Vindya HETTIGE and Chamindi EKANAYAKE
"Wars must never be fought by children. Whether children are forcibly
recruited to join armed groups in order to escape poverty or hunger, or
enlist to actively support a cause, the first loss is their childhood."
Ann M. Veneman, Executive Director, UNICEF
 VICTIMS: Children in conflict zones can be considered as the most
vulnerable among the vulnerable.
They become easy victims of the atrocities of war. They are subjected
to killing, injuries, loss of loved ones and become deprived of the
basic necessities such as food, shelter, healthcare and education.
In other words "war" robs them of their childhood. Although not
properly recorded children can be considered the greatest casualties of
any conflict.
A UNICEF Report in 2005 estimated that in civil wars after the 1990s,
90% of the deaths are that of civilians, among which 80% of such deaths
are that of women and children.
The greatest atrocity faced by children today is that of child
conscription or child recruitment. "Recruitment" has been defined as
"any means, formal or de facto, by which a person becomes a member of
the armed forces or of an armed group". (Junod, Commentary on the
Additional Protocols, Article 4, No. 4557, p 1380)
This includes therefore conscription (obligatory military service),
voluntary enlistment and forced recruitment.
In the war zone child recruitment can occur due to poverty, injustice
and lack of opportunities.
Although seen as a crime today in the domestic and the international
sphere child soldiers were viewed differently in the early periods of
history. There were many tribes which would train its young men to
become warriors.
Since the middle ages children were recruited to the British army and
during the American civil war it was estimated that around 250,000 -
420,000 child soldiers served both sides of the conflict and their
valour and bravery were glorified in history.
For example Clarence D. Mckenzie, the drummer boy of the Brooklyn
13th Regiment was killed when he was only 12 and a statue of a boy and
his drum was erected at the Brooklyn Cemetery and it was visited by many
people.
Consequent to the experiences of two bloody world wars and countless
number of international and civil wars, contemporary thinking about
child soldiers has changed in leaps and bounds and today the greatest
concern of the international community, Governments and civic society is
the prevention of the recruitment of children into armed forces.
Accountability
There are four kinds of international laws in relation to child
soldiers which are in existence today i.e. international humanitarian
law, international human rights law, international labour law and
international criminal law.
According to Article 4 (3)c, Additional Protocol II of the Geneva
Convention (which is applicable to internal conflicts like the Sri
Lankan situation) and Article 38 of the Convention on the Rights of the
Child, the minimum age of recruitment for participation in hostilities
is 15 years.
But the age limit was increased by the Optional Protocol to the
Convention of the Rights of the Child on the Involvement of Children in
Armed Conflict to 18 years in 2000.
The UN Security Council Resolution 1261 (28th May 1999) and 1314
(11th August 2000) also called for concrete international action to stop
the use of children as child soldiers.
Furthermore the United Nations declared 2001-2010 'the Decade for a
culture of peace and Non violence for the Children in the world'. Maputo
(April 1999), Montevideo (July 1999) Berlin (October 1999) Kathmandu
(May 2000)] Declarations on the Use of Children in Hostilities requested
States to put an end to the use of children as soldiers.
Under international labour law the International Labour Organization
in their resolution 182 (1999) included forced or compulsory recruitment
of children under the age of 18 for use in armed conflict as one of the
worst forms of child labour.
However all the above documents refer to the involvement of children
in hostilities by the state parties but in Sri Lanka the situation is
different as children are being recruited by non-state actors.
In 2003, the LTTE and the Sri Lankan Government agreed on an action
plan for children affected by the armed conflict and the LTTE pledged to
end all recruitment.
But in 2004 UNICEF statistics revealed that twice the number of
children were recruited compared to the number released by the LTTE! The
question is can they be held accountable?
There are ways in which a non state actor can be made accountable. An
important breakthrough came with the establishment of the International
Criminal Court in 2002 in accordance with the Statute of Rome in 1998.
Article 25 of the Statute introduced the concept of individual
criminal responsibility and Article 8 of the Convention states that
conscripting or enlisting children under the age of 15 in to armed
forces or groups in an internal war is to be considered as a war crime.
The ICCs first test
Situation: Democratic Republic of the Congo
Case: Prosecutor v. Mr Thomas Lubanga Dyilo
A mile stone was reached in March 2006 with the arrest of Thomas
Lubanga by the International Criminal Court on a charge of conscripting
and enlisting children and actively using them in hostilities in the
Democratic Republic of Congo (DRC).
On the 9th of November 2006 a panel of three pre-trial judges began
hearing evidence in the case against Lubanga to determine whether there
was sufficient evidence to try him before the ICC.
Lubanga a former leader of a militia group in the Ituri district of
the DRC, is charged with enlisting and conscripting children under the
age of 15 years and using them to participate actively in hostilities.
The Prosecutor formally charged Mr. Lubanga Dyilo on 28 August 2006.
The charges
Mr. Lubanga Dyilo was the President of the Union des Patriotes
Congolais (UPC) and the Commander-in-Chief of its military wing, the
Forces Patriotiques pour la Lib,ration du Congo (FPLC), one of the most
dangerous militias in Ituri.
The Prosecutor alleges that Mr. Lubanga Dyilo controlled and
coordinated a deliberate plan to enlist and conscript children
systematically and in large numbers, including children under the age of
15 years, and even as young as 10, and that he executed the plan,
jointly with his subordinate FPLC commanders.
The Prosecutor will resort to the use of multiple documents, which
includes testimonies from victims and witnesses, to support the charges
against Mr. Lubanga. The charges refer to six individual cases that
reflect the overall experiences of hundreds of child soldiers who were
under FPLC command.
The hearing is expected to last three weeks at the conclusion of
which the judges have 60 days to decide whether to proceed with the
trial, to dismiss the case or to order the prosecution to amend the
charges. The trial proper could begin in 2007.
Chief Prosecutor Luis Moreno-Ocampo has rightly said that "This case
is a landmark in the fight against impunity for these crimes affecting
children in the DRC and worldwide," Deputy Prosecutor Fatou Bensouda
stated that "Regardless of the outcome of the proceedings, this case
exposes the destructiveness of forcing children to fight adult wars, a
practice that puts their lives at risk and jeopardizes entire
communities."
New breakthroughs
The Government of Sri lanka has recently brought in the Penal Code
(Amendment) Act No 16 of 2006, which according to Section 358 A (1) (e)
stipulates that " any person who engages or recruits a child for use in
armed conflict shall be guilty of an offence and will be liable for
imprisonment of either description for a term not exceeding 30 years and
also be fined." The amendment moreover affirms that a child is a person
under 18 years of age in conformity with the CRC .
Although Sri Lanka has not ratified the Rome Statute, a State which
is not a party can still make a declaration to the effect that it
accepts the court's jurisdiction or under Chapter VII of the UN Charter
the Security Council may refer a situation to the prosecutor of the
International Criminal Court for investigations.
The problem in Sri lanka is a grave one. Countless warnings and
requests directed at the LTTE have fallen on deaf ears. In the light of
such dismissive and indifferent behaviour, one can only hope that the
Lubanga case at the ICC will set an effective precedent and that the
parties responsible for this atrocious crime maybe held accountable in
the near future. Surely we owe that much to our children.
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Ranjan AMARASINGHE
GUIDANCE: The prevalent practice of using child soldiers by
numerous militant groups, as a device, facilitating the speedy
realisation of their set-targets should be condemned without any
reservations.
Undoubtedly young children deserve tender care and special attention
very specially from their beloved parents. Therefore they are entrusted
with the cardinal duty of playing a pivotal role, in guiding their
offspring in the correct path imbibing them with good qualities.
Such benevolent guidance will go in a long way in developing their
children's personality to its full potential. It is in this perspective
the enrolment of young children as soldiers for combat operations,
should be considered as an abominable practice, which if not halted
promptly, would definitely have grave repercussions.
These children who are used as fodder by crafty demagoges, are
subjected not only to physical harm, but also to a traumatic experience
which undoubtedly affect their mentality adversely, Besides these
children who are vulnerable due to their poor physical strength, are
bound to perish in large numbers in combat operations, which itself is a
gross denial of their inalignable right of enjoying a carefree
childhood.
Furthermore, these children who are indoctrinated by the ruthless
militants do not allow them to exercise their free-will as they are
expected to worship their war-mongers with blind-faith.
Undoubtedly any right-thinking person who has a little knowledge of
basic human rights, would certainly find the recruitment of child
soldiers as an anomaly which has to be eradicated by using the maximum
force whenever necessary.
In the global arena developing the quality of the life of its
citizens irrespective of their age, status and gender is an important
task, which would have beneficial effects in the long run. Therefore the
concern shown by the International Agencies such as UNESCO and Amnesty
whenever children's rights were affected, should not be interpreted as
an undue infringement on our sovereign status.
However it is essential that the credibility of these INGOs and NGOs
is monitored as there have been severe criticism against some of these
organisations in the recent past for they have been accused of
mollycoddling the LTTE which has been banned in many foreign countries
such as United Kingdom and the United States as a ruthless terrorist
organisation.
They have not stopped recruiting of children as child soldiers, in
spite of growing International pressure, to which they have upto now,
not given any positive response.
Ironically, it has been proved in numerous occasions, that many
terrorist groups throughout the world are not responsive to constructive
criticism, in their pursuit of achieving their utopian dream of
establishing their own state.
Therefore it is the bounden duty of each and every citizen of the
global village to denounce this heinous practice, vehemently, as a
necessary step which will go in a long way in safeguarding the
children's basic human rights.
In this endeavour of protecting the rights of children who are used
as child soldiers, the public cooperation is an essential ingredient as
they should mobilise against this blatant denial of children's rights in
unision rather than being passive spectators, so that many terrorist
organisations, throughout the world, would have to bow down to their
vociferous protests and stop this unethical and uncivilised practice
permanently.
To that end all of us must contribute to make sure that they would
have a conducive environment to grow up under their parental supervision
and care, which would certainly, give them sufficient confidence and
also a positive outlook, thus enhancing their personalities to dizzy
heights.
The unfortunate children who are rounded up by terrorist
organisations, whose cadres are obviously oblivious to their physical
and mental well-being, who are unable to comprehend that the scars of
war would cause these children a traumatic experience needing
psychiatrists counsel for a long period of time.
Furthermore the physical wounds which may necessitate them to
amputate their limbs would definitely cause them a lot of heart-burn.
In addition it would make them invalids who would not be able to
participate in any social activity, thus frustrating them, as they are
unable to bear, such situations, like adults in their tender age.
The vision of peaceful existence in which all the citizens of the
global village can embrace in harmony is the ultimate goal of the
majority of the world populace, in spite of war-drums chiming at even in
their door-steps.
Therefore no parent in his or her right frame of mind, will allow
their children to join any terrorist organisation, well knowing it would
have damning consequences on their children such as the very possibility
of encountering the mortal wounds by their children, which very
situation would give them unbearable grief. Finally the mental and
physical well-being of all the citizens irrespective of any distinction
should be protected by the state.
Therefore the vulnerable group of our society, namely the children in
their tender age must be safeguarded with vigilance not only by the
state but also by the citizens of their respective countries and law
enforcing authorities.
Then only the future prosperity of any country can be predicted with
conviction, for such positive measures of clairvoyance would undoubtedly
give a harvest of fruitful results in the long run thus safeguarding the
rights of children.
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CHILDHOOD: In more than thirty countries around the world,
approximately 300,000 minors under the age of 18 have been denied their
childhood for armed conflicts.
These child soldiers, both boys and girls, are forced by terrorist
outfits to take part in all military aspects. They are ordered to serve
as human mine detectors, cooks, messengers, spies, lookouts, sex slaves,
front-line combatants, or partakers in suicide missions.
At such a young age, these child combatants experience the horrors of
war.
They become witnesses or victims of extreme physical violence, which
includes beheadings, amputations, massacres, bombings, death squad
executions, torture, arrests, forced displacement, sexual abuse, and
destruction of property.
They are forced to contribute their services in these acts, and are
given drugs to eradicate any fear or reluctance.
Notorious Countries: Child soldiers serve armed revolt groups such as
the Liberation Tigers of Tamil Eelam(LTTE), Khmer Rouge, the Shining
Path of Peru, Palestinian groups, and the armies of Angola, Colombia,
Lebanon, Liberia, Sierra Leone, Sudan, and Uganda.
In Colombia, thousands of children, some as young as eight years old,
are forced by guerillas to collect intelligence, assemble and install
mines, and participate in ambush attacks as advance troops.
In Lebanon, children as young as twelve years of age are drafted to
the Israeli auxiliary militia - South Lebanon Army (SLA).
Those who refuse the enlistment are at risk for the complete
expulsion of themselves and their families from the occupied zones.
In Angola, Sierra Leone, and Uganda, girls are forced to commit
sexual acts, in addition to combative assignments. Rebel commanders have
often impregnated girls, forcing them to strap their babies to their
backs and continue fighting.
Ideal Soldiers: Because children are physically vulnerable and easily
intimidated, terrorist groups find them ideal for obedient cadres.
Many children are kidnapped or recruited by force, under the threat
of death. Others volunteer their services to armies during times of
societal struggles. During these times, schools are likely to be
inaccessible and families are likely to be separated or driven from
their homes.
As a result, many children view the military as their only chance for
survival. Others join the military to escape poverty or to avenge the
deaths of family members.
Effects on Children : Child soldiers are subject to higher fatalities
than their adult counterparts, due to their immature bodies and lack of
experience.
Even after they are freed from armed conflicts, they may be left
physically disabled or psychologically traumatized. Because child
soldiers are often denied schooling or a chance at learning job skills,
they often find it difficult to settle in their society.
Being educated only of war skills, child veterans are very likely to
be drawn into crime or future recruitment.
Statistical Information:
1. Approximately 300,000 children under 18 - some as young as seven -
are fight in armed conflicts.
2. From 1985-1995: A) 2 million children lost their lives in
conflict. B) 1 million children were separate from their parents by
conflict. C) Between 4 and 5 million children were seriously injured by
conflict.
3. 9 out of 10 people killed in today's wars are civilians, most of
which are women and children.
4. There are approximately 110 million active land mines in over 70
countries. An estimated 2,000 people - many of them children - are
involved in landmine accidents every month. Around 800 children will
die; the rest will be maimed.
5. In the United Kingdom, babies under one year of age are four times
more likely to be murder victims than any other age group.
6. Internationally, 50 million people have been forced from their
homes by conflict. About 7 million of these are children classified as
refugees.
LTTE and child soldiering
"Tamil child soldiers" is a much discussed subject which does not
need elaboration. But the way they are brainwashed the way they are
intimidated to commit murders -it is blood curdling.
The eye witnesses who were stopped by the LTTE while fleeing from
Muthur said the Muslim youth were taken out one by one and their hands
were tied, and then the child Tamil LTTE soldiers were pushed to the
forefront and were compelled to shoot the Muslim boys, and the elder
ones stood behind them and threatened to shoot the Tamil youth if they
do not shoot the Muslims youth".
The UNICEF has handed over to the LTTE a list of 1,387 child soldiers
on the rolls of the Tigers and urged it to stop recruiting underage
fighters and release those who are already enlisted. For the past two
decades reports keep piling detailing human-rights abuses in Sri Lanka.
The reports include firsthand accounts of forced recruitment of child
soldiers by the Tamil Tigers. Latest reports on the use of child
soldiers by the Tamil Tigers records that child soldiers make up sixty
percent of the Tigers' latest recruits. Allegations of the rampant use
of child soldiers by the Tigers are nothing new.
The Coalition to Stop the Use of Child Soldiers, an international
watchdog group, has for a decade singled out the Tamil Tigers as one of
the worst offenders when it comes to using boys and girls, some as young
as nine years old, as foot soldiers.
"What [the families] are being told," a Tamil human rights activist
says, "is that if you don't give a child to the LTTE, that you're a
traitor and that you don't deserve to live here. Your house and property
will be confiscated and you will be driven out of the LTTE area.
"When the parents are forced to give up a child, they are made to go
before television cameras and make a claim that they are doing this
entirely voluntarily. Usually when this happens, the atmosphere in the
home turns to that of a funeral. Broken by the event, a number of [the
parents] have committed suicide."
UNICEF (United Nations Children Fund) two years ago embarked on a
multi million dollar program to reintegrate child soldiers into society.
LTTE forefathers of child recruitment : The practice of child
soldiers is far more widespread, and more important, than most realize.
There are as many as 300,000 children under the age of 18 presently
serving as combatants around the globe. Their average age is just over
12 years.
The youngest ever was an armed 5-year old in Uganda. The youngest
ever terrorist bomber was a seven year old in Colombia. Roughly 30% of
the armed forces that employ child soldiers also include girl soldiers.
Underage girls have been present in armed groups in 55 countries.
Children now serve in 40% of the world's armed forces, rebel groups, and
terrorist organizations and fight in almost 75% of the world's
conflicts; indeed, in the last five years, children have served as
soldiers on every continent but Antarctica.
An additional half million children serve in armed forces not
presently at war. The children are often abducted to fight and
participate in all the full horrors of war.
The result is that war in the 21st century is not only more
prevalent, but more tragic. With children's involvement, warlords,
terrorists, and rebel leaders alike are finding that conflicts are
easier to start.
A particularly troubling aspect is not only what happens during the
fighting, but the legacy it leaves for children after the fighting is
done.
That is, recovery from traumas of war is hard enough; it is all the
more difficult when the soldier in question is a child."
To an Online question, Dr. P.W. Singer giving the birth and analysis
of suicide bombing says that almost all international terrorist groups
followed the lead given by Sri Lanka's Tamil LTTE: "When Muslim groups
began to use child suicide bombers, they were not actually breaking any
new ground.
Instead, they were following the lead of the Tamil LTTE in Sri Lanka,
which has consistently been one of the most innovative of terrorist
groups.
The LTTE, which has utilized suicide bombers to kill both the Indian
Prime Minister (Rajiv Gandhi) and the Sri Lanka President (Premadasa),
is a master at the technique. It even manufactured specialized denim
jackets designed to conceal explosives. Some are specially tailored in
smaller sizes for child suicide bombers."
LTTE terrorists have, however been, accused of continuing with
conscription of children into its rank despite agreeing to demobilize
its child brigades. But, the LTTE is believed to have approximately 2500
child combatants in its ranks.
Courtesy: www.defence.lk
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Next debate on 'Commercialisation of Christmas'
Today we conclude the debate that commenced three
weeks ago on 'the use of children as soldiers'. Thank you for your
contributions which provided diverse perspectives on the issue of
recruiting children for combat.
As the month of Christmas has arrived, take some time
to ponder over the present attitudes to Christmas. The 'Daily News
Debate' for next month is 'The Commercialisation of Christmas'.
Misty mornings, a cool breeze and the sound of carol:
there is no getting away from the feel of Christmas wherever in the
world you are, even in many countries where Christianity is not the main
religion.
But, has Christmas been confined today to
decorations, Santas, tinsel and expensive gifts? Has the true spirit of
Christmas been obscured by shop windows advertising 'X'mas' sales? Does
the younger generation know the deeper meaning of Christmas?
Or, is a Christmas free of commercialisation only a
myth in the present market-based society? Is it possible to balance the
commercial aspects of the festival without losing the true meaning of
Christmas?
Send your views on the above topic before December 18
to 'Daily News Debate', Daily News, Associated Newspapers of Ceylon
Limited, PO Box 1217, Colombo, or via e-mail to
[email protected]. |
