VZCZCXYZ0000
OO RUEHWEB

DE RUEHC #0742 2152140
ZNR UUUUU ZZH
O 032122Z AUG 09
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0000
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE

UNCLAS STATE 080742 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC GG PHUM PREL
SUBJECT: CHILDREN AND ARMED CONFLICT: VOTING GUIDANCE ON 
SECURITY COUNCIL RESOLUTION 
 
 ¶1. (U) This is an action request:  The Department requests 
USUN to co-sponsor and vote in favor of the UN Security 
Council resolution in paragraph 2 regarding Children and 
Armed Conflict and scheduled for Council adoption on August 
4, 2009.  Post should seek additional guidance from the 
Department if there are any additional substantive changes to 
the resolution text. 
 
¶2. (U) Begin text: 
 
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, 
 
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 to also 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, 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 on 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. Whilst 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 time-bound 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; 
 
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 UN country-level task 
forces on monitoring and reporting and UN 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 disarmarment, demobilisation 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 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 Commision 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 planning, programmes and 
strategies prioritise 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 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. 
 
End text. 
CLINTON