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INTERNATIONAL COMMUNITY WELCOMES THE AGREEMENT TO RAISE THE MINIMUM AGE
FOR PARTICIPATION IN CONFLICT TO 18 YEARS
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HUMAN RIGHTS WATCH
(Geneva,
January 22, 2000) -- Human Rights Watch today hailed a landmark new
accord banning the use of child combatants. After six years of
negotiations, governments agreed today in Geneva on a treaty
establishing eighteen as the minimum age for participation in armed
conflicts.
In a major
policy shift, the United States agreed for the first time to end the deployment of minors into
combat. During previous negotiations, the US had vigorously opposed
the eighteen year age minimum.
"This treaty
could really make a difference to hundreds of thousands of children
around the world," said Jo Becker, Children's Rights Advocacy
Director for Human Rights Watch. "For the first time, governments
have agreed that the use of children in war is simply unacceptable."
The
organization also noted that the accord marks the first time the
United States has ever agreed to change its practices in order to
support a human rights standard. In other cases, notably the
Landmine Ban Treaty, the International Covenant on Civil and
Political Rights, and other human rights treaties, the US has either
refused to ratify, or has entered reservations to exempt the US from
any requirements that exceed US law.
The US armed
forces currently accept seventeen-year-old volunteers with parental
permission. In recent years, it has deployed 17-year-old troops to
conflicts in Somalia, Bosnia and the Gulf war. However, there are
fewer than 3,000 seventeen-year-olds serving among the 1.2 million
US active duty force.
By
establishing eighteen as the minimum age for participation in armed
conflict, the new treaty corrects an anomaly in international law
regarding children's rights. Although the Convention on the Rights
of the Child firmly establishes eighteen as the dividing line
between childhood and adulthood, existing standards have allowed
children to be legally recruited and sent into combat at age
fifteen.
Human Rights
Watch also noted that the eighteen-year minimum offers greater
protection to younger children currently recruited by armed groups,
particularly in areas where birth or age documentation is not
readily available, and younger children are frequently deemed
eligible for military service based on appearance alone.
The accord
takes the form of an optional protocol to the Convention on the
Rights of the Child. The Convention has been ratified by every
country except the United States and the collapsed state of Somalia.
However, a special agreement was reached to insert language allowing
any country to ratify the protocol, regardless of whether it has
ratified the Convention itself.
Many
concessions were made to accommodate the United States," said
Becker. "The US should now move quickly to ratify and implement the
agreement." The organization also urged ratification of the
underlying Convention on the Rights of the Child.
In addition to
banning children under the age of eighteen from direct participation
in armed conflict, the protocol sets eighteen as the minimum age for
compulsory recruitment and prohibits rebel and other
non-governmental armed groups from recruiting children under the age
of eighteen or using them in hostilities. It also requires states to
cooperate in the demobilization of child soldiers, and to assist in
their rehabilitation and reintegration.
Human Rights
Watch stated that the primary weakness of the protocol was its
failure to establish eighteen as the minimum age for voluntary
recruitment. Although recognizing that children under age eighteen
are entitled to special protections, the text allows states to
recruit volunteers as young as sixteen. Based on research in
conflict areas, the organization has concluded that the most
effective way of preventing the use of children in armed conflicts
is to ensure that they are not recruited.
An estimated
300,000 children under the age of eighteen are currently
participating in armed conflicts around the world. Human Rights
Watch has investigated the use of children as soldiers in countries
such as Uganda, Sudan, Sierra Leone, Colombia, Angola, Liberia and
Lebanon. It has documented the use of children on the front lines of
combat, as well as their use as porters, spies, guides, and in the
case of many girls, as sexual slaves to military commanders.
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