Security Council resolution 1882 (2009) [on children and armed conflict]
Symbol: S/RES/1882(2009)
Date: 2009-08-04
Status: adopted
Agenda: S/64 [187] CHILDREN IN ARMED CONFLICTS
Subjects: UN. Special Representative of the Secretary-General for Children and Armed Conflict|UN. Security Council. Working Group on Children and Armed Conflict|UN. Department of Peacekeeping Operations|UNICEF|UN. Peacebuilding Commission|CHILDREN IN ARMED CONFLICTS|HUMAN RIGHTS IN ARMED CONFLICTS|RIGHTS OF THE CHILD|CHILD SOLDIERS|CHILD WELFARE|INTERNATIONAL LAW|PROGRAMMES OF ACTION|HOMICIDE|RAPE|GENDER-BASED VIOLENCE|CHILDREN|CHILD ABUSE|HUMAN RIGHTS VIOLATIONS|INFORMATION EXCHANGE|CAPACITY BUILDING|TASK FORCES|FIELD OFFICES|DISARMAMENT|MILITARY DEMOBILIZATION|REINTEGRATION|CHILD WELFARE|FINANCING|ADMINISTRATION OF JUSTICE|CRIMES AGAINST HUMANITY|HUMAN RIGHTS MONITORING|REPORTING PROCEDURES
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AUSTRIA
vote: yes
country: BURKINA FASO
vote: yes
country: CHINA
vote: yes
country: COSTA RICA
vote: yes
country: CROATIA
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: LIBYAN ARAB JAMAHIRIYA
vote: yes
country: MEXICO
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: TURKEY
vote: yes
country: UGANDA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VIET NAM
vote: yes

               United Nations                                                                    S/RES/1882 (2009)
               Security Council                                                Distr.: General
                                                                               4 August 2009




               Resolution 1882 (2009)
               Adopted by the Security Council at its 6176th meeting, on
               4 August 2009

                    The Security Council,
                    Reaffirming its resolutions 1261 (1999) of 25 August 1999, 1314 (2000) of
               11 August 2000, 1379 (2001) of 20 November 2001, 1460 (2003) of 30 January
               2003, 1539 (2004) of 22 April 2004, and 1612 (2005) of 26 July 2005, and the
               Statements of its President on 24 July 2006 (S/PRST/2006/33), 28 November 2006
               (S/PRST/2006/48), 12 February 2008 (S/PRST/2008/6), 17 July 2008
               (S/PRST/2008/28) and 29 April 2009 (S/PRST/2009/9), which contribute to a
               comprehensive framework for addressing the protection of children affected by
               armed conflict,
                     Acknowledging that the implementation of its resolution 1612 (2005) has
               generated progress, resulting in the release and reintegration of children into their
               families and communities and in a more systematic dialogue between the United
               Nations country-level task forces and parties to the armed conflict on the
               implementation of time-bound action plans, while remaining deeply concerned over
               the lack of progress on the ground in some situations of concern, 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,
                     Stressing the primary role of national Governments in providing protection and
               relief to all children affected by armed conflicts,
                    Reiterating that all actions undertaken by United Nations entities within the
               framework of the monitoring and reporting mechanism must be designed to support
               and supplement, as appropriate, the protection and rehabilitation roles of national
               Governments,
                    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,
                    Welcoming the fact that several individuals who are alleged to have committed
               crimes against children in situations of armed conflict have been brought to justice
               by national justice systems and international justice mechanisms and mixed criminal
               courts and tribunals,



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                    Convinced that the protection of children in armed conflict should be an
               important aspect of any comprehensive strategy to resolve conflict,
                     Calling on all parties to armed conflicts to comply strictly with the obligations
               applicable to them under international law for the protection of children in armed
               conflict, including those contained in the Convention on the Rights of the Child and
               its Optional Protocol on the involvement of Children in Armed Conflict, as well as
               the Geneva Conventions of 12th August 1949 and their Additional Protocols of
               1977,
                    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,
                     Stressing its determination to ensure respect for its resolutions and other
               international obligations and applicable norms on the protection of children affected
               by armed conflict,
                     Having considered the report of the Secretary-General of 26 March 2009
               (S/2009/158) and stressing that the present resolution does not seek to make any
               legal determination as to whether situations which are referred to 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,
                     Deeply concerned that children continue to account for a considerable number
               of casualties resulting from killing and maiming in armed conflicts including as a
               result of deliberate targeting, indiscriminate and excessive use of force,
               indiscriminate use of landmines, cluster munitions and other weapons and use of
               children as human shields and equally deeply concerned about the high incidence
               and appalling levels of brutality of rape and other forms of sexual violence
               committed against children, in the context of and associated with armed conflict
               including the use or commissioning of rape and other forms of sexual violence in
               some situations as a tactic of war,
                     1.   Strongly condemns all violations of applicable international law
               involving the recruitment and use of children by parties to armed conflict as well as
               their re-recruitment, killing and maiming, rape and other sexual violence,
               abductions, attacks against schools or hospitals and denial of humanitarian access by
               parties to armed conflict and all other violations of international law committed
               against children in situations of armed conflict;
                    2.   Reaffirms that the monitoring and reporting mechanism will continue to
               be implemented in situations listed in the annexes to the reports of the Secretary-General on children and armed conflict in line with the principles set out in
               paragraph 2 of its resolution 1612 (2005) and that its establishment and
               implementation shall not prejudge or imply a decision by the Security Council as to
               whether or not to include a situation on its agenda;
                    3.    Recalls paragraph 16 of its resolution 1379 (2001) and requests the
               Secretary-General also to include in the annexes to his reports on children and
               armed conflict those parties to armed conflict that engage, in contravention of
               applicable international law, in patterns of killing and maiming of children and/or
               rape and other sexual violence against children, in situations of armed conflict,



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           bearing in mind all other violations and abuses against children, and notes that the
           present paragraph will apply to situations in accordance with the conditions set out
           in paragraph 16 of its resolution 1379 (2001);
                 4.   Invites the Secretary-General through his Special Representative for
           Children and Armed Conflict to exchange appropriate information and maintain
           interaction from the earliest opportunity with the governments concerned regarding
           violations and abuses committed against children by parties which may be included
           in the annexes to his periodic report;
                 5.   While noting that some parties to armed conflict have responded to its
           call upon them to prepare and implement concrete time-bound action plans to halt
           recruitment and use of children in violation of applicable international law;
                 (a) Reiterates its call on parties to armed conflict listed in the annexes of the
           Secretary-General’s report on children and armed conflict that have not already
           done so to prepare and implement, without further delay, action plans to halt
           recruitment and use of children in violation of applicable international law;
                 (b) Calls upon those parties listed in the annexes of the Secretary-General’s
           report on children and armed conflict that commit, in contravention of applicable
           international law, killing and maiming of children and/or rape and other sexual
           violence against children, in situations of armed conflict, to prepare concrete timebound action plans to halt those violations and abuses;
                (c) Further calls upon all parties listed in the annexes to the Secretary-General’s report on children and armed conflict to address all other violations and
           abuses committed against children and undertake specific commitments and
           measures in this regard;
                (d) Urges those parties listed in the annexes of the Secretary-General’s report
           on children and armed conflict to implement the provisions contained in this
           paragraph in close cooperation with the Special Representative of the Secretary-General for Children and Armed Conflict and the United Nations country-level task
           forces on monitoring and reporting;
                 6.    In this context, encourages Member States to devise ways, in close
           consultations with the United Nations country-level task force on monitoring and
           reporting and United Nations country teams, to facilitate the development and
           implementation of time-bound action plans, and the review and monitoring by the
           United Nations country-level task force of obligations and commitments relating to
           the protection of children in armed conflict;
                 7.   Reiterates its determination to ensure respect for its resolutions on
           children and armed conflict, and in this regard:
                (a) Welcomes the sustained activity and recommendations of its Working
           Group on Children and Armed Conflict as called for in paragraph 8 of its resolution
           1612 (2005), and invites it to continue reporting regularly to the Security Council;
                 (b) Requests enhanced communication between the Working Group and
           relevant Security Council Sanctions Committees, including through the exchange of
           pertinent information on violations and abuses committed against children in armed
           conflict;




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                     (c) Reaffirms its intention to take action against persistent perpetrators in
               line with paragraph 9 of its resolution 1612 (2005);
                    8.    Stresses the responsibility of the United Nations country-level task forces
               on monitoring and reporting and United Nations country teams, consistent with their
               respective mandates, to ensure effective follow-up to Security Council resolutions
               on children and armed conflict, to monitor and report progress to the Secretary-General in close cooperation with his Special Representative for Children and
               Armed Conflict and ensure a coordinated response to issues related to children and
               armed conflict;
                    9.   Requests the Secretary-General to include more systematically in his
               reports on children and armed conflict specific information regarding the
               implementation of the Working Group recommendations;
                     10. Reiterates its request to the Secretary-General to ensure that, in all his
               reports on country-specific situations, the matter of children and armed conflict is
               included as a specific aspect of the report, and expresses its intention to give its full
               attention to the information provided therein, including the implementation of
               relevant Security Council resolutions and of the recommendations of its Working
               Group on Children and Armed Conflict, when dealing with those situations on its
               agenda;
                     11. Welcomes the efforts of the Department of Peacekeeping Operations in
               mainstreaming child protection into peacekeeping missions, in line with that
               Department’s recently adopted Child Protection Policy directive, and encourages the
               deployment of Child Protection Advisers to peacekeeping operations, as well as into
               relevant peacebuilding and political missions, and decides to continue the inclusion
               of specific provisions for the protection of children in such mandates;
                     12. Requests Member States, United Nations peacekeeping, peacebuilding
               and political missions and United Nations country teams, within their respective
               mandates and in close cooperation with governments of the concerned countries, to
               establish appropriate strategies and coordination mechanisms for information
               exchange and cooperation on child protection concerns, in particular cross-border
               issues, bearing in mind relevant conclusions by the Security Council Working Group
               on Children and Armed Conflict and paragraph 2 (d) of its resolution 1612 (2005);
                    13. Stresses that effective disarmament, demobilization and reintegration
               programmes for children, building on best practices identified by UNICEF and other
               relevant child protection actors, are crucial for the well-being of all children who, in
               contravention of applicable international law, have been recruited or used by armed
               forces and groups, and are a critical factor for durable peace and security, and urges
               national Governments and donors to ensure that these community-based
               programmes receive timely, sustained and adequate resources and funding;
                     14. Also stresses the importance of timely, sustained and adequate resources
               and funding for effective welfare programmes for all children affected by armed
               conflict;
                     15. Calls upon Member States, United Nations entities, including the
               Peacebuilding Commission and other parties concerned to ensure that the protection,
               rights, well-being and empowerment of children affected by armed conflict are
               integrated into all peace processes and that post-conflict recovery and reconstruction



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           planning, programmes and strategies prioritize issues concerning children affected
           by armed conflict;
                 16. Calls upon concerned Member States to take decisive and immediate
           action against persistent perpetrators of violations and abuses committed against
           children in situations of armed conflict, and further calls upon them to bring to
           justice those responsible for such violations that are prohibited under applicable
           international law, including with regard to recruitment and use of children, killing
           and maiming and rape and other sexual violence, through national justice systems,
           and where applicable, international justice mechanisms and mixed criminal courts
           and tribunals, with a view to ending impunity for those committing crimes against
           children;
                 17. Requests the Secretary-General to continue to take the necessary
           measures including, where applicable, to bring the monitoring and reporting
           mechanism to its full capacity, to allow for prompt advocacy and effective response
           to all violations and abuses committed against children and to ensure that
           information collected and communicated by the mechanism is accurate, objective,
           reliable and verifiable;
                18. Requests the Secretary-General to provide administrative and substantive
           support for the Security Council Working Group on Children and Armed Conflict
           taking into consideration its current workload and the need to strengthen its
           capacities and institutional memory;
                 19. Requests the Secretary-General to submit a report by May 2010 on the
           implementation of its resolutions and presidential statements on children and armed
           conflict, including the present resolution, which would include, inter alia:
                 (a) Annexed lists of parties in situations of armed conflict on the agenda of
           the Security Council or in other situations of concern, in accordance with paragraph 3
           of the present resolution;
                (b) Information on measures undertaken by parties listed in the annexes to
           end all violations and abuses committed against children in armed conflict;
                (c) Information of progress made in the implementation of the monitoring
           and reporting mechanism established in its resolution 1612 (2005);
                 (d) Information on the criteria and procedures used for listing and de-listing
           parties to armed conflict in the annexes to his periodic reports, bearing in mind the
           views expressed by all the members of the Working Group during informal briefings
           to be held before the end of 2009;
                20.   Decides to remain actively seized of this matter.




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