disability– Income loss– Long-term distress– Marriage chances reduced– Child development hampered

Sexual Exploitation and Abuse by Peacekeepers, Sexual Exploitation and Abuse by Peacekeepers, UN and INGOsUN and INGOs

• Sexual abuse and exploitation: what is it and why does it happen?

• West Africa abuse scandal 2002

• General Assembly Resolution (April 2003); Secretary General’s Bulletin (October 2003)

• Measures taken by DPKO, UN, agencies

• Violations: still ongoing

• Measures for accountability??

SEA: A definition (SG Bulletin)SEA: A definition (SG Bulletin)

• “Any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including but not limited to, profiting monetarily, socially or politically from the exploitation of another.

• Similarly, the term ‘sexual abuse’ means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions”

(Secretary General’s Bulletin, Oct 2003)

Why does SEA happen?Why does SEA happen?

• Power differential between abuser and victim - a position abused by the abuser

• Extremely vulnerable community; prevailing poverty and conflict

• Poor mechanisms to prevent recruitment of staff/PK’s with previous history of abusing

• Difficult duty stations for extended periods