• Editor's note 
• Opinion: Visit By Olara Otunnu To Colombia and their risks 
• Brief Reports and Calendar

May 1999

In 1993, Graça Machel (former education minister and First Lady of Mozambique) was commissioned to produce a global study on the impact of armed conflict on children. She undertook a series of regional consultations and in 1996, visited Colombia. This visit represented the regional consultation for Latin America and the Caribbean. A seminar hosted by UNICEF, Save the Children, the Defensoría del Pueblo amongst others brought together delegates from various countries in the region affected by conflict, in post-conflict situations or facing economic embargoes. Following the seminar, Graça Machel and her team visited Urabá to meet face-to-face with children displaced by armed conflict in Colombia.

Her final report to the United Nations drew heavily on such experiences and made the specific recommendation that a Special Representative of the Secretary General for children in armed conflict should be appointed. Olara Otunnu was appointed to this post in 1997. Born in 1950 in Uganda, he was a student leader in the struggle against the dictator Idi Amin, was Foreign Minister during peace negotiations in 1985 and has held a series of senior diplomatic positions in the United Nations. He has been steadfast in his defence of human rights and, in particular, of the interests of children.

Mr Otunnu and his team undertook an eight-day mission to Colombia at the end of May which aimed to highlight the impact of the armed conflict on children, to identify concrete measures to ensure greater protection for children affected by the conflict, to promote respect for humanitarian principles and to ensure that children are placed prominently on the peace agenda.

The conflict affects children in many ways. It is estimated that about 6000 children (under the age of 18) are linked with armed groups, including children as young as 13 years. As well as working as combatants in armed groups, children are also involved as spies, sources of intelligence, messengers, human shields, all roles that place such children at enormous risk. Of the population of displaced persons, children make up about 65%, that is about 975,000 children have been displaced by conflict since 1985. Since 1995, it is estimated that no fewer than 542,000 children have been displaced. Children are also particularly vulnerable to injury and death caused by anti-personnel mines. 44 children were killed or injured by mines between 1995-96. No fewer than 53 municipalities are known to have mine fields in their territories.

During the visit, Mr Otunnu had the opportunity to meet with President Pastrana and other government representatives including Victor G. Ricardo, General Tapias and other senior officers in the armed forces, spokespersons of the FARC, representatives of the church, the UN system, the business community, international NGOs and representatives of civil society. A particular request from Save the Children was that he should also ensure time to meet and talk to children affected by the conflict and meetings were arranged with groups of children in Soacha(Outside Bogotá) and in Quibdo.

Key issues such as the protection of the civilian population, the observance of humanitarian principles and norms, and respect of the work of humanitarian workers were raised. Mr Otunnu also strongly condemned kidnapping and hostage-taking as instruments of the conflict, declaring that "Kidnapping is entirely unacceptable to the international community. It traumatises families, terrorizes communities, stigmatises the abductors and hurts their causes". He called on all armed groups to release all hostages held. In his discussions with the government, the issue of the enlistment of young persons under the age of 18 in the armed forces was raised. The government announced a new policy not to enlist people under the age of 18 and promised to initiate the process required to bring about the relevant legislative change. In his discussion with the FARC leadership, a pledge was made not to recruit children under the age of 15. The government also pledged to make progress towards ratification of the Ottawa Mine Ban Treaty and Mr Otunnu called on all groups to refrain from using anti-personnel mines.

Mr Otunnu also urged the government to address the needs of displaced peoples, especially with respect to health, education, sanitation, water, registration and economic opportunities. He was also concerned about their physical protection and the need to secure safe conditions for their return or resettlement.

The visit succeeded in increasing the profile of children as stakeholders in the peace process and a broad coalition was launched to support and address the needs of war-affected children in Colombia. Save the Children actively supports this coalition.

The visit was a timely and opportune follow-up to the Graça Machel study, ensuring the interests and rights of children are given a high profile in the agenda. Like Graça Machel, Olara Otunnu had the opportunity to see for himself the reality faced by children affected by the conflict, ask them about their experiences, share their concerns and listen to their opinions. Such personal testimonies not only provided vivid records of the impact of conflict in Colombia, but were also a manifestation of the rights of these children to participate actively in the Otunnu mission.
 

Two aspects must be kept in mind: firstly, that the Armed Forces officially recruit minors for regular troops and the United Nations Convention on the Rights of the Child, and secondly, the fact that regular and irregular troops recruit minors considered in the light of international humanitarian law in Colombia (Protocols I and II of 1997).

1. In Law 12 of 1991, Colombia approved the Convention on the Rights of the Child. Article 38 of this convention sets 15 as the minimum age to participate in armed conflicts. More desirable, and this is the goal sought by international protection agencies such as the International Committee of the Red Cross (ICRC), would be to increase the minimum recruiting age from 15 to 18. The logic for this argument is set out in the International Review of the Red Cross, No. 145 (March 1998).

When it ratified the 1991 convention, Colombia introduced a clause in which it defined the age for participating in armed conflicts as 18 and not 15 as stated by article 38. In June 1996 the government at that time overturned the clause. Some say that the clause was not truly struck down since United Nations procedures were not followed. This could invalidate the decrees and laws that have been passed since June 1996 that affect minors, including the decrees that refer to the provision of military service.Also, in the Citizen's Mandate for Peace 10 million people voted to exclude minors from the conflict, among other issues.

Law 418 of 1998, articles 13 and 14, regulates an option so that minors may complete their studies and postpone military service until they are of the age of majority (18). If minors choose to enter military service they must have their parents' consent and they shall serve in areas not involved in the conflict. Before this law, high school graduates between 16 and 18 did not have this option available to them and when they finished their studies they served as military auxiliaries, carrying out administrative duties or involved in social projects (Law 43 of 1993).

It is hoped that, as a result of the commitments that this government made with Mr. Otunnu, the 18 year-old minimum age limit will be reinstated without exception.

2. The other aspect, which refers to the internal conflict, is the minimum age for participating in non-international armed conflicts in view of IHL. The minimum age limit is 15, as established by the 1977 Protocol II of the 1949 Geneva Convention (Protocol II, section C, paragraph 3, article 4) on the Protection of the Victims of Non-international Armed Conflicts. This protocol came into effect in Colombia in 1999 and is applicable to all regular and irregular groups of combatants. But as we mentioned above, it is very possible that the minimum age may be raised to 18 in the case of regular forces whereas the irregular troops will maintain the minimum age limit of 15 in accordance with IHL.