The Security Council, Reaffirming its resolutions 1261 (1999) of 25 August 1999, 1314 (2000)
of 11 August 2000, 1379 (2001) of 20 November 2001, and 1460 (2003) of 30
January 2003 which provide a comprehensive framework for addressing the
protection of children affected by armed conflict,
Recalling its resolution 1308 (2000) on the responsibility of the
Security Council in the maintenance of peace and security: HIV/AIDS and
International Peacekeeping Operations and its resolution 1325 (2000) on Women, Peace
and Security,
While noting the advances made for the protection of children affected
by armed conflict, particularly in the areas of advocacy and the
development of norms and standards, remaining deeply concerned over the lack of overall
progress on the ground, where parties to conflict continue to violate with impunity the
relevant provisions of applicable international law relating to the rights and
protection of children in armed conflict,
Recalling the responsibilities of States to end impunity and to
prosecute those responsible for genocide, crimes against humanity, war crimes and other
egregious crimes perpetrated against children,
Reiterating its primary responsibility for the maintenance of
international peace and security and, in this connection, its commitment to address
the widespread impact of armed conflict on children,
Underlining the importance of the full, safe and unhindered access of humanitarian personnel and goods and the delivery of humanitarian
assistance to all children affected by armed conflict,
Noting the fact that the conscription or enlistment of children under
the age of 15 or using them to participate actively in hostilities in both
international and noninternational armed conflict is classified as a war crime by the Rome Statute of the International Criminal Court and noting also that the Optional Protocol
to the Convention on the Rights of the Child on the involvement of children in
armed conflict requires States parties to set a minimum age of 18 for
compulsory recruitment and participation in hostilities and to raise the minimum
age forvoluntary recruitment from that set out in article 38, paragraph 3, of
the Convention on the Rights of the Child and to take all feasible measures to ensure
that members of their armed forces who have not attained the age of 18 years do not
take a direct part in hostilities,
Stressing its determination to ensure respect for its resolutions and
other international norms and standards for the protection of children
affected by armed conflict,
Having considered the report of the Secretary-General of 10 November
2003 pursuant to paragraph 16 of its resolution 1460 (2003) and stressing
that the present resolution does not seek to make any legal determination as to whether
situations which will be referred in the Secretary-General’s report are or are not
armed conflicts within the context of the Geneva Conventions and the
Additional Protocols thereto, nor does it prejudge the legal status of the non-State parties
involved in these situations,
1. Strongly condemns the recruitment and use of child soldiers by
parties to armed conflict in violation of international obligations applicable to
them, killing and maiming of children, rape and other sexual violence mostly committed
against girls, abduction and forced displacement, denial of humanitarian access
to children, attacks against schools and hospitals as well as trafficking, forced
labour and all forms of slavery and all other violations and abuses committed against
children affected by armed conflict;
2. Requests the Secretary-General, taking into account the proposals contained in his report as well as any other relevant elements, to
devise urgently and preferably within three months, an action plan for a systematic and
comprehensive monitoring and reporting mechanism, which utilizes expertise from the
United Nations system and the contributions of national Governments, regional organizations, non-governmental organizations in their advisory capacity
and various civil society actors, in order to provide timely, objective,
accurate and reliable information on the recruitment and use of child soldiers in
violation of applicable international law and on other violations and abuses
committed against children affected by armed conflict, for consideration in taking
appropriate action;
3. Expresses its intention to take appropriate measures, in particular
while considering subregional and cross-border activities, to curb linkages
between illicit trade in natural and other resources, illicit trafficking in small arms
and light weapons, cross-border abduction and recruitment, and armed conflict,
which can prolong armed conflict and intensify its impact on children, and
consequently requests the Secretary-General to propose effective measures to control
this illicit trade and trafficking;
4. Calls upon all parties concerned to abide by the international
obligations applicable to them relating to the protection of children affected by
armed conflict, as well as the concrete commitments they have made to the Special
Representative of the Secretary-General for Children and Armed Conflict, to UNICEF and
other United Nations agencies, and to cooperate fully with the United Nations peacekeeping missions and United Nations country teams, where
appropriate in the context of the cooperation framework between the United Nations and the
concerned government, in the follow-up and implementation of these commitments;
5. Takes note with deep concern of the continued recruitment and use of children by parties mentioned in the Secretary-General’s report in
situations of armed conflict which are on its agenda, in violation of applicable
international law
relating to the rights and protection of children and, in this regard: (a) Calls upon these parties to prepare within three months concrete
timebound action plans to halt recruitment and use of children in violation of the international obligations applicable to them, in close collaboration
with United Nations peacekeeping missions and United Nations country teams,
consistent with their respective mandates;
(b) Requests the Secretary-General, in order to promote an effective and coordinated follow-up to this resolution, to ensure that compliance by
these parties is reviewed regularly, within existing resources, through a process
involving all stakeholders at the country level, including government representatives,
and coordinated by a focal point to be designated by the Secretary-General
and in charge of engaging parties in dialogue leading to time-bound action plans, so
as to report to the Secretary-General through his Special Representative by 31 July
2004, bearing in mind lessons learned from past dialogues as contained in paragraph 77
of the Secretary-General’s report;
(c) Expresses its intention to consider imposing targeted and graduated measures, through country-specific resolutions, such as, inter alia, a
ban on the export or supply of small arms and light weapons and of other military
equipment and on military assistance, against these parties if they refuse to
enter into dialogue, fail to develop an action plan or fail to meet the commitments included
in their action plan, bearing in mind the Secretary-General’s report;
6. Also takes note with deep concern of the continued recruitment and
use of children by parties in other situations of armed conflict mentioned
in the Secretary-General’s report, in violation of applicable international law
relating to the rights and protection of children, calls on these parties to halt
immediately their recruitment or use of children and expresses, on the basis of timely,
objective, accurate and reliable information received from relevant stakeholders,
its intention to consider taking appropriate steps to further address this issue, in
accordance with the Charter of the United Nations, its resolutions 1379 (2001) and 1460
(2003) and the present resolution;
7. Decides to continue the inclusion of specific provisions for the
protection of children in the mandates of United Nations peacekeeping operations,
including, on a case-by-case basis, the deployment of child protection advisers
(CPAs), and requests the Secretary-General to ensure that the need for, and the
number and roles of CPAs are systematically assessed during the preparation of each
United Nations peacekeeping operation;
8. Reiterates its requests to all parties concerned, including United
Nations agencies, funds and programmes as well as financial institutions, to
continue to ensure that all children associated with armed forces and groups, as
well as issues related to children, are systematically included in every disarmament, demobilization and reintegration process, taking into account the
specific needs and capacities of girls, with a particular emphasis on education, including
the monitoring, through, inter alia, schools, of children demobilized in
order to prevent re-recruitment and bearing in mind the assessment of best practices,
including those contained in paragraph 65 of the report of the Secretary-General;
9. Calls upon States and the United Nations system to recognize the important role of education in conflict areas in halting and preventing
recruitment and re-recruitment of children contrary to the obligations of parties to
conflict; 10. Notes with concern all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crisis, including
those cases involving humanitarian workers and peacekeepers, requests contributing
countries to incorporate the Six Core Principles of the Inter-Agency Standing
Committee on Emergencies into pertinent codes of conduct for peacekeeping personnel
and to develop appropriate disciplinary and accountability mechanisms and
welcomes the promulgation of the Secretary-General’s bulletin on special measures for
protection from sexual exploitation and sexual abuse;
11. Requests the agencies, funds and programmes of the United Nations,
with support from contributing countries, to implement HIV/AIDS education and
offer HIV testing and counselling services for all United Nations
peacekeepers, police and humanitarian personnel;
12. Welcomes recent initiatives by regional and subregional
organizations and arrangements for the protection of children affected by armed conflict
and, in this regard, notes the adoption by ECOWAS of a peer review framework on the protection of children and the adoption of “Guidelines on Children and
Armed Conflict” by the European Union and encourages such organizations and arrangements, in cooperation with the United Nations, to pursue their
efforts, through, inter alia:
(a) Mainstreaming the protection of children affected by armed conflict
into their advocacy, policies and programmes, paying special attention to
girls;
(b) Developing peer review and monitoring and reporting mechanisms;
(c) Establishing, within their secretariats, child protection
mechanisms;
(d) Including child protection staff and training in their peace and
field operations;
(e) Undertaking sub- and interregional initiatives to end activities
harmful to children in times of conflict, in particular, cross-border recruitment
and abduction of children, illicit movement of small arms, and illicit trade in natural
resources;
13. Encourages support for the development and strengthening of
capacities of national and regional institutions and local and regional civil
society networks to ensure the sustainability of local initiatives for advocacy, protection
and rehabilitation of children affected by armed conflict;
14. Reiterates its request to the Secretary-General to ensure that in
all his reports on country-specific situations, the protection of children is
included as a specific aspect of the report and expresses its intention to give its
full attention to the information provided therein when dealing with those situations on
its agenda and in this regard stresses the primary responsibility of the United
Nations peacekeeping missions and United Nations country teams, consistent
within their respective mandates, to ensure effective follow-up to this and the other
resolutions;
15. Further requests the Secretary-General to submit a report by 31
October 2004 on the implementation of this resolution and its resolutions 1379
(2001) and 1460 (2003) which would include, inter alia:
(a) Information on compliance and progress made by parties mentioned in his report in situations of armed conflict which are on the agenda of
the Security Council, in accordance with paragraph 5, as well as by parties in other
situations of armed conflict mentioned in his report, in accordance with paragraph 6,
in ending the recruitment or use of children in armed conflict in violation of
applicable international law relating to the rights and protection of children,
bearing in mind all other violations and abuses committed against children affected by armed
conflict;
(b) Information on progress made regarding the action plan requested in paragraph 2 that calls for a systematic and comprehensive monitoring and
reporting mechanism;
(c) The incorporation of best practices for DDR programmes outlined in
his report;
16. Decides to remain actively seized of this matter.
