Soldier Protection
An Optional Protocol to the UN Convention on the Rights of the Child was finally agreed at a UN meeting in January, banning all forced recruitment and all participation in
hostilities of children under 18 and requiring governments to provide rehabilitation and social reintegration for former child soldiers. Governments are also required to criminalise the
recruitment of under 18 year olds into non-government forces, such as rebel groups.
This is a welcome improvement on the minimum required under the Convention on the Rights of the Child which gives 15 years as the minimum age for participation and
recruitment.
However the question of the minimum age for voluntary recruitment into government armed forces was left unresolved, and this new Protocol simply requires State Parties to set themselves a binding minimum above 15. This unsatisfactory outcome frustrated the vast majority of countries who wanted 18 years to be the minimum in all respects (the “straight 18” position) and disappointed the many non-government organisations which had campaigned hard for a clear universal standard based on 18.
Olara Otunnu, UN Special Rapporteur on Children in Armed Conflict, praised the efforts of the International Coalition to Stop the Use of Child Soldiers, which had
significantly moved world opinion, and continued to influence the final outcome even in the last day of debate. Many countries echoed this appreciation of NGO action.
The Australian Government, disappointingly, followed the USA position on most aspects, including failing to argue even for its own position, which is voluntary recruitment
(with parental permission) at 17 years. However it has undertaken to allocate funds for the demobilisation of child soldiers and has asked the Australian Coalition for suggestions of projects.
Another anomoly, specifically to humour the USA, was the decision that States which are not State Parties to CROC (and this only applies to the USA and Somalia) may sign and
ratify this Optional Protocol. While this pragmatic compromise may ensure that the USA plays an active role in global efforts to keep children out of hostilities, it is feared that it will
weaken the overarching status of CROC, and allow the USA to remain uncommitted to the other provisions of CROC.
Helen Bayes
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