This thesis examines the phenomenon of child-soldiering from a different perspective. It seeks to challenge, using a novel approach, earlier studies on the roles of former child-soldiers in post-war societies. It focuses on the subjectivity of young veterans, that is war veterans formerly associated with armed forces and groups as children during the 14-year gruesome civil war which bedevilled Liberia between 1989 and 2003. This civil war claimed roughly 250,000 lives, and saw the active participation of approximately 21,000 child-soldiers. This thesis departs from previous works which mostly painted an apocalyptic picture of young veterans, and explores the nexus between their self-agency, Foucauldian technologies of the self and their transformation in the post-war society. The majority of previous scholarly works which have dominated the field of child-soldiering dwelt on the impact of armed conflict on the child-soldiers, the negative consequences, the causes of child-soldiering, and the rehabilitation and reintegration of the young veterans after their disarmament and demobilization. What this thesis seeks to do however, is to establish that, rather than considering the young veterans simply as social misfits, distraught and dispirited human beings, it should be noted that young veterans through their agency, are capable of ensuring their reintegration into their war-ravaged societies. Sadly, these young former fighters’ self-agency and technologies of the self in defining their civilian trajectories have often been overshadowed by vaunted humanitarian aid and multilayered war-profiteering. This study is underpinned by interpretive constructivism, symbolic interactionism, social identity theory, sociometer theory and expectancy theory, and sheds light on how young veterans’ self-agency, instrumental coalitions, and decision-making processes, synergistically shifted the negative identities foisted on them as a result of their participation in the war.

Throughout the world, but especially in the African continent, international, cross-border and national conflicts are ongoing. In the majority of these conflicts child soldiers are involved in various ways. Judicial problems concerning the prosecution of commanders and leaders of armed groups, irrespective of governmental or not are being solved. Thus, underlying concern is left to the issue of accountability of child soldiers. International, Regional and National protection measures provide for certain judicial standards dealing with children under the age of eighteen. In order to fully understand the difficulties arising from the existence of universal binding measurement dealing with the accountability of child soldiers, one has to be aware of the international, regional and national legislative frameworks. In Sub Saharan Africa, especially in Rwanda, Uganda and the Democratic Republic of Congo, governments face various difficulties, such as the implantation process of international protection measures and ongoing conflicts, making it very difficult to examine the status of accountability measures for child soldiers. States have different minimum ages for accountability for child soldiers. Only a process of international co-operation between governments and non state actors can attempt to deal with the accountability of child soldiers. Not only deterrent, but rather restitution approaches and reintegration programmes should be followed in order to bring justice and achieve results in peace processes.

"The debate over the effectiveness of the laws to address the situation of children in armed conflict, the political will of the international community to alleviate the plight of children in such situations, as well as the search for effective strategies to address the issue of children affected by war, remains lively and unsettled. This study aims to contribute to the ongoing discussion with a focus on northern Uganda where, for the last 19 years, children have been suffering as a result of armed conflict with no response from the international community. It appears that the government, the armed forces and the international community have simply ignored their plight. ... The study is divided into four chapters; chapter one discusses the internal and international armed conflict dichotomy. It further discusses legal protection that exists under international law for children. An overview of the current standard-setting efforts, enforcement and implementation of these laws is also considered in the chapter. Chapter two considers particular risks faced by children in armed conflict including the child soldier phenomenon; refugee and internally displaced persons (IDPs); sexual abuse and exploitation of children; and the impact of landmines and unexploded ornances on children. The chapter finally looks at actions the international community can take to protect children in compliance with international law. Chapter three gives a background to the conflict in northern Uganda; it discusses the groups of children at risk and the failure to prioritise the protection of children by all actors at the local and international level. Chapter four draws a conclusion and gives recommendations to the ongoing search for effective strategies to address the plight of children affected by war with focus on northern Uganda. These recommendations are addressed to the government, the armed group and the international community." -- Introduction. / Mini Dissertation (LLM)--University of Pretoria, 2005. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

This Master's thesis is devoted to the study of Demobilization, Disarmament, and Reintegration programs for children formerly associated with armed groups. Its main task is to critically assess the implementation of child Demobilization, Disarmament, and Reintegration programs, to identify the main challenges of these programs, and to provide recommendations for their future improvement. The theoretical part of the work focuses on the concept of child soldiers and the concept of disarmament, demobilization, and reintegration. The work examines the case study of the Democratic Republic of the Congo closely. It explores the history of the conflict, the history of using child soldiers, and the history of Demobilization, Disarmament, and Reintegration programs in the Democratic Republic of the Congo. Furthermore, this work analyzes the phenomenon of child soldiers in the Democratic Republic of the Congo and the challenges the current Demobilization, Disarmament, and Reintegration programs are facing and provides recommendations for the Congolese government and for the international actors which are providing the Demobilization, Disarmament, and Reintegration programs for children in the Democratic Republic of the Congo. The work concludes that through the implementation of new policies on the national...

The child soldier problem is an escalating and growing phenomenon around the world. It is a complex issue as it involves a wide range of areas such as human rights, politics and cultures. A comprehensive legal framework is in place to protect children in armed conflicts, yet they are still being targeted, recruited and deployed in armed groups and organizations. The purpose of this study is to conduct an exhaustive examination of current international law, de lege lata, regarding child soldiers aged 15-18. The legal-dogmatic method will be used to identify the merits, but above all the shortcomings and problems of the legislation. The result shows that international law treats children differently in terms of age and when they are no longer considered child soldiers. The findings demonstrate the difficulties between the two frameworks of international humanitarian law and international human rights law in relation to child rights and protection issues. Furthermore, it has been discovered that the international law regarding child soldiers is outdated, contradictory and inconsistent, as society and warfare have changed since the adoption of the documents. The lack of legal sanctions against recruiters and enablers complicates the situation even further.

Human trafficking is an ever-growing crime in this century. It is estimated that there are 29.8 million slaves around the world today - 16.36% of which are located in sub-Saharan Africa. The sub-Saharan region is a region in which human trafficking is combatted ineffectively due to a lack of food, lack of access to education, lack of post-education opportunities and lack of proper legislation. This thesis explores the environment in which human trafficking is taking place in sub-Saharan Africa, and proposes potential changes that will theoretically disallow human trafficking to take place in the region. The only way in which an environment conducive to trafficking in persons will ever change is through establishing partnerships amongst governments, non-governmental organizations (NGOs), and other international organizations. Through the analysis of case law from the United Nations Human Trafficking Case Law Database, data from the World Bank, the United States State Department Trafficking in Persons Reports, the United Nations Global Reports on Human Trafficking, and various reports from NGOs, this thesis evaluates the approaches taken by various governments in sub-Saharan Africa to change the environment in which human trafficking thrives. Through raising awareness of the environment of sub-Saharan Africa, and by describing three ways in which human trafficking can be combatted effectively, such as the use of food, education, and the law, this thesis contributes not only to the legal discipline, but also to helping combat trafficking in persons effectively throughout the world.

yes / The purpose of this paper is to identify how the presence, proliferation, and misuse of small arms and light weapons (SALW) negatively impact children in conflict and post-conflict societies. It examines the impact of these weapons on children's well-being, rights and development, drawing on primary research in Cambodia, Mozambique, and Colombia. It was prepared in the context of the UN Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects in July 2001 and the UN Special Session on Children. Both are key opportunities to examine fully the impact of SALW on children at the international level and to agree global action to prevent and reduce the spread and misuse of the weapons that endanger the safety and undermine the potential of children. While UN agencies, international governmental organisations, human rights and development organisations have documented abuses committed against children, to date there has been no systematic analysis of the numerous ways in which SALW negatively affect the lives of children in conflict and post-conflict situations, let alone in societies at peace. However, the information that has been collected paints a terrible picture of devastation wrought by SALW. The use of small arms by and against children has both direct effects, which include death and injury, human rights abuses, displacement and psychosocial trauma, and indirect effects, which include insecurity, loss of health care, education and opportunities. These direct and indirect effects have both short and long-term impacts on the well-being, rights and development of children. This paper highlights these direct and indirect costs by drawing on the personal testimonies of youth affected by small arms in Cambodia, Mozambique, and Colombia - countries that have felt the devastating impacts of small arms and are currently at different phases of the recovery process. It is often extremely difficult to separate the impact of conflict from the impact of small arms on children but the human suffering caused by small arms is ultimately immeasurable. Indeed, the United Nations Secretary-General, Kofi Annan, has called small arms 'weapons of mass destruction' . These weapons often prolong and deepen the consequences of war and also impede post-conflict resolution and reconstruction. If many small arms remain behind after a conflict ends, they can promote insecurity, which in the extreme, may result in a return to conflict. Even in societies at peace, the presence of SALW can fuel crime and violence, and they can also be used by security forces for the facilitation of human rights violations against the civilian population. These weapons have several characteristics that make them ideal for contemporary conflicts and, in particular, the targeting and use of children in war. Many are so lightweight and simple that a child as young as eight can operate and repair them without difficulty. Equally, they can last over 40 years, meaning they can be exported from conflict to conflict through porous borders and lax national, regional, and international controls.

Yes / Small arms and light weapons (SALW) are recognised as increasing the lethality, duration and intensity of conflict with the effects of these weapons lasting for many years. The negative impacts of SALW are often greatest for the most vulnerable groups, including children. There is widespread international recognition of the negative effects of small arms on children, but efforts to control small arms and those to protect children have rarely been linked. The United Nations 2001 Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects and the UN Special Session on Children provide unique opportunities to examine the complex issues surrounding small arms and their impact on children, in particular, how the presence, proliferation and misuse of small arms and light weapons affect the lives of children.

L’enseignement en RDC, favorise une partie des élèves et en désavantage d’autres, parce qu’elle propose à tous les élèves une seule et même voie d’apprentissage, sans tenir compte du style d’apprentissage de chacun. Ce qui explique les échecs et les abandons. C’est le cas des enfants de la rue et des enfants-soldats démobilisés qui, suite au manque d’encadrement, risqueront d’être un danger social. Or ces jeunes, s’ils avaient été orientés vers les structures scolaires correspondant à leurs rythmes et styles d’apprentissage pourraient s’intégrer dans la société. Malheureusement, elles n’existent pas. Pour que le système scolaire soit épanouissant pour tous et chacun, il faudrait que les autorités de la RDC, ouvrent le système scolaire aux nouvelles approches pédagogiques, forment les enseignants, leur donnent un salaire décent, construisent de nouvelles écoles et les équipent. / Education in the DRC (Republic Democratic of Congo) favors some students and disadvantages others because it offers all the students a single learning path, regardless of their learning style. Which explains the failures and the abandonments. This is the case of street and demobilized child soldiers who, due to lack of supervision, may be a social danger.However, if these young people had been oriented towards school structures corresponding to their rhythms and learning styles, they could integrate into society. Unfortunately, they do not exist. For the education system that benefiting everyone, the DRC authorities should open up the school system with new pedagogical approaches, train teachers, give them a good salary, build new schools and equip them.

Les enfants constituent un groupe vulnérable de la société et à ce titre ils nécessitent une protection spécifique, en particulier en temps de conflits armés où leurs droits peuvent être violés, qu'ils appartiennent à la population civile ou qu’ils soient impliqués militairement dans des conflits. Cette protection relève d’une problématique récente et qui demeure plus que jamais actuelle. Elle pose la question de savoir quel est le but de la spécificité annoncée dans la mesure où existe déjà une protection générale des civils. Faut-il entendre alors que cette dernière est insuffisante à protéger les enfants dans les situations de guerre ? Également, la protection tant générale que spécifique appliquée aux enfants, varie-t-elle selon que le conflit armé est de type international ou non-international ? L’ensemble de ces questions fera l’objet de la première partie de la thèse, intitulée : « La protection des enfants civils en temps de conflits armés ». La seconde partie de la thèse portant sur « La protection des enfants soldats en temps de conflits armés » se penche sur les conséquences juridiques de la participation des enfants à des hostilités. Et, dans ce cadre, savoir si ces enfants capturés par l’ennemi obtiendront le statut de prisonnier de guerre et s’ils seront poursuivis pénalement en cas de commission de crimes de guerre. L’autre question soulevée dans cette partie est celle de la responsabilité de l’État, du groupe, de l’individu, qui recrute des enfants aux fins de les utiliser dans des conflits armés, en dépit de leur engagement à ne pas le faire. Le cas de la Libye apparaît ici le plus indiqué ; en effet, le pays a traité de ces questions dans sa législation qui présente cependant des failles que nous mettons en exergue, d’autant que dans cet État a éclaté en février 2011 une guerre où sont recrutés et utilisés des enfants. / The protection of children during armed conflict - Comparative study between international law and Libyan lawChildren are a vulnerable group in society and as such they require special protection, especially in times of armed conflict where their rights may be violated, whether they belong to the civilian population or they are militarily involved in armed conflict. This protection is a recent problem and remains more than ever current. It raises the question of what is the purpose of the specificity announced to the extent that there is already a general protection of civilians. Must we then understand that the latter is insufficient to protect children in war situations? Also, does the general as well as the specific protection applied to children vary according to whether the armed conflict is international or non-international? All of these questions will be the subject of the first part of the thesis entitled: « The protection of civilian children in times of armed conflict ».The second part of the thesis on « The protection of child soldiers in times of armed conflict » examines the legal consequences of the participation of children in hostilities. And in this context, whether these children captured by the enemy will get the status of prisoner of war and whether they will be criminally prosecuted in case of commission of war crimes. The other issue raised in this section is the responsibility of the State, the group, the individual, who recruits children for use in armed conflict, despite their commitment not to do so. . The case of Libya appears here the most indicated; indeed, the country has dealt with these issues in its legislation which however presents flaws that we highlight, especially since in that state broke out in February 2011 a war where are recruited and used children.