A/HRC/28/54
Gender-Based Crimes by the Office of the Prosecutor. The Office of the Special
Representative will assist the Office of the Prosecutor in developing a policy paper on
children and armed conflict to help ensure that there is full accountability for crimes against
children in times of conflict.
National initiatives to address issues of accountability
58.
In addition to the Special Representative’s advocacy work and developments in the
legal architecture at the international level, there have been a number of positive legal
developments at national level, which are crucial to the protection of children. Indeed,
international instruments have limited reach and national legislation must be the first port of
call for addressing the multitude of violations of children’s rights that have been prevalent
in the past year.
59.
In March 2014, the United Nations country task force on monitoring and reporting
in Chad re-launched advocacy efforts with the President of the National Assembly, the
Minister of Justice and the Minister of Foreign Affairs, calling on Chadian parliamentarians
to vote into law the Code of Child Protection and the Penal Code.
60.
In April 2014, the Central African authorities created a special investigation and
instruction unit (Cellule spéciale d’enquête et d’instruction) with the mandate to investigate
and prosecute serious human rights violations.
61.
In Columbia, a bill was approved in June 2014 on the protection of victims of sexual
and gender-based violence in armed conflict. This new law is a major step forward and
harmonizes the national legislation with international standards. It clarifies the scope of
crimes considered as sexual violence, with emphasis on victims under 14 years, introduces
the right to comprehensive response and assistance, in terms of health and psychosocial
support, and allows for the participation of victims in legal proceedings.
62.
During the reporting period, some progress in accountability was seen in the
Democratic Republic of the Congo, with a life sentence for Forces Armées de la
République Démocratique du Congo (FARDC) Lt-Colonel Bedi Mobuli Engangela (alias
“106”) for the war crimes of murder, rape and sexual slavery, on 15 December 2014. A 10year sentence was also handed down to FARDC General Jerome Kakwavu by a military
court, for the war crime of rape, in November 2014. Four members of FARDC and one
member of the Police Nationale Congolaise were tried and convicted with prison sentences
ranging from three to 20 years for rape and attempted rape of girls in Katanga and North
Kivu, in July and August 2014. Additional investigations of members of the security forces
are ongoing with regard to the suspected rape of children. In addition, four former leaders
of the Nyatura and Mayi Mayi Shetani armed groups were arrested on charges of
recruitment and use of children and are awaiting trial in Kinshasa. Lastly, on 11 February
2014, the President of the Democratic Republic of the Congo promulgated an amnesty law
that excluded rape, sexual violence, recruitment and use of children from any amnesty.
63.
In the Philippines, the United Nations country task force on monitoring and
reporting explored ways to integrate the provisions of the Action Plan into the broader
peace process, including ensuring the Moro Islamic Liberation Front’s accountability
towards children within the context of the Bangsamoro Basic Law, which was passed in
September 2014 and includes specific provisions on the protection of children. Moreover,
an act providing for the special protection of children in situations of armed conflict,
amending the Philippines Republic Act, is currently at the bicameral committee level.
64.
In Afghanistan, a Presidential decree issued on 27 August 2014 strengthened the
existing legal framework by endorsing a law criminalizing the recruitment and use of
children. On 1 November 2014, following modifications, the law was approved by the
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