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past several years, numerous parties to conflict in places such as Côte d’Ivoire,
Nepal, the Philippines, Sri Lanka, the Sudan, Uganda and elsewhere, have begun to
implement action plans that put in place measures to prevent child recruitment and
to identify and release children already associated with their forces. As such
practical action to address the issue of children associated with armed forces and
groups has gained traction, credibility and momentum, the process is now under way
to structure similar dialogue and action plans to address other violations, such as the
killing and maiming of children and rape and other forms of sexual violence. For the
children, this is where the promises of protection of the international community as
expressed in international law and resolutions finally become tangible. As the
primary duty bearers for the protection of children, Member States are encouraged
to devise ways to enable child protection dialogue with State and non-state parties
as necessary.
C.
Children and transitional justice
44. In his report on the rule of law and transitional justice in conflict and postconflict societies (S/2004/616), the Secretary-General defines transitional justice as
the full range of processes and mechanisms associated with a society’s attempts to
come to terms with a legacy of large-scale past abuses, in order to ensure
accountability, serve justice and achieve reconciliation. These may include both
judicial and non-judicial mechanisms, with differing levels of international
involvement (or none at all) and individual prosecutions, reparations, truth-seeking,
institutional reform, vetting and dismissals, or a combination thereof. Given the
deep impact of conflict on children, child protection actors have advocated for a
comprehensive view of the involvement and participation of children in all aspects
of transitional justice. To attempt transitional justice processes without involving
children not only fails to comply with the Convention on the Rights of the Child —
the most universally ratified international instrument — it also compromises the
outcome of those processes.
45. The imperative of child participation in transitional justice has gained both
credence and clarity in past years. The importance and potential of transitional
justice for children is evident. At the same time, it is more widely recognized that
their views and experience provide unique and critical contributions to these
processes and to national reconciliation.
46. In 2002, the indictment for grave violations against children of all the
individuals charged by the Special Court for Sierra Leone, as well as the
involvement of children in that country’s Truth and Reconciliation Commission,
signified a shift that placed the issue of child participation centrally in the
international discourse on justice and truth-seeking mechanisms. Since then there
has been significant investment to create guidance and common perspectives on the
basis of lessons learned and of best practices from Sierra Leone and elsewhere.
47. In this regard, the Innocenti Research Centre of the United Nations Children’s
Fund (UNICEF) and the Human Rights Program of Harvard Law School convened a
meeting of experts and practitioners in April 2009 to consult on new and emerging
issues in the area of child rights and transitional justice. This forum led to the
publication in March 2010 of Children and Transitional Justice: Truth-Telling,
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