MODEL LAW
ON CHILDREN
AFFECTED BY
ARMED CONFLICT
IN AFRICA
An organ of the
, MODEL LAW ON CHILDREN AFFECTED BY
ARMED CONFLICT IN AFRICA
BACKGROUND
Armed conflict has a number of adverse effects on people and communities. However,
in the case of children, the adverse effects of armed conflict are more severe and long-
lasting. While the issue of armed conflict is serious, communities regrettably do not
have access to the type of protection and assistance they need. Furthermore, children,
in particular, suffer the consequences of armed conflict and do not have access to the
special assistance they may need during the time of armed conflict as well as after.
Armed conflict has a psychological impact on children; in addition to this, children also lose
their lives, are maimed, sexually abused, abducted, trafficked as well as displaced from
their families and communities. Thus, children’s civil and political and socio-economic
rights are affected by armed conflict. Moreover, the aftermath of armed conflict also
affects the children and their rights. Thus, children need to be assisted with a number
of interventions to ensure that their rights do not continue to be violated. For example,
children need assistance with tracing their families, social reintegration, different forms of
rehabilitation, and trauma counselling. However, in the current status quo, these needs of
children are often trivialised and one of the reasons for this is that there is rarely a legal
framework which enumerates the obligations of different state stakeholders.
While some countries have promulgated some progressive legislation in order to deal with
the issue of armed conflict and its consequences, the issue of grave child rights violations
still persists. Thus, especially because children’s rights invoke urgency in implementation
in order to avoid violations which continue into adulthood, there remains a need to ensure
that efforts are doubled to protect children during and after periods of armed conflicts.
In light of the issues mentioned above, the Peace and Security Council (PSC) in
collaboration with the African Committee of Experts on the Rights and Welfare of the
Child (ACERWC) held an open session on 8 May 2014. The aim of the open session was
to unpack the issue of children affected by armed conflict on the continent. At the end of
the open session, it was clear that there had been some notable efforts made to ensure
the protection of children affected by armed conflict. However, it was also noted that there
is a lot yet to be done- with the implementation of existing laws being identified as one
of the areas which needs to be worked on. Thus, it is in light of this that the ACERWC is
1
, MODEL LAW ON CHILDREN AFFECTED BY ARMED CONFLICT IN AFRICA
drafting this Model Law on Children in Conflict Situations in Africa.
The model law will serve as a yardstick for dealing with children in situations of conflict on
the continent. It also will be an advocacy tool for legislators to have such a law in member
states. Further, it will provide best practice language, and will be impeccable for ease of
adoption or adaption by member states in their laws dealing with the children affected
by armed conflict. Because of its supposed dynamism, it will be possible or easy for
member states to transpose or transplant its contents without much effort as it describes
and explains its adoption or adapting process. As such, the Model Law will assist policy
makers and legislative drafters to address all the relevant areas in need of legislative
reform without usurping the authority of national legislatures to determine the content,
extent, style and form of their national laws.
PREAMBLE
Considering that the Constitutive Act of the African Union recognizes the paramountcy of human
rights and freedoms recognized and guaranteed therein, without distinction of any kind such as
race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social
origin, fortune, birth or other status,
Reaffirming the fundamental human rights of children as proclaimed in the African Charter on
Human and Peoples’ Rights, the Universal Declaration of Human Rights and the Convention on
the Rights of the Child without discrimination on the grounds of sex, race, religion, political or other
opinion, national, ethnic or social origin, property, birth, disability, or other status and the right of
children to take part in all actions affecting them,
Recognizing in particular the important role of the African Charter on the Rights and Welfare of the
Child, especially Article 22,
Emphasizing the inherent value of children as individual, unique, dignified, self- determined, and
full-rights bearing human beings, and the vital role of children for maintaining a well-functioning
democratic and just society,
Recognizing the devastating effects of armed conflict on all children,
Realizing the necessity of special care and assistance, guidance, and education for children to
develop all of their inherent potential in a peaceful and conflict free environment,
Acknowledging the important role to be played by the family and the community as primarily
responsible to ensure the development and well- being of children,
Taking into consideration the State’s role in supporting and assisting families with this responsibility,
2
ON CHILDREN
AFFECTED BY
ARMED CONFLICT
IN AFRICA
An organ of the
, MODEL LAW ON CHILDREN AFFECTED BY
ARMED CONFLICT IN AFRICA
BACKGROUND
Armed conflict has a number of adverse effects on people and communities. However,
in the case of children, the adverse effects of armed conflict are more severe and long-
lasting. While the issue of armed conflict is serious, communities regrettably do not
have access to the type of protection and assistance they need. Furthermore, children,
in particular, suffer the consequences of armed conflict and do not have access to the
special assistance they may need during the time of armed conflict as well as after.
Armed conflict has a psychological impact on children; in addition to this, children also lose
their lives, are maimed, sexually abused, abducted, trafficked as well as displaced from
their families and communities. Thus, children’s civil and political and socio-economic
rights are affected by armed conflict. Moreover, the aftermath of armed conflict also
affects the children and their rights. Thus, children need to be assisted with a number
of interventions to ensure that their rights do not continue to be violated. For example,
children need assistance with tracing their families, social reintegration, different forms of
rehabilitation, and trauma counselling. However, in the current status quo, these needs of
children are often trivialised and one of the reasons for this is that there is rarely a legal
framework which enumerates the obligations of different state stakeholders.
While some countries have promulgated some progressive legislation in order to deal with
the issue of armed conflict and its consequences, the issue of grave child rights violations
still persists. Thus, especially because children’s rights invoke urgency in implementation
in order to avoid violations which continue into adulthood, there remains a need to ensure
that efforts are doubled to protect children during and after periods of armed conflicts.
In light of the issues mentioned above, the Peace and Security Council (PSC) in
collaboration with the African Committee of Experts on the Rights and Welfare of the
Child (ACERWC) held an open session on 8 May 2014. The aim of the open session was
to unpack the issue of children affected by armed conflict on the continent. At the end of
the open session, it was clear that there had been some notable efforts made to ensure
the protection of children affected by armed conflict. However, it was also noted that there
is a lot yet to be done- with the implementation of existing laws being identified as one
of the areas which needs to be worked on. Thus, it is in light of this that the ACERWC is
1
, MODEL LAW ON CHILDREN AFFECTED BY ARMED CONFLICT IN AFRICA
drafting this Model Law on Children in Conflict Situations in Africa.
The model law will serve as a yardstick for dealing with children in situations of conflict on
the continent. It also will be an advocacy tool for legislators to have such a law in member
states. Further, it will provide best practice language, and will be impeccable for ease of
adoption or adaption by member states in their laws dealing with the children affected
by armed conflict. Because of its supposed dynamism, it will be possible or easy for
member states to transpose or transplant its contents without much effort as it describes
and explains its adoption or adapting process. As such, the Model Law will assist policy
makers and legislative drafters to address all the relevant areas in need of legislative
reform without usurping the authority of national legislatures to determine the content,
extent, style and form of their national laws.
PREAMBLE
Considering that the Constitutive Act of the African Union recognizes the paramountcy of human
rights and freedoms recognized and guaranteed therein, without distinction of any kind such as
race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social
origin, fortune, birth or other status,
Reaffirming the fundamental human rights of children as proclaimed in the African Charter on
Human and Peoples’ Rights, the Universal Declaration of Human Rights and the Convention on
the Rights of the Child without discrimination on the grounds of sex, race, religion, political or other
opinion, national, ethnic or social origin, property, birth, disability, or other status and the right of
children to take part in all actions affecting them,
Recognizing in particular the important role of the African Charter on the Rights and Welfare of the
Child, especially Article 22,
Emphasizing the inherent value of children as individual, unique, dignified, self- determined, and
full-rights bearing human beings, and the vital role of children for maintaining a well-functioning
democratic and just society,
Recognizing the devastating effects of armed conflict on all children,
Realizing the necessity of special care and assistance, guidance, and education for children to
develop all of their inherent potential in a peaceful and conflict free environment,
Acknowledging the important role to be played by the family and the community as primarily
responsible to ensure the development and well- being of children,
Taking into consideration the State’s role in supporting and assisting families with this responsibility,
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