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Children’s Rights in Armed Conflict and Post-conflict Peacebuilding

Credits: Pixabay

 

By Lucy Opoka

 

Introduction

“When two elephants fight, the grass suffers”.

African Proverb

Children in conflict contexts often take the position of the proverbial grass. According to the United Nations (UN), the world is currently facing the highest number of violent conflicts since World War II. The UN estimates that around 2 billion people worldwide are living in conflict affected areas. Save the Children estimates revealed that 468 million children were living in a conflict zone at the end of 2022. Today, this number may be higher given the recent increase in conflict situations. Children are often disproportionately affected by conflict as its adverse experiences impact their growth and development. Displacement and separation from parents leaves children vulnerable to exploitation and abuse during conflict. This contribution aims to highlight the situation of children in armed conflict, outline legal protections for children during conflict and discuss the potential of inclusive post-conflict peacebuilding with children. The situation in South Sudan will be considered as its history of conflict and ongoing peacebuilding process make it an interesting  case study to reflect on children’s role in peacebuilding.

 

Legal Protection for Children in Armed Conflict

In times of conflict international human rights and humanitarian law apply. International Humanitarian Law (IHL) aims to limit the effects of armed conflict, on civilians and offers special protections for children. Children recruited as soldiers, are also entitled to “special protection” under IHL.

The Fourth Geneva Convention (1949) and The Additional Protocols to the Geneva Conventions offer protections for children as civilians including: respect for their right to life, education, protection from violence and prohibition of recruitment and participation in direct hostilities for children below 15.

The UN Convention on the Rights of the Child (UNCRC) reiterates IHL provisions on recruitment and participation in hostilities, its Optional Protocol on the Involvement of Children in Armed Conflict prohibits children’s participation in hostilities and their recruitment by non-state armed groups. The African Children’s Charter prohibits children’s recruitment and participation in armed conflict. Under the Rome Statute, recruitment and participation in hostilities of children below 15 is a war crime.

Evidently, there is a lot of focus on children's protection during conflict. However, little attention is paid to their role in post-conflict peacebuilding. Yet, the UNCRC Committee states that children can make “significant contributions” in post-conflict reconstruction processes. This blog therefore also focuses on children’s role in post-conflict peacebuilding.

 

Impact of Armed Conflict on Children's Rights

Despite existing legal protections, children still face violations during conflict. The UN Security Council outlines six grave violations committed against children in times of war, including: killing and maiming, recruitment into armed groups/forces, attacks on schools and hospitals, physical and sexual violence, abduction and denial of humanitarian assistance. In 2023, the UN recorded a 21% increase in grave violations against children. Modern conflicts are described as “lethal for children” given their  “appalling levels of violence and brutality”. These violations cause physical and psychological risks for children including: permanent injuries, post-traumatic stress disorder, depression, anxiety and trauma. These risks impact children’s growth and development.

 

Situation of Armed Conflict in South Sudan

South Sudan’s history of conflict dates back to The First Sudanese Civil War (1955-1972) and Second Sudanese Civil War (1983-2005), fuelled by religious and cultural tensions between the northern government and southern Sudanese. The Comprehensive Peace Agreement (2005) ended the Second Sudanese Civil War leading to a referendum in which South Sudanese people voted for and gained independence in 2011.

Following independence, politically triggered tribal tensions resulted in the South Sudanese Civil War (2013 – 2018), ended by the Revitalized Agreement on the Resolution of Conflict in South Sudan (R-ARCSS).

Years of conflict in South Sudan have majorly impacted children. The recent conflict saw all six grave violations committed against children. Despite the signing of the R-ARCSS, violence continues in some parts of the country. The insecurity caused by the ongoing violence has worsened the humanitarian crisis. Food insecurity as a result of climate shocks, the economic crisis, conflict and refugee/returnee flows from conflict in Sudan, has resulted in acute malnutrition in children. Violence against humanitarian aid workers prevents aid from reaching children in conflict affected areas. Children displaced by the conflict and separated from their families often end up in street situations where they are vulnerable to violence and exploitation.

 

Children in Peacebuilding

Peacebuilding involves strengthening national capacities for conflict management by developing structures that “promote sustainable peace” and address “the root causes of conflict”. It is defined as action to “solidify peace” and “avoid relapse into conflict”.

Children are often the primary victims of conflict. Yet, they are often excluded from formal peace processes. In South Sudan cultural barriers prevent children’s political participation. The R-ARCSS mainly mentions children in the context of protection and demobilization of child soldiers. Given their experiences in conflict, children can provide significant contributions to peacebuilding processes. Preliminary findings of my empirical research, reveal that children are engaged in peacebuilding on a small-scale in South Sudan. Local NGOs, schools and religious institutions engage children in peacebuilding activities such as peace clubs, peace camps and peace education. Through play, story-telling, art, drama or debates children express their perspectives on the underlying tensions causing conflict in their communities, and how to overcome these tensions without resorting to violence. Beyond South Sudan, in Colombia, Philippines and Cameroon children have been engaged in similar peacebuilding activities.

Engagement in these activities certainly has an impact on children and their communities. For example: children gain practical and leadership skills and are empowered to “act as bridges” improving relations between adults in their communities. Additionally, these activities bring together children from different communities which helps overcome  prejudices and stereotypes that often fuel conflict between their communities. By providing spaces for children to voice their thoughts and views on conflict, these activities support children’s healing by addressing their negative experiences and trauma from conflict. As peacebuilding is a process, the long-term broader political impact of engaging children in peacebuilding remains to be seen. Yet, above examples illustrate the potential of engaging children in the quest for sustainable peace in post-conflict societies.

 

Conclusion

Children suffer the most harm in conflict. South Sudan’s example is one of many a world plagued by conflict. The increased incidences of conflict in the world, warrants forward thinking approaches towards long-term conflict resolution. Inclusive peacebuilding is necessary to be able to address all groups affected by conflict. Through my research, I aim to highlight the importance of inclusive peacebuilding with children and develop relevant guidelines to support their effective participation in post-conflict peacebuilding contexts. As victims in war, children are stakeholders in peace. Engaging children in peacebuilding may help reduce cycles of generational conflict by socialising children into a culture of peace.

 

Bio:

Lucy Opoka, is a PhD Candidate at the Department of Child Law and Health Law, Leiden University. She holds an Advanced LLM in International Children’s Rights from Leiden University and an LLB from the Catholic University of Eastern Africa.

Comments (3) -

  • A very impressive research,I would like to know how  the governmental role is helping this programs and what is there level of awareness, consideration and implementation to the program
    • Hi Julian, many thanks for your comment. These are indeed important questions which I am currently working on answering in my PhD thesis. Nonetheless, I would be happy to discuss this with you over a call or email exchange. It would be great to also hear more of your input and experiences. Smile

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