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Watchlist presented the report at high-level meetings with the Security Council Working Group on Children and Armed Conflict (SCWG-CAAC), the Group of Friends on 1612 in New York and Bogotá, as well as at meetings with the in-country Monitoring and Reporting Mechanism (MRM) Task Force, Colombian government entities (e.g. Foreign Ministry, Vice-Presidency, National Ministry of Defense, the Colombian Family Welfare Institute), and relevant UN agencies, NGOs and donors in New York and Bogotá. In its official response to the report, the Colombian government promised to demonstrate through its actions that there is ‘someone to trust’ for children and other war-affected communities.

 The report received extensive international, regional and national press coverage. Watchlist appeared with partner organization COALICO on CNN Café, reaching 35 million viewers in Latin America and the United States. Watchlist also posted a blog on the Huffington Post, Threats in the Classroom: Teachers Protect Students in the Midst of Colombia’s War, highlighting the misuse of schools by warring parties.

 Looking ahead, the SCWG-CAAC is expected to discuss the situation of children in Colombia in the upcoming weeks. These discussions follow the already released 2012 Secretary-General report on children and armed conflict in Colombia (S/2012/171). The Secretary-General’s report, which serves as the basis for the Working Group’s negotiations, reflects core messages of Watchlist’s report: the need for the systematic release of children from armed groups through action plans or through inclusion in any peace negotiations; an appeal for equal treatment of children associated with paramilitary successor groups as children associated with other armed groups; and an emphasis on gaps in the implementation of the government’s policies on the prevention of child recruitment, sexual violence and other grave violations. 

The two recent verdicts, each in their own way, show how far international justice can reach.

The Lubanga case made it clear that a war crime is committed not only when children are sent to combat, but also when they are used to provide general support to combatants away from the front lines. This includes the child who gets food and water, cooks, cleans and caters to the combatants’ every need. Active participation means fighting, but also, as the Court puts it, any activity that exposes the child to “real danger as a potential target”. This approach is a welcome departure from previous jurisprudence, held namely by the Special Court for Sierra Leone, where support to combatants outside the strict context of combat was excluded from the definition of active participation in hostilities. This meant that the plight of many children, in particular girls, was left silent. 

 The Charles Taylor case establishes criminal responsibility beyond borders and immediate chains of command. Taylor, from Liberia, was convicted for crimes committed in neighboring Sierra Leone by rebel forces that were nonetheless found not to be under his effective command and control. The practical assistance, encouragement and moral support he gave to the infamous Revolutionary United Front (RUF) in Sierra Leone were sufficient to make him criminally responsible for the civilians who were killed, maimed, raped, enslaved, as well as the for the child soldiers who served with the RUF.

 These two historical verdicts have brought more depth and reach to international criminal law and help to bring justice to thousands of children affected by armed conflict in Sierra Leone and the DRC.

 However, impunity still remains a major concern, in particular with respect to the DRC. Bosco Ntaganda, a former rebel leader indicted for conscripting and enlisting children under the age of 15 and using them for active participation in hostilities, is yet to be arrested and transferred to the ICC. He was made general in the Congolese army in 2009. Ntaganda has reportedly gone into hiding recently, as the Congolese government pledged to arrest him for his alleged involvement in an army mutiny in the Kivus this past April. However, the Congolese government has not stated their intention to transfer him to the ICC. 

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Special Representative on Children and Armed Conflict, Ms. Radhika Coomaraswamy, visits children affected by the armed conflict in the Democratic Republic of Congo. Photo by: The Office of the SRSG

On January 25, 2011, Secretary-General Ban Ki-moon formally announced that his Special Representative on Children and Armed Conflict (SRSG-CAAC), Ms. Radhika Coomaraswamy, will be leaving her post by the middle of this year. Ms. Coomaraswamy is the second individual to hold the position of the SRSG-CAAC since the establishment its mandate by the General Assembly in 1996. Following her appointment by former Secretary-General Kofi Annan in 2006, Ms. Coomaraswamy has tirelessly dedicated herself to serving as a global advocate for the millions of children affected by armed conflict around the world. In acknowledgement of Ms. Coomarawamy’s dedication and effectiveness, as well as the indispensable role played by the SRSG-CAAC in global efforts to protect children in situations of armed conflict, the General Assembly requested a renewal of the SRSG-CAAC’s mandate for a further three years during the 66^th UN General Assembly in 2011. With more than two years left to work under the current mandate, the time for selecting the next SRSG-CAAC is now.

Unfortunately, the departure of Ms. Coomaraswamy comes at a time when several Special Mandate-holders, assigned to monitor and report on child protection-related issues, are facing political pressure that could negatively impact on valuable progress made. Watchlist believes that the UN system requires continued strong leadership and action from a dedicated SRSG-CAAC to address the continuing violations against children in armed conflict and other situations of concern. We are urging UN member states, UN Agencies and other NGOs to support this objective, as well as to protect the SRSG-CAAC’s mandate in its current form, and ensure that the momentum around the Children and Armed Conflict agenda remains strong through a joint advocacy campaign. 

The campaign, centered around advocating for the timely and transparent selection of a new SRSG-CAAC as well as pushing back on the political pressures threatening the SRSG-CAAC’s mandate, brings a strong collective message to the Secretary-General that the selection of the next SRSG-CAAC must be made an immediate priority and that the current mandate is essential to efforts to protect children in armed conflict and to defend their rights at the highest level. 

Watchlist Background Note: Selecting a New SRSG-CAAC

Joint NGO Letter to the Secretary-General re: SRSG-CAAC Appointment, January 2012

Watchlist’s Letter to the Secretary-General, April 2012

UPDATE: The United Nations released an official vacancy announcementfor the SRSG-CAAC on May 8, 2012. The announcement reflects the responsibilities of the SRSG under the current mandate, including raising awareness and promoting the collection of information about the plight of children affected by armed conflict, fostering international cooperation to ensure respect for children’s rights in these situations and contributing to the coordination of efforts by Governments, relevant United Nations bodies and NGOs. The formal call for candidate nominations for the position of SRSG-CAAC has also now  been sent to member states. 

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