CHILDREN AND ARMED CONFLICT: VOTING GUIDANCE ON

UNCLAS STATE 080742

SIPDIS

E.O. 12958: N/A
TAGS: UNSC GG PHUM PREL
SUBJECT: CHILDREN AND ARMED CONFLICT: VOTING GUIDANCE ON
SECURITY COUNCIL RESOLUTION


1. (U) This is an action request: The Department requests
USUN to co-sponsor and vote in favor of the UN Security
Council resolution in paragraph 2 regarding Children and
Armed Conflict and scheduled for Council adoption on August
4, 2009. Post should seek additional guidance from the
Department if there are any additional substantive changes to
the resolution text.


2. (U) Begin text:

Reaffirming its resolutions 1261 (1999) of 25 August 1999,
1314 (2000) of 11 August 2000, 1379 (2001) of 20 November
2001, 1460 (2003) of 30 January 2003, 1539 (2004) of 22 April
2004, and 1612 (2005) of 26 July 2005, and the Statements of
its President on 24 July 2006 (S/PRST/2006/33),28 November
2006 (S/PRST/2006/48),12 February 2008 (S/PRST/2008/6),17
July 2008 (S/PRST/2008/28) and 29 April 2009 (S/PRST/2009/9),
which contribute to a comprehensive framework for addressing
the protection of children affected by armed conflict,
Acknowledging that the implementation of its resolution 1612
(2005) has generated progress, resulting in the release and
reintegration of children into their families and communities
and in a more systematic dialogue between the United Nations
country-level task forces and parties to the armed conflict
on the implementation of time-bound action plans, while
remaining deeply concerned over the lack of progress on the
ground in some situations of concern, where parties to
conflict continue to violate with impunity the relevant
provisions of applicable international law relating to the
rights and protection of children in armed conflict,

Stressing the primary role of national Governments in
providing protection and relief to all children affected by
armed conflicts,

Reiterating that all actions undertaken by United Nations
entities within the framework of the monitoring and reporting
mechanism must be designed to support and supplement, as
appropriate, the protection and rehabilitation roles of
national Governments,

Recalling the responsibilities of States to end impunity and
to prosecute those responsible for genocide, crimes against
humanity, war crimes and other egregious crimes perpetrated
against children,

Welcoming the fact that several individuals who are alleged
to have committed crimes against children in situations of
armed conflict have been brought to justice by national
justice systems and international justice mechanisms and
mixed criminal courts and tribunals,

Convinced that the protection of children in armed conflict
should be an important aspect of any comprehensive strategy
to resolve conflict,

Calling on all parties to armed conflicts to comply strictly
with the obligations applicable to them under international
law for the protection of children in armed conflict,
including those contained in the Convention on the Rights of
the Child and its Optional Protocol on the involvement of
Children in Armed Conflict, as well as the Geneva Conventions
of 12th August 1949 and their Additional Protocols of 1977,

Reiterating its primary responsibility for the maintenance of
international peace and security and, in this connection, its
commitment to address the widespread impact of armed conflict
on children,

Stressing its determination to ensure respect for its
resolutions and other international obligations and
applicable norms on the protection of children affected by
armed conflict,

Having considered the report of the Secretary-General of 26
March 2009 (S/2009/158) and stressing that the present
resolution does not seek to make any legal determination as
to whether situations which are referred to in the
Secretary-General,s report are or are not armed conflicts
within the context of the Geneva Conventions and the
Additional Protocols thereto, nor does it prejudge the legal
status of the non-State parties involved in these situations,

Deeply concerned that children continue to account for a
considerable number of casualties resulting from killing and
maiming in armed conflicts including as a result of
deliberate targeting, indiscriminate and excessive use of
force, indiscriminate use of landmines, cluster munitions and
other weapons and use of children as human shields and
equally deeply concerned about the high incidence and
appalling levels of brutality of rape and other forms of
sexual violence committed against children, in the context of
and associated with armed conflict including the use or
commissioning of rape and other forms of sexual violence in
some situations as a tactic of war,


1. Strongly condemns all violations of applicable
international law involving the recruitment and use of
children by parties to armed conflict as well as their
re-recruitment, killing and maiming, rape and other sexual
violence, abductions, attacks against schools or hospitals
and denial of humanitarian access by parties to armed
conflict and all other violations of international law
committed against children in situations of armed conflict,


2. Reaffirms that the monitoring and reporting mechanism will
continue to be implemented in situations listed in the
annexes to the reports of the Secretary-General on children
and armed conflict in line with the principles set out in
paragraph 2 of its resolution 1612 (2005) and that its
establishment and implementation shall not prejudge or imply
a decision by the Security Council as to whether or not to
include a situation on its agenda,

3.Recalls paragraph 16 of its resolution 1379 (2001) and
requests the Secretary-General to also include in the annexes
to his reports on children and armed conflict those parties
to armed conflict that engage, in contravention of applicable
international law, in patterns of killing and maiming of
children and/or rape and other sexual violence against
children, in situations of armed conflict, bearing in mind
all other violations and abuses against children, and notes
that the present paragraph will apply to situations in
accordance with the conditions set out in paragraph 16 of its
resolution 1379 (2001),


4. Invites the Secretary-General through his Special
Representative on Children and Armed Conflict to exchange
appropriate information and maintain interaction from the
earliest opportunity with the governments concerned regarding
violations and abuses committed against children by parties
which may be included in the annexes to his periodic report,


5. Whilst noting that some parties to armed conflict have
responded to its call upon them to prepare and implement
concrete time-bound action plans to halt recruitment and use
of children in violation of applicable international law,

a) Reiterates its call on parties to armed conflict listed
in the annexes of the Secretary-General,s report on children
and armed conflict that have not already done so to prepare
and implement, without further delay, action plans to halt
recruitment and use of children in violation of applicable
international law;

b) Calls upon those parties listed in the annexes of the
Secretary-General,s report on children and armed conflict
that commit, in contravention of applicable international
law, killing and maiming of children and/or rape and other
sexual violence against children, in situations of armed
conflict, to prepare concrete time-bound action plans to halt
those violations and abuses;

c) Further calls upon all parties listed in the annexes to
the Secretary-General,s report on children and armed
conflict to address all other violations and abuses committed
against children and undertake specific commitments and
measures in this regard;

d) Urges those parties listed in the annexes of the
Secretary-General,s report on children and armed conflict to
implement the provisions contained in this paragraph in close
cooperation with the Special Representative of the
Secretary-General for Children and Armed Conflict and the
United Nations country-level task forces on monitoring and
reporting;


6. In this context, encourages Member States to devise ways,
in close consultations with the United Nations country-level
task force on monitoring and reporting and United Nations
Country Teams, to facilitate the development and
implementation of time-bound action plans, and the review and
monitoring by the United Nations country-level task force of
obligations and commitments relating to the protection of
children in armed conflict;


7. Reiterates its determination to ensure respect for its
resolutions on children and armed conflict, and in this
regard:

a) Welcomes the sustained activity and recommendations of
its Working Group on children and armed conflict as called
for in paragraph 8 of its resolution 1612(2005),and invites
it to continue reporting regularly to the Security Council;

b) Requests enhanced communication between the Working
Group and relevant Security Council Sanctions Committees,
including through the exchange of pertinent information on
violations and abuses committed against children in armed
conflict;

c) Reaffirms its intention to take action against
persistent perpetrators in line with paragraph 9 of its
resolution 1612 (2005);


8. Stresses the responsibility of the UN country-level task
forces on monitoring and reporting and UN Country Teams,
consistent with their respective mandates, to ensure
effective follow-up to Security Council resolutions on
children and armed conflict, to monitor and report progress
to the Secretary-General in close cooperation with his
Special Representative for children and armed conflict and
ensure a coordinated response to issues related to children
and armed conflict,


9. Requests the Secretary-General to include more
systematically in his reports on children and armed conflict
specific information regarding the implementation of the
Working Group recommendations,


10. Reiterates its request to the Secretary-General to ensure
that, in all his reports on country-specific situations, the
matter of children and armed conflict is included as a
specific aspect of the report, and expresses its intention to
give its full attention to the information provided therein,
including the implementation of relevant Security Council
resolutions and of the recommendations of its Working Group
on children and armed conflict, when dealing with those
situations on its agenda,


11. Welcomes the efforts of the Department of Peacekeeping
Operations in mainstreaming child protection into
peacekeeping missions, in line with that Department,s
recently adopted Child Protection Policy directive, and
encourages the deployment of Child Protection Advisers to
peacekeeping operations, as well as into relevant
peacebuilding and political missions, and decides to continue
the inclusion of specific provisions for the protection of
children in such mandates,


12. Requests Member States, United Nations peacekeeping,
peacebuilding and political missions and United Nations
country teams, within their respective mandates and in close
cooperation with governments of the concerned countries, to
establish appropriate strategies and coordination mechanisms
for information exchange and cooperation on child protection
concerns, in particular cross-border issues, bearing in mind
relevant conclusions by the Security Council Working Group on
Children And Armed Conflict and paragraph 2 (d) of its
resolution 1612 (2005),


13. Stresses that effective disarmarment, demobilisation and
reintegration programmes for children, building on best
practices identified by UNICEF and other relevant child
protection actors, are crucial for the well-being of all
children who, in contravention of applicable international
law, have been recruited or used by armed forces and groups,
and a critical factor for durable peace and security, and
urges national Governments and donors to ensure that these
community based programmes receive timely, sustained and
adequate resources and funding,


14. Also stresses the importance of timely, sustained and
adequate resources and funding for effective welfare
programmes for all children affected by armed conflict,


15. Calls upon Member States, United Nations entities,
including the Peacebuilding Commision and other parties
concerned to ensure that the protection, rights, well-being
and empowerment of children affected by armed conflict are
integrated into all peace processes and that post-conflict
recovery and reconstruction planning, programmes and
strategies prioritise issues concerning children affected by
armed conflict,


16. Calls upon concerned Member States to take decisive and
immediate action against persistent perpetrators of
violations and abuses committed against children in
situations of armed conflict, and further calls upon them to
bring to justice those responsible for such violations that
are prohibited under applicable international law, including
with regard to recruitment and use of children, killing and
maiming and rape and other sexual violence, through national
justice systems, and where applicable, international justice
mechanisms and mixed criminal courts and tribunals, with a
view to ending impunity for those committing crimes against
children,


17. Requests the Secretary-General to continue to take the
necessary measures including, where applicable, to bring the
monitoring reporting mechanism to its full capacity, to allow
for prompt advocacy and effective response to all violations
and abuses committed against children and to ensure that
information collected and communicated by the mechanism is
accurate, objective, reliable and verifiable,


18. Requests the Secretary-General to provide administrative
and substantive support for the Security Council Working
Group on children and armed conflict taking into
consideration its current workload and the need to strengthen
its capacities and institutional memory,


19. Requests the Secretary-General to submit a report by May
2010 on the implementation of its resolutions and
presidential statements on children and armed conflict,
including the present resolution, which would include, inter
alia:

a) Annexed lists of parties in situations of armed
conflict on the agenda of the Security Council or in other
situations of concern, in accordance with paragraph 3 of the
present resolution;

b) Information on measures undertaken by parties listed
in the annexes to end all violations and abuses committed
against children in armed conflict;

c) Information of progress made in the implementation of
the monitoring and reporting mechanism established in its
resolution 1612 (2005);

d) Information on the criteria and procedures used for
listing and de-listing parties to armed conflict in the
annexes to his periodic reports, bearing in mind the views
expressed by all the members of the Working Group during
informal briefings to be held before the end of 2009;


20. Decides to remain actively seized of this matter.

End text.
CLINTON