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

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