Legal Human Rights

Child Recruitment Across the world tens of thousands of boys and girls are denied their basic human rights, these children are abducted from their homes, schools or on the streets. Child recruitment Is defined by the Paris Principles and Guidelines on Children Associated with Armed Forces or Armed Groups as ” the use of any children under the age of 18 who has been recruited by a state or non-state armed group to be used to participate in combat or in other circumstances used as spies, messengers, servants, human shields, suicide bombings or to lay landmines”.

Many of the girls that have been abducted for recruitment are subjected to sexual assault and they are all at risk of death. Child recruitment takes place in over 18 different countries and it has become a global issue with many countries beginning to take widespread action. When evaluating the effectiveness of legal and non legal measures in addressing child recruitment both domestically and internationally It becomes clear that International recognition and enforceability is limited whilst In Australia there are many mechanisms to ensure the problem Is contained.

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Internationally Child Recruitment remains a large problem. Whilst it is recognized as a problem a lack of enforceability means that organizations such as EUNICE ( The United Nations Children Fund) have little or no power in countries that accept the recruitment of children to be used for work or the army. This problem is largely due to state sovereignty,lit allows every country to have independence and freedom on how they will run their country without any international interference.

Although there is no law that affects all countries over the world, government organizations such as EUNICE are able to put pressure on countries that are recruiting children, Statistics found by the International child soldiers organization show that In 2002, It has been estimated that over 2 million children have been killed In armed conflicts; another 6 million have been permanently disabled; and more than 250,000 children continue to be taken advantage of as child soldiers. In 1989 EUNICE (The united Nations Children Fund) created a international convention on the rights of the children (CROP ).

The convention was created by the UN as they believed that hillier need special care and protection. This convection incorporates the full range of human rights civil, cultural, economic, political and social rights. Over 192 countries have signed the convention including Australia, LISA, I-J, Chile, Italy and South Korea, this means that under no circumstances are these countries able to have the recruitment of children, and that only people who are 18 are able to go Into combat. If found breaching the laws set out In the treaty then a representative of that country will appear In International court of Justice as a defendant.

While the EUNICE Is able to name and shame certain While there has been great support from countries all around the world the lack of power and enforceability by EUNICE can result in this mechanism being ineffective in helping and protecting the millions of who have not signed and adapted the convention of the child. The convention is voluntary it can not be enforced without the co operation of the problem country, without the power make the law compulsory throughout the entire world there is no power able to protect the still mistreated children.

The international court was established in 1995 and is an independent international organization, and is not part of the United Nations system. Its situated in The Hogue in the Netherlands. The court was established to allow Justice to the individuals and communities affected by genocide, war crimes and crimes against their human right. No only does the court convict warlords of their crimes it also became the first treaty based international court, this means that throughout the 120 countries that have signed and ratified the treaty they have adopted the mechanisms and rule of procedure set out by the ICC.

On the 17th of March 2006 Thomas Cuban Idyll was he first person to be arrested on charges of illegal recruitment of children by the ICC. He was the alleged founder of the Union of Congolese Patrols ( PUC) a rebel group in Tier in the north-eastern democratic republic of Congo. Thomas Cuban Idyll was involved and found guilty in numerous human rights violations, including the abduction of thousands of children and the use of children as soldiers.

Thomas Cuban Idyll was sentenced to 15 years in February 2009 His arrest was a landmark for international Justice for the victims and their families of the PUC rebel group. Although he was convicted of his crimes and sentenced to 15 years Jail time, still the recruitment and use of children in armed conflict by foreign and Congolese armed groups continue, although Thomas Idyll was a large contributor to the use of child soldiers, he was still a small part in an even larger problem, groups such as the PUC rebel group are able to recruit another leader hence continue the use of the child soldiers.

Although the ICC was effective in bring Justice to the many families and children that where under Thomas Dildos control, there are still many cases where he ICC have been unsuccessful in prosecuting convicted rebel leaders. In May 2012 the ICC Judges unanimously found the request for an arrest warrant for Sylvester Muhammad a rebel leader in the Democratic Republic of the Congo lacked clarity and specificity. Sylvester Muhammad is the military leader of the FDA, a rebel group that has been involved in vicious and widespread attacks against UN peacekeepers and the deliberate killings of civilians.

Although they where unable compile enough evidence and to prosecute Sylvester Furthermore the ICC is arguably ineffective as it has been prevented from delivering Justice in a number of cases of child recruitment due to the government failing to arrest and surrender suspects. There is a number of non government organizations that are internationally attempting to battle the continuous issue of child recruitment. One of the most successful organization in raising awareness and support for former child soldiers is the Child Soldiers organization.

Child Soldiers International is a private not for profit organization that was established in 1998 by a coalition of leading human rights and Unitarian organization . The organizations main goal is to advocate the end all by state armed forces and non-state armed groups, as well as other human rights abuses resulting from their recruitment and use. In support of this goal they have a three-year (2011 – 2014) strategic objective; End the recruitment of children, promote human right standards, strengthen accountability for individuals responsible for the treatment of the recruited children.

One of there many target countries goal is Manner, currently the government is recruiting under age boys into the national army ( Adamant Key ) and deployed to areas where armed forces have been fighting armed opposition groups, they have also been used in numerous rebel groups in the area. The Child Soldier organization hopes to ” Identify legal, policy and practical measures needed to end child recruitment and use by Adamant Key, and to advocate for full and effective implementation of the action plan. This action plan was seen out and on the 18th of February all children that where used in the national army had been released. This was the result of the Nun’s hard work and the signing f an action plan by the Government of Manner, that sets a timetable and measurable activities for the release and reintegration of children associated with Government armed forces, as well as the prevention of further recruitment.

Arguably the Child Soldiers International can have a large effect in raising much needed donations and support for the continuing battle of child soldiers, while they are unable to make laws and arrest suspects they are able to advocate and make a change. Domestically Australia effectively deals with child recruitment. Various pieces of isolation mean that the issue is relatively well contained. The reason for that is that Australia has adopted and enforced laws and conventions that stop the enlistment of child soldiers into armies.

Such as the convention on the rights of the child (1989) and the International Human Rights Law, which under this is the Optional Protocol to the Convention on Rights of the Child on the involvement of Children in armed conflict (OPAC), the protocol raises the age for participation in hostilities from 15 to 18 years and raises the age for voluntary recruitment into national armed forces from 1 5 o a minimum of 16 years. The minimum age for recruitment into the Australian Defense Force is 17 years..

As these laws have been integrated into the Australia Law, there has been no issues in regards to the enforcing of these laws, thus has made them effective in controlling the use of children in armed conflict and enlistment. While Australia has been successful in controlling the issue of child soldiers, many other countries around the world haven’t been as successful, this may be due to In the support of other countries an Australian run organization World Vision Australia as build 2 shelters in Uganda in East Africa for children who have been rescued from the armed forces in the surrounding rebel and government armies.

These children are now able to have a home, food, blankets, education, support and protection. Although they have been able to set up 2 shelters it isn’t enough for the thousands of other children in the east of Africa to still to be rescued and given protection and a home. To able to build more shelters they need the support and projects. Domestically Australian laws can be seen effective in controlling the use of children in armed forces in Australia