14
military barracks for recruitment, without the need for producing a recommendation
letter, have been confirmed.
54.
The UHRC has also indicated its concerns and observations by stating that it
witnessed “young boys within the “Amuka’, a local militia fighting the LRA in Lira. In its
conclusion, the UHRC stated that while “[the] UPDF may not have been directly
responsible for recruiting children into the Amuka militia…they owe a duty to ensure that
they are detected and removed”.15
55.
During the material time covering this Communication, concern has also been
raised by the United Nations and its bodies and agencies on the presence of children in
the LDUs. For instance, it has been reported that concern has been raised “over reports
indicating the presence of children in LDUs and over the lack of information regarding
children who have been demobilized from these units and reintegrated into society”.16
56. Again, evidence to support the assertion by the State Party that it has taken
appropriate, consistent, and systemic disciplinary action against those military officers,
officials, and community members who knowingly have recruited children into the LDUs
has not been convincing.
57.
It has also been reported, and also argued, that some of the children that joined
the UPDF or LDUs did so out of their own voluntary volition. As a matter of principle, the
African Committee supports children’s participation in matters that affect them, and their
views being given due consideration. The African Committee also recognizes children’s
evolving capacities. However, as far as consent to join the armed forces, or armed
groups is concerned, the African Committee and the Charter take a more protectionist
approach than one that promotes children’s participation. The African Committee is of
the view that children cannot give “informed” consent to actively participate in activities
related to armed conflict. This is due to the fact that they generally lack a nuanced and
comprehensive understanding of the long-term and short-term impact of their
involvement, as well as because their participation rights need not compromise their
protection rights.
58.
As a result, the African Committee supports the view that “the line between
voluntary and forced recruitment was both legally irrelevant and practically superficial in
the context of children in armed conflict”.17 Since the African Children’s Charter does not
leave room for the voluntary recruitment of children in armed conflict, every State party
to the Charter has the obligation to undertake all necessary legislative, administrative
and other measures to prevent and address such a situation.
59.
Under Article 31 of the African Children’s Charter; “Responsibility of the Child”, it
is provided that every child shall have the duty, among others, “to preserve and
15
UHRC, 2003, 6th Annual Report to Parliament of Uganda, Kampala, page 54.
CRC Committee, Concluding Obs, Para 22.
17
Report of the Special Representative of the Secretary-General for Children and Armed Conflict
(A/67/256) (6 August 2012), para 11.
16