A/HRC/21/38
that goal. In Myanmar, negotiations with the Government towards the signing of an action
plan to end the recruitment and use of children in the armed forces, including the integrated
border guard forces, are in their final phase, and the prompt signing of an action plan is
expected.
18.
There has also been progress in the protection of children abducted across borders
by the Lord’s Resistance Army (LRA), with the establishment by the Uganda People’s
Defence Force in May 2011 of standard operating procedures for the reception and
handover of children and women separated from LRA in the Central African Republic, the
Democratic Republic of the Congo and the Sudan, which stipulate that all children
separated from LRA in the custody of the Uganda People’s Defence Force must be handed
over to child protection actors within seven days.
19.
The progress made notwithstanding, significant challenges in addressing grave
violations against children remain. Impunity for grave crimes perpetrated against children
remains a serious challenge. The Special Representatives notes with great concern the
growing list of persistent perpetrators of grave violations against children, with 32 parties
to conflict having been listed by the Secretary-General for at least five years. More must
be done to enforce compliance with international obligations and to address factors that
undermine efforts to combat impunity, such as the lack of political will, weak legal and
judicial infrastructures, and the insufficient allocation or absence of resources and
expertise to conduct investigations and prosecutions.
20.
Obstacles to dialogue for the development of action plans between the United
Nations and non-State armed groups continue to persist. These include lack of access to
armed groups and of political will, fragmentation within armed groups or the inability to
identify perpetrators and hold groups accountable for violations committed. Countries
affected by these constraints include Afghanistan, Colombia, the Democratic Republic of
the Congo, the Philippines, the Syrian Arab Republic and Yemen.
21.
The lack of economic opportunities and insufficient long-term funding continue to
hamper the reintegration of children formerly associated with armed forces and group s.
This is the case in the Central African Republic, Chad and the Philippines, for example,
where many children remain associated with armed actors through their communities. In
many countries, continuing fighting and insecurity make children vulnerable to
rerecruitment and limit the access of actors delivering reintegration support.
22.
An additional challenge lies in ensuring that timely and reliable information on
grave violations against children is available in emerging crises. During the reporting
period, such challenges arose in Libya, Mali and the Syrian Arab Republic. The Special
Representative would welcome a dialogue with all United Nations partners on how to
better address the situation of children in rapidly evolving conflicts. She also stresses the
need for the early deployment of specific child protection capacity.
IV. First judgement of the International Criminal Court on the
war crime of recruitment and use of children
23.
On 14 March 2012, the International Criminal Court delivered its verdict in the case
The Prosecutor v. Thomas Lubanga Dyilo, convicting Thomas Lubanga of the crimes of
conscripting and enlisting children under the age of 15 years into the Forces patriotiques
pour la libération du Congo and using them to participate actively in hostilities. The Court’s
first judgement on the issue of child recruitment constitutes important international
jurisprudence for future cases. In 2008, the Special Representative testified as an expert
witness before the Court and submitted an amicus curiae brief providing clarification on the
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