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.
