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Jahresbericht 2009 über Kinder in bewaffneten Konflikten veröffentlicht und dem UN-Sicherheitsrat übergeben / Annual Report on Children and Armed Conflict

20 besonders schwere Fälle von Angriffen auf Schulen und andere Erziehungs- und Bildungseinrichtungen aufgelistet

Der Jahresbericht 2009 des UN-Generalsekretärs über Kinder in bewaffneten Konflikten wurde am 22. April veröffentlicht und dem Sicherheitsrat übergeben. In dem Bericht (Annual Report on Children and Armed Conflict, 2009) werden 20 besonders schwere Fälle von Angriffen auf Schulen und andere Erziehungs- und Bildungseinrichtungen geschildert. Die Beispiele kommen aus Afghanistan, der Zentralafrikanischen Republik, der Demokratischen Republik Kongo, Kolumbien, Georgien, Haiti, Irak, Libanon, Myanmar, Nepal, den besetzten Gebieten und Israel, Philippinen, Somalia und Sudan. Der 51 Seiten starke Bericht trägt die Nummer A/63/785–S/2009/158 und ist als pdf- Datei hier herunterzuladen:
www.reliefweb.int.

Im Folgenden dokumentieren wir (in Englisch)

1. die Presseerklärung von UNESCO zur Herausgabe des UN-Berichts,
2. die Einleitung des Jahresberichts (Abschnitt I),
3. die allgemeine Beschreibung von Fortschritten (Abschnitt II) und die abschließenden Empfehlungen des Berichts (Abschnitt V).

Annual Report on Children and Armed Conflict Documents Attacks on Schools

24-04-2009 - Attacks on schools are among the grave violations covered in the annual report of the UN Secretary-General to the Security Council on Children and Armed Conflict, released on 22 April. The report documents grave violations in 20 situations of concern.

In order to halt violations and ensure greater protection of children in conflict situations, the Secretary-General recommends targeted measures by the Security Council against repeat violators. He also encourages national and international justice mechanisms to take strong actions in the fight against impunity for crimes against children within their jurisdiction.

These recommendations echo calls from participants at the UN General Assembly debate on Education in Emergencies (New York, 18 March 2009) for States to increase protection of education during conflict and to regard attacks on schools as war crimes.

The Report specifically documents attacks on education in the following contexts:

Afghanistan: an escalation of incidents affecting the education sector, including attacks on schools, students and teachers.

Central African Republic: grave violations against children, including attacks on schools.

Democratic Republic of the Congo: recruitment of children from schools in two territories and an increase of reports of attacks on schools and health facilities.

Colombia: recruitment into armed groups from school reported.

Georgia: damage to schools due to escalation of conflict in August 2008. Loss of school equipment and furniture was also reported both as a result of military action and subsequent looting.

Haiti: students on their way to or from schools have been particularly targeted by abductors.

Iraq: children’s access to education has been compromised by insecurity and population movement.

Lebanon: children exposed to the threat of explosive remnants of war in affected regions due to use of cluster munitions in residential areas, villages, schools and agricultural lands.

Myanmar: concern is expressed over the Wa State Army managing and running primary schools.

Nepal: abduction and killings of teachers and principals is reported.

Occupied Palestinian Territory and Israel: concerns that Hamas may have used schools to launch rockets into Israel (December 2008 and January 2009); damage to schools and kindergartens by Hamas launched rockets; raids and use of schools by IDF and Israeli settlers have resulted in death of students and teachers. 7 schools destroyed and 157 government schools damaged in Gaza in December 2008 and January 2009 hostilities.

Philippines: four cases of military occupation and use of schools as temporary camps reported.

Somalia: recruitment of girls and boys from schools into armed groups.

Sudan: attacks on schools in Darfur.


United Nations
General Assembly, Security Council
Sixty-third year
Children and armed conflict

Report of the Secretary-General (A/63/785–S/2009/158)
26 March 2009

I. Introduction

1. The present report is submitted pursuant to Security Council presidential statement (S/PRST/2008/6), by which the Council requested me to submit a report on the implementation of its resolutions 1612 (2005), 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003) and 1539 (2004) on children and armed conflict. The report includes information on compliance with applicable international law to end the recruitment and use of children in armed conflict and other grave violations being committed against children affected by armed conflict;[1] information on progress made in the implementation of the monitoring and reporting mechanism and action plans to halt the recruitment and use of children, as well as progress made in mainstreaming children and armed conflict issues in United Nations peacekeeping and political missions; and a brief summary of the conclusions of the Security Council Working Group on Children and Armed Conflict, and of its progress.

2. The report includes a proposal to strengthen the monitoring and reporting on rape and other grave sexual violence against children. The Office of my Special Representative has also identified the following emerging concerns in relation to the children and armed conflict agenda as key priority areas for action and continued advocacy. These concerns include internally displaced children and their particular risks for recruitment; terrorism and counter-terrorism measures and its impact on children; the accountability of child soldiers for acts committed during armed conflict, and special protections accorded to them; control on the transfer and use of arms and ammunitions, particularly to countries where children are known to be, or may potentially be, recruited or used in hostilities; and measures to achieve sustainable reintegration of children affected by conflict.

3. The report covers compliance and progress in ending the recruitment and use of children and other grave violations, including the killing and maiming of children, rape and other grave sexual violence, abductions, attacks on schools and hospitals, and the denial of humanitarian access to children by parties to armed conflict.

4. The preparation of the present report involved broad consultations within the United Nations, in particular with the Task Force on Children and Armed Conflict at Headquarters, country-level task forces on monitoring and reporting, peacekeeping and political missions and United Nations country teams, as well as with concerned Member States and non-governmental organizations (NGOs). Country-level task forces on monitoring and reporting, peacekeeping and political missions and United Nations country teams are the primary sources of information for the report.

5. References to reports, cases and incidents in the present report refer to information that is gathered, vetted and verified for accuracy. In situations where access to obtaining or independently verifying information received is hampered by factors such as insecurity or access restrictions, it is qualified as such.

6. Pursuant to Security Council resolution 1612 (2005), in identifying the situations that fall within the scope of her mandate, my Special Representative for Children and Armed Conflict is guided by the criteria for determining the existence of an armed conflict found in international humanitarian law and international jurisprudence.[2] In the performance of her mandate, my Special Representative has adopted a pragmatic and cooperative approach to this issue, with a humanitarian emphasis, focusing on ensuring broad and effective protection for children exposed and affected by conflict in situations of concern. Reference to a situation of concern is not a legal determination and reference to a non-State party does not affect its legal status.

II. Information on compliance and progress in ending the recruitment and use of children and other violations being committed against children

7. The present report provides information on developments covering the period from September 2007 to December 2008, as well as some developments that have extended beyond the reporting period. Reports of the Secretary-General on children and armed conflict in Afghanistan, Burundi, Chad, the Democratic Republic of the Congo, Myanmar, Nepal, Philippines, Somalia, Sri Lanka and Uganda were also submitted to the Security Council and its Working Group on Children and Armed Conflict during the reporting period.

8. Progress made by the parties listed in annexes I and II to the present report, and named in the body of my 2007 report (A/62/609-S/2007/757), have been assessed with respect to whether they have ceased recruiting and using children, and whether they have refrained from committing other grave violations against children. Progress made by the parties is also assessed with respect to whether they have engaged in dialogue with country-level task forces on monitoring and reporting, as called for in Security Council resolutions 1539 (2004) and 1612 (2005), and whether through that dialogue, or in the context of other processes, such as disarmament, demobilization and reintegration programmes or the signing of peace agreements, they have developed and implemented action plans to end the use of children and released all children from their ranks, and made specific commitments to address other grave violations against children for which they have been cited.

9. Parties who fully comply with terms set forth in action plans and undertake verified measures to address other grave violations for which they have been cited, to the satisfaction of the country-level task force on monitoring and reporting and the Task Force on Children and Armed Conflict, will be considered for de-listing from the annexes. Ongoing monitoring by the country-level task force on monitoring and reporting is required to ensure the protection of children and compliance with the undertakings given by parties that have been de-listed. Should it be determined that de-listed parties recruit and use children at a later point in time, or fail to allow continuous and unhindered access to the United Nations for verification, they will be re-listed onto the annexes, and the Security Council will be alerted to the non-compliance.

V. Recommendations

161. It is recommended that the Security Council consider giving equal attention to children affected by armed conflict in all situations of concern listed in the annexes to my report, as well as other relevant situations of concern addressed in my report.

162. While acknowledging the equal weight for all grave violations against children, considering that children are particularly vulnerable to rape and sexual violence in situations of armed conflict, as noted in the present and previous reports, and the culture of impunity prevails for such crimes, it is recommended that the Security Council consider, at a minimum, expanding the criteria for the annexes of my report to include parties that commit rape and other grave sexual violence against children in armed conflict without prejudice to the possibility of further expanding the criteria in the future to include other violations, including, if possible, intentional killing and maiming of children.

163. As addressing sexual violence is an important system-wide priority of the United Nations, mechanisms and arrangements for monitoring such violations should be strengthened. Country-level task forces under Security Council resolution 1612 (2005) should include actors who monitor gender-based violations, and modalities for data sharing and coordinated action, including on access to justice and remedies, should be developed between gender-based violence and child protection actors. National capacity to address sexual violence should also be strengthened.

164. The Security Council is encouraged to continue to insist that parties in situations of armed conflict listed in the annexes to my report prepare and implement concrete time-bound action plans to halt the recruitment and use of children in violation of international obligations applicable to them, and to take measures against any parties that fail to comply.

165. The Security Council is also encouraged to call upon parties in situations of armed conflict listed in the annexes to my report to undertake specific commitments and measures to address other violations and abuses committed against children for which they are cited.

166. Concerned Member States should allow contact between the United Nations and non-State parties to ensure the broad and effective protection of children in situations of concern, including for the purposes of preparing action plans to halt recruitment and use of children and undertaking specific commitments and measures to address all other grave violations committed against children. The Security Council should encourage this. Such contact will not prejudice the political and legal status of these non-State parties.

167. The Security Council is urged to ensure that systematic communication is established between its Working Group on Children and Armed Conflict and the relevant sanctions Committees and their expert groups in country situations of common concern. This may include the Working Group bringing to the attention of relevant sanctions Committees and their expert groups specific information contained in my reports prepared in the framework of Security Council resolution 1612 (2005) for any necessary action. In situations where there are no existing sanctions committees, the Security Council is urged to consider means by which targeted measures may be applied against persistent perpetrators of grave violations against children.

168. It is recommended that the Security Council ensure that specific provisions for the protection of children continue to be included in all relevant United Nations peacekeeping operations and political missions, including by means of the deployment of child protection advisers. The need for, the number and roles of and the budget for child protection advisers should be systematically assessed during the preparation of each peacekeeping operation and political mission, and children’s concerns should be reflected in all mission planning instruments and processes, including technical assessment and review missions.

169. Given the regional dimension of some conflicts highlighted in this report, relevant Member States, United Nations peacekeeping and political missions and United Nations country teams should establish appropriate strategies and coordination mechanisms for information exchange and cooperation on cross-border child protection concerns such as recruitment, release and reintegration of children.

170. Member States should take strong and urgent action to bring to justice individuals responsible for the recruitment and use of children in violation of applicable international law and other grave violations against children through national justice systems. The Security Council is encouraged to refer to the International Criminal Court, for investigation and prosecution, violations against children in armed conflict that fall within its jurisdiction, and other international justice mechanisms should also prioritize accountability for crimes against children.

171. Member States are urged to ensure that children who are accused of crimes under international law allegedly committed while they were associated with armed forces or groups are considered primarily as victims, and that they are treated in accordance with international law, and within a framework of restorative justice and social rehabilitation.

172. States parties to the Convention on the Rights of the Child are encouraged to strengthen national and international measures for the prevention of recruitment of children into armed forces or armed groups and their use in hostilities. In particular, these include signing and ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and enacting legislation that explicitly prohibits the recruitment of children into armed forces/groups and their use in hostilities; exercising extraterritorial jurisdiction in order to strengthen the international protection of children against recruitment; taking measures to implement the recommendations of the Committee on the Rights of the Child; and submitting timely reports under the Optional Protocol to the Committee on the Rights of the Child.

173. Effective disarmament, demobilization and reintegration programmes for children is crucial for the well-being of all children associated with armed forces and groups, and, as such, relevant Governments and donors should ensure that these programmes receive timely and adequate resources and funding, and are community-based for long-term sustainability. This is increasingly a critical factor for durable peace and security.

174. The monitoring and reporting of violations against children need to be supported with effective measures to prevent and respond to such violations. The Security Council should continue to call upon relevant national and international actors to support and expand programmes to ensure that children who are victims of violations have access to appropriate services and response.

Endnotes

1. Applicable international law relating to the rights and protection of children in armed conflict include, in particular, the Geneva Conventions of 1949 and obligations applicable under the Additional Protocols thereto of 1977, the Convention on the Rights of the Child of 1989, the Optional Protocol thereto of 25 May 2000, and the amended Protocol II to the Convention on Prohibitions or Restriction on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, International Labour Organization Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction, and the Convention on Cluster Munitions.
2. See, for example, common article 2 of the 1949 Geneva Conventions, article 1 of Additional Protocol II of 1977 thereto; International Committee of the Red Cross, J. PICTET (ed.), Commentary on the Geneva Conventions of 1949 (1958); and Prosecutor v. Dusko Tadic, Case No. IT-94, International Criminal Tribunal for the Former Yugoslavia Appeals Chamber (2 October 1995).

Quelle: www.reliefweb.int (EXTERNER LINK)


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