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No violence against children is justifiable. Bearing in mind that poverty, income inequality, political instability and conflicts are among factors that could increase the risk of violence, there is an urgent need for the global community to address the root causes of these problems and to put in place various mechanisms in order to stop and prevent violence against children.
THE MALAYSIAN PROGRAMME AT THE UN SECURITY COUNCIL - PLIGHT OF CHILDREN IN WAR-TORN COMMUNITIES
I
t is indeed a great honour for me to be here and to address this august conference and to share with you some insights into “The Malaysian Programme at the United Nations Security Council on the Plight of Children in WarTorn Territories�. As we all know, armed conflicts have a devastating impact on the civilian populations, particularly on children. UNICEF reported that 2014 was the worst year for children. Up to 15 million of them suffering from armed conflicts in countries such as the Central African Republic, Iraq, South Sudan, the occupied Palestinian territories, Syria, and Ukraine. It is most unfortunate that children have
become increasingly embroiled both as targets of violence and as combatants. We are increasingly alarmed at the disturbing trend of child abduction by non-State armed groups, and hundreds of children have been abducted in the past year by armed groups in Africa and in Middle East, and for many of them, their fate remains unknown. In the case of the occupied Palestinian territories, the brutal and relentless attack by Israel on the Palestinian civilians in Gaza in 2014 had led to the death of over 500 Palestinian children, some deliberately targetted and killed, and many others ... killed while seeking refuge in UN centres. These massive assaults have resulted in more than 3,000 children
injured or maimed for life, and 54,000 children made homeless. At least 373,000 children in Gaza are currently in desperate need of psycho-social support. What is more even deplorable is that schools were targets of aggressions. Malaysia deplores and condemns all acts of violence against children, be it murder, sexual violence, abductions, or vicious and indiscriminate attacks against children and essential infrastructure such as schools and hospitals. Against this backdrop that we are pleased to reaffirm our steadfast commitment to the efforts of protecting and promoting the rights of children. Let us remind ourselves that the safety and well-being of JUNE 2015 CRIMINALISE WAR
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children is of utmost priority since children are the future of the nation and the key to a country’s survival, development, and prosperity. They are, in fact, the foundation on which a strong, vibrant, and dynamic nation shall be built. We are encouraged that almost, if not all, members of the States of the United Nations have acceded to the Convention on the Right of the Child, or better known as CRC. We believe that the ratification of the CRC is a testament to the common will of the global community in promoting and protecting the rights of children. As a State party to the CRC, Malaysia has undertaken efforts in ensuring that the rights of its children are protected, and in addressing pertinent issues such as violence against children. Apart from being a State party to the CRC, Malaysia has acceded to the optional protocol to the CRC on the involvement of children in armed conflict, the optional protocol to the CRC to the sale of children, child prostitution, and child pornography on 12 April 2012. In addition, Malaysia’s a State party to the 4 Geneva Conventions of 1949 which were incorporated in Malaysian law on 16 April 1962 though the Geneva Convention Act 1962. It is well to remember that the 4 Geneva Conventions of 1949 are remarkable milestones in the history of humanity as not only were limits placed on the acts of belligerence but also civilians affected by armed conflicts, including children, were protected for the first time. In this respect, Malaysia believes that the high contracting parties to the 4 Conventions, it is incumbent upon us not to only respect the Conventions, but to ensure respect for them in all circumstances. This will entail undertaking measures to ensure that the humanitarian principles involved in these Conventions are applied universally. No violence against children is justifiable. Bearing in mind that poverty, income inequality, political
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instability and conflicts are among factors that could increase the risk of violence, there is an urgent need for the global community to address the root causes of these problems and to put in place various mechanisms in order to stop and prevent violence against children. International humanitarian laws provide for the general protection of children as persons taking no part in hostilities. It provides for children as persons who are particularly vulnerable. The 4th Geneva Convention 1949 comprises many provisions in favour of children. They exemplify, already in 1949, that children should be specially protected against warfare. The legal protection of children encompasses various aspects to include, among others, the right to care and aid for the child and his family, the cultural environment of the child, the education of children, the personal rights of the child, the respect of preferential treatment for children who have been arrested, detained or interred, and children taking part in hostilities. In order to advance the global protection of children in armed conflicts and put an end to impunity of the perpetrators, the United Nations Security Council has identified 6 categories of violations and so-called 6 grave violations, namely, killing and maiming of children, recruitment or use of children as soldiers, sexual violence against children, attacks against schools and hospitals, denial of humanitarian access for children, and abduction of children. In essence, the 6 grave violations against children enumerated by the Security Council in its resolutions form the basis of the architecture of protecting children during war. Malaysia became a non-permanent member of the United Nations Security Council on the 1st of January 2015, and as a member of the Security Council, Malaysia shares the commitment of the international community to protect
children in situations of armed conflict. In this regard, Malaysia welcomes the report by the Special Representative of the SecretaryGeneral for Children in Armed Conflict and commends the noble campaign of “Children, Not Soldiers” launched by the Special Representative and UNICEF in March 2014. The campaign seeks to galvanise support to end and prevent, by 2016, the recruitment and use of children by national security forces in 7 countries. Malaysia is pleased to highlight that this year marks the 10th anniversary of the Security Council Resolution 1612/2005 which endorsed the establishment of the monitoring and reporting mechanism, or MRM, to document grave violations against children in armed conflict, and also establish a Security Council working group on children in armed conflict. The working group exemplifies the cooperation, innovations and creativity that the Security Council is capable of harnessing in order to address international issues of concern, in this case the plight of children affected by armed conflict around the world. The working group plays a pivotal role in focussing on the grave violations that are being committed against children by parties to armed conflict, and mobilising concerted international action through its conclusions. As the current Chair of the Security Council Working Group on Children and Armed Conflict, Malaysia believes that it is important to build trust and engage in constructive dialogue with the Member States whose situations are being considered. Accordingly, Malaysia will seek to facilitate new efforts or approaches in order to achieve timely, relevant and balanced conclusions for all country situations. In seeking to enhance the Working Group’s effectiveness in dealing with child protection issues,
Malaysia would endeavour to ensure that conclusions reached by the Working Group on Children and Armed Conflict are translated into action and that they enjoy the support of the Member States. We intend to further strengthen the transparency and visibility of the Working Group to the wider United Nations member States and the public, as well as to mainstream the issue of children and armed conflict. Malaysia strongly believes that the issue of child protection in armed conflict should not be politicised nor should the issue be used to create divisions within the international community. In this regard, Malaysia aims to strengthen engagement with all stakeholders on this issue, including Member States, UN bodies, civil society and the media, and with a view to depoliticising the issue and seeking solutions that would bring
a positive and tangible impact on the ground.Malaysia is of the view that in order to have any meaningful discussion on this subject, the issue of the plight of Palestinian children must also not be forgotten. It is indeed a pathetic state of affairs, when the international community ignores the suffering of these children merely because it cannot find a political solution to the Israeli-Palestinian conflict.
in wartime. Every State has the duty to promote the rules protecting children from any form of violence in war, and should crimes occur, to swiftly bring the perpetrators to justice. The general and specific protection to which children are entitled, must become a reality. The enduring responsibility for improving the plight of children in times of war and conflict must be shared by each and everyone of us.
The Security Council also has a compelling legal, moral and political responsibility to ensure that Israel, as the Occupying Power, respects and complies with the fundamental principles of international law and international humanitarian law, in the interest of the security and welfare of the children in the Occupied Palestinian Territories.
In conclusion, allow me to reiterate Malaysia’s unwavering commitment towards relentless efforts to address the plight of children in armed conflict. While the promotion of peace and the prevention of armed conflict should remain our priorities in ensuring the safety and well-being of children, it is the protection of children in existing situations of armed conflict, or in situations of impending armed conflict, which demands our urgent and undivided attention.
Today more than ever, States and parties to an armed conflict must do their utmost to uphold respect for the safety and dignity of children
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