Developing and strengthening norms and standards

Working closely with Member States, United Nations partners and NGOs, the Office of the Special Representative has focused its advocacy efforts, in particular, on the development, strengthening and promotion of norms and standards for the protection of children. Over the past several years, an extensive array of protective standards and instruments have been developed and consolidated. This includes the adoption of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (resolution 54/263, annex I), which sets an age-limit of 18 years for compulsory recruitment and participation in hostilities, a minimum age of 15 years for voluntary recruitment for State parties and an age-limit of 18 for non-State actors. The Special Representative continues to advocate with Member States for the ratification of the Optional Protocol in order to give the instrument the broadest possible legitimacy and force.

Under the Rome Statute of the International Criminal Court, the Special Representative proposed three child-specific provisions, which have been classified as war crimes, namely: the conscription, enlistment or use in hostilities of children younger than 15 years; intentional attacks on hospitals and schools; and grave acts of sexual violence. In addition, the forcible transfer of children of a group targeted for intentional destruction constitutes genocide under the statute of the International Criminal Court.

Under the International Labour Organization Convention No. 182, the Special Representative advocated that the enlistment of children as soldiers be classified as one of the worst forms of child labour. The Convention also prohibits the forced or compulsory recruitment of children under the age of 18 for use in armed conflicts.

The Special Representative advocated with African Governments for the ratification of the African Charter on the Rights and Welfare of the Child. The Charter, which came into force in 1999, was the first regional treaty establishing 18 as the minimum age for all compulsory military recruitment and participation in hostilities. Since its ratification, the Office of the Special Representative has established a framework of support and collaboration with the chairperson of the body monitoring the implementation of the Charter.

The Office of the Special Representative has also focused attention on indigenous cultural norms that have traditionally provided protection for children in times of war. Where formal structures break down during conflict, deeply rooted traditional norms often represent an important frontline of protection for children. Examples of such practices include traditional cleansing and reconciliation ceremonies carried out in Mozambique and Sierra Leone, which have enabled many children associated with fighting forces to return to their communities. The Special Representative has promoted traditional norms as an important complement to formal international standards. The advocacy of the Special Representative has also ensured that the examination of traditional norms, values and practices has been taken up as a specific focus of the research agenda of the academic and research institutions that constitute the Research Consortium for Children and Armed Conflict.