Participation under Fire: Dilemmas of Reintegrating Child Soldiers Involved in South Sudan's Armed Conflict

Abstract

The tension inherent in the juxtaposition of children's right to participation and to protection is most starkly manifested in the context of armed conflict. The possibility that children may not only choose to participate in military structures, but actually derive some benefits from such participation must be seriously considered. Failure to adequately address children's own motivations and wishes constitutes a denial of their participation rights. It also poses a threat to disarmament, demobilisation and reintegration (DDR) programmes seeking to facilitate child ex-combatants' transition to civilian life. Inspired by the new paradigm of social studies and the theory of legal pluralism, this article presents the findings of a study of participation rights as they apply to child soldiers. Using the child-focused DDR initiatives currently being implemented in South Sudan as a main case study, the author combines insights derived from an examination of local norms and universal legal standards with field research to elucidate the legal, cultural, moral and practical dilemmas of upholding child soldiers' right to participation. Analysis of these inter-related issues seeks to advance the view in favour of field-based investigations testing the current normative assumptions guiding both child advocacy and DDR policy.