Participation under Fire: Dilemmas of Reintegrating Child Soldiers Involved in South Sudan's Armed Conflict

The tension inherent in the juxtaposition of children's right to participation and to protection is most starkly manifested in the context of armed conflict. The possibility that children may not only choose to participate in military structures, but actually derive some benefits from such participation must be seriously considered. Failure to adequately address children's own motivations and wishes constitutes a denial of their participation rights. It also poses a threat to disarmament, demobilisation and reintegration (DDR) programmes seeking to facilitate child ex-combatants' transition to civilian life. Inspired by the new paradigm of social studies and the theory of legal pluralism, this article presents the findings of a study of participation rights as they apply to child soldiers. Using the child-focused DDR initiatives currently being implemented in South Sudan as a main case study, the author combines insights derived from an examination of local norms and universal legal standards with field research to elucidate the legal, cultural, moral and practical dilemmas of upholding child soldiers' right to participation. Analysis of these inter-related issues seeks to advance the view in favour of field-based investigations testing the current normative assumptions guiding both child advocacy and DDR policy. Introduction: participation under fire The right to participation as established by the UN Convention on the Rights of the Child (CRC) and other international legal instruments is often regarded as largely aspirational and not yet fully realised (Alderson, 2008). An important dimension of the challenges involved in actualising children's participation rights pertains to the tension inherent in two of the general principles that constitute the cornerstones of the CRC - the best interests principle, established by Article 3, and the right to be heard and taken seriously, primarily associated with Article 12 (CRC, 2009). Efforts to establish measures and policies to protect children from harm and ensure their safety and welfare must be balanced against children's right to have their views and priorities given due weight. The tension inherent in the juxtaposition of children's right to protection and to participation is most starkly manifested in the context of armed conflict. The possibility that children may not only choose to participate in military structures, but actually derive some benefits from such participation, while controversial in child advocacy circles, must be seriously considered. The elimination of child soldiering has been an international cause celebre for over fifteen years. This current concern for the plight of child soldiers was sparked by Graca Machel's (1996) report The Impact of Armed Conflict on Children. Prompted by the findin gs of this report, UN Secretary-General Kofi Annan established the Office of the Special Representative for Children and Armed Conflict in September 1997. The UN and other international organisations have strived to establish and enforce a comprehensive assemblage of international norms, guidelines and frameworks against the military recruitment of children. The tensions evident in the various assumptions and principles undergirding the current normative framework of children's rights