Impact of children recruitment in armed group, case of North Kivu province

DEMOCRATIC REPUBLIC OF THE CONGO

NORTH-KIVU PROVINCE

THE BROTHERLY TRAINING CENTER, B.T.C/GOMA

IMPACT OF CHILDREN RECRUITMENT IN ARMED GROUP,

CASE OF NORTH KIVU PROVINCE

Done by: Julien SHEMITIMA.

Consultant in Child Protection.

Student in English Program.

Work presented and defended.

Facilitator: Faustin BIZIMANA

Director: Paul SHAMAZI BUYANA

Motto: Teaching is Touching Souls Forever

December 2021

ROUTE KATINDO- AFIA BORA, non loin de l'église Néo-apostolique sur Avenue Mukalayi, No.4.

Juste à côté de l'hôtel Idjwi Business, vers l'église du Nazaréen, Sous La ligne (SNEL) Haute tension.

E-mail: [e-mail].:#243 85 32 44 246 & #243 973 111 973 / 099 911 81 25

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«Statistics are primordial, but it's important to never forget that each child we report on has him own story.»

Dee Brillenburg Wurth

« Les statistiques sont primordiales mais il est important de ne jamais oublier que chaque enfant sur lequel nous établissons un rapport a son propre récit. »

Dee Brillenburg Wurth

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INTRODUCTION

Bids of law of armed conflict recognize that even the war has its borderline. Generally the war is prohibited. But people victims of injustice, aggression, grave violence and others violation of right can opted for the war as an ultimate way to recover their right.

It is said that rules of law concern all domain. So there is rules applicable in case of armed conflict. Those rules are imposable to all parties of conflict.

Faced with the extreme consequences of the war of the second universal war, Governments of all States members of United Nations adopted 4 (four) convention on 12nd days of August 1949 at Geneva (Suisse).

This conventions provide rules and methods of conduct of the war. For instance, the weapon, arm of massive destruction is prohibit; poisoning is also forbidden. People who don't participate at the conflict armed must be treat with dignity and humanity. Brief, warriors are not authorized to use any technical of war or to adopt any behavior.

The 4th convention is interested about the protection of civilian people during the period of armed conflict. Therefore, children are principal members in different categories of civilian population.

Generally, this convention provide rules which protect civilian people and properties (possessions) such as market, church, school, hospitals, and so on. The warriors or militaries should not attack those categories. Actually, the war must concern only military target.

It's known, children are very vulnerable in context of armed conflict. Warriors and military should respect child right.

This topic will try to present the reasons why children are recruited and use by the armed forces and armed group. As possible, we are going to present and analysis great violence which are being committed against children.

In our research, we are going to present some armed group which are identified as responsible of recruitment and use of children. At the end, we are going to provide the solution may be applicable; 2

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DEFINITION OF KEY WORDS

(1) Child means any human being under the age of 18 years, in accordance with article 1 of the Convention on the Rights of the Child.

(2) Recruitment and use of children. Recruitment includes acts of voluntary or forced conscription or enlistment to any armed force or armed group. The Paris Principles states that the use of children includes the use of minors in any capacity, such as, but not limited to: fighters, cooks, porters, messengers, sexual slaves or spies.

(3) Exploitation" of a child means the use of a child in the course of work or other activities for the benefit of others and to the detriment of the physical or mental health, development and education of the child. Exploitation includes, but is not limited to, the exploitation of the prostitution or other forms of sexual exploitation, forced labor or services, including the forced commission of a crime, slavery or practical analogues.

(4) Killing of Children includes any action that results to the death of one or more children.

(5) Maiming of children, on the other hand, includes any action that results to permanent or debilitating injury, defacing, scarring, and mutilation to one or more children.

(6) Attacks on Schools & Hospitals. Attacks on schools and hospitals involves the occupation, shelling, targeting for use in propaganda, destruction (partially or completely), and causing harm to the school or hospital facility and its personnel. For this violation, a school is any structure, with clear boundaries and recognized by the community as a learning facility. Hospital would include any facility where the sick and wounded are gathered for treatment.

(7) Rape and great sexual violence. This violation includes acts of sexual violence such as rape, enforced sterilization, forced prostitution, forced marriage or pregnancy, as well as sexual slavery.

(8) Abduction of Children would include kidnapping, hostage-taking, illegal detention, of any child in the context of armed conflict. Usually, this violation is committed along other violations such as recruitment, rape, or maiming.

(9) Denial of Humanitarian Access involves the intentional barring by physical force or administrative barriers, of humanitarian aid, supplies, services, and personnel, into and out of an affected area.

(10) Protection is set of activities aimed at ensuring full respect for human rights in accordance with the text and spirit of human law, international human law and refugee law.

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(11) Prevention of recruitment means provisions that would prohibit the recruitment and use of children in the armed force/ group would be one of the key components of the Action Plan. This would mean that the armed force/ group would desist from engaging the services

of children in all their activities. (12) Release and Reintegration. Activities aimed to
support the release of children in the armed force/ group and facilitate their reintegration into civilian life.

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CAUSES OF CHILDREN RECRUITMENT IN ARMED GROUPS

The reasons children are recruited by armed group are complex, and it's depending on the situation. It appears more Children are not only registered alongside adults, but identified as being targeted, because the use of children has various advantages to groups.

According to NGO and Monusco's report, armed Group recruit in order to use them as fetish, fighter, spy, porter, human shield, sexual slave and others services. Children live bad experiences in bush under yoke of armed group.

In North kivu, armed Group need to have a great number of combatant for maintaining its power in front of enemies. Chiefs of armed group know that if they are less in number then they will not be able to defend themselves at the moment of attack. So, they at the most of time to keep strong and to be able to resist against AFDRC attacks or others armed group.

Both Nyatura rebellious and FDLR operate in Lubero and Rutshuru territories. They established their camp in Virunga National Park. So sometime they kidnap and abduct children in village surrounding. Among children, they often abduct young boy. However, they could take young girls. It's also important to know that among the list of active armed group, both NDC renovate and MAIMAI MAZEMBE as well as RAIYA MUTOMBOKI which operates in Masisi and Walikale territories had committed violations against children.

One of Consequences of children recruitment, some people run away dangerous village and they go to live in another one which is secured. Surely, there is village in which children undergo a great risk. Such situation affect education program when it known that the armed Group can abduct children in school environment or in the way of school.

It's very important to know that if children are not only forced by armed Group but other children choose to join deliberately armed Group. Surely, such children don't appreciate their conditions of family's life. They hope if they become military or combatant they will have power and be able to satisfy their needs. That is also a consequence of parents who failed education of their children and to satisfy to theirs needs.

Even if a child opted himself to join voluntary an armed Group. The armed Group must not accept to recruit him.

Monusco child Protection section initiate actions to prevent recruitment of children. This Section interfere to protect children who are victims of grave violations. They work to provide protection of civilian in period of armed conflict. 9

CONSEQUENCIES OF CHILDREN RECRUITMENT IN ARMED GROUPS

Firstly, it's important to know that there is two modality or sort of recruitment of children: voluntary and forced. Both of them constitute violation against children right.

Rules of law prohibit the recruitment and use of children by armed Group or force in the armed conflict. Because the place of children is in his family or at school.

Actually, there is a lot of negative impact of children recruitment. If some consequences are current, then others will produce effect in the future. So, some consequences concern child soldier himself and others are related to his community and relationship.

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Many reports about armed group and armed conflict narrated bad treatment against children in North Kivu Province. According to testimonies of ex-child soldiers, members of armed Groups killed children, they enforced them to grievous and heavy work and they used them as human buckler in the first line of the war.

Children are also victim of maiming, rape, and torturing and psychology violence. Instead of going to school, they learnt by violence. They were also be restrained to kill their parents or other members of their family. Such children have facility to kill, to steal, to rape, to destroy and burn villages.

We cannot close this part without presenting some problems in the community which incur the risk of recruitment by armed group: Here they are :

- Stop of school activities ;

- Departure of people;

- The fear to work in the field and pasture.

HOW TO PROTECT CHILDREN AFFECT BY ARMED CONFLICT.

Armed conflict disproportionately affects children. First victims of wars, many girls and boys are killed and maimed, recruited and used as child soldiers, are subjected to sexual violence, are subjected to kidnappings, and are denied access to aid humanitarian. They are also increasingly victims of attacks in schools and hospitals.

In the first party, we definite protection as an activity. Here we are going to present the approach of humanitarian Organization and United System. Protect children should be understood not only as to prevent him against violence but also to respond to violence by help with an assistance. Liberation or demobilization of children is an example of protection. Rules of law are the first instruments of protection. It?s very important to know what is provided by law or convention in each situation.

As we saw by introducing this theme, the resolution 1612 of Security Council of United Nations is the specific instrument which provide how all parties concern could protect children affect by the armed conflict.

Refer to this text, Child Protection Section of Monusco organize sensitization of armed group about the respect of child right in the period of armed conflict.

In 2017, a total of 2,630 children, including (571 and 2,089 boys, were separated from armed groups and militias in the DRC.

In North Kivu Province, most of the children were separated mainly from the armed groups Nyatura, RAIA Mutomboki, Mai Mai Mazembe, FDLR FOCA and NDC RENOVE. Among these separated children 1,031 including 128 girls and 923 boys were recruited and separated during the year 2017.

In 2018 The Nduma Defense of Congo-Rénové (NDC-Rénové) extended its control in the territories of Masisi and Rutshuru, which led to clashes with the APCL, the Nyatura and the FDLR, in which children took part in the fighting. An arrest war was issued in June 2019 against Guidon Shimiray, commander of the NDC-RENOVE, but this did not prevent the latter from continuing to fight and retaining control of large areas in the territories of

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Walikale, Masisi and Rutshuru, which has been a constant threat against children. (Report number S/2020/1030 du 19 octobre 2020)

By virtue of Security Council resolutions 1539 (2004) and 1312 (2005) which call for the establishment of action plans accompanied by a dialogue that allows their implementation, the advisers and teams for the protection of children of children The United Nations mission is to establish links with all state and non-state armed actors involved in serious violations against children and enjoy the political leeway to do so.

Prevention of recruitment are provisions that would prohibit the recruitment and use of children in the armed force/ group would be one of the key components of the Action Plan. The primary role of national Governments in providing effective protection and relief to all children affected by armed conflicts ; that's mean 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.

CONCLUSION.

With this reflection, we have seen that children are recruited and used by both armed group, including FARDC in North Kivu Province .There are many and various consequences of recruitment and use of children. Children are being killed, they are also be maiming. Usually girls are used as sexual slaves.

Different reports of United Nations about the situation of children in armed conflict in North Kivu Province of DRC reveal great violations of children rights committed by armed group. In the last report number S/2020/1030 du 19 October 2020, the total number of violations includes 4,639 children who had been recruited before 2018 but were used by armed group until their separation during the reporting period.

Surely, as long as, this phenomena of armed group will continue to remain in our Province, then recruitment of children will be also the evidence. That why the great solution which could be considered by Congolese Government is to pacify the East area of DRC.

According to this truth, this peace is obtained not only by fight or by the way of war, but also by dialog between all the parties. There is no importance of dialogue if parties will not be able to respect resolutions taken by themselves.

Unfortunately, it's curious to find that both Government doesn't develop and support correctly program of demobilization and formation of ex-rebellious in the Transit's Center of Beni. The ex-rebellions are sometimes renounced without any assistance.

Even, armed groups operated in Noth Kivu don't develop and respect the action plan to make end to recruitment and use of children by them.

Reiterating the primary role of national Governments in providing effective protection and relief to all children affected by armed conflicts. The resolution 1612 states the primary responsibility of the Security Council of United Nations for the maintenance of international peace and security and, in this connection, its commitment to address the impact of armed conflict on children.

Finally, it more important for Congolese Government to develop specific program of reintegration children in civilian life. DRC Government could end impunity and by prosecuting

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all responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children.

For accomplishing that mission, the partner of DRC Government, for instance the section of child protection of Monusco , each in their domain of competences ,have to get involved so as to help the children affected by armed conflicts to join their families and receive professional trainings ,or resume school activities so as to generate incomes for family progress.

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ANNEXES

Annexe 1: Presentation

Ladies and gentlemen good morning / good afternoon !

Julien SHEMITIMA is a first level student speaking to you now.

We are all seeking peace in this country, but I wonder if everyone here knows what is happening in BENI, MASISI, RUTHSURU ,and so on. What I know is that here is insecurity which is caused by armed groups. Armed groups have followers made of kids and adults.

This is too sensitive for a child growing without a basic education. That is why it is a great opportunity for me to share with you a topic on

»IMPACT OF CHILDREN RECRUITMENT IN ARMED GROUPS, CASE OF NORTH-KIVU
PROVINCE»

In fact, recruitment and use of children include acts of voluntary or

forced enrollment in any armed group.

The use of children is the use of minors in any capacity as fighters, cooks, porters, messengers, sexual slaves, human, shield or spies.

This impact negatively our society because those children grow up without both basic education and school knowledge.

But also some families run away from targeted villages to safe ones_since parents are fearing for their kids to be kidnapped. This situation does not allow the progress of develpment in conflict zones.

Dear all, as we don'tt expect to be perfect, any comment or question is the most welcome.

Thank you.

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Annexe 2: SYNTHESIS

This topic try to answer to the main question : what is the impact of recruitment children in armed group ?

This theme is more important as all of us, we are witness of that armed group operating regularly spread terror and disturb the peace of the population in North Kivu Province.

By definition, un armed group is a group capable of using arms and force to achieve its political, ideological or economic objectives, which is beyond the control of the state in which it is active, and which is not of the official military structure of a state;

Children and women are certainly the most vulnerable in times of armed conflict. They are also the main victims in all wars in North Kivu province.

And a Child means any human being under the age of 18 years, in accordance with article 1 of the Convention on the Rights of the Child.

The Geneva Convention of 1949 forbid to attack civilian people include children. On the other hand, attacks must be directed against combatants and military targets.

However,armed groups have been identified as responsible for recruitment and use of children in North Kivu Province.

Recruitment means acts of voluntary or forced conscription or enlistment to any armed force or armed group. The Paris Principles states that the use of children includes the use of minors in any capacity, such as, but not limited to: fighters, cooks, porters, messengers, sexual slaves or spies.

In 2017, a total of 2,630 children, including (571 girls and 2,089 boys) were separated from armed groups and militias in the DRC.

In North Kivu Province, most of the children were separated mainly from the armed groups Nyatura, RAIA Mutomboki, Mai Mai Mazembe, FDLR FOCA and NDC RENOVE. Among these separated children 1,031 including 128 girls and 923 boys were recruited and separated during the year 2017.

In 2018 The Nduma Defense of Congo-Rénové (NDC-Rénové) extended its control in the territories of Masisi and Rutshuru, which led to clashes with the APCL, the Nyatura and the Democratic Liberation Forces of Rwanda (FDLR), in which children took part in the fighting. An arrest warrant was issued in June 2019 against Guidon Shimiray, commander of the NDC-Rénové, but this did not prevent the latter from continuing to fight and retaining control of large areas in the territories of Walikale, Masisi and Rutshuru, which has been a constant threat against children. in the Report number S/2020/1030 Of Sécurity Council of United Nations, october, 19^th 2020 Page

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We cannot end this presentation without to list some consequencies of children recruitment:

- Instead to study or to be educated, children soldiers larn by violence. They larn how to kill, to rape and destroy and to burn village and property etc.

- They are even killed and maiming. Often girls are raped and used as sexual slave.

- Armed Group members enforce theim to grievous and heavy work and they used theim as human buckler in the fisrt line of the war.

Others negative impact involved the community affected:

- Displacement of people;

- The fear to work in the field and pasture.

It's impossible to imagine all consequencies of children recruitment.

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Surely, as long as, this phenomena of armed group will continue to remain in our Province, then recruitment of children will be also the evidence. That why the great solution which could be considered by Congolese Government is to pacify the East area of DRC.

Peace is obtained not only by fight or by arms, but also by dialog. There is no importance of dialogue if parties will not be able to respect resolutions taken by themselves.

Finally we remind the primary role of national Governments is to provide effective protection and relief to all children affected by armed conflicts.

Congolese Government could develop and support specific program of reintegration children in civilian life. And Justice should end impunity by prosecuting all responsibles of grave crimes perpetrated) against children.

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Annexe 3. CONTEXTUAL STUDY OF THE TRAINING CENTER

The Brotherly Training Center/B.T.C. is the Education program of the non-profit Organization called «Action Généreuse d'Appui Pérenne au Développent AGAPD/Asbl, BTC is a great school of languages dealing with humanitarian logistics, Computer science, Driving, Culinary Art, German, French, English, Swahili and Spanish teachings. The school has been operational in Katindo/Goma for more than 20 years.

A. GEOGRAPHICAL LOCATION

1. Physical address

BTC is located in Goma, Commune: KARISIMBI, Quarter: Kasika, Avenue Mukalayi, No.4 on Sake road, not far from «Néo-apostolique» church, behind Mama Nindja and beside Idjwi Business Hotel, under the high voltage line/SNEL «haute tension».

2. Geographical limits of BTC Office

In South: BTC geographically is in limit with the commune de Goma' on Gona Sake main

road

In the North: BTC geographically is in limit with ENAIM Methodist Church

In the East: BTC geographically is in limit with La Source Church

In the West: BTC geographically is in limit with Mukalyi Street in Kasika Quarter

B. BTC ACHIEVEMENTS

From 2001 to 2021, the School (BTC) was a big contributing factor to access jobs by thousands of Students who successfully finished their training.

From May 2001 to January 2021, fifty-four thousand, one hundred and eighty-four (54, 184) people graduated at BTC. Given the fact that hundreds of former BTC students are presently employed within the United Nation Missions, in local and International NGOs, in private Companies and local Government, BTC staff will always glorify the Almighty God for having alleviated the rate of joblessness in the area. Because of its performance, the B.T.C. Board of Translation was and or is often used by International Organizations like: AirServ International, NCR, INSO, World Relief, Rally International, Mercy Corps, ICRC; European Union; Pact Congo; Women of Africa; Johanniter; World Relied for translation of official documents; teaching of English/training their staff and Interpretation . Last October 2016 a big number of students (more than 05) who were trained at BTC got employed by another school of languages named PYE (Promotion the Youth through Education) that is operational in the vicinity of BTC.

C. THE WAY OUR TRAININGS ARE ORGANIZED

Pending the opening of carpentry and sewing, the school is currently organizing the following Departments:

1. Logistic Department: Only one level: Students sit for a 30day-class for the theoretical part of Logistics and spend 30 days in companies for internship/practice.

2. ENGISH DEPARTNENT

a. There is a first Level for beginners: In three months, they are always able to make a composition of 3 to pages and go for exposés in public so as to be given Attestations in case they succeed.

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b.

s attendance.

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The second level is composed of students who are willing to improve their English in 3months. Outsiders (people who did not study level one at BTC) sit for an assessment in Grammar, Conjugation, Dialog, Dictation, Composition; Exposé and Listening to be accepted in L2; they develop a topic, write a booklet of 15 to 25pqges and defend it in public. After assessment by the Jury Board under supervision of North Kivu Division of Youth Representatives, they are given Official Certificates homologated by the North Kivu Division of youth that represents the Government at the provincial level.

c. Level-3 : The 3rd level is called ToT (Training of Trainers). ToT accommodates learners from Level one and outsiders; BTC intends to ensure capacity Building of many organizations through Training of Trainers (TOT) in the following fields: In L3 we deal with Language teaching methods and business English to equip graduates in accessing employments: To apply for L3 applicants are always requested to fill in the following form:

TOT REGISTRATION FORM

Dear TOT Applicant: Mr./Ms.Mrs..............................

Welcome to the (Month and year) Training of Trainers/TOT Session.
Why do you want to take this Training of Trainers session?

Tellus the reason. .................................................................................................

A. Language teaching methods:

1. Main steps of lessons related to phonetics and phonology (PHO-PHO),

2. Grammar, dialog, Conjugation, vocabulary,

3. Texts reading, reading comprehension....

4. How to teach listening to adult students;

5.

Lesson preparations & updating admin. docs; How to write administrative correspondences.

Operational in Katindo/Goma since 2001, BTC intends to ensure capacity Building of many organizations through Training of Trainers (TOT) in the following fields:

B. Business English:

How to write CVs, job applications, cover letter, ... How to fill in P-11 forms;

ve translation skills;

NOTE: Apart the above fields, what else would you like to learn during this session?

Conditions to join TOT session :

an E-mail address, be a user of internet, whatsap and facebook (for smooth communication and assignments submission online).

riting and listening skills ;

L2 students who defended in public any time from 2001 to 2020.

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Table des matières

INTRODUCTION 3

DEFINITION OF KEY WORDS 4

CAUSES OF CHILDREN RECRUITMENT IN ARMED GROUPS 6

CONSEQUENCIES OF CHILDREN RECRUITMENT IN ARMED GROUPS 6

HOW TO PROTECT CHILDREN AFFECT BY ARMED CONFLICT 7

CONCLUSION 8

ANNEXES 10

Annexe 1: Presentation 10

Annexe 2: SYNTHESIS 11

Annexe 3. CONTEXTUAL STUDY OF THE TRAINING CENTER. 13