71729 Rights-Based Programming for Children in Conflict-Affected Areas Operational Experience from the Middle East Region Rights-Based Programming for Children in Conflict-Affected Areas Operational Experience from the Middle East Region This report was produced by: Save the Children Sweden, Regional Office for the Middle East and North Africa – Beirut Sanna Johnson, Regional Director Ibrahim Faltas, Child Rights Governance Program Adviser Simine Alam, Communication and Advocacy Adviser School of Global Studies, University of Gothenburg, Sweden Elisabeth Abiri, Senior Lecturer Magdalena Zeijlon, Researcher Malin Fryknas, Researcher Editor: Charmaine Seitz, independent consultant Graphic design: Charmaine Seitz This study was completed with the support of the Nordic Trust Fund of the World Bank Group, with special recogni- tion in particular going to: Colin Scott, Lead Social Development Specialist for the Middle East and North Africa Sara Gustafsson, Senior Program Officer To learn more about Save the Children Sweden’s work in the MENA Region, visit http://mena.savethechildren.se The findings, interpretations, and conclusions expressed in this paper are entirely those of the authors.They do not necessarily represent the views of the World Bank and its affiliated organizations, or those of the Executive Directors of the World Bank or the governments they represent. 4 Rights-Based Programming for Children in Conflict-Affected Areas Contents Acknowledgements 6 Abbreviations 8 Terminology 9 Executive Summary 10 Introduction 14 About the Study 14 Theoretical Considerations & Methodology 16 Human Rights, Child Rights & Security: Theoretical Considerations 16 Child Rights-Based Approaches to Development 16 The Relationship between Child Rights-Based Programming in Conflict-Affected Areas and Safety/Security 17 Defining Security 17 Underlying Hypothesis of the Study 19 Selection of Projects 19 Research Method 19 An Ideal Model for Comparison: Child Rights-Based Programming & Its Key Components 22 Selected Projects & Their Contexts 24 Lebanon: Geographical Context and Projects 25 Yemen: Geographical Context and Project 25 Occupied Palestinian Territory: Geographical Context and Projects 26 Analysis: Benefits, Challenges & Security Implications of Child Rights-Based Programming in Conflict-Affected Areas 28 Child Rights Situation Analysis 28 Clear & Outspoken Child Focus 29 5 Inclusion of Marginalized, Disadvantaged & Excluded Groups 30 Identifying Duty-Bearers 32 Child Rights Objectives, Measurable Goals & Targets 36 Monitoring & Evaluating Processes & Outcomes Using Child Rights Principles & Indicators 40 Fully Incorporate the Principles of Non-Discrimination, Best Interest of the Child, Development & Survival & Participation 41 Local Ownership & Partnership 43 Conclusions: Benefits, Challenges & Security Implications of Child Rights-Based Programming in Conflict-Affected Areas 46 Benefits & Challenges 46 Model Child Rights-Based Programming: Three Projects & Their Influence on Security 50 Concluding Remarks 56 Recommendations 60 To Donors 60 To Governments 60 To Organizations Working in Child Rights-Based Programming 60 Bibliography 62 Appendices 64 Appendix A: Key Components of Child Rights-Based Programming and Its Sub-Indicators 64 Appendix B: Focus Organizations 66 Appendix C: Research Statistics 70 Appendix D: Analyzing The Projects in Relation to the Key Components of Child Rights-Based Programming 72 6 Rights-Based Programming for Children in Conflict-Affected Areas Acknowledgements T his study was completed with the support of the Nordic Trust Fund of the World Bank Refugees, and other international agencies. Group. The study is ground- Special recognition goes out to breaking for Save the Children; all the child rights experts that never before has this methodol- commented on the drafts of the ogy as applied in the field been study. Thanks also goes to all tested in this way. We thank Colin practitioners at the various non- Scott, Lead Social Development governmental organizations and Specialist for the Middle East and international non-governmental North Africa at the World Bank, organizations, Save the Children for his commitment to support- Sweden, UNICEF, Naba’a and ing Save the Children in embark- Defence for Children Interna- ing on this study in partnership tional, which have contributed with the Institute for the Study of their time to make this study Human Rights at the University possible. Last but not least, it is of Gothenburg. We also thank thanks to children and youth that Sara Gustafsson, Senior Program our work is possible. They are Officer at the Nordic Trust Fund the individuals asking questions Secretariat, for her commitment and inviting us to try new work to supporting this study. We are methods, working with us to grateful for the support and en- change attitudes and perceptions, gagement of the League of Arab and embracing the idea that all States, which has monitored the people have rights and are equal. study and participated in related This study is also a contribu- workshops. We thank the Gov- tion to a Middle East and North ernment of Lebanon, with special Africa Region Study of the World thanks to its Minister of Social Bank, “Reducing Conflict Risk� Affairs, Wael Abou Faur. We also (December 2011) which exam- thank the Government of Yemen ines how the Bank’s development which, since 1963, has been open assistance could contribute to for discussions on child rights the mitigation of conflict risk in and the Palestinian authorities vulnerable countries.1 for allowing our work in one of the most conflict-affected areas in the world. Save the Children’s partnership with more than 90 local organizations across the Middle East and North Africa is a key factor to the success of our operations. The dedication of hundreds of volunteers and staff makes the difference. We thank 1 See http://siteresources. our partners UNICEF, the United worldbank.org/INTMENA/Resources/ Nations High Commissioner for WDR2011-Conflict-MENA.pdf (last ac- cessed 30 May 2012) 7 Yemeni women share ideas in Amran © Save the Children 8 Rights-Based Programming for Children in Conflict-Affected Areas Abbreviations CBO Community-based organizations CRC Convention on the Rights of the Child DCI Defence for Children International ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights INGO International nongovernmental organization MENA Middle East and North Africa NGO Nongovernmental organization NORAD Norwegian Agency for Development Cooperation oPt Occupied Palestinian territory PA Palestinian Authority PLO Palestine Liberation Organization PNCR Palestinian Network for Children’s Rights SCS Save the Children Sweden Sida Swedish International Development Cooperation Agency UN United Nations UNDG United Nations Development Group UNDP United Nations Development Programme UNESCO United Nations Educational, Scientific and Cultural Organization UNICEF United Nations Children’s Fund UNRWA United Nations Relief and Works Agency for Palestine Refugees in the Near East 9 Terminology Rights holder An individual or collection of individuals in possession of a right and who can make a claim that the right be respected, protected or fulfilled. In this study, the term usually refers to children or youth (under the age of 18) targeted in any child rights- based program. Duty bearer A body or individual with responsibilities and obligations towards rights holders, as enshrined in international law, national law and human rights instruments. Stakeholders Groups of people that may have interest or involvement in a project or program Executive Summary I t is only within the last decade that human rights-based approaches and rights-based methodologies have been incorporated into organizations and community-based organiza- tions. the practice of international development. How The study was developed to be a smaller, more a child rights-based approach and child rights in-depth and qualitative study in order to pro- programming is brought from theory to tan- vide a deeper picture of the operational prac- gible implementation in development programs tices and outcomes in focus. It should be seen as in areas of conflict has so far been a relatively an initial step towards better understanding the unexplored area of study. implications of the operationalization of child rights-based programming in conflict-affected By reviewing the operational practices and areas. outcomes of existing development projects that use child rights-based programming in conflict- For the purposes of this study, “Child rights- affected areas in Yemen, Lebanon and the oc- based programming� is defined as programming cupied Palestinian territory (oPt), the aim of this drawn from the United Nations Convention study was to answer two main questions: on the Rights of the Child (CRC) and the UN Statement of Common Understanding on What are the benefits and challenges of using Human Rights-Based Approaches to Develop- child rights-based programming as the overall ment Cooperation and Programming. Eight key approach for development interventions in the components shared by this type of programming selected projects? were identified by the study’s research team and used as an analytical tool to assess the benefits How can these benefits and challenges be and challenges and possible safety/security impli- related to the safety and security in the selected cations of using child rights-based programming. areas? By reviewing seven projects self-defined as us- ing child rights-based programming, this study Benefits of using found that the benefits of child rights-based child rights-based programming programming in conflict-affected areas outweigh in development projects its challenges. Moreover, three of these projects, those that were closest to an ideal model of The findings of the study showed that child child rights-based programming developed for rights-based programming seems to add special this study, had clear outcomes that positively qualities to the planning, implementation and influenced safety and security in the geographi- evaluation of development projects that move cal areas of the projects. beyond the intended delivery of services and that these features may be beneficial for the The data explored in the study included more development and maintenance of human secu- than 300 interviews conducted with staff, rity. The study shows that the key values added children, parents, community leaders and govern- through the operationalization of child rights- ment officials in Lebanon,Yemen and the oPt based programming are as follows: during the spring and late summer of 2011. The interviews, along with documentation gathered, h The focus on children puts attention explored projects run by Save the Children Swe- on one of the most vulnerable groups in den (MENA), UNICEF, Naba’a and Defence for society Children International, as well as local partner 10 “ This study argues that advocacy and awareness- raising are favorable traits h Human rights concerns are prioritized of ‘doing children’s rights’ and seen as a key element to achieving social justice and economic development not only because they aim h The increased use of participation and at creating rights-respecting non-discrimination principles in project plan- societies, but because they ning, implementation and evaluation tends to reduce tensions in the local community and meet the security challenges contribute to a project’s sustainability of conflict-affected areas by h The work of organizations (whether incorporating inclusion and they are INGOs, NGOs or the UN) comple- non-discrimination.� ment the role of the legal duty bearer, i.e., the government, contributing to the fulfill- ment of children’s rights and creating trust and security in the community h Sustainable and positive relations with community leaders and state officials are de- veloped, enabling advocacy towards relevant duty bearers and in turn perhaps leading to more active involvement and responsibility for necessary development endeavors h Knowledge about the rights of the child are integrated throughout project activities, which enables awareness-raising among rights-holders and in turn strengthens agency and the ability of children to claim rights h Meaningful activities for children contribute to their well-being and a sense of security/safety Projects that use child rights-based program- ming components also managed to create dura- ble systems focusing on duty bearers’ account- ability through monitoring. These structures, put in place to monitor child-rights compliance and create vertical dialogues, have the pos- sibility of outlasting the project span and may help shape sustainable environments for the development of policies and laws and for the monitoring of public officials’ performance and institutional child rights compliance. The empha- sis on children further seems to be contributing 11 12 Rights-Based Programming for Children in Conflict-Affected Areas to a strengthening of social cohesion within local that incorporate child rights. The coordinated and communities, particularly those with refugees and simultaneous capacity-building of duty bearers and internally-displaced. rights-holders in the child rights approach makes possible the development of common objectives In a region with weak governance and regime tran- and priorities. sitions, the creation of locally-owned sustainable structures appears to be especially important. This study argues that advocacy and awareness-raising are favorable traits of “doing children’s rights� not Challenges of using child rights-based only because they aim at creating rights-respecting programming in development projects societies, but because they meet the security challenges of conflict-affected areas by incorporat- The study identified a number of challenges for de- ing inclusion and non-discrimination. Awareness- velopment work using child rights-based program- raising of duty bearers is important and necessary ming in conflict-affected areas. These were: to bring about systematic changes and practices A Palestinian girl in the Shatila refugee camp, Lebanon © Save the Children 13 h The mainstreaming of human rights The study showed that: knowledge and rights language in all aspects of the development process is challenging. Practi- h The creation of sustainable systems focus- tioners expressed fears of politicizing develop- ing on duty bearers’ accountability can be seen ment work by using an explicit human rights as part of institution-building, and as a means to agenda. While governments in the MENA region strengthen the relationship between community have shown great interest in complying with and state the CRC, the Convention challenges traditional h Thorough training of children and youth and cultural norms and existing structures in in structured and peaceful participation in local some aspects. Also, the existing formats for development creates new and engaged agents some donor applications force organizations to for change. Children, youth and local community compromise their human rights language and/or actors develop skills to work actively against dis- explicit human rights goals to be able to access crimination, which in turn is necessary to ease funds; organizations often adopt a pragmatic tension between different groups and strengthen perspective on this, believing that the allocation social cohesion and equality of resources will indirectly help them to meet their rights agenda. h The investment of knowledge among chil- dren, youth and local community actors about h Child rights-based programming is a com- their human rights and where to claim them has prehensive work method that demands long- the potential to strengthen the social contract term commitment and sustainable practices and between a rights-respecting state and its inhabit- funds. Short-term projects and funding streams ants. hinder the creation of sustainable solutions and the building of trust between involved actors; h Putting human rights on the agenda of sustainable solutions and trust are in turn inte- local and national authorities can contribute to gral components of child rights-based program- the rule of law which in turn strengthens safety ming. and security h Effective advocacy can be hindered by To conclude, there are a number of benefits to lack of clarity among rights holders as to who using child rights-based programming in conflict- are legal duty bearers. Among refugee/displaced affected areas, both of a more general nature and children, for example, the study found that it with specific relevance for security. These benefits was sometimes problematic to identify duty are common to all the projects in focus, although bearers, mainly due to the ‘absence’ of the state, to varying degrees. At the same time, some chal- and that sometimes responsibility was applied to lenges also manifest themselves in all projects. the implementing NGO or to parents (whose These, however, are outweighed by the benefits. rights also had been violated) and not towards the legal duty bearer. While this study is an initial step towards a better understanding of the implications of the opera- tionalization of child rights-based programming in Model Projects and Their Impact on conflict-affected areas and has made it possible to make some clear recommendations to organiza- Security in Conflict-Affected Areas tions, governments and donors in favor of the Those projects in the study where operational child rights-programming approach, it also calls for practice most closely mirrored the theoretical further and expanded studies on the topic and the model for child rights-based programming de- undertaking of long-term comparative studies. veloped by the research team also had a greater impact on security in the area where the project was implemented. Introduction H uman rights-based approaches and rights- based methodologies have only been developed and applied in international develop- About the Study ment practice over recent decades. Interest in The kinds of questions the study aimed to human rights-based approaches has grown and address called for a comparative study design. the number of actors using different versions While a longitudinal study (where an area is of rights-based approaches has also increased. studied before, during and after a child rights- There is today a wealth of manuals, both general based development project has been carried and for specific sectors, describing how an out) would have allowed for a chronological organization should implement a rights-based comparison, such studies were considered approach to its work.2 beyond the scope of this project. However, considering the dearth of related research, it With this increase, questions have grown over was determined that a smaller more in-depth the benefits and challenges the use of a rights- qualitative study provides a deeper picture of based approach brings to the development the operational practices and outcomes in fo- practice of an organization and development cus. This, in turn, should be seen as an initial step results in general, as well as the approach’s us- towards better understanding the implications ability under different conditions. Little research of the operationalization of child rights-based has been done in this area. Studies on human programming in conflict-affected areas. rights-based programming usually take the form of project evaluations and thus tend to focus on The study specifically seeks to discern what project outcomes, making it difficult to evaluate child rights-based programming brings to a pro- the methodology as such, i.e. if a specific hu- ject’s operational practice and outcome, besides man rights-based approach was operationalized the delivery of services that are the focus of the and how it in this case might have contributed individual project, such as education or health. to project outcomes. This study is therefore While the provision of health care to the chil- designed to be able to discern the influence a dren of a community will very likely be positive certain programming (child rights-based pro- regardless of the kind of programming used, the gramming) has on selected projects’ operations impact and experience of the service may differ and outcomes during specific circumstances quite substantially. (projects in areas affected by conflict). At the center of this study are projects se- lected by four organizations as representative of their work using their unique model of child rights-based programming in the Middle East and North Africa region. The study analyzes and compares these development projects as to the degree that the characteristics of child rights- based programming are present in each proj- ect’s operational practice. The greater the number of key components of 2 In this study human rights based and rights child rights-based programming that are found based are used interchangeably and is an umbrella term for in a project’s operational practice, the closer a range of approaches and methodologies that use human rights norms and principles to achieve transformative change and development outcomes. 14 “ The study specifically seeks to discern what child rights-based program- ming brings to a project’s operational practice and outcome, besides the delivery of services that are the focus of the individual project such as education or health. � Children play in a building destroyed in fighting in Yemen © Save the Children the project is said to follow the intent of child rights-based programming in its work process- es. This in turn makes it possible to compare the projects on the basis of their adherence to the approach in focus. In order to analyze the impact projects employ- ing child rights-based programming may have on safety and security in their areas of operation, the study hypothesizes that: If child rights-based programming has a positive influence on safety/security, the projects studied that incorporate more of the key components of child rights-based programming will also be those that have a more positive influence on safety/security in their respective environments. The following chapters trace the study’s meth- odology and reasoning before moving on to the research findings, in particular the benefits and challenges of child rights-based programming in the projects under consideration as well as their possible impact on safety and security. Us- ing these findings, the study concludes by offer- ing recommendations to various stakeholders. 15 Theoretical Considerations & Methodology Human Rights, Child Rights-Based Approaches to Development Child Rights & Security: Theoretical Considerations A child rights-based approach to development is a version of a human rights-based approach that explicitly focuses on children’s human rights Since the end of the 1990s, different human with the United Nations Convention on the rights-based approaches to development have Rights of the Child (CRC) as its frame of refer- been used by United Nations agencies, national ence. The status of an individual as a child affects development actors and various international his/her position as a rights-holder, especially in and national non-governmental organizations relation to civil and political rights, but there are (NGOs). The development of these numerous also special rights identified for children within approaches led the United Nations Develop- the Convention, such as protection rights, as ment Group (UNDG) to adopt a Statement well as the principle of the best interest of the of Common Understanding on Human Rights- child (Lansdown 2005). Based Approaches to Development Coopera- tion and Programming (hereinafter the “Com- A general human rights-based approach and mon Understanding�) in 2003. This Common a child rights-based approach differ in their Understanding sums up the main aspects of a respective concepts of the duty bearer. In human rights-based approach: international human rights law, the sovereign state bears the main responsibility to ensure its h All development programs, policies inhabitants their human rights, something that and technical assistance advance the realiza- is commonly mirrored in human rights-based tion of human rights as laid down in interna- approaches. In child rights-based approaches, tional human rights instruments; other stakeholders are also identified as duty h Human rights standards contained in, bearers. As Jonsson (2003) puts it: “The CRC and principles derived from, the international is an exception, because the parents (or other human rights instruments guide all develop- care-takers) are also recognized as duty bear- ment cooperation and programming in all ers.� This is an interpretation of article 3(2) in sectors and in all phases of the programming the CRC, which says the State must: process; and (…) undertake to ensure the child such protec- h Programs of development cooperation tion and care as is necessary for his or her well- contribute to the development of the capaci- being, taking into account the rights and duties ties of duty bearers to meet their obligations of his or her parents, legal guardians, or other and those of “rights-holders� to claim their individuals legally responsible for him or her, and, rights. to this end, shall take all appropriate legislative and administrative measures. This view on duty bearers is adopted by orga- nizations such as Save the Children Sweden and UNICEF in relation to parents. This means that when parents are addressed in their roles as duty bearers, their own human rights must be- come an integral part of the child rights-based 16 programming, since they will not be able to as compromised by its relationship with certain ensure the rights of their children if their own donors and/or development actors. rights are not respected, protected and fulfilled. The next step for the organizations then is to As such, some criticism of the use of human assess and develop strategies that strengthen rights-based approaches in development has the capacity of rights-holders to claim their argued that these approaches risk “politicizing� rights and of duty bearers to fulfill their obliga- development actors’ work and complicating tions. their relationship with the host government (Birdsall 2007), something that is especially As with human rights-based approaches in gen- problematic in conflict-affected areas. On the eral, there is no template for child rights-based other hand, it can be argued that all develop- programming but rather a range of different ment work might be viewed as political due to interpretations and manners of operationaliza- its interventionist character and allocation of tion. Even the name of the approach differs be- resources and power. All development program- tween the organizations and some of the terms ming that addresses non-discrimination, partici- are used interchangeably and are listed below: pation and accountability seriously will undoubt- edly disturb the status quo, while not being h Child rights-based approach to pro- “political� in terms of party politics per se. gramming (CRBA), used by UNICEF h Child rights programming (CRP), used Defining Security by Save the Children Sweden Since this study is concerned with questions h Child rights-based programming ap- of impact on safety/security in conflict-affected proach areas there is a need to define security as it is h Child rights-based programming used here. Traditionally, definitions of security have focused on the integrity or survival of a state and on the kind of threats that pose The Relationship between Child clear and immediate threats to the state, such Rights-Based Programming in Conflict- as interstate war or civil unrest. The individual Affected Areas and Safety/Security person has not been the subject of this type of security analysis and rarely enters into it except Development work in conflict-affected areas as a potential soldier or threatening militant faces special challenges ranging from vari- opposition. After the end of the Cold War, a able disruptions in everyday life to influxes of variety of more inclusive definitions of security refugees and/or internally displaced persons emerged that allowed for an incorporation of (IDPs) and outbreaks of violence—all put- the safety and security of the individual and the ting extra stress on already difficult interven- community into the analysis. tions. Relationships between organizations and governments are especially complex in areas “Human security� is one of the more common- of conflict, where development actors can find ly-used concepts that encompass these changes themselves either too proximate or in opposi- in our understanding of security. It was intro- tion to the government. There is also the danger duced on the international agenda in the 1994 that organizations become substitutes for the UN Human Development Report that stated state in implementing the rights of children. that the subject of security should be the hu- The government’s independence may be seen 17 18 Rights-Based Programming for Children in Conflict-Affected Areas Types of Security Type of Security Reference Responsibility Possible Threats Object to Protect Traditional Security The state The integrity of the Interstate war state Nuclear proliferation Civil unrest Individual Security The individual and The integrity of the Disease the community individual and the Poverty community Natural disaster Violence Landmines Human rights abuses Human Security Human beings Life and well-being of All of the above human beings man being and should comprise economic, physical, able state security. Human rights define what environmental, community and political aspects of acceptable state behavior is and in times of ques- security as well as food and health security.3 In this tionable human rights compliance the public may sense “human security� is closely related to human challenge state legitimacy, contributing to insecurity rights in that it spans over all aspects of daily life. for both individuals and the state. Following this However, it is also clear that “human security� (fo- line of argument, it is essential to build durable cusing on the life and well-being of human beings) systems for monitoring human rights violations and and traditional security (focusing on the survival claiming rights through legislation and policymaking, and development of the individual state) are inter- since these kinds of systems have the potential to related and mutually dependent. A state experienc- build (or restore) trust between a state and its in- ing civil war or unrest does not constitute a safe habitants. This, in turn, adds to an environment that environment for its inhabitants more than a popula- promotes and facilitates continuity and safety. tion suffering from political suppression or hunger provides a state with a predictable security situa- Child rights-based programming is aimed at con- tion. tributing to state compliance of children’s human rights, and thus the development of structures that Human security, with its relationship to state promote human security indirectly through human security on the one hand and human rights on the rights. This study aims to examine this relation- other, is a concept that can link human rights-based ship further by reviewing how child rights-based approaches to state security. It can be argued that programming affects safety and security in areas of respect for human rights is necessary for sustain- conflict, if at all. “Security� as used in this report refers both to 3 It can be defined as “a situation/condition free of human security and more traditional security, al- injury/threats to an individual’s, group’s, or community’s well- being, including freedom from threats and/or direct attacks on though human security will be the starting point for physical and psychological integrity.� See Conteh-Morgan, 2005. the analysis as it is both more in line with the idea 19 of human rights as such and more easily related to the individuals and communities involved in the selected projects. Community leaders 3% Underlying Hypothesis of the Study National officials 3% Staff of focus Using the ideal model of child rights-based pro- organizations gramming that was created for this study and given 9% the relationship between human rights and human security elaborated above, this study adopts the following hypothesis: If child rights-based programming indeed has a positive influence on safety/security, the projects that Parents 10% display more of the key components of the “ideal� child rights-based programming will also be more Children 54% likely to have a positive impact on safety/security in their respective environments. Staff of implementing organizations 21% Selection of Projects All projects that form the empirical base for this study were to be situated in conflict-affected areas in the MENA region. Since any area affected by Study Interviews conflict tends to experience some level of insecu- rity, contested authority and legitimacy, diminished national capacity, forced displacement/refugee situations and/or the need for shorter time-frames for duty bearer responses, these kind of areas are challenging for all types of development work h explicitly used some kind of child rights- regardless of programming. Consequently, this kind based programming in their documentation; and of environment provides a real test for child rights- based programming. h been implemented for at least one year, focusing on basic schooling or other child- or Moreover, these projects were to be considered youth-oriented activities. good examples of the operationalization of child After this first round of selection, local partner rights-based programming, both in regard to their organizations and community-based organizations day-to-day work and their outcomes. In order to engaged in the projects were also included in the meet this condition, the projects were selected in discussion. Finally, seven projects in three countries cooperation with four organizations working with were selected for the study. All of the projects different versions of child rights-based program- selected were part of broader and longer-term ming (hereinafter called “focus organizations�). Save programs for holistic child rights-based program- the Children Sweden, UNICEF, Naba’a and Defence ming. This meant that the selected projects might for Children International were all asked to select not include all the key components of ideal child projects to be examined in this study. The projects rights-based programming, even though the overall were to have: program might do so. 20 Rights-Based Programming for Children in Conflict-Affected Areas Research Method In order to grasp the qualitative aspects of child rights-based programming that might distinguish it from other kinds of programming both in its operational practice and in its outcomes, qualita- tive methods were used for both data collection and analysis. This was in order to be able to answer questions like why and how—not just what, where and when. The qualitative nature of the study means that it cannot be used to draw general conclu- sions but can be used to give a detailed and deeper picture of the benefits and challenges of applying processes like child rights-based programming in conflict-affected areas and specific outcomes that may be related to the usage of such processes in relation to safety and security. To develop a thorough empirical understanding of the practices of the selected projects, semi-struc- tured interviews and focus group interviews were carried out with children in focus of the individual projects and their parents, staff engaged in the proj- ects on different levels, as well as public officials ac- tive in the project areas. Besides the interviews, the study reviewed documents that framed the prac- tices of the projects, e.g., organizational strategies on various levels and program and project plans. A boy works at the blackboard in Lebanon. © Save the Children 21 An Ideal Model for Comparison: Child Rights-Based Programming & Its Key Components “ Child rights-based programming� refers gen- erally to all development programming based on the CRC. Since the focus organizations h Taking into account all four guiding principles of the Convention on the Rights of the Child in this study do not use the same concepts between themselves to describe the process of h Local ownership, partnership and operationalizing child rights in their develop- participation5 ment work, it has been necessary to develop a Child rights-based programming can be said to theoretically-based ideal of “child rights-based be an attempt to operationalize the CRC in programming� to be used in the study as a practice; all key components of such approaches model for comparison. are derived from the CRC. The following de- This “ideal model� was developed through a scribes these components in detail. review of existing guidelines, handbooks and theoretical literature on child rights-based ap- 1. Child rights situation analysis proaches, with the aim of finding the common denominators between these approaches.4 The A child rights situation analysis forms a com- conclusion was that in order for a development prehensive basis for the planning and implemen- project to be child-rights based, it should ideally tation of all programs, projects and activities. contain: A child rights-based situation analysis must therefore not only focus on the actual rights h A child rights situation analysis situation per se, but also include an analysis of h A clear and outspoken child focus the underlying causes for the non-realization of rights and the existing power relations between h Active inclusion of marginalized, disad- duty bearers and rights-holders. A thorough vantaged, or excluded groups understanding of the capacity of different duty bearers, their knowledge of child rights and h Identification of different kinds of duty their political ambitions is indispensable to bearers determining future programs and project objec- h Explicit child rights objectives, measur- tives. Data should preferably be disaggregated able goals and targets by gender, age, geographical spread etc. both in the situation analysis and in the monitoring and h Monitoring and evaluation carried out evaluation phase, if this can be done without using child rights-based principles and indica- harming the integrity of individual children or tors parents. 4 See for instance Hamm (2001), Miller (2010), 5 For an overview of the key components and Jonsson (2003) and handbooks from The Danish Institute their sub-components, see Appendix A. for Human Rights, Save the Children, Plan International and UNICEF. 22 2. A clear and outspoken child focus 4. Identification of different kinds of duty bearers Agency and the empowerment of children and youth is another essential component of child Child rights-based programming should differ- rights-based programming. This aspect requires entiate between different duty bearers such as organizations to incorporate the unique circum- state officials, parents, development organiza- stances of children and youth in all phases of tions, community leaders and teachers. It is also their projects and programs and to use empow- important to assess the different duty bearers’ ering language that facilitates the strengthening capacities and/or political will to fulfill these of agency. rights, as well as their awareness of international and national legal systems concerned with the rights of children. It is also important to clarify 3. Active inclusion of marginalized, the relationship between various duty bearers disadvantaged, or excluded groups in order to support them in their roles and responsibilities. Marginalized, disadvantaged and excluded groups should be actively included in the analy- sis and formulation of program/project objec- 5. Explicit child rights tives, as well as in the development of various objectives, measurable goals and targets activities. Children and youth who are system- atically denied their rights or whose rights are Because human rights address fundamental down-prioritized, who are not legally recog- issues, it is almost impossible to find a develop- nized as rights-holders or who are ignored by ment project that does not touch on some area official government structures, and children who of human rights or deliver a service that fulfils belong to minority groups at risk of discrimina- a right, even though said rights might not be tion or who are economically deprived are all specifically addressed as such. Child rights-based examples of these kinds of rights-holders. programming, however, should explicitly relate 23 24 Rights-Based Programming for Children in Conflict-Affected Areas measurable goals and targets of both a project’s Therefore, these four general principles must also process and outcome with human rights. The objec- permeate child rights-based programming regard- tives of a specific project or program should be less of the specific focus of the intervention. clearly framed in relation to the rights that are to be strengthened. 8. Local ownership, partnership and participation 6. Monitoring and evaluation using child rights-based principles and indicators To enable long-lasting and sustainable outcomes, child rights-based programs and projects should The objectives of a project in child rights-based create and sustain strategic partnerships with programming should also be monitored and evalu- the communities, civil society, host states and the ated using child rights-based principles and indica- private sector. Especially important for child rights- tors. If not, there is a risk that the objectives will based programming is participation by children in not be truly operationalized within the program identifying the challenges/rights violations that the structure. The establishment of human rights indica- project will target as well as in planning of proj- tors relating to the objectives and goals is therefore ect activities. Generally, participation in the initial paramount. Rights-based monitoring and evaluation phases of a process creates more comprehensive should also guide the planning and implementation ownership. of future projects and programs. Moreover, pro- gramming should be evaluated in a way that ensures To summarize, an ideal project using child rights- that children and youth participate and feel that based programming should display the above key their views are taken seriously. components during preparation, implementation and final goal achievement. 7. Taking into account all four guiding principles of the Convention on the Rights of the Child Selected Projects & Their Contexts Four rights named in the Convention are consid- ered general principles guiding the interpretation The projects selected for in depth study were of all other rights in the Convention. According to seven projects run by the four focus organiza- these principles: tions, Save the Children Sweden, Naba’a, UNICEF h all the rights guaranteed in the Conven- and Defence for Children International and their tion must be available to all children without local partners in Yemen, Lebanon and the occupied discrimination of any kind (Article 2); Palestinian territory.Yemen and Lebanon are parties to the Convention on the Rights of the Child, as is h the best interests of the individual child Israel, which has occupied the West Bank and Gaza must be a primary consideration in all actions Strip since 1967. The Palestinian Authority (PA) and concerning children (Article 3); the Palestine Liberation Organization (PLO) have also ratified the Convention but are not official h every child has the right to life, survival parties to it. and development (Article 6); and h the view of the individual child must be The projects studied in Yemen and Lebanon incor- considered and taken into account in all matters porated components that address refugee and IDP affecting him or her (Article 12). stakeholders, thus meeting the study’s definition of working in conflict-affected areas. The projects in the oPt, however, did not incorporate refugees and IDPs per se, but the region is in other aspects more classically identified as a conflict-affected area. 25 Lebanon: Geographical Context and for children identified in UNRWA schools as being Projects in need of extra support, reaching 180 children in Nahr El Bared and Beddawi camps. Projects A, D and E are all geographically located in one, or both, of the Palestinian refugee camps Nahr Project C, affecting 1,600 persons over three years, El Bared and Beddawi in Northern Lebanon. In is based in the southern suburbs of Beirut. Project 2007, conflict within Nahr El Bared led thousands C seeks to ensure the availability and accessibility of refugees to flee to Beddawi camp, doubling the of formal and non-formal education for Iraqi refu- population there and resulting in immense pressure gee children in Lebanon. on housing and services. Project A is managed by a community-based Yemen: Geographical Context and Project protection network seeking to protect Palestinian children from violence, abuse of power and dis- The governorate of Sa’ada is located in northwest crimination. Some 1,700 children have participated. Yemen. Since 2004, it has been the staging ground Project D, run by Naba’a, seeks to reconstruct one for a conflict between the Al Houthis, an anti- of the residential areas that was destroyed dur- government insurgency movement, and the Yemeni ing the Nahr El Bared crisis, affecting 11 families of army. In 2009, this conflict escalated and 250,000 558 persons. Project E facilitates remedial classes Focus Organization Name of the Project Country Save the Children Sweden A. Protecting the rights of Pales- Lebanon tinian children affected by armed conflicts through community- based mechanisms in the Gaza Strip and North Lebanon Save the Children Sweden B. Child protection/education Yemen project – Sa’ada Emergency Save the Children Sweden C. Ta’leem Youth Lebanon Naba’a D. Reconstruction of the Mohajar- Lebanon een area project UNICEF E. Remedial education project Lebanon in the Scout Centre in Nahr El Bared and Beddawi UNICEF F. Creating Adolescent-Friendly occupied Palestinian Spaces territory Defence for Children G. The Protection and Community occupied Palestinian International Mobilization Program territory *The organizations and projects studied are detailed in Appendix B 26 Rights-Based Programming for Children in Conflict-Affected Areas individuals were forced to leave, becoming IDPs in Amran. Project B serves a number of objectives: provid- ing education and school supplies, the running of tent schools and support for children to enroll in nearby schools, and the establishment and opera- tion of child-friendly spaces that offer psycho-social services as well as non-food items like children’s clothing and life skills training. It has affected an estimated 10,000 children. Occupied Palestinian Territory: Geographical Context and Projects Projects F and G are being implemented in the oPt, which is comprised of the West Bank and Gaza Strip. Each of these areas was occupied in 1967 and has large groups of children and youth, many of them refugees or IDPs that face numerous obstacles including achieving freedom of move- ment, access to education and health and lack of protection from violence. Project F facilitates Adolescent Friendly Spaces with the goal of creating a policy and program- matic environment that allows adolescents to use their full potential and participate in national de- velopment. The spaces have impacted over 50,000 young people through the outreach of four Pales- tinian NGOs and 93 community organizations and youth centers. Project G works on protection and community mobilization in partnership with the Palestinian Network for Children’s Rights, which consists of 60 community-based organizations. Iraqi refugee boys in Lebanon © Save the Children 27 Analysis: Benefits, Challenges & Security Implications of Child Rights-Based Programming in Conflict-Affected Areas T his section explores how the seven projects in focus relate to the ideal model of child rights-based programming in order to discern be set by the organization’s overall program- ming. When an emergency situation occurs in a region where the implementing organization the degree to which their operational prac- already has carried out a child rights situation tices adhere to the ideal model. This was done analysis, the existing analysis may constitute an through an analysis of the documents of the important (and child rights-friendly) tool. respective project and the interviews conduct- ed with children, parents, staff and other duty Another staff member interviewed proposed bearers related to each project. ways of adapting to produce a child rights situa- tion analysis in emergency situations: “It is not really complicated. It is not that you Child Rights want to go and do a survey [...] There are tools Situation Analysis ready that you can adapt. [...] You adapt the tools, you train the people that will go and work with the children for a couple of hours. Since you In general, the organizations participating in have an emergency, instead of having six-day this study have extensive work experience in trainings, you can have the basics in two-hour the countries under examination and are thus training [...]. If you just respond, you may be well-informed of the respective national legal causing more harm to the community than systems and their commitments to international benefits.� human rights law. All types of child rights-based programming aim Still, the process of doing a proper child rights at creating sustainable structures, however, it ap- analysis takes time and thus can be an obstacle, pears that this aim is addressed quite differently especially in situations that demand a quick in emergency situations. response (as often is required in conflict areas) or where rights-holders are not protected. To “It is almost easier in emergencies because you be conducted properly, a child rights situation do some activities with the children and then ev- analysis should incorporate the participation of erybody is happy, […] in a development project children; in any situation, this takes additional you have to be much more formal and much planning and care. more official and you have to do your official meetings and stuff like that before you can start In emergencies Most of the respondents a project. So that is the advantage with child working in emergencies expressed that the protection in emergencies, you can immediately child rights-based approach does not play an build in the listening to children.� active role in their planning. For example, one staff member said that “pure emergency [plan- Lack of protection Conducting a good child ning] is not, if truth be told, rights-based, it is really rights-based situation analysis may be particu- about needs.� However, other staff members larly challenging in a context like Lebanon, a interviewed disagreed, saying that even if a country which is not party to the Convention child rights situation analysis is not conducted relating to the Status of Refugees. The fear of in- in emergency situations, priorities can easily 28 carceration experienced by recent refugees may Clear & make it difficult to conduct proper assessments (of the number of refugees, their whereabouts Outspoken Child Focus and their most urgent rights violations). The projects all took the specific circumstances Perceptions of donor requirements Con- of children into account in their practice. This ducting a rights-based situation analysis may was especially clear when it comes to the kinds challenge the existing format for funding appli- of activities, and time and place they were con- cations. According to respondents, many donors ducted. ask for more general quantitative-based analyses and needs assessments and do not expect appli- Practice reflects rights In numerous instanc- cants to use the attainment of human rights as es, projects incorporated practices specifically goals or indicators. Funding applicants, while not attuned to child rights and children’s circum- asked directly about this, expressed hesitancy to stances: use rights language in their funding applications, fearing it would jeopardize the application. This h Protection – Projects in Yemen and may constitute a challenge for organizations the oPt, in particular, changed the location that seek to integrate and adopt a rights-based of their activities when participating children framework for their programming, since the ap- expressed feelings of insecurity at the first plications and the donors’ requests tend to set location. the project objectives. h Gender balance - To various In conclusion, the child participation component degrees all focus organizations and their is particularly time- and resource-consuming partners developed strategies to reach and a greater challenge in specific contexts. both boys and girls through the activities Nevertheless, practitioners considered it valu- by building relationships with parents, hiring able to create sustainable actions appropriate to female facilitators to strengthen the gender the context. In the words of one, “We could have balance, and ensure that activities for female started [with the activities] two weeks ago, but we rights-holders met cultural expectations. At really want to understand the situation, to hear the the same time most organizations sought to children, to work with the local municipality, the duty conduct coeducational activities, or activities bearers, and the ministry. [This process] takes more that incorporate both boys and girls at the time from our staff, also from the community, but it same time. also lasts longer.� h Child expression and participa- tion - Additionally, organizations recog- nized rights-holders’ unique views by ask- ing children and their parents about their perceptions and experiences of conducted activities. Through interviews with children and parents, the study found that activities addressing the right to education were well- 29 30 Rights-Based Programming for Children in Conflict-Affected Areas appreciated by children. In Lebanon, interview- stepping stone in the creating of sustainable struc- ees noted the lack of sufficient educational tures, agency and trust, which in themselves are possibilities but acknowledged that the organiza- necessary building blocks for all sustainable devel- tion in question was contributing to fulfilling the opment endeavors. right to education. Incomplete integration of a child focus The h Right to play - Several of the projects written documentation of the organizations in also focused on the right to play, alone or in focus indicated, however, that the projects had combination with education. According to the not yet fully embraced a discourse based on child staff of the focus organizations, meaningful rights. “Beneficiaries� was still the most common extracurricular activities had a beneficial effect term used when referring to rights-holders target- on the mental and emotional development of ed by the projects. Phrases such as “unmet needs� children and youth and allowed them to release were used to describe violations of the right to some of the psychosocial pressure created by education, physical security, etc. These remnants living in stressful situations. One Yemeni mother of a needs-based discourse were also apparent in emphasized the influence of these extracur- interviews with staff from the focus organizations ricular activities on the overall development of and their partner organizations. This indicates that her children: “At first when we arrived in this area the necessary discourse of child rights-based pro- my sons were very afraid and shy and they couldn’t gramming is still developing and requires constant go out or speak to other children.They didn’t meet capacity building to permeate all levels of practice. any of their neighbors. But now that has changed, they go out and they have even become physically In summary, a clear and outspoken child focus stronger.� ensures that the situation of children and their rights are kept at the center of a project’s opera- Creation of sustainable structures Apprecia- tional practice. By acting in line with child rights tion for activities may not in itself distinguish child throughout, programming appears to create agency rights-based activities from activities arranged by in rights holders that sustains beyond the project’s other organizations not working specifically with life. Relatively minor adjustments to include both child rights-based programming. What distinguished children and parents in activities are important the projects in focus was that many of the children since they become proof of the project’s engage- interviewed (particularly those in the oPt) did link ment, thus creating local support for the project the project activities with child rights. This indicates and its aims. that educational activities carried out using child rights-based programming may generate agency within children and youth. One boy interviewed expressed this in his own as: “We have the right Inclusion of Marginalized, to come here and study, and we have the right to do activities and play.� Disadvantaged & Excluded Groups This facilitation of agency, which in turns builds and sustains operational practice, embodies the move from a needs-based discourse to a rights-based Most staff members interviewed indicated that the one, where rights-holders play an active role in inclusion of all children in the projects regardless shaping projects. A particularly telling example of of their legal or societal status was of key impor- this was the participation of youth and children in tance. This concern was emphasized particularly in designing a reconstructed neighborhood on the relation to the status of refugees and IDPs within border of a Palestinian refugee camp in northern their host communities, as indicated by this staff Lebanon, where extensive work was done to incor- member: porate children and youth. This serious engagement “We want to ensure inclusion. For example, when with rights-holders and their parents, etc. was a we work with refugees and the donors ask for a 31 “ specific focus on refugees (like the case with the Iraqis) our partner tells us only you [the organiza- A clear and outspoken tion] accept to have some [children from the host child focus ensures that the community]. Others [organizations] they don’t accept to fund part of projects that include non- situation of children and their refugees� rights are kept at the centre of Refugee rights under a child rights frame- a project’s operational practice. work The inclusion of the refugee children, men- By acting in line with child rights tioned in the quote, was generally carried out by throughout, programming ap- creating and upholding safe physical spaces where children could study or play, in combination with pears to create agency in rights awareness-raising activities aimed at children and holders that sustains beyond the parents on the rights of all children, and openly articulated advocacy towards duty bearers on dif- project’s life.� ferent levels. An interesting example of this kind of work was found in the project concerned with Iraqi refugee children’s schooling. Here, the focus organization negotiated with the Lebanon’s Ministry of Educa- tion to find ways to fulfill these children’s right to education, taking their status as children rather than refugees as a point of departure (since Leba- non is not party to the Refugee Convention). These negotiations led to a government memorandum granting all Iraqi refugee children the right to edu- cation by enrolling in Lebanese public schools. At the same time, Iraqi school children were receiving, through the work of local partners, education and training on children’s rights, thus creating a top- down, bottom-up structure for the implementation of a new policy and sustainable change. Facilitating human security In the situation described above, the focus organization was an interpreter and facilitator that constructively communicated local knowledge of the precarious situation of the Iraqi children to the official state duty bearers. This role of interpreter/facilitator can be important in order to start building trust and dialogue between rights-holders and duty bearers. When it comes to the inclusion and protection of marginalized groups, cooperative approaches are especially important, since all levels of society must demonstrate political will in order for the efforts to be sustainable. Once these channels are working other rights issues probably can be raised and dealt with in a similar manner, a manner that influences human security positively. 32 Rights-Based Programming for Children in Conflict-Affected Areas In insecure contexts where political agendas may focus organizations in this study all, to various de- be constantly changing and emergencies follow one grees, sought to build capacity among governmental after another, the sustainability of such dialogue duty bearers as well as the staff of implementing is more challenging. The inclusion of marginalized partner organizations. Some projects conducted groups (e.g. refugee children) generally requires awareness-raising among children, parents and the not only clear political will but also extra funding in community. order to be sustainable. The state as a duty bearer In many of the proj- Perspectives on sustainability However, the ects in focus, the organizations themselves faced very idea of creating sustainable and durable solu- challenges in identifying the state as the legal duty tions for refugees or IDPs sometimes met with bearer for the rights of children (for example, when resistance during interviews with staff members, the state has not ratified fundamental human rights community leaders and parents. Some respondents treaties, when reservations have been made against feared that creating a long-term project would specific articles, or in contexts where the political seem to accept the current situation and abandon situation is very sensitive). One staff member work- aspirations of returning “home� or returning others ing with Palestinian children in Lebanon stated that: home. These viewpoints pose a methodological challenge for projects aiming to create sustainable “There is no clear accountability for the Palestinians. structures, since support for this aim may not be They are under UNRWA, as a duty bearer, but to shared by all staff members or the host community. what extent and how is it in practice? [...] I find it This challenge may add an extra dimension of ten- very complex to analyze who is a duty bearer, who sion in an already-strained setting. has responsibility. Usually it is very clear that the government is a counterpart. [...] In the Palestinian In conclusion, the need to include children regard- context, you don’t have any government but you less of background and legal status in projects have UNRWA, who is a duty bearer for a certain appeared to be vital to the child rights program- number of things, but they don’t have the same ac- ming approach. The influx of refugees or IDPs or countability as the government. It is a little bit more the coexistence of groups that do not generally mix complex.� leads to societal conflict. If projects succeeded in including marginalized groups into regular activi- It may also be that a state was identified as the rel- ties rather than creating special projects exclusively evant duty bearer but the probability of it adopting for these groups, their integration was shown to its responsibilities were viewed as unlikely. Facili- normalize relations between the different children. tators at one of the organizations working with This achievement has great potential for diminishing Palestinian children in Lebanon expressed a lack of the probability of conflict among different groups. faith in international mechanisms: The main challenge to including refugees and IDPs in mainstream activities appeared to be fear among “[They] talk about international conventions and in- refugees and their host communities of making the ternational principles and standards to be respected, situation permanent. but each individual has the right to have a state, to have an ID and so on. So how can we believe in and live by these principles and at the same time the international community, the international organiza- Identifying Duty Bearers tions who are supposed to provide us with these rights are not providing them?� The first task for any project, in order to provide support for and advocate towards duty bearers, is These kinds of attitudes generally lead to a situ- to identify the relevant duty bearers in relation to ation where legal duty bearers (like the state in the children in their area. The identification of duty question) are not held to account, something bearers is also paramount for rights-holders, in that constitutes a challenge for child rights-based order for them to be able to claim their rights. The programming. Even when knowledge of children’s 33 A boy and girl participate in an art activity in the occupied Palestinian territory © Save the Children 34 Rights-Based Programming for Children in Conflict-Affected Areas rights is present among the staff and parents, cyni- of their children did not extend beyond them- cal understandings regarding their potential for selves, the community and/or the organizations instigating change create a vacuum and negatively working on the projects. This knowledge gap influence the motivation to protect and advocate may indicate that parents in some cases need for rights. more support from organizations to understand their role as duty bearers. Parents as duty bearers Parents are recog- nized as duty bearers by the CRC, as stated above. h Parents as rights-holders - It is impor- Parents are generally understood to have a duty to tant to recognize that parents are rights-holders promote and respect the rights of their children as well as duty bearers. One organization but cannot be held accountable for implementing employee mentioned the vulnerable state of all aspects of their children’s right to education, for parents when asked if realizing child rights is the example the provision of school facilities and teach- responsibility of the government or the commu- ers’ salaries. However, they can be held accountable nity. “No, at the lower level [the responsible party] for allowing their children to attend school and is the parent. But from the NGO perspective, it is making sure that children have time to do their not the parent; parents are also victims. […] If the homework, etc. father is unemployed due to politics, he is a victim like his child. And being jobless also affects the child h Among children - When asked who because their rights are tied together.� is responsible for fulfilling their rights, the vast h Rights tied to duties - In all the proj- majority of the interviewed children answered ects, children were taught about their duties in the following order: their parents, their towards their families in conjunction with their extended family, their teachers/facilitators at rights. For example, the child’s right to educa- the project centre and the community. Some of tion was presented as linked to his/her duty to them, especially the older children and youth, study well and respect the teacher, while the also recognized the state and the NGOs work- child’s right to the best attainable health care ing in their area as duty bearers. (A few of the was paired with his/her duty to take good care children also mentioned themselves or God as of him/herself. All the children interviewed were responsible for the fulfillment of their human familiar with both their rights and what was rights.) One organizational staff member said: perceived to be the duties associated with these “Duty bearers are often seen as government, etc. rights. However, this way of teaching rights may We see [them] as much lower down than that, have the unintended consequences of creating especially in terms of children’s rights, with parents a conditional understanding of human rights as duty bearers.� A father commented: “In fact, among the children. Some children thought of the family is a small government, but we also have their rights as something that could be taken the umbrella of a big government that should first away if they did not fulfill their responsibilities. provide all the rights of the parents, then we can For example, one child said: “When you do your provide our children with their rights.� duties, you can have your rights.� h Among parents - The majority of the Organizations as duty bearers All organizations parents interviewed in this study recognized implementing the projects in focus adopted the themselves as primary duty bearers. All of the role of duty bearer in relationship to their work. parents interviewed were familiar with the This role includes the obligation to respect, protect rights of the child, if not before project activities, and fulfill the rights of the children participating in from their children after taking part in the proj- their projects. ect. The level of knowledge varied widely among parents, however. The majority could not identify h A possible challenge to state duty bearers up to the government level and authority - The relationship between the legal their understanding of mechanisms for respect- duty bearer and the organization is, within the ing, protecting and fulfilling the human rights organizations, generally seen as unproblematic. 35 According to a staff member: “I think [the rela- Interviewees expressed an awareness of the tionship] is complementary actually. And I think that problems posed by short-time projects in areas we have not undermined the government.We are where long-time engagement is of essence: “I not paying the teachers.They still have to provide all think you can do some damage control by always of those sorts of things.� keeping in mind that you, as an organization, are a foreign body. I mean, your organization is completely However, a majority of the children and youth dependent on its funding and without the funding it interviewed stated that they come to the proj- cannot do anything.� ect centers because its facilities fulfill some of their rights, e.g. the right to play, the right to ed- h Capacity-building among legal duty ucation, the right to development and the right bearers - Ideal child rights-based programming to participate in decision-making. Some chil- requires that organizations work with the legal dren said that they like to attend the activities duty bearers in awareness-raising, training and because the facilitators treat them with respect advocacy, a condition that may be hard to realize and without violence. In this aspect, the projects in practice. However, all the focus organizations, create a “mini state� where the organizations i.e., Save the Children Sweden, UNICEF, Naba’a, are recognizing the rights of the children and and DCI facilitated, sponsored or conducted where the rights function as a contract between capacity-building for all identified duty bearers. the organization and the individual child. A prac- The impact of this kind of capacity-building was titioner at one of the organizations described noticeable in an interview with one duty bearer the situation as such: “Since our government can- in the oPt who used extensive rights language not fulfill all the needs of the schools, organizations and made clear references to the CRC when like X and Y are taking care of the responsibilities. In talking about his work in the government. It this way, the children get their rights.� later turned out that this specific respondent had received child rights training sponsored and This may indicate a problem since the parents facilitated by one of the focus organizations. and children in general appear to be less aware of the ultimate duty bearer (the state), which h International advocacy - From the may re-direct a pressure that should be placed perspective of local partner organizations, child on the state rather than on the organization. rights advocacy carried out by an international NGO is often a positive experience. One staff On the other hand, organizations that comple- member of a local partner organization said: “For ment or replace the work of legal duty bearers, the local NGO, it is hard to do advocacy work—to through their projects may constitute a stabiliz- shout towards the [Israeli] government. […] Please, ing factor in the sense that they are fulfilling the come on, we want you [the focus organization] to rights of children that otherwise should have shout.You are European, no one will say anything to remained unfulfilled. An organization can in such you, but they will put us in prison.� Local partners circumstances have a clear positive impact on appreciated that the larger international organi- human security in the communities where it is zations are able to give voice to their concerns. active. In sum, the organizations’ self-proclaimed respon- h Importance of sustainability - How- sibility complemented or sometimes even replaced ever, this issue makes it vital that responsibilities (or at least challenged) the legal duty bearer’s re- are gradually transmitted to the local com- sponsibilities within the framework of the individual munity, which in turn requires projects and projects. In this way the state, the legally-responsi- programs to be of adequate duration. One staff ble party for the implementation and protection of member said: “Improving communities needs long- children’s human rights, may have been perceived term intervention, not just an imaginary ‘swoosh’ and as having been released from aspects of its respon- everything will be fine.� sibility towards rights-holders, knowledge about where to claim rights may have been obscured or 36 Rights-Based Programming for Children in Conflict-Affected Areas state authority contested. Staff of the organizations objectives in human rights terms may in itself be themselves stated that they believed they had medi- controversial in conflict-affected areas and there ated these risks. are different views among staff, children and parents over whether a language of rights in day-to-day ac- To conclude this section on the importance of tivities is of essence or even wise. One respondent identifying duty bearers, all organizations in focus in favor of using child rights language saw it as an did so on several levels. The benefits of focusing on important asset for the refugee children in a certain duty bearers other than the state, such as parents, project: community leaders, development organizations, ap- pear to be that the rights of the child become the “[K]nowledge [of rights] make a big difference responsibility of all persons surrounding him or her. because it’s universal wherever they go; it is the one language that they [the children] can use, so this However, since it is the state that is the ultimate is why we have a strong focus on this component.� legal duty bearer in relation to the rights of the A teacher agreed: “It is important to train people child and generally also the only duty bearer with about these rights. Everybody should know them. enough power to take many of the actions neces- Teachers used to beat children as a punishment in sary to instigate sustainable change, it is important school, but now there are many alternative methods that all other duty bearers are aware of their roles [of disciplining children].� and responsibilities in relation to each other. Even if the state has been lobbied by the focus organi- In contrast, other staff members expressed fear zations through channels other than the studied that knowledge about their rights might put chil- projects, it is of essence that the children, parents, dren and youth at risk, since they could become local organizations and the community at large for frustrated and start demanding their rights, which each project knows about this work and the state’s in turn would generate conflict. This was most responsibilities. clearly articulated in the oPt. For example, one administrator said: “That is international law [children’s rights]. It is a Child Rights Objectives, work in progress.We are on a road but we cannot Measurable Goals & Targets say exactly how long the road is and where we are going to get to and how we are going to get there and so on. I mean you cannot really give those Clear, visible and measurable goals clearly relating answers to a child because there you have to be to the rights of the child are essential in order to careful so what we say is realistic and realizable— measure progress and to further develop the prac- especially for young people. Because the idealism of tice of child rights-based work. One interviewee a young person can be easily—I don’t want to say explained that: “The intervention itself is always linked manipulated—but can easily be overestimated.That to a violated right; this is what the intervention is based is really not helpful.That is when it becomes hurtful.� on. If you like, for us, it show[s] the track, where you are going to reach and to go.� To address this dilemma some projects developed a method of teaching about rights using the protec- Tensions over language However, the interview- tion principle. Rights were taught in a more indirect ees did not all agree that the use of rights-based manner and paired with suggestions of how to language was critical. One stated: “[Y]ou don’t need claim rights in non-confrontational ways. to say specifically—what is the right to education? For me, [not using the language] is not compromis- Demands to know more about rights On ing. Because if you just want to prove that you are a the other hand, several of the children expressed child rights-based programming organization and you clearly that they sought to learn more about child lose the possibility to intervene for the best interest of rights, with one interviewee stating: “Of course we the child, then this is not smart.� Expressing project need to know about our rights. How can we other- 37 “ wise demand them?� The idea that rights knowledge could generate frustration and then conflict among Several of the children children and youth was not substantiated by the in- expressed clearly that they terviews with children. A group of young males said: “When you know more, you do not feel frustrated— sought to learn more about you try to change […]. [T]he children all around child rights, with one inter- the world are so many. If they all know about their viewee stating: ‘Of course we rights, we could make a big change.� need to know about our rights. Parents largely shared these views. One father How can we otherwise demand interviewed in the West Bank told his own story to highlight the difference that rights knowledge has them?’� made in his family’s life. He himself was not aware of his rights when he was young. “My needs were not addressed in rights.The only right I knew about was the right to defend my country.� He tried to do this by throwing stones during the first intifada (the 1987-1993 uprising). He was arrested and spent a lot of time in jail and as a result missed out on his education. He still believed he had acted correctly because for him there was no other alternative. However, he felt that “there has been a develop- ment in society.The knowledge about child rights has improved.� As a father, he could see that his children have more role models than he had and as a conse- quence will be able to choose other options. Another parent, a mother and IDP, expressed the difference that knowing her rights and expressing them in rights language has made for her: “When my daughter is bringing home water and people from the community say to her that ‘You are an IDP, you don’t have this right’, she says ‘No, I have the right! I have the right to be free. I have the right to participate.This is my right.’ Now my children have more confidence.� In summation, reservations expressed by some organization staff about the use of human rights language and references did not appear to be mir- rored among children and parents. Moreover, to be able to measure progress and further develop the practice of child rights-based work, the project objectives and operations practice should ideally be expressed in child rights language. There are clear security issues to be dealt with in order to ensure that the children and youth are not harmed, but these are challenges to be met rather than avoided in order for the project to maintain a child rights- based nature. 38 Rights-Based Programming for Children in Conflict-Affected Areas Three Yemeni boys in Aden © Save the Children 39 40 Rights-Based Programming for Children in Conflict-Affected Areas “ Project staff members work- ing with refugee children and children from host com- Monitoring & Evaluating Processes & Outcomes Using Child Rights munities felt strongly that inte- Principles & Indicators gration and non-discrimination Children and youth also participated in the proj- were critical. If the children ects’ monitoring and evaluation procedures. The from the two groups got to majority of youth and children interviewed said that they felt their opinions were taken seriously know each other and played by the project staff. Methods used to incorporate together, they felt, it was easier the views of children and youth varied between to reduce xenophobia in the organizations and were dependant on the ages of the children involved. Some projects asked children community.� orally for feedback, while other organizations used questionnaires to gather relevant information. In some instances, children and youth themselves were in charge of the supervision of monitoring activities from a child rights perspective.Youths participating in these systems said their monitoring included, for example, inspecting the environment where activities were conducted to ensure their appropriateness from a child/youth and accessibility perspective. Challenges for transparency However, it should be noted that this type of participatory evalua- tion can be problematic when the participants are dependent on the project they are evaluating. Structures that allow open dialogue and candor must therefore be extremely well considered in these cases. Lack of evaluator knowledge Some of the staff interviewed said it was difficult to find evalu- ators and auditors familiar with child rights-based programming: “Usually it is very difficult to find a consultant who can do child rights-based programming [...].You have to explain how we see our role and the partner’s role.� This quote indicates a perception that child rights-based programming requires special competencies and knowledge of children’s rights. Evaluator lack of knowledge of child rights is more problematic if an open rights language does not permeate the project objectives and operations. In conclusion, the benefits of using child rights- based principles in monitoring and evaluating projects are most visible in the practice of child 41 and youth inclusion. Children are taken seriously rights. For example, they discussed how long a child and may also have a lot of information and ideas for has the right to play and the general understanding improvement that other stakeholders do not have. that this varies for boys and girls. Girls felt that they The challenge in this case is to create a monitoring had to “grow up more quickly� and had more respon- and evaluation process that is both accurate and sibilities in the household. In some areas, girls also achievable. expressed that they felt less support if they wished to continue their education. The knowledge of their rights in this regard, however, appeared to strength- en the girls’ confidence. One girl said: “We want to Fully Incorporate the study, too, and do things in the future.� Principles of Non-Discrimi- Creating trust and security As mentioned nation, Best Interest of the above, project staff members working with refugee children and children from host communities felt Child, Development & strongly that integration and non-discrimination Survival & Participation were critical. If the children from the two groups got to know each other and played together, they The right not to be discriminated against is felt, it was easier to reduce xenophobia in the a principle that was reflected in all projects, for community. Moreover, there were indications that example through the inclusion of boys and girls the joint activities of the children spilled over to in joint activities, or by ensuring the participation adults, who also got to know each other through of both refugee and host community children. To their children. This was especially apparent in the reach better gender balance, projects employed Yemen project where the integration of IDP and both male and female facilitators and made efforts host communities was initially a challenge. A group to create trust within the communities so parents of boys interviewed in Yemen said that they now felt safe leaving both their sons and daughters in “love� the IDP children that had recently arrived the care of the project centers. One mother in in the area “like their own brothers.� Even if this Yemen described how staff from the organization sentiment does not reflect their true feelings, it still where her daughter participated in activities made shows that discriminatory statements have become a home visit to talk to her husband. impermissible. This kind of integration of the dif- ferent groups was generally made by invoking the “At first my husband refused [to allow] our daugh- principle of non-discrimination in a situation where ter to take part in the activities.Then one of the discrimination appeared. The integration may in volunteers went to him and said that ‘we are going turn create trust between the groups necessary to to protect her and we are going to bring her back to avoid possible conflicts. the house’, and then he agreed to let her go.� Structural challenges It is problematic, there- Balancing lack of discrimination with cultural fore, that organizations sometimes faced structural sensitivity However, challenges remain in reaching challenges in implementing the principal of non- gender equality. All organizations balanced gender discrimination—especially in projects funded with equality with their wish to maintain the trust of the emergency monies. Some donors may have direc- community, which may be guided by other cultural tives to only target refugee children, for example, practices. If girls were not “allowed� to take part in since they are seen as living in a state of emergency. physical activities, like football or volleyball, in coed In projects working with these groups of children, groups, organizations chose to separate the girls it was clear that children from the host communi- from the boys in these activities, rather than accept ties were not much better off and the organizations the lack of female participation. and their staff felt strongly that if their projects had complied with this bias and only targeted the Many of the children and youth interviewed new arrivals, they would have created or increased brought up gender issues when talking about child existing tensions between the refugee and host 42 Rights-Based Programming for Children in Conflict-Affected Areas communities—the exact opposite of what the situ- and physical benefits from participation in the proj- ation required. Instead, the implementing organiza- ects. The children themselves stated that they have tions developed special strategies to include all area the possibility to learn new things and take part in children, for example, “mixing� funding to carry out activities like drama, art, music and life skills—all the projects in a non-discriminatory fashion. examples of strengthening a child’s right to devel- opment. Some staff respondents also mentioned discrimina- tion against children with disabilities and expressed In contrast, the principle of child participation the need for accessibility to activities for children was elaborated on extensively by staff in inter- with physical or mental disabilities. The study found views. For many of the interviewees, child partici- that those projects that were more decidedly based pation appears to be the essence of child rights on child rights principles were more inclusive of programming. Child committees, children’s boards children with disabilities. and networks were established or in the process of being established in many projects. The children Discrimination on other grounds such as class, reli- and youth interviewed were greatly appreciative of gion, sexual orientation, etc. were not mentioned by the possibility to initiate their own activities. One the respondents when asked about their work and group of youth interviewed on the West Bank said: non-discrimination. Issues of religion were likely “[I]t is important to be able to address our own needs. either irrelevant (in areas where all rights-bearers Participation is why we come here [to the centre].� The belonged to the same religion) or too politically participatory structures created within projects and sensitive to engage. Discrimination on the basis located at the centers created opportunities for of sexual orientation remains a deeply controver- personal development for children and youth. sial subject and would likely not be addressed by projects. The study found that there appears to be a tenden- cy to limit the participation of children and youth Few respondents interviewed referred directly to to initial child rights situation analyses and specific the concept of the best interest of the child. It participatory project activities during the imple- was expressed implicitly, but rarely clearly articu- mentation phase. It has proven more challenging to lated in either interviews or written documents. include children and youth in project design, which This may indicate either that there is a general un- is typically carried out by the focus organizations derstanding of the concept as unproblematic, that based on the situation analysis. Lack of organiza- there is a lack of knowledge about the concept, or tional capacity in community-based organizations that it is viewed as difficult to implement. One staff may be one explanation for this, as may be the respondent highlighted the need for a more explicit structures of large international non-governmental use of the concept: organizations. “This [best interest of the child] is something that To conclude, the organizations active in the proj- all the time needs discussion, because in our reality ects have developed quite substantial knowledge on the ground we have to take this interest into our and practice regarding non-discrimination and par- consideration while we are planning. In the process ticipation, while the other principles (the right to of legislating any law, children’s rights and the best life, survival and development and the best interest interest of the child should be taken into consider- of the child) are not elaborated or problematized ation.� to any substantial degree. Although the interview- ees appear to be most engaged in the principle of The principle of the right to life, survival and child participation, the study found the projects’ development was also not referred to or elabo- work with the principle of non-discrimination the rated on by project or partner staff, very much like most interesting in its possible implications for the principle of the best interest of the child. Even safety and security. though the principle was not mentioned explicitly, parents stated that their children receive emotional 43 Local Ownership & Creating local bodies Many of the focus orga- nizations or their local partner organizations were Partnership working to create local ownership through the creation of networks or local child rights commit- Local ownership of development projects is always tees. Staff members said it was important that such a challenge for actors not themselves originating committee members be a part of the local commu- from the local community. This may hold especially nity. When solid structures for cooperation were true for international non-governmental organiza- established, interviewees from the community and tions operating in areas where project funding implementing organizations said that shared “rights almost entirely originates from international donors language� made communication and cooperation and where locally-based organizations are too small much easier. and lack resources to apply for funding on their own. The focus organizations in this study have in Tensions between community actors A effect become intermediaries between local actors single-minded focus on child participation can be and governmental agencies and donors. perceived as downplaying the needs of other parts of the community, which in turn can be an obstacle Child ownership Children and youth expressed to the development of local ownership. One com- great satisfaction with the projects. The children munity leader said, for example, that although he that participated in the various activities talked agreed that it was good that children were involved about their participation in positive and proud in the planning process of the specific project, words. Older children and youth said that they felt the organizations had not listened enough to the they were taking greater part in society than if they opinions of others within the community. This had not participated in the projects. Organization perception put a strain on the effort to create local staff emphasized the importance of creating locally- ownership. It might be said that the implement- owned knowledge: “[A] rights-based approach does ing organization, through a top-down decision, not just go in and come out, it builds the capacity of the demanded bottom-up processes that challenged child and the community to take on their own response local ownership through its emphasis on children’s and build that capacity within and strengthening the opinions. capacity.� The government representatives (the duty bearers Parental ownership Parents interviewed de- on a state level) interviewed were reluctant to dis- scribed how the organizations were making an cuss their relationships with the implementing or- effort to involve them in the activities of their chil- ganizations, probably to avoid criticizing important dren by inviting them to meetings and training ses- sources of funding or differentiate between differ- sions or initiating parents’ councils. Some parents ent organizations. This in turn rendered it difficult not so familiar with the projects did say that there for the study to clarify the level of ownership felt was still a need for more inclusion: “It is better if the by the legal duty bearers for the individual projects organization talks about the activities to the parents or programs. However, one minister said that the first, so that they can talk to the children instead of the government “felt doubt� about organizations that other way around. It is really important to include the do not contact and coordinate their work with parents, to tell them what is going on in simple words the relevant ministry before doing an intervention, and [get them to] participate.� According to the clearly indicating a wish for more direct involve- interviews with staff and parents, parents can be ment and ownership. difficult to reach if they do not have a permanent address or work long hours, while others are trau- Need for project longevity Generally, a chal- matized or otherwise inaccessible to implementing lenge to local ownership is the short time-span of organizations. many projects or project activities owing to gaps in funding. Similarly, there are often gaps between funding periods in emergency responses and it is difficult to create sustainable local ownership under 44 Rights-Based Programming for Children in Conflict-Affected Areas these circumstances. One father noted the short seldom developed with broad involvement of com- duration of the project his son had participated munity actors. According to the staff interviewed, in. He did not know why the period had been so the key to local ownership is to ensure that the short, since no one had communicated the reason projects are of real relevance to the children and for the cessation of the activities. He said: “You will their communities. Adherence to rights principles not see any changes in such a short time.� such as child participation can challenge the quest for community ownership. In conclusion, all the projects aimed to establish lo- cal ownership despite that initial project ideas were 45 Children at school in the occupied Palestinian territory © Save the Children Conclusions: Benefits, Challenges & Security Implications of Child Rights-Based Programming in Conflict-Affected Areas W hen comparing the different projects reviewed in relation to the model of child rights-based programming, it was clear that traits that differentiate child rights-based pro- gramming from other forms of programming. no single project displayed all of the model’s Following are the benefits and challenges com- components. This was not unexpected since the mon among all the projects studied, based on ideal model is rigorous, while the practice of the above narrative discussion. child rights-based programming is still relatively new and in flux. To make this comparison more concrete, the Benefits & Challenges qualitative data gathered in the analysis of the seven projects in focus were categorized by the indicators and sub-indicators in the ideal model Benefit 1:The focus on children puts and given a rating (see Appendix D). The ratings attention on one of the most vulnerable were -1, 0, 1, 2, where the score -1 marked that groups in society the indicator was not present in the project Not only are children especially vulnerable and 0 indicated a lack of data to evaluate the in situations affected by conflict, children and category. The score 1 marked that the indicator youth also make up the majority of the popula- existed to some extent and the score 2 repre- tion in many conflict-affected areas. The empha- sented that the indicator existed at a satisfying sis on children as integral to child rights-based level. All the ratings of the projects were then programming appears to provides a platform added together and the sum used as a quantita- for resource-allocation and advocacy that might tive tool to compare the projects. otherwise be sensitive. A clear child focus may The comparison showed marked differences enable interventions that would otherwise have between the projects. Three projects clearly been problematic to carry out, since issues stood out as closer to the ideal model and around children appear to be on somewhat the outcomes of these three projects will be neutral ground. This became apparent through detailed later in order to discern if the hypoth- interviews with respondents from various sec- esis presented in the introduction can be said tors who, to great extent, converged around the to hold true. Do the projects that display the concept of child rights and agreed on its impor- greatest number of the key components of the tance. For instance, the Lebanese government ideal model of child rights-based programming allowed Iraqi children to enroll in school even in their operational practice also have the most though their families are illegal in the country. positive influence on safety/security? If the hy- Likewise, in Yemen and the occupied West Bank, pothesis is correct, then the outcomes of these organizations are able to carry out activities for three projects should include improvements in children despite a complex operational environ- the project area’s security/safety. The outcomes ment. in focus are not service-related but rather those that distinguish child rights-based programming from other types of programming, as limited by the study’s scope. The focus is therefore on the 46 “ The emphasis on children as integral to child rights- based programming appears to provides a platform for resource-allocation and advo- Benefit 2: Human rights concerns are cacy that might otherwise be prioritized and seen as a key element to sensitive. A clear child focus achieving social justice and economic development may enable interventions that would otherwise have been Organizations working in emergency situations using child rights-based programming are more problematic to carry out, likely to prioritize human rights concerns (e.g., since issues around children the right to education, health and protection) at an early stage. A focus on these fundamental appear to be on somewhat concerns of the individual and the community neutral ground. � is necessary in order to create—or re-create— trust and hope in the community, which in turn is essential for rebuilding society. Moreover, hu- man rights understandings are built on interna- tional standards and principles that the majority of countries have ratified. These standards and principles can therefore be used as process tools in vindicating programs and specific areas of programming and objectives. Necessary for this prioritization is the child rights situation analysis, which provides specific knowledge of rights violations, the duty bearer community and early-on communication with relevant stakeholders. Benefit 3:The increased use of participa- tion and non-discrimination principles in project planning, implementation and evaluation tends to reduce tensions in the local community and contribute to a project’s sustainability For all organizations involved in the selected projects, participation was important and clearly valued. Children and youth in these projects felt like active participants and that their views were taken seriously. The study showed that the principle of non-discrimination appears to be particularly important when working in conflict-affected areas where IDPs or refugees 47 48 Rights-Based Programming for Children in Conflict-Affected Areas are present. Those projects using child rights-based in itself is not evidence of a genuine support for programming targeted, to the extent it is possible, human rights and human rights-based programming, children from both the host community and IDP/ it indicates an opening for discussions with com- refugee groups and this contributed to easing ten- munity outsiders. However, some rights issues may sions between IDPs and the host community, with remain “too politically sensitive� to be discussed on implications for project sustainability and long-term the local level, as some project staff members indi- stability, safety and security. cated. This being the case, the focus organizations’ good relationships with and access to decision- makers are important for future cooperation. Fur- Benefit 4:The work of organizations ther, the study found that child rights advocacy has (whether they are INGOs, NGOs or the an awareness-raising influence on the duty bearer UN) complement the role of the legal duty community, both at the state and community levels. bearer, i.e., the government, contributing to In some projects, parents (as duty bearers) gained the fulfillment of children’s rights and creat- more extensive knowledge of rights, as well. ing trust and security in the community Adopting child rights-based programming as an Benefit 6: Knowledge about the rights of organization might also mean taking on the role the child are integrated throughout project of a duty bearer. The fact that the organizations activities, which enables awareness-raising perceived themselves as duty bearers within the among rights-holders and in turn strength- framework of their projects was mainly beneficial ens agency and the ability of children to (although it also has challenges). The study found claim rights that this role as duty bearer provided children and youth with temporary areas of safety and security All projects included some form of teaching about where their rights were fulfilled. This was recog- the rights of the child, the results of which were nized in most of the projects and children ex- reflected in the interviews with youth and children. pressed that, within the framework of the project, Knowledge about human rights and where to claim they had the right to play and express themselves. them is an important first step in the creation This is an example of how, in the projects reviewed, of rights awareness, despite the fears expressed child rights dictated both the process of implemen- by other interviewees about the pitfalls of rights tation, including active participation in shaping the knowledge among children. project, and the outcome in the form of service delivery, i.e. access to education or health. Benefit 7: Meaningful activities for children contribute to their well-being and a sense Benefit 5: Sustainable and positive relations of security/safety with community leaders and state officials are developed, enabling advocacy towards Project activities designed on the basis of a child rights situation analysis play an important role in relevant duty bearers and in turn perhaps children’s development, according to the study’s leading to more active involvement and interviews with staff and parents. Interviewees said responsibility for necessary development that children and youth in these projects found endeavors psychological relief from their stressful surround- During the interviews, community leaders and ings as well as time and a safe space where they can government representatives did not take issue with receive educational support or engage in matters human rights or the need to respect, protect and that interest them. Parents generally viewed the fulfill the human rights of children. All community activities as meaningful and as contributing to their and governmental interviewees were interested in children’s development. The activities were per- and supportive of the projects reviewed, as well as ceived to be important for both parents and youth, of child rights-based work in general. Even if this 49 therefore, by facilitating a space that could keep based programming, a process that is important to their children safe and positively engaged. children’s empowerment. This empowerment builds on the entwinement of practical operationalization The study also identified several important chal- of the general principles of the CRC, the delivery lenges in the implementation of child rights-based of services that fulfill child rights, and the spread of programming: knowledge about child rights. It is, as indicated in the ideal model above and as suggested by inter- viewees, perceived to be at the essence of child Challenge 1: Mainstreaming human rights-based programming that children should not rights knowledge and rights language in only participate in the design of project activities, all aspects of the development process is they should also know that it is their right to do so, challenging for example. The same goes for the right to play, express themselves and to receive education, etc. This study found that rights language did not perme- Children should, according to the ideal model logic, ate all processes of the projects reviewed and was be agents of change in fulfilling their own rights. especially hard to implement in emergencies and/ or conflict-affected areas. This had several explana- tions: sometimes it was the result of difficulties Challenge 2: Child rights-based program- in recruiting personnel with the right skill-set or ming is a comprehensive work method to keeping others trained, especially in emergen- that demands long-term commitment and cies. In other instances, the problem seemed to be sustainable practices connected to difficulties in integrating learning of rights into staff training in a manner that linked the In order for child rights-based programming to training to the day-to-day practice of their work. function well, its key components should permeate However, there also appeared to be hesitancy the work of the focus organization and its imple- among staff to use human rights discourse even menting partners. Due to its participatory ambi- when children, parents, communities, state duty tions, it is especially time and resource intense, par- bearers and international donors were open to it. ticularly in conducting the rights situation analysis. They either did not see the need for this, since it is This is a challenge in any context, since it requires “embedded in the work�, or were wary of percep- skills, dedication, time and resources, but this study tions that such rights are only contingent on the found it especially problematic in areas affected by fulfillment of corresponding duties (as one boy said: conflict and in emergency situations, where short- “Respectful children have their rights and disrespectful time interventions are predominant and pose chal- children don’t have their rights�). lenges to a comprehensive implementation of child rights-based programming. Emergency projects Still others expressed cynicism about the rights often run on one-year contracts and have very lim- children are entitled to according to international ited resources in terms of both funding and time. law and the conditions they actually live in. They fear that knowledge about rights will lead to “frustra- tion and disappointment� which in turn can put the Challenge 3: Effective advocacy can be children in dangerous situations. hindered by lack of clarity among rights holders over who are the legal duty bearer Nevertheless, interviewees, both children and staff, generally believed that usage of human rights terms Child rights-based programming requires that all and information about child rights were impor- relevant duty bearers be identified and targeted for tant regardless of their situation and the context advocacy within the scope of the program (al- in which they live. To not explicitly connect the though not within each of the projects within each project/program objectives to child rights or the program). This requirement is especially difficult for facilitation of knowledge about rights appeared to organizations operating in areas with unclear duty hinder the implementation process of child rights- bearers. The research data suggests that, without 50 Rights-Based Programming for Children in Conflict-Affected Areas a clear reference to duty bearers, the concept of Bank by Defence for Children International in the duty bearer may become confusing for children partnership with the Palestinian Network for and youth participating in project activities. If there Children’s Rights and; is no obvious duty bearer that the local partner organizations can refer to, the rights of children and h Project F: Creating Adolescent Friendly youth are left in a vacuum. The only duty bearers Spaces run in a collaboration between UNICEF, remaining are often parents (whose rights might Tamer Institute, MA’AN Development Centre, also be violated) and the implementing organiza- National Committee of Summer Camps, Al tion. In bringing about change, these actors (parents Nayzak and 93 community-based organizations and NGOs) play important roles, but to change and youth and community centers throughout structures, legal duty bearers such as government the West Bank officials are key. Therefore a lack of clarity over and/ These projects included outcomes such as the or political sensitivity about addressing duty bear- creation of safe spaces, child rights knowledge, ers poses a challenge to the full implementation of awareness-raising and increased attention to the child rights-based programming. individual child. Thus the benefits and challenges of using child rights-based programming in conflict- To conclude, there are a number of benefits to affected areas presented above are also present in using child rights-based programming in conflict- these three projects. affected areas, both general and specifically related to security. These benefits are common to all the However, the comparison of the outcomes of all projects in focus, to varying degrees. While the projects also showed some marked differences challenges described above exist in all projects, they between the three distinguished projects and the appear to be less important than the benefits. others. The three projects most in line with the theoretical model of child rights-based program- ming produced a number of outcomes that the Model Child Rights- other projects in focus either did not, or did but only to a substantially lesser degree. Based Programming: These differences and their links to stability/secu- Three Projects & Their rity will be presented below in order to discern Influence on Security if the hypothesis presented in the introduction holds true. If the hypothesis is correct, then the outcomes of these three projects should have a As mentioned previously, three of the projects in positive impact for security/safety in the project’s focus were markedly closer to the theoretical ideal area of operation. model than others. The projects that stood out as being most in line Outcome 1:The creation of sustainable with the study’s theoretical model of child rights- based programming were projects C, G and F: systems focusing on duty bearers’ account- ability can be seen as part of institution- h Project C: Ta’leem Youth, run in Leba- building, and as a means to strengthen the non by a coalition of partners including Save relationship between community and state the Children Sweden, Middle East Council of Churches, Caritas Migrants, Amel Association, Through these projects, the three organizations the European Institute for Cooperation and used a clear child rights focus to create local struc- Development, the Sawa Group and the Cultural tures for community development. These structures Association of Hermel; created space for dialogue, built relationships, and supported a common framework (of child rights). h Project G: The Protection and Community They also support a national development agenda Mobilization Program carried out on the West through the provision of increased equal access to 51 Palestinian girls do origami © Save the Children education and services. Moreover, if these systems selves, since they were able to focus on issues outlast the project as is expected, they will play an other than the schooling of the children. For all in- active role in increased social justice, development volved, the successful structural changes had a clear of policies and laws, and in the monitoring of public positive impact on the security environment in the officials’ performance and institutional child rights project area. The advocacy work on a national level compliance. was matched by the work of local partners in train- ing Iraqi school children and their host communi- Attaining structural change in Project C For ties in their rights and how to obtain them, which example, Project C’s advocacy that resulted in the also can have a long-term effect when there are drafting of a government memorandum, mentioned clear national rules acknowledging the internation- earlier, allowed Iraqi refugee children to enroll in ally accepted rights. The mediating role of an INGO Lebanese public schools despite their lack of legal in this case was shown to be important in conflict- status. Thus, this particular project outcome pro- affected situations where local organizations might tected these children’s right to education and man- find it difficult or even risky to target their own aged to generate structural changes well beyond authorities through direct advocacy. the scope of the individual project. Through the drafting of the government memorandum, tensions Child-leadership relationships in Project G between the refugees and the host government The child committees initiated by one of the orga- lessened since the discussion on whether or not nizations in Project G in support of the principle of refugee children should be able to attend school child participation is another good example of the ceased to be an issue. For the same reasons, it also creation of systems that emphasize duty bearers’ ac- alleviated tensions on the local level between the countability while strengthening the rights-holders’ host community and the refugees. Furthermore, it opportunities to claim their rights. These child com- made the situation easier for the refugees them- mittees were constituted of children that received 52 Rights-Based Programming for Children in Conflict-Affected Areas “ thorough training in child rights. They were given To conclude, effective child the task of gathering opinions and suggestions from rights-based programming other children in the community and then bringing them to the attention of community leaders and can be said to strengthen the so- public officials.Violations of the rights of any child or cial contract between the society other problems arising were also addressed by the and its leaders. In a region with committee, which performed as a sort of ombuds- men for community children. weak governance and common rights violations, young people’s The creation of structures for dialogue and com- plaints between rights-holders and duty bearers can knowledge of human rights is have a very positive influence on safety/security by central for them to claim their providing organized and peaceful channels for com- munity development and rights claims. rights and work for more rights- respecting societies.� In sum, all three projects show that effective child rights-based programming may help create sustain- able structures for community development and duty bearer accountability through its focus on children’s rights. In a region with weak governance experiencing regime transitions, the creation of lo- cally owned sustainable structures is important. Outcome 2:Thorough training of children and youth in structured and peaceful participation in local development creates new and engaged agents for change The child committees of Project G exemplify how the three distinguished projects involved children and youth as active participants in their operational practices. As a result, children became agents for changing their own environments. A child inter- viewed said that the committee experience gave them all “self-confidence and the full knowledge needed to defend our rights.� Such development of engaged actors for change has the potential to reverberate through society and impact development far beyond the scope of the immediate project. The practical training of children and youth to enable them to become well- informed, rights-respecting and empowered leaders has positive implications for development both on a local and national level. Efficient child rights-based programming appear to improve children’s and youth’s capacity to engage in the development of their own society through 53 peaceful means, which is a key condition for devel- children’s encounters with military and/or police), opment in a region with large numbers of unem- but also as an important universal language. ployed youth and weak governance structures. The children and youth in these projects all viewed human rights as a necessary foundation for chang- Outcome 3: Children, youth and local ing their societies for the better. Children’s and community actors develop skills to work youth’s endorsement and use of a rights language actively against discrimination, which in also contributed to a visible focus on the account- turn is necessary to ease tension between ability of duty bearers, since the articulation of different groups and strengthen social rights implies a corresponding responsibility from a cohesion and equality duty bearer. This focus on the relationship between the rights-holders on the one hand and the legal The three projects discussed here placed special duty bearer on the other strengthens a working emphasis on promoting non-discrimination among social contract between society and its leaders. children, youth and local community actors them- The mutual engagement of rights-holders and duty selves so that non-discrimination was not only a bearers in social development and state-building is requisite within the projects but a skill transferred necessary in order to create conditions for peace- to local society actors. ful development. For example, cooperation between different local To conclude, effective child rights-based program- NGOs in project G also enabled them to develop ming can be said to strengthen the social contract activities about human rights for children and between the society and its leaders. In a region youth, with greater attention to rights principles with weak governance and common rights viola- such as gender balance, access for children with dis- tions, young people’s knowledge of human rights is abilities, and general non-discrimination. central for them to claim their rights and work for more rights-respecting societies. Child rights-based programming can be said to potentially strengthen social cohesion and equality, thereby easing communal tensions and moderating Outcome 5: Putting human rights on the sources of conflict. In a region that hosts two of the agenda of local and national authorities top three refugee-producing states, as well as four can contribute to the rule of law which in of the top five refugee-hosting locations, sustainable turn strengthens safety and security work against discrimination and for equal rights are paramount to avoid conflicts. This study found that the three distinguished projects were especially consistent in their use of child rights-based references and language both Outcome 4:The investment in knowledge within their projects and in relation to duty bear- among children, youth and local com- ers on the local and national levels. This in turn munity actors about their human rights and lead duty bearers on different levels to ask for child where to claim them has the potential to rights training from the organizations. For example, strengthen the social contract between a the close partnership between the implementing organization and Palestinian authorities in Project rights-respecting state and its inhabitants F led to a prioritization of capacity-building of duty The three projects most in line with this study’s bearers, and increased knowledge about child rights model of child rights-based programming stand among the legal duty bearers. In interviews with out as the projects where children and youth were government representatives, they described their most knowledgeable about their rights and sys- duties in human rights terms, indicating that they tems for fulfilling them. Staff in these three projects were attempting to integrate their training into generally viewed child rights both as an valuable everyday activities. and useful tool for specific situations (such as in 54 Rights-Based Programming for Children in Conflict-Affected Areas In the network of organizations created as a part Respect for human rights in a society is closely re- of Project G, network members said that their lated to the rule of law. Thorough child rights-based common use of child rights-based frameworks programming shows that community attention to increased their discussions on how their respective human rights can also contribute to the rule of law projects made use of these frameworks when deal- as duty bearers on different levels are trained and ing with different duty bearers. become aware of their legal duties under inter- national law. The officials interviewed seemed to While a gap often exists between the use of human embrace the chance to point out that their poli- rights language and actual rights-based policies, the cies related to human rights principles rather than creation of a rights discourse has the potential to other forms of reasoning. This may in turn contrib- serve as an entryway for systematic change in the ute to strengthening security since “the absence of role and accountability of duty bearers. If both gov- justice is frequently the reason for the absence of ernment and local representatives officially agree peace� (Parlevliet 2010). on the importance of developing and sustaining a human rights-respecting society, this agreement (al- In summation, the operational practices of projects though perhaps more in principle than in practice) C, F and G included more of the key components opens up a space for discussing and demanding of the theoretical model and employed them to rights-based policies. Moreover, when the capacity- a higher degree than the other projects did. This building of duty bearers is conducted in tandem analysis showed that the outcomes that distin- with broad capacity-building of rights-holders, guished these three projects from the others all the creation of common objectives and priorities may have a potential long-term and positive effect becomes possible. on security. Whether they have influenced security Increased security through child rights-based programming Rights-based work from the international community Rule of law National/ Increased through community human human rights predictability security enforcement and compliance Rights-based work from NGOs 55 during the span of the projects is harder to discern present and deployed in the operational practices since the study does not allow for a comparison of a specific project, that project is more likely to with the situation before the start of the projects. deliver outcomes that are conducive to improving Consequently, it appears clear that when many key security. components of child rights-based programming are Concluding Remarks This study’s aim has been to answer two main h Knowledge about the rights of the questions by reviewing the operational practices child are integrated throughout project and outcomes of existing development projects activities, which enables awareness-raising that used child rights-based programming in among rights-holders and in turn strengthens conflict-affected areas in Yemen, Lebanon and agency and the ability of children to claim the oPt. The two questions were: rights What are the benefits and challenges of using h Meaningful activities for children con- child rights-based programming as the overall tribute to psychological relief and provide approach for development interventions in the them with a safe space selected projects? The study also identified some important chal- How can these benefits and challenges be lenges for the implementation of child rights- related to the safety and security in the selected based programming in conflict-affected areas. areas? These challenges were that : The findings show that there are a number of h Mainstreaming a human rights knowl- benefits to working with child rights-based pro- edge and rights language in all aspects of gramming in conflict-affected areas. The general the process is difficult even if agreed to be benefits include that: beneficial h The focus on children puts attention h Child rights-based programming is a on a vulnerable group comprehensive work method that demands long-term commitment and sustainable h Human rights concerns are prioritized practices and seen as a key element to achieving social justice and economic development h Effective advocacy can be hindered by lack of clarity over legal duty bearers h Participation and non-discrimination principles have the potential to ease tensions To conclude, there are a number of benefits to in the local community and contribute to a using child rights-based programming in conflict- project’s sustainability when integrated into affected areas, both of a more general nature project planning, implementation and evalu- and with specific relevance for security. These ation benefits are common to all the projects in focus, although to varying degrees. At the same h Organizations complement the role of time, some challenges also manifest themselves legal duty bearers contributing to fulfillment in all projects; these are outweighed by the of children’s rights which in turn creates benefits. trust and security in the community Those projects where operational practice was h Good relations with community lead- closest to the theoretical model of child rights- ers and state officials are developed, which based programming also stood out in their enables advocacy towards relevant duty outcomes related to security. bearers and in turn may lead to more active involvement and responsibility for necessary development endeavors 56 “ This study suggests that outputs such as individual and community participation, This analysis showed that: increased acceptability and h The creation of sustainable systems integration of refugee and focusing on duty bearers’ accountability can IDP communities, child and be seen as part of institution-building, and as a means to strengthen the relationship youth empowerment through between community and state knowledge of rights and social h Thorough training of children and sustainable development are youth in structured and peaceful participa- tion in local development creates new and beneficial qualities of every engaged agents for change. Children, youth process of doing child rights- and local community actors develop skills to based programming.� work actively against discrimination, which in turn is necessary to ease tension between different groups and strengthen social cohe- sion and equality h The investment in knowledge among children, youth and local community actors about their human rights and where to claim them has the potential to strengthen the social contract between a rights-respecting state and its inhabitants. h Putting human rights on the agenda of local and national authorities can contribute to the rule of law which in turn strengthens safety and security The process of “doing rights� in child rights- based programming requires integrating child rights principles in planning, implementation and evaluation. This integration brings about unique outcomes beyond the service delivery of the individual project. This study suggests that out- puts such as individual and community participa- tion, increased acceptability and integration of refugee and IDP communities, child and youth empowerment through knowledge of rights and social sustainable development are beneficial qualities of every process of doing child rights- based programming. The challenges identified with child rights- based programming through this study are to some extent challenges that may occur regard- 57 58 Rights-Based Programming for Children in Conflict-Affected Areas less of whether the methodology is implemented in conflict-affected areas or not. Developing and strengthening the approach as a whole may very well contribute to meeting these challenges. For example, knowledge of child rights-based program- ming would create better understanding of the methodology/approach among staff, local partners and donors and thus ease tensions over its aspects and objectives. This study finds that the more child rights-based a project is, the more its outcomes have the poten- tial to positively influence safety/security in the area. These findings put somewhat new demands on donors to conflict-affected areas. Sometimes, the funding most readily available for development work in conflict-affected areas comes from short- term so-called “emergency� funds. As discussed, child rights-based programming is a comprehensive approach that needs time to develop to reach its full potential, and for these kind of approaches short-term funding is not ideal. It takes time to build partnerships, train staff in the discourse and make participation in all phases of the projects a real and significant feature. Furthermore, as discussed, there is real danger of cynicism about rights-based approaches and remedies. To instill trust and hope about rights-fulfillment in children living in difficult circumstances could be counter- productive were activities stopped or projects withdrawn prematurely. Donors interested in the benefits of child rights- based programming may appreciate that here, the rights-based process itself is actually part of the outcome. As one mother put it: [I]f a child knows his rights and knows them really well, when he grows up he will ask for his rights from the authorities or from those responsible and this will bring development of society and security. 59 Refugee children in Yemen © Save the Children Recommendations To donors h Enhance capacity-building on child rights-based programming for government h Increase the possibility of long-term officials, as well as civil servants. funding to avoid unstable sources. h Extend opportunities for long-term To organizations working in child partnerships with organizations. rights-based programming h Consider the amount of funding al- located to emergency funding vs. long-term h Increase efforts to establish long-term sustainable development projects. partnerships with implementing partner organizations in order to establish trust with h Consider limiting funding allocated for rights-holders and enable sustainable struc- specific groups only, i.e. refugees, and instead tures for human rights protection, fulfillment provide for wider inclusion of rights-holders and promotion. within one project in order to secure the principle of non-discrimination. h Use child rights advocacy to enhance the long-term effects of projects/programs h Increase demand for rights-based on safety/security. analyses and evaluations from applicants. h Consider methods for teaching h Increase demands for a clear formula- children about responsibilities that do not tion of process indicators and process evalu- present their rights as dependent on their ations from applicants. behavior. h Use an explicit human rights-based h Ensure that parents who become language to strengthen the individual per- aware of their role as a child rights duty son’s position as a rights-holder rather than bearer are informed of the entire child rights as a “beneficiary�, “recipient� etc. If this is regime, the responsibilities of the legal duty not advisable for political reasons in direct bearer, and that parents have rights as well. negotiations with government officials, keep the language active among donor staff for h Develop systems for communicating reasons of clarity. rights-based goals, targets, methods etc. to all stakeholders to secure a common under- standing of child rights-based programming To governments and the practice of human rights. h Increase use of rights-based goals, h Support the use of clear child rights- targets, methods, etc. in the development based language in oral and written commu- of national systems related to children, for nication (within organizations and between example, health and education. organizations and donors). h Support the use of clear child rights- h Enhance capacity-building on child based language in oral and written commu- rights-based programming for all staff nications. members and for all partners implementing projects, especially for emergency response programs/projects with a high rate of staff turnover. 60 h Emphasize what child rights-based based-programming and to improve both programming means for each staff member’s practical and theoretical understanding. specific job description and tasks. h Develop indicators that are informed h Develop systems to promote learning by child rights principles for child rights pro- in the day-to-day development of child rights gramming’s unique outcomes and conduct evaluations on their basis. 61 62 Rights-Based Programming for Children in Conflict-Affected Areas Bibliography Action for the rights of children, ARC resource plan, Definitions of terms, http://www.savethechildren. net/arc/using/terms.html (accessed 2011-09-10) Ball, O. (2005) “Conclusion� in Greedy & Ensor (2005). Zed Books, Oxford, UK. Benedek (2009) Human security and human rights interaction in rethinking human security. Wiley- Blackwell & UNESCO, Chichester, UK Birdsall (2007) Do No Harm: Aid, Weak Institutions and the Missing Middle in Africa Working Paper 113, Center for Global Development, Washington D.C., www.cgdev.org/content/publications/detail/13115/ (accessed 2011-03-14) Commission on Human Security (2003) Human Security Now, New York, USA, http://www.policyinno- vations.org/ideas/policy_library/data/01077/_res/id=sa_File1/ (accessed 2011-11-28) Defense for Children International - Palestine (2011) Semi Annual Report 2011 General Assembly of the United Nations (1966) International Covenant on Civil and Political Rights, preamble. Gready & Ensor (eds.) (2005). Re-inventing Development? Translating Rights Based Approaches into Practice, Zed Books, Oxford, UK. Hamm, B. (2001) ‘A Human Rights Approach to Development’, in Human Rights Quarterly Vol.23, no 4, p. 1005-1031 Jonsson, U. (2003) Human rights approach to development programming http://www.fao.org/rightto- food/KC/downloads/vl/en/details/212953.htm (accessed 2011-11-25) Jonsson, U. (2005) “A human rights-based approach to programming� in Gready & Ensor (2005), Zed Books, Oxford, UK. Jonsson, Urban (2004) A Human Rights-Based Approach to Programming (HRBAP), UNICEF Kirkeman, Boesen, Martin (2007) Applying a rights-based approach – An inspirational guide for civil society, Danish Institute for Human Rights, Copenhagen, Denmark. Lansdown G. (2005) What is the Difference? Implications of Child Focus in Rights-Based Programming. Discussion Paper. March 2005, Save the Children, UK. Conteh-Morgan, Earl (2005) Peacebuilding and Human Security: A Constructivist Perspective, Interna- tional Journal of Peace Studies,Volume 10, Number 1, Spring/Summer 2005, p. 72 Nyamu-Musembi and Cornwall (2004) What is “rights-based approach� all about? Perspectives from international development agencies, IDS Working Paper 234 63 Oman, Natalie (2010) Hannah Arendt’s “Right to Have Rights�: A Philosophical Context for Human Security, Journal of Human Rights, 9:3, p. 279-302 Office of the High Commissioner for Human Rights (2006) Frequently Asked Questions on a Human Rights-Based Approach to Development Cooperation, Geneva, United Nations, http://www.ohchr.org/ Documents/Publications/FAQen.pdf (accessed 2011-11-27) Parlevliet, M., (2010). Human Rights and Conflict Transformation: Toward a More Integrated Approach. This is an abbreviated version of: Rethinking Conflict transformation from a Human Rights Perspective, in Véronique Dodouet & Beatrix Schmelze (eds.). Human Rights and Conflict Transformation: The Challenges of Just Peace. (Berghof Handbook Dialogue No 9.) Berlin: Berhof Conflict Research, 15-46. http://www. berghof-handbook.net/documents/publications/parlevliet_handbookII.pdf (accessed 2011-12 Robinson, Mary (2002) UN High Commissioner for Human Rights, Second Global Ethic Lecture, “Eth- ics, Human Rights and Globalization� at University of Tübingen, Germany, 21 January 2002, http://www. weltethos.org/1-pdf/20-aktivitaeten/eng/we-reden-eng/speech_Robinson_eng.pdf, (accessed 2011-11-28) Sfeir-Younis (2004) Violation of human rights is a threat to human security in conflict, Security and Development, 4:3, p. 383-396 UN Practitioners’ Portal on HRBA Programming, The Human Rights Based Approach to Develop- ment Cooperation: Towards a Common Understanding Among UN Agencies http://hrbaportal.org/?page_ id=2127 (accessed 2011-10-01) UNDP (1994) Human Development Report 1994 http://hdr.undp.org/en/media/hdr_1994_en_chap2. pdf (accessed 2011-10-17) UNDP (2003) Poverty Reduction and Human Rights, New York, USA. UNESCO (2008) Undertaking a Human Rights-Based Approach: Lessons for Policy, Planning and Pro- gramming, UNESCO Bangkok Asia-Pacific Program of Education for All (Appeal). UNHCR, Lebanon: UNHCR welcomes move to ease plight of Iraqi asylum-seekers, http://www.irin- news.org/printreport.aspx?reportid=76865 (accessed 2011-10-18) UNICEF Middle East and North Africa Region Regional office (2009) Donor Report, Adolescents: Agents of Positive Change, The Rights to participation 64 Rights-Based Programming for Children in Conflict-Affected Areas Appendices Appendix A Key Components of Child Rights-Based Programming and Its Sub-Indicators Child rights situation analysis h challenges are identified from a rights perspective; h the underlying causes of the non-realization of rights and development challenges are identified, including the analysis of power relationships; h the foundation for country strategies and thematic project plans are laid out; h the legal and policy environments are assessed; h duty bearers, their capacity and political will are identified; and h if, and to what extent, duty bearers are aware of their human rights obligations is assessed, with a focus on accountability. Clear and outspoken child focus h children are viewed as social actors; h the unique circumstances and contexts (families, social environment etc.) in which children live and act are acknowledged; and h the above is taken into account during planning, implementing and evaluating projects and pro- grammes. h marginalized, disadvantaged, or excluded groups are included; h urgent rights violations of such groups are addressed; and h the long-term sustainability of societal development is in focus. Different kinds of duty bearers are identified h duty bearers in need of support are identified; and h duty bearers to be held accountable are identified. 65 Explicit child rights objectives, measurable goals and targets h goals are clearly related to child rights and/or the CRC (to fulfil children’s right to education, best attainable health, social security, etc.); h knowledge about human rights for all, and especially the rights of the child, is disseminated; h information on how to access one’s rights is distributed; h advocacy on child rights is carried out; h goals and targets, both for processes and outcomes, are clearly formulated in a way that can be measured; h a child rights language is used in programme plans, programme budgets and memoranda of un- derstanding, etc.; and h references to the CRC, its optional protocols and general comments are made in the work. Monitoring and evaluating are carried out with child rights-based principles and indicators h monitoring, etc. focuses both on processes and outcomes; h child rights principles and indicators form a basis for the evaluations; h the children in focus participate in the evaluation process; and h the children in focus feel their views are taken into account in the planning, implementation and evaluation processes. CRC’s four guiding principles are taken into full account h all stages of programming are permeated by the child’s right to: • development and survival; • non-discrimination; • participation, and; • the best interest of the child; h local ownership, partnership and participation are paramount; h children in focus are included in the process of identifying “problems�/rights violations; h the children in focus should feel that the programs and projects are important or of relevance to them; and h partnerships with host states, civil society, communities, etc. include references to child rights- based programming and/or the CRC. 66 Rights-Based Programming for Children in Conflict-Affected Areas Appendix B Project A: Protecting the rights of Pal- estinian children affected by armed conflicts through community-based Focus Organizations mechanisms in the Gaza Strip and North Lebanon Save the Children Sweden (SCS) in the Middle East and North Africa works on education, child partici- This project is run by the Child Protection Net- pation, discrimination, civil society organizational work (CPN), the local partner of Save the Children development and to prevent violence and abuse Sweden. The Child Rights Protection Network has against children in its programming. SCS carries out the following members: Ghassan Kanafani Cultural direct project implementation as well as indirect Foundation, Community Based Rehabilitation As- implementation through local partners. SCS coop- sociation (CBRA), Developmental Action without erates with local NGOs and government institu- Borders (Naba’a), Palestinian Children and Youth tions and UN agencies such as UNICEF, UNESCO Institute (PCYI), Children and Youth Centre (CYC) and UNDP. Three of the selected projects are and Al Khalsa. The project uses Child Rights Pro- supported and/or directly implemented by SCS in gramming as defined by SCS. Lebanon and in Yemen, projects A, B and C in the study. Project A’s objectives Naba’a, Development Action without Borders, is a Members of the Child Protection Network have Lebanese NGO aiming at empowering local com- identified three violations as particularly important munities in order to enable their members to claim to focus on in the Nahr El Bared context—vio- their rights and to play an active and healthy role lence (physical, sexual, verbal, and bullying), abuse within their society. Naba’a was created in 2001 of power and discrimination towards disabled and the organization has been working actively with children. The implementing partners and network children since then. Naba’a is the implementing members detect cases of abuse through field visits organization of one of the selected projects, project and interviews with children exposed to different D. human rights violations. The overall objective is to establish a community based reporting mechanism The United Nations Children’s Fund (UNICEF) was es- of child rights violations in compliance with Resolu- tablished in 1946 and is now working in 156 coun- tion 1612.6 tries. UNICEF’s work is divided among a number of focus areas such as child survival and development, 6 In July 2005, the United Nations Security Coun- basic education and gender equality, HIV/AIDS cil established a comprehensive monitoring and reporting and children, child protection as well as policy and mechanism on children affected by conflict in Resolution 1612. advocacy. UNICEF is involved in two of the selected The monitoring and reporting mechanism is coordinated by projects, projects E and F. UNICEF in cooperation with the Office of the Special Repre- sentative to the Secretary General for Children and Armed Conflict.Violations to be monitored include killing or maiming Defence for Children International (DCI) is an NGO of children; recruiting or using child soldiers; attacks against established in 1979. Today DCI is represented in schools or hospitals; rape or other sexual violence against chil- 40 countries worldwide. Its aim is to promote and dren; abduction of children and denial of humanitarian access protect children’s rights on a local, national, regional for children. The work is conducted first at the country level in coordination with NGOs and other organizations on the and global level. Globally, DCI works with children’s ground. The findings are then reported back to UN headquar- rights in juvenile justice, whereas work on the local ters and the Security Council Working Group. The Resolution level also includes programs on child labor, violence also includes the continued naming and listing of all offending against children, children in armed conflicts, sexual parties and directs UN country teams to enter into dialogue abuse and exploitation, child trafficking etc. DCI is with the offending parties in order to implement concrete, time-bound Action Plans for ending the violations. SCR 1612 engaged in one of the selected projects, project G. then authorizes the Security Council to consider targeted measures against offending parties where insufficient progress has been made. 67 The project focuses on children, their families Child Rights Programming as defined by SCS. Here, and their communities, that have been affected by the focus of the research lies on SCS as one of the armed conflict with the aim of improving protec- implementing partners. tion for these children and to provide them with psychosocial support. The aim is also to improve Project C’s objectives the capacity of the Child Protection Network and its individual members to address child rights is- The project’s aim is to assure availability and acces- sues and to strengthen rights-based advocacy and sibility of formal and non-formal education for Iraqi regional learning of child rights-based work. Conse- refugee children and their host country counter- quently, the project provides psychosocial support parts in Lebanon. Further objectives of this project for children affected by armed conflict, engages are to persuade Lebanese education authorities to in the human rights capacity building of the CPN make the right to education a reality for all, and to network, conducts child rights violations monitor- endorse flexible policies so education and protec- ing and educates children in child rights. A referral tion activities can be informed by the changing system has been established within the network. needs of Iraqi refugee women and children. This will promote inclusion and improve education quality and make relevant school attendance for children Project B: Child protection/education and their parents or guardians. Interviews were project—Sa’ada Emergency conducted at one of the implementing partners and with staff, children and parents at a specific centre The project is directly run by SCS in Amran in Ye- in a Beirut suburb. The project activities include men. The project uses Child Rights Programming as educational support in English and mathematics as defined by SCS. well as psychosocial activities. Project B’s objectives Project D: Reconstruction of the Mohaja- The project serves a number of objectives, among reen area project them education with a focus on provision of school supplies, the running of tent schools and support The project is run by the Norwegian Refugee for children to enroll in nearby schools, the estab- Council and Naba’a. Since Naba’a is a local partner lishment and operation of child-friendly spaces, to SCS in other projects, like Project A, the organi- including psycho-social services, as well the provi- zation uses Child Rights Programming as defined by sion of non-food items like children’s clothing and SCS. life skills training. This study focused in particular on its work with child-friendly spaces and education. The project focuses on the reconstruction of the Child-friendly spaces have been set up in strate- Mohajareen area situated within the Nahr El Bared gic places to be accessible to all children but are Camp. In 2007, the neighborhood was left in ruins specifically aimed at children within the IDP com- together with other areas in the camp. Mohajareen munity in Amran. The child-friendly spaces serve had, before the crisis, been home to 105 families to accommodate activities such as sports, arts and but in the summer of 2011 increased to 111 fami- crafts as well as life skill training. lies consisting of 558 persons. The Mohajareen area is located just outside the original area of the Nahr El Bared Camp. The right to the land has been an Project C:Ta’leem Youth issue of much debate. Due to the location of the neighborhood outside the original camp borders, it The project is run by a coalition of partners: SCS, is not the legal responsibility of UNRWA to rebuild Middle East Council of Churches, Caritas Migrants, the area. At the same time, the unclear status of Amel Association, the European Institute for Coop- the Palestinians living in the camps has meant that eration and Development, the Sawa Group and the reconstruction is not seen as the responsibility of Cultural Association of Hermel. The project uses the Lebanese state. Thus, the reconstruction of the 68 Rights-Based Programming for Children in Conflict-Affected Areas area has fallen between the cracks of different duty were directly connected to the project, both teach- bearers. The resulting impact on children from the ers and volunteers. UNICEF, as the focus organiza- Mohajareen area pushed Naba’a to engage in the tion, has also had trainings in child rights for the reconstruction project, since they could see the youth volunteers at the Scout centre. benefits of child participation in the reconstruction project. Project F: Creating Adolescent-Friendly Project D’s objectives Spaces The responsibilities of the project are divided be- The implementing partners of the project are four tween Naba’a and the Norwegian Refugee Council. Palestinian NGOs and 93 CBOs and youth- and Naba’a is in charge of the social aspects of the community centers throughout the West Bank, project while the Norwegian Refugee Council car- including East Jerusalem and “Area C� (areas under ries out the physical construction. The aim is both full Israeli control), and the Gaza Strip. The imple- to rebuild the area and to use child rights-based menting partners are Tamer Institute, MA’AN De- programming while planning, implementing and velopment Centre, National Committee of Summer evaluating the project. Naba’a has carried out social Camps and Al Nayzak. The project is conducted assessments and validations of the losses of houses within the program Right to Participation: Ado- and property in 2007. Home visits and meetings lescents – Agents of Positive Change. The project with the community have been used, as well as the is also carried out in close partnership with the creation of a Mohajareen Community Committee. Ministry of Youth and Sports. Naba’a has also arranged design workshops with children and women to make sure that these groups Project F’s objectives are participating in the development of the recon- struction plan of the area and the houses. During The goal of the project is to “create an enabling the process of designing the area, there have also policy and programmatic environment allowing ad- been trainings for the community on issues such as olescents to grow to their full potential and partici- gender, elections, communication, conflict resolution pate on national development.�7 The layout of the and special training for youth. Adolescent-Friendly Spaces are that already exist- ing youth and community centers, with the support from the local NGOs and UNICEF, are facilitating Project E: Remedial education project in daily after-school learning spaces for adolescent the Scout Centre in Nahr El Bared and boys and girls (aged 10-18), so-called “corners.� The Beddawi corners provide participatory learning classes in Ar- abic and math for low achievers and school drop- The project is run by UNICEF together with outs along with sessions in life-skills based educa- UNRWA and the local Scout centers. The project tion and sports. At some centers, recreational art, uses a Child Rights-Based Approach to Program- music and drama are also provided. To increase and ming as defined by UNICEF. strengthen the role of adolescents and to ensure the sustainability of the adolescent-friendly space, Project E’s objectives UNICEF and its partners are building the capacity of the Board of Directors in these centers. All four The project focuses on basic education for children partners are coordinating the implementation of that have been identified in UNRWA schools as the program with UNICEF and with the Ministry of having learning challenges. The project also facili- Youth and Sports both nationally and locally. tates recreational activities for the same group of children. The main local implementing partner is the Scouts, but in order to facilitate a referral system from the schools, the project also includes coop- 7 UNICEF MENA Regional office (2009) Donor Report, eration with UNRWA. In total, six staff members Adolescents: Agents of Positive Change,The Rights to participation, p. 8 69 Project G:The Protection and Commu- tive change in the lives of children�8 as well as a nity Mobilization Program forum for exchange of experiences and resources. Consequently, the network is both a local partner The project is carried out by Defence for Children and a method to increase community mobilization. International (DCI) in partnership with the Palestin- It aims to strengthen the capacities both of the ian Network for Children’s Rights (PNCR). PNCR children in focus and of the network members on consists of 60 organizations out of which a couple an organizational level. Other aims of the network were in focus for this research. The project is said are to promote awareness of the rights of the child to be “inspired by Child Rights Programming�. in all involved communities, and further children’s participation in the Palestinian community at large. Project G’s objectives In the West Bank, a DCI junior board consisting of child representatives from the network member The Palestinian Network for Children’s Rights was organizations has been established, as well as child established through The Community Mobilization protection teams working to assure children’s Unit at DCI and is today serving as a “platform for rights within the network organization and its mobilization of a social movement toward posi- activities. 8 Defense for Children International/Palestine, Semi Annual Report 2011, p. 10 70 Rights-Based Programming for Children in Conflict-Affected Areas Appendix C Research Statistics Four semi-structured individual interviews9 and 30 focus group interviews with 174 children and 24 indi- vidual interviews (with some exceptions) with parents were conducted as part of the study. The decision to conduct focus groups with the children was intended to help them feel at ease. Many questions were asked in the form of games and then followed-up on through further queries. Fifty-two percent of the children interviewed were girls and the rest were boys, all of them between the ages of 7 and 17. Interviews, most of them individual, were also conducted with 96 staff members engaged in the projects at various levels. Among these, practitioners were interviewed together in eight groups of three to eight per- sons each, also in order to ease the atmosphere and to allow the researchers to speak to more people. Finally, 20 officials and community leaders were also interviewed individually. All 323 interviews were car- ried out during the spring and late summer of 2011. All data was then analyzed using both prescriptive and open content analysis, meaning that interviews and texts were examined using the defined key components of child rights-based programming, but also searching for specific discourses and common themes in the data related to project benefits and/or chal- lenges and/or a relationship to safety and security. 9 The individual interviews were conducted during a pilot at the start of the study. 71 Pilot: Save the Save the Chil- Save the DCI, UNICEF, Total no. of Children dren Children Occupied Occupied interview- Sweden, Sweden, Sweden, UNICEF, Naba’a, Palestinian Palestinian ees/catego- Lebanon Yemen Lebanon Lebanon Lebanon Territories Territories ries Staff, core 2 5 3 2 10 3 3 28 organization Staff, local 15 13 7 8 Core 14 11 68 implementing org. organization/s Parents 7 4 5 4 6 4 3 33 Mother, host 4 1 1 3 4 2 2 17 community Father, host - 1 1 1 2 2 1 8 community *Mother, IDP/ 3 1 2 - - - - 6 refugee *Father, IDP/ - 1 1 - - - - 3 refugee Children 25 35 26 23 23 10 32 174 Age: Age:12- Age: Age: Age: Age:11-17 Age: 14- 7-12 15 10-15 8-13 6-15 17 Girls, host 7 6 8, 12 15 4 17 69 community Boys, host 2 7 6 11 8 6 15 55 community *Girls, IDP/ 6 11 4 - - - - 21 refugee *Boys, IDP/ 10 11 8 - - - - 29 refugee Community - 1 1 - 6 1 1 10 leaders Local officials - 1 1 - 1 - 1 4 National of- - 1 2 - 1 1 1 6 ficials Total no/org 49 60 45 37 47 33 52 Total no of respon- dents: 323 * This category exists in the pilot-project as well as for Save the Children’s projects in Yemen and Lebanon 72 Rights-Based Programming for Children in Conflict-Affected Areas Appendix D Analyzing The Projects in Relation to the Key Components of Child Rights-Based Programming Scale: Ranking: 2: Exist to a satisfying level 1: Project G = 59 1: Exist to some extent 2: Project F = 55 0: Lack of data 3: Project C = 46 -1: Do not exist 4: Project A & D = 32 5: Project B = 25 6: Project E = (2) Indicators Project Project Project Project Project Project Project A B C D E F G Child rights situa- tion analysis - challenges identi- fied from a rights perspective; 1 2 2 -1 0 2 2 - underlying causes of non-realization of rights and develop- ment challenges are identified, including an analysis of power relationships; 2 1 2 -1 0 2 2 - foundation for the country strate- gies and thematic project plans are laid out; 0 0 0 0 0 0 0 - legal and policy environment are assessed; 1 2 2 2 0 2 2 - duty bearers, their capacity and political will are identified; 0 -1 2 0 0 2 2 - duty bearers’ awareness of their human rights obliga- tions are assessed 0 -1 2 0 0 2 2 73 Clear and outspo- ken child focus 2 2 2 2 2 2 2 - children are viewed as social actors; 1 1 1 1 1 1 2 - the unique cir- cumstances (fami- lies, social environ- ment etc.) in which children live and act are acknowledged; 2 2 2 2 1 2 2 - the above is taken into ac- count in planning, implementation and evaluation 2 2 2 2 0 2 2 Inclusion of marginalized, disadvantaged, or excluded groups 2 2 2 2 0 2 1 - urgent rights violations of such groups are ad- dressed; 2 2 2 2 0 2 2 - long-term sustainability of societal develop- ment is in focus 0 -1 2 1 0 2 2 Different kinds of duty bearers are identified - duty bearers in need of support are identified; 0 1 2 1 0 2 2 - duty bearers to be held account- able are identified 0 1 2 1 0 2 2 Explicit human rights objective(s) and measurable goals and targets 74 Rights-Based Programming for Children in Conflict-Affected Areas - goals are clearly related to hu- man rights and/or CRC; 1 1 1 1 0 1 2 - knowledge about human rights of all, and especially the rights of the child, is disseminated; 1 1 1 1 0 2 2 - information on how to access one’s rights is spread; -1 -1 -1 1 0 1 2 - advocacy on child rights is car- ried out; 0 1 2 1 0 2 2 - goals and tar- gets, both for processes and outcomes, are clearly formulated 0 in a way that can be measured. 2 1 2 2 2 2 - a child rights language is used in plans, budgets and memoran- dums of under- standing etc; 1 1 1 -1 0 2 2 - references to the CRC, its op- tional protocols and general com- ments are made in the work 1 -1 1 -1 0 2 1 Monitoring and evaluating are carried out with child rights- based principles and indicators 75 - monitoring, etc. focus both on processes and outcomes 0 1 2 2 0 2 2 - child rights principles and indicators form a basis for evalua- tions 1 -1 -1 0 0 1 2 - the children in focus participate in the evaluation process 1 1 1 1 0 2 2 - children in focus feel their views are taken into account in planning, imple- mentation and evaluation 1 1 2 2 0 2 2 The CRC’s four core principles are taken into full account - children’s right to life, develop- ment and sur- vival permeate all stages of the project cycle 1 1 1 1 0 1 1 - non-discrimi- nation permeate all stages of the project cycle 2 2 2 2 0 2 2 Participation permeate all stages of the project cycle 2 1 2 2 0 2 2 76 Rights-Based Programming for Children in Conflict-Affected Areas - considerations of best interest of the child per- meate all stages of the project cycle 0 0 1 0 0 1 1 Local ownership, partnership and participation are paramount - children in fo- cus are included in processes of identifying rights violations or other concerns; 0 -1 -1 1 0 -1 1 - children in fo- cus feel that the project is impor- tant or relevant to them; 2 2 2 2 0 2 2 - partnership with host states, civil society, communities etc. include referenc- es to child rights- based program- ming and/or the CRC 2 0 1 1 0 2 2 Total Score 32 25 46 32 (2) 55 59