Stop Using Child Soldiers
by Stefania Capodaglio
December 1999
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"I would like to say to other child soldiers...please
do not lose your childhood as well as your future."
-Abdi, former child soldier from Somalia.
There are an estimated three hundred thousand child
soldiers around the world. Thousands of children 15 years of age
and much younger are recruited every year in countries where contemporary
conflicts are uprooting them from their childhood. The considerable
numbers of child soldiers make one pause to think that the world
is being sucked into a desolate moral vacuum, an endless void
where children are now exploited as armed fighters. Angola recruits
children at 17 and Uganda at 13 years of age as volunteers. The
situation is urgent.
Child soldiers are considered to be all children
under 18 according to Article 1 of the United Nations Convention
on the Rights of the Child. In reality, child soldiers are children
young enough to lift a rifle. In 1998 alone, there were 35 major
armed conflicts where children were used as soldiers. Violent
conflict has always made victims of non-combatants, but now, more
and more, the combatants are children.
Contemporary armed conflicts have increased the
risks for children because of the proliferation of inexpensive
light weapons, such as the Russian-made AK-47 or the American
M-16 assault rifles, which are easy for children to carry and
use. An AK-47, for example, can be easily assembled by a 10-year
old boy. The international arms trade is largely unrestricted
making assault rifles cheap and widely available in the poorest
communities. In the Sub-Saharan area, for example, an AK-47 can
be purchased for as little as six dollars on the streets. It is
often suggested that too much money is spent for defense in both
the developed and developing countries of the world, and that
some of that money might instead be used to relieve hunger and
to promote children's survival and development. But, worldwide,
many national budgets stay sharply skewed in favor of defense
year after year. If security means the protection of our most
precious assets, child survival should be high on the agenda of
all defense departments. Why isn't it? Perhaps in reality, the
operational function of defense establishments is not so much
to maintain the security of the country as a whole but to assure
that the powerful remain in power. Rather than serving all their
citizens' interests, defense budgets serve the survival of the
rich, not the children or the poor.
How are child soldiers recruited?
Governments in a few countries legally conscript
children under 18. In the UK, teenagers who are 16 can enlist
in the military for a three-to five-year-tour-of-duty. In the
US, a 17-year-old can enlist in the Marines. In both countries
these young soldiers can be sent to war zones.
Even where the legal minimum age is set at 18,
the law is not necessarily a safeguard. Child soldiers may be
kidnapped or forced by adults to join an army. Others may be forced
to join armed groups to defend their families and villages.
Once recruited as soldiers, children are treated
as adults. Children often serve as porters, carrying heavy loads
such as ammunition or injured soldiers. Children are extensively
used also as lookouts, messengers, and for common household and
routine maintenance duties such as cleaning and assembling artillery.
In Ugandan armies, children can volunteer at 13. They are forced
to hunt for wild fruits and vegetables, loot food from gardens,
plunder granaries, and perform guard duty.
Most of the children in armies come from conditions
of poverty. These conditions may drive parents to offer their
children for service or sell them into slavery. Children are also
recruited in areas where there is a high level of illiteracy among
their families and a strong prevalence of violence and ignorance
in their communities. Most child soldiers, for example, never
go to school throughout their childhood.
The enslavement of children into guerrilla groups
is a serious issue addressed recently by an international labor
group. In July 1999, the International Labor Organization (ILO)
unanimously adopted Convention No.182 which prohibited and called
for immediate action on the elimination of the worst forms of
child labor, especially the "forced or compulsory recruitment
of children for use in armed conflict." The United States
delegation to the ILO had opposed efforts to include a broad prohibition
on child soldiers. Although trade unions and many governments
supported a total ban on the participation of children in armed
conflict, strong US pressure on the delegates to the ILO Convention
resulted in the adoption of a much narrower, general prohibition
on "forced or compulsory recruitment of children for use
in armed conflicts."
Physical, Psychological and Economic Harm
Uncertain food supply and nonexistent health care
are the worst economic consequences that wars bring into the reality
of children on a daily basis. During the 1990s, an estimated two
million children were killed in armed conflicts. Countless others
have been seriously injured or have been forced to witness or
take part in horrifying acts of violence. The shock, trauma, or
Post Traumatic Stress Syndrome (PTS) is generally not professionally
treated immediately, if ever.
Conflicts hurt children physically and psychologically.
Children suffer the consequences of armed conflicts on their bodies
because of the effects of maiming, torture, sexual violence or
the multiple deprivations of war that expose them to hunger or
disease. The psycho-social impacts of violence on children are
as severe as physical wounds. Children respond to the stress of
armed conflict with increased anxiety, developmental delays, sleep
disturbance and nightmares, lack of appetite, withdrawn behavior,
learning difficulties, and aggressive behavior.
International law -- The Geneva Conventions
Humanitarian law focuses on situations of armed
conflicts. Human rights law establishes rights that every individual
should enjoy at all times, during both peace and war, such as
the right to life, liberty and security.
The international humanitarian law of armed conflict
is reflected in four Geneva Conventions of 1949 and two 1977 Protocols.
The Fourth Geneva Convention, relative to the protection of civilian
persons in time of war, is one of the main sources of protection
for children. It prohibits not only murder, torture or mutilation
of civilians, but also any other measures of brutality whether
applied by civilian or military agents.
In 1977, these Geneva Conventions were supplemented
by two protocols that unite two main branches of international
humanitarian law -- the branch concerned with protection of vulnerable
groups and the branch regulating the conduct of hostilities. Protocol
I requires fighting parties in international armed conflicts to
distinguish at all times between combatants and civilians to ensure
that the only legal targets of attack are military. Protocol II
addresses non-international armed conflicts, that is to say, conflicts
inside the borders of a nation. This protocol lists the fundamental
rights of all who are not taking an active part in the hostilities,
namely, the right to life, liberty and security of person. It
also provides that children be given the care and aid they require
for a normal childhood, including education and family reunion.
Human rights law establishes rights that every
individual should enjoy at all times, during both peace and war.
The obligations, which are incumbent upon every nation, are based
on the Charter of the United Nations and on the Universal Declaration
of Human Rights. In formal legal terms, the primary responsibility
for ensuring human rights rests with nations, since they alone
can become contracting parties to the relevant treaties.
Almost 190 states have agreed to the Geneva Conventions,
making them the most widely ratified conventions in history. The
majority of these states has also agreed to Protocol I and Protocol
II. Although the United States has ratified the 1949 Geneva Conventions,
it has not ratified the two protocols, objecting to the nature
of these protocols.
UN Convention on the Rights of the Child
The Convention on the Rights of the Child focuses
on situations of armed conflicts and the impacts on children.
It was adopted by the General Assembly in November 1989 as the
most comprehensive and specific protection for children worldwide.
The Convention recognizes a list of rights that apply during both
peacetime and war, such as protection of the family; essential
care and assistance; access to health, food and education; and
the prohibition of torture, abuse or neglect.
Article 38 is known as the armed conflict article,
but with regard to protection from recruitment it has little to
offer. While the rest of the Convention is generally applicable
to "every human being below the age of 18 years," Article
38 makes a point of allowing children under 18 to take direct
part in hostilities and to be recruited into a nation's armed
forces. It is all the more extraordinary because these restrictions
are already embodied in international humanitarian law to which
the article refers. Article 39 states that governments "...shall
take all appropriate measures to promote physical and psychological
recovery and social reintegration of a child victim of...armed
conflicts." These articles, especially Article 38, call upon
nations to respect international humanitarian law as a whole.
On the other hand, these articles restate their provisions only
on the age limits of a child soldier and, in actuality, offer
no relief to an increasingly urgent situation. Three hundred thousand
child soldiers -- even one child soldier -- are too many.
The Convention: a commitment or a farce?
In the ten years it took to negotiate the UN Convention
on the Rights of the Child, many participating nations argued
about the age limits. Both the United Arab Emirate and the United
States did not want the minimum age for military recruitment to
be 18. Currently the US accepts 17-year-olds with parental permission
as voluntary recruits into the US Marines. According to the US
Defense Department statistics, 17-year-olds make up less than
one-half of 1% of all active US troops. The UK, which allows volunteer
soldiers at 16 years, joined the US in its opposition. Some UK
16 year olds fought in the Falklands War and 200 were at the front
in the Gulf War in 1991. The UK was even less ready than the US
to make a compromise by raising the minimum age to 18.
By the conclusion of the negotiations, the US and
UK positions prevailed, and Article 38 stated that governments
"shall take all feasible measures to ensure that persons
who have not attained the age of fifteen years do not take a direct
part in hostilities." The irony is that despite its winning
many concessions from others in the negotiations and ultimately
achieving its way on Articles 38 and 39, the UK signed and ratified
the Convention in 1992, but has ignored its provisions. The United
States still has not ratified the Convention.
In a letter made public on December 21, 1998, a
broad group of US leaders called on President Clinton to support
an international prohibition on the use of child soldiers. The
letter, identifying the use of children as soldiers as "one
of the most alarming and tragic trends in modern warfare,"
was signed by the leaders of forty human rights, religious, peace,
humanitarian, child welfare, veterans and professional organizations.
Signers of the appeal included Rear Admiral Eugene Carroll Jr.,
US Navy (retired); Robert Muller, President of the Vietnam Veterans
of America Foundation; Rev. Dr. Joan Brown Campbell, General Secretary
of the National Council of the Churches; Dr. David Pruitt, President
of the American Academy of Child and Adolescent Psychiatry; Dr.
William Schulz, Executive Director of Amnesty International USA;
Kenneth Roth, Executive Director of Human Rights Watch; Bob Chase,
President of the National Education Association; Randall Robinson,
President of TransAfrica; Charles Lyons, President of the US Committee
for UNICEF.
The debate on age continues and more efforts have
been made by other countries. In August 1999, the Nordic Foreign
Ministers from Denmark, Finland, Iceland, Norway, and Sweden,
signed a declaration against the use of child soldiers. In this
declaration the Nordic Foreign Ministers supported an optional
protocol to the Convention on the Rights of the Child stipulating
that anyone under the age of 18 years not be recruited into their
armed forces nor allowed to take any part in hostilities. This
optional protocol has not yet been added to the Convention.
On August 25, 1999 the UN Security Council passed
Resolution 1261 condemning the effects of war on children. The
resolution strongly condemns the targeting of children and the
recruitment of children in armed conflicts, but it does not call
for a total prohibition on any recruitment or participation in
armed conflict of children under the age of 18. Following the
principles of international law and the Rome Statute of the International
Criminal Court the resolution prohibits only the use of children
under the age of 15 in armed conflicts because it is considered
a war crime. According to the Rome Statute of the International
Criminal Court "conscripting or enlisting children under
the age of 15 into the national armed forces or using them to
participate actively in hostilities" is considered a war
crime. (Art. 8, XXVI)
Rehabilitation of Child Soldiers: a Step Towards
a Better Future
In recent years there have been important international
developments in establishing rehabilitation centers for ex-child
soldiers. Rehabilitation centers now exist in Africa and Colombia.
In Africa there is the Family Home Care Center in Lakka, Sierra
Leone directed by COOPI, an Italian NGO, in collaboration with
UNICEF and the Family Homes Movement. There is also the Reconstruindo
a Esperança (Rebuilding Hope) Center in Maputo, Mozambique
where a group of psychiatrists help former child soldiers re-enter
mainstream society. In Colombia the Colombian Welfare Institute
(ICBF) houses combatant children while awaiting openings in a
rehabilitation center.
The use of child soldiers is arguably worst in
Africa. It is there, however, that the most progress has been
made in raising the age of conscription to 18 and in involving
ex-child soldiers in rehabilitation centers. The 1990 African
Charter for the Rights and Welfare of the Child prohibits both
recruitment and use of children under 18 as soldiers. It has thus
far been ratified by only 15 of the 53 African countries members
of the Organization of African Unity (OAU). Among the 15 states
that have ratified are Angola, Benin, Mozambique, Senegal Togo,
and Uganda. Although the Charter came into force on November 20,
1999, Angola and Uganda are still recruiting children under the
age of 18. Angola recruits children at 17 and Uganda at 13 years
of age as volunteers.
In October 1999 a Conference was held in Berlin
on the use of child soldiers in Europe. The conference brought
a new hope to the child soldiers issue. Its Berlin Declaration
calls for the swift adoption and implementation of new international
law prohibiting all participation in armed conflict of children
under 18 years of age. However, the declaration was weakened by
the refusal of a number of European states to adopt 18 as the
minimum age for the participation in armed conflict -- notably
Austria, France, Germany, Luxembourg, the Netherlands, and the
UK. In addition, the UK intends to continue its policy of recruiting
girls and boys at 16 years of age and deploying them at 17.
Despite this, a gleam of hope has started to light
the path towards change. The US Congress has already passed a
resolution (S.Con.Res.72) introduced by Senator Paul Wellstone
(D-MN), which condemns the use of child soldiers, calls for greater
support for rehabilitation and reintegration efforts for ex-child
soldiers, and urges the US not to block a ban on the participation
of children under 18 in the armed forces. The resolution was referred
to the Senate Committee on Foreign Relations on November 10, 1999.
In addition, the UN Secretary-General Special's
Representative for Children and Armed Conflict, Olara A. Otunnu,
presently serves as advocate for children in armed conflicts and
is recognized widely for his catalytic work with the United Nations
and NGOs concerned about the child soldiers issue. Otunnu has
been an advocate for child soldiers, who recognize in him a source
of hope for their future. Otunnu has made an outstanding contribution
to the protection and the rehabilitation of children involved
in armed conflicts by informing and mobilizing international public
opinion. He has made people more aware of the fact that the welfare
of children affected by armed conflict is a priority issue for
the entire world.
It is uncertain if substantial changes can be made
in a short time when the international debates center on legal
age rather than on the humanitarian problems that these children
have to face; but as Otunnu said in his report to the United Nations
General Assembly on October 26, 1999, "hopes have been renewed
by the extraordinary things done by ordinary people." The
efforts of these ordinary people, such as you and me, cannot be
underestimated.
There are many things that we as citizens can do
to make a change and give more hope to solving the problem of
child soldiers. These include: Join the US campaign to stop the
use of child soldiers, by writing or calling the President, the
Secretary of State and the members of Congress on this issue.
Support the implementation of the Wellstone Senate Resolution.
Cooperate with others in your community to publicize the issue
of child soldiers in all media - newspapers, radio talk shows,
and TV. Support the adoption of an Arms Trade Code of Conduct
that would ban the shipment of conventional weapons to countries
violating human rights and where light weapons can be easily purchased
on the market by children. An Arms Trade Code of Conduct bill
(HR2269) has been introduced by Congresswoman Cynthia McKinney
(D-GA). The bill is now held in the House International Relations
Committee and the House Armed Services Committee. Support humanitarian
organizations, such as Human Rights Watch (HRW), UNICEF, Amnesty
International, Free the Children, and Rädda Barnen (Swedish
Save the Children), that unhesitatingly struggle to set the minimum
age at 18, support the Optional Protocol to the Convention on
the Rights of the Child, and advocate demobilizing and reintegrating
child soldiers into the community.
The efforts of ordinary people can help renew the
culture of peace in all countries. The culture of a country is
very important and people who get together and combine their forces
can eliminate the sources of violence that are nourished by the
availability of light weapons, violence in the entertainment media,
and tolerance of domestic violence, and other factors. A global
change occurred when ordinary people helped to conduct the campaign
to ban landmines, and now it is time to do something to stop the
use of child soldiers. Do not let the opportunity slip away to
give hope to these children. Believe in the power of one. Even
if your voice may seem faint, do not hesitate to let others hear
about this serious and urgent matter. You really can create change!
Stefania Capodaglio was the first Ruth Floyd Intern for Human
Rights at the foundation's Santa Barbara headquarters. She is
a student at the Catholic University of Milan.
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