A/HRC/37/47
grave violation. Recruitment and use may also lead to the sale of children in certain
circumstances, as parties to conflict trade human resources, depending on the current state
of the conflict. Additionally, children, especially those who are unaccompanied, may be
sold or trafficked into areas of armed conflict to serve as combatants (A/72/164). Rape and
other forms of sexual violence are also very clearly linked to trafficking and to the sale of
children, as armed groups often traffic children for sexual purposes and sometimes use
sales to sustain their activities financially. Abduction and, in certain instances, the
deprivation of liberty of children for their alleged association with armed groups, can also
amount to trafficking when it is for exploitative purposes, and can also result in the sale of
children.
17.
While such grave violations have a clear and direct link to the trafficking in and sale
of children, other grave violations are linked in less intuitive ways. For example, attacks on
schools and hospitals can be used to abduct children, but those violations can also make
children more vulnerable to additional abuses and violations. Destroying schools and
hospitals and denying education opportunities leave children more vulnerable to trafficking
and sale, as they will be forced to seek education, or even employment, elsewhere.
Moreover, the denial of humanitarian access may also leave children more vulnerable to
trafficking, as they are forced to find ways to leave areas where insufficient aid is getting
through. The increasing displacement of children from conflict zones is a linked and
equally concerning issue. As the Special Rapporteur on the sale and sexual exploitation of
children, including child prostitution, child pornography and other child sexual abuse
material and the Special Rapporteur on trafficking in persons, especially women and
children, have noted: “Threats faced by boys and girls do not end when they leave their
home countries” (see A/72/164, para. 32). In that regard, safe spaces are needed in
displacement settings to protect children, particularly those who are separated or
unaccompanied, from grave violations, trafficking and sale.
18.
Recognizing links and developing synergies between entities working on the grave
violations, trafficking and sale of children is crucial to enhancing the response for children
who are affected by violations in situations of armed conflict. In that regard, in the
reporting period, the Office of the Special Representative supported the United Nations
Office on Drugs and Crime (UNODC) in the development of a thematic paper on
countering trafficking in persons in conflict situations.
19.
Given the overlapping nature of the constituent elements of some of those crimes, it
is particularly important to link up legal responses so that children have redress when they
are victims. Under the Convention on the Rights of the Child and its Optional Protocols on
the involvement of children in armed conflict and on the sale of children, child prostitution
and child pornography, States parties are required to prevent, prohibit and criminalize the
exploitation and abuse of children. However, national legislation is sometimes incomplete
or legal lacunas exist between the different abuses and violations. Partners working on
those topics should therefore be proactive in undertaking comprehensive analyses of
legislation to advocate for the different paths to accountability for child victims.
20.
In that regard, the action plans that have been signed between the United Nations
and the parties listed in the annex to the annual report of the Secretary-General on children
and armed conflict regarding the recruitment and use of children frequently contain
provisions pertaining to the criminalization of that practice (A/72/361-S/2017/821). In other
countries where action plans have not been put in place, the recruitment and use of children
is not always a criminal matter, but is considered a disciplinary issue under the code of
conduct for the military. In those situations, it is important to identify other avenues for
accountability. UNODC indicates that 158 countries have criminalized most or nearly all
forms of trafficking. 5 Therefore, when recruitment and use is not specifically criminalized
in a country, the prosecution of perpetrators can be pursued through trafficking legislation.
Such linkages are equally true for support services to victims of abuse and violations. When
support services are weak for children who have suffered grave violations, avenues should
5
Global Report on Trafficking in Persons 2016 (United Nations publication, Sales No. E.16.IV.6).
7
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