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.”
