A/HRC/15/58
• Transitional Federal Government of Somalia (TFG).
28.
The near total impunity for grave crimes perpetrated against children remains
disturbing and poses a serious challenge for the protection of children. Despite several
initiatives and commitments by some governments to address impunity using national
accountability mechanisms in 2009, including by initiating investigations, arrests and trials
against members of armed forces or armed groups, with some resulting in convictions,
impunity continues to prevail. Factors which undermine the fight against impunity include
the lack of political will, weak legal and judicial infrastructures, as well as the absence of
resources and expertise to conduct investigations and prosecutions. In some cases, there is
deliberate obstruction of the course of justice and a failure to focus on command
responsibility. The Special Representative emphasizes that unless all parties to conflict
adhere to their commitments, comply with their international obligations and are held
accountable for non-compliance, the plight of children in situations of armed conflict risks
deterioration.
V.
Progress made in addressing grave violations against
children in armed conflict
29.
Since the previous report of the Special Representative to the Human Rights
Council,5 the commitments made by the Moro Islamic Liberation Front (MILF) in the
Philippines, the Unified Communist Party of Nepal-Maoist (UCPN-M) and the
Government of Nepal, as well as the Forces nationales de liberation (FNL) in Burundi,
which were reflected in that report, have been translated into tangible actions by these
parties in 2009 and 2010. Action plans to end the recruitment and use of children and to
secure their release were signed between the United Nations and the MILF, the Sudan
People’s Liberation Army (SPLA), the Government of Nepal, and the UCPN-M on 30 July,
20 November and 16 December 2009, respectively. Additionally, in June 2010, the Sudan
Liberation Army/Free Will, a signatory to the Darfur Peace Agreement, established an
action plan and issued an order to all commanders and members of the armed group to stop
recruitment and re-recruitment of children in their ranks. Since July 2009 to date, the
SLA/Free Will has released 173 children; while the Maoist party in Nepal released almost
three thousand minors in an extraordinary process in February this year.
30.
In Burundi, pivotal success was achieved with the complete cessation of recruitment,
the release of all children associated with the FNL and their reunification with their
families. This group was removed from the annexes of the Secretary-General’s report as a
result. In the course of 2009, thousands of children were also released by parties in the
Central African Republic, Chad, Colombia, the Democratic Republic of the Congo,
Myanmar, Sri Lanka and the Sudan.
VI.
Vulnerabilities and risks faced by children who are internally
displaced during armed conflict – addressing their rights
31.
Most people fleeing armed conflict do so within the borders of their own countries.
They are unable or reluctant to leave their homelands and increasingly find countries of
asylum less willing to accept them. Of the estimated 27.1 million people around the world
today who have been forced to flee their homes due to armed conflict, and who remain
within their countries as IDPs, at least half, and likely more, are children.
5
A/HRC/12/49.
9