Resolution 1539
(April 22, 2004)
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 non-international 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 for voluntary
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 time-bound 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.
Sources: The United Nations |