Press Release
UNITED
NATIONS, New York, 21 January, 2000
At the conclusion
today of the final session of the United Nations Working Group
on the Draft Optional Protocol to the Convention on the Rights
of the Child, on involvement of children in armed conflicts,
Olara A. Otunnu, the Special Representative of the Secretary-General
for Children and Armed Conflict, has issued the following statement:
After several
years of negotiations, today in Geneva, agreement has been reached
by consensus on raising the minimum age for recruitment and participation
in conflict. I am delighted that the age limit for participation
in hostilities has been raised from 15 to 18. This outcome is
a victory for children exposed to cynical exploitation in situations
of armed conflict. While the new consensus does not go as far
as I would have liked, it is a most important step towards eliminating
the use of children as soldiers and their participation in hostilities.
In terms of
participation in conflict, Article 1 of the draft Optional Protocol
states:
"State Parties
shall take all feasible measures to ensure that members of their
armed forces who have not attained the age of 18 years do not
take a direct part in hostilities."
In terms of
compulsory recruitment, Article 2 is very firm:
"State Parties
shall ensure that persons who have not attained the age of 18
years are not compulsorily recruited into their armed forces."
As regards
insurgent groups and rebels, it is very good news for children
that the agreement categorically prohibits recruitment or participation
under 18 years. Article 4 is explicit. :
"Armed groups,
distinct from the armed forces of a State, should not, under
any circumstances, recruit or use in hostilities persons under
the age of 18 years."
The one area
in which the agreement falls short of the "straight 18" position
that I have advocated is in the area of voluntary enlistment
into national armed forces. Nevertheless, I am encouraged by
the raising of the minimum age to at least 16 and by the inclusion
of specific safeguards, including the provision of reliable proof
of age and the informed consent of both volunteer and parents.
In this connection,
Article 3 states:
"State Parties
shall raise the minimum age in years for the voluntary recruitment
of persons into their national armed forces from that set out
in Article 38(3) of the Convention on the Rights of the Child,
taking account of the principles contained in that article and
recognise that under the Convention persons under 18 are entitled
to special protection.
"Each State
Party shall deposit a binding declaration upon ratification of
this Protocol which sets forth the minimum age at which it will
permit voluntary recruitment into its national armed forces and
a description of the safeguards that it has adopted to ensure
that such recruitment is not forced or coerced .."
I believe
that the above elements in the agreement will, when rigorously
enforced, enable us to take a decisive step toward eliminating
the use of children as soldiers and prohibiting their participation
in hostilities.
I urge all
States to prepare for the early adoption and swift ratification
of the Optional Protocol. This will build on several recent developments
in the movement to secure the protection, rights and welfare
of children in the context of armed conflict, including UN Security
Council Resolution 1261 of 25 August 1999, which calls for the
intensification of efforts to end the use of children as soldiers.
I wish to
again stress the reasons why the successful conclusion of the
negotiations in Geneva is so critical: the conclusion of the
Draft Optional Protocol will now allow us to concentrate on curbing
child soldiering on the ground, where it really matters. In this
context, three measures are especially important.
The first
is the mobilisation of a major movement of international pressure
to lean on parties in conflict that are currently abusing children
as combatants. Secondly, it is important to address the political,
social and economic factors that create the environment that
facilitates the exploitation of children in this way. Thirdly,
it will enable us to mobilise necessary resources and capacity
to pursue more effective programmes of demobilisation, disarmament
and social rehabilitation of children forced to participate in
war.
I congratulate
the Working Group on achieving a high common ground for the protection
of children. I extend my warm appreciation to the Chair-person
of the Working Group, Ambassador Catherine von Heidenstam for
her remarkable patience and leadership. I wish on this occasion
to pay a very special tribute to the Coalition to Stop the Use
of Child Soldiers; we owe today's outcome in large measure to
the patient work, determination and all-out mobilization by the
Coalition to Stop the Use of Child Soldiers.
For
more information, contact:
Fergus Nicoll, Office of the Special Representative, (212) 963-8460
