A/HRC/28/54
Lower House of the Afghan Parliament and is expected to be approved by the Senate and
endorsed by the President.
65.
In November 2014, a Malian NGO filed a total of 104 criminal complaints on behalf
of women and girls who were victims of conflict-related sexual violence committed by
armed groups in 2012 and 2013. That was the first time that conflict-related sexual violence
cases have been submitted for legal proceedings in Malian courts.
66.
In South Sudan, the Lower House of Parliament endorsed a draft law criminalizing
under-age recruitment by national forces. The law is expected to be passed by the Upper
House and ratified by the President. Moreover, the Legal Advisor to the Minister of
Defence and Veteran Affairs proposed amendments to the Sudan People’s Liberation Army
Act (2009) to include punitive measures for perpetrators of grave violations against
children. The proposals have since been delivered to the Ministry of Justice for further
amendment and drafting of a bill to be presented before the Legislative Assembly.
67.
In Yemen, an amended draft child rights laws has been proposed, which includes
stricter penalties for those who recruit and use children and sets the minimum age for
voluntary recruitment at 18. The amended draft child rights law is pending before the
interministerial committee of the Cabinet. The interministerial committee will be
reactivated following the formation of the new Cabinet in November 2014.
XII. Observations and recommendations
68.
The Special Representative commends the Human Rights Council for its work
in relation to persons deprived of their liberty as well as on juvenile justice, and
encourages the Council to continue to give due consideration to the rights of children
affected by armed conflict in that regard, including in its resolutions on countryspecific situations and thematic issues and in the mandates of special procedures and
commissions of inquiry.
69.
The Special Representative commends the inclusion of accountability for grave
violations against children in armed conflict in the Committee on the Rights of the
Child’s consideration of States parties’ reports, and encourages the Committee to
continue to integrate the monitoring of the six grave violations against children
affected by armed conflict.
70.
The Special Representative notes with appreciation the attention paid by the
special procedures mandate holders and commissions of inquiry to including childprotection concerns in their work. She encourages them to continue to include the
plight of children affected by armed conflict in their monitoring, reports and
recommendations, and to bring those concerns to her attention.
71.
The Special Representative welcomes national and international progress in
achieving accountability on the part of perpetrators for grave violations against
children. Governments are encouraged to strengthen their support to justice systems
by allocating sufficient resources and capacity for investigating and prosecuting those
who perpetrate crimes against children in conflict.
72.
The Special Representative calls upon States to consider alternatives to
prosecution and detention of children for their alleged or actual association with
armed groups or as part of counter-terrorism measures, and to ensure, at a minimum,
that trials and procedures are consistent with international juvenile justice standards
and the principle of prioritizing the best interests of the child.
73.
The indoctrination of children by extremist groups poses new challenges with
regard to their protection and psychosocial rehabilitation and reintegration. The
Special Representative encourages the Human Rights Council to make use of its
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