DEMOCRATIC REPUBLIC of the CONGO: Report of the Secretary-General on Children and Armed Conflict.

Français.

SRSG Coomaraswamy.

9 July 2010. 

Recommendations:

I remain deeply concerned about the lack of progress in the situation of children in the armed conflict in the Democratic Republic of the Congo, and I strongly reiterate the recommendations contained in my three previous reports on this subject (S/2006/389, S/2007/391 and S/2008/693). I also urge the immediate implementation of all subsequent conclusions of the Working Group on Children and Armed Conflict (S/2006/724, S/AC.51/2007/17 and S/AC.51/2009/3).

I urge the Government of the Democratic Republic of the Congo to meet, without further delay, its commitments to prepare and implement the action plan to end the recruitment and use of children by FARDC, including newly integrated elements. In line with Security Council resolutions 1539 (2004) and 1612 (2005), this action plan should include the immediate and unconditional release of all children still in FARDC ranks, access to all military sites and regroupement centres for verification by child protection actors and prevention and accountability measures against responsible individuals.

I also urge non-State armed groups that have not been integrated into FARDC to immediately stop the recruitment and use of children and to enter into dialogue with the United Nations to prepare and implement, as a matter of priority, action plans to cease these violations and to immediately release all children within their ranks, in line with Security Council resolutions 1539 (2004) and 1612 (2005). Dialogue on action plans should not be conditional on the cessation of hostilities or on any other peace negotiations.

In view of my last annual report on children and armed conflict (A/64/742- S/2010/181) and of continuing patterns of sexual violence against children, I urge FARDC, including newly integrated elements, FDLR, FRPI, FNI, LRA and Mai-Mai groups in North and South Kivu, including PARECO, to enter into dialogue with the United Nations to prepare and implement action plans to halt sexual violence against children, in line with Security Council resolution 1882 (2009), bearing in mind the national strategy to combat sexual violence in the Democratic Republic of the Congo. Compliance with resolutions of the Security Council and the implementation of all requested action plans would lead to de-listing from the annexes of my annual reports.

I strongly encourage the Government of the Democratic Republic of the Congo to put an end to impunity and to ensure that all individuals responsible for grave violations against children are held accountable. This should include the accelerated adoption of the remaining decrees for the implementation of the national law on the protection of children promulgated on 10 January 2009, the adoption of the law for the reform of the national police and the reinforcement of the capacities of the military judicial system to investigate and prosecute all perpetrators of child rights violations, including high-level commanders. I also recommend to the Government of the Democratic Republic of the Congo that it take all necessary measures to ensure that the amnesty law adopted on 7 May 2009 is strictly interpreted so that the perpetrators of war crimes and crimes against humanity do not benefit from amnesty.

In line with the conditionality policy described in Security Council resolution 1906 (2009), logistical and technical support of MONUC to FARDC in all current and upcoming military operations may be provided only if the operations are conducted in compliance with international law, including child rights norms, and with Security Council resolutions on children and armed conflict. Bearing this in mind, I urge the Government of the Democratic Republic of the Congo to withdraw all perpetrators of child rights violations, irrespective of their rank, from the military chain of command and hold them accountable for their crimes against children, including recruitment and use and sexual violence against children.

FARDC, with the support of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), should devise standard operating procedures to ensure that children are protected in the course of military operations. These procedures should include joint military-civilian assessment of the security risk for the population prior to any military action, refraining from engaging in combat in highly populated areas, protecting schools and hospitals and undertaking post-operation evaluations of the military impact on civilians, including children. Further, standard operating procedures should be developed for the treatment of captured child soldiers in accordance with international humanitarian and human rights law and for promptly handing them over to child protection partners for appropriate care.

Pursuant to Security Council resolution 1906 (2009), I recommend to the Government of the Democratic Republic of the Congo that it develop, along with the Governments of the Central African Republic, Uganda and the Sudan, a regional strategy in line with international humanitarian and human rights law to deal with LRA, including on how to address the violations and abuses committed against children, taking into account existing regional mechanisms. The United Nations will support such efforts.

I call upon the Government of the Democratic Republic of the Congo to build on existing initiatives for the reinsertion of children formerly associated with armed forces and groups and, in compliance with the Principles and Guidelines on Children Associated with Armed Forces or Armed Groups (Paris Principles), take the lead in putting in place long-term community-based reintegration programmes, aiming at preventing (re-)recruitment and other grave child rights violations. In particular, the Government of the Democratic Republic of the Congo is encouraged to use the security sector reform process to address the needs of young people formerly associated with the armed forces and armed groups in the Democratic Republic of the Congo. (paragraphs 78 to 86)


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