THE PARIS PRINCIPLES

The principles and guidelines on children associated with armed forces or armed groups

February 2007

Table of Contents

Background to the principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Overview of the principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Purpose of the principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Scope and target audience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

General principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Preamble. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Non-discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Best interests of the child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Children and justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Treatment of those accused of violations of children’s rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Treatment of children accused of crimes under international law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

The right to life, survival and development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Children’s right to release from armed forces or armed groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Participation and respect for the views of the child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Operational principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Preamble. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Accountability and transparency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Context-specific programming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Capacity strengthening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Funding and other support for the prevention of unlawful recruitment or use

and the release and reintegration of children. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Coordination, Collaboration and Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Information-sharing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Media coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Refugee children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Internally displaced children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Ratification and implementation of international legal standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Prevention in relation to refugees and internally displaced persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Monitoring and reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Advocacy for prevention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Prevention and education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Building local initiatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Preventing the unlawful recruitment or use of girls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Family unity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

6. Prevention of unlawful recruitment or use 14

5. Refugee and internally displaced children 13

4. Addressing the specific situation of girls 12

3. Overarching principles 8

2. Definitions 7

1. Introduction 5

The principles and guidelines on children

associated with armed forces or armed groups1

Planning and preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Protection of children who have been associated with armed forces or armed groups. . . . . . . . . . . . . . . . . . . . . . . 19

Advocacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Armed groups. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Peace processes and peace agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

The release process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Eligibility for the release process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

The release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

The release of children who are not in their state of nationality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Girls and the release process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Interviewing children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

An inclusive approach to reintegration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Material assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Family tracing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Support for families and communities to which children return or integrate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Family reunification and family based care arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Supporting children in finding a role in their community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Children with a disability and others requiring particular support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Interim care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Children who were not separated from family or community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Prevention of re-recruitment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

The reintegration of girls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Psychosocial aspects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Reintegration, education, vocational and skills training and livelihoods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Ending the culture of impunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

The treatment of children within justice mechanisms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Information management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Truth-seeking and reconciliation mechanisms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Civil proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

10. Monitoring and evaluation of programme interventions 31

9. Monitoring and follow-up 30

8. Justice 29

7. Release and reintegration 19

1) This document exists in English and French. In case of discrepancy between the two languages, English is to be considered the definitive version.

Hundreds of thousands of children are associatedwith armed forces and armed groups in conflicts aroundthe world. Girls and boys are used in a variety of waysfrom support roles, such as cooking or portering, to activefighting, laying mines or spying and girls are frequentlyused for sexual purposes. This recruitment and use ofchildren violates their rights and causes them physical,developmental, emotional, mental, and spiritual harm.

The recruitment and use of children by armed forcesand armed groups has been a focus of internationalattention and has been widely condemned, yet childrencontinue to be involved in adult wars and to becomedisabled or die in such conflicts. While the release andreintegration into civilian life of many of these childrenhas been supported through interventions andprogrammes designed to assist them, others havereturned home on their own, often to face an uncertainfuture and a further fight for acceptance from their familyand community. Girls in particular are likely to bestigmatized and even rejected by their community if it isknown that they have been used by an armed force orarmed group and the rejection of their children may beeven more severe. Other children are encouraged by theirfamilies and communities to participate in armed conflict,despite the danger and harm this involves. Despite theirexperiences, such children are resilient and cancontribute constructively to reconstruction and reconci-liation efforts if given appropriate help, support andencouragement.

Background to the principlesAlmost a decade after they were agreed, UNICEF

initiated a global review of the “Cape Town Principles andBest Practices on the Prevention of Recruitment ofChildren into the Armed Forces and on Demobilizationand Social Reintegration of Child Soldiers in Africa” (“theCape Town Principles”). Adopted in1997, the Cape TownPrinciples were the result of a symposium organised byUNICEF and the NGO Working Group on the Conventionon the Rights on the Child to develop strategies forpreventing recruitment of children, demobilising childsoldiers and helping them to reintegrate into society. ThePrinciples have obtained recognition well beyond thisoriginal group to become a key instrument to inform thedevelopment of international norms as well as shifts inpolicy at the national, regional and international levels.

The accumulated knowledge gained from wideranging and diverse experience in this field since 1997 hasled to a more community-based and inclusive approach.There is a growing awareness of the multiple dimensionsof the use of children by armed forces or armed groupsand the complexities of dealing with the problem andaddressing root causes. Together with changes such asthe inclusion of recruitment of children under 15 years asa war crime in the International Criminal Court Statuteand the development of jurisprudence in this area, thesefactors prompted recognition of the need to update thePrinciples and to increase their endorsement beyondactors who specialise in children’s rights.

An extensive review process was undertaken byUNICEF together with partners involving seven regionalreviews, some including regional or sub-regionalworkshops, carried out in 2005 and 2006. This led toagreement on the need for two documents; the first ashort and concise document – The Paris Commitments toProtect Children Unlawfully Recruited or Used by ArmedForces or Armed Groups (“The Paris Commitments”) andthis second, complementary document The Principlesand Guidelines on Children Associated with Armed Forcesor Armed Groups (“the Paris Principles”), which providemore detailed guidance for those who are implementingprogrammes. Drafting of the documents was carried outin consultation with a reference group representing awide range of actors. Revisions were made to incorporaterecommendations made during a meeting held in NewYork in October 2006 which brought together implemen-ting organisations, experts and other interested partiesfrom across the globe. Broad political endorsement fromStates for the Paris Commitments and Paris Principles ata ministerial meeting held in Paris in February 2007.

Overview of the principlesBased on international law and standards and on the

original Cape Town Principles this document incorporatesknowledge and lessons learned and in particularemphasises the informal ways in which boys and girlsboth become associated with and leave armed forces orarmed groups. Taking a child rights-based approach tothe problem of children associated with armed forces orarmed groups, the Principles underscore thehumanitarian imperative to seek the unconditionalrelease of children from armed forces or armed groups atall times, even in the midst of conflict and for the durationof the conflict.

The Principles recognise that, in situations of armedconflict, States and armed groups are the primary actorsresponsible for the protection of civilians in their effectivecontrol and that if they are unable or unwilling to meet allof their humanitarian responsibilities directly they arecharged with enabling the provision of humanitarianaction by impartial actors.

The Principles are based on the following lessonsdrawn from global experience in implementing program-matic interventions to prevent recruitment, protectchildren, support their release from armed forces orarmed groups and reintegrate them into civilian life: 1.7.0 The precise nature of the problem and the solutionwill vary according to the context. A situation analysis,including a gender analysis, should inform and guide allinterventions;1.7.1 Any solution should address the needs of all childrenaffected by armed conflict and incorporate activities todevelop and support local capacity to provide a protectiveenvironment for children;1.7.2 The protective environment should incorporatemeasures to prevent discrimination against girls whoseuse in armed conflicts is pervasive yet often unrecognisedand to promote their equal status in society;

1.7

1.6

1.5

1.4

1.3

1.2

1.1

1.0

1. Introduction

5

1.7.3 A long term commitment by all actors to prevent theunlawful recruitment or use of children, promote theirrelease from armed forces or armed groups, protect themand support their reintegration is essential;1.7.4 The family including the extended family and clanand the community should be actively incorporated in thedevelopment and implementation of interventions andactivities, and they in turn should participate in findingsolutions. The inclusion of continuous advocacy to raiseawareness of the criminality of recruiting children(including toward parents who “volunteer” the services oftheir children).

For solutions to be sustainable, child protectionneeds to span humanitarian and development program-mes, requiring a strategic, child-centred coordinationbetween civil society, humanitarian/emergency, peace-keeping and development and reconstruction actors. Inorder to address the underlying causes of childrecruitment, to address the fluid nature of most armedconflicts and to address the need to take action forchildren while conflict is still active, the preparation of anappropriate strategic response, supported by adequatefunding, is required urgently as soon as children’sunlawful recruitment or use by armed forces or armedgroups is identified as a possibility and for the immediate,medium and long term. From the earliest possible stages,development actors should also involve themselves instrategies for the prevention of unlawful recruitment andthe reintegration of children into civilian life.

Purpose of the principlesThese Principles reflect experience and knowledge

from across the globe and are intended to both fostergreater programmatic coherence and support andpromote good practice.

Scope and target audienceThe Principles were developed by, and intend to

affect the behaviour of, a broad range of actors including:States (both affected countries and donor governments),human rights actors, humanitarian actors, developmentactors, military and security actors (state and non-state),associated organisations including UN organisations,other inter-governmental actors, national and inter-national organisations and community based organi-sations. While some of these actors have a specificmandate or role in relation to children, all have a role toplay and broad responsibility for the rights and wellbeingof children associated with armed forces or groups.

These Principles are designed to guide interventionsfor the protection and well-being of such children and toassist in making policy and programming decisions. Theprinciples aim to guide interventions with the followingobjectives:1.11.1 To prevent unlawful recruitment or use of children;1.11.2 To facilitate the release of children associated witharmed forces and armed groups;1.11.3 To facilitate the reintegration of all childrenassociated with armed forces and armed groups;1.11.4. To ensure the most protective environment for allchildren.

While it is recognised that no one set of ‘bestpractice’ applies in all contexts, these Principles aredesigned to provide a framework and bring together ideasand approaches which have been used successfullyacross the globe.

The Principles should be used alongside otherresources; the UN Integrated Disarmament, Demobi-lisation and Reintegration Standards (IDDRS) modules onchildren, youth and gender provide comprehensiveguidance particularly in relation to those children whoenter a formal “Disarmament, Demobilisation andReintegration” (DDR) process.

The Principles, as well as the Paris Commitments,are also designed to assist States and donors in meetingtheir obligations and taking funding decisions. Effort hasbeen made to ensure that the Principles are consistentwith relevant international law, notably legislation relatedto the minimum age of recruitment. While recognisingthat States have different obligations under internationallaw, a majority of child protection actors will continueadvocating for States to strive to raise the minimum ageof recruitment or use to 18 in all circumstances.

1.14

1.13

1.12

1.11

1.10

1.9

1.8

6

For the purposes of these Principles

“Child” refers to any person less than 18 years ofage in accordance with the Convention on the Rights ofthe Child.

“A child associated with an armed force or armedgroup” refers to any person below 18 years of age who isor who has been recruited or used by an armed force orarmed group in any capacity, including but not limited tochildren, boys and girls, used as fighters, cooks, porters,messengers, spies or for sexual purposes. It does not onlyrefer to a child who is taking or has taken a direct part in hostilities.

“Armed forces” refers to the armed forces of aState.

“Armed groups” refers to groups distinct fromarmed forces as defined by Article 4 of the OptionalProtocol to the Convention on the Rights of the Child onthe involvement of children in armed conflict.

“Recruitment” refers to compulsory, forced andvoluntary conscription or enlistment of children into anykind of armed force or armed group.

“Unlawful recruitment or use” is recruitment oruse of children under the age stipulated in theinternational treaties applicable to the armed force orarmed group in question or under applicable national law.

“Release” Includes the process of formal andcontrolled disarmament and demobilisation of childrenfrom an armed force or armed group as well as theinformal ways in which children leave by escaping, beingcaptured or by any other means. It implies a disasso-ciation from the armed force or armed group and thebeginning of the transition from military to civilian life.Release can take place during a situation of armedconflict; it is not dependent on the temporary or perma-nent cessation of hostilities. Release is not dependent onchildren having weapons to forfeit.

“Disarmament”2 is the collection, documentation,control and disposal of small arms, ammunition,explosives and light and heave weapons of combatantsand often also of the civilians population. Disarmamentalso includes the development of responsible armsmanagement programmes.

“Child Reintegration” is the process through whichchildren transition into civil society and enter meaningfulroles and identities as civilians who are accepted by theirfamilies and communities in a context of local andnational reconciliation. Sustainable reintegration isachieved when the political, legal, economic and socialconditions needed for children to maintain life, livelihoodand dignity have been secured. This process aims toensure that children can access their rights, includingformal and non-formal education, family unity, dignifiedlivelihoods and safety from harm.

“Formal DDR process”3 is the formal and controlleddischarge of active combatants from armed forces orother armed groups. The first stage of demobilisation mayextend from the processing of individual combatants intemporary centres to the massing of troops in campsdesignated for this purpose (cantonment sites, encamp-ments, assembly areas or barracks). The second stage ofdemobilisation encompasses the support packageprovided to the demobilised [adults], which is calledreinsertion.

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2.8

2.7

2.6

2.5

2.4

2.3

2.2

2.1

2.0

2. Definitions

7

2) Report of the Secretary General A/60/705 Disarmament, demobilization and reintegration, 2 March 20063) Report of the Secretary General A/60/705 Disarmament, demobilization and reintegration, 2 March 2006

General principles

PreambleAll children are entitled to protection and care under

a broad range of international, regional and nationalinstruments. The most widely ratified human rightsinstrument is the 1989 Convention on the Rights of theChild. States have primary responsibility for theprotection of all children in their jurisdiction. A childrights approach, meaning that all interventions aredeveloped within a human rights framework, shouldunderpin all interventions aimed at preventingrecruitment or use, securing the release of, protecting,and reintegrating children who have been associated withan armed force or armed group. Funding should be madeavailable for this programming, according to the rightsand needs of the children, irrespective of formal orinformal peace processes or the progress of formal adultDDR processes.

Non-discrimination4

Discrimination may arise in various ways: on thebasis of sex, between vulnerable groups upon reintegra-tion and between children who were associated withdifferent armed forces or armed groups or based on socialdefinitions such as ethnicity, religion, disability or caste.

Girls and their children: Pro-active measures mustbe taken to ensure the full involvement and inclusion ofgirls in all aspects of prevention of recruitment, releaseand reintegration, and services should always respond totheir specific needs for protection and assistance.Extreme sensitivity is required when seeking to identifyand assist girls in order not to increase the stigmaattached to their involvement and make their situationworse. It is central to programming interventions thatattention be paid to the particular needs for protection andsupport both of girl mothers and of children born to girlsas a result of their recruitment by an armed force orarmed group.

Reintegration: Measures to secure the reintegrationof children into civilian life should not stigmatise or makeany negative distinction between children who have beenrecruited or used and those who have not, nor betweenchildren who have been recruited or used for temporary orshort periods of time and those who have been recruitedor used permanently or for longer periods of time. It isalso detrimental to all conflict-affected children if othervulnerable children who have not been associated witharmed forces or armed groups are placed at adisadvantage vis-à-vis those who have been so associated.

Best interests of the child5

The release of children from armed forces or armedgroups, their reintegration and prevention of recruitmentand re-recruitment require priority attention. Actions inthis regard must not be dependent or contingent on orattached in any way to the progress of peace processes.All measures to assure the release of children, theirprotection and the prevention of the recruitment ofchildren shall be determined by the best interests of suchchildren.

Prevention of recruitment, release, protection andreintegration are interdependent and indivisible. Effortsto develop lasting solutions to children’s recruitment oruse by armed forces or armed groups, and to prevent itsfuture occurrence, should be inclusive of all childrenaffected by armed conflict and address other egregiousviolations of children’s rights under applicable interna-tional law or the national law of the countries affected.

Children and justice

Treatment of those accused of violations of children’s rights

Those suspected of committing crimes againstchildren under international law should receive particularattention in post-conflict or transitional justice mecha-nisms. No amnesty for crimes under international law,including those committed against children, should begranted in any peace or cease-fire agreement.

Treatment of children accused of crimes under international law

Children who are accused of crimes underinternational law allegedly committed while they wereassociated with armed forces or armed groups should beconsidered primarily as victims of offences againstinternational law; not only as perpetrators. They must betreated in accordance with international law in aframework of restorative justice and social rehabilitation,consistent with international law which offers childrenspecial protection through numerous agreements andprinciples.

Wherever possible, alternatives to judicial procee-dings must be sought, in line with the Convention on theRights of the Child and other international standards forjuvenile justice.6

3.7

3.6

3.5

3.4.1

3.4.0

3.3

3.2

3.1

3.0

3. Overarching principles

8

4) 1989 Convention on the Rights of the Child, Article 25) 1989 Convention on the Rights of the Child, Article 3 (1).6) 1967 International Covenant on Civil and Political Rights, United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The BeijingRules") GA Res. 40/33 (1985); United Nations Guidelines for the Prevention of Juvenile Delinquency (“The Riyadh Guidelines”) U.N. Doc. A/45/49 (1990).

Where truth-seeking and reconciliation mechanismsare established, children’s involvement should bepromoted and supported and their rights protectedthroughout the process. Their participation must bevoluntary and by informed consent by both the child andher or his parent or guardian where appropriate andpossible. Special procedures should be permitted tominimize greater susceptibility to distress.

The right to life, survival and development7

Capital punishment or imprisonment for life withoutpossibility of release shall never be used against anyperson who is proved to have committed an offenceagainst international or domestic criminal law whileunder 18 years of age.8

Programmes and policies intended to benefitchildren associated with armed forces or armed groupsshould also be informed by a child development pers-pective. This includes considering and addressing the waychildren’s relationships with significant persons in theirlives have been affected by their experiences as well asthe way children’s experiences impact on their ownevolving capacities. A consideration of child developmentwill always include recognising the individual capacitiesand resources of children in surviving and overcomingtheir difficulties.

Children’s right to release from armed forces or armed groups

The unlawful recruitment or use of children is aviolation of their rights; therefore preventive activitiesmust be carried out continuously. The release, protectionand reintegration of children unlawfully recruited or usedmust be sought at all times, without condition and mustnot be dependent on any parallel release or demobi-lisation process for adults.

Where there are formal disarmament, demobi-lisation and reintegration (DDR) processes, specialprovision should be made for children. The absence of aformal DDR process, however, should not preventactivities in pursuit of the release of children from armedforces or armed groups. These actions may require orinclude separate negotiations with armed forces orarmed groups that are unrelated to the broader agendadriven by security reform or by other formal negotiationsprocesses. Where formal processes are in place, linkagesshould be made to ensure coordinated and compre-hensive support to the reintegration of children and theircommunities of return.

Where armed forces or armed groups haveunlawfully recruited or used children, advocacy efforts -undertaken in accordance with respective mandates -should guard against the securing of advantages fromsuch unlawful recruitment or use during peace negotia-tions and security sector reforms.

Participation and respect for the views of the child

All stages of programme assessment, planning,implementation and evaluation activities to prevent theassociation of children with armed forces or armedgroups secure their release, provide protection andreintegrate them into civilian life should include the activeparticipation of those communities concerned, includingchildren. The views of children in particular, as well as thefamilies and the communities to which children return,should always be sought.

Operational principles

PreambleChildren’s reintegration into civilian life is the ulti-

mate goal of the process of securing their release fromarmed forces or armed groups. Planning for reintegrationshould inform all stages of the process and shouldcommence at the earliest possible stage.

Accountability and transparency Actors seeking to support the children who are or

who have been associated with armed forces or armedgroups and to prevent such association should ensurethat their actions are based on child rights and humani-tarian principles, that applicable minimum standards inprogrammes are met and that systems for accountabilityare developed.9

All staff working with children must, as a conditionof employment, be informed of the requirement to befamiliar with and adhere to an effective code of conduct oftheir respective organisations which directly or implicitlyincludes the protection of children.10 Child protection andother actors should disseminate these standards andwhere possible provide training to partner organisationsand any other individuals or groups working with childrenincluding volunteers, local community based or religiousgroups. Mechanisms for monitoring and reporting viola-tions and holding those responsible to account should beestablished and used.11 Moreover, violations of thesecodes of conduct that are also criminal offences undernational law must also be reported to the relevant law-enforcement authorities.

3.17

3.16

3.15

3.14

3.13

3.12

3.11

3.10

3.9

3.8

9

7) 1989 Convention on the Rights of the Child, Article 6.8) 1989 Convention on the Rights of the Child, Article 37.9) These include: The Code of Conduct for the International Red Cross and Red Crescent Movement and NGOs in Disaster Relief, 1994; The Sphere Handbook,Humanitarian Charter and Minimum Standards in Disaster Response; Interagency Guiding Principles on Unaccompanied and Separated Children, ICRC 2004.10) See, for example, ‘Keeping Children Safe: A toolkit for child protection’, by the Keeping Children Safe Coalition, 2006.11) Further information can be found on http://ochaonline.un.org/webpage.asp?Site=sexex.

Context-specific programmingStrategies and programmes should be based on a

comprehensive analysis of the political, social, economicand cultural context, informed by a gender analysis. Thecomprehensive analysis should include threats, deficitsand weaknesses as well as opportunities, capacities andresources. Such an analysis should describe the reasonswhy children have or may become associated with armedforces or armed groups and identify ways to addressthem. Likewise, a comprehensive analysis should be under-taken to understand the motivations and incentives ofthose recruiting or using children.

A thorough risk analysis should be conducted toensure that the children, families and communitiesassisted by programmes are not placed at greater risk forbeing part of any programme.

A regional or sub-regional approach should betaken, especially where conflicts spill across internationalborders, in order to prevent children’s unlawful recruit-ment and re-recruitment into armed forces or armedgroups in neighbouring countries or conflicts and otherforms of violations of children’s rights across borders.

Capacity strengtheningProgrammes should always build on, support and

develop regional, national, local and community effortsand capacity to prevent unlawful recruitment or use ofchildren by armed forces or armed groups, support theirrelease and reintegration and protect all children.

It should be recognised that communities, parti-cularly the women and adolescent girls, are often alreadyover-burdened. Efforts should always be taken to involvethe community in planning for programming to ensurethat it is adequately supported to care for children relea-sed from armed forces or armed groups and to preventassociation with armed forces or armed groups fromtaking place.

Funding and other support for the preventionof unlawful recruitment or use and the releaseand reintegration of children

Funding should be made available to child protec-tion actors as early as possible and independently of theprogress of any formal or informal peace process andformal DDR planning. Funding should remain available,regardless of the success or progress of formal peace andDDR processes.

Funding should be made available for activities incommunities benefiting a wide range of conflict-affectedchildren and reintegration activities should, so far aspossible, avoid maintaining distinctions between childrenformerly associated with an armed force or armed groupand other children in the communities to which theyreintegrate.

Measures are necessary to ameliorate, as far aspossible, the negative consequences for children ofhaving been associated with an armed force or armedgroup whether these are physical, developmental,emotional, mental or spiritual. Reintegration is a longterm process requiring a long term commitment fromstates, supported or assisted by child protection actorsand donors alike. Funding should, therefore, be availablefor the time required to ensure full reintegration ofchildren who have been associated with armed forces orarmed groups. It should be flexible, enabling program-mes to be more responsive to the expressed needs of girlsand boys and the needs for capacity-building of actorsinvolved in these activities. Reintegration programmesshould link at the earliest possible stage with otherdevelopment programs and actors to build the local andnational capacity necessary to provide longer-termsupport to these children and their communities.

Coordination, Collaboration and Cooperation Communication, cooperation, coordination, information

sharing and transparency among all those involved – fromthe community level to national institutions and interna-tional organisations - in preventing the association ofchildren with armed forces or armed groups and suppor-ting their release, providing protection and reintegratingchildren are essential at all times. This must be done incompliance with the respective mandates and workingmodalities of those involved.

Actors implementing programmes for children whoare or have been associated with armed forces or armedgroups should coordinate their efforts by establishing andmaintaining an interagency group where inter alia: rolesand responsibilities are agreed and communicated,respective modes of action are understood and respected,possible collaborative action is planned, policy andprogramme approaches are defined and protocols forinformation sharing are developed.

UNICEF and its partners, working together withgovernment ministries and other bodies with a childprotection mandate, including child protection actors,shall support relevant States by providing the requiredtechnical and operational expertise and leadership indecision-making and programme implementation inprevention of unlawful recruitment, release, demobili-sation and reintegration programmes for children.

3.28

3.27

3.26

3.25

3.24

3.23

3.22

3.21

3.20

3.19

3.18

10

Confidentiality

Information-sharingIt is essential for the protection of children and their

families that personal information relating to violations ofchildren’s rights including unlawful recruitment or use byarmed forces or armed groups be treated as confidential.Inter-agency information management systems shouldbe developed and agreed between all actors imple-menting programmes who are collecting information,based on the need to protect children and to enableeffective action on their behalf. Confidentiality rulesapplied by certain actors must also be taken into account.Principles on protection of all data should be developedand implemented and training should be provided asnecessary. All data stored by UN departments, funds,offices and programmes must comply with the UNFundamental Principles of Official Statistics.12

Media coverage Inappropriate media coverage can place children and

their families at risk of physical harm and cause psycho-logical damage. Media and publication principles,13 inclu-ding a code of conduct for journalists, should be imple-mented by actors working with children associated witharmed forces or armed groups to provide safeguards andprevent placing them at risk, violating confidentialitystandards, and otherwise causing harm to the children ortheir families.

Ethical standards are also essential for researchers,academics and any other persons who interview or workwith children associated with armed forces or armedgroups.

3.31

3.30

3.29

11

12) UN ECOSOC Report of the Special Session of the Statistics Commission 1994 E/1994/29.13) UNICEF Media Guidelines – Guidelines on Ethical Reporting.

There are almost always a significant number ofgirls amongst children associated with armed forces orarmed groups. For a range of reasons, however, thesegirls are rarely provided with assistance. While there arecommonalities between the circumstances and expe-riences of girls and boys, the situation for girls can be verydifferent in relation to the reasons and manner in whichthey join the armed forces or armed groups; the potentialfor their release; the effects that the experience of beingin the armed force or armed group has on their physical,social and emotional well being; and the consequencesthis may have for their ability to successfully adapt tocivilian life or reintegrate into family and community lifeafter their release.

From the planning stage onwards, through thedesign of eligibility criteria and screening procedures forinclusion in release and reintegration programmes andinformal release processes through to programming forreintegration, monitoring and follow-up, actors shouldrecognise that girls are at risk of being ‘invisible’ and takemeasures to ensure that girls are included and relevantissues addressed at all stages. It is important that thedifferences between girls’ and boys’ experiences areunderstood and taken into account by all actors and thatprogramming for children who are or have beenassociated with armed forces or armed groups explicitlyreflects the particular situation of both girls and boys.

Actors should establish the means to share andlearn from one another’s experience and expertiseincluding findings on research and outcomes of pilotprogrammes for girls associated with armed forces orarmed groups.

Issues relating particularly or specifically to girlsare considered throughout the Principles.

4.2

4.2

4.1

4.0

4. Addressing the specific situation of girls

12

Children who have been internally displaced, whetherdue to natural disasters or armed conflict may be atgreater risk of recruitment or use by armed forces orarmed groups due to reduced social protection and copingmechanisms, discrimination on the basis of their displa-ced status or their perceived allegiance with a belligerentin the armed conflict. Additionally, the impact of lack ofeconomic, educational or other opportunities caused bydisplacement also places refugee and internallydisplaced children at greater risk of recruitment in armedforces or armed groups. All actors must be sensitive tothese increased risk factors. Humanitarian access tomonitor the situation of internally displaced children is ofparticular importance in addressing these risks.

Children who have joined armed forces and armedgroups and whose families are displaced are at greaterrisk of remaining separated from their families andcommunities. Efforts to trace and reunify children withtheir families once they have been released or demobili-sed must be guided by the Inter-agency Guiding Principleson Unaccompanied and Separated Children.

Refugee childrenAcknowledging their right to seek and enjoy asylum,

children who are seeking international protection,irrespective of their age and sex and including those whoare unaccompanied or separated, must be referred toavailable asylum procedures and assisted in gainingaccess to asylum or complementary forms of protectionaddressing their specific protection needs. Programmesshould be guided by the following legal principles:

States, recognizing the right to seek and enjoyasylum, shall grant children who are seeking asylum,including those who are unaccompanied or separated,access to asylum procedures and other forms ofcomplementary protection, irrespective of their age. Whenassessing their claims, States shall take into account thedevelopment of, and formative relationship between,international human rights and refugee law, includingpositions developed by UNHCR in exercising its super-visory functions under the 1951 Refugee Convention. Inparticular, the refugee definition in that Convention mustbe interpreted in an age and gender-sensitive manner,taking into account particular motives for, and forms andmanifestations of, persecution experienced by children.Unlawful recruitment or use of children is one of the child-specific forms and manifestations of persecution whichmay justify the granting of refugee status if such acts arerelated to one of the 1951 Refugee Convention grounds.States should therefore give utmost attention to suchchild-specific forms and manifestations of persecution innational refugee status determination procedures.14

Children must not be returned in any manner to theborders of a State where there is real risk, assessed on acase by case basis, of unlawful recruitment or re-recruitment or use by armed forces or armed groups orparticipation in hostilities.

In the case that the requirements for granting refugeestatus under the 1951 Refugee Convention are not met,children who are not in their state of nationality shallbenefit from available forms of complementary protectionto the extent determined by their protection needs. Theapplication of such complementary forms of protectiondoes not obviate States’ obligations to address theparticular protection needs of the unaccompanied andseparated child. Therefore, children granted complemen-tary forms of protection are entitled, to the fullest extent,to the enjoyment of their human rights, while in the terri-tory or subject to the jurisdiction of the State, includingthose rights which require a lawful stay in the territory.

In line with the generally applicable principles and,in particular, those relating to the responsibilities ofStates with regard to unaccompanied or separated childrenfinding themselves in their territory, children who areneither granted refugee status nor benefit from comple-mentary forms of protection, will still enjoy protectionunder the Convention on the Rights of the Child and otherinternational human rights norms and if applicable,international humanitarian law.

Internally displaced childrenThe majority of children who are displaced during or

as a result of armed conflict remain within the boundariesof their own country. They may be displaced with theircommunities or families or be completely alone.

The Guiding Principles on Internal Displacement andthe binding rules of international humanitarian law andhuman rights law on which they are based should informall programmes and planning of programmes for childrenand their families who are internally displaced. Thisincludes children who have returned from another countrybut not to their area of origin, whether they were abroad toseek international protection or as a result of beingassociated with armed forces or armed groups.

States and internally displaced persons (IDP)communities alike should be encouraged to recognise theprotection needs of internally displaced children who havereturned from being associated with armed forces orarmed groups – particularly where those armed forces orarmed groups acted against the State or against thedisplaced communities, respectively. Intensive advocacyshould be conducted with States and displaced commu-nities on behalf of these children.

Advocacy with governments and local authoritiesshould remind them that children and their families mayoften become internally displaced as a result of the threatof the recruitment or use of children. These children andtheir families should not be regarded as taking asupportive stance to, or collaborating with either side toan armed conflict.

5.10

5.9

5.8

5.7

5.6

5.5

5.4

5.3

5.2

5.1

5.0

5. Refugee and internally displaced children

13

14) Committee on the Rights of the Child, General Comment No. 6, Treatment of unaccompanied and separated children outside their country of origin,CRC/GC/2005/6.

Children become associated with armed forces orarmed groups for numerous reasons. Many are forciblyrecruited; others “volunteer” because of their circumstan-ces. While war itself is a major determinant, children mayview enlistment as their best option for survival forthemselves, their families or communities in contexts ofextreme poverty, violence, social inequality or injustice.Gender inequalities, discrimination and violence arefrequently exacerbated in times of armed conflict. Girlsand boys may be seeking to escape gender-basedviolence or other forms of discrimination. Successfulprevention programs will address the underlying causesof recruitment, and efforts will be made to providealternatives to the dangers inherent in association witharmed forces or armed groups.

A lasting solution to the involvement of children inarmed conflict will involve a comprehensive preventionplan by States. This should include the ratification andimplementation of international treaties and the adoptionand enforcement of national laws which criminalize theunlawful recruitment or use of children in armed conflict.Legal reform should be accompanied by public infor-mation campaigns on child protection laws and supportfor community efforts to provide protection for children atthe local level.

Successful prevention requires a collaborative set ofactions to be undertaken, broadly inclusive of all actors,including multi-national peacekeeping forces where theyare present, relevant to the national or regional context inwhich children are, or are likely to be, associated witharmed forces or armed groups. These actions shouldinclude the application of international humanitarian law,relevant human rights instruments and mechanisms,practical measures to improve children’s safety, program-ming that addresses factors that may encourage theinvolvement of children in armed forces or armed groups,broadly focused social mobilisation to make the use ofchildren in conflict culturally and morally unacceptableand any other locally relevant measures.

Effective prevention of the unlawful recruitment oruse of girls and boys includes safe attendance at schools,prevention of family separation and early identification,protection and reunification programmes for separatedchildren. Viable alternatives to joining armed forces orarmed groups should be available for children, includingadolescents. This will include educational and vocationalprogrammes, income generating activities, and access to livelihood opportunities. Child protection mechanismsmust be in place, including raising awareness onchildren’s rights. However, as the gender context may notsupport girls’ attendance at school, in addition to carryingout certain domestic chores (walking long distances for water and firewood etc.) this may increase theirvulnerability to recruitment and requires additionalinterventions to enrol and retain girls in school.

Ratification and implementation of international legal standards

Advocacy and other programming with States mustbe guided by the following: States should take necessarysteps to ensure that all relevant international standardsare ratified, respected and reflected in national law,including:6.4.0 The Convention on the Rights of the Child6.4.1 The Optional Protocol to the Convention on theRights of the Child on the involvement of children inarmed conflict, which raises the minimum age forcompulsory recruitment into armed forces to 18 years;exhorts armed groups not to recruit or use children underthe age of 18 and requires State Parties to take all feasiblemeasures to criminalize such practices;6.4.2 The African Charter on the Rights and Welfare of theChild, which establishes the age of 18 as the minimumage for recruitment and participation in any armed forceor armed group; 6.4.3 The two Additional Protocols to the 1949 GenevaConventions and the Convention on the Rights of theChild, which set 15 as the minimum age for recruitmentor participation in hostilities; as well as the four GenevaConventions of 1949 which offer important protections tochildren affected by armed conflict more generally;6.4.4 The Rome Statute of the International CriminalCourt, which states that conscripting or enlisting childrenunder 15 years into national armed forces or armedgroups or using them to participate actively in all kinds ofhostilities is a war crime. It grants the InternationalCriminal Court jurisdiction over this crime. By ratification,States should import the proscription of recruitment ofchildren under 15 years of age into national legislation; 6.4.5 The ILO Convention No.182 on the Prohibition andImmediate Action for the Elimination of the Worst Formsof Child Labour, which defines forced and compulsoryrecruitment of children in armed conflict as one of theworst forms of child labour and obliges States parties toprovide and apply appropriate sanctions, including penalsanctions;6.4.6 The 1951 Convention Relating to the Status ofRefugees and its Protocol of 1967.

States should take all feasible measures to complywith UN Security Council resolutions 1261 (1999), 1314(2000), 1379 (2001), 1460 (2003), 1539 (2004) and 1612(2005).

States should take all feasible steps to establish andenforce recruitment procedures in line with the OptionalProtocol to the Convention on the Rights of the Child onthe involvement of children in armed conflict and otherrelevant international law. Recruitment procedures andmeasures for implementation must include: 6.6.0 Requirement of proof of age. Where documentaryevidence of the recruit’s age is not available other meansof verification - such as cross checking with other personsand medical screening - may be required; responsibilityfor establishing the age of the recruit lies with therecruiting party;6.6.1 Legal and disciplinary measures to sanction thosewho contravene proof of age requirements;

6.6

6.5

6.4

6.3

6.2

6.1

6.0

6. Prevention of unlawful recruitment or use

14

6.6.2 Legal provisions on minimum recruitment age requi-rements should be disseminated to those responsible forthe conscription and enlistment of military recruits..

To further ensure that minimum recruitment agesare respected, States, assisted by other relevant bodiesand others working for or on behalf of children, should:6.7.0 Carry out a national awareness raising campaign todisseminate information on international and nationallaws, standards and procedures protecting children fromunder-age recruitment;6.7.1 Provide training on legal standards on minimum agefor relevant military personnel;6.7.2 Implement a national birth registration system forall children within the jurisdiction, including for refugees,internally displaced and returnee children, and provideidentity documents to all children.

Training on applicable standards should be providedfor armed forces both for senior officers and rank and filepersonnel, and where feasible to armed groups. Anytraining provided should include monitoring and evaluationmechanisms to assess its impact.

In line with their obligations under international lawStates must take all feasible measures to prevent theunlawful recruitment or use of children by armed groups.

Where feasible, governmental, inter-governmentaland non-governmental organisations, should offer supportand technical assistance to governments and to armedgroups, to enable them to comply with their obligationsunder international law;

States and armed groups should comply with theGuiding Principles on Internal Displacement whichrestate the existing obligations that in no circumstancesshall displaced children be unlawfully recruited nor berequired or permitted to take part in hostilities;

In situations where provisions have been made torelease children from armed forces or armed groupspursuant to the conclusion of peace or cease-fire agree-ments, mechanisms should be established to ensure thatthe agreements are respected, that children are imme-diately released and that no further unlawful recruitmentor re-recruitment of children occurs;

Registration of all children within the jurisdiction ofa State is key to preventing unlawful recruitment or useand to reducing the likelihood of children becomingstateless, which in turn may make them more vulnerableto recruitment or use.

Prevention in relation to refugees and internally displaced persons

Children who are displaced as refugees or areinternally displaced whether in camps, with host commu-nities or families or in urban situations can be particularlyvulnerable to recruitment. States shall take additionalmeasures to ensure the protection of displaced childrenagainst unlawful recruitment or use. Where necessary,States should take additional measures to ensure theprotection of displaced children with, where necessary,the assistance of the international community, includingby the implementation of the following principles:6.14.0 States must respect and ensure the civilian andhumanitarian character of camps for refugees andinternally displaced persons at all times; 6.14.1 States have the responsibility to provide physicalprotection to persons in camps for refugees and internallydisplaced persons, which includes the prevention of infil-tration in these camps by combatants; 6.14.2 States should make all efforts to locate refugeecamps at a reasonable distance from the border, gene-rally at least 50 kilometres, to maintain law and order, tocurtail the flow of arms into the camps and to disarmarmed elements and identify, separate and intern comba-tants and to prevent cross-border recruitment;6.14.3 Individual registration and documentation ofdisplaced children is an important tool for the protectionof children against unlawful recruitment or use, espe-cially for unaccompanied and separated children.

Monitoring and reportingSystematic monitoring and reporting of the unlawful

recruitment or use of children by armed forces or armedgroups as well as other human rights violations againstchildren affected by armed conflict is an essentialprotection measure; it additionally serves as the basis foractions to pressure armed forces or armed groups torespect fundamental humanitarian and human rightsnorms and for actions to end impunity for those whoviolate these norms.

Pursuant to Security Council Resolutions 1539(2004) and 1612 (2005) the Secretary General UNICEF andthe Office of the Special Representative of the SecretaryGeneral for Children Affected by Armed Conflict (SRSG-CAAC) are tasked with a lead role in the implementation ofa mechanism for monitoring and reporting on unlawfulrecruitment or use of children and other egregious viola-tions against children in armed conflict. They are taskedwith working alongside UN Peacekeeping forces and UNCountry Teams. They act in collaboration with local andinternational NGOs, civil society actors and otherpartners.15 The following guidance should guide the workof monitoring and reporting mechanisms establishedwithin the UN framework:

6.16

6.15

6.14

6.13

6.12

6.11

6.10

6.9

6.8

6.7

15

15) In each country where children and armed conflict is an issue, a task force on monitoring and reporting will be constituted. The country-level Task Forceon Monitoring and Reporting will be co-chaired by the Deputy SRSG and UNICEF Representative in situations where a UN peacekeeping mission is in place,or by the UNICEF representative and other UNCT members where appropriate in situations without a peacekeeping mission. All monitoring reports shouldbe submitted through the SRSG or the Resident Coordinator to the Office of the SRSG for Children and Armed Conflict and copied to UNICEF HQ.

6.16.0 Monitoring and reporting mechanisms should belinked to, support and develop community efforts toprevent the unlawful recruitment or use of children byarmed forces or armed groups and facilitate communitybased outreach strategies; 6.16.1 International and national organisations should beinformed of the provisions and available support to enablethem to conduct monitoring and reporting in a way thatpreserves important evidence while reducing the risk tothemselves and any children;6.16.2 Information on recruitment patterns and othergrave violations should be used to put pressure on thosewho recruit children to abide by the relevant law andstandards;6.16.3 Where feasible, monitoring and reporting struc-tures should document cross border recruitment;6.16.4 Creation of inter-agency information managementsystems, including databases, at local and sub-regionallevels where appropriate, should be considered byinternational child protection agencies;6.16.5 Country teams should decide collectively on theestablishment of monitoring and reporting task forces asset forth in the Security Council Resolution 1612 (2005)Response measures should be implemented by themission SRSG or the UN RC as appropriate;6.16.6 Humanitarian assistance mapping and planningshould include the reality and risks of the recruitment ofchildren. The UN Office for the Coordination of Humani-tarian Affairs (OCHA) should be involved in this work atthe earliest possible stage.

Monitoring and reporting at the national and locallevels, as well as the regional and international levels,may constitute an effective means for preventing theunlawful recruitment of children and obtaining theirrelease. International organizations, including UNICEF,peacekeeping mission, field presences of the Office of theHigh Commissioner for Human Rights, and other mem-bers of UN Country Teams, international humanitarianand human rights NGOs, peacekeeping operations andbilateral donors should, wherever possible, supportnational and local level monitoring and reportinginitiatives, and other community-level initiatives.

Independently of inter-agency mechanisms, Statesshould take all feasible measures to prevent violationsand ensure that perpetrators are adequately prosecuted.

The European Union Guidelines for Children andArmed Conflict adopted in 2003 include a request formonitoring and reporting of recruitment and other viola-tions and abuses against children through EuropeanUnion Heads of Mission and outline actions to be taken.Information gathered through the monitoring and repor-ting mechanism can be used to request European Unionbodies to take action on children’s association with armedforces or armed groups.

Reports on the unlawful recruitment and use ofchildren by armed forces or armed groups should beamongst those submitted to the Committee on the Rightsof the Child which monitors government implementationon the Convention on the Rights of the Child and theOptional Protocol on the involvement of children in armedconflict. Information should also be shared with relevantspecial procedure mandates of the Human Rights Councilas appropriate.

Advocacy for preventionPrevention strategies and programmes by gover-

nments, UN, NGOs and other civil society actors should,wherever possible, be coordinated and effectiveinformation-sharing mechanisms should be developed.Where feasible, coordinated strategies targeting armedforces or armed groups recruiting or using childrenshould be developed, and these should seek to involvethose – from the local to the international levels - whomay be able to influence the conduct of the forces andarmed groups responsible.

A range of actors should be engaged to advocate foran end to the association of children with armed forces ofarmed groups. They include:6.22.0 Local human rights defenders, children formerlyassociated with armed forces or armed groups, teachers,organised civil society, parents, health workers, religiousleaders and other community leaders;6.22.1 Government officials, military personnel, andcurrent or former opposition leaders may be effective asadvocates or negotiators in the context of actions to relea-se children or implement prevention strategies, includingin neighbouring countries; 6.22.2 Regional bodies such as the Economic Communityof West African States (ECOWAS) the African Union (AU),Association of South East Asian Nations, (ASEAN), Orga-nisation of American States (OAS), and the EuropeanUnion (EU)16 can play a vital role in advocacy as can strongand influential individuals, including those exertingauthority at a regional level;6.22.3 Neighbouring and other States can exert politicalpressure on armed forces or armed groups who recruit oruse children, particularly when armed groups are basedin those other countries;6.22.4 The International Committee of the Red Cross hasa particular role in relation to its mandate to protect andassist persons affected by armed conflict and inpromoting respect for international humanitarian law;6.22.5 Multi-national peacekeeping forces have particularresponsibilities according to their mandates for theprotection of civilians including the protection of childrenagainst unlawful recruitment or use by armed forces orgroups;6.22.6 Media personnel are frequently well informed onthe recruitment or use of children by armed forces orarmed groups or the impending risk of such recruitmentand can provide the information to enable advocacy.

6.22

6.21

6.20

6.19

6.18

6.17

16

16) The EU adopted Guidelines for Children and Armed Conflict in 2003 and an Implementation Strategy for the Guidelines was agreed in January 2006.http://ue.eu.int/uedocs/cmsUpload/GuidelinesChildren.pdf#search=%22european%20union%20guidelines%20on%20children%20and%20armed%20conflict%22.

States, national and international humanitarian andhuman rights actors, religious bodies, and other civilsociety actors are strongly encouraged to use all means ofcommunication to assert that using children to participatein armed conflict is not acceptable. Establishing thisprohibition as an absolute social norm is a criticaldimension in making it a reality.

States, national and international humanitarian andhuman rights actors, religious bodies, and other civilsociety actors should seek to limit the supply of arms andother support to parties unlawfully recruiting or usingchildren in armed conflict. Control of the availability ofsmall arms and light weapons may be especiallyimportant in reducing children’s capacity to participate inarmed conflict.

Children are more likely to join or be re-recruitedinto armed forces or armed groups if they are harassed orattacked or their rights are violated in any other way.Advocacy should therefore also include demands forrespect of the humanitarian and human rights principlesduring and after armed conflict.

Prevention and educationEducation provides opportunities to learn and, when

effective, gives children the skills and competence tomeet their needs, protect themselves and build hope forthe future. Access to education, including appropriateeducation for older children, life skills and relevantvocational training should be promoted for all boys andgirls including returnees and stateless, refugee andinternally displaced children. The following principlesshould be considered to reduce the likelihood ofrecruitment and use: 6.26.0 Education should be free to all children and of goodquality;6.26.1 Measures must be taken to prevent propaganda oractive recruitment taking place in or around schools andto protect children in the school environment.

Building local initiativesProgrammes to prevent unlawful recruitment

should support community efforts and be context-specific.They should be based on an analysis of the factorsunderlying children’s involvement in armed forces orarmed groups, preferably in collaboration with localcommunities and children themselves. Particular atten-tion should be paid to those children most vulnerable toinvolvement with armed forces or armed groups,including adolescents, refugees, internally displacedchildren, children living in conflict zones and occupiedterritories and those who live in highly politicisedenvironments. Attention should also be paid to childrenseparated from their families (whether accompanied ornot) or in institutions, those living or working on thestreets, or in conflict with the law, and those who havebeen subjected to sexual and gender based violence. Thefollowing principles should be adhered to reduce thelikelihood of unlawful recruitment and use:

6.27.0 Risk mapping can identify areas where conflict isconcentrated, the groups at risk, the age of children beingrecruited and the type of risks they face, as well as theprincipal recruiting agents and tactics. Targetedstrategies should be based on this information. Any risksassociated with prevention activities should also beassessed;6.27.1 Understanding the attitude and motivations offamilies and communities is vital; children living in highlymilitarised or politicised communities or those whereviolence is organised or commonplace may be particu-larly vulnerable to recruitment; children often join armedgroups to support or remain with their families; 6.27.2 Where communities view children as adults beforethey are 18 years old, opportunities should be sought for involving the government and local communities inreflecting on the need to protect children from thedangers of participation in armed conflict and its negativeconsequences;6.27.3 Community and family efforts to protect childrenfrom unlawful recruitment or enlistment should be iden-tified and supported and where appropriate replicated;6.27.4 Children and families should be involved in thedesign and implementation of prevention activities.Children who have joined up are best placed to describewhy they did so. Strategies can be created to reflect onand address these issues, involving parents, children,teachers and community leaders. The influence of parentsand other significant adults has been shown to be impor-tant in preventing children from joining an armed force orarmed group;6.27.5 Programmes should encourage the formation andcontinuation of youth groups which bring young peopletogether, especially those from opposing communities.Sports, music or drama or work on conflict resolution orpeace studies provide children with a positive alternativeto taking up arms and can also promote reconciliation.

Preventing the unlawful recruitmentor use of girls

General prevention strategies apply to girls in thesame way as to boys. Girls should be included in thedesign of programmes as well as in monitoring andevaluation of programmes to ensure interventions arerelevant and effective.

Girls may join armed forces or armed groups toescape sexual and gender-based violence, early marriageor other harmful practices and exploitation. Programmesshould address these issues nationally and locally. Theyshould seek to promote gender equality and freedom ofchoice for girls in line with international human rightsnorms. Programmes should be developed to provide girlswith opportunities to develop skills and generate incomein non-exploitative settings.

The following issues need to be given specialconsideration and addressed in relation to the preventionof the association of girls with armed forces or armedgroups:

6.30

6.29

6.28

6.27

6.26

6.25

6.24

6.23

17

6.30.1 Dialogue with armed forces or armed groupsshould emphasize that the use of girls as “wives” or otherforced sexual relations, actual forced marriage, and theuse of girls for domestic labour or logistical support inarmed conflict constitute acts of recruitment or use andcan be thus contrary to fundamental human rights andhumanitarian law and standards if not also contrary tonational law;6.30.2 Girls have an equal right to education irrespectiveof their status as mothers or wives and girls’ lack ofaccess to education should be addressed;6.30.3 Girls may be particularly vulnerable to forcedrecruitment or use by armed forces or armed groups ifsufficient protection is not afforded, for example by havingto fetch water and firewood unaccompanied in conflictzones. All possible measures must be taken to provideeffective protection in these and other cases.

Family unityThe family and community generally provide the

most effective protection for children. Every effort shouldbe made to keep children with their families or to reunitethem or place them within a family or community settingwhere they can be adequately cared for and protected.17

Where families decide to send children awaytemporarily to avoid recruitment, steps should be taken toensure that these are informed decisions, that, whereverpossible, children are consulted and that, above all, thesedecisions are motivated by the best interests of the child.

Child protection agencies and other relevant actorsshould work with governments in providing an urgentresponse that supports family reunification and theinterim care of separated children in the context of armedconflict or natural disaster. In particular, 6.33.0 By providing children with registration documentsor at least name tags and teaching them their name andplace of origin;6.33.1 When children have to be evacuated, inter-agencyguiding principles indicate: “Whenever possible, childrenshould be evacuated from their place of residence withadult family members. Evacuating children without familymembers should be a last resort, carried out only after ithas been carefully determined that protection and assis-tance cannot be provided in place and that evacuation ofthe entire family is not feasible;”18

6.33.2 An assessment of the motivation and capacity offamilies to provide care and protection should be carriedout before unaccompanied or separated children areplaced with the extended family or in foster care; thesearrangements require monitoring to ensure children arenot neglected, abused or exploited;6.33.3 In many instances, children’s vulnerability torecruitment may be increased if they are in institutionalsettings. It is preferable, therefore, that families andcommunities are provided with adequate support toensure a protective environment for children, includingthe capacity for monitoring.

6.33

6.32

6.31

18

17) For further information and ideas see Interagency Guiding Principles on Unaccompanied and Separated Children and Unaccompanied Minors & PriorityAction Handbook for UNICEF/UNHCR field staff.18) Op cit.

Planning and preparationAt all stages, the planning and programming for

children who have been associated with armed forces orarmed groups should have the objective of enablingchildren to play an active role as a civilian member ofsociety, integrated into the community and, where possi-ble, reconciled with her / his family.

Planning for programmes to support the releaseand reintegration of children should commence as soonas it becomes apparent or possible that there will bechildren associated with armed forces or armed groupsand should not be dependent either on the progress of anyformal peace process or on any formal DDR process.Actors working towards the release of children shouldhave agreed contingency plans in place to manage anyunexpected, rapid or large-scale release of children by anarmed force or armed group.

Funding for the release and reintegration of childreninto civilian life should be available at the earliest possiblestages and continue after the cessation of formal adult orchild DDR processes. Preparations should include anappeal for the necessary funding to support a programmeof adequate duration.

The situation analysis required in planning for therelease and reintegration of children associated witharmed forces or armed groups should include carefulattention to the circumstances of other war-affectedchildren and families in the areas to which they will return.

Planning for programmes should emphasize commu-nity engagement, involve children and the communities towhich they return, build on existing resources and takeaccount of the rights and aspirations of children, balancedwith community priorities and values. Assessments forprogramme planning should also acknowledge thechanging roles, responsibilities, hierarchies and socialdynamics that may have occurred in a community as aresult of the disruption caused by the conflict in addition tothe skills and experiences children have gained and howthis will affect their reintegration process.

Preparation should include a strategy to meet theneeds both of children who enter a release processand those who do not go through any kind of process butleave armed forces or armed groups and either return totheir family and community or seek to integrate elsewhere.

Protection of children who have beenassociated with armed forces or armed groups

Children who leave armed forces or armed groupsby any means, including those who escape, are aban-doned or are captured by an opposing armed force orarmed group or by multinational forces retain theirhuman rights as children, and relevant international lawand standards must be applied, inter alia:7.6.0 No child may be subjected to torture or other cruel,inhuman or degrading treatment or punishment;

7.6.1 Neither capital punishment nor life imprisonmentwithout possibility of release should be imposed foroffences committed by persons below eighteen years ofage; 7.6.2 No child may be deprived of his or her liberty unlaw-fully or arbitrarily; 7.6.3 Children who escape unlawful recruitment mustnever considered deserters; 7.6.4 All appropriate measures to promote physical andpsychological recovery and social reintegration must betaken; 7.6.5 All appropriate action must be taken to ensure andre-establish family unity;7.6.6 Unless contrary to the best interests of the child, allallegations of violence, including sexual and gender-basedviolence must be promptly, thoroughly, and independen-tly investigated and prosecuted and adequate and effec-tive follow-up care offered to the child and her/ his family.

Many girls give birth during or after their time withan armed force or armed group; the surviving children arelikely to face numerous child protection problems, soother specific programmes should be developed whichseek to address the particular nature of the challengesfaced by these children as infants and as they grow up.They are likely to suffer from health problems, neglect,rejection and abuse or there may be custody battles withthe father or his family trying to reclaim the child. Thelegal status of these children according to both domesticand international law is likely to be unclear. Primarily, thestate where the child currently resides has responsibilityfor ensuring that the best interests of the child areprotected. This will include registration at birth or as soonas possible afterwards, the child’s right to its identity, anationality and its family and the right not to bediscriminated against.

AdvocacyAll actors should endeavour to work together in

accordance with their mandate and respective workingmodalities to develop a coordinated advocacy strategywith the objective of securing the release and reinte-gration of children, including a particular focus on girls.Such advocacy should take place at all stages of a conflict,based on continuous monitoring and informationcollection. It should take place with all those responsiblefor the recruitment and retention in armed forces orarmed groups, communities from where the childrenwere recruited and / or to where they will be released oreventually integrated and with the children themselves.

Even when a collective or large scale release isagreed, some children (particularly girls) may be keptback and others may be reluctant to leave. Actors shouldcontinue to negotiate with armed forces or armed groupsfor the release of all children recruited or used unlaw-fully, provide accurate information about the release andreintegration process to children who remain insidearmed forces or armed groups, and also consult childrenalready released to find ways to communicate with andencourage those remaining to leave.

7.9

7.8

7.7

7.6

7.5

7.4

7.3

7.2

7.1

7.0

19

7. Release and reintegration

Where appropriate in and accordance with the bestinterests of the child, direct and free access to all childrenassociated with armed forces or armed groups,regardless of their nationality, should always be granted.This should be done so, without hindrance, to thoserelevant authorities or actors who have committed tooperate in accordance with the relevant standards andwho are implementing programmes to support therelease, protection and reintegration of children.

Armed groupsBased on their analysis of armed groups, actors

working to promote and support the release of childrenshould make contact with those armed groups who arerecruiting or have recruited children and affiliated bodieswhere this can be done safely, in order to negotiatecommitments to establish a minimum age of 18 years forrecruitment or participation in armed conflict and torelease children in their ranks.19

In such contacts:7.11.0 Rigorous adherence to the principles of neutralityand impartiality are essential;7.11.1 Actors should adopt a co-coordinated and trans-parent approach to the extent their mandate ad workingmodalities allow in order to agree on a common strategyand ensure consistent communications. It can be helpfulfor one agency to take a lead role when making contactwith armed groups;7.11.2 Dialogue and negotiations should take placewithout media coverage;7.11.3 Formal agreements should be sought, and shouldinclude mechanisms to monitor implementation;7.11.4 Training and capacity-building on obligationsunder international law relating to the recruitment or useof children should be provided;7.11.5 Training provided to armed groups should includemonitoring and evaluating mechanisms to assess impact.

Peace processes and peace agreementsThe issue of the release and reintegration of

children should be included in all stages of any peaceprocess; where children have participated in armedconflict, peace agreements and related documentsshould acknowledge this fact. Peace agreements shouldinclude specific provision for the needs of children,including the particular needs of girls and any childrenthey have or will have as a result of their association withan armed force or armed group. Such provision shouldexplicitly include financial and other resources requiredfor programmes to support the swift and safe release,return and reintegration or integration of children at theearliest opportunity. There should be no liability for futureconscription for those who fought as children.

The release processThe transition of the child from a military environ-

ment and the first step towards reintegration into civilianlife begins with their release from armed forces or armedgroups.

It is usually in the best interests of children asso-ciated with armed forces or armed groups to go throughsome form of formal release process where they canreceive support and assistance. Processes should bedesigned to ensure that all children who wish to are ableto benefit from formal programmes. Concerned agenciesshould therefore:7.14.0 Design and conduct an information campaign sothat children, particularly girls, who are currently asso-ciated with armed forces or armed groups, are aware oftheir right to be released and the options available tothem;7.14.1 Liaise with families and communities of recruitedchildren so that, where possible, they can inform thechildren of their rights and options;7.14.2 Advocate with armed forces or armed groups foraccess to children to explain their rights and options.

At the same time, particularly for children (largelybut not exclusively girls) who do not wish to join suchformal processes, programming should develop commu-nity based mechanisms where children can be supportedwithout being stigmatised. The following guidance shouldbe adhered to during the release process: 7.15.0 Where there are existing governmental or other,local, structures, these capacities should be incorporatedinto programming and strengthened as necessary; 7.15.1 Actors supporting the release and reintegration ofchildren must ensure that all those persons who will beworking with children are trained and supervised; 7.15.2 Logistical and technical support should be organi-sed in collaboration with agencies responsible for this inthe case of a formal DDR process; 7.15.3 Actors should agree on documentation, data collec-tion and storage (including databases) and informationsharing, with particular attention to confidentiality andprotection of sensitive information, especially vis a visparties to the armed conflict.

Where children had not been separated from theirfamilies or communities, the release process should notdo so unless this is absolutely necessary for the protec-tion of the child.

7.16

7.15

7.14

7.13

7.12

7.11

7.10

20

19) More information can be found in the OCHA handbook Humanitarian Negotiations with Armed Groups published by OCHA available athttp://ochaonline.un.org/humanitariannegotiations/index.html.

Where it would enable children to more easily assu-me a civilian identity, demobilisation or release papersmay be provided. Decisions regarding the provision of suchdocumentation should take into account the local contextand balance the help this may give to children against therisk it may entail. Actors working to support the release ofchildren should agree, together with any formal DDRcoordination body, on best practice in this regard.

Eligibility for the release processThe “Definitions” contained in this document should

form the basis for criteria on deciding when a child is orhas been associated with armed forces or armed groups.The criteria should be clearly laid down and communi-cated to all who have a role in screening who should betrained and supervised. The criteria must explicitlyinclude girls; armed forces and armed groups and otheractors must understand that girls, whatever their roles,are eligible for release and must be included in formaland informal release processes. Release programmesneed to ensure that programme activities support policylevel agreement to include girls.

All children who meet the criteria and wish to do somust be allowed to enter a release process.

All measures to ensure that girls see themselves aseligible for release need to be taken. In particular,information should be given that explicitly includes girls’eligibility, and special vigilance given to monitoring theirrelease given the reluctance of commanders to allow this.

The releaseThe duration of the release process should be as

brief as possible and the safety and dignity of the child andtheir need for confidentiality must be primary consi-derations. Children should be rapidly separated fromadult fighters and handed over to an appropriate,mandated, independent civilian process. Particularconsideration should be given to the particular situationof children who are solely dependents of adult fightersand of children born to adults or children who are alreadyin armed forces or armed groups. Formal or informalrelease processes may take place in a centre or commu-nity based environment. Throughout the release process,the following measures are necessary:7.21.0 Children should be accommodated at a distancefrom adult ex-combatants with sufficient security toprevent harassment or abuse; 7.21.1 Measures to prevent sexual and gender basedviolence and ensure safety such as secure accommo-dation, adequate lighting and separate latrines areessential and girls and boys should be consulted toensure these measures are sufficient and effective;7.21.2 Child protection actors and children themselvesshould be involved in decision making throughout theprocess;

7.21.3 Adequate time and appropriate personnel, inclu-ding females, are essential in order to help children feelsecure and comfortable enough to receive informationabout what will happen to them and to be able to parti-cipate in decision making;7.21.4 Wherever possible, staff dealing with children shouldbe of the same nationality and all communication andinformation should be in the child’s mother tongue; 7.21.5 Measures should be taken to ensure the culturaldiversity of the area is taken into account and to meet anyparticular needs of children in relation to their ethnicity orreligion;7.21.6 Original documentation forms should accompanythe child throughout the process;7.21.7 Information should be provided to children explai-ning that they have a right not to be abused by anybody(including humanitarian and security staff) and providingdetails of safe and efficient reporting and complaintsmechanisms they can use should abuse occur;

The release of children who are notin their state of nationality

While these Principles apply equally to the release ofchildren from armed forces and armed groups outsidetheir country of origin or habitual residence, their situa-tion needs special attention. Upon release the child mustenjoy access to asylum procedures and other comple-mentary protection. Refugee status determination proce-dures must be conducted and the refugee definition of the1951 Refugee Convention interpreted in a gender andage-sensitive manner, while paying due consideration tochild-specific forms of persecution. For unaccompaniedor separated children, their degree of mentaldevelopment and maturity needs to be considered whendeciding how refugee status will be determined. The bestinterests of the child should guide any subsequent deci-sion on a durable solution. The provision of identificationdocuments to unaccompanied and separated children iscrucial regardless of which durable solution is deemedmost appropriate.

Girls and the release processFrom the planning stage onwards, eligibility criteria

and screening procedures for inclusion in release andreintegration programmes and informal release proces-ses should always recognise that girls are at risk of being‘invisible’. Girls may often remain in the armed forces orarmed groups while boys are released due in many casesto the view that as “wives” or in other domestic roles, girlsare not in the same category of “child soldiers” as boys.This should also be a key consideration in any releasenegotiations with parties to a conflict.

7.23

7.22

7.21

7.20

7.19

7.18

7.17

21

If the conditions pertaining throughout the releaseprocess are not explicitly inclusive of the specific needs ofgirls, they will bypass the formal release processes, willleave them prematurely to go straight to theircommunities or will return to the armed force or armedgroup. In order to increase the likelihood of girlsassociated with armed forces or armed groups includingthose who are pregnant or girl mothers accessing releaseprogrammes and to ensure their needs are met, releaseprogrammes for children should always be designed toinclude the following:20

7.24.0 The presence of accessible female employees at alltimes during the process;7.24.1 Safe and private accommodation for girls whereaccommodation is required, either at cantonment ortransit//interim care or any residential care sites, withspecific health services, including reproductive health care,separate washing and toilet facilities, adapted hygienekits, and clean birthing kits; 7.24.2 Measures to ensure the safety and protection ofgirls in residential settings such as regulated access ofmale former combatants to the sites, proper lighting andregular surveillance and patrolling by security forces inwhich women are a majority wherever possible and in anyevent for girls’ areas;7.24.3 Nutrition and health care for infants and youngchildren where necessary and support to girl mothers tocare for their children, where possible;7.24.4 Education in parenting skills and mother and childhealth for girl mothers or pregnant girls; options for theirfuture should be presented in a supportive environment;7.24.5 Education and skills training that is unrelated togirls’ reproductive status and made equally accessible togirls who are or are not pregnant or mothers.

Interviewing childrenChildren may need to be interviewed for a number of

reasons; to determine whether they meet the criteria foreligibility for release programmes, to establish informa-tion about their current circumstances and future plans,to facilitate family tracing, for explicitly therapeuticreasons or for forensic purposes. Interviews should neverbe conducted to collect information for military purposes.

Measures should be taken to ensure the safety ofthe information gathered and a document control mecha-nism should be established. The safety of the intervieweeshould be considered paramount in information manage-ment mechanisms. Information collected from interviewsshould remain the property of the collecting organisation.

Throughout release and reintegration processes, allchildren should be informed as to why information is beingcollected, who will have access to it, and which steps havebeen taken to ensure confidentiality. Children should bekept informed about what will happen to them at eachstep of the process.

The following measures should be put in place byorganisations whose personnel need to interview children:7.28.0 Interviewing personnel should be clear about theirpurpose and should concentrate on information requiredfor these purposes only;7.28.1 Interviews should be carried out by personnel whoare trained in interviewing children;7.28.2 Children should be interviewed by adults of thesame sex wherever possible;7.28.3 Multiple interviews should be avoided;7.28.4 Sensitive issues should be raised with children onlywhen essential and in their best interests;7.28.5 Additional support should be provided as neces-sary to children during and after the interview;7.28.6 In all cases, psychological support should be avai-lable to children before, during and after interviews;7.28.7 Interviews should be conducted in private wherethey cannot be overheard and confidentiality should berespected at all times by the organisation collecting theinformation.

See section eight for principles relating to forensicuse of information gathered from children.

An inclusive approach to reintegrationChildren who have been associated with armed

forces or armed groups may be further stigmatised with anarrow provision of benefits and support only to thatsector of children; community divisions and tensions canbe increased. Inclusive programming which supportschildren who have been recruited or used as well as othervulnerable children benefits the wider community.

While the reintegration of children into civiliancommunities should wherever possible be carried out inways that facilitate local and national reconciliation, itshould always be preceded by a risk assessment inclu-ding a cultural and gender analysis addressing issues of discrimination and should be based on the child’s best interests irrespective of national considerations orpriorities.7.31.0 Programmes should build on the resilience ofchildren, enhance self-worth and promote their capacityto protect their own integrity and construct a positive life;7.31.1 The participation of women and girls in program-me development and implementation should incorporatetheir views with regard to reintegration into family,community and economic and political life;7.31.2 Activities should always take into account the ageand stage of development of each child and any specificneeds.

7.31

7.30

7.29

7.28

7.27

7.26

7.25

7.24

2220) The IDDRS module on children provides further information on girls in the DDR process.

Programmes to support the reintegration of childrenassociated with armed forces or armed groups shoulddevelop links with all programmes, policies and initiativeswhich may benefit these children and their families eitherdirectly, for example through local or national socialwelfare programmes, or indirectly, through reconstructionand rehabilitation of national institutions and otherdevelopment programmes.

Material assistanceAssistance at the release or reintegration stages

should aim to enable children leaving an armed force orarmed group to assume a place within their communityand standard of living comparable to that of other childrenof the same age. Circumstances vary, and it should not beassumed that all children who have been associated withan armed force or armed group require direct materialassistance in order to reintegrate. While material assis-tance and particular attention may well be necessary, forinstance, for children with disabilities or girl mothers,inappropriate assistance can impede reintegration,particularly if it is perceived to be rewarding children whohave committed acts harmful to their community.Benefits in terms of services should be structured andprovided in a manner that does not either stigmatize orinappropriately privilege children or place them at risk.This is generally best achieved by providing support tochildren, families, and communities. For example,assistance might be provided to schools which enablethem to incorporate such additional children.

Where reintegration will require appropriate materialand social assistance, appropriate planning involvesassessing how such children and their actions are regardedby their respective communities, how long they have beenaway and what they require in order to re-enter civilian lifein an age-appropriate stage of the life cycle.

Direct cash benefits to released or returning childrenare not an appropriate form of assistance, as experiencehas repeatedly shown.

Family tracingFamily tracing, if required, should begin urgently

and contact with families and communities established assoon as possible with a view to timely reunification orplacement of the child within a supportive protectiveenvironment, ideally their family. Child protection coordi-nation groups or networks should agree on a strategy forfamily tracing, reunification and follow up of children andensure that it includes children associated with armedforces or armed groups. Consideration should be given tothe mandate and experience of the ICRC with regard totracing and re-establishing family links in cooperationwith the national Red Cross and Red Crescent societies.

Support for families and communities to which children return or integrate

The capacity of the family and community to care forand protect all children affected by conflict should bedeveloped and supported from the earliest possible stage.Dialogue with the communities to which children willreturn or be integrated into should be initiated at theearliest possible opportunity.

As much as possible and when in the best interestsof the child, this should be done before release in order toclarify their concerns and strengthen the community’sunderstanding of their own roles and responsibilities withregard to released children. Discussions should exploreany fears and prejudices towards returning children andthe potential for stigmatisation of such children andshould help communities understand that children havesuffered, that experience from other conflicts indicatesthat children can, with appropriate support, integrateeffectively into civilian life, and that the children are theresponsibility of the community as well as the State.These discussions should set the stage for communityinitiatives to support the released children along withother vulnerable children in the community. Staff capacityshould be developed to undertake such initiatives.

The stigmatization of children associated with armedforces or armed groups is one of the greatest barriers toreintegration and girls may be particularly ostracised.Children are frequently perceived initially as troublema-kers prone to aggressive behaviour or criminal activities.The preparation of communities and on-going support tocommunities needs to address these perceptions and tohelp communities understand that the children areprimarily victims.

Actors should advocate with programming partnersand with donors for the necessary linkages between shortterm humanitarian assistance and longer term develop-ment assistance which will enable the reintegration ofchildren.

Children may be reunited or integrated with familiesand communities that have suffered displacement,disruption, deprivation, and loss of social cohesion as aresult of conflict. To enable children’s return and reinte-gration, it is vital to prepare the family and community andalso to provide mediation and support following children’sreturn. Work with families and communities should:7.41.0 Identify and build upon ways of supporting longterm livelihoods within affected communities;7.41.1 Offer economic support to families through income-generating activities provided in such a way that financialincentives are not the main attraction of caring forchildren; 7.41.2 Advocate on behalf of displaced families who aredependent on external support to ensure they receiveadequate rations enabling them to support children whoare reunited with them;7.41.3 Raise awareness of the problems that may occurwhen children return, such as aggressive and rebelliousbehaviour and drug or alcohol use;

7.41

7.40

7.39

7.38

7.37

7.36

7.35

7.34

7.33

7.32

23

7.41.4 Emphasize the importance of families showingchildren they are loved and cared for despite thesedifficulties;7.41.5 Encourage communities to provide mutual supportin dealing with problems and facilitating the formation ofconstructive social relationships for returning children;7.41.6 Support non-violent ways of managing conflict;7.41.7 Encourage communities to realise that an invest-ment in young people will support the long term peaceand security of the community, which may otherwisesuffer problems if reintegration is not achieved.

A risk assessment, including on the basis of gender,will indicate where it is likely that children will be feared,become targets of hostility for having been in enemygroups or be ostracised or neglected. In these cases,intensive community sensitisation should be undertakenbefore children return. Similarly, children who need to beintegrated into new communities or different ethnicgroups may require individual preparation and support.

Where children from different, opposing armedgroups are returning to the same communities, there isurgent need for work on non-violent conflict resolution ormanagement.

Where children have been encouraged by theircommunities or families to take part in hostilities, or areregarded as ‘freedom fighters’ or ‘heroes’, actors shouldencourage families and communities to remember thatthe children are primarily children and are entitled to therights held by all children.

Family reunification and family based carearrangements

The majority of children should be returned to theirfamily and community or integrated into a family andcommunity environment as soon as possible after theirrelease from an armed force or armed group. Theprincipal factor for reintegration is for a child to be retur-ned to or placed in a supportive and otherwise appro-priate protective environment. Where it is not possible tointegrate them with their own families, alternative familybased care arrangements should generally be found. Forsome older adolescents, who may not wish to live as partof a family, supervised and supported independent livingarrangements in a community setting may be anacceptable alternative. The following guidance should beadhered to:7.45.0 Institutionalization does not constitute reinte-gration but is a short-term measure to facilitate release;7.45.1 Local capacity should be developed to identify andsupport alternative care/ fostering arrangements forchildren and also to monitor the well-being and non-discriminatory treatment of children placed in extendedfamily or alternative care/ fostering placements.

Supporting children in finding a role in their community

For some children, there may be positive aspects toassociation with an armed force or armed group. Thesechildren may be unwilling to give up new-found freedoms,power, increased status and respect particularly fromtheir peers, remuneration, having a productive role andthe opportunities to learn skills. Girls and boys may bereluctant to comply with traditional expectations orharmful cultural practices or otherwise be determinednot to return to violence, neglect or abuse.

Programmes should recognise and build upon theskills and confidence that girls and boys may havelearned while associated with the armed force or armedgroup. This will entail creating options and choices forthem, so that they are not channelled into inappropriateor de-skilling training or livelihood options.

In particular, adolescent boys and girls need to berecognised for their particular capacities and resilienceas well as their vulnerabilities. Their full participationshould be included in the assessment, design and imple-mentation of programmes. Engaging children in commu-nity service and helping them enter respected social rolesare essential in breaking stigma and enabling children todevelop appropriate support networks in the community.

Reintegration and reconciliation activities shouldrecognise the need to redirect the potential of childrenand young people in developing leadership and conflictresolution skills and taking responsibility for their actionsincluding through participation in the rebuilding of theircommunities and in peace building activities. Program-mes that involve women’s organisations can be particu-larly useful in this regard with girls who need bothpositive role models and a supportive environment.

Children with a disability and others requiringparticular support

Association with armed forces or armed groupsfrequently results in children acquiring a disability. Themarginalisation and disempowerment which a child witha disability may face in a stable situation can be exacer-bated for child formerly associated with armed group orforce. S/he can face isolation and negative attitudes andbe at greater risk of abuse, neglect; s/he may be subjectto longer term psychosocial distress than another child.The need to consult with children affected by a disabilityprior to planning any intervention is particularly impor-tant given that the needs and impact of disability candiffer from child to child. The following principles ensurethat the needs of children with disability are provided for: 7.50.0 Needs assessments should include questions tohighlight the situation of children with disability; 7.50.1 Data management systems (including monitoring,reporting and follow-up mechanisms) should disaggre-gate data by disability as well as age and sex;

7.50

7.49

7.48

7.47

7.46

7.45

7.44

7.43

7.42

24

7.50.2 Children with disabilities should not be treatedseparately. Attention to their needs should be incorpo-rated into ongoing programmes which should be adaptedaccordingly; 7.50.3 Structured activities in the community should bedesigned to ensure they increase social inclusion andmobility of affected children; 7.50.4 Children with disabilities should be given oppor-tunities to participate in planning and decision on mattersthat affect them;7.50.5 Advocacy and training activities should targetdecision makers in communities and government andhumanitarian actors to raise awareness of the importanceof including disabled children in decision making processes.

Other children who may require particular supportinclude those who have problems related to drug oralcohol abuse, those who have serious health problems,those who have experienced rape or other forms of sexualabuse or those who witnessed or were forced to parti-cipate in atrocities, as well as those children whose familymembers cannot be found or who have died, those whosefamily have rejected them or those who face hostility fromtheir family or community.

These or other children may benefit from a period ofintensive psychological or medical support in the commu-nity or through a period in residential care or anothersupported environment. Any such plan should be firmlyrooted in the community, involve the family and commu-nity, including children, where possible and consistentlybe aimed at facilitating the child’s reintegration.

In some communities, children are viewed and viewthemselves as carrying bad spirits from their experienceswith armed forces or armed groups. Appropriate culturalpractices, as long as they are not harmful to children, canbe essential to a child’s reintegration and should besupported.

Interim careInterim care for children who have been associated

with armed forces or armed groups is not universallynecessary for their reintegration; decisions aboutwhether to organise interim care centres should be basedon a careful situation analysis. Certain children maybenefit from a period in interim care and where possiblethe needs of children should be considered on a case bycase basis. Except where it is contrary to the best inte-rests of the child, for instance where children are ill orhave left their homes because of abuse or neglect,children leaving armed forces or armed groups should beassisted to return directly to their family as soon as theyhave been through the release process.

Where interim care is agreed this should be for asshort a period as possible. The purpose of interim care isto provide care and protection for children while tracing iscarried out and other durable solutions are beingidentified. Where interim care is necessary, it should bepart of a community based programme to facilitate thereturn of children to their communities and to promotethe protection of conflict affected children in general.Interim care may include placement in a foster family, aninstitution, or other supported care arrangements in thecommunity. Institutional care is not an alternative to thedevelopment of adequate services in the community. Inthe case of all such arrangements criteria and standardsmust be developed and agreed, a code of conduct must beimplemented and all interim care arrangements must becarefully monitored.21

Children who were not separated from familyor community

Some children associated with armed forces orarmed groups remain with their family and community ormaintain close ties. The children may be used by an armedforce or an armed group with community support andinvolvement. In these circumstances reintegration entailsthe reorientation of children towards civilian life. Key stepsare to work with affected children and their families andcommunities to change attitudes which promote children’sinvolvement and also to provide alternatives that enabletransition to a civilian mode of living.

Prevention of re-recruitmentRe-recruitment is a particular danger for children

who have been released from armed forces or armedgroups during armed conflict and those who haveremained with their communities while being part of anarmed force or armed group. Actors should work withthese children, their families and communities as well asthe armed force or armed group in order to find a solutionto their care and protection needs. This may include shortterm foster care with other families.

Ongoing monitoring and, as necessary, interventionshould be provided to ensure that the chain of commandbetween children and armed forces or armed groups isbroken and children are not vulnerable to re-recruitment.The following guidance should be adhered to prevent re-recruitment:7.58.0 Demobilisation sites or assembly areas should besufficiently far from the conflict zones to ensure security;7.58.1 Children should be reunited with their family orplaced within a protective community-based environmentas soon as possible; 7.58.2 Adequate, appropriate assistance is necessary toenable genuine reintegration;7.58.3 Children should be informed of their right not to berecruited in any way.

7.58

7.57

7.56

7.55

7.54

7.53

7.52

7.51

2521) Raising the Standards, Quality Childcare provision in East and Central Africa, 2005 provides standards for childcare in institutions.

The reintegration of girlsGirls face specific consequences from their time in

armed forces or armed groups. The stigma facing girls isfundamentally different in kind – it lasts much longer, iscritically more difficult to reduce and is more severe.Essentially, many girls will have lost their “value” asperceived by the community including in relation tomarriage. Programmes should seek to establish positivevalues for the girls in their communities and families. Inaddition, a girl will often have to deal with residualrelationships or feelings for her captor, as he may be bothher “husband” and the father of her child or children. Inappropriate circumstances, girls should be consulted andcounselled about whether they wish to recognise or rejectthe relationship they had with a member of the armedgroup or force.

Programmes to assist girls associated with armedforces or armed groups need to strike a careful balancebetween seeking to identify them in order to ensure theirparticular needs are met and not stigmatizing themfurther. The key to any intervention is to consult with andbe led by those affected - many of the followingsuggestions have come from girls associated with armedforces or armed groups.22

Extensive community dialogue and mediation isneeded to support girls’ reintegration. Key messages arethat girls, especially those who are pregnant or girlmothers need the support of their family and community.Strategies should enable girls’ acceptance through stepssuch as conducting traditional rituals, making repa-rations, providing health care and livelihoods support, anddeveloping links with women’s groups.

Some girls associated with armed forces or armedgroups and girl mothers in particular may require aperiod of intensive, additional or lengthier support duringreintegration. Although only a minority of girls may needresidential care, most will benefit from family or commu-nity support for purposes of healing and adjustment,medical care, learning parenting and vocational skills,and the development of community support networks.

Girls may be viewed as an additional burden on theirfamily and without value in terms of their potential to bemarried. With little hope of earning an income and limitedopportunity to participate in educational and vocationaltraining programmes without financial support or childcare, girls may become depressed and isolated from theirpeers and wider community. Specialised, culturally appro-priate responses should be identified or developed forthose girls who have become depressed and evensuicidal. Long term support may be necessary.

Families may expect girls to provide an income,which may result in them being sexually exploited. Girlsneed to be protected from such exploitation throughadvocacy with communities, educational and vocationalskills training and the provision of alternative economicstrategies.

Links should be established and maintained withexisting women’s groups, as social activities reduce thegirls’ isolation and promote their well-being.

Communities may need support in adjusting to girlswho have learned non-traditional skills and have develo-ped non-traditional expectations.

Not all girls wish to return to their previous commu-nity. Where girls prefer to live in urban centres in order tobe invisible and to earn money, they need to be supportedto ensure that they make choices in line with their bestinterests and that they can still access education andskills training.

Health Children who have been associated with armed

forces or armed groups are likely to have a variety ofhealth-related needs that may be apparent immediatelyor may emerge over time. Disability, lower limb problemsfor children who have portered and sensory problems forchildren who have fired guns, pathologies resulting fromsexual and gender based violence and drug and alcoholdependency are amongst those that require generalisedas well as specialist treatment. The rebuilding of healthinfrastructure is necessary for these children and othervulnerable children such as mines victims as well as being positive for the entire community. Linkagesbetween release and reintegration processes and existingprogrammes for dealing with children’s health needsshould be developed.

The following principles should apply to healthprogramming for children at the release or reintegrationstages:7.69.0 As soon as possible during the release process, allchildren should undergo assessment of their physicalhealth including nutritional screening, and receive treat-ment or referral on to specialist services as necessary.Principles should be developed to ensure that screeningidentifies medical problems relating to the children’srecruitment or use and that all clinically serious medicalneeds are addressed;7.69.1 Health care facilities should be made availableimmediately continuously through the release andreintegration stages; 7.69.2 Health education, including in relation to repro-ductive health, is an important aspect of health care andshould be provided to all children;

7.69

7.68

7.67

7.66

7.65

7.64

7.63

7.62

7.61

7.60

7.59

26

22) “Girls formerly associated with fighting forces and their children – returned and neglected” by Susan McKay, Malia Robinson, Maria Gonsalves andMiranda Worthen 2004 www.childsoldiers.org.

7.69.3 Reproductive health responses should be based ona thorough cultural analysis of gender relations, in orderto ensure the most effective response; 7.69.4 Outreach programmes through facilities such ashealth centres and schools are essential to improveaccess for children, particularly girls, who have beenrecruited or used by armed forces or armed groups.Existing staff in these facilities can be trained;7.69.5 Female and male health workers should be trainedin dealing with children who have been used by armedforces or armed groups and respect the basic principlesof confidentiality.

Specific responses and follow up are required forchildren likely to be infected with HIV, testing for whichmust be voluntary and the results of which must beconfidential.23

Appropriate responses should be developed to meetthe particular needs of girls including those who arepregnant or child mothers and their children; health careshould be provided with a mother and child perspective.

In many contexts, girls who have been associatedwith armed forces or armed groups are highly likely tohave been subjected to gender based violence (GBV),including sexual violence. Boys can also be subjected tosuch violence. The provision of support services (inclu-ding health, psychosocial and legal support) to survivorsof GBV should follow international guiding principles ofrespect, dignity, non-discrimination, safety, security andthe best interests of the survivor. In particular:7.72.0 Programmes should include measures to deal withthe physical impact of GBV on survivors, such as includinginjury, reproductive health problems including infertility,fistula and sexually transmitted infections, as well as therisks and results of early pregnancy and induced abortionor miscarriage or birth without adequate medical care;7.72.1 Medical facilities should (where possible) provideclinical management of rape24 and deal in a sensitivemanner with the consequences (sexually transmitted infec-tions, attempted abortions etc). Other services availableshould include pregnancy testing, and management ofpregnancy including management of induced abortion,safe termination, and provision of antenatal and postnatalcare. Staff dealing with GBV must be fully trained andaware of child-friendly assessment and interview protocols;7.72.3 Any programme offering girls access to medicalfacilities for GBV should also link in with girls or women’sgroups to ensure emotional support is available toaddress the psychosocial impact of GBV, includingstigma, discrimination and depression;7.72.4 Access to legal services should also be available tosurvivors, including as part of the health care response.

Psychosocial aspects Psychosocial support should be incorporated into

the release process at the earliest stages and into allstages of reintegration programming to assist children,families and communities in developing and building theirstrengths and resilience and involving them actively intheir own recovery. Encouraging and facilitating children’sactive participation in developing responsive and sensitiveactivities and programmes is central to reducing theirvulnerability and increasing their resilience.

Psychosocial support should focus on identifyingand addressing any obstacles to the ability to develop anappropriate social role and engage in culturally expectedsocial relationships.

Agencies and donors concerned with programmingfor the release and reintegration of children associatedwith armed forces or armed groups should make use ofthe Inter-Agency Standing Committee’s Guidance onPsychosocial Support.25 The following principles shouldinform approaches to psycho-social support:7.75.0 The development of strong networks of peersupport through youth groups or other community basedprogrammes such as girls’ clubs can allow young peopleto work together to solve problems, develop social compe-tencies appropriate to civilian life and define their rolesand responsibilities in their community;7.75.1 Culturally appropriate approaches to assistingchildren with emotional and behavioural problems shouldbe identified and assessed. Programmes should includerecreational activities in order to promote developmentand well being, enable recovery, and to replace the mili-tary mentality with the community spirit needed to rebuildcommunities and support reconciliation;7.75.2 It should not be assumed that all children asso-ciated with an armed force or armed group are trau-matised - practical concerns such as identifying edu-cation or livelihood opportunities may be the priority formany children; 7.75.3 Referral support should be available for childrenwho have been severely affected. Actors should avoidassumptions about which children may be most affectedand which sets of violations will result in childrenbecoming severely affected; 7.75.4 The provision of a safe and supportive environmentwhere children are kept fully informed about what is goingto happen and where health and other basic needs can bemet is fundamental to psychosocial well being;7.75.5 Children should be allowed the opportunity to talkindividually or in a group about their future or about pastexperiences, if they wish to do so. There should not be anexpectation that children have to “open up” and counsel-ling should not be forced on them. Most children benefitfrom a sensitive combination of traditional approachesand opportunities for supportive conversations;

7.75

7.74

7.73

7.72

7.71

7.70

27

23) Guidelines for HIV can be found in the IASC Guidelines for HIV/AIDS interventions in emergency settings:http://www.unfpa.org/upload/lib_pub_file/249_filename_guidelines-hiv-emer.pdf#search=%22IASC%20guidance%20on%20SGBV%22.24) http://www.who.int/reproductive-health/publications/clinical_mngt_survivors_of_rape/clinical_mngt_survivors_of_rape.pdf.25) http://www.humanitarianinfo.org/iasc/content/subsidi/tf_mhps/default.asp?bodyID=5&publish=0.

7.75.6 Programmes should acknowledge that girls’ andboys’ experiences may be very different and that their psy-chosocial needs will reflect their differential experiences;7.75.7 Programmes should acknowledge that children’sexperiences will vary according to their age and level ofresponsibilities within the armed force or armed group andthat this will have an impact on their psychosocial needs.

Trained staff members should be available to providepsychosocial assistance to children who have been sub-jected to sexual violence. Such violations are likely to havea profound and long lasting impact on their capacities forsocial relations and reintegration into the community.

Reintegration, education, vocational and skills training and livelihoods

Education, vocational and skills training and / oropportunities to support their own and their family’slivelihoods are essential elements for reintegration.Reintegration programmes should allow and encourageaccess for all groups, including children who need childcare facilities. This support should be free, available on apart time as well as full time basis, and include informalas well as formal assistance. Children who participateshould receive food whilst they are there and the hoursshould be flexible to allow for other commitments.Approaches to providing support of this kind should beadapted according to the child’s age, experiences, andcircumstances.

Educational activities should take into account thechildren’s lost educational opportunities, their age andstage of development, their experiences with armedforces or armed groups and the potential to promotepsychosocial well being, including a sense of self worth.Children with disability should be included in educationalactivities with their peers.

Educational and skills training should recognise thatmany children who were associated with armed forces orarmed groups, while missing years of education, havelearned other skills and competencies that they do notwant to lose and which can be useful in civilian society.

Accelerated learning programmes suitable for adoles-cents who have missed years of school should be compa-tible with and recognised by the formal system of education.

Alternative forms of education such as adult literacyclasses or evening classes should be offered to childrenwho cannot or do not wish to enter the formal educationalsystem.

Access to education or training programmes is likelyto be even more difficult for girls than for boys for a varietyof reasons including cultural expectations, poverty, andthe need for girls to earn a livelihood, work at home, orlook after children. Training programmes should includebut not be restricted to occupations considered suitablefor girls to enable subsequent income generation whilebuilding on the skills and abilities they have developedwhile with the armed force or armed group.

Provision should be made for relevant vocationaltraining and opportunities for employment, suitable forthe needs of all girls and boys including those withdisabilities. The following guidance should be adhered to: 7.83.0 An adequate technical analysis of the livelihoodsystems, market opportunities, and household economiesin the places to which children are returning should beused to develop economically relevant training,alternative forms of education, and opportunities foreconomic reintegration;7.83.1 Actors supporting children’s reintegration shouldcoordinate their work, learn from each other, developjoint programmes, ensure appropriate referrals to thosehaving particular expertise in income generation andvocational training and take measures to avoid variationsin the benefits of their respective programmes;7.83.2 Consultation with communities should developlocal programmes such as collective initiatives thatbenefit small groups of children and the community theyreturn to;7.83.3 Training in very basic business skills is also neededto prepare children to keep accounts and handle money; 7.83.4 Young people with no previous work experienceshould be offered apprenticeship and/or ‘on-the-job’training opportunities;7.83.5 Children who need to earn a living immediatelyupon return to their family and community should haveopportunities to do so while they obtain professionaltraining and/or an improved education. For example, thesale of some objects produced in the training phase couldallow them to purchase the tools they need for futurework. In some circumstances, limited materials can beprovided as start up support;7.83.6 Life skills training – including civic education, paren-ting skills, rights at work and home, prevention of HIV/AIDS,and education to counter interpersonal violence – shouldalso be part of all programmes designed for youngpeople; 7.83.7 Life skills programming should be sensitive to theparticular challenges faced by girls upon reintegration. Itshould allow both girls and boys to acquire a greaterunderstanding of the challenges faced by the other andfoster positive gender relationships; 7.83.8 Providing children with opportunities to begin tolearn or relearn skills such as non-violent conflictresolution and anger management can be very helpful tochildren who have learnt to use violence and aggressionin their everyday lives;7.83.9 Training programmes for girls should take intoaccount child care and meet other needs while training,such as flexible training schedules.

Care must be taken that vocational or skills trainingprogrammes do not support or lead to exploitation ofchildren or child labour. Work and education should bebalanced.

7.84

7.83

7.82

7.81

7.80

7.79

7.78

7.77

7.76

28

These principles should be referred to whenmonitoring and reporting on the treatment of childrenwithin various justice mechanisms, including transitionaljustice and truth commissions. They should form thebasis of advocacy with national and internationalinstitutions and bodies on the treatment of children whohave been associated with armed forces or armed groups.

Ending the culture of impunity Ending impunity for those responsible for unlawfully

recruiting or using children in armed conflict, and the exis-tence of mechanisms to hold such individuals to accountcan serve as a powerful deterrent against such violations.

National justice mechanisms and the adoption andimplementation of laws to uphold international law, aswell as international or hybrid tribunals to addressviolations of humanitarian and human rights law shouldbe supported at all times.

Advocacy should be directed at states to ratify theRome Statute of the International Criminal Court and toadopt its provisions in national law.

All feasible measures should be taken to protect therights of child witnesses and victims who may be calledupon to provide evidence of any sort against or on behalfof alleged perpetrators of crimes against them or others.In no circumstances should the provision of services orsupport be dependent on a child’s full participation injustice mechanisms.

States should ensure that perpetrators of violenceagainst children associated with armed forces or armedgroups, including sexual violence against girls areprosecuted, either through national legislation or throughthe International Criminal Court.

The treatment of children within justicemechanisms

The Rome Statute of the International CriminalCourt states that the Court shall have no jurisdiction overany person who was under 18 at the time of the allegedcommission of a crime. Children should not be prosecutedby an international court or tribunal.

Children who have been associated with armedforces or armed groups should not be prosecuted orpunished or threatened with prosecution or punishmentsolely for their membership of those forces or groups.

Children accused of crimes under international ornational law allegedly committed while associated witharmed forces or armed groups are entitled to be treated inaccordance with international standards for juvenile justice.

All relevant international laws and standards mustbe respected, with due consideration to the defendants’status as children; moreover:8.9.0 Alternatives to judicial proceedings should besought for children at the national level;

8.9.1 If national judicial proceedings take place, childrenare entitled to the highest standards of safeguardsavailable according to international law and standardsand every effort should be made to seek alternatives toplacing the child in institutions.

Where large numbers of people are facing criminalproceedings as a result of armed conflict, the processingthe cases of children and of mothers who have childrenwith them in detention should take priority.

Children associated with armed forces or armedgroups who return to communities without undergoing anyjudicial or other proceedings should be closely monitored toensure that they are not treated as scapegoats or subjectedto any processes or mechanisms that contravene their rights.

Information managementInformation should be gathered from children only

in a manner that respects their rights and protectsagainst causing additional distress to the child. It shouldbe regarded as confidential.

Material drawn from information gathered from chil-dren might be shared for the purposes of supporting justicemechanisms that are themselves designed in a way thatrespects children's rights and does not cause distress to thechild, as long as the material so disclosed does not identifyparticular children. Specific information gathered fromchildren should in general only be disclosed upon a courtorder and in responding to such an order all efforts should bemade to secure a further court order ensuring that theinformation will be treated in a way that respects children'srights and does not cause distress to the child. Note thatcertain organisations, including United Nations organisationsand the ICRC, are afforded broad immunities from, amongother things, court orders, though they are generallyexpected to cooperate in the proper administration of justice.

Truth-seeking and reconciliation mechanisms Where truth-seeking and reconciliation mechanisms

are established, and where the involvement of children issupported and promoted, all feasible measures shall betaken to protect the rights of children throughout theprocess, in accordance with international human rightsand legal standards.

All children who take part in these mechanisms,including those who have been associated with armedforces or armed groups should be treated equally aswitnesses or as victims.

Children’s participation in these mechanisms mustbe voluntary. No provision of services or support shouldbe dependent on their participation in these mechanisms.

Civil proceedings Specific issues that only emerge over time, such as

land and property rights, have presented major obstaclesto the reintegration of children in some contexts. Wherenecessary, children must be represented and assisted inthe appropriate fora.

8.17

8.16

8.15

8.14

8.13

8.12

8.11

8.10

8.9

8.8

8.7

8.6

8.5

8.4

8.3

8.2

8.1

8.0

8. Justice

29

Monitoring and follow-up of children are essential toensure long term reintegration, the protection andupholding of rights and benefits, to prevent re-recruitment,and to identify and respond appropriately to children whoexperience serious difficulties with reintegration. In orderto be effective, the community, including children formerlyassociated with armed forces or armed groups and otherchildren affected by armed conflict, should be involved inplanning the criteria and process for follow-up. Localcapacity should be supported or developed to provide longterm monitoring, support and intervention if children arefelt to be at significant risk.

Actors should be alert to the possibility that indivi-dually focused monitoring may have for stigmatisingchildren and take adequate measures to avoid thishappening.

The community as described above should also beinvolved in deciding at which point a child can be consi-dered to be successfully reintegrated into civilian life.

Such monitoring and decision-making shouldinclude and link local leaders, mechanisms and struc-tures with relevant national and sub-regional mechanisms.

Girls may require a longer period of follow-up thanboys or different approaches. Girl mothers will need to besupported in both the emotional and practical challengeof being in a mothering role and provided with appropriateoptions in a supportive environment.

9.4

9.3

9.2

9.1

9.0

9. Monitoring and follow-up

30

Programmes to prevent recruitment of children andto protect, release and reintegrate them should be jointlyand constantly monitored and evaluated with communi-ties. Children, particularly girls, who have been associa-ted with armed forces or armed groups, should be invol-ved in the monitoring and evaluation of initiatives aimed atsupporting them.

All actors working to support children’s reinte-gration should develop common approaches and informchildren of the nature of support available. There shouldbe no discrimination based on age, gender, political orreligious, affiliation26 race or ethnicity or on the nature orthe level of the child's involvement in the armed forces orarmed groups.

10.1

10.0

10. Monitoring and evaluation of programme interventions

3126) In accordance with the 1989 Convention on the Rights of the Child, article 2.