Canadian Consortium on Human Security

Lucia Withers*

Almost all conflicts are now fought not between states but within national boundaries and almost all involve non-state armed groups (armed groups)[i]. Among the characteristics of many of these conflicts is the involvement of children.

The phenomenon of child soldiers is not new, although it has become more widely recognized in the past decade [ii]. It is now the subject of international and regional treaties and of United Nations (UN) Security Council resolutions and debate. Abhorrence of the recruitment and use of children in hostilities is reflected in its criminalization in international law; under the Rome Statute of the International Criminal Court (ICC), conscripting and enlisting children under the age of 15 years into armed forces or groups or using them to participate directly in hostilities constitutes a war crime. International labour law treats the forced recruitment of children under the age of 18 for use in armed conflict as one of the worst forms of child labour.

Corresponding to this increased attention has been a growing understanding of the complexity of the issue and the need for sophisticated, context-specific approaches towards prevention. Such approaches must necessarily address a range of actors, from those involved in recruiting and using children as soldiers to those responsible for their protection and well-being. Among these, armed groups merit specific attention. This is not only because, at least in recent years, the majority of children involved in armed conflict have been within their ranks, but also because efforts to persuade armed groups to adhere to international standards on child soldiers have so far met with only limited success.

Developing more effective strategies to influence the policy and practices of armed groups is therefore essential if real progress towards ending the recruitment and use of child soldiers is to be achieved. The overriding question then becomes, how best to influence that policy and practice?

Just as it is difficult to make generalizations about the characters of armed groups (and the conflicts in which they are involved), it is unwise to think in over-generalized terms about approaches to them. Moreover, experience of approaching armed groups on the issue of child soldiers is still being built and initiatives, particularly by grassroots actors, are poorly documented.

Nevertheless, the accumulated experience to date points towards certain approaches as being more appropriate or effective in addressing the specific issues to be considered when children are associated with armed groups, including their physical security and psychosocial well-being.

There is an alarming level of continuity in the forced recruitment of children by armed groups. Of the 38 parties in 12 countries that recruit or use children in situations of armed conflict listed in the latest report of the UN Secretary-General on Children and armed conflict, 24 are non-state armed groups [iii]. Many of these groups are persistent offenders that have proven remarkably resistant to appeals, condemnation or sanction.

Whatever their role – combatant, scout, spy, courier, porter, sexual slave -- the association with armed forces or groups exposes children to extreme and unacceptable threats to their health and well-being.

Armed groups frequently deny the existence of children in their ranks even when there is overwhelming evidence to the contrary. Justification for their use may also be given sometimes, stressing the military necessity of recruiting children.

Understanding what motivates an armed group to recruit and use children is important to designing effective protection strategies, including whether, when and how to enter into dialogue with such groups.

The international architecture and the limits of external pressure

There have been significant advances in the international legal framework insofar as it enjoins states to protect children against recruitment and use by armed groups [iv]. However, persuading armed groups to be bound by an international treaty to which only states can become party, or indeed by relevant provisions of international humanitarian law, represents a formidable challenge. While there have been a number of important initiatives at the international level aimed at enforcing the standards, there has only been a very small decline in the overall number of parties recruiting or using child soldiers – particularly among armed groups.

Traditional techniques of pressure and persuasion go only so far. Alternative or supplementary actions must be sought to convince armed groups to stop recruiting and using children - actions in which engagement may form a central plank.

Engaging armed groups – no pariahs?

Much can be learned from the experiences of engagement with armed groups for purposes of humanitarian access and political interventions in the cause of peace processes or conflict resolution on which there is a growing body of literature [v]. Many of the same principles will apply to approaches to armed groups on the subject of child soldiers, for example, understanding the character, ideology, aims, capacity and constituency of the group; understanding your organization’s capacities and competences; coordination with other actors; and ensuring clarity about the specific objectives of engagement. On the issue of child soldiers this might include inter alia preventing recruitment; negotiating release; training armed actors on international humanitarian law and human rights protection; extracting commitments to adhere to international standards; or seeking information.

In relation to children, many human rights and humanitarian actors argue that not engaging is not an option. If protection of children is of paramount concern and engagement can assist towards that protection, then engagement must be considered.

The role of communities: working in their own backyard

At a forum on armed groups and the involvement of children in armed conflict organized by the Coalition to Stop the Use of Child Soldiers in 2006, participants from settings as far apart as Sudan, Myanmar and Northern Ireland repeatedly emphasised the importance of involving communities in approaches to armed groups [vi]. A key point made was, that “in our own backyard we understand the problems better.”

Armed groups do not operate in a vacuum. It is only in rare cases that they do not have their roots in local communities or seek some level of acceptance or support from them. Communities are essential to understanding why children are recruited and how they can be protected. In some cases they may be in a position to directly influence attitudes within armed group, and in other cases they may act as intermediaries.

In situations where there is little or no protection of children by the government, involving communities is likely to be essential to developing effective and sustainable strategies against child recruitment and use. Developing greater awareness among communities about the rights of children, including the prohibitions on their use as soldiers, can be an important first step. It can help build community resistance to child recruitment. It may also act as a catalyst for community initiatives to protect or rescue children from armed groups. In situations where there is strong community support for the armed group, changing community attitudes towards children as soldiers can be critical to changing attitudes within the group itself. In many cases, communities have recognized this and acted on their own initiative. Such community initiatives should be supported wherever possible.

At the same time, it is important to recognize the challenges to community involvement. In situations of profound under-development or prolonged conflict community structures may be severely degraded or may have collapsed entirely. High levels of violence, and the resulting fear and insecurity, can inhibit or even prevent community organization around an issue as sensitive as child soldiers. While community involvement is desirable and should be encouraged, it cannot always be assumed.

* Excerpted from “Child-Soldiers: How to Engage in Dialogue with Non-State Armed Groups” by Lucia Withers, The Coalition to Stop the Use of Child Soldiers in “The Swiss Human Rights Book: Realizing the Rights of the Child” eds. Carol Bellamy and Jean Zermatten available at www.ruefferundrub.ch with the permission of the Coalition to Stop the Use of Child Soldiers, January 2007.