A/HRC/15/58
15.
Further, when considering or adopting resolutions on country-specific situations or
thematic issues, the Human Rights Council is encouraged to include therein
recommendations on or references to protection of children affected by armed conflict. The
following resolutions of the Council during the period under review included such
references: resolution 13/25 on the situation of human rights in Myanmar; resolution 13/22
on the situation of human rights in the Democratic Republic of the Congo and the
strengthening of technical cooperation and consultative services; and resolution 12/26 on
assistance to Somalia in the field of human rights.
III.
The Optional Protocol on the involvement of children in
armed conflict – a call for its universal ratification
16.
The adoption of the Optional Protocol 10 years ago, establishing the age of 18 as the
minimum age for participation in hostilities and compulsory recruitment, was a major
victory for children affected by armed conflict. The Special Representative would like to
recall five elements of the Optional Protocol which are especially significant:
(a)
States are to take "all feasible measures" to ensure that members of their
armed forces who have not attained the age of 18 do not take a "direct part" in hostilities;
(b)
States are to ensure that persons who have not attained the age of 18 are not
compulsorily recruited into their armed forces;
(c)
Insurgent armed groups are prohibited, "under any circumstances", from
recruiting persons under the age of 18, or using them in hostilities;
(d)
The new standards apply to both international conflicts and civil wars;
(e)
State parties are called upon to cooperate, through technical cooperation and
financial assistance, in the prevention of child recruitment and the use of child soldiers, and
in the rehabilitation and social reintegration of former child soldiers.
17.
However, the provision on voluntary enlistment into national armed forces still falls
short of the straight-18 position that the Special Representative has been advocating, even if
specific safeguards, such as the provision of reliable proof of age and the informed consent
of both child and parents, are in place. The Special Representative therefore urges States, to
establish 18 as the minimum age for voluntary recruitment into the armed forces when
depositing their binding declaration (under article 3) upon ratification of the Optional
Protocol. States that have ratified but not adopted the straight-18 policy are requested to
reconsider their declaration, in order to raise the minimum age for recruitment into the
armed forces to 18.
18.
To date, a total of 36 countries have neither signed, ratified nor acceded to the
Optional Protocol, while 24 countries have signed the Optional Protocol but not yet ratified
it. It should be our common goal to strive towards achieving universal ratification of this
instrument in order to give it the broadest possible legitimacy and force. This will certainly
be a decisive contribution to the universal realization of children’s rights.
19.
Signing and ratifying the Optional Protocol entails real responsibilities undertaken
by State parties to fulfil their obligations under international law, including undertaking
legislative efforts to develop or reform national legislation to prevent, prohibit and
criminalize the recruitment and use of children. This places a clear resource obligation on
States, as ratification and the implementation processes are expensive undertakings,
including having to meet reporting requirements. For some of these countries, dedicated
government budgets and human resources are insufficient and technical capacity limited. In
this instance, the Special Representative encourages leadership by one or more countries
6