A/HRC/42/CRP.5 568. International law does not entitle EAOs to recruit adults on a compulsory or forced basis or to recruit children on any basis.1359 EAOs must also not allow children to take part in hostilities.1360 Although there is not yet a uniform practice regarding the minimum age for recruitment or participation in hostilities under international law, the minimum age must not be less than 15 years.1361 The most protective international human rights treaty prohibits recruit and participation in hostilities of persons under 18 years.1362 The prohibition on recruitment implicitly protects children from engaging in armed group training and support functions that do not constitute participation in hostilities. The Mission notes that several armed groups in Myanmar have signed commitments not to recruit or use children under the age of 18 years.1363 The Mission encourages other EAOs operating in northern Myanmar to do the same. It strongly encourages EAOs to refrain from recruiting children under the age of 18 years or using them in hostilities. When there is doubt as to whether a person is a child, EAOs should treat the person as such. 569. The Mission received reliable but unconfirmed information regarding sexual and gender-based violence by EAOs in Kachin and Shan States. The Mission concludes on reasonable grounds that sexual and gender-based violence by EAO fighters has been less than that perpetrated by government security forces. Nor have EAO fighters committed sexual and gender-based violence with the same intent of targeting the civilian population.1364 However, further investigation is required. The Mission is concerned, on the basis of cases it has investigated, that EAO justice systems are inadequate in addressing allegations of sexual and gender-based violence. 570. The Mission finds that further investigation is warranted to determine whether the UWSA’s mass detention and abuse of Christian minorities constitutes persecution as a crime against humanity. Based on preliminary information available to the Mission, the large number of arrests and detentions, as well as the destruction of property targeting Christian people and Christian sites, appear indicative of a widespread attack on a civilian population on the basis of religion. Denial of physical liberty and ability to practice one’s religion amount to intentional and severe deprivations of fundamental rights. Furthermore, based on the information collected by the Mission, the intent and purpose of the detentions were to prevent people from practicing Christianity, and therefore, discriminatory in nature. 1359 1360 1361 1362 1363 1364 A/HRC/39/CRP.2, para. 327; see, also J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 136 (recruitment of child soldiers). See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 137 (participation of child soldiers in hostilities). For further discussion of this issue see, A/HRC/39/CRP.2, para. 327. See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 136 (recruitment of child soldiers) and rule 137. Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, art. 4. See, for example, Karenni National Progressive Party/Karenni Army (KNPP/KA), Deed of Commitment, 13 April 2007, available: http://theirwords.org/media/transfer/doc/sc_mm_knpp_ka_2007_10185315c26ac6de1e465dd6108b6d732c.pdf; New Mon State Party/Mon National Liberation Army (NMSP/MNLA), Deed of Commitment under Geneva Call for the Protection of Children from the Effects of Armed Conflict, 2 August 2012, available: http://theirwords.org/media/transfer/doc/sc_mm_nmsp_mnla_2012_281a6fca6425a9058d2c50e22e71e871a6.pdf; Chin National Front/Chin National Army (CNF/CNA), Deed of Commitment, 10-3-2009, available: http://theirwords.org/media/transfer/doc/mm_cnf_cna_2009_055d9f8e63936f9d1dd82b23797c05be93.pdf; and Karen National Union/Karen National Liberation Army (KNU/KNLA), Deed of Commitment, 4 march 2007, available: http://theirwords.org/media/transfer/doc/201307291115272817a4e58e463562a88d6e1087e98031ea8.pdf. A/HRC/39/CRP.2, para. 370; PM-012. 153