28/54 Annual report of the Special Representative of the Secretary-General for Children and Armed Conflict, Leila Zerrougui

GE.14-25294



Human Rights Council Twenty-eighth session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Annual report of the Special Representative of the Secretary- General for Children and Armed Conflict, Leila Zerrougui

Summary

In the present report, which covers the period from December 2013 to December

2014, the Special Representative of the Secretary-General for Children and Armed Conflict

outlines the activities undertaken in discharging her mandate, including information on the

progress achieved with regard to developing and implementing action plans, the challenges

in the children and armed conflict agenda and field visits.

The Special Representative acknowledges the progress made since the previous

reporting period with regard to the launch of the “Children, Not Soldiers” campaign,

cooperation with regional organizations and the development and implementation of

international law to protect children’s rights. In the report, she notes the developments on

accountability for grave violations against children and highlights trends involving attacks

on schools and hospitals, sexual violence and detention.

Lastly, the Special Representative sets out a series of recommendations addressed to

States parties to the Convention on the Rights of the Child, the Human Rights Council and

Member States to further the protection of children’s rights.

Contents Paragraphs Page

I. Introduction ............................................................................................................. 1 3

II. Progress and challenges in addressing grave violations against children

in armed conflict ..................................................................................................... 2–10 3

III. Working with United Nations human rights mechanisms ....................................... 11–13 4

IV. Ending the recruitment and use of children in armed conflict ................................. 14–26 5

A. “Children, Not Soldiers” campaign ................................................................ 14–18 5

B. Progress with non-State armed groups ........................................................... 19–26 7

V. Detention ................................................................................................................ 27–30 8

VI. Attacks on schools and hospitals ............................................................................. 31–34 9

VII. Rape and other forms of sexual violence committed against children during

armed conflict.......................................................................................................... 35–37 11

VIII. Partnerships with regional organizations................................................................. 38–42 11

IX. Field visits by the Special Representative ............................................................... 43–47 12

A. Central African Republic ................................................................................ 44 13

B. Yemen ............................................................................................................. 45 13

C. South Sudan .................................................................................................... 46 13

D. Somalia ........................................................................................................... 47 13

X. Progress in the development of international law ................................................... 48–50 14

XI. Progress in achieving accountability for violations of children’s rights ................. 51–67 14

XII. Observations and recommendations ........................................................................ 68–74 17

I. Introduction

1. The present report covers the period from December 2013 to December 2014 and is

submitted pursuant to General Assembly resolution 67/152, in which the Assembly

requested the Special Representative of the Secretary-General for Children and Armed

Conflict to submit a report to the Human Rights Council on the activities undertaken in

fulfilment of her mandate, including information on progress achieved, challenges in the

children and armed conflict agenda and her field visits.

II. Progress and challenges in addressing grave violations against children in armed conflict

2. Unprecedented challenges for the protection of tens of millions of children growing

up in countries affected by conflict materialized in 2014. In particular, children in six

countries affected by major crises, namely, the Central African Republic, the State of

Palestine, Iraq, Nigeria, South Sudan and the Syrian Arab Republic, were exposed to the

most egregious violations. In most of those countries, conflict was characterized by

extremist ideology, sectarian, ethnic or religious divisions that challenged the response

capacity of national authorities and the international community. Those conflicts added to

existing challenges from protracted conflicts, such as in Afghanistan, the Democratic

Republic of the Congo, Somalia and Yemen, where grave violations against children

continued.

3. Among the events that shocked the world’s conscience were the abduction and/or

killing by Boko Haram of hundreds of girls and boys from their schools in north-eastern

Nigeria. The group’s brutal tactics, total disregard for basic human rights and targeted

attacks against schools have had regional repercussions on the education of children. In Iraq

and the Syrian Arab Republic, the Islamic State in Iraq and the Levant (ISIL) and other

groups espousing extremist ideologies also used extreme violence that directly or indirectly

targeted children. Moreover, some of ISIL propaganda materials broadcast through web and

social media featured sexual exploitation of Yazidi girls, religious indoctrination of

children and the use of child soldiers. Efforts to counter extremist groups have also posed

serious issues for the safety and well-being of children, with State-allied militias engaging

in uncontrolled or loosely-controlled mobilization, resulting in many boys, and sometimes

girls, being used in support roles and even as combatants.

4. The recruitment and use of children became endemic in the conflicts in South Sudan

and the Central African Republic. In both cases, ethnic and/or religious divisions, fuelled

by power struggles, resulted in killing and maiming, sexual violence and other grave

violations against thousands of children. The right to education and health, already weak in

both countries, has been seriously compromised.

5. There remained no end in sight for the conflict in the Syrian Arab Republic, and

children continued to bear the brunt of the violence. In the State of Palestine, at least 539

children were reportedly killed during the Israeli military operations launched in Gaza

between 8 July and 26 August 2014. Thousands more were injured and suffered life-long

disabilities or lost family members, homes, schools and hospitals in the bombings. The

situation in Libya and Yemen is equally alarming.

6. In all of those countries, children were killed, maimed, abducted, sexually abused,

and recruited and used by armed forces or groups. Their schools and hospitals came under

attack and they were too often denied access to vital humanitarian assistance. We have seen

the highest number of displaced persons since the Second World War, including millions of

children. Whether displaced within or outside of their home countries, children are

particularly vulnerable and face additional challenges in relation to access to health care

and education. In some cases, Government response to conflict, through their own armed

forces or militias, created additional risks for children.

7. The proliferation of crises, coupled with the imperative to provide adequate

assistance to children in countries affected by protracted conflict, has put the United

Nations response mechanisms to the test. Despite all our efforts, hundreds of thousands of

children have dire protection needs. Responding to the long-term psychological impact and

reintegrating children formerly associated with armed forces and groups will require more

resources than are available today. The needs of children exposed to the violence carried

out by extremist groups will pose even greater challenges to which we must prepare a

structured and coordinated response. At the end of this difficult year, the Special

Representative concluded that, more than ever, children — often the majority of the

population in countries affected by conflict — continue to be the most vulnerable to the

impact of war.

8. To contribute to the system-wide response, the Special Representative strengthened

her collaboration with United Nations partners to foster accountability for perpetrators of

human rights violations by improving the monitoring and reporting of grave violations

against children. She used every opportunity and fora to bring the plight of children to the

forefront and to provide information on human rights violations committed against them. In

reaction to the increase in attacks against schools and hospitals, she launched a guidance

note on the topic to strengthen United Nations response through effective use of the tools

provided by the Security Council.

9. Addressing grave violations of children’s rights is imperative and all parties to

conflict who commit crimes must be held to account. In 2014, progress in ensuring that

appropriate judicial responses were in place to address grave violations against children

during conflicts was observed at national and international levels. However, the wave of

violence that has occurred against children, particularly as perpetrated by extremist groups,

has compounded the challenge of addressing accountability comprehensively, due to the

breakdown of law and order in the areas under their control.

10. Despite the daunting challenges that lay ahead, years of constructive engagement

with parties to conflict to end the recruitment and use of children are starting to bear fruit.

The Special Representative welcomes the emergence of a consensus among the

governments of the world that children do not belong in armed forces, especially in

conflict. The Special Representative seized the opportunity to turn the page on the

recruitment and use of children by government forces and launched, jointly with the United

Nations Children’s Fund (UNICEF), the campaign “Children, Not Soldiers”. The campaign

aims to end and prevent the recruitment of children by government forces, by the end of

2016.

III. Working with United Nations human rights mechanisms

11. The Special Representative considers Human Rights Council mechanisms and tools

as a key apparatus for addressing the plethora of challenges that all actors face to protect

children in armed conflict. In September 2014, at the invitation of the President of the

Human Rights Council, the Special Representative briefed the Special Session of the

Council on the situation in Iraq, which provided an important opportunity to highlight

violations of the rights of children. The Special Representative commends the Human

Rights Council for its decision, affirmed in resolution 7/29, to integrate the rights of the

child in its work and in the work of its mechanisms in a regular, systematic and transparent

manner and to dedicate at least one full-day meeting annually to discuss different themes on

children’s rights.

12. The Office of the Special Representative continued to work in close collaboration

with the Office of the United Nations High Commissioner for Human Rights (OHCHR)

with a view to mainstreaming children and armed conflict in the work of the treaty bodies,

special procedures and other human rights mechanisms. In the same vein, recommendations

relating to children and armed conflict formulated by United Nations human rights

mechanisms were important advocacy tools in the work of the Special Representative. On

regular occasions in 2014, the Special Representative met with the Chair and members of

the Committee on the Rights of the Child to improve the exchange of information and

encourage joint advocacy with respect to children affected by armed conflict. The Office of

the Special Representative also provided information on the rights of children in specific

conflict-affected country situations, ahead of universal period reviews. The Special

Representative encourages the Committee to continue to integrate the monitoring of grave

violations and to mainstream accountability in its consideration of States parties’ reports.

During the reporting period the Special Representative also met with the Special

Rapporteur on the sale of children, child prostitution and child pornography and the United

Nations Special Envoy for Global Education. Moreover, the Special Representative

engaged with the United Nations commissions of inquiry for the Central African Republic

and the Syrian Arab Republic to share information pertaining to grave violations against

children and to emphasize the importance of strengthening investigations into grave

violations of children’s rights.

13. The Special Representative and her Office also strengthened their relationship with a

number of United Nations coordination mechanisms on human rights. The Office is a

member of the Rule of Law Coordination and Resource Group and works to integrate child

protection concerns by highlighting the need for accountability. To that end, the Special

Representative attended the Rule of Law Coordination and Resource Group Principals

Retreat in Long Island, New York, in May 2014. The Office of the Special Representative

is also a member of the Human Rights Up Front initiative and participated in the

implementation of the initiative’s workplan through the subworking groups, on topics such

as information management and training. The Office periodically contributed to a number

of regional quarterly reviews and the Special Representative participated in meetings of the

Senior Advisory Group on situations included in the children and armed conflict agenda.

Lastly, as a member of the review group on the United Nations Human Rights Due

Diligence Policy, the Special Representative emphasized the links with the children and

armed conflict mandate, including where elements of action plans can inform risk

assessments.

IV. Ending the recruitment and use of children in armed conflict

A. “Children, Not Soldiers” campaign

14. In March 2014, the Special Representative, together with UNICEF, launched the

“Children, Not Soldiers” campaign to end the recruitment and use of children by

government security forces by the end of 2016. The campaign, endorsed by the Security

Council in resolution 2143 and welcomed by the General Assembly, aims to mobilize

political support, provide technical assistance and assist listed governments who are

committed to implementing an action plan and taking the necessary measures to ensure that

their security forces do not recruit or use children.

15. At its launch, all eight governments listed in the annexes to the Secretary-General’s

report on children and armed conflict (A/68/878-S/2014/339) endorsed the campaign,

namely Afghanistan, Chad, the Democratic Republic of the Congo, Myanmar, Somalia,

South Sudan, Sudan and Yemen. Six of them had already committed to ending and

preventing the recruitment of children and signed action plans with the United Nations.

Action plans are Security Council-mandated agreements between a party to conflict and the

United Nations that identify actions and measures to end and prevent grave violations

against children.

16. The “Children, Not Soldiers” campaign has gained momentum in the short time

since its launch. In May 2014, the Government of Yemen signed an Action Plan with the

United Nations, committing to ensure that their national security forces do not recruit or use

children. Chad completed all the requirements under its Action Plan and was delisted from

the annexes of the Secretary-General’s annual report on children and armed conflict in

2014. South Sudan recommitted to the Action Plan that it had signed in 2012 and, despite

the ongoing crisis, a national launch of the campaign was held on 29 October 2014. The

Government of the Democratic Republic of Congo made steady progress in the

implementation of its Action Plan, particularly with regard to giving the United Nations

access to military facilities and universal screening of recruits; it appointed a personal

advisor to the President on sexual violence and child recruitment. In August 2014, the

Government of Afghanistan confirmed its commitment to the campaign with the

endorsement of a “Road Map Towards Compliance,” which detailed 15 measures to fully

implement the Action Plan signed with the United Nations in 2011. In Myanmar, 376

children were released from the ranks of the Tatmadaw since the beginning of 2014.

Implementation monitoring is undertaken and dialogue held between the Government of

Myanmar and the United Nations every six months. In Somalia, a child protection unit has

been established in the Somalia Armed Forces and the Somali authorities put in place

mechanisms for the handover to the United Nations of children found in the ranks of its

army. Dialogue is ongoing with the Sudanese Government, which has expressed its

commitment to ensuring security forces without the presence of children.

17. The “Children, Not Soldiers” campaign reached out to United Nations Member

States and other actors to mobilize political and practical support. In May 2014, the Special

Representative chaired a meeting, convened by the Embassy of Luxembourg and the

African Union Peace and Security Council, in Addis Ababa, in which the five African

States concerned by the “Children, Not Soldiers” campaign participated. The meeting

focused on specific challenges, best practices and strategies towards ending the recruitment

and use of children by government forces. In June 2014, the United Kingdom of Great

Britain and Northern Ireland invited the Special Representative to participate in a closed-

door ministerial round table on ending the recruitment and use of children by armed forces.

In September 2014, also at the invitation of the United Kingdom, the Special

Representative moderated a round table on the margins of the General Assembly, in New

York, to share experiences and discuss the next steps in the implementation of the

campaign. The event was attended by Ministers of Foreign Affairs and representatives of

Afghanistan, Chad, Liberia, Myanmar, Sierra Leone, Somalia, South Sudan, Sudan,

Yemen, as well as the African Union Peace and Security Commissioner. Also in September

2014, the Office of the Special Representative and UNICEF collaborated with a number of

non-governmental organizations (NGOs) to organize a one-day workshop on ways to

support the campaign and harness complementarity between different actors to support the

implementation of action plans at national level. In Geneva, the Special Representative held

a consultative workshop with the NGO Focus Group on Children Affected by Armed

Conflict to take stock of the progress of the campaign and discuss best practices and lessons

learned in countries concerned. The “Children, Not Soldiers” campaign has also reached

out to regional organizations to mobilize support with regard to expertise, advocacy and

capacity-building.

18. The momentum generated by the “Children, Not Soldiers” campaign is encouraging.

The Special Representative continues to reach out to Member States and all relevant

partners to mobilize political, technical and financial support to fully implement the action

plans and reach the objective of no children in government forces in conflict by 2016.

B. Progress with non-State armed groups

19. Despite the ongoing challenges in respect of access to and dialogue with non-State

armed groups to end grave violations against children, the number of public statements and

command orders issued by armed groups prohibiting the recruitment and use of children

has increased. That trend was observed in a number of situations and provided a basis for

building momentum to address grave violations against children by armed groups.

20. Fifty-one armed groups are included in the lists annexed to the report of the

Secretary-General on children and armed conflict (A/68/878-S/2014/339). Those groups are

very diverse in nature, which requires different strategies of engagement, and the

implementation of child protection commitments may vary considerably. Advocacy

strategies require the identification of specific incentives based on the military structure,

size, modus operandi and other characteristics of armed groups. Taking those aspects into

account, concrete commitments are then identified by the United Nations and translated

into activities and measures with the armed group concerned, culminating in an agreed

action plan.

21. A multi-dimensional approach is also required to engage non-State armed groups to

advocate for compliance with international human rights and humanitarian law by all

parties to a conflict. In that spirit, the Special Representative continued to engage with

mediators, special envoys and regional organizations to integrate the protection of children

into peace-making initiatives on a case-by-case basis. During the reporting period, the

Special Representative maintained dialogue with the Special Envoy for the Great Lakes

Region, the former Joint Special Representative of the United Nations and the League of

Arab States for Syria, the Deputy Mediator of the Intergovernmental Authority on

Development (IGAD) for South Sudan, the Special Adviser to the Secretary-General on

Yemen and representatives of the Gulf Initiative. She also engaged regularly with mediators

involved in peace efforts, including representatives of third-party governments, the African

Union, the Economic Community of Central African States, IGAD and the United Nations.

22. That approach has assisted in the effort to gain commitments and positive

developments from a number of non-State actors on the recruitment and use of children and

the prevention of other grave violations throughout the reporting period. In the Philippines,

during the course of 2014, the Moro Islamic Liberation Front renewed its commitment to its

Action Plan to end and prevent the recruitment and use of children, which was signed in

August 2009.

23. In the Central African Republic, the United Nations successfully advocated with

both the ex-Séléka and the anti-Balaka groups. The ex-Séléka leadership committed to take

measures against the recruitment and use of children and disseminated command orders

among its ranks with the support of the United Nations, which resulted in the release and

separation of over 70 children. Dialogue continued with field commanders of anti-Balaka

units, resulting in the separation of children in several instances. Discussions were also held

with United Nations and African Union partners to ensure that commitments to end the

recruitment and use of children and other grave violations against children would be

included in a political settlement. Protection concerns were included in the Accord de

cessation des hostilités en République centrafricaine signed on 23 July 2014.

24. In Sudan, following advocacy by the United Nations, several non-State actors issued

command orders or launched internal sensitization campaigns on the protection of children

and the prohibition of their recruitment and use. In August 2014, Minni Minnawi, leader of

a faction of the Sudan Liberation Army, further operationalized its commitment by putting

in place a mechanism to end the recruitment and use of child soldiers. A community-based

strategic plan was also initiated by Sheikh Musa Hilal and endorsed by the leaders of five

tribes. The strategic plan was designed to curb the use of children as fighters in inter- and

intra-ethnic clashes.

25. The Special Representative met in Addis Ababa, in May 2014, with the former Vice

President of South Sudan and leader of the Sudan People’s Liberation Movement/Army in

Opposition, Riek Machar, to whom she relayed her concerns regarding reports of large

numbers of children recruited and used, killed, maimed or raped by his forces. She obtained

a signed commitment to end the recruitment and use of children and all grave violations

against children, and command orders were issued following the meeting. However, at the

time of reporting, the commitment had yet to be implemented and violations against

children continued unabated by both sides.

26. In Mali, the joint leadership of the Mouvement national pour la libération de

l’Azawad and the Mouvement arabe de l’Azawad signed command orders prohibiting the

six grave violations against children and granted screening access to the United Nations.

Dialogue with other armed groups is ongoing. Armed groups also came forward in the

Syrian Arab Republic, pledging to end and prevent the recruitment and use of children as

well as other grave violations, including attacks on schools and hospitals, and the military

use of schools. In Yemen, the United Nations country task force on monitoring and

reporting engaged with the Al-Houthi armed group and maintained dialogue over a draft

action plan, despite the challenging security developments.

V. Detention

27. The detention of children without criminal charge or on national security charges

constitutes a growing challenge and a grave concern for the Special Representative, and is

present in nearly all situations that fall within the scope of her mandate. The challenge has

been compounded by the response of governments to extremist groups and the changing

perceptions of the status of combatants within the counter-terrorism framework.

Governments holding children for their alleged or actual association with radical armed

groups no longer view them primarily as victims of armed conflict but often consider the

children as security threats. Many counter-terrorism strategies typically comprise the long-

term deprivation of liberty and solitary confinement of individuals involved in perceived or

actual terrorist activities, which not only violates their rights to a fair trial but also has a

particularly devastating psychological impact on children. The impact of treating children

recruited and used by armed groups as security threats compounds the challenge of

addressing reintegration.

28. The problem of children detained by government authorities is also present in

situations in which there is little threat from extremists. Children arrested or captured in the

course of more conventional military operations are often held in poor conditions and

detained without being brought before a judge or granted access to a lawyer. If children are

prosecuted for acts allegedly committed during their involvement with an armed group, the

courts do not apply basic standards of fair trial and juvenile justice standards. Military

courts are particularly inappropriate forums for hearing cases involving children, given that

they do not fully recognize the special status of juveniles in conflict with the law.

Moreover, when deprived of their liberty, children are vulnerable to human rights

violations, including sexual abuse, degrading and inhumane treatment and, in some

instances, torture.

29. Despite the challenges, agreements have been reached with a number of

governments to ensure that detained children are handed over to the United Nations. In

March 2014, a standard operating procedure for the handover of children formerly

associated with armed forces and groups was adopted by the Government of Somalia. An

agreement for the handover of children formerly associated with armed forces and groups

was also reached with the African Union Mission in Somalia. On 10 September 2014, the

United Nations and the Government of Chad signed a protocol on the handover of children

associated with armed forces and groups, which includes specific provisions regulating

detention. Those procedures build on the progress made with protocols for the handover of

children formerly associated with armed forces and groups in the Democratic Republic of

the Congo and in Mali signed in 2013.

30. The Special Representative calls upon the Human Rights Council to use all available

tools to promote alternatives to the prosecution and detention of children for their alleged

association with armed groups, in particular under counter-terrorism responses. In that

regard, she commends the work of the Human Rights Council on detention and welcomes

the panel discussion at the 27th session of the Council on the protection of the human rights

of persons deprived of their liberty. The Special Representative attended the global

consultation on the right to challenge the lawfulness of detention before court, organized by

the Working Group on Arbitrary Detention in Geneva, on 1 and 2 September 2014. The

Working Group will submit draft basic principles and guidelines to the Human Rights

Council in 2015. The Special Representative anticipates that those documents will address

the impact of detention on children in armed conflict. Lastly, the Special Representative

welcomes the invitation by the General Assembly, in resolution 69/157 of 18 December

2014, to request the Secretary-General to commission an in-depth global study on children

deprived of their liberty, conducted in close cooperation with relevant United Nations

partners, including the Office of the Special Representative. The study will aim to

formulate recommendations for action to effectively realize the rights of the child and will

be submitted to the General Assembly at its seventy-second session.

VI. Attacks on schools and hospitals

31. Attacks on schools and hospitals are becoming an all-too familiar aspect of conflict,

depriving millions of children of their right to education and health. The Special

Representative remained deeply concerned by the increasing number of attacks on schools

and hospitals, despite their protected status under international law. In almost every

situation relating to the children and armed conflict agenda, the right to education and

health was gravely affected by attacks on and the widespread military use of schools and

hospitals as well as by attacks and threats of attacks against teachers and doctors. In many

situations, such as in Afghanistan, Iraq, Nigeria, Israel and the State of Palestine and the

Syrian Arab Republic, parties to conflict destroyed schools and hospitals by indiscriminate

shelling of civilian areas or in targeted attacks against education facilities, teachers, school

children, health workers and clinics. In 2014, we witnessed attacks on schools and

ideological opposition to standard school curricula in places as varied as Iraq, Nigeria,

Pakistan, southern Thailand, Somalia and the Syrian Arab Republic. Attempts by certain

groups to radicalize teachings or exclude girls or minorities from education pose an even

greater risk to the fundamental right of all children to an education. Health centres and

health workers were also targeted, leading to the resurgence of preventable diseases, such

as polio.

32. In recent years, the international community has become increasingly aware of the

impact on children of attacks on schools and hospitals and taken important steps to protect

those institutions. The Security Council recognized this important aspect in its resolutions

1998, and requested the Secretary-General to list in the annexes of his annual reports on

children and armed conflict the armed forces and groups who attack schools and/or

hospitals and related protected persons. In resolution 2143, the Security Council called for

enhanced monitoring of the military use of schools. To better implement those resolutions,

the Special Representative, together with UNICEF, World Health Organization (WHO) and

United Nations Educational, Scientific and Cultural Organization (UNESCO), published

the guidance note “Protect Schools and Hospitals”1 on 21 May 2014. With this guidance

note, child protection actors in the field will be better equipped to monitor, report on and

engage in advocacy, and work with parties to conflict to end and prevent attacks on schools

and hospitals. It also calls for increased collaboration with both traditional and new

partners, including a range of civil society partners whose work is crucial to protection from

and monitoring of attacks on education and health care.

33. Accountability for those who attack schools and hospitals is a key aspect of

prevention. The Special Representative reiterates her call upon Member States to promote

the guidance note, institute changes in national policies and legislation as well as in military

doctrine, manuals and training, and investigate and prosecute those who deliberately target

schools and hospitals. The Security Council expressed deep concern about the military use

of schools and hospitals as it compromises their civilian status, puts them at risk of attacks

as lawful military targets, and has a disruptive effect on educational and medical activities.

The Special Representative invites the Human Rights Council and other human rights

bodies to use all available means to draw attention to the issue, including the universal

periodic review, country situations and thematic reports. Lastly, the Special Representative

welcomes the release on 16 December 2014 of the “Guidelines for Protecting Schools and

Universities from Military Use during Armed Conflict”, by the Global Coalition to Protect

Education from Attack, and encourages Member States to adopt them.

34. The burdensome process of rebuilding and reopening schools and restoring a

community’s trust in their safety often leaves children without education for months or

even years. In that regard, the Special Representative underlines the importance of targeted

initiatives, such as the Secretary-General’s Global Education First Initiative, the “No Lost

Generation” initiative by the United Nations and its partners in the Syrian Arab Republic,

the planned data hub project on global attacks on education by Protect Education in

Insecurity and Conflict, which will be publicly available for advocacy use, and the

European Union Children of Peace initiative. Children growing up in the absence of health

care or education will have an impact on a society’s potential for development and peace

for many years after a conflict has ended. Ensuring access to education and health care, in

particular during times of war, must be a priority so as to better protect children from the

impact of armed conflict.

1 See “Protect Schools + Hospitals: Guidance note on Security Council resolution 1998”, May 2014.

Available in Arabic, English and French.

VII. Rape and other forms of sexual violence committed against children during armed conflict

35. Sexual violence continues to be a prominent violation of children’s rights in most

situations of conflict, affecting both girls and boys dramatically. Rape and other forms of

sexual violence are committed in the context of attacks against the civilian population and

children are usually targeted due to their vulnerability and frequently because of their

ethnicity. Violations are also committed in the context of recruitment and use of children g

and abductions. Girls are particularly vulnerable to abduction or recruitment by armed

groups to be used for sexual purposes. Parties to conflict use sexual violence against

children as a tactic to instil fear so as to assert control over people and land. It is also an

increasing trend used by extremist groups to terrorize populations. For example, Boko

Haram has been abducting girls from schools, and reports indicate that those girls have

been forcibly married to local commanders.

36. Access to justice by survivors of sexual violence remains a challenge in most

conflict situations, with social stigma and fear of reprisal being contributing factors. The

challenge of accessing justice in areas where instability prevails and State authority is weak

or absent is an additional constraint. Inappropriate legislation or administrative obstacles

also exist. In some cases, criminal codes do not have a definition of the rape, which may

lead to inconsistent application of the law by the police and judicial authorities. In other

cases, corruption — for example, the false requirement to present costly medical

certificates — may prevent victims from filing complaints. Another major impediment to

accessing justice is the often inadequate compensation provided to survivors, as well as

lengthy and costly procedures before the courts, which may lead a victim’s family to reach

an amicable settlement with the perpetrators, rather than bring the case to justice.

37. As part of global efforts to address sexual violence against children, the Special

Representative participated in the Global Summit to End Sexual Violence in Conflict, held

in London, in June 2014, and was the keynote speaker for the session dedicated to the

vulnerabilities of children to sexual violence in armed conflict. Her Office also contributed

to the Secretary-General’s guidance note on reparations for victims of conflict-related

sexual violence,2 which was jointly coordinated by OHCHR and the United Nations Entity

for Gender Equality and the Empowerment of Women (UN Women). The inclusion of

special guarantees for non-repetition in the design and implementation of State policy, as

well as the establishment of legal and institutional frameworks to prevent, investigate,

prosecute and punish crimes of sexual violence committed against children in situations of

conflict, is a positive development.

VIII. Partnerships with regional organizations

38. Partnerships with regional organizations have been a priority for the Special

Representative to further advance the children and armed conflict agenda and promote

regional ownership in the protection of children.

39. In May 2014, the Special Representative gave a briefing at the African Union Peace

and Security Council’s first-ever open session dedicated to children affected by armed

conflict. The briefing came after the signing of the Declaration of Intent on 17 September

2013, formalizing the collaboration between the Office of the Special Representative and

2 “Guidance note of the Secretary-General: Reparations for conflict-related sexual violence”, launched

in August 2014.

the Peace and Security Department of the African Union Commission, in partnership with

UNICEF. In October 2014, the Special Representative attended the African Union Fifth

High-Level Retreat on Promotion of Peace, Security and Stability in Africa, in Tanzania,

which provided the opportunity to exchange on issues relating to the children and armed

conflict agenda with senior African Union officials. With regard to the implementation of

the Declaration of Intent, a workplan is being developed with the support of a Child

Protection Advisor of the Peace and Security Department to mainstream and devise

strategies for the protection of children affected by armed conflict, especially as it relates to

the African Union’s activities in the areas of peace and security.

40. Tangible progress has also been made in developing a framework of cooperation

between the Office of the Special Representative and the League of Arab States to

mainstream child protection in the League’s peace and security agenda. The Cooperation

Agreement, signed on 22 September 2014, aims to enhance coordination and information

flow between the two entities, and a workplan is being developed with the aim of assisting

member States to mainstream child protection concerns into their policies and programmes,

identifying a high-level focal point for children and armed conflict within the League and

encouraging all its member States to ratify the Optional Protocol to the Convention on the

Rights of the Child on the involvement of children in armed conflict.

41. The Special Representative continues to work with the North Atlantic Treaty

Organization (NATO) to integrate the children and armed conflict agenda into their

policies, procedures and training. At the NATO Wales Summit in September 2014, NATO

Allies reaffirmed their commitment to carrying out their responsibilities to mainstream

child protection in the planning and conduct of its operations and missions, as well as in its

training, monitoring and reporting. In that regard, the Special Representative welcomes

NATO’s plans to adjust its military guidelines on children and armed conflict to ensure that

troops are sufficiently prepared whenever and wherever the issue is likely to be

encountered. The inclusion of a Children and Armed Conflict Advisor in the Resolute

Support Mission in Afghanistan is also a welcome step that will improve the capacity of

NATO troops and national authorities with regard to children and armed conflict issues.

42. In December 2014, the European Parliament Subcommittee on Human Rights and

Committee on Foreign Affairs held a special hearing on the campaign “Children, Not

Soldiers”. The Special Representative briefed parliamentarians on progress achieved since

the launch of the campaign and highlighted challenges and ways for the European Union to

support the objectives of the campaign. While in Brussels, the Special Representative met

with the Managing Director for Multilateral Affairs of the European External Action

Service and members of the Political and Security Committee to consider opportunities for

reinforcing the existing collaboration. In December 2014, the European Parliament created

an Intergroup on Children’s Rights to mainstream the needs and protection of children

across all parliamentary committees.

IX. Field visits by the Special Representative

43. During the reporting period, the Special Representative continued to use field visits

as a key advocacy tool for engaging with governments and non-State armed actors,

fostering constructive relations and gaining commitments from parties to conflict to end

grave violations against children. She visited the Central African Republic (December

2013), Yemen (May 2014), South Sudan (June 2014) and Somalia (August 2014).

A. Central African Republic

44. In the context of the escalating violence and the deteriorating security situation in

the Central African Republic, the Special Representative visited the country from 17 to

21 December 2013, together with the Special Adviser to the Secretary-General on the

Prevention of Genocide and a representative of the Office of the Special Representative of

the Secretary-General on Sexual Violence in Conflict. The primary aim of the visit was to

assess the impact of the conflict on children and to advocate with the then authorities and

other relevant interlocutors for the cessation of violence and protection for civilians. The

Special Representative called for the strengthening of United Nations capacity to ensure an

adequate response to the child protection crisis. Since that visit, the political landscape in

the Central African Republic has evolved and the Special Representative continues to

engage with the new transitional authorities.

B. Yemen

45. At the invitation of the Government, the Special Representative visited Yemen from

13 to 15 May 2014 for the signing of an Action Plan to end the recruitment and use of

children by government forces. Pursuant to the Action Plan, the Government of Yemen

committed to criminalize and investigate allegations of recruitment and use of children its

armed forces. Unfortunately, following the signing of the Action Plan, the security and

political situation in Yemen deteriorated and remains volatile, limiting implementation

progress. The Special Representative and the United Nations in Yemen continue to work

closely with the Yemeni authorities to make progress on the provisions of the Action Plan.

C. South Sudan

46. The Special Representative visited South Sudan from 22 to 27 June 2014 to assess

the impact on children of the crisis that has unfolded since 15 December 2013, and to

follow up on the implementation of the Action Plan signed in 2012. The Special

Representative, jointly with the Director General of UNESCO and its Special Envoy for

Peace and Reconciliation, met with the President of South Sudan. The Special

Representative called upon the President to hold perpetrators of violations against children

accountable and emphasized that there can be no peace without justice. A recommitment

agreement was signed by the Government of South Sudan and the United Nations to end

and prevent the recruitment and use of children by Sudan People’s Liberation Army. The

agreement also addressed the killing and maiming of children, sexual violence against

children and attacks on schools and hospitals.

D. Somalia

47. The Special Representative visited Somalia from 16 to 20 August 2014 to assess the

impact of conflict on children and to follow up with the Somali authorities on the

implementation of the two Action Plans to end and prevent recruitment and use of children

by armed forces and the killing and maiming of children, which were signed in 2012. The

precarious security situation and the lack of resources are paramount challenges, heavily

affecting the capacity to establish and uphold of the rule of law in Somalia, and permitting

widespread violations of human and children’s rights. Despite the difficulties, the Special

Representative found that there were opportunities to improve the environment and

minimize the impact of conflict and military operations on children.

X. Progress in the development of international law

Convention on the Rights of the Child and its optional protocols

48. In November 2014, the Special Representative participated in the celebration of the

25th anniversary of the adoption of the Convention on the Rights of the Child together

with, among others, the Chair of the Committee on the Rights of the Child, the Special

Representative of the Secretary-General on Violence against Children and the Special

Rapporteur on the sale of children, child prostitution and child pornography. She addressed

the General Assembly and called upon Member States to honour the commitments that they

have made to children, recalling that governments bear the primary responsibility for the

respect, protection and fulfilment of the rights of children. The Special Representative

utilized field missions to South Sudan and Somalia to reiterate that message and strongly

advocate for accession to the Convention on the Rights of the Child. She gained

commitments from the Presidents of both States to expedite the accession process. The

Special Representative welcomes the decision taken on 15 December 2014 by the Federal

Parliament of Somalia to ratify the Convention.

49. The Special Representative continued to encourage Member States to sign and ratify

the Optional Protocol to the Convention on the Rights of the Child on the involvement of

children in armed conflict and to enact legislation to criminalize the recruitment and use of

children. During the reporting period, she held bilateral meetings with United Nations

Member States that had not ratified and/or signed the treaty, and actively briefed regional

organizations, civil society and regional groups on the matters so as to coordinate advocacy.

Moreover, in September 2014, the Special Representative sent letters to all States that had

not yet ratified the Optional Protocol. In 2014, an additional seven States ratified the

Protocol, namely the Dominican Republic, Estonia, Ethiopia, Ghana, Guinea-Bissau, St.

Lucia and the State of Palestine. To date, the Optional Protocol has 129 signatories and 159

parties.

50. The Special Representative welcomes the entry into force of the Optional Protocol

to the Convention on the Rights of the Child on a communications procedure on 14 April

2014, as it will strengthen the overall architecture and redress mechanisms of the

Convention on the Rights of the Child and its Optional Protocol on the involvement of

children in armed conflict.

XI. Progress in achieving accountability for violations of children’s rights

51. Despite increasing violations in a number of situations, it is a sad reality that

perpetrators of grave violations of child rights are rarely brought to justice. Several factors

limit access to justice for children and facilitate impunity, such as breakdown in the rule of

law, corruption, ambiguity and gaps in the law, poverty and insecurity. The Special

Representative continued to work with United Nations bodies, offices, justice actors, NGOs

and other key interlocutors to pursue accountability and overcome those barriers. She also

continued to call for accountability for violations of the rights of children in bilateral and

multilateral meetings with United Nations Member States.

52. The devastating nature of the violence in the Central African Republic demanded a

robust response from the international community and the United Nations system

demonstrated a deep commitment to address impunity and put in place justice mechanisms.

In April 2014, the Security Council adopted resolution 2149 that allows the United Nations

Multidimensional Integrated Stabilization Mission in the Central African Republic

(MINUSCA) to adopt urgent temporary measures on an exceptional basis to maintain basic

law and order and fight impunity. Moreover, on 8 August 2014, the United Nations and the

Government of the Central African Republic signed a memorandum of understanding

providing for the creation of a Special Criminal Court composed of national and

international judges. The Special Criminal Court will be mandated to investigate serious

crimes, including grave violations of children’s rights, such as the recruitment and use of

children in armed conflict. The Central African authorities have started the process of

drafting and adopting legislation to establish the Special Criminal Court.

53. During the reporting period, the Special Representative engaged with sanctions

committees and panels to provide information where grave violations against children are

criteria for designation. She briefed the Security Council Committee established pursuant to

resolution 2127 (2013) concerning the Central African Republic, in May 2014, and the

Security Council Committee established pursuant to resolution 1533 (2004) concerning the

Democratic Republic of the Congo, in September 2014, and provided information on grave

violations of the rights of children. The Office of the Special Representative also increased

collaboration with relevant groups or panels of experts to share information on grave

violations against children.

54. The Special Representative continues to work with the International Criminal Court

in the pursuance of accountability. In 2014, the Office of the Prosecutor continued its

preliminary examinations of a number of situations, including Afghanistan, Colombia, Iraq

and Nigeria, and completed its preliminary investigation into the Central African Republic.

The Special Representative’s reports provided the Court with information on grave

violations against children.

55. On 1 December 2014, the Appeals Chamber of the Court delivered its verdict on the

appeal of Thomas Lubanga, confirming the verdict of the March 2012 Trial Chamber that

Mr. Lubanga was guilty of the enlistment, conscription and use in hostilities of children

under the age of 15. The Special Representative echoes the Prosecutor’s sentiments that

that decision stands as a symbol of hope and an important step towards bringing an end to

the suffering of tens of thousands of children still forced to fight, kill and die in conflicts

around the world.

56. In March 2014, the International Criminal Court rendered its judgement in the case

against Germain Katanga concerning an attack in the Democratic Republic of the Congo in

2003. A majority of the bench found him guilty of the crime against humanity of murder

and the war crimes of wilful killing, intentional attack against the civilian population,

pillaging and destruction of property. However, the defendant was acquitted of the charges

of using child soldiers, as well as of sexual slavery and rape. The Chamber acknowledged

that killing and maiming of children took place during the attacks and that children were

present in the armed forces at the time of the attack. That corresponds with the Special

Representative’s findings in 2003, that the Front de résistance patriotique en Ituri/Front

populaire pour la justice au Congo (FRPI/FPJC) was recruiting and using children, as were

the “Lendu militias” in 2002. The FRPI/FPJC is still listed for recruitment and use of

children in the 2014 annual report of the Secretary-General on children and armed conflict.3

57. The Special Representative commends the International Criminal Court on their

findings on the impact of conflict on children in the Democratic Republic of Congo in the

Lubanga and Katanga cases, and urges it to continue its efforts to strengthen evidence

gathering in instances of grave violations of children. In that regard, the Special

Representative welcomes the release in June 2014 of the Policy Paper on Sexual and

3 A/68/878-S/2014/339.

Gender-Based Crimes by the Office of the Prosecutor. The Office of the Special

Representative will assist the Office of the Prosecutor in developing a policy paper on

children and armed conflict to help ensure that there is full accountability for crimes against

children in times of conflict.

National initiatives to address issues of accountability

58. In addition to the Special Representative’s advocacy work and developments in the

legal architecture at the international level, there have been a number of positive legal

developments at national level, which are crucial to the protection of children. Indeed,

international instruments have limited reach and national legislation must be the first port of

call for addressing the multitude of violations of children’s rights that have been prevalent

in the past year.

59. In March 2014, the United Nations country task force on monitoring and reporting

in Chad re-launched advocacy efforts with the President of the National Assembly, the

Minister of Justice and the Minister of Foreign Affairs, calling on Chadian parliamentarians

to vote into law the Code of Child Protection and the Penal Code.

60. In April 2014, the Central African authorities created a special investigation and

instruction unit (Cellule spéciale d’enquête et d’instruction) with the mandate to investigate

and prosecute serious human rights violations.

61. In Columbia, a bill was approved in June 2014 on the protection of victims of sexual

and gender-based violence in armed conflict. This new law is a major step forward and

harmonizes the national legislation with international standards. It clarifies the scope of

crimes considered as sexual violence, with emphasis on victims under 14 years, introduces

the right to comprehensive response and assistance, in terms of health and psychosocial

support, and allows for the participation of victims in legal proceedings.

62. During the reporting period, some progress in accountability was seen in the

Democratic Republic of the Congo, with a life sentence for Forces Armées de la

République Démocratique du Congo (FARDC) Lt-Colonel Bedi Mobuli Engangela (alias

“106”) for the war crimes of murder, rape and sexual slavery, on 15 December 2014. A 10-

year sentence was also handed down to FARDC General Jerome Kakwavu by a military

court, for the war crime of rape, in November 2014. Four members of FARDC and one

member of the Police Nationale Congolaise were tried and convicted with prison sentences

ranging from three to 20 years for rape and attempted rape of girls in Katanga and North

Kivu, in July and August 2014. Additional investigations of members of the security forces

are ongoing with regard to the suspected rape of children. In addition, four former leaders

of the Nyatura and Mayi Mayi Shetani armed groups were arrested on charges of

recruitment and use of children and are awaiting trial in Kinshasa. Lastly, on 11 February

2014, the President of the Democratic Republic of the Congo promulgated an amnesty law

that excluded rape, sexual violence, recruitment and use of children from any amnesty.

63. In the Philippines, the United Nations country task force on monitoring and

reporting explored ways to integrate the provisions of the Action Plan into the broader

peace process, including ensuring the Moro Islamic Liberation Front’s accountability

towards children within the context of the Bangsamoro Basic Law, which was passed in

September 2014 and includes specific provisions on the protection of children. Moreover,

an act providing for the special protection of children in situations of armed conflict,

amending the Philippines Republic Act, is currently at the bicameral committee level.

64. In Afghanistan, a Presidential decree issued on 27 August 2014 strengthened the

existing legal framework by endorsing a law criminalizing the recruitment and use of

children. On 1 November 2014, following modifications, the law was approved by the

Lower House of the Afghan Parliament and is expected to be approved by the Senate and

endorsed by the President.

65. In November 2014, a Malian NGO filed a total of 104 criminal complaints on behalf

of women and girls who were victims of conflict-related sexual violence committed by

armed groups in 2012 and 2013. That was the first time that conflict-related sexual violence

cases have been submitted for legal proceedings in Malian courts.

66. In South Sudan, the Lower House of Parliament endorsed a draft law criminalizing

under-age recruitment by national forces. The law is expected to be passed by the Upper

House and ratified by the President. Moreover, the Legal Advisor to the Minister of

Defence and Veteran Affairs proposed amendments to the Sudan People’s Liberation Army

Act (2009) to include punitive measures for perpetrators of grave violations against

children. The proposals have since been delivered to the Ministry of Justice for further

amendment and drafting of a bill to be presented before the Legislative Assembly.

67. In Yemen, an amended draft child rights laws has been proposed, which includes

stricter penalties for those who recruit and use children and sets the minimum age for

voluntary recruitment at 18. The amended draft child rights law is pending before the

interministerial committee of the Cabinet. The interministerial committee will be

reactivated following the formation of the new Cabinet in November 2014.

XII. Observations and recommendations

68. The Special Representative commends the Human Rights Council for its work in relation to persons deprived of their liberty as well as on juvenile justice, and

encourages the Council to continue to give due consideration to the rights of children

affected by armed conflict in that regard, including in its resolutions on country-

specific situations and thematic issues and in the mandates of special procedures and

commissions of inquiry.

69. The Special Representative commends the inclusion of accountability for grave violations against children in armed conflict in the Committee on the Rights of the

Child’s consideration of States parties’ reports, and encourages the Committee to continue to integrate the monitoring of the six grave violations against children

affected by armed conflict.

70. The Special Representative notes with appreciation the attention paid by the special procedures mandate holders and commissions of inquiry to including child-

protection concerns in their work. She encourages them to continue to include the

plight of children affected by armed conflict in their monitoring, reports and

recommendations, and to bring those concerns to her attention.

71. The Special Representative welcomes national and international progress in achieving accountability on the part of perpetrators for grave violations against

children. Governments are encouraged to strengthen their support to justice systems

by allocating sufficient resources and capacity for investigating and prosecuting those

who perpetrate crimes against children in conflict.

72. The Special Representative calls upon States to consider alternatives to prosecution and detention of children for their alleged or actual association with

armed groups or as part of counter-terrorism measures, and to ensure, at a minimum,

that trials and procedures are consistent with international juvenile justice standards

and the principle of prioritizing the best interests of the child.

73. The indoctrination of children by extremist groups poses new challenges with regard to their protection and psychosocial rehabilitation and reintegration. The

Special Representative encourages the Human Rights Council to make use of its

mechanisms to highlight and address the need for appropriate measures to

rehabilitate those children, in compliance with the principle of the best interest of the

child and respecting the child’s primary status as a victim.

74. The Special Representative welcomes the recent ratifications of the Convention on the Rights of the Child and its Optional Protocol on the involvement of children in

armed conflict and reiterates her urgent call upon States who have not yet done so to

sign and ratify the Convention and its Protocols; to enact legislation to explicitly

prohibit and criminalize the recruitment of children into armed forces or groups and

the use of children in hostilities; and to establish the minimum age for voluntary

recruitment into the armed forces at 18 years, when depositing their binding

declaration (under article 3) upon ratification of the Optional Protocol.