140 Mezmur/18th birthday of the African Children’s Rights Charter hostilities and refrain in particular, from recruiting any child.78 This should also cover children who are involved in non-combatant status but in the meantime are at the risk of real danger. While the reference ‘constitutional processes’ in article 1 of the Charter is not interpreted by the African Committee to mean an obligation to constitutionalise the provisions of the Charter, constitutionalisation of children’s rights is often welcome. In this respect, in Central African Republic, the 1994 Constitution and in Burundi the February 2005 Constitution79 provide the age of 18 as minimum age to join armed forces. Subsidiary legislation setting a minimum age for military service at 18 is also in abundance.80 However, out of about 50 States globally (mostly in the north81) that allow under-18s to join the armed forces of a State,82 some are African countries.83 Despite some of the progress, according to the Special Representative of the Secretary General on Children and Armed Conflict (SRSG), the current state of affairs in relation to children and armed conflict still leaves much to be desired. According to the SRSG, as at 2016, there were about 59 parties to a conflict at the global level involved in 14 countries that are listed in the SRSG’s report’s annexes.84 78 Article 22(2) of African Children’s Rights Charter. Article 45 of the African Children’s Rights Charter. 80 In Madagascar, by way of example, the minimum age of recruitment for national service has been raised to 18 years by Act No. 2005-037 of 20 February 2006. In Zimbabwe, in terms of the National Service Act [Chapter 11:08] persons can volunteer to join the army only at the age of 18 years. In Malawi, a new Defence Force Act came into force in September 2004, replacing the earlier Army Act, which removed any possibility of under-18s serving in the Defence Force (previously the Malawi Army). The Act provided that the Defence Force had three components: the regular Defence Force, the Defence Force reserve and the militia. In Algeria, while the age for voluntary recruitment is unclear, the National Service Code makes explicit reference that the age for conscription into the regular armed forces is set at 19 years of age. In Angola, under Law 1/93, military service was compulsory for all men aged between 20 and 45, and voluntary recruitment is set at 18 years of age. The Botswana Defence Force Act of 1977 provided that recruitment to the armed forces was on a voluntary basis and that recruits had to appear to be 18. In Comoros military recruitment is governed by law No. 9706(AF), which provides that the minimum age for entrance into the armed forces is 18. In Burkina Faso Decree No. 2000- 374/PRES/PM/DEF of 1 September 2000 allowed for recruitment from the age of 18, provided that the recruit was unmarried and enjoying full civic rights. 81 US, and the UK, as well as some countries in Eastern Europe and Asia. 82 Child Soldiers International ‘The Issue’ (2016) available at https://www.childsoldiers.org/where-are-there-child-soldiers (accessed 10 October 2017). 83 For instance, Seychelles, despite being a State party to the African Children’s Rights Charter still maintains the possibility of under 18s being recruited into the armed forces as its Defence Act does not explicitly prohibit the enlistment of any person under the age of 18 years. In fact, it explicitly allows for the possibility for under 18s to join its armed forces on a voluntary basis. In Cape Verde, in accordance with Article 31 of Legislative Decree No. 6/93 of 24 May 1993, the minimum age for special voluntary recruitment into the Cape Verdean armed forces is 17 years. In Chad-the 1992 General Statute of the Army provided that a person under the age of 18 could be enrolled with the consent of a parent or guardian. 84 SRSG CAAC ‘20 years of the children and armed conflict mandate’ (August 2016) available at https://childrenandarmedconflict.un.org/wp-content/uploads/2016/08/ Children-in-Conflict_WEB.pdf 5 (accessed 10 October 2017). 79