LEGAL FRAMEWORKS FOR CHILD PROTECTION

Get Complete Project Material File(s) Now! »

EFFECTS OF THE WAR ON CHILDREN AND REINTEGRATION

One of the most daunting challenges a country faces in the aftermath of war is the reintegration of those who entered the war as child soldiers and have become youthful war veterans. If their energies are not re-channelled, they would remain a time-bomb ready to explode at the least provocation. Unless children demobilized from armies are given alternatives to soldiering, they are likely to be re-recruited into armed groups. This falls within the broad principle that if the wounds that armed conflicts inflict on children are allowed to scar them for life, they cripple the very generations that must one day rebuild their devastated societies (Pearson 2000:3).
The long years of exposure to war resulted in multiple vulnerabilities of children. Family breakdown, separations and the collapse of infrastructures such as education, lack of economic opportunities for parents and older children have exposed children to serious problems. Child soldiers, or CAAFAG are used in different capacities and widespread abuse of drugs and alcohol are reported. The involvement of children in wars in Liberia is also linked to other conflicts in the region, thereby being a motive for cross-border movement and engagement of children in conflicts. The years children are involved in soldiering affect their future identity, because child soldiers are deprived of the normal cultural and moral values of socialisation gained from families and communities. They have to experience a process of re-socialisation.
Development of trust and allegiance among child soldiers results in lasting social networks and bonds flowing from wartime relationships, which in turn make re-recruitment and return more likely for a long duration. Recruits coerced to participate more often choose to escape or avoid re-recruitment (Özerdem and Podder 2010: 316). This assertion cannot be generalised, since some social networks depended on the dynamics of the post-war period for production, which could enhance social reintegration.
On their part, children often form strong attachments with their commanders and their sense of individual identity may become closely linked with the identity of their fighting groups and so when children demobilize, breaking this attachment can be painful even though the relationship has been abusive (Frempong, 2002: 20). This assumption that the relationship was always abusive will be investigated by the study.
Specht (2006:16) asserts, though the war in Liberia had ended and the girls had stopped fighting, it was unclear how their involvement with armed groups will affect their future lives. They face many challenges and adopt different methods of coping with life as civilians and possibly as mothers or wives. For many, the hardships faced in rebuilding traumatised lives in the context of peace and reconstruction proves just as difficult as the hazards of war.
The consequences of disruption of refugee children, resulting from armed conflict can be extremely serious. When a society‟s guiding and regulating mechanisms are lost, individuals find themselves deprived of their normal social, economic and cultural development. Separation from one or both parents, very often the father in circumstances of flight, can deprive children of an important role model (Bueren, 1998: 455-6). According to Kirsten (2009:3-4) child soldiers often have serious psycho-social problems, which must be addressed if they are to reintegrate successfully into the post-conflict society and contribute positively towards peace and development. If such problems are not dealt with, child ex-combatants may have a destabilizing impact on society even many years after a conflict ends.

In order for reintegration of child soldiers to be successful and effective, it is critical to understand and analyse the different global, continental, regional and national legal and statutory frameworks in place for protection of CAAFAG. The standards to protect children involved in armed conflict are found in International Humanitarian Laws, International Human Rights Laws, International Jurisprudence, UN Security Council resolutions, Regional declarations and National legislations and policies.
Although various regulations of these legislations overlap on child protection issues, only the relevant aspects are applied in this study to serve as basis for creating community structures to facilitate the reintegration process of child soldiers in Liberia.
These aspects confirm the seriousness to prevent recruiting, abducting, selling and trafficking of children into armed forces and how to create necessary community structures to enhance sustainable reintegration.

The International Humanitarian Law

International frameworks for CAAFAG have evolved over time, starting with the Geneva Convention which stretches from 1949 onwards and the related protocol therein. It looks at children caught up in hostilities, advocates for protection of vulnerable groups, including children. It defines a child as younger than 15 years of age. The optional Protocol 1 is more explicit on protection of children. It implores special respect for children and place responsibility to parties involved in the conflict to ensure their special protection. The optional Protocol 2 emphasises care and protection of children, reunification of those separated from their parents and highlights consent of primary care givers in matters of CAAFAG.
The Geneva Convention Relative to the Protection of Civilian Persons in Time of War (1949) states the following relevant articles. This came into force on 21 October 1950.
“Article 14: In time of peace, the high contracting parties and after the outbreak of hostilities, the parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organised as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under seven”.
“Article 17: The parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of the wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas”.
“Article 24: The parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition”.
The Protocol Additional to the Geneva Convention of 12 August 1949 relates to the protection of victims in international armed conflict (Protocol No.1) 1977. This was entered into force on 7 December 1978.
“Article 77:

READ Information model for representing people’s needs at charities

1. Children shall be the object of special respect and shall be protected against any form of indecent assault. The parties to the conflict shall provide them with care and aid they require, whether because of their age or any other reason.
2. The parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and in particular, they shall refrain from recruiting them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years the parties to the conflict shall endeavour to give priority to those who are oldest.
3. The articles goes further to advocate for special protection of children who fall under fifteen but find themselves amidst armed conflict and goes on to state that, death penalty for an offence related to the armed conflict shall not be executed on persons who had not attained the age of eighteen years at the time the offence was committed”.

CHAPTER 1 INTRODUCTION AND ORIENTATION
1.1 INTRODUCTION
1.2 BACKGROUND TO THE RESEARCH PROBLEM
1.3 STATEMENT OF THE RESEARCH PROBLEM
1.4 RESEARCH QUESTIONS AND TENTATIVE HYPOTHESES
1.5 OBJECTIVES OF THE STUDY
1.6 JUSTIFICATION AND SIGNIFICANCE OF THE STUDY
1.7 THE RESEARCH PROCEDURES AND TECHNIQUES
1.8 SCOPE AND LIMITATIONS OF THE STUDY
1.9 CONCEPTUALIZATION OF TERMS
1.10 PRESENTATION OF THE STUDY
1.11 CONCLUSION
CHAPTER 2 THEORETICAL FOUNDATION
2.1 INTRODUCTION
2.2 THEORETICAL FRAMEWORK AND ITS APPLICATION
2.3 CONCLUSION
CHAPTER 3 HISTORICAL BACKGROUND OF THE STUDY AND RELATED LITERATURE
3.1 INTRODUCTION
3.2 POLITICAL CONTEXT
3.3 CAUSES OF RECRUITMENT
3.4 EFFECTS OF THE WAR ON CHILDREN AND REINTEGRATION
3.5 LEGAL FRAMEWORKS FOR CHILD PROTECTION
3.6 OTHER LEGAL PROVISIONS
3.7 REGIONAL LEGISLATIONS
3.8 NATIONAL LEGISLATIONS
3.9 THE SOCIAL REINTEGRATION PROCESS
3.10 DISENGAGING FROM FORMER COMMANDERS
3.11 THE ROLE OF COMMUNITIES
3.12 PSYCHO-SOCIAL SUPPORT AND SPECIAL CARE
3.13 WORKING WITH COMMUNITY STRUCTURES
3.14 ROLE OF NGO‟S IN SOCIAL REINTEGRATION
3.15 CONCLUSIO
CHAPTER 4 RESEARCH METHODOLOGY
4.1 INTRODUCTION
4.2 THE RESEARCH DESIGN
4.3 WHY QUALITATIVE RESEARCH?
4.4 RESEARCH METHODOLOGY
4.5 QUESTIONNAIRES
4.6 FOCUS GROUP DISCUSSIONS
4.7 INTERVIEWS
4.8 VALIDITY AND RELIABILITY OF INSTRUMENTS
4.9 DATA ANALYSIS
4.10 DOCUMENTARY DATA
4.11 CONCLUSION
CHAPTER 5 KEY FINDINGS OF DATA GATHERED