S/PV.6838Resumption1 Security Council
▶ This meeting at a glance
59
Speeches
0
Countries
0
Resolutions
Topics
Peacekeeping support and operations
Conflict-related sexual violence
Women, peace, and security
Security Council deliberations
Counterterrorism and crime
Syrian conflict and attacks
Thematic
The President: I wish to remind all speakers to
limit their statements to no more than four minutes
in order to enable the Council to carry out its work
expeditiously.
I now give the floor to the representative of Israel.
Mr. Prosor (Israel): I want to begin by extending
Israel's thanks to Under-Secretary-General Radhika
Coomaraswamy, who worked tirelessly to protect
children throughout her tenure as Special Representative
of the Secretary-General. Although we did not always
agree, Ms. Coomaraswamy provided a unique model
of professionalism and leadership within the United
Nations system.
I would also like to congratulate Ms. Leila
Zerrougui on her appointment as the new Special
Representative of the Secretary-General for Children
and Armed Conflict. We look forward to working with
her closely and with her staff to further the important
mission.
In too many corners of the world today, children
are scarred by hate, not sheltered by love. They are
exploited in conflict, not protected by law. They
are targeted with violence, not treated with care and
compassion. In his report (S/2012/26l), the Secretary-
General offers numerous important recommendations
for action. We echo his call on all States to ratify the
Optional Protocol to the Convention on the Rights
of the Child on the involvement of children in armed
conflict. Targeted measures should be put in place
against persistent perpetrators of grave Violations
against children, who are listed in the annexes to the
annual report.
United Nations peacekeeping operations should
incorporate specific provisions for the protection of
children. The consequences of inaction are clear. When
we fail to protect children, we fail to protect our future.
And today, the world is failing to protect the children of
Syria from the guns, tanks and fighter jets of the brutal
regime of Al-Assad.
Over the summer, an 11-year-old Syrian boy
named Ali Adil Sayyid spoke to the German magazine
Der Spiegel. He told the magazine of the night that
Al-Assad's forces massacred his entire family in Houla.
He said,
"I woke up again just before 4 a.m., when men
came into the house. My brother and I were lying
in the living room. When my sister Rasha tried to
run away, one of the men shot her. My brother Adil
was still sleeping when a man shot at him The
man also shot at me, but he didn't hit me. I rolled
over on my side and played dead."
Ali was the only member of his family to survive.
An estimated 20,000 others in Syria have shared the
fate of his family, including thousands of children. The
stories coming out of Syria are a stain on the conscience
of the world. The children of Syria cry out to us. It is
time for the world to hear their call.
I speak before the Council today not only as the
Permanent Representative of the State of Israel, but also
as a father. I am very proud that I have raised my three
children - Lior, Tomer and Oren - in Jerusalem. Yet
they grew up in a reality where abnormality became the
norm. From infancy, they saw that every school, every
kindergarten had to be protected by an armed guard.
After watching them climb onto a school bus every
morning, my wife and I waited with anticipation, until
they had arrived safely at their destination. With every
siren, we felt the same sense of anxiety.
For more than a decade, terrorists in Gaza have been
deliberately targeting our children with rocket attacks
on schools, playgrounds and densely populated Civilian
areas. This month, Israel's children started their school
year with the all-too-familiar sounds of exploding
rockets. Every morning, the parents of southern Israel
wake up not knowing whether their children will spend
the day in a classroom or a bomb shelter. This is the life
that Israeli families live, day in and day out.
The international community cannot accept this
abnormality as a normal way of life. No family, no
child should live under those circumstances. Yet this
Council has not yet uttered a word about those attacks.
The silence speaks volumes. There is no monopoly on
the suffering caused by terrorism. All of the children
in our region suffer. Hamas and other terrorist groups
deploy minors as suicide bombers. They use children as
human shields. They use Palestinian schools to launch
rockets at Israeli schools.
Across the Middle East today, terrorists and
extremists are poisoning the minds of the next
generation, teaching them to hate, vilify and
dehumanize Israelis and Jews. In Gaza, kindergarten
graduations feature plays where five-year-old children
pretend to be jihadists and suicide bombers. This hate,
anger and intolerance have exploded across the Middle
East over the past week. The deadly attacks and riots
outside embassies across the region show the danger
of turning a blind eye to extremism. Those who teach
fanaticism today are creating a tinder box that will
inevitably ignite tomorrow.
The international community has a clear duty
to end this culture of incitement. We need education
that promotes peace instead of hate, tolerance instead
of violence, and mutual understanding instead of
martyrdom. The Jewish philosopher Martin Buber
said that "youth is the eternal chance for the bliss of
humanity". With each new generation, society has the
opportunity to start afresh. With each child, we have
the chance to plant the seeds of a more prosperous and
peaceful future. The United Nations has a duty to plant
such seeds to shield children from the poison of hate
and protect them wherever they are threatened.
The President: I now give the floor to the
representative of Canada.
Mr. Rishchynski (Canada) (spoke in French):
Allow me to thank you, Sir, for providing me with the
opportunity to participate in today's Security Council
debate.
(Spoke in English)
At the outset, allow me to state, in our capacity as
Chair of the Group of Friends on Children and Armed
Conflict, that the 38 States members of the Group of
Friends, representing all five regional groups of the
United Nations, reaffirm in the strongest terms their
support for the work of the Security Council to ensure
the full protection of children from the grave violations
committed against them in armed conflicts. Since the
adoption of the first resolution on that specific issue
in 1999 (resolution 1261 (l999)), the Council has
established a unique and robust system of protection
through no less than eight consensus resolutions and
countless presidential statements.
The Group of Friends welcomes the recent
appointment of Ms. Leila Zerrougui as Special
Representative of the Secretary-General for Children
and Armed Conflict, and looks forward to working
closely with her and her office. The contributions of
the Special Representative to the work of the Security
Council are fundamental to its work. We call on the
Security Council to ensure that she regularly and
directly briefs the Council and its Working Group on
Children and Armed Conflict, including on emerging
situations such as Libya, Syria, the eastern Democratic
Republic of the Congo and northern Mali.
(spoke in French)
The Group of Friends also welcomes the recent
annual report of the Secretary-General on children and
armed conflict (S/2012/261). Reporting on an annual
basis ensures that the Council is regularly seized of this
matter and better able to protect children affected by
armed conflict and hold perpetrators accountable. The
Group of Friends firmly believes that the Secretary-
General must continue to provide an annual report on
children and armed conflict to the Council, including
the two annexes therein that list the parties that recruit
or use children, kill or maim them, commit rape or
other forms of sexual violence against them or engage
in attacks on schools or hospitals. The listing of
perpetrators, the monitoring and reporting mechanism
on children and armed conflict established by resolution
1612 (2005), the dialogues and resulting action plans,
the efforts of the Special Representative, and the work
of UNICEF, working groups and various other partners
in the field, form the well-established international
framework to better protect the world's children caught
in conflict.
Finally, the Group of Friends believes that the issue
of persistent perpetrators is one of the fundamental
challenges for this protection framework. More than
half of the parties on the Secretary-General's list are
chronic violators of children's rights. To put it another
way, they have been on the list for more than five years.
The Group of Friends urges the Security Council to take
action to ensure that grave Violations against children
are punished by sanctions.
(Spoke in English)
In an international environment, where persistent
perpetrators of serious crimes against children affected
by conflict are not held to account, the Council must
protect the framework for action it has established and
strengthen it.
I will now speak in my national capacity.
This year's report of the Secretary-General
continues to document grave violations and abuses
being committed against girls and boys, including the
killing and maiming ofchildren, rape as a weapon ofwar
and attacks on schools and hospitals. Such despicable
actions must be stopped. Canada remains deeply
committed to the work of the Security Council on this
issue. Since the establishment of the groundbreaking and
comprehensive monitoring and reporting mechanism,
and the adoption last year of resolution 1998 (2011), the
data and evidence for grave violations against children
have improved. As a result, more perpetrators have been
held accountable, including with respect to attacks on
schools and hospitals. Canada encourages the Council
to continue to strengthen the existing mechanisms,
abide by its obligations and address the remaining
accountability gaps at the global and country level.
(spoke in French)
In the light of the situation of children in Syria,
it is clear, as mentioned in the report, that additional
steps must be taken. Canada is deeply concerned about
the reports from that country of gratuitous killings,
torture, sexual violence and the use of children as
human shields. We again urge the Council and the
international community to stand together against
such acts. Unfortunately, Syria is only one example of
countries Where such violence reigns.
Canada is also deeply concerned about the growing
number of persistent perpetrators committing grave
violations against children. Of the 52 parties named in
the Secretary-General's report, 32 have been listed for
more than five years. We must do more to hold both
State and non-State actors accountable.
(spoke in English)
In that regard, we commend the Committee
established pursuant to resolution 1572 (2004)
concerning Cote d'Ivoire, the Committee established
pursuant to resolution 1533 (2004) concerning the
Democratic Republic of the Congo, the Committee
pursuant to resolutions 751 (1992) and 1907 (2009)
concerning Somalia and Eritrea, and the Committee
established pursuant to resolution 1591 (2005)
concerning the Sudan for including grave violations
against children as part of their sanctions criteria. We
urge the Security Council and its relevant sanctions
committees to take tangible steps to systematically
impose sanctions and targeted measures aimed at
holding perpetrators accountable for committing grave
atrocities such as the killing and rape of girls and boys.
In conclusion, Canada welcomes the actions taken
by many countries this year. They include the signing
of an action plan on the recruitment and use of children
by the Transitional Federal Government of Somalia.
Similarly, we look forward to the signing of an action
plan by the Government of the Democratic Republic
of the Congo, and we call on other States to follow
suit. Action plans provide a structured approach and
impetus to parties to conflict aimed at ensuring the
release of children and an end to the practice of their
recruitment and use within a deadline. The impact of
such plans is evident, for instance, in the progress that
has been made in Sri Lanka, Nepal and Uganda in the
past few years, leading to the release and reintegration
of thousands of children.
The President: I now give the floor to the
representative of Argentina.
Mr. Estreme (Argentina) (spoke in Spanish): I
would first like to thank Mr. Ladsous, Mr. Lake and
Mr. Tolbert for their statements. I would also like to
thank Ms. Zerrougui for her briefing and to congratulate
her on her recent appointment as Special Representative
of the Secretary-General for Children and Armed
Conflict. And I would like to take this opportunity to
express my country's gratitude for the tireless work
of her predecessor, Mrs. Radhika Coomaraswamy, in
fulfilling her mandate.
Similarly and before addressing the matter at hand,
I would like to take this opportunity to acknowledge
you, Mr. President, and the German delegation for the
special attention you have given to this issue, not only in
organizing this debate but also in supplying the impulse
that led to the adoption of resolution 1998 (2011) during
the previous German presidency of the Council and
now to the adoption of resolution 2068 (2012) today, as
well as in the commitment that Germany has shown in
leading the efforts of the Working Group on Children
and Armed Conflict since last year.
There is no doubt that the United Nations in
general, and the Security Council in particular, has
made significant progress over the past 10 years in the
area of the protection of children in armed conflicts.
The framework set up by resolution 1612 (2005), which
led to the establishment of the monitoring and reporting
mechanism and the creation of the Working Group,
and which also promoted the design of action plans,
through which the parties can commit to ending their
criminal practices, has had tangible results that are
genuinely reflected in the number of children who have
been released and reintegrated, and in the delisting of
parties to conflicts that had previously been included
on those lists.
However, as on previous occasions when we
addressed this issue, the Council is once again dealing
with new challenges and must make important decisions
in order to continue to improve the existing protection
system. In that regard, we welcome the initiative
to convene a debate that focuses on the issue of
accountability for persistent perpetrators. The Council
must develop a response to the challenge that is posed
by the existence of actors who, in spite of repeated calls
and warnings made by the international community,
continue to commit the same grave Violations against
children, thus calling into question the effectiveness
of the system and, ultimately, the very authority of the
Council, which on numerous occasions has expressed
its readiness to take targeted and incremental measures
against those who continue to perpetrate such acts.
In response to this concern, both the most
recent report of the Secretary-General on the
issue (S/2012/261) and the report produced by
Ambassador Jean-Marc de La Sabliere at the request
of the Special Representative of the Secretary-General
provide interesting recommendations on how to address
the issue. We believe that all the recommendations
should be discussed in depth and none discarded out
of hand, with the aim of putting into practice the
alternatives that are most appropriate for persuading
and pressuring those parties to conflicts who have
repeatedly resisted it to engage in dialogue, to negotiate,
to implement action plans and, ultimately, to radically
change their behaviour.
In this short space of time it is impossible to
comment on all of the recommendations in the reports.
However, we understand that there are a number of
suggestions that could be implemented in the short term
and that have the potential to produce tangible results,
among which I would like to single out the following: the
convening of specific Council consultations aimed at
addressing persistent perpetrators, and the application
of designated criteria for serious violations of children's
rights in all of the relevant existing sanctions regimes,
as is currently the case with those concerning Somalia,
C6te d'Ivoire, the Democratic Republic of the Congo
and the Sudan, without forgetting the more difficult
discussion of how to impose sanctions in cases where
no such regimes exist.
Taking advantage of the momentum created by
the handing down by the International Criminal Court
of the verdict in the Lubanga case and the important
doctrinary contribution that that verdict represents, the
Council could explore various forms of cooperation
with the Court in order to bring pressure to bear on
individuals and entities, with strict respect for its
judicial independence and in the context of the legal
competencies of both entities.
As we have said previously, the gravity and
complexity of the issue mean that all options aimed
at improving the system require in-depth analysis.
Argentina, as a member of the Council, participated
actively in the 2005 negotiations that led to the adoption
of resolution 1612 (2005), convinced of the need to
implement specific measures to protect children affected
by armed conflict and committed to the promotion
and protection of human rights, which is one of the
pillars of its foreign policy. These same convictions
and principles will underlie our participation in future
discussions.
The President: I now give the floor to the
representative of Italy.
Mr. Ragaglini (Italy): I wish at the outset to thank
you, Mr. President, for having convened this open
debate on children and armed conflict. Let me take this
opportunity to commend your country's chairmanship
of the Security Council Working Group on children and
armed conflict. Ijoin other speakers in welcoming the
appointment of the new Special Representative of the
Secretary-General, Ms. Leila Zerrougui, and express
Italy's support for her mandate. Lastly, I thank the
Under-Secretary-General for Peacekeeping Operations,
Herve Ladsous, and UNICEF's Executive Director,
Mr. Anthony Lake, for their commitment to defending
and promoting the rights of children victims of armed
conflicts, as well as the President of the International
Center for Transitional Justice, Mr. David Tolbert, for
bringing his organization's important perspective into
our discussions.
Italy endorses the statement delivered by the
observer of the European Union. It also supports the
comments made by the representative of Canada on
behalf of the Group of Friends on Children and Armed
Conflict, of which Italy is a member.
As a constant advocate of greater Security Council
action to address the scourge of children in armed
conflicts, Italy welcomes the progress made in recent
years in strengthening the protection framework.
Resolution 2068 (2012), adopted today and of which
Italy was a sponsor, confirms this trend. Yet much
remains to be done, and there is no time for setbacks.
We thus call on Security Council members to remain
committed to advancing this critical agenda.
Italy welcomes the Secretary-General's report
(S/2012/261), which remains an essential instrument
for guiding the action of the international community.
We appreciate this year's adoption of new action plans
by a number of Governments, including those of South
Sudan, Myanmar and Somalia. Action plans have
proved instrumental in putting an end to violations
against children. In particular, we congratulate the
Somali authorities on the recent signature of an action
plan against the killing and maiming of children. We
call on all Governments to give concrete follow-up to
their commitments, since sustainable funding for the
release and reintegration of children associated with
armed forces and armed groups is also critical.
Despite those positive notes, the picture is
worrisome. In too many parts of the world, violations
against children are carried out in a climate of impunity.
I wish to highlight in particular the situation of girls,
who are often exposed to unspeakable violence. We
are also extremely concerned by the grave violations
against children committed in Syria. The international
community must not remain silent or inactive. The
perpetrators of those crimes must know that they will
be held accountable for their actions.
That brings me to the alarming increase in the
number of persistent perpetrators, which is cause for
great concern. Impunity undermines the credibility of
the protection system created by the Security Council.
The Council must step up its political engagement in
this field. Cooperation with national and international
courts is also crucial. The convictions of Thomas
Lubanga by the International Criminal Court and of
Charles Taylor by the Special Court for Sierra Leone
highlight the leading role that courts can play in
furthering child protection and promoting deterrence.
We recommend more targeted measures against
individual perpetrators; existing sanctions committees
should be asked to consider Violations against children
in their mandates. The Council should also regularly
invite the Special Representative to provide briefings
on situations of armed conflict that affect children.
The engagement of the entire United Nations
system is critical to ensuring the implementation of the
architecture created by resolution 1612 (2005). That is
why we commend the efforts made by the Department
of Peacekeeping Operations, in cooperation with the
Office of the Special Representative for Children and
Armed Conflict, UNICEF and Save the Children,
to develop a comprehensive and systematic training
programme on child protection and child rights for
all peacekeeping personnel, an initiative Italy has
supported since its inception.
Let me conclude by repeating the call for firm
and united action by the international community and
by the Security Council. We have a solid protection
framework to implement. Any boy or girl that we save
from the scourge of war represents hope for a better
future. Let us never forget this when we discuss the
situation of children affected by armed conflict.
The President: I now give the floor to the
representative of Mexico.
Mrs. Morgan (Mexico) (spoke in Spanish): Allow
me to thank you, Mr. President, for having convened
this debate.
First and foremost, I should like to welcome
Ms. Leila Zerrougui, in her post as the new Special
Representative of the Secretary-General for Children
and Armed Conflict. She can count on my delegation's
support inthis new undertaking. I should like also to take
this opportunity to thank and commend Ms. Radhika
Coomaraswamy for her extraordinary work. I wish also
to express my gratitude for the presentations made this
morning and for the report of the Secretary-General
(S/2012/261), which details the progress made and the
outstanding challenges in this area.
The protection of children in armed conflict is a
matter of great importance to Mexico. Children are the
weakest link of society, and we must therefore spare no
effort to ensure that they are not caught up in the spiral
of violence created by armed conflict.
The Security Council has developed a series of
mechanisms to meet this humanitarian challenge. The
key objective of those actions must be to ensure the
accountability of perpetrators and the non-recurrence
of such acts through an assessment of the progress
made by the parties involved and, where appropriate,
the action taken in the context of international justice.
In that regard, we have before us the verdict
handed down by the International Criminal Court in
March 2012 against Thomas Lubanga, which creates a
positive precedent and contributes to the progressive
development of international case law to deter and
prevent violations of the rights of children.
We have witnessed important successes in this
area. For example, various parties to conflicts have
been removed from the lists contained in the reports of
the Secretary-General, and thousands of boys and girls
who had been recruited by armed groups have been
returned to their communities of origin.
At the same time, we continue to face significant
challenges. We are concerned about the increase in
the number of children maimed or killed as a result
of indiscriminate attacks and through the use of
methods and means of combat that are prohibited under
international humanitarian law.
The Security Council has an array of tools at its
disposal that it must continue to use, in particular in
order to address the challenge posed by of persistent
perpetrators, as indicated by the Secretary-General
in his report. Thus we call on this organ to strengthen
the mandates of peacekeeping operations, political
missions and peacebuilding missions in order to ensure
the protection of children, recognizing the important
contribution made by advisers in the field of child
protection.
We encourage the Security Council Working Group
on children and armed conflict to continue to use all
instruments available to it and to continue to carry out
visits to the field in order to garner more first-hand
information concerning this scourge.
Finally, we commend the work of the four sanctions
committees that have included grave violations of the
rights of children in the criteria for their work, and we
support the recommendation made by the Secretary-
General that the other committees adopt similar
parameters.
We recognize the work of the German delegation
in leading the Working Group on Children and Armed
Conflict and we support the impetus that it has given
to the discussion of the subject. The resolution adopted
this morning (resolution 2068 (2012)) will make it
possible to take stock of the progress achieved and of
gaps in action needed in the field.
However, it is a matter of concern that the Security
Council was unable to draw on the unanimous support
of its members to adopt a resolution on a matter that
has always enjoyed consensus. We regret that the haste
and the inflexibility of a number of States prevented the
resolution from getting the number of supporters and
sponsors that it had garnered on previous occasions.
That is further proof of the urgent need to reform the
working methods of the Security Council in order to
ensure that they are more transparent and accessible
and truly reflect the interests of the international
community.
We express the hope that in the future the Security
Council will be able to continue to work constructively
to meet the legitimate needs of children who are
involved in armed conflicts against their will.
The President: I now give the floor to the
representative of Luxembourg.
Ms. Lucas (Luxembourg) (spoke in French):
Luxembourg warmly welcomes the organization of
today's open debate on the fate of children in armed
conflicts, which allows the Council to renew its
commitment to an issue that deserves our undivided
and continuing attention.
I fully align myself with the statement made by the
representative of the European Union. In my national
capacity, allow me to support those who have hailed
the tireless efforts of Ms. Radhika Coomaraswamy in
her capacity as Special Representative ofthe Secretary-
General. Under her leadership, important progress was
made in the protection of children in armed conflict. My
delegation would also like to take this opportunity to
wish her successor, Ms. Leila Zerrougui, all the best in
her new position. We are convinced that Ms. Zerrougui's
long-standing experience in the field of human rights
and her advocacy in favour of strengthening the rule of
law and the protection of vulnerable groups will make
her a committed Special Representative who will aptly
promote the protection of children in armed conflicts.
Finally, I would like to thank Germany for the important
work it has accomplished at the helm of the Council's
Working Group on Children and Armed Conflict.
Since the last open debate (S/PV.6581), the issue of
children in armed conflicts has made significant strides
forward. First of all, we would welcome successes in
combating impunity. Since the verdicts issued by the
International Criminal Court and the Special Court
for Sierra Leone earlier this year, those responsible for
the recruitment of children under the age of 15 - be
they Heads of State or warlords - know now that their
crime will not go unpunished. As a matter of fact,
it is not only the judgments that matter, but also the
case law derived from them; by rebutting the dividing
line between voluntary and forced recruitment and by
giving a broad interpretation to the concept of "active
participation in hostilities", the International Criminal
Court has put a stop to all the deceptive tricks that those
who are guilty of those crimes have tried to invoke in
order to deny their responsibility.
Among other positive developments, I would also
like to stress progress made in the conclusion of action
plans. In 2011 and 2012, action plans were signed with
eight parties and a ninth is about to be signed with the
Government of the Democratic Republic of the Congo.
Following the full implementation of their action
plans, two parties to the conflicts in Nepal and in Sri
Lanka have been removed from the so-called lists of
shame, which in our mind proves the usefulness and
effectiveness of the system of annexes to the reports
of the Secretary-General. With its resolution 1998
(2011) of 12 July 2011, the Council widened the criteria
for inclusion in the annexes, which now must take
into account attacks perpetrated against schools and
hospitals. We welcome that development in particular,
given the scale of such attacks in recent years.
The progress in the protection of children in armed
conflicts should not, however, lead us to lose our focus
on the matter. While much has been done in the area
over the past few years, much remains to be done over
the next few years. A worrisome increase in the number
ofperpetrators that persist in committing serious human
rights Violations against children reminds us that there
are too many parties that still consider themselves to be
out of the reach of international justice.
Reports, including that of Mr. De La Sabliere, have
noted specific measures to be applied. I shall cite just
a few of them. Additional resources are needed for
monitoring the application of action plans as well as for
the socioeconomic reinsertion of children associated
with armed forces and groups. In that regard, increased
synergy with the Peacebuilding Commission (PBC)
would be useful, given the efforts undertaken by the
PBC in the areas of security sector reform and youth
employment. Furthermore, we understand closer
cooperation with national and international courts to
imply tackling persistent perpetrators in an effective
manner. Finally, to ensure that those measures have
the greatest possible effectiveness, the possibility
of imposing sanctions on responsible parties is an
important tool.
Nevertheless, none of the aforementioned
measures will be effective without the strong political
commitment of the Security Council. We trust that the
Council will continue along the path it began 10 years
ago, putting an end to the violations of children's basic
rights. Luxembourg stands ready to do its part. Our
co-sponsoring of the resolution adopted this morning
is proof of that.
The President: I call on the representative of
Switzerland.
Mr. Seger (Switzerland): I take the floor today
wearing not only my traditional bowtie, but also two
hats - one as the speaker on behalf of the Human
Security Network and the other as the representative of
Switzerland, speaking in my national capacity.
Let me start by speaking on behalf of the Human
Security Network, which is an informal group of States
that advocates a people-centred, holistic approach
to security, complementing the more traditional
understanding of national and international security.
Its membership includes Austria, Chile, Costa Rica,
Greece, Ireland, Jordan, Mali, Norway, Panama,
Slovenia, Thailand, with South Africa participating as
an observer, and my own country, Switzerland.
Let me take this opportunity to thank you,
Mr. President, for convening this important open debate,
which is on one of the priority issues for the Human
Security Network since its inception. Let me also take
this opportunity to thank former Special Representative
of the Secretary-General Radhika Coomaraswamy
for her tireless efforts to protect children from the
devastating effects of armed conflict. We appreciate
the results of the process over the last six years under
the former Special Representative, including the
signing of numerous action plans, the freeing of 10,000
child soldiers and the abolition of child soldiering by
almost all national authorities, and we look forward
to the further development and strengthening of the
monitoring and reporting mechanisms. I would also
like to take this opportunity to warmly welcome the
new Special Representative of the Secretary-General
for Children and Armed Conflict, Ms. Leila Zerrougui.
We congratulate her on her recent appointment and
wish her courage, strength and perseverance for the
important work that lies ahead. In the Network's View,
the contributions of the Special Representative to the
work of the Security Council are fundamental to the
Council's work. We thus encourage the Council to invite
her to regular briefings in order to promote substantive
and interactive discussion.
The Human Security Network welcomes the
submission of the Secretary-General's recent annual
report (S/2012/261), including the listing ofperpetrators
and the highlighting of persistent perpetrators. The
monitoring and reporting mechanisms, the dialogues
and resulting action plans, the work of UNICEF, the
task forces and the recognized partners are all part of
the well-established international framework for the
protection of children in armed conflict.
The Human Security Network is also pleased with
the work undertaken by the Security Council. It has
resulted in a strengthened protection framework for
children in armed conflict, as last seen by the inclusion
of attacks against schools and hospitals as a trigger in
the monitoring and reporting mechanism last summer
(see resolution 1998 (2011)).
Yet, sadly, the issue of persistent perpetrators
of grave Violations against children remains of deep
concern. As of today, 32 of the 52 parties listed for
grave violations against children qualify as persistent
perpetrators. We encourage the Security Council to
consider options for increasing pressure on persistent
perpetrators, as outlined in the Secretary-General's
report, and look forward to a rich discussion on how to
further develop those ideas.
We also call for more efforts to address impunity
and to investigate, prosecute and punish all those who
commit grave violations against children. The verdicts
of the International Criminal Court and the Special
Court for Sierra Leone against Thomas Lubanga
and Charles Taylor are positive steps in that regard.
The convictions warn perpetrators and would-be
perpetrators of unlawful child soldier recruitment that
their crimes will not go unpunished.
Last but not least, the Human Security Network
encourages the Council to enhance its efforts to
approach the protection of civilians in armed conflict
in a systematic and coordinated manner that recognizes
the particular vulnerability of children and women. We
encourage Council members to hold further discussions
on the issue on an open and inclusive basis.
(spoke in French)
Allow me now to speak briefly in my national
capacity.
Further to what I have just said on behalf of the
Human Security Network, it is encouraging to note
the rapid progress. Since last September, for example,
five parties to conflict in the Central African Republic,
South Sudan, Somalia and Myanmar have signed action
plans with the United Nations for the protection of
children. To date, those action plans have been signed
by five of the 10 Government forces listed.
However, the position of children affected by
armed conflict remains of concern at the global level.
Children have been killed, mutilated and recruited by
armed groups, have been Victims of sexual Violence
and are denied humanitarian aid. In order to strengthen
the protection mechanism for children affected by
armed conflict, two more types of serious violation
should be included: abduction and denial of access to
humanitarian aid. Furthermore, Switzerland calls on
States that have not yet ratified the Optional Protocol
to the Convention on the Rights of the Child on the
involvement of children in armed conflict to do so.
We should increase pressure on perpetrators of
violations that persist in their acts. To that end, as
my colleague from Luxembourg has just said, it is
essential that close cooperation be established between
the Security Council and national and international
courts striving to put an end to serious Violations of
international humanitarian law.
Moreover, even more effective steps with regard to
non-State armed actors should be taken. For example,
as the Secretary-General underscores in his report, the
Government of Myanmar refused to negotiate an action
plan between two non-State armed actors and the United
Nations. However, in that regard, the Geneva Call made
possible the signing of the Deed of Commitment under
Geneva Call for the Protection of Children from the
Effects of Armed Conflict by those same non-State
actors. Thus, as that case shows, there are alternatives
and they should be promoted in situations where States
impede cooperation between non-State armed actors
and the United Nations. Switzerland would therefore
like to pay tribute to the outstanding work of Geneva
Call.
In conclusion, Switzerland therefore calls on all
parties to support complementary activities by States,
international organizations and civil society in the
interests of Children who are victims on the ground.
The President: I now give the floor to the
representative of Finland.
Mr. Viinanen (Finland): I have the honour to
address the Council on behalf of the Nordic countries:
Denmark, Iceland, Norway, Sweden and my own
country, Finland.
We wish to thank Germany for convening this
debate and you, Mr. President, for all your work as
Chair of the Working Group on Children and Armed
Conflict. Under your leadership, Sir, the Council
has adopted important new tools. The timeliness of
considering situations of concern, including emerging
ones, has also enhanced.
Let me express our deep appreciation to Ms. Radhika
Coomaraswamy, who recently stepped down as Special
Representative of the Secretary-General after six years
of dedicated and groundbreaking work. We warmly
welcome Ms. Leila Zerrougui to that important position.
She has our full support. We hope that the Council
will continue the excellent practice of inviting her to
brief the Council and its relevant sanctions committees
regularly, especially as situations of concern emerge.
In a decade, the Council has made a significant
contribution towards ending grave violations against
children. We welcome resolution 2068 (2012) adopted
today. It reaffirms the normative basis of the Council's
work and signals the determination to move ahead.
The mechanisms created by the Council have
focused our attention and resulted in concrete action.
Thousands of children used in hostilities have been
released and the response to victims has improved.
Attention to the protected status of schools and hospitals
has increased. We are pleased that the Secretary-
General's annual report (8/2012/261) for the first time
lists armed forces and groups for attacking schools and
hospitals.
We know that the mechanisms work. To date,
19 action plans have been signed. They commit
States and non-State actors to ending the recruitment
and use of child soldiers and other grave violations
against children. In the past 18 months alone, parties
in Afghanistan, Chad, the Central African Republic,
South Sudan, Somalia and Myanmar have entered into
action plans. Also, over time, a total of nine parties
have verifiably complied with their obligations, ended
violence against children and have consequently been
delisted. The parties in Nepal and Sri Lanka were
the most recent. That demonstrates very well that the
mechanisms are also useful in situations that are not
on the Council's agenda, but where grave violations
against children occur.
We commend the efforts of the Security Council
and all parties that have taken those significant steps.
We call on all parties listed in the report that have not
yet committed to action plans to do so.
Despite the progress, it is alarming that serious
violations against children continue to occur every
day, while the perpetrators go unpunished. We are
particularly concerned about the significant increase
in the number of persistent perpetrators. We encourage
the Council to make full use of the toolkit on children
and armed conflict to increase pressure on persistent
perpetrators. We thank the Secretary-General for the
recommendations in his excellent annual report. We
join him in calling for increased political engagement
and the use of targeted measures against persistent
perpetrators. By including grave violations against
children in the designation criteria of four of its
sanctions committees, the Council has already sent
a powerful message that grave violations are not
acceptable and cannot go unpunished.
Judicial mechanisms are another way to increase
pressure and to ensure accountability for violations.
They also help to preserve the credibility of the
Council's determination. The primary responsibility to
investigate and prosecute the most serious international
crimes lies with States themselves. There are persuasive
arguments for enhancing the national capacities to try
alleged perpetrators.
In cases where national trials are not possible, the
International Criminal Court (ICC) is indispensable
in ensuring justice and accountability. In March, the
ICC found Thomas Lubanga guilty of the war crime
of conscripting and enlisting children under the age of
15 and using them to participate actively in hostilities.
In August, the Court gave its first-ever decision on
reparations for Victims in the same case.
We very much welcome those decisions of the ICC
and their contribution to fighting impunity for the most
serious international crimes. We encourage the Council
to continue to demand increased accountability through
national and international mechanisms.
The President: I call on the representative of
Estonia.
Mr. Kolga (Estonia): First, I would like to join
others by thanking the Security Council for organizing
this open debate today and by expressing gratitude to
the President of the Council for his continuous efforts
as Chair of the Working Group on Children and Armed
Conflict. That is an issue that certainly deserves the
attention of the Security Council, the body with the
primary responsibility for international peace and
security. We also welcome resolution 2068 (2012)
adopted today.
Estonia fully aligns itself with the statement
delivered by the observer of the European Union
earlier today. Allow me also to convey our gratitude
to the former Special Representative of the Secretary-
General for Children and Armed Conflict, Ms. Radhika
Coomaraswamy, for her valuable work, and to welcome
Ms. Leila Zerrougui to her new post. We assure
Ms. Zerrougui of our full support.
Estonia welcomes the Secretary-General's report
(S/2012/261) on which today's debate primarily
focuses. We believe it is of utmost importance that the
Secretary-General's report continue to be delivered in
its current form, with both annexes.
The rights of the child are one of Estonia's human
rights priorities. The United Nations has an important
role to play in advocating and protecting the global
system of human rights standards, including the rights
of the child. There are a range of tools that the United
Nations system, including its principal organs, has to
either prevent or react to human rights violations - the
Human Rights Council is one of the most important
of them. Estonia is applying for membership to the
Council for the years 2013 to 2015, and looks forward to
advancing the agenda of children's rights as a member
of the Human Rights Council, if elected.
Estonia strongly condemns all kinds of violence
against children and violations of children's rights. We
are very concerned about the reports of children being
tortured and targeted in Syria. According to the Chair
of the independent international commission of inquiry
on the Syrian Arab Republic, Mr. Paulo Pinheiro, who
presented the Commission's last report only two days
ago in Geneva, "Gross violations of human rights have
grown in number, in pace and in scale. Civilians, many
of them children, are bearing the brunt of the spiraling
Violence". He also pointed out that half ofthe 1.2 million
internally displaced persons are children. Estonia calls
upon all parties involved in the conflict to respect their
obligations under international humanitarian law and
protect children.
Often, perpetrators of grave Violations against
children in situations of armed conflict enjoy impunity.
Currently, 53 parties are listed in the annexes to the
Secretary-General's report on children and armed
conflict. We are alarmed that this year the number of
persistent perpetrators has doubled to 32.
However, there is also reason for hope. In addition
to the progress made on signing action plans to end
the recruitment of child soldiers, we welcome the
two milestone verdicts against Thomas Lubanga
and Charles Taylor. Those convictions are important
steps in advancing the rights of children by lending
credence to the international community's commitment
to ending impunity for the recruitment and use of
children in armed conflict. Moreover, those verdicts
are a powerful warning signal to perpetrators, having
thus a deterrent effect. Ms. Coomaraswamy stated in
2010, when she gave her testimony as expert witness
before the International Criminal Court (ICC), that the
ICC's prosecution of the crime of child recruitment
encouraged many groups to approach the United Nations
to negotiate action plans for the release of children from
their ranks. That illustrates the important effects that
criminal proceedings against perpetrators of the worst
human rights violations can have. Estonia agrees with
the Secretary-General that amnesties should not be
applied to individuals who recruited or recruit children.
While Mr. Lubanga's conviction is a landmark,
more must be done to address the problem globally. We
call on all States that have not yet done so to join the
Rome Statute ofthe ICC. States should also extend their
full cooperation to the ICC, including by identifying
and locating witnesses, arresting and surrendering
accused persons in their territories, and cooperating in
the implementation of reparations to the victims.
Even in ideal circumstances, international courts
and tribunals can hope to prosecute only a small number
of perpetrators. And while effective investigations
and prosecutions at the national level are potentially
powerful tools to deter future crimes by closing
the impunity gap, they are often stymied by lack of
resources, willingness and capacity. We must therefore
strengthen national judicial systems to investigate
and prosecute grave Violations, including those
against children. We support the Secretary-General's
recommendation to States to enact appropriate national
legislation to criminalize grave violations against
children in that respect. We call upon the international
donor community, United Nations agencies and other
partners to support Member States in developing and
strengthening national capacity for those purposes.
We also welcome Ambassador De la Sabliere's
action-oriented report on the Security Council
engagement on the protection of children in armed
conflict and strongly support his recommendation that
the Security Council pursue a complementary approach
with the ICC, which would exert strong pressure on
certain individuals and entities. We are pleased to be
able to note that the basis for increased cooperation
between the Court and the United Nations was created
by testimony of the former Special Representative in
the Lubanga trial.
Raising awareness at the local level concerning
the association of children with armed groups is of the
utmost importance. We cannot achieve tangible success
if children's rights are not considered to be universal
norms globally. The role of civil society and local
non-governmental organizations (NGOs) cannot be
underestimated in this context. The local community
plays a key role in collecting information on possible
violations. NGOs ought not to be impeded in their work
or be instrumentalized by States.
In disseminating information on children's rights
and especially on the issue of children in armed
conflict, social media and modern information and
communication technology should be used more
broadly. A good example of that is the children and armed
conflict smart phone application, which was launched
today by the Mission of Liechtenstein in cooperation
with Watchlist on Children and Armed Conflict and
the Special Representative of the Secretary-General for
Children and Armed Conflict.
I would like to finish with the quote of the former
Sierra Leonean child soldier and author of the published
memoir, A Long Way Gone: Memoirs ofa Boy Soldier,
Ishmael Beah:
"We as human beings, as nations, as the
international community, have the capacity to
end the use of children in war. We must not waste
another minute...".
The President: I call on the representative of the
Republic of Korea.
Mr. Shin Dong Ik (Republic of Korea): At the
outset, let me express my sincere appreciation to you,
Mr. President, for convening this meaningful open
debate on children and armed conflict. I would like
to extend a special welcome to the newly appointed
Special Representative of the Secretary-General for
Children and Armed Conflict, Ms. Leila Zerrougui. My
delegation is confident that her extensive experience and
in-depth wisdom will contribute greatly to achieving our
noble cause of protecting children in armed conflicts.
My appreciation also goes to the Executive Director of
UNICEF, Mr. Anthony Lake; Under-Secretary-General
for Peacekeeping Operations, Mr. Herve Ladsous; and
President of the International Center for Transitional
Justice, Mr. David Tolbert, for their insightful remarks.
The Republic of Korea highly values the
meaningful progress made over the past couple of
years on a normative framework for the protection of
children in armed conflicts. The most relevant recent
achievements include last year's adoption of resolution
1998 (2011). My delegation notes with satisfaction
that, in accordance with the request of the Security
Council through its resolution 1998 (2011), the report
of the Secretary-General (S/2012/26l) includes, for the
first time, parties to conflict that engage in attacks on
schools and hospitals.
Despite the progress, however, my delegation
is concerned about the continued plight of children
affected by armed conflict in many parts of the world.
Of particular concern is the growing list of persistent
perpetrators of grave violations against children,
which has doubled since last year. According to the
Secretary-General's report, 32 parties have been listed
as persistent perpetrators. My delegation believes that
decisive and immediate action against them needs to
be taken.
Against this backdrop, my delegation would like to
underline the following four points with regard to the
targeted measures to address the issue of children and
armed conflict.
First, linkages with the Security Council sanctions
regime should be further developed and strengthened.
My delegation is pleased that, in July, the Committee
established pursuant to resolutions 751 (1992) and
1907 (2009) concerning Somalia and Eritrea expanded
its sanctions designation criteria to include grave
violations against children, which increased the number
of sanctions committees with designation criteria from
two to four. We hope that all other sanctions regimes
will include these designation criteria.
Secondly, the United Nations efforts to mainstream
the protection of children in armed conflict need to be
further strengthened. We share the View contained in
the Secretary-General's report that specific provisions
for the protection of children, including the deployment
of child protection advisers to all relevant missions.
Thirdly, we would like to encourage those parties
listed in the Secretary-General's report that have yet
to conclude action plans to do so as soon as possible.
It is encouraging that the parties to conflict in Nepal
and Sri Lanka were de-listed after their successful
completion of Council-mandated action plans to end
the recruitment and use of children. Additionally, five
more parties entered into similar agreements with the
United Nations in 2011. Through these action plans, my
delegation hopes that perpetrators will be brought to
justice thorough investigation and prosecutions.
Fourthly, my delegation believes that continued
attention needs to be paid to the issue of rape and other
forms of sexual Violence against children in situations
of armed conflict. We have been strongly supportive
of the listing of parties responsible for sexual crimes
against children, pursuant to resolution 1882 (2009).
In this connection, we encourage close cooperation
between the Special Representative for Children and
Armed Conflict and the Special Representative on
Sexual Violence in Conflict in order for them to better
address the difficulty in collecting and systematizing
information on sexual violence against children in
conflict situations.
The Republic of Korea hopes that today's open
debate will serve as a valuable occasion to reconfirm
the strong commitment of the international community
to alleviating the suffering of children affected by
armed conflict. In conclusion, my delegation reiterates
its commitment to continued cooperation with the
international community to that end.
The President: I now give the floor to the
representative of Chile.
Mr. Errazuriz (Chile) (spoke in Spanish): 1 thank
you, Mr. President, for convening this open debate on
such a crucial and important issue. We recognize the
important work done by the German delegation on the
delicate matter of children and armed conflict.
Chile aligns itself with the statements made by the
representatives of Switzerland on behalf of the Human
Security Network and of Canada on behalf of the Group
of Friends of Children and Armed Conflict.
Chile attaches great priority to the work of
the Organization to combat and eradicate the use,
involvement or recruitment of children in armed
conflicts. Our own region has, unfortunately, not been
spared this scourge. In this regard, we believe that the
annual report presented by the Secretary- General to the
Security Council on this matter, the most recent of which
was published in April (S/2012/261), their annexes and
the recommendations issued by the Working Group on
Children and Armed Conflict on how better to tackle
the scourge are of the greatest interest and importance.
In the same vein, we would like to express our
gratitude for the effective management of the former
Special Representative of the Secretary-General
for Children and Armed Conflict, Ms. Radhika
Coomaraswamy, and for the progress that she achieved
in terms of new action plans, which point the way
towards reducing and putting an end to these violations.
In addition, we offer our best wishes to the new Special
Representative of the Secretary-General, Ms. Leila
Zerrougui, in this crucial work and express my country's
support for the efforts undertaken to combat these illicit
acts and the impunity of their perpetrators.
As stated by the Special Representative of the
Secretary-General herself, the global picture on this
matter is mixed. We certainly welcome the delisting of
countries and parties from the so-called list of shame
and the fact that others have designed action plans
in order to channel their resolve to end these grave
violations through verifiable procedures, all of which
is reflected in the report of the Secretary-General.
The listing of new parties who commit such
atrocities, however, shows that this situation is far from
resolved. In this regard, the series of reports of the
Secretary-General on the situation in Syria and other
countries where many children have been the Victims of
Violence as a result ofmilitary operations only confirms
the unacceptable violence afflicting that country, which
must end. Moreover, we must also be concerned by the
list, contained in annex 1 of the Secretary-General's
report, of parties to conflict responsible for attacks
against schools and hospitals, the particular gravity of
such acts and the sanctions that these acts should entail.
In this regard, for Chile, the list drawn up
by the Secretary-General on so-called persistent
perpetrators - that is, parties that have been listed
for more than five years as the perpetrators of various
violations against children in armed conflict - should
encourage Council action on how to effectively
communicate to these parties that their actions will lead
to their repudiation by the international community and
will strengthen the international community's resolve
in ensuring that their acts will not go unpunished and
that such sanctions become a reality. The Council must
consider, on an urgent basis, specific measures tailored
to those perpetrators and the expansion of the sanctions
committees' criteria that would be triggered by acts of
violence perpetrated against children in situations of
armed conflict.
In conclusion, my country reiterates its call for the
ratification of the Optional Protocol to the Convention
on the Rights of the Child on the involvement of children
in armed conflict.
The President: I now give the floor to the
representative of the Democratic Republic of the Congo.
Mr. Gata Mavita wa Lufuta (Democratic Republic of the Congo) (spoke in French): At the outset, allow
me to express my pleasure in seeing you, Sir, preside
over the Security Council this month. I would also like
to thank you for having convened this open debate,
which in the View of my delegation bears witness to the
importance the Council attaches to the fate of children
in armed conflict.
As was well noted by Ms. Radhika Coommaraswamy,
former Special Representative ofthe Secretary-General
for Children and Armed Conflict, in the annual report
of 28 June to the Human Rights Council in Geneva,
thousands of children continue to be killed, mutilated
or abducted. They are subject to sexual violence or lack
access to humanitarian aid and health care in many
countries. In several countries, Ms. Coommaraswamy
said, they have even been used to commit suicide
bombings or have served as human shields.
After the democratic elections in 2006 and 2011,
the people of North and South Kivu had every reason
to hope for sustainable peace in that part of the
Democratic Republic of the Congo. The success of the
joint military operations between the Forces armees de
la Republique democratique du Congo (FARDC) and
the United Nations Organization Stabilization Mission
in the Democratic Republic of the Congo (MONUSCO)
were instrumental in raising that hope. Progress has
been made in reducing threats to the security of the
people and in improving the Government's ability to
ensure that security. I commend the efforts made by the
Child Protection Section of MONUSCO for protecting
the rights of Congolese children.
Paragraphs 34, 35 and 36 ofthe Secretary-General's
report (S/2012/261) concern acts committed by the
FARDC in its former composition, which included
elements from the Congres national pour la defense du
peuple, which in 2012 became the March 23 Movement
(M-23) rebel group, under the leadership of Jean-Bosco
Ntaganda and Sultani Makenga. It is precisely due to the
M-23 that violence has spiked in North Kivu since rebels
who deserted the Congolese army in early April turned
their weapons against the same army. The basic reason
for this increase in violence in the eastern Democratic
Republic of the Congo is the Congolese Government's
determination to cooperate with the International
Criminal Court to pursue perpetrators of war crimes
and crimes against humanity, and in particular crimes
against children committed by gangs led by Jean-Bosco
Ntaganda, Sultani Makenga and others.
Along these lines, we would remind the Council that
the ongoing war in that area of the Democratic Republic
of the Congo, particularly in and around the province
of North Kivu, has brought with it a new increase of
violence and other types of crime, whose main victims
are women and children. The most frequent violations,
usually perpetrated in complete impunity, are killings,
systematic rapes, abductions, sexual torture, illegal
arrests and detention, forced displacements and the
conscription of children, as well as extreme forms of
torture and cruelty.
Many of the Secretary-General's reports, including
that before the Council today, underscore serious
violations of human rights committed against children
in North Kivu by M-23 rebels, supported by Rwanda.
According to a report by Human Rights Watch issued
on 11 September, since June 2012 M-23 fighters
have killed in cold blood at least 15 civilians in the
areas under their control, sometimes because these
individuals were suspected to be hostile. They have
also raped at least 46 women and girls; the youngest
victims was eight years old.
There has been an enormous number of
displacements following the violence in North Kivu,
where children continue to be enlisted by the M-23 and
forced to work in the extraction of natural resources.
Other tactics, such as the destruction of agricultural
infrastructure, are used by various armed groups to
force local people to participate in the extraction of
natural resources. Children are also used in quarries to
break rocks for gravel. Once extracted, coltan, which
is used in electronics, the mineral emits high levels of
radioactivity that helps explain numerous respiratory
problems that are often deadly and to which children
who have broken and transported coltan rocks fall
Victim. Those who survive are also traumatized by
vandalism and barbarous acts committed by M-23
rebels. They are forced to watch, powerlessly, as their
families and friends are killed before their eyes. They
are reared in communities that have no familial or
societal structures, in camps for displaced persons, or
they live in the streets or other dangerous situations,
and actively serve these armed groups.
Thousands of child victims of the M-23 have
suffered terrible moral and bodily wounds. This
situation requires reparation to compensate for the
emotional damage these children suffer, including
depression, loss of self-esteem, stress, involuntary
abortions for young rape victims, infant mortality and
sexually transmitted diseases, among others. Here, I
am the voice of these children, whose families, often
in horrible economic situations, would want specific
reparations measures to be implemented. Reparations
should also cover the total damages inflicted on these
individuals. It could be in the form of restitution,
compensation, readaptation, and guarantees that such
crimes will not recur.
Displaced children have Virtually no access to
education, which makes them more vulnerable to being
recruited into armed groups. Here, as emphasized by
Ms. Florence Marshal, the spokesperson for the United
Nations country team during the assessment mission
of UNESCO for the school year 2012-2013, schooling
for almost 85,000 children in North Kivu has been
undermined this year by security issues linked to the
war. She indicated that school rooms in 258 schools
in the province are being used by displaced families,
preventing children from going to school. She noted that,
in some places, furniture for schools had disappeared
and that benches and desks had been used for firewood.
Many schools were unable to resume classes following
clashes with armed groups.
Given the scope of this challenge, the Congolese
Government and civil society have spared no effort
in tackling the situation. It must be noted that the
Democratic Republic ofthe Congo has made significant
headway in combating sexual violence. Among
the many activities undertaken by the Government
to deal with the issue, I note that the law of 20 July
2006 contains significant innovations over the formal
Congolese penal code, as follows.
The defining age of Victims of sexual violence has
been raised from 14 to 18; in other words, an 18-year-
old girl is today considered to be a minor. Thus, any
sexual activity to which she may be subject without
her consent is a crime. These new provisions are a
true revolution in customs. Moreover, forced marriage,
forced prostitution, exploitation of children, sexual
slavery, zoophilia and genital mutilation are considered
to be crimes and the perpetrators can be subject to
severe punishments. The violation of a minor, for
example, leads to 10 to 20 years in prison, while sexual
violence is punishable by 1 to 12 years. The new law
on sexual violence, while retaining these infractions,
has also added 16 new ones, drawn from international
humanitarian law.
A new innovation in this law is the relevance of
a perpetrator occupying a post in Government. That
is, no one can claim immunity to escape justice if the
individual has perpetrated an act of sexual Violence.
The law also reaffirms that the situation of children
in armed conflict can only improve if all parties
to a conflict uphold their commitments and their
international obligations and, when necessary, are held
accountable for their behaviour.
Beyond the dismal situation of children in the
eastern part of the Democratic Republic of the Congo,
there is reason to advocate for increased donor support
to establish programmes and policies that will improve
the safety and rights of all Congolese children. My
delegation therefore welcomes the commitment and
positive actions of the Secretary-General who, through
his Special Representative for Children and Armed
Conflict, has stressed the obligation to bring to justice
the perpetrators ofattacks against schools and hospitals.
The adoption of resolution 1998 (2011) and the first
verdict of the International Criminal Court in the case
of Thomas Lubanga, which defined the recruitment and
use of children as a war crime, provide a deterrent for
the perpetrators of Violations against children.
It should also be noted that, despite the progress
made, particularly with respect to the ratification
of the Convention on the Rights of the Child and its
Optional Protocol, the solutions envisioned are at risk
of remaining dead letter so long as the perpetrators
of the crimes involved continue to go unpunished. It
is important to encourage a process of reparation with
the goal of reinstating children's rights, as well as to
implement protective measures to prevent children
from being attached to armed forces and groups.
To conclude, my delegation is pleased that the
Office of the Special Representative has made the fight
against impunity for crimes committed during armed
conflicts one of its main priorities. The Government
of the Democratic Republic of the Congo assures the
Office of the Special Representative that it will fully
cooperate in implementing the action plan for children
that will be adopted by our country.
The President: I remind all speakers to limit their
statements to no more than four minutes.
I now give the floor to the representative of
Liechtenstein.
Mr. Barriga (Liechtenstein): At the outset, let me
join others in thanking you, Sir, for organizing this
timely debate. My delegation aligns itself with the
statement delivered by the representative of Canada on
behalf of the Group of Friends of Children and Armed
Conflict, but also wishes to make a few points of its
own.
We welcome the annual report of the Secretary-
General on children and armed conflict (S/2012/261),
and we warmly welcome the appointment of the new
Special Representative of the Secretary-General,
Ms. Leila Zerrougui. We reaffirm in the strongest terms
our continued support for the mandate of the Special
Representative. Despite today's vote, it remains clear
that that mandate also includes situations of concern
other than those on the agenda of the Council. We
thank the former Special Representative, Ms. Radhika
Coomaraswamy, and her Office for their highly
dedicated work, and we welcome the latest expansion of
the trigger of the monitoring and reporting mechanism
to recurrent attacks on schools and hospitals. We call on
the Council to expand the trigger to the two remaining
grave Violations: denial of humanitarian access and
abductions. We further call on the Council to ensure
that Special Representative Zerrougui regularly briefs
the Council and its Working Group, including on
situations such as those in Libya and Syria.
The report of the Secretary-General once again
makes for disturbing reading. We are particularly
concerned about the increasing number of persistent
perpetrators listed in its annex. It is imperative for the
Council to use all the tools at its disposal to strengthen
accountability and to stop those tragic developments.
The Council should expand, where relevant, the
mandates of existing sanctions committees, and also
consider allowing the Working Group to directly apply
target measures against individuals. Furthermore,
the Council should enhance its cooperation with
international courts and make more frequent use of its
power to refer situations to the International Criminal
Court (ICC). The recent ICC sentence against rebel
leader Thomas Lubanga for recruiting and using child
soldiers in hostilities shows the relevance of the Court
in that regard. We also believe that the ICC's deterrent
effect should be applied to other situations, such as that
in Syria.
Without effective investigations and prosecutions,
national criminal laws will exert little deterrent effect.
We must therefore increase our efforts to strengthen the
capacity of national courts to investigate and prosecute
violations against the rights of children. That is in line
with the principle of complementarity, according to
which international courts should get involved only as a
last resort. Ultimately, the responsibility to protect and
respect the rights of children in armed conflict rests
with the parties themselves. We call on all persistent
violators to develop and implement action plans that
may eventually lead to their delisting. To that end, the
States concerned must allow direct contacts between the
Office of the Special Representative of the Secretary-
General and the relevant non-State actors.
A further way to strengthen the United Nations child
protection system is to apply the Security Council's
normative framework on child protection in a more
consistent manner. Research reveals that the Council
often fails to reflect its thematic agenda in its country-
specific work. In close partnership with Watchlist on
Children and Armed Conflict and with the support ofthe
Office of the Special Representative of the Secretary-
General, we have developed a mobile application that
seeks to increase the impact of the Council's agenda
on the mission mandates of peacekeeping operations
and on the criteria for sanctions committees. The
application will provide policy-makers - those in this
Chamber - with readily available key documents and
appropriate language for negotiations. The application
was launched today by the Special Representative of
the Secretary-General at an event organized by the
Mission of Liechtenstein, in cooperation with Watchlist
on Children and Armed Conflict. I would like to take
this opportunity to thank everyone who attended the
event and made it a success.
The President: I now give the floor to the
representative of Australia.
Ms. King (Australia): We wish to thank you, Sir,
and to thank Germany, for your continued leadership on
this Vital subject. We also thank the Secretary-General
for his latest report (S/2012/261). Regrettably, it makes
for sobering reading, detailing the depth and extent of
the deplorable violations of children's rights occurring
around the world. Australia welcomes the continuing
attention paid to this issue by the Secretary-General
and the United Nations system, and the Secretary-
General's continue provision of annual reports on such
an elemental humanitarian concern.
Australia would like to thank Radhika
Coomaraswamy for her steadfast work and to
congratulate Leila Zerrougui on her appointment as
the new Special Representative on Children and Armed
Conflict. Australia is strongly supportive of her mandate
and we encourage the Security Council to receive
regular briefings from her, including on emerging
situations of concern. We also commend the ongoing
work of UNICEF, the Department of Peacekeeping
Operations and other partners in the field. The active
efforts of the United Nations have raised awareness of
this issue, and have built understanding, capacity and
accountability. We welcome the Council's expanded
set of triggers for listing perpetrators, as well as the
introduction of designation criteria for grave violations
against children in four sanctions committees. We urge
other committees to adopt similar measures.
Australia also welcomes the mainstreaming of
children's protection into country-specific action
taken by the Council. The monitoring and reporting
mechanism, to which Australia continues to contribute,
is an invaluable tool in adding to our understanding
of country situations. Action plans are helping to end
violations against children, and we welcome the signing
of new action plans in Afghanistan, the Central African
Republic, Chad, Myanmar, Somalia and South Sudan.
In Chad, we note the significant decrease in the number
of reported cases of child recruitment, and applaud the
Government for funding, with the United Nations, a
joint protection of civilians strategy. We encourage
other affected States to conclude child protection action
plans and to devote the necessary resources to their full
implementation.
Ending impunity and creating a culture of
accountability is also crucial to ensuring non-recurrence.
The convictions of Thomas Lubanga and Charles Taylor
are important symbols to the world that justice can be
delivered.
While Australia recognizes the significant progress
that has been made, we remain deeply concerned
that grave Violations continue to occur, including in
Syria, where the independent commission of inquiry
has found evidence of targeting, arbitrary arrest and
detention, torture and sexual assault of children by both
Government forces and shabiha members. Regrettably,
as Ambassador De la Sabliere noted in his 10-year
report, little progress has been achieved with non-State
actors. Australia calls on the Security Council to
take appropriate, targeted action against persistent
perpetrators.
Sustainable funding is essential to assisting States
to strengthen their child protection frameworks, build
resilience and promote peace and security. Australia
is providing support for prevention and reintegration
efforts alike. They have included training, education
and development opportunities for former child soldiers
and children affected by armed conflict in Nepal,
Liberia, Uganda and South Sudan, as well as support
to Watchlist to build the capacity of non-governmental
organization partners in monitoring, reporting and
response activities.
In conclusion, the Council has taken significant
steps in recent years to highlight the importance of
protecting children in armed conflict. But actually, we
can never do enough to protect children. They are, after
all, the future.
The President: I now give the floor to the
representative of Bosnia and Herzegovina.
Ms. Colakovic' (Bosnia and Herzegovina): I would
like to thank you, Mr. President, for convening this
debate and for all your efforts as Chair of the Working
Group on Children and Armed Conflict. We also
thank recently appointed Special Representative of the
Secretary-General Leila Zerrougui, Under-Secretary-
General for Peacekeeping Herve' Ladsous, the Executive
Director of UNICEF, Mr. Anthony Lake, and the
President of the International Center for Transitional
Justice, Mr. David Tolbert, for their comprehensive
briefings today.
Bosnia and Herzegovina attaches great importance
to the issue of children in armed conflict, as the most
vulnerable group, and underlines the significance
of keeping it on the Council's agenda. It should be
emphasized that all parties to armed conflict must
strictly comply with their international obligations
and the relevant provisions related to the rights and
protection of children in armed conflict. Member States
should work on their obligations and adopt appropriate
measures in national legislation with regard to the
recruitment of children and their protection from all
forms of violence. If nationaljudicial systems fail to do
so, international justice mechanisms, criminal courts
or tribunals can be valuable tools to bring perpetrators
to justice and put an end to impunity.
The latest report of the Secretary-General
(S/2012/261) highlights the increase in the number
of persistent perpetrators. In light of that fact, the
Security Council should pay more attention to and put
pressure on parties to conflict. Moreover, we believe
that the useful practice of briefing the Security Council
sanctions committees should be continued.
We cannot remain silent about disturbing reports of
armed conflict affecting the lives of children. Attacks
on schools and hospitals are part of the daily life of
children in conflict settings. Therefore, we urge all
parties involved to respect schools and hospitals as
protected areas and zones of peace. We have to send
a strong message, collectively, that not a single child
should be deprived of the chance of having a safe and
secure life and future, including the right to education.
Significant efforts have been made regarding the
signing and implementation of action plans with parties
to conflict. It is also important to increase efforts to
engage the parties in meaningful dialogue in order
to prepare, sign and implement time-bound action
plans. The process should be well coordinated among
different actors in the field, in close consultation with
the host Government, non-governmental organizations
and donors. Therefore, we support all efforts of the
United Nations to enter into dialogue with parties
to armed conflict. Violations of those provisions
should not be tolerated or go unpunished. Allowing
independent access of relevant United Nations actors
is indispensable to monitoring and reporting on grave
violations against children. Specific provisions for the
protection of children need to be included in all relevant
mandates of United Nations peacekeeping operations
and political and peacebuilding missions, so that the
existing child protection capacity can be strengthened.
In conclusion, I would like to stress that Bosnia
and Herzegovina endorsed the Paris Principles and
Commitments on 26 September 2011 during the fourth
ministerial meeting held in New York. It was an
additional step to show our commitment and make a
modest contribution to the protection of children, and
to demonstrate our support for that agenda.
The President: I now give the floor to the
representative of Slovenia.
Ms. Stiglic (Slovenia): Allow me first, Mr. President,
to thank Germany for organizing this important event
and for your leadership on this issue, which, significant
as it is now, must also remain high on our agenda in
the future. Slovenia would like to align itself with the
statements made by the observer of the European Union
and on behalf of the Human Security Network and the
Group of Friends of Children and Armed Conflict.
We would like to thank Secretary-General for his
annual report (A/2012/261). Slovenia strongly supports
the report in its current form, including the two annexes
therein. We welcome the appointment of Ms. Leila
Zerrougui as the new Special Representative for
Children and Armed Conflict, and we extend our full
support for her mandate. At the same time, we would
like to commend the former Special Representative,
Ms. Radhika Coomaraswamy, for her outstanding work
and dedication to the protection of children affected by
armed conflict in the past six years. We look forward to
the continuation of good cooperation with the Special
Representative and her Office in the future.
Since the establishment of the mandate of the
Special Representative 15 years ago, the protection
of children affected by armed conflict has improved
significantly. Many have contributed to that result,
including the Security Council, with its framework
for the protection of conflict-affected children. We
commend the Security Council for the work done and at
the same time encourage it to continue at the same pace
in the future. It should never be forgotten that children
around the world still suffer from armed conflict and
its consequences in fragile post-conflict situations.
We would like once again to welcome the expansion
of triggers to include attacks or threats of attacks on
schools and hospitals and encourage the Security
Council to consider the two remaining grave violations
against children in conflict as triggers in due time.
Slovenia remains concerned over reports about
the state of protection of children affected by armed
conflict around the world in 2012, which remains
critical, such as the situation in Syria. We will continue
with our efforts in rehabilitation processes for children
affected by armed conflict, performed by Slovenia's
International Trust Fund for Demining and Mine
Victims Assistance, an organization committed to
enhancing human security.
We welcome the signing of action plans in 2011 and
2012. Action plans make an important contribution on
the ground to ending grave violations against children.
In order to complete such initiatives, access by the
United Nations to non-State armed groups, facilitated
by Governments, is crucial.
Due to the vulnerability of children, the issue of
children and armed conflict deserves special attention
and should be considered as an issue per se. However,
the issue should be a part of a larger picture when
addressing a specific country situation. Therefore, we
encourage the Security Council and its Working Group
to continue with regular briefings with the Special
Representative for Children and Armed Conflict,
including on emerging situations.
Peace negotiations and peace agreements should
include the issues of children affected by armed
conflict. Grave violations committed against children
in armed conflict should be designation criteria in
all relevant sanctions regimes, and in that regard we
encourage the continuation of briefings by the Special
Representative for Children and Armed Conflict to all
relevant sanctions committees.
The Security Council should ensure that specific
provisions for the protection of children continue to
be included in all relevant mandates of United Nations
peacekeeping operations, as well as political and
peacebuilding missions, including by the deployment
of child protection advisers. Child protection capacity
should be systematically addressed also in situations
where there is no peacekeeping or political mission.
Furthermore, we believe that the Working Group's
toolkit on children and armed conflict presents an
adequate instrument to address this issue properly, and
encourage the Working Group to make full use of it.
Grave violations committed against children in
armed conflict should be investigated and perpetrators
should be brought to justice. In that regard, Slovenia
welcomes the convictions of Thomas Lubanga at the
International Criminal Court and Charles Taylor at the
Special Court for Sierra Leone. Both create important
jurisprudence for future cases on the issue of child
recruitment in national and international courts.
In conclusion, Slovenia would like to express
concern over the increase in the number of parties
that have been listed in the annexes to the report
of the Secretary-General for more than five years,
which amounts to more than half of the parties listed.
In that regard, we support the Secretary-General's
recommendations to the Security Council addressing
the persistent perpetrators, and welcome the report of
Ambassador De La Sabliere.
Over the years, a wide international network has
been developed by partners from the United Nations
system, regional organizations, Governments and civil
society to protect children affected by armed conflict.
Slovenia is honoured to be a part of it and calls on all
to preserve this network, since armed conflict is no
place for children. It is also for this reason that Slovenia
joined in sponsoring resolution 2068 (2012) .
The President: I give the floor to the representative
of Thailand.
Mr. Sinhaseni (Thailand): At the outset, I would
like to congratulate Germany on its presidency of the
Security Council for the month of September, and
to thank you, Sir, for convening this important open
debate. I also join previous speakers in congratulating
Ms. Leila Zerrougui on her appointment as Special
Representative of the Secretary-General for Children
and Armed Conflict. We wish her every success in
discharging her responsibilities under her mandate and
look forward to working closely with her to that end.
Thailand is no less concerned than any other
country when it comes to violence against children in
all forms, not least in situations of armed conflict. We
recognize that the United Nations has an important
role to play in protecting children in such situations
and consider it incumbent upon Member States to help
the United Nations perform this task as efficaciously
as possible. It is in this spirit that I offer the following
Views.
First, we need to strengthen collaboration and
coordination within the United Nations system, as
well as between the United Nations and concerned
Governments. It speaks well of our love for children
that a large number of agencies, committees and treaty
bodies under the United Nations umbrella work on
child-related issues under various mandates. To make
the best use ofour time and resources, we need to ensure
that such mandates are clearly defined and carried out
in a transparent and accountable manner.
Secondly, we urge Security Council members
to consult further to clarify the listing and delisting
criteria. At present, once a country is put on the list, it
is not objectively clear what it must do to be removed.
The list thus becomes a hall of shame, rather than a
potential tool to encourage countries to work with the
United Nations on the shared goal of protecting children
in situations of armed conflict.
Thirdly, Thailand would like to stress the importance
of information used as the basis for the reports of the
Secretary-General and of the Special Representative of
the Secretary-General. Such information needs to be
accurate, objective, reliable and verifiable, as stipulated
in paragraph 17 of resolution 1998 (2011). Inaccurate
information can lead to misdirection of resources and
efforts, not to mention much more serious consequences.
Finally, we must be ever mindful of the risk of
unintended consequences. The road to hell, it is said,
is paved with good intentions. To achieve the intended
results, along with good intentions we must also have
reliable information and a willingness to listen and
learn. As the State has the primary responsibility for
the protection of children, it is important for the United
Nations to at least work with Governments, rather than
against them.
Like any other Government, Thailand has the best
interests of its children at heart. We will continue to
work closely with the United Nations system on this
important issue to ensure to the best of our ability that
they are well protected.
Mr. President: I give the floor to the representative
of Belgium.
Mr. Grauls (Belgium): I thank you, Sir, for
allowing my delegation to take the floor during this
debate and for Germany's leadership on this issue.
Belgium aligns itself with the statement made by the
observer of the European Union. My delegation also
fully supports what was said on behalf of the Group of
Friends of Children and Armed Conflict.
Like so many other delegations, my delegation
would like to take this opportunity to express our
sincere and profound gratitude and admiration for
the work of former Special Representative Radhika
Coomaraswamy. Her efforts and commitment have
greatly contributed to the advancement of the issue of
children and armed conflict on the United Nations and
indeed the international agenda.
My delegation would also like to congratulate
Ms. Leila Zerrougui on her recent appointment as
Special Representative of the Secretary-General for
Children and Armed Conflict. As a long-term supporter
of the mandate, Belgium and my delegation are looking
forward to working closely with her and with her office.
We welcome the annual report of the Secretary-
General (S/2012/261), as well as the report prepared by
Ambassador De La Sabliere, whom my delegation would
also like to commend. Ambassador De La Sabliere was
one of the first supporters of the cause of children in
armed conflict and his commitment is unabated to this
day. The annual report of the Secretary-General speaks
of progress made and of challenges that remain in
addressing grave violations committed against children
in armed conflict. It is a balanced but realistic approach
to that important issue.
Important successes have indeed been achieved
towards preventing the commission of grave violations,
by the signing of several new action plans, which are
key tools in protecting children from current and future
abuse. Belgium was particularly satisfied to learn from
the Special Representative's statement to the Human
Rights Council last week that the Government of the
Democratic Republic of the Congo has committed itself
to the signing of an action plan with the United Nations
to end the recruitment of and sexual violence against
children in the security services of the Democratic
Republic of the Congo. My delegation does hope that
this commitment will materialize soon.
Significant progress has also been made in the fight
against impunity. The conviction of Thomas Lubanga
by the International Criminal Court on the issue of
child recruitment can undoubtedly be considered as a
landmark judgment in the efforts to combat impunity.
But there are also challenges. And the biggest
challenge lies, no doubt, in the increasing number of
persistent perpetrators who deliberately continue to
ignore the resolutions of the Security Council. In our
opinion, the Security Council has no other option than
to increase even further the pressure on those persistent
perpetrators of grave violations against children and
to continue considering the application of targeted
measures against the criminals. That is simply an issue
of accountability for grave Violations against children,
and as we all know accountability is a deterrent.
Belgium also shares the concern of the Secretary-
General and the Special Representative concerning
the use of explosive weapons, especially in densely
populated areas. We deplore that explosive weapons
have been used in direct physical attacks against
schools and hospitals. Those acts constitute a grave
violation of children's rights. Belgium strongly
supports the concrete recommendations made by the
Special Representative regarding the use of explosive
weapons with wide-area effect in populated areas,
and calls for the universalization of the relevant
international instruments, including the Conventions
on the prohibition of antipersonnel mines and cluster
munitions.
Belgium also welcomes the increased cooperation
on the issue of children in armed conflict with regional
organizations, such as the European Union and NATO,
in particular in the field of training, awareness-raising
and conduct of operations.
My delegation encourages Ms. Zerrougui to
strengthen this type of cooperation with other
organizations, such as the African Union, the Association
of Southeast Asian Nations and the Organization of
Islamic Cooperation.
Lastly, Belgium wishes to reiterate its support
for the joint universal ratification campaign of the
Special Representative, UNICEF and the Office of the
High Commissioner for Human Rights. My delegation
encourages all States that have not yet done so to ratify
the Optional Protocol to the Convention on the Rights
of the Child on the involvement on children in armed
conflict.
I have two final comments. First, Belgium would
like to launch an appeal to the wider United Nations
membership, and to the members of the Security
Council in particular, to support, without any hesitation
or reluctance, the mandate of the Special Representative
as it stands. The interests of children worldwide will
only be served, and their rights protected, when children
at last cease to be helpless victims in the cynical game
of power politics.
Let me also react to statements we have heard in
this Chamber with regard to national sovereignty. For
my country, it is crystal clear that sovereignty, as a
matter of principle, should never, ever be invoked in
order to deprive children of the protection they deserve,
since sovereignty is a means for a State to protect its
own citizens, whatever their age. Allowing the United
Nations access in situations of concern, and allowing
it to report and verify incidents of violations against
children, is, in Belgium's View, merely part of a correct
implementation of the sovereignty principle.
The President: I now give the floor to the
representative of the Syrian Arab Republic.
Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): I would first like to congratulate Ms. Leila
Zerrougui, the new Special Representative of the
Secretary-General for Children and Armed Conflict,
on her appointment and to wish her every success with
her mandate. We hope that she, too, will be able to
leave her own mark in fulfilling that mandate, and that
it will be very different from the style adopted by her
predecessor.
We have noted with concern the report of the
Secretary-General on children and armed conflict
in the document before us (S/2012/261), due to
the misinformation that it contains, submitted by
the outgoing Special Representative, Ms. Radhika
Coomaraswamy. In our View, this is not a professional
report and does not provide an accurate reflection of
the facts. Apparently, the author was motivated by a
desire to harm Syria and to tarnish its reputation,
questioning its international commitments concerning
the protection of children and ending violence against
children in situations of armed conflict.
We therefore entirely reject all the allegations in
the report about Syria and denounce the politicization
of this important humanitarian issue, which is chiefly
concerned with the safety and security of children
in my country. Before they drafted this report, we
should have preferred that its authors substantiate their
information, rather than basing it solely on allegations
that have appeared in the media and that can be
attributed to hostile propaganda efforts being waged
against Syria. We would have preferred that the authors
at least acquaint themselves with the views of the
Syrian Government, which we sought to communicate
to Ms. Coomaraswamy from the very onset of these
events.
The author of the report has imputed the entire
responsibility for the acts of violence perpetrated
against children to the Syrian armed forces, accusing
them of bombing schools and killing and maiming
children, thus deliberately contradicting dozens of other
political and media reports, as well as the eyewitness
accounts of non-governmental parties, which provide
evidence of armed groups' use and recruitment of
children by forcing them to take up arms, participate
in terrorist activities, and obey orders given by the
leaders of terrorist groups to kill and vandalize private
and public goods and property. These are facts about
acts on the ground that even the Secretary-General has
been unable to deny in the report, due to the fact that
they cite credible allegations that armed groups are
recruiting children.
The latest report of the international commission
of inquiry on the situation in Syria also underscores
the fact that anti-Government armed groups have
recruited children under the age of 18 to participate in
combat or provide support by helping to evacuate the
wounded or act as messengers for the armed groups.
In that context, I recall that the Syrian Arab Republic
is not only a party to the Convention on the Rights of
the Child, but since 2003 has also been a party to its
Optional Protocol on the involvement of children in
armed conflict. As always, we remain committed to
upholding our obligations under these international
conventions.
We should also have preferred that the Special
Representative include in the paragraphs concerning
Syria the acts that have been perpetrated by armed
terrorist groups that have been supported and financed
by foreign parties. Those groups have burned or
destroyed more than 2,600 schools, nurseries and
kindergartens, and targeted health centres. These acts
have been detailed in UNICEF reports. In fact, it is those
armed groups that are violating the rights of the child in
Syria and hindering the evacuation of the wounded, the
sick, children and disabled from certain areas, where
they have been taken as hostages, as was the case in
the city of Homs, confirmed by the representative of
the International Committee of the Red Cross. As a
gift to the children on their return for the first day of
school, the armed groups bombed a primary school
near Damascus, causing dozens of injuries among
the students. In spite of this, none of the advocates of
children's rights or education rights have intervened. It
seems strange to us that, as usual, the forces oflaw and
order are being accused of these very actions.
In her statement today, the Special Representative
stated that she had asked me to convey to the Syrian
armed forces her appeal to evacuate the schools.
However, she omitted to include my response to her
appeal, and I would therefore like to convey what
I said to her regarding the situation of schools in
Syria. This reply was prepared at the fifth meeting
of the humanitarian forum on Syria, which took
place in Geneva under the aegis of the Office for the
Coordination of Humanitarian Affairs on 7 September.
At the end of that meeting, a communique was
issued. I shall quote one of its paragraphs, the same
paragraph that I had brought to the attention of the
Special Representative:
(spoke in English)
"The Regional Humanitarian Coordinator,
who is, as is well known, based in Damascus
and who works for OCHA, briefed on the rapidly
deteriorating humanitarian situation resulting from
the recent escalation of violence, said that the local
community's ability to support people who have
fled their homes has been largely exhausted. Of the
1.2 million people displaced, more than 1 million
are sheltering in 470 schools and other public
buildings. The need to find alternative shelter
is urgent, particularly as the new school term is
scheduled to start on 16 September."
(spoke in Arabic)
In other words, the OCHA Coordinator in
Damascus explained to the Special Representative that
schools in Syria served as places ofrefuge for displaced
families and were not being used as emplacements
for Government forces. Again, this is an eyewitness
account from the Coordinator.
Moreover, the Special Representative has received
reports and documents concerning a phenomenon
that has been noted in certain Arab States and which
is known as halal, or authorized, sexual jihad, which
allows the targeting of Syrian girl children living
in refugee camps in Turkey and Jordan. That type of
jihad authorizes marriage to such girl children, aged
14 to 16, in exchange for a modest sum. The Special
Representative also confirmed 86 documented reports
of rape that occurred in Turkish refugee camps.
We would have also preferred that the report make
mention of the illegal unilateral economic measures
that have been imposed on Syrian children, who are
their primary victims because of the difficulty in
transferring funds resulting from the blockade imposed
on the national banks, which has seriously hampered
the provision of vaccines and medications to children.
We were equally taken aback to find that the report
devotes eight paragraphs to Syria while failing entirely
to mention the suffering endured by Syrian children
under the decades-long Israeli occupation of the Syrian
Golan. Those children, too, suffer on a daily basis as a
result of the crimes committed by the Israeli occupiers
and daily Violations of their most basic rights: the
right to life, education, food and water. That is not to
mention the continuing suffering resulting from the
antipersonnel mines laid by Israel in the territory of
the occupied Golan. Such mines have led to the deaths
of 202 Syrian children and have caused 329 others to
suffer from permanent disabilities. For years, on dozens
of occasions, we drew Ms. Coomaraswamy's attention
to the need to focus in particular on this matter in her
reports. However, she consistently ignored that request.
Although the suffering of children in situations of
armed conflict has been brought to light as a result ofthe
work of the Special Representative, her statement was
devoid of any mention of the suffering of Palestinian
children living under Israeli occupation. Here I would
simply like to remind the Special Representative
of the fact that Israel, since 29 September 2000, has
killed more than 1,500 Palestinian children. It would
be equally appropriate to mention the Iraqi and Libyan
children who also lost their lives as a result ofthe NATO
military interventions in those two countries. We wish
also to recall the anniversary of Sabra and Shatila.
The Syrian Government reaffirms its right to
protect its citizens and, on the basis of the ethical norms
of the Security Council and in keeping with the Charter
of the United Nations, my country calls on the members
of the Security Council once again to bring pressure to
bear on those countries that are funding terrorism in
Syria, so that they desist from supporting those terrorist
groups and refrain from arming or financing them or
facilitating their operations, in keeping with Security
Council resolutions on the combat against terrorism.
My country also calls for greater emphasis to be
placed on the need to repeal the unethical and illegal
sanctions that have been imposed on my country, Syria.
The President: Once again, I would remind all
speakers to limit their statements to no more than four
minutes.
I now give the floor to the representative of Iraq.
Mr. Al Bayati (Iraq): At the outset, I would like
to congratulate you, Sir, on your assumption of the
presidency of the Security Council for this month
and to express my delegation's appreciation for what
was mentioned in the annual report of the Secretary-
General (S/2012/261) on children and armed conflict
presented to the Security Council, covering the period
from January to December 2011. I would like also to
congratulate Ms. Leila Zerrougui on her appointment
as the Special Representative of the Secretary-General
for children and armed conflict, and I wish to express
our willingness to cooperate with her within the scope
of her new mandate.
I would like to thank Ms. Zerrougui; Mr. Herve
Ladsous, Under-Secretary-General for Peacekeeping
Operations; Mr. Anthony Lake, Executive Director
of UNICEF; and Mr. David Tolbert, President of the
International Center for Transitional Justice, for their
presentations. I would like to express our View that
they all mentioned the situation of children and armed
conflict in many countries in our region and the world
without mentioning the situation in Iraq. That means
that the situation in Iraq is not as bad as in all the
countries that were mentioned this morning in the
Security Council, although we continue to say that we
still have difficulties, challenges and problems because
of the violence perpetrated by terrorist groups such as
Al-Qaida and its affiliated groups, such the Islamic
State of Iraq.
In addition, Mr. Ladsous spoke about United
Nations peacekeeping forces in many countries in our
region and the world, but we have had no such forces
in Iraq since 2003, which is a good indication of the
fact that we do not have armed conflict in Iraq. In
fact, in her letter responding to my question about the
definition of armed conflict, Patricia O'Brien, Under-
Secretary-General for Legal Affairs, wrote:
"Common Article 3 of the 1949 Geneva
Conventions and Additional Protocol II to the
Geneva Conventions of 1977 address situations
of non-international armed conflict. Article I of
Protocol II sets forth certain additional criteria
in respect of non-international armed conflicts. It
states that Protocol II applies in respect of armed
conflicts 'which take place in the territory of a
High Contracting Party between its armed forces
and dissident armed forces or other organized
armed groups which, under responsible command,
exercise such control over a part of its territory as
to enable them to carry out sustained and concerted
military operations and to implement this Protocol.'
It also specifies that it does 'not apply to situations
of internal disturbances and tensions, such as riots,
isolated and sporadic acts of violence and other acts
of a similar nature, as not being armed conflicts.'
Thus, under international humanitarian law, an
"armed conflict' of a non-international character is
more than a sporadic act of violence, and 'a party
to an armed conflict' must be (i) organized, with
a responsible command structure; (ii) exercise
control over a part of a territory; and (iii) be able
to carry out sustained and concerted military
operations, which criteria are cumulative in nature.
We trust that the foregoing will be of assistance to
your authorities in determining whether the concept
of armed conflict applies in the circumstances of
Iraq."
It is obvious that the concept of armed conflict set
forth in the Geneva Conventions does not apply to Iraq
because in Iraq we are no longer experiencing more
than sporadic acts of violence and terrorist attacks.
My Government believes that there are terrorist groups
who are attacking Iraqi civilians, including children,
but that we do not have armed conflict in Iraq.
With regard to the report of the Secretary-
General (S/2012/261), we would like to make the
following observations. In paragraph 41 and many
other paragraphs, the report describes Al-Qaida and
its affiliated groups, such as the Islamic State of Iraq,
as armed groups. Secretary-General Ban Ki-Moon has
condemned the attacks perpetrated by those groups
as terrorist attacks, for example in his statements on
11 March 2010 and 3 November 2010. In addition, the
Security Council has condemned the attacks carried
out in Iraq by those organizations and described them
as terrorist attacks in each of its statements, the most
recent being SC/10757, issued on 11 September 2012.
It is therefore important to characterize those groups
as terrorist organizations and their attacks as terrorist
attacks in order to be consistent with the language of
the Secretary-General and the Security Council.
Paragraph 41 also states that there were 341
incidents in which children were victims during the
reporting period, 117 of which were verified by the
country monitoring and reporting task force. We
believe that the report should include only verified
incidents, as that leads to greater accuracy, given that
reported numbers could sometimes be exaggerated.
Official statistics issued by the Iraqi Ministry of
Health show that only 96 children were the victims of
terrorist attacks in 2011. The report also mentions that
children were reportedly seen manning checkpoints
of the Awakening Council checkpoints. However, the
Awakening Councils have been officially merged with
the Iraqi Armed Forces, and children are prohibited to
serve in the Armed Forces pursuant to Iraqi law and the
Iraqi Constitution.
In paragraph 42, the report mentions that armed
groups such as Al-Qaida and the Islamic State of
Iraq are continuing to recruit children. In the same
paragraph, the report points out that children are
being used to carry out espionage, reconnaissance,
transport of military equipment, videotaping attacks
for propaganda purposes, planting of explosives and
actual participation in attacks against civilians and
security forces, which suggests that children are doing
almost everything for Al-Qaida terrorist groups. That
is an obvious exaggeration of the role of children. The
report also states in paragraph 42:
"It should be noted that the Al-Qaida in Iraq's youth
wing 'Birds of Paradise', listed in my previous
report for recruitment and use of children, was no
longer active in the current reporting period."
In paragraph 43, the report states that a number of
children were indicted or convicted of terrorism-related
charges under the Iraqi anti-terrorism law. We would
like to point out that if those children were being used
by Al-Qaida for terrorist attacks, as is mentioned in
the previous paragraph in the report, then they could
be indicted and convicted. Legislation from all over
the world permits the indictment and conviction of
children who commit crimes. In the same paragraph,
the report also mentions that in the last three months
of 2011 there was an increase in the number of child
detainees awaiting trial who had been accused of being
associated with armed groups and committing crimes
related to terrorism. We would point out that those
trials are handled by independent judicial authorities
in application of relevant Iraqi laws designed to counter
terrorism perpetrated against civilians and other
innocent people, whose deaths and injuries have been
witnessed throughout the world thanks to television
coverage of brutal terrorist attacks in Iraq.
Paragraph 44 of the report mentions a number
of deaths and injuries among children caused by the
continuation of Violence in 2011. It further mentions
that the ability to investigate those incidents remains
limited due to security concerns related to monitoring
and observation activities. We would like to point out
that United Nations Assistance Mission for Iraq has
staff stationed all over Iraq which could, together with
the country team monitoring and reporting task force
associated with the Office of the Special Representative
of the Secretary-General, investigate those incidents
mentioned in paragraph 41 of the report, in which the
verification of 117 incidents is noted.
Paragraph 47 of the report mentions that the
kidnapping of children is used to finance the
operations of armed groups that are not part of the Iraqi
Government. In the same paragraph, the report states
that "an 11-year-old boy was abducted near his house
in June 2011 by perpetrators claiming to be members of
ISI". That shows that kidnappings are used to finance
terrorist groups.
Paragraph 48 points to 54 incidents affecting
schools and hospitals during 2011. We would note that
those numbers of incidents have not been confirmed.
We also believe that the numbers are very small given
the hundreds of thousands of schools, hospitals and
health centres all over Iraq. Children attend school in
a normal fashion throughout the country; this small
number of incidents does not affect them.
In paragraph 48, the report also states that
"[t]wenty-seven education personnel and 17 medical
workers were killed or injured in different incidents
that included direct shooting and improvised
explosive devices".
We hereby express the need for full respect and
observance of the children and armed conflict mandate.
Situations that do not fall within the terms of the
mandate should not be included in the reports of the
Secretary-General, in order to preserve the integrity of
the mandate. The report also states in paragraph 48 that
"[a]rmed groups, including Al-Qaida in Iraq and ISI,
were responsible in all reported cases".
In conclusion, I would like to stress an important
fact of which the Security Council is aware. As the
Secretary-General said in one of his reports, Iraq
today is not the Iraq of prior to 2003. Iraq today is a
constitutional, parliamentary and federal democracy
ruled by a Government, elected by the people of Iraq,
that is protecting the rule of law and human rights,
especially the rights of the Iraqi children.
We once again thank the Special Representative
of the Secretary-General for Children and Armed
Conflict and her Office for their efforts and we express,
as a priority of the Iraqi Government, our readiness and
happiness to cooperate with them within the framework
of the new mandate and with all bodies of the United
Nations in order to guarantee the rights of Iraqi children.
The President: I call on the representative of
Kenya.
Mr. Kamau (Kenya): I congratulate Germany on
assuming the presidency of the Security Council for the
month of September, and we are very encouraged by
the initiative to hold this open debate today. We believe
that today's debate presents an excellent opportunity
for Member States to reaffirm their strong support for
this important mandate.
At the outset, my delegation warmly welcomes the
appointment of Ms. Leila Zerrougui as the new Special
Representative of the Secretary General for Children
and Armed Conflict. Her exceptional ability, breadth of
vision and wide experience should ensure the successful
execution of her mandate.
Similarly, my delegation welcomes the most recent
report of the Secretary-General on children and armed
conflict (S/2012/261).
We appreciate the many activities that the Office of
the Special Representative has undertaken. We believe
that action plans, participation in ceasefire negotiations
and de'marches with various countries have gone a
long way towards improving the lives of innocent
children who become the victims of conflict and
strife. My delegation pledges to engage constructively
with the Office to achieve the set objectives. Lastly,
my delegation also recognizes and appreciates the
continued exemplary work of UNICEF in the support
of children in armed conflict.
Long before the Graca Machel study, which gave
rise to this mandate, was undertaken, Kenya recognized
the importance of championing the rights of its children
and of ensuring their protection. The promotion and
protection of the rights of children in any situation has
become the sine qua non for policies and interventions
implemented by the Government of Kenya. For that
reason, the protection of children has been interwoven
into the very survival of society. Such actions are now
firmly anchored in the Kenyan sociocultural fabric,
where children were and still are considered the
mainstay of the bright future that we all hope to obtain.
In following the same tradition, Kenya has invested
considerable efforts and resources in advocating for
and promoting the protection of the rights of children.
The Kenyan Constitution is a pillar of hope for every
man, woman and child. It has clear provisions on the
rights of children. Priority has been given to education,
health care, protection, water, food and the provision
of a safe environment in which children can grow,
enjoy their lives and develop. Our national legislation
has elaborated on the various rights and encompasses
service provision under the supervision of strengthened
national institutions mandated to monitor and evaluate
any child-related intervention.
We are confronted by the challenges of protecting
children in all situations. The burden is odious in
times of conflict, but children must be protected
in all situations nonetheless. The situation will be
exacerbated if institutions charged with protecting
children are weak. The process of ensuring that children
are protected during conflict has to begin before any
conflict is envisaged. We should be able to address the
triggers of conflict. The specific underlying causes of
strife, conflict or civil intimidation that are the primary
deniers of peace and security are many, varied and
well documented. They range from deficient States
and infrastructure to competition and from the illegal
exploitation of resources and the inequitable sharing of
the fruits of development to failed governance practices.
The international community must work in tandem
to dim the embers ofconflict. The most urgent agenda on
which people and their Government mostly agree is the
need for urgent, sustained and accelerated development
and a rise in prosperity. The United Nations system has
a major role to play in that regard. Agencies, funds and
programmes play important roles in strengthening the
capacity of countries to promote and protect the rights
of children. As the new Special Representative of the
Secretary-General begins herjourney on this mandate,
my delegation urges her to continue working with
such developmental and humanitarian organizations
to strengthen the capacities of countries to address the
myriad of challenges facing our children.
The Council would readily understand Kenya's
concern for the dire fate of the many Somali children
who are under the repression and terror of Al-Shabaab
in that country. After decades of the slaughter of
innocent men, women and children, an incalculable
loss of property and indescribable suffering and
deprivation, the international community, led by the
regional neighbours, has undertaken concrete steps
to ameliorate the situation in Somalia. We urge the
Special Representative and agencies and funds of the
United Nations, non-governmental organizations and
well-wishers not to lose sight of the children who have
been recruited into the ranks of Al-Shabaab and, for
that matter, other gangs and terrorist groups.
The children of whom I speak need to be helped to
leave the ranks of such armed terrorist groups and gangs,
to relocate and rejoin their families and communities,
and to regain their childhood and liberty. My delegation
therefore urges the international community to
continue supporting the efforts of the African Union
and neighbouring countries of Somalia to bring peace
to that country and to guarantee its children a brighter
future.
As I conclude, I would like to express my
delegation's deep gratitude for the work of Ms. Radhika
Coomaraswamy, the immediate former Special
Representative of the Secretary-General, for her
dedicated service to the cause of children. I wish her
the best in her future assignments.
Finally, my delegation wishes to reiterate its support
for the mandate of the Special Representative of the
Secretary-General. I also wish to restate the truism
that life for children will ill be much better if we not
only recognize the interconnectedness among security,
human rights and development, but also dedicate
resources to improving children's lives everywhere
and to supporting countries that are in difficulties in
providing such rights.
The President: I now give the floor to the
representative of Nigeria.
Mr. Sarki (Nigeria): I join other speakers in
congratulating you, Sir, on assuming the presidency of
the Council for this month. I also thank you for your
initiative, Mr. President, in organizing this important
debate on children and armed conflict, as well as
for the concept note (S/2012/685, annex) intended to
provide direction for our discussion today. As conflicts
and crises continue to break out around the world, with
an obvious negative impact on the most vulnerable
members of society, mainly children and women, the
time for such a debate could not be more appropriate.
Nigeria appreciates that the Security Council
continues to place a great priority on the plight of
children in armed conflict in its work. Indeed, Nigeria
had the opportunity to contribute to the process during
its stewardship of the Security Council through its
participation in the Working Group on Children and
Armed Conflict.
The various resolutions on the issue of children and
armed conflict are testimony to the commitment of the
Council to address the subject matter. Furthermore,
the various action plans adopted by countries is also
evidence of adherence to and support for the Security
Council's leadership in that domain. I congratulate
all Member States that have adopted action plans,
recognizing their determination to address the serious
predicament in which children in conflict zones often
find themselves.
At this point, let me commend the former Special
Representative of the Secretary-General for Children
and Armed Conflict, Ms. Radhika Coomaraswamy, for
her invaluable role in placing the plight of children in
conflict high on the United Nations and international
agendas.
I would also like to welcome and congratulate the
new Special Representative of the Secretary-General,
Leila Zerrougui, on her well-deserved appointment. She
assumes her responsibility at a time of great challenges
for children around the world. Children, women and
other vulnerable groups are exposed to hardship and
terrible danger in many conflicts around the world.
We share Ms. Zerrougui's conviction on the scope
of the work that needs to be done to protect children
in conflict areas. We assure her of our unflinching
support in the discharge of her responsibilities. We
also wish to acknowledge the input into this meeting
of Mr. Herve Ladsous, Under-Secretary-General
for Peacekeeping Operations, Mr. Anthony Lake,
Executive Director of UNICEF, and Mr. David Tolbert,
President of the International Center for Transitional
Justice. In recent times, the international community,
including the Security Council, has taken a determined
stance against perpetrators of grave violations against
children. The steady growth in the number of action
plans and the increasing adherence to international
human rights and humanitarian law are contributing
to mobilizing concerted international action aimed at
ensuring the safety and welfare of children, especially
in conflict zones. In that context, we are encouraged by
progress made with regard to increasing accountability
for perpetrators of the six types of grave violations
against children in armed conflict.
Nevertheless, more needs to be done, as we all
have a responsibility to protect those vulnerable
and defenseless members of society. National and
international efforts must therefore be intensified to
ensure accountability as a means of deterrence and
to bring the perpetrators of those acts to justice. The
Security Council in particular and the international
community in general have an important role to play
in those endeavours. We share the Secretary-General's
assessment on the need for concerned Member States
to allow independent access for the United Nations
for the purposes of monitoring and reporting on grave
violations against children.
Efforts should also be intensified, in accordance
with the suggestions made by the Secretary-General
and the Special Representative of the Secretary-
General for Children and Armed Conflict, to secure
adequate resources for the purpose of the rehabilitation
of children released from recruitment, as well as for
exploring the possibilities of establishing legal and
administrative mechanisms for paying reparations to
child Victims of grave violations. In addition, we should
ensure that specific provisions for the protection of
children continue to be included in all relevant mandates
of United Nations peacekeeping operations, as well as
political and peacebuilding missions and other United
Nations planning instruments and processes.
We believe that it is the responsibility ofthe Council
to provide leadership in the global effort to set aside the
necessary political, financial and legal resources for the
achievement of our objective of protecting children in
armed conflict.
Before coming here, I was at the African Union
secretariat, where we listened to the new Special
Representative of the Secretary-General on Sexual
Violence in Conflict. We believe that those two evils
are two sides of the same coin - children and armed
conflict and sexual violence against women. Most
of those human rights violations happen in conflict
situations. We urge the Council to address those issues
concurrently and to keep them always on its agenda.
The President: I give the floor to the representative
of New Zealand.
Mr. McLay (New Zealand): We thank you, Sir, and
your country, Germany, which holds the presidency
of the Council this month, for ensuring consideration
of this issue, and indeed for the excellent work you
have done as Chair of the Working Group on children
and armed conflict. It is the second year in a row that
you, Sir, have demonstrated leadership on this very
important topic.
New Zealand was very pleased to be a sponsor
of resolution 2068 (2012), adopted today, which
strengthens the Council's children and armed conflict
agenda, and we applaud its passage, although we do
regret the lack of unanimity.
We welcome the appointment of Ms. Leila
Zerrougui as the new Special Representative for
Children and Armed Conflict. She brings outstanding
credentials to her critically important task. We join
Belgium, the United Kingdom of Great Britain and
Northern Ireland and many others in urging all States
to support all aspects of her mandate without let or
hindrance, without qualification. We join Kenya and
others in paying tribute to the courage, professionalism,
and, in the light of some recent comments, I
underline the word professionalism, leadership and
Vision of the former Special Representative of the
Secretary-General for Children and Armed Conflicts,
Radhika Coomaraswamy, whose unwavering efforts
demonstrated the importance of a continuing mandate
for addressing abuses of children in armed conflict.
A very clear majority of United Nations Member
States abhor the use and abuse of children in armed
conflict, so we see today's debate as a very important
opportunity for those countries to demonstrate their
political will that the matter be aggressively addressed
by the Council as part of its role in maintaining peace
and security.
Children - innocent children - must be protected
and must receive particular attention from the Council.
Likewise, we welcome thematic resolutions on children
and armed conflict as an important signal that the
Council will tackle the issue.
New Zealand is a member of the Group of Friends
on Children and Armed Conflict and endorses all the
comments made by the representative of Canada on
behalf of the Group. I will not repeat what was said, but
I will make a comment on just four matters very briefly.
First, it is clear that, over the past year, specialized
offices and reporting mechanisms continued to perform
essential functions. Through that reporting, the
Secretary-General has recounted appalling situations
requiring the urgent attention of the United Nations and
its Member States. His report also identifies some of
the successes in protecting children, and we commend
those achievements. So, we say quite unequivocally
that specialized reporting with all its disclosures must
continue.
Secondly, we wish to see greater mainstreaming of
the children and armed conflict agenda, with its issues
being considered across all areas of the Council's work,
including all relevant mandates of United Nations
peacekeeping, political and peacebuilding missions,
and also by deploying child protection advisers in
accordance with the child protection policy of the
Department of Peacekeeping Operations. New Zealand
regards the protection of children as fundamental to the
maintenance of peace and security, which means that it
must be factored into all relevant decisions across the
Council's agenda.
Thirdly, greater use of sanctions, or just the
threat thereof, should be a useful tool in meaningfully
addressing the most serious abuses of children,
particularly those committed by persistent perpetrators.
In situations that are already subject to sanctions,
political will is required to address the specific issue
of child protection. Situations that are not currently
subject to sanctions require a degree of innovation in
the Council's working methods. We urge that political
will and that innovation.
We also call for greater use of child protection
experts in sanctions committees' groups of experts. We
commend the sanctions committees on Cote d'Ivoire,
the Democratic Republic of the Congo, Somalia and
the Sudan for including designation criteria on grave
Violations against children.
Finally, accountability is essential, particularly
in respect of breaches that constitute war crimes and
crimes against humanity. We encourage greater support
and assistance to national judicial mechanisms to
prevent impunity for perpetrators of those grave crimes.
We particularly urge that priority be given to providing
international assistance for capacity-building in national
judicial systems. Moreover, where national judicial
mechanisms are unwilling or unable to investigate or
prosecute, we see a clear role for international criminal
tribunals and for the International Criminal Court.
In that regard, we welcome the recent outcomes
of the Taylor and Lubanga proceedings, both of which
made significant advances in the fight against impunity
for war crimes committed against children. They are,
as Belgium described them, landmark decisions.
Above all, we recognize and commend the gains
and successes made in the children and armed conflict
agenda. But, so long as thousands of children remain
subject to the horrors of armed conflict, we will not
rest, and we will do all we can to push forward this
agenda in all its aspects, and, hopefully, with even more
favourable outcomes. We cannot hear that particular
plea from the mouths of, to use the biblical phrase,
babes and sucklings. So we, the peoples of the United
Nations, must make that plea on their behalf.
The President (spoke in Spanish): I give the floor
to the representative of Uruguay.
Mr. Cancela (Uruguay) (spoke in Spanish): I would
like to begin by thanking the German delegation for
convening this most timely open debate on children in
armed conflict. Allow me also to express our gratitude
for the presence of the new Special Representative of the
Secretary-General for Children and Armed Conflict,
Ms. Leila Zerrougui, and to inform her that she can
count on our full support for the accomplishment of her
mandate.
We emphasize the importance of continuing to
draw on the substantive reports submitted by the
Special Representative, which allow us to appraise the
progress that has been achieved as well as any pending
challenges.
Nonetheless, we note that the impact of armed
conflicts and the increase in the number of perpetrators
of grave violations against children remain a source
of concern. This item is on the agenda of the General
Assembly, a forum in which my country has played
an active role every year in seeking to strengthen the
responsibility of that forum of universal composition
in a thematic area that is part of its mandate and is a
concern shared by all.
However, Uruguay also wishes to recognize the role
played by the Security Council through the adoption of
numerous resolutions calling for taking specific actions
aimed at ending the illegal recruitment and exploitation
of children in conflict zones. We acknowledge the
contribution made by the International Criminal Court,
which has classified as war crimes acts of sexual
violence and acts of recruitment or enlisting involving
minors under 15 years of age or their use for active
participation in hostilities during armed conflicts, as
well as the actions of the other international tribunals
that have included the protection of children in their
respective remits. In that regard, we believe it is
essential to fight tirelessly against the impunity of the
perpetrators of grave violations against children, which
clearly flouts international law.
We therefore encourage the Security Council to
refer such cases to the International Criminal Court.
Cooperation with national and international courts
is a fundamental step towards ensuring effective
accountability in such situations. My delegation believes
that we must pay greater attention to the reintegration
of children associated with armed groups, as well as
those children who have been the victims of other grave
human rights violations, in particular in cases of sexual
abuse or exploitation.
We highlight the essential importance of effective
disarmament, demobilization and reintegration
programmes for the well-being of all children affected
by armed conflicts. These efforts must enjoy adequate
human and financial resources and must be community-
based in order to facilitate the sustained and successful
reintegration of those children.
The social reintegration of children also implies
the careful consideration of the cases of minors who
have been accused of crimes committed during their
association with armed forces or groups. In such cases,
the children should be primarily considered as victims
and should be treated in accordance with international
legislation within the framework of a judicial system
for minors that is aimed at their social rehabilitation.
The President: I give the floor to the representative
of the Philippines.
Mr. Cabactulan (Philippines): Mr. President, I
thank you for this opportunity to address the Council
on the issue of children and armed conflict.
The eleventh report of the Secretary-General
(S/2012/261) on the matter describes exhaustively and
in detail the dire situation of children recruited, killed,
maimed and violated by groups in situations of armed
conflict on the Security Council's agenda.
The Philippines wishes to note, therefore, the
efforts undertaken by the Special Representative of
the Secretary-General to keep us all informed about
the developments on the ground and to posit possible
ways by which we can address the circumstances
and the contexts that expose our societies' most
vulnerable - our children - to the most difficult
realities of our modern world, namely, armed conflicts.
At the same time, however, it is equally important that
the report must impartially reflect the situation on the
ground.
In that regard, the Philippines welcomes the
appointment of Ms. Leila Zerrougui as Special
Representative of the Secretary-General for Children
and Armed Conflict. Her independent and impartial
office plays an instrumental and pivotal role in putting
forward positive, transparent and balanced actions that
will help permanently lift children from the quagmire
of violence and restore to them the full rights that they
deserve. The task, as we can plainly see, is not an easy
one and much more needs to be done and properly
evaluated in that area.
The issue of children in armed conflicts is
multidimensional and requires concerted, coherent
and coordinated decisions and actions on the part of
all stakeholders. While Governments are rightly held
accountable for their duty to protect children and
their rights, it must be emphasized that the issue of
accountability likewise lies with all parties concerned.
Therefore, the political will of all stakeholders and
parties, particularly persistent perpetrators, will be key,
if we are to make more concrete and visible progress on
the issue.
The Philippines notes that despite the efforts of
stakeholders, through the years, the number of persistent
perpetrators has increased drastically, a concern that
continues to draw on the Security Council's attention
and time. Permit me then to highlight some points that
we hope will help build on past and current efforts.
The listing and delisting criteria for parties should
be clear, transparent, objective and balanced. As the
Philippines has stated before, the Security Council may
wish to assess the level of commitment and the scope
of mechanisms, efforts and outcomes on the ground as
indicators for the delisting of parties.
As we remain focused on these goals, the Security
Council may wish to consider a stronger focus on the
encouragement that delisting can bring in order to
sustain efforts aimed at protecting children in armed
conflicts. It would, in fact, be an indicator of failure on
the part of the Security Council and the United Nations
if the list were expanding. There should be movement
from list 1 to list 2, and subsequently, graduation
from those lists. While being seized of the matter,
the decision adopted this morning in resolution 2068
(2012) starts with graduation from the list and will let
appropriate agencies or bodies do their job to secure
the improvement of actions in favour of the children
concerned. At the same time, that would free up the
Council so that it can engage itselfin the most prominent
issues regarding international peace and security.
The discussion ofthe issue ofpersistent perpetrators
must be in keeping with the mandates of the Security
Council and the Working Group on Children and
Armed Conflict.
The current monitoring efforts must be in keeping
with paragraph 2 (d) of resolution 1612 (2005), which
stresses that
"any dialogue established under the framework of
the monitoring and reporting mechanism by United
Nations entities with non-State armed groups
in order to ensure protection for and access to
children must be conducted in the context of peace
processes where they exist and the cooperation
framework between the United Nations and the
concerned Government".
Yet, certain proper appreciation of that paragraph really
must be applied in that regard.
More frequent and regular interaction and deeper
engagement on the part of the Special Representative
with stakeholders, including the missions of the United
Nations, may help move relevant processes forward
and help identify possible solutions to standing issues.
The interaction may likewise further help the Special
Representative in the preparation of a more balanced,
impartial and candid report.
For its part, together with the rest of the world,
the Philippines stands ready to work closely with all
relevant stakeholders and parties to help provide the
strong political and ideological framework within
which the realities that expose children to armed
conflicts and the violence associated with them can be
effectively addressed. Of course, we are doing our part
in protecting our children.
We are a bit disheartened, however, that the process
as it emerges from the report does not seem to enjoy
the satisfaction of anyone. The Philippines questions
certain information for which we provided points of
clarification; yet what came out did not thoroughly
reflect the situation on the ground. We have made it
clear that some required actions are simply beyond
the Government's ability to influence, because they
constitute a clear call to action for other parties. We are
also concerned that all such attention by us here may in
fact be counter-productive to efforts to put finality to
the situation that gave rise to our concern for children.
We often favour the involvement of non-Violent peace
forces, which groups that are impartial and therefore
accepted by all parties. Unfortunately, sometimes the
United Nations is not perceived that way. It is seen as
more on the side of the Government.
The President: I now give the floor to the
representative of Vietnam.
Mr. Pham (Vietnam): I would like to begin by
thanking you, Sir, for organizing today's important
debate and for your leadership as Chair of the Working
Group on Children and Armed Conflict. I thank the
Secretary-General for his comprehensive report on this
subject (S/2012/261). I am also grateful to the Special
Representative of the Secretary-General for Children
and Armed Conflict, the Under-Secretary-General for
Peacekeeping Operations and the Executive Director of
UNICEF for their briefings.
Viet Nam welcomes the significant progress
achieved over the past year on the signing of action
plans to end the recruitment and use of child soldiers
and to secure their release. We are encouraged by
the Council's unanimous adoption of resolution 1998
(2011), and the adoption by the General Assembly of
resolution 66/139 on strengthening collaboration on
child protection within the United Nations system,
which all 10 members of the Association of Southeast
Asian Nations co-sponsored. At the same time, my
delegation remains concerned that, with armed conflicts
escalating in many parts of the world, children continue
to fall Victim to killing, maiming and all other sorts
of violence and, most currently, the appalling trend of
using boys and girls, some as young as eight years old,
as suicide bombers and "victim" bombers. The work
of the United Nations on children in general, and on
children and armed conflict in particular, is therefore
among its most important activities.
In that context, Viet Nam attaches great importance
to the protection of children affected by armed conflict,
and strongly condemns all violations of international
law committed against children in conflict situations.
Viet Nam is pleased that the issue of children and
armed conflict continues to receive the attention it
deserves on the agendas of the United Nations and the
Security Council. Viet Nam supports the continued
efforts of relevant United Nations bodies to protect
children affected by armed conflict in accordance with
their respective mandates. Back in 2008, during our
tenure in the Council, Viet Nam organized an open
debate on the issue of children and armed conflict with
a View to strengthening the commitment and efforts
of the Security Council, the United Nations and the
international community at large towards achieving a
long-term and sustained solution to the issue of children
affected by armed conflict.
In fulfilling those aims, Viet Nam shares the
View that there is a need for a preventive strategy that
addresses the root causes ofarmed conflict by promoting
sustainable development, poverty eradication, national
reconciliation, good governance, democracy, the rule
of law and respect for and protection of human rights,
and the reintegration and rehabilitation of children
associated with armed forces and armed groups. The
role of UNICEF, all relevant United Nations agencies
and the other actors of the United Nations system is
therefore indispensable. In order to ensure the successful
implementation of such a strategy, coordination among
those agencies and actors should be enhanced to
maximize scarce resources, avoid duplication of works
and strategically address issues of common concern.
It is also important that we not forget that States
bear the primary responsibility for protecting their
civilians, including children, in armed conflict. The
United Nations should encourage and help States to
exercise that responsibility. Therefore, the monitoring
and reporting mechanism established by resolution
1612 (2005) should operate with the participation of
and in cooperation with national Governments, and all
actions undertaken by United Nations entities within
the framework of the mechanism must be designed
to support and supplement the capacity of national
Governments for the protection and rehabilitation of
children.
In conclusion, we wish to reiterate our continued
commitment to working with Council members and
the international community to defend and promote the
best interests of children affected by armed conflict.
The President: I now give the floor to the
representative of the Sudan.
Mr. Osman (Sudan) (spoke in Arabic): Icongratulate
Ms. Zerrougui on having garnered the confidence of
the Secretary-General through her appointment as
Special Representative of the Secretary-General for
Children and Armed Conflict. I wish her every success
in accomplishing her tasks. We are convinced that she
will carry out her mandated duties in an appropriate
manner, although her predecessor deviated somewhat
from those tasks. We note that Ms. Zerrougui is taking
up her duties today.
My delegation takes note of the Secretary-General's
report on children and armed conflict (S/2012/26l)
before us today, which covers the period from January
to December 2011. We listened carefully to the briefing
by Ms. Zerrougui. In that regard, we are pleased to
reiterate that the situation of children in armed conflict
in the Sudan has clearly improved with respect to the
past. That progress, which can be attributed to the
efforts of the Government in Blue Nile and Southern
Kordofan states, is highlighted in the first paragraphs
of the report. It is also the result of the signing of the
Doha Agreement and the establishment of the Darfur
Transitional Authority, following the deployment of the
United Nations Interim Security Force for Abyei.
The establishment of normal relations with the
brotherly country of Chad, and the signing of a border
monitoring agreement with that country and of an
agreement with the brotherly Central African Republic,
have had a positive impact on the protection of civilians,
including children.
On the topic of Darfur, I would stress that the
rebel movements that did not sign the Darfur Peace
Agreement, including in particular the Justice and
Equality Movement, continue to abduct and recruit
children to carry out military operations, armed looting
and abductions ofpeacekeeping officials. The reality is
that we did want to put an end to that type of operation
targeting children by sending a letter indicating the
Council's strong condemnation of such actions. While
some continue to ignore the situation, not giving it due
consideration and turning a blind eye to the facts, such
a reaction will be simply ineffective in dealing with the
issue of the recruitment of children.
The end of the mandate of the Independent
Expert on human rights in the Sudan under paragraph
4 and its resumption under paragraph 10 point to an
improvement in the human rights situation in the
Sudan, particularly as concerns the rights of children.
The Secretary-General's report mentions limitations
and obstacles that are hampering the mechanisms to
monitor violations against children. In that respect, my
delegation reiterates that movement within Darfur on
the part of the African Union-United Nations Hybrid
Operation in Darfur requires a simple notification, not
authorization, so as to coordinate protection.
With respect to the signing of the action plan to put
an end to the recruitment of children, we are pleased
to note that, in addition to the fact that the law on the
armed forces and police in the Sudan prohibits the
practice, the armed forces of the Sudan have agreed
to sign the action plan. In the near future, the mission
will be providing details on the agreement to the Office
of the Special Representative of the Secretary-General
for Children and Armed Conflict. My delegation hopes
that that will contribute to the delisting of the Sudan
from the list of countries that recruit children.
In the two states of Blue Nile and Southern
Kordofan, as well as in the Abyei region, the Sudan
People's Liberation Army and the the Sudan People's
Liberation Movement-North were the direct cause of
the events that unfolded, in blatant violation of the
Comprehensive Peace Agreement. Along those lines,
we underscore, as was mentioned in the report, that
the popular movements that have not signed the Darfur
Peace Agreement continue to use recruit children and to
use them as human shields. With respect to information
sources, my delegation reiterates its request that the
Secretary-General's reports contain accurate, verified
information and that the relevant organizations be
notified in that connection so as to enable them to
provide comments before the publication of such
reports.
Given that we attach importance to the rights of
children and their protection, my country has adopted
many laws in recent years. The Sudan ratified the
Convention on the Rights of the Child and its two
Optional Protocols some years ago. The text of the
Convention and Protocols was translated in 2010 into
a law that entered into force a year ago. Moreover,
mechanisms for the protection of children at the federal
and state levels have also progressed as councils on
children have been established in each state. Police
units directly responsible for children's affairs and for
their protection have been created, as have units for
children's protection within the army and the police.
Those units, among other things, ensure the application
of the law on the armed forces, the police and security
forces, which prohibits the recruitment of children
under 18 years of age.
Other developments include the creation of a unit
for combating violence against children and women
within the Ministry of Welfare and Social Security.
At the social level, my country has for some years
conducted campaigns to protect children as well as to
educate families and social players and to raise their
awareness about matters relating to children and their
education and health. That has all taken place under
the auspices of the State, working together with United
Nations agencies and programmes active in the Sudan,
such as UNICEF. Statistics on the subject demonstrate
a drop in the number of deaths of children and acts of
violence against them.
Above and beyond the efforts of the Government to
protect children in my country, additional progress has
been made to strengthen children's rights, including
the creation of a high independent commission for
children's rights and a special tribunal in Darfur, as
well as the appointment of a prosecutor for the tribunal.
A verification committee has also been established
in Southern Kordofan. An inventory was conducted
there in a tripartite initiative, in cooperation with United
Nations agencies, including UNICEF and the World
Food Programme, that will have a positive impact on
children in Blue Nile and Southern Kordofan states.
To conclude, the Government of the Sudan reiterates
its commitment to the children of the Sudan, who are our
future leaders. We reiterate our assurance to the Special
Representative of the Secretary-General for Children
and Armed Conflict and all of the specialized agencies
of our full cooperation with their efforts. We hold the
highest hope that those efforts will foster strengthened
governmental capacities, which we consider of critical
importance.
The President: I now give the floor to the
representative of Afghanistan.
Mr. Tanin (Afghanistan): Please allow me to begin
by congratulating you, Sir, on your assumption of this
month's presidency of the Council, and by thanking
you for convening this meeting. I would also like to
congratulate Ms. Leila Zerrougui on her appointment
as Special Representative of the Secretary-General for
Children and Armed Conflict, and I wish her the best
in her new role.
Fifty-three per cent of Afghans are under 18 years
of age. Tragically, these young people have grown
up in an atmosphere of war and violence. Despite the
unfortunate circumstances of their upbringing, these
young people are full of hope. They represent the future
of Afghanistan and will be the ones to carry forward
our Vision of a safe and Vibrant nation with growing
economic opportunities,and equality for its citizens,
male and female alike. My Government is committed
to ensuring our country's bright future by protecting
our children and fostering their development.
Children in Afghanistan suffer from the
consequences of the terrorism and Violence of the
Taliban, Al-Qaida and terrorist groups. These groups
are responsible for brutal acts against civilians, such
as the Taliban attacks that targeted girls' schools in
2012 using poisonous gas. Last year, 1,396 Afghan
children were killed or maimed. Seventy-four per cent
of all child casualties in Afghanistan are caused by the
aforementioned armed groups. Therefore, any course of
action that seeks to ameliorate the well-being of Afghan
children must also focus on diminishing the influence
of terrorism and extremism in Afghanistan.
Children are being coerced to serve in armed
conflict in Afghanistan by the very terrorist and
extremist groups that continue to commit heinous acts
against children. We have experienced devastating
situations in which children have been forced to carry
out suicide attacks or to smuggle weapons across the
border. The use of children as a weapon of war is an
atrocious crime that must be addressed with firm
conviction.
Just as the challenges for Afghan children need
to be recognized, so too does their progress. In
Afghanistan, we have seen encouraging progress in our
crucial efforts to protect our children and ensure their
promising future. I should like to cite some examples
of meaningful measures taken by the Government
of Afghanistan to protect and address the needs of
children in armed conflict.
First, in February the Ministry of Justice began
drafting a comprehensive legal code to protect Afghan
children. It consulted closely with UNICEF throughout
the process, and we look forward to a product that will
truly benefit the well-being of Afghan children. We
have also published our 2012 report on children and
armed conflict in Afghanistan, and we look forward to
hearing reactions.
Secondly, the Ministry of Justice has established
the General Directorate of Human Rights Protection,
which will serve to oversee the upholding of human
rights in all Government activities.
Thirdly, we have expanded our birth registration
system to cover all 34 provinces. The expansion of this
system throughout Afghanistan will greatly improve
age verification procedures for recruiters so that they
can recruit in accordance with the Ministry of the
Interior's age requirement provision.
We must continue our efforts to prevent underage
recruitment in our armed forces. It is our goal to ensure
that 18 years is the minimum age for recruitment to
participate in police activity. To that end, we have
acted decisively. In 2011, Afghanistan's Ministry of
the Interior published an order mandating that "in no
circumstances shall individuals under 18 or over 35 be
recruited or deployed to military services".
Recruitment into armed forces is indicative of a far
greater problem facing children - lack of opportunity.
It is crucial that we reintegrate young people into
society and provide them with career opportunities. To
that end, we have created training centres for children
leaving military service to train for professional and
technical careers.
I am encouraged by the progress made by the
international community in protecting children in
Afghanistan and in other countries. In 2011, the Special
Representative reported that 10,000 children worldwide
were freed from their associations with armed groups
because of action plans established by the United
Nations and the parties involved in conflict.
All children deserve the right to live in a safe, secure
country that is rich with education and opportunity.
Since 2001, the Government of Afghanistan has been
implementing policies aimed at these objectives,
but there is still much work to be done. The Afghan
Government is fully committed to fostering a domestic
environment that will enable all Afghan children to
reach their full potential. That is that only way that
Afghanistan will be able to fully transition into a
peaceful, safe country for all.
The President: I give the floor to the representative
of Malaysia.
Mr. Haniff (Malaysia): At the outset I wish to
congratulate Germany on assuming the presidency of
the Security Council for this month. I also wish to thank
you, Sir, for convening this open debate on children and
armed conflict. I would also like to commend Germany
for its leadership in chairing the Working Group on
Children and Armed Conflict, which has produced
significant decisions in moving the issue forward.
I would also like to take this opportunity to
congratulate Ms. Leila Zerrougui on her recent
appointment as the new Special Representative of the
Secretary-General for Children and Armed Conflict.
Additionally, I thank the Special Representative, the
Under-Secretary-General for Peacekeeping Operations,
the Executive Director of UNICEF and Mr. Tolbert for
their valuable briefings this morning.
Malaysia is deeply concerned about the increasing
number of persistent perpetrators of severe violations
against children, particularly the parties listed in the
annexes to the Secretary-General's report (S/2012/261).
I urge the parties involved to continue consultations
with the United Nations and implement the action plans
without delay. My delegation concurs with the Secretary-
General's recommendations that the Security Council
ensure that specific provisions for the protection of
children continue to be included in all relevant mandates
of United Nations peacekeeping operations, as well as
political and peacebuilding missions, and that the issue
be given the highest visibility possible.
Malaysia is equally disturbed by the fact that
there was a significant increase in 2011 of fatal
incidents in the occupied Palestinian territories, where
20 Palestinian children were killed and 448 were injured.
We are deeply concerned about the unending cycle of
violence in which Palestinian children are detained and
subjected to cruel and degrading treatment by Israeli
security forces. I reiterate my call, particularly in the
Council, for the perpetrators to be brought to justice.
The only way forward is to ensure that Palestinians,
especially Palestinian children, are granted their basic
rights as human beings.
Malaysia notes the mention in the Secretary-
General's report of attacks on schools and hospitals. We
are saddened that such places, which are regarded as
safe havens, are being ravaged by such deplorable acts.
We call on the Security Council to address this issue,
since the attacks not only claim innocent lives but also
deprive people of their right to education and health.
We believe there is an urgent need to strengthen
collaboration and the protection of children within the
United Nations system. In an effort to help accomplish
that crucial ongoing task, at the General Assembly's
sixty-sixth session Malaysia co-sponsored resolution
66/139, introduced by Thailand, on strengthening
collaboration on child protection within the United
Nations system, which was designed to bring about
important organizational improvements that will
further the cause of protecting children worldwide.
We are also parties to a wide range of international
instruments that provide a legal framework for the six
grave Violations committed against children in armed
conflict. I am pleased to announce that on 12 April
Malaysia, as a State party to those conventions, acceded
to the Optional Protocol to the Convention on the Rights
of the Child on the involvement of children in armed
conflict. This is a milestone and underscores Malaysia's
commitment to the protection of children around the
world.
Malaysia acknowledges the two verdicts pronounced
by the International Criminal Court and the Special
Court for Sierra Leone in March and April this year on
the former Congolese warlord Thomas Lubanga and the
former Liberian President Charles Taylor, respectively,
establishing important precedents for international
jurisprudence on the war crime of recruiting and using
children. They send a clear signal to commanders that
child recruitment is a war crime and that perpetrators
will be held accountable.
In that regard, Malaysia feels that Governments in
conflict should strengthen their capacity to investigate
and prosecute adult recruiters before national
courts. Measures that can help achieve this include
criminalizing underage recruitment and prosecuting
and investigating perpetrators; raising awareness of
child protection at the community level; addressing the
root causes of voluntary recruitment, such as poverty,
social grievances and basic survival; and providing
children with alternatives to military enrolment.
Malaysia reaffirms its strong commitment to
efforts aimed at protecting and promoting the rights
of children, including by paying sustained attention
to the issue of children in armed conflict. We feel
that, in the context of the issue of children and armed
conflict, accountability consists not only in careful
investigations and prosecutions of those responsible,
but also in a broader shouldering on the part of
individuals and institutions of the political, legal and
moral responsibility for violations that have occurred in
the past. Malaysia views accountability as a duty under
both domestic and international law. In that regard,
national systems should be guided towards meeting
international standards in order to establish effective
accountability measures in the hope ofbringing justice,
dignity and rehabilitation for children victimized by
armed conflict.
The President: There are no further speakers
inscribed on my list. The Security Council has thus
concluded its consideration of the item on its agenda.
The meeting rose at 6. 35 pm.
▶ Cite this page
UN Project. “S/PV.6838Resumption1.” UN Project, https://un-project.org/meeting/S-PV-6838Resumption1/. Accessed .