Tag Archives: Child Soldiers

Resolution on the Human Rights Situation in Republic Democratic of Congo

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The Forum of Participation of NGOs, meeting on 10-12 November 2007, in Brazzaville, Republic of Congo,

Considering the ongoing violent armed conflict in North-Kivu between the Armed Forces of Democratic Republic of Congo and the rebel forces of the former General, Laurent Nkunda, since December 2006, as well as the attacks by the Democratic Forces for the Liberation of Rwanda and by the Mayi Mayi militia against the rebels led by Nkunda;

Considering the blatant violations of human rights and international humanitarian law committed by all parties to the conflict against the civilian population, including murders, rapes and other forms of sexual violence and pillaging;

Considering also the alarming situation in other regions of the country, including South-Kivu, North Katanga and Ituri, faced with continuing grave human rights violations;

Considering that crimes of sexual violence are perpetrated in a massive and systematic manner;

Considering the reigning impunity for perpetrators of such crimes from all parties to the conflict;

Considering that as a result of the conflict 350,000 Congolese civilians have been forcibly displaced since the beginning of 2007;

Considering that the civilian population is facing a humanitarian catastrophe;

The NGO Forum requests the ACHPR to adopt a resolution calling on:

The Congolese Authorities:

1. To take all necessary measures to ensure that the perpetrators of the most serious crimes are prosecuted, in accordance with international human rights law and international criminal law;
2. To ensure the effective implementation of Law N° 06/018 of 20 July 2006 on rape and other forms of sexual violence, modifying and supplementing the Decree of 30 January 1940 establishing the Criminal Code;
3. To cooperate fully with the International Criminal Court;
4. To end the use of child soldiers within the Armed Forces of Democratic Republic of Congo, and to prosecute the perpetrators of this crime;
5. To continue and strengthen efforts to create a unified national army respectful of international humanitarian and human rights law.

The Democratic Forces for the Liberation of Rwanda and Rebel Forces led by Laurent Nkunda:

1. To stop immediately attacks on civilians;
2. To stop immediately the use of child soldiers;
3. To disarm and to join the national army.

The Neighbouring States:

1. To cease all support to rebel movements.

The UN Mission in Democratic Republic of Congo:

1. To strengthen civilian and military means to ensure the full protection of vulnerable civilians.

The International Criminal Court:

1. To prosecute the perpetrators of the most serious crimes, including sexual crimes, committed in DRC since July 2002, notably in Kivu.

The International Community:

1. To support the fight against impunity of the most serious crimes committed in DRC, notably by creating mix tribunal.

 

Done in Brazzaville, November 12th, 2007

Resolution on the Respect for International Humanitarian Law and International Human Rights Law in Periods of Armed Conflict

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We, the participants of the Forum of NGOs participating at the 37th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 11th African Human Rights Book Fair, held in Banjul, The Gambia, from April 27 to May 11, 2005,

Noting the increase and prolongation of armed conflicts in Africa, in particular internal armed conflicts, and the resulting human suffering and destruction;

Conscious that poverty, social injustice, economic and political bad governance frequently give rise to conflicts;

Convinced that the respect for humanitarian law and human rights helps to prevent the escalation of violence and facilitates the resolution of conflicts;

Concerned by the fact that the civilian populations have become the principal victims of the acts of violence perpetrated during armed conflicts;

Concerned by the widespread use of illegal means and methods of combat, notably the attacks against individuals who do not participate or no longer participate in the hostilities;

Seriously concerned by the illegal circulation of small arms and the recruitment of mercenaries;

Aware of the phenomenon of the use of children in hostilities;

Worried by the persistence of a culture of impunity, notably by the adoption of general or special amnesty laws;

Cognisant of the universality of the international humanitarian law and of the fundamental human rights principles and their complementary nature in situations of armed conflict;

Request:

1. The Member States of the African Union to:

1. Ratify or accede to the instruments of humanitarian and human rights law to which they are signatory;

2. Respect and ensure respect for humanitarian law under all circumstances as stipulated by Article 1 which is common to all four Geneva Conventions of 1949 relative to the protection of the victims of armed conflicts, and to guarantee the efficacy of human rights;

3. Take all the adequate legislative, regulatory and practical measures for implementing their obligations ensuing from international humanitarian law, including the imposing of criminal sanctions, and human rights instruments, in particular the Protocol to the African Charter relative to the Rights of Women in Africa and the African Charter on the Rights and Welfare of the Child;

4. Ensure that genocide, crimes against humanity and serious violations of humanitarian law are duly pursued and punished by the national courts, or if need be, by the International Criminal Court;

5. Ensure a wide distribution of the instruments of humanitarian human rights law within the civilian population, the security forces, soldiers and to facilitate their distribution among Opposition Groups;

2. To the conflicting Parties:

1. To ensure that the hostilities are conducted in conformity with the laws and customs of war, notably to make a distinction at all times between civilians and combatants and between civilian property and military targets;

2. To guarantee respect for humanitarian law as a means of avoiding the displacement of populations, both within the borders of the territory in conflict and towards neighbouring States;

3. To ensure that individuals of less than 18 years do not participate in the hostilities and to take adequate measures to this effect;

4. To respect and protect the victims of conflicts without distinction as to which Party they belong and in particular to ensure that detainees are not subjected to humiliating or degrading treatment and that humanitarian workers are respected and protected;

5. To guarantee the access and facilitate the coordination of emergency humanitarian activities for the humanitarian organisations responsible for providing assistance and protection to the victims of armed conflicts;

3. To the African Commission:

1. To guarantee the follow-up on the recommendations relative to international humanitarian and human rights law.

Done in Banjul, The Gambia, 27th April, 2005

Resolution on the International Humanitarian Law in times of conflict

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We, the participants of the NGO FORUM participating at the 36TH Ordinary Session of the African Commission on Human and Peoples’ Rights and the 10th African Human Rights Book Fair held at NGOR DIARAMA from 20th to 22nd November 2004,

Notting the increasing number and the continuation of armed conflicts in Africa and the resulting human suffering and destruction;

Noting also that the majority of these conflicts are internal;

Concerned that civilians have become the main victims of the acts of violence inflicted upon them by armed conflicts;

Concerned by the widespread use of illicit means and methods of warfare, particularly attacks against civilians as such;

Concerned by the illicit movement of small arms and the recruitment of mercenaries;

Becoming aware of the phenomenon of the use of children in hostilities;

Recognizing the universality of the international humanitarian law and the fundamental principles of human rights and their complementarity in situations of armed conflict;

Request:

1. Member States of the African Union:

1. To ratify or accede to humanitarian law and human rights instruments to which they are not yet party;
2. To respect and enforce the humanitarian law in all circumstances as stipulated by Article 1 common to all the four Geneva conventions of 1949 relating to the protection of victims of armed conflicts and ensure the effectiveness of human rights;
3. To take all the necessary legislative, regulatory and practical measures to fulfill their obligations deriving from the international humanitarian law and human rights instruments, particularly the Protocol to the African Charter on Women Rights in Africa and the African Charter on the Rights and Welfare of the Child;
4. To ensure that genocide, crimes against humanity and serious abuses of humanitarian law are duly taken to court and punished by national courts or, as the case may be, by the International Criminal Court;
5. To ensure wide distribution of humanitarian law and human rights instruments among the civilian population, security forces, soldiers and facilitate their distribution to the members of the opposition groups;

2. The parties in the conflict:

1. To ensure that hostilities are conducted in accordance with the laws and practices of war, particularly making the distinction between civilians and combatants and between civilian property and military property;
2. To guarantee the respect of humanitarian law as a way of avoiding forced displacements of the population;
3. To ensure that children below 18 years of age do not get involved in hostilities and take adequate measures to this effect;
4. To respect and protect victims of conflicts without discrimination, ensuring especially that prisoners are not subjected to humiliating or degrading treatment and that humanitarian workers are respected and protected;
5. To guarantee access to and facilitate the coordination of emergency humanitarian actions of humanitarian organizations involved in providing assistance and the protection of victims of armed conflict;

3. The African Commission:

1. To make follow up of the recommendations relating to humanitarian law and human rights;
2. To appoint within the Commission a Commissioner responsible for monitoring issues relating to the international humanitarian law, particularly the situation of internally displaced persons during armed conflicts.

Done at Dakar, on 22nd November 2004
The Forum

Recommendation on the Situation of Women and Children in Africa

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We the participants at the Forum on NGO Participation at the Ordinary Session of the ACHPR,

Considering the repeated violations of rights affecting women and children in Africa;

Considering the deportation, enslavement, trafficking of street children and the proliferation of street children in certain African countries;

Considering the persistence of harmful traditional practices against women and/or children in certain African countries (children “talibes”, street children and genital mutilations);

Considering the increasing feminisation of poverty and the stigmatisation of female victims of HIV Aids;

The Forum recommends that:

  • All AU Member States ratify the Protocol to the African Charter relating to the rights of Women in Africa to ensure its entry into force;
  • All AU Member States ratify the United Nations Convention Against all forms of Discrimination against Women, and those States which ratified the Convention with reservations should rescind them;
  • Internal Laws be harmonised with the above-mentioned international instruments;
  • A special mechanism for the protection of women and children in conflict situations be established;
  • Child soldiers be disarmed and demobilised and a social reintegration system be put in place;
  • The effective implementation by member states of  HIV Aids Control Programmes;
  • The setting up of a system providing  women access to social security;
  • Active African NGO networks be created in the areas of Women Rights or Rights of the Child at the national and regional levels.

Done in Banjul, May 20th, 2004

Recommendations on Small Arms, Child Soldiers and Mercenaries

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The Forum on NGO Participation at the Ordinary Session of the ACHPR recommends:

The adoption by ECOWAS Member States of a legal instrument restricting and regulating the importation, trading and manufacture of small arms (ALPC);

1. The prohibition of the transfer of arms to non-state parties within the ECOWAS Zone;

2. The Strengthening of the institutional and technical capacity of the National Commissions (NATCOM) to render them  functional and efficient by:

  • Endowing the NatComs with a legal status to ensure their effective functioning,
  • Training or involving members of the NatComs in training programmes in the fields of disarmament, peace and security.

3. That the effective control of the circulation of  Small Arms be ensured through:

  • The establishment of coherent legal and regulatory framework to control the circulation of Small arms,
  • Stricter borders controls,
  • The denunciation and sanctioning of countries and individuals violating arms embargoes or which carry out or are involved in illegal arms dealing.

4. The effective implementation by ECOWAS Member States of the sub-regional, regional and international Conventions on the  Protection of Children before, during and after conflicts:

  • Need for a sub-regional civil society coalition to arrest the use of child soldiers,
  • Free child soldiers enrolled in armed and regular security forces,

5. The urgent transformation of the moratorium expiring in October, 2004 into a Convention and the setting up of a Small Arms Department within  ECOWAS.

6. The strengthening of the AU/NEPAD Security Programme, the United Nations Action Plan, and the recommendations of Children’s Organisations.

7.  Increased sensitisation campaigns on the sale of small arms.

8. The strengthening of National Commissions which serve as focal points for the implementation of all Small Arms Agreements.

 

Done in Banjul, May 20th, 2004

Resolution on Armed Conflicts in Africa

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We the participants at the Forum on the Participation of NGOs the 32nd Ordinary Session of the African Commission on Human and Peoples’ Rights and the 6th African Human Rights Book Fair, held at the Kairaba Beach Hotel in Banjul from October 14th-16th, 2002

Considering the high number of armed conflicts, and the emergence of new conflicts, in Africa;

Considering the serious humanitarian consequences of these conflicts on the civilian population in terms of the number of lives lost, and of persons wounded, disappeared, detained, and internally displaced or made refugees, and considering in particular the repercussions of conflicts on vulnerable groups such as women, children and minorities;

Welcoming certain positive developments towards the resolution of conflicts on the continent, as well as the opportunities for the future created by the reinforcement of collective action mechanisms aimed at protecting the rights of victims of armed conflict within the framework of the African Union;

Recalling the Resolution adopted in 1993 by the 14th Ordinary Session of the African Commission on Human and Peoples’ Rights, which invited African States to implement and disseminate international humanitarian law and human rights;

Recalling the Resolution adopted in 2002 by the 13th Ordinary Session of the African Commission on Human and Peoples’ Rights, which invited African States to implement and disseminate international humanitarian law and human rights;

We call upon the African states to:

Adopt all necessary measures to promote understanding of international humanitarian law, international human rights law, and international refugee law, in particular by armed and security forces, parliamentarians, and political decision-makers;

Implement the treaties of international humanitarian law, human rights law, and refugee law by adopting all appropriate legal and practical measures;

Suppress all violations of these instruments, and in particular prosecute and punish individuals for serious violations of International Humanitarian Law and of human rights on the basis of universal jurisdiction;

Ratify or accede to the Rome Statute of the International Criminal Court and take the required implementing measures;

Afford special attention to the problem of child-soldiers, by ratifying and implementing the 1999 African Charter on the Rights and Welfare of the Child and the 2000 Optional Protocol of the Convention on the Rights of the Child on the involvement of children in armed conflict.

Moreover, States are invited to support efforts deployed at the international, regional or national levels to achieve the durable resolution of conflicts (including demobilisation of all armed groups) and in doing so to re-establish the foundation for full respect of fundamental human rights.

Done in Banjul, The Gambia 16th October 2002