A/HRC/31/19
60.
The speeches and briefings of the Special Representative reinforced the message that
Governments bear the primary responsibility for protecting civilians and pursuing
accountability in situations of conflict. States must adopt clear legislation and issue
command orders to their security forces to protect civilians and, in particular, take
precautionary measures to avoid harm to children. All crimes must be investigated
promptly and effectively, and perpetrators must be prosecuted. Complex security
environments and instability can significantly hinder the pursuit of accountability by
impeding investigations, overburdening the judicial infrastructure and complicating
sentence enforcement. However, with the political will and appropriate resources, and by
prioritizing accountability, these challenges can be overcome.
61.
Progress has been made in ending impunity for grave violations against children
affected by conflict during the past 12 months, particularly in the Democratic Republic of
the Congo. In January 2015, an arrest warrant was issued against the then leader of the
Forces de résistance patriotiques en Ituri, Cobra Matata, for war crimes and crimes against
humanity. At the time of writing, in December 2015, Cobra Matata was in pretrial
detention. The charges included recruitment and use of children and rape. Building on
progress made with regard to prosecutions and convictions in 2014, between July and
September 2015 13 elements of the Armed Forces of the Democratic Republic of the
Congo (Forces armées de la République démocratique du Congo — FARDC) and 4
members of the national police were sentenced by military courts for killing and
committing sexual violence against children. The perpetrators were handed custodial
sentences ranging from 30 months to 20 years. Moreover, the United Nations is currently
working with the judicial authorities to issue several new arrest warrants for the recruitment
and use of children. These developments demonstrate a sea change in the approach to
accountability in the Democratic Republic of the Congo and exhibit that political will can
be turned into clear results regarding ending impunity, even when a Government is
confronted with an ongoing armed conflict.
62.
The Government of Afghanistan has also undertaken important legal reform. As
noted in this report, in 2015 a presidential decree entered into force that criminalized
underage recruitment. The decree was adopted by both parliamentary chambers on 2
February 2015 and came into force shortly thereafter. This is an important step since the
criminalization of child recruitment lies at the centre of all efforts to ensure accountability
and prevent the recruitment and use of children by both the Government and non-State
actors. Moreover, following the visit of the Special Representative to Nigeria, on 21
January 2015 the Nigerian Federal Minister of Justice issued an advisory on the unlawful
use of children in the prosecution of perpetrators of hostilities and parties to armed conflict
in the north-eastern states, reiterating the Government’s obligations under international law
and urging the military high command to ensure that commanders and personnel at all
levels refrain from using children.
63.
In her previous report to the Human Rights Council, the Special Representative
highlighted the willingness of the transitional authorities in the Central African Republic to
pursue accountability. On 3 June 2015, the Head of State of the Transition of the Central
African Republic promulgated a law creating a special criminal court to investigate and
prosecute grave human rights violations committed in the country since 2003. The Special
Representative urges Member States to support the national authorities in their efforts to
pursue accountability for violations against children and other serious crimes.
64.
In line with the 2005 Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law, Member States should ensure that their
domestic laws provide, to the extent possible, justice and reparations to victims. Although
the responses of Member States often lack this vital element, there has been an important
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