Unanimously adopting resolution 1612 (2005), the Council underlined that
such a mechanism, proposed by the Secretary-General in his report on
Children and armed conflict of 9 February (document S/2005/72), will
collect and provide timely, objective, accurate and reliable information
of 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, and that such a mechanism must
operate with the participation of, and in cooperation with, national
government and relevant United Nations and civil society actors.
The Council also established a Council working group to which the
mechanism will report. That working group will review progress in the
development and implementation of action plans called for in paragraph 5
(a) of Council
resolution 1539 (2004), which called on the parties concerned, as
annexed to the Secretary-General’s report of 10 November 2003 (document
S/2003/1053), to prepare concrete, time-bound action plans to halt the
recruitment and use of children in violation of international
obligations. The Council expressed serious concern regarding the lack of
progress in development and implementation of those action plans.
The Council also reaffirmed its intention to consider imposing, through
country-specific resolutions, targeted and graduated measures, such as a
ban on the export and supply of small arms and light weapons and of
other military equipment, against parties to armed conflicts on the
agenda of the Council and in violation of applicable international law
relating to the rights and protection of children in armed conflict.
Further to the resolution, the Council will continue to include specific
provision for the protection of children in the mandates of United
Nations peacekeeping operations, including the deployment of
child-protection advisers (CPAs). It called upon all parties concerned
to ensure that the protection, rights and well-being of children
affected by armed conflict are specifically integrated into all peace
processes, peace agreements and post-conflict recovery and
reconstruction programmes and to abide by the international obligations
applicable to them relating to the protection of children affected by
armed conflict.
The Council requested the
Secretary-General to continue to implement his zero-tolerance policy on
sexual exploitation and abuse and to ensure full compliance of
peacekeeping personnel with the United Nations code of conduct. It urged
troop-contributing countries to take appropriate action, including
predeployment awareness training, and to take disciplinary and other
action to ensure full accountability in cases of misconduct involving
their personnel.
Also by the text, the Council urged
Member States, United Nations entities, regional and subregional
organizations and other parties concerned to take appropriate measures
to control illicit subregional and cross-border activities harmful to
children, including illicit exploitation of natural resources, the
illicit trade in small arms, and abduction of children and their use and
recruitment as soldiers.
An independent review on
implementation of the mechanism will be provided to the Council by 31
July 2006, including an assessment of the overall effectiveness, as well
as releasing of the information compiled; a measure of how effectively
the mechanism is linked to the work of the Council; information on the
cost implications; and recommendations for full implementation.
The Council requests the Secretary-General to submit a report by
November 2006 on implementation of the resolution.
The
meeting started at 10:20 a.m. and was adjourned at 10:23 a.m.
“The Security Council,
“Reaffirming its resolutions 1261 (1999) of 25 August 1999, 1314
(2000) of 11 August 2000, 1379 (2001) of 20 November 2001, 1460
(2003) of 30 January 2003, and
1539 (2004) of 22 April 2004, which contribute to a
comprehensive framework for addressing the protection of children
affected by armed conflict,
“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,
“Stressing the primary role of national governments in providing
effective protection and relief to all children affected by armed
conflicts,
“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,
“Convinced that the protection of children in armed conflict
should be regarded as an important aspect of any comprehensive
strategy to resolve conflict,
“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,
“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 9
February 2005 (S/2005/72) and stressing that the present resolution
does not seek to make any legal determination as to whether
situations which are referred to 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,
“Gravely concerned by the documented links between the use of
child soldiers in violation of applicable international law and the
illicit trafficking of small arms and light weapons and stressing
the need for all States to take measures to prevent and to put an
end to such trafficking,
“1. Strongly condemns the recruitment and use of child soldiers
by parties to armed conflict in violation of international
obligations applicable to them and all other violations and abuses
committed against children in situations of armed conflict;
“2. Takes note of the action plan presented by the
Secretary-General relating to the establishment of a monitoring and
reporting mechanism on children and armed conflict as called for in
paragraph 2 of its
resolution
1539 (2004) and, in this regard:
(a) underlines that the mechanism is to collect and 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, and the mechanism will
report to the working group to be created in accordance with
paragraph 8 of this resolution;
(b) underlines further that this mechanism must operate with the
participation of and in cooperation with national government and
relevant United Nations and civil society actors, including at the
country-level;
(c) stresses that all actions undertaken by United Nations
entities within the framework of the monitoring and reporting
mechanism must be designed to support and supplement, as
appropriate, the protection and rehabilitation roles of national
governments;
(d) also stresses that any dialogue established under the
framework of the monitoring and reporting mechanism by United
Nations entities with non-state armed groups in order to ensure
protection for and access to children must be conducted in the
context of peace processes where they exist and the cooperation
framework between the United Nations and the concerned government;
“3. Requests the Secretary-General to implement without delay,
the above-mentioned monitoring and reporting mechanism, beginning
with its application, within existing resources, in close
consultation with countries concerned, to parties in situations of
armed conflict listed in the annexes to Secretary-General’s report
(S/2005/72) that are on the agenda of the Security Council, and
then, in close consultation with countries concerned, to apply it to
parties in other situations of armed conflict listed in the annexes
to Secretary-General’s report (S/2005/72), bearing in mind the
discussion of the Security Council and the views expressed by Member
States, in particular during the annual debate on Children and Armed
Conflict, and also taking into account the findings and
recommendations of an independent review on the implementation of
mechanism to be reported to the Security Council by 31 July 2006.
The independent review will include:
(a) an assessment of the overall effectiveness of the mechanism,
as well as the timeliness, accuracy, objectivity and reliability of
the information compiled through the mechanism;
(b) information on how effectively the mechanism is linked to the
work of the Security Council and other organs of the United Nations;
(c) information on the relevance and clarity of the division of
responsibilities;
(d) information on the budgetary and other resource implications
for United Nations actors and voluntary funded organizations
contributing to the mechanism;
(e) recommendations for the full implementation of the mechanism;
“4. Stresses that the implementation of the monitoring and
reporting mechanism by the Secretary-General will be undertaken only
in the context of and for the specific purpose of ensuring the
protection of children affected by armed conflict and shall not
thereby prejudge or imply a decision by the Security Council as to
whether or not to include a situation on its agenda;
“5. Welcomes the initiatives taken by UNICEF and other United
Nations entities to gather information on the recruitment and use of
child soldiers in violation of applicable international law and on
other violations and abuses committed against children in situations
of armed conflict and invites the Secretary-General to take due
account of these initiatives during the initial phase of
implementation of the mechanism referred to in paragraph 3;
“6. Notes that information compiled by this mechanism, for
reporting by the Secretary-General to the General Assembly and the
Security Council, may be considered by other international, regional
and national bodies, within their mandates and the scope of their
work, in order to ensure the protection, rights and well-being of
children affected by armed conflict;
“7. Expresses serious concern regarding the lack of progress in
development and implementation of the action plans called for in
paragraph 5 (a) of its resolution 1539 (2004) and, pursuant to this,
calls on the parties concerned to develop and implement action plans
without further delay, in close collaboration with United Nations
peacekeeping missions and United Nations country teams, consistent
with their respective mandates and within their capabilities; and
requests the Secretary-General to provide criteria to assist in the
development of such action plans;
“8. Decides to establish a working group of the Security Council
consisting of all members of the Council to review the reports of
the mechanism referred to in paragraph 3 of this resolution, to
review progress in the development and implementation of the action
plans mentioned in paragraph 7 of this resolution and to consider
other relevant information presented to it; decides further that the
working group shall:
(a) make recommendations to the Council on possible measures to
promote the protection of children affected by armed conflict,
including through recommendations on appropriate mandates for
peacekeeping missions and recommendations with respect to the
parties to the conflict;
(b) address requests, as appropriate, to other bodies within the
United Nations system for action to support implementation of this
resolution in accordance with their respective mandates;
“9. Recalls paragraph 5 (c) of its resolution 1539 (2004), and
reaffirms its intention to consider imposing, through
country-specific resolutions, targeted and graduated measures, such
as, inter alia, a ban on the export and supply of small arms and
light weapons and of other military equipment and on military
assistance, against parties to situations of armed conflict which
are on the Security Council’s agenda and are in violation of
applicable international law relating to the rights and protection
of children in armed conflict;
“10. Stresses the responsibility of United Nations peacekeeping
missions and United Nations country teams, consistent with their
respective mandates, to ensure effective follow-up to Security
Council resolutions, ensure a coordinated response to CAAC concerns
and to monitor and report to the Secretary-General;
“11. Welcomes the efforts undertaken by United Nations
peacekeeping operations to implement the Secretary-General’s
zero-tolerance policy on sexual exploitation and abuse and to ensure
full compliance of their personnel with the United Nations code of
conduct, requests the Secretary-General to continue to take all
necessary action in this regard and to keep the Security Council
informed, and urges troop-contributing countries to take appropriate
preventive action including predeployment awareness training, and to
take disciplinary action and other action to ensure full
accountability in cases of misconduct involving their personnel;
“12. Decides to continue the inclusion of specific provisions for
the protection of children in the mandates of United Nations
peacekeeping operations, including the deployment, on a case-by-case
basis, 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; welcomes the
comprehensive assessment undertaken on the role and activities of
CPAs with a view to drawing lessons learned and best practices;
“13. Welcomes recent initiatives by regional and subregional
organizations and arrangements for the protection of children
affected by armed conflict, and encourages continued mainstreaming
of child protection into their advocacy, policies and programmes;
development of peer review and monitoring and reporting mechanisms;
establishment, within their secretariats, of child-protection
mechanisms; inclusion of child-protection staff and training in
their peace and field operations; 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 through the development and implementation of guidelines
on children and armed conflict;
“14. Calls upon all parties concerned to ensure that the
protection, rights and well-being of children affected by armed
conflict are specifically integrated into all peace processes, peace
agreements and post-conflict recovery and reconstruction planning
and programmes;
“15. 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 team, 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;
“16. Urges Member States, United Nations entities, regional and
subregional organizations and other parties concerned, to take
appropriate measures to control illicit subregional and cross-border
activities harmful to children, including illicit exploitation of
natural resources, illicit trade in small arms, abduction of
children and their use and recruitment as soldiers as well as other
violations and abuses committed against children in situations of
armed conflict in violation of international applicable law;
“17. Urges all parties concerned, including Member States, United
Nations entities and financial institutions, to support the
development and strengthening of the capacities of national
institutions and local civil society networks for advocacy,
protection and rehabilitation of children affected by armed conflict
to ensure the sustainability of local child-protection initiatives;
“18. Requests that the Secretary-General directs all relevant
United Nations entities to take specific measures, within existing
resources, to ensure systematic mainstreaming of CAAC issues within
their respective institutions, including by ensuring allocation of
adequate financial and human resources towards protection of
war-affected children within all relevant offices and departments
and on the ground as well as to strengthen, within their respective
mandates, their cooperation and coordination when addressing the
protection of children in armed conflict;
“19. 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;
“20. Requests the Secretary-General to submit a report by
November 2006 on the implementation of this resolution and
resolutions 1379 (2001), 1460 (2003), and 1539 (2004) which would
include, inter alia:
(a) Information on compliance by parties in ending the
recruitment or use of children in armed conflict in violation of
applicable international law and other violations being committed
against children affected by armed conflict;
(b) Information on progress made in the implementation of the
monitoring and reporting mechanism mentioned in paragraph (3);
(c) Information on progress made in the development and
implementation of the action plans referred to in paragraph (7) of
the present resolution;
(d) Information on the assessment of the role and activities of
CPAs;
“21. Decides to remain actively seized of this matter.”
