(2017) 1 African Human Rights Yearbook
141
Out of the 59 parties, while the largest majority are non-State armed
groups, eight are government forces.85 Out of this, 5 were Africa States
namely Central African Republic, Mali, Somalia, South Sudan, and
Sudan.86 In 2017, Central African Republic was delisted.
The African countries where armed groups recruit children below
the age of 18 are the Central African Republic, the Democratic Republic
of Congo, Mali, Nigeria, Somalia, South Sudan, and Sudan.87 There
seems to be a correlation between the recruitment of children by armed
forces and by armed groups. The SRSG also indicates that the
abductions of children in the context of armed conflict is a continuing
problem in Africa, and in fact increasing in few contexts, particularly by
the Lord’s Resistance Army (LRA), Al-Shabaab, Boko Haram, and
Islamic State in Iraq and the Levant (ISIL).88
There are a number of issues that the interpretation of the African
Children’s Rights Charter by the African Committee can add value to
the promotion and protection of the rights of children in the context of
armed conflict. For instance, the arrest and detention, and in some
instances torture and ill treatment of children that are accused of
association with terrorist organisations or terrorist activities, needs
closer scrutiny if the enjoyment of the rights in the Charter are to be
realised by all. Prevention detention, used under the guise of protecting
children from joining terrorist organisations such as Boko Haram, and
ISIL has lead to arrests of children in Cameroon, Nigeria and Libya.89
The use of children for suicide bombing has been flagged as one of the
issues in need of attention especially in the context of Boko Haram and
Al-Shabaab activities. For instance, it has been reported that there has
been an increase of suicide bombings carried out by children in
Cameroon and Nigeria in the context of the Boko Haram violence.90
Another issue worthy of exploration relates to the denial of
humanitarian access, including its use as a weapon of war and its
relationship with children’s rights. Activities of this nature have
reportedly increased, for instance, in the context of the conflict in South
Sudan.91 It begs the question how the provisions of the Charter,
especially articles 22 and 5, as well as relevant standards from
85
As above.
As above.
87
Child Soldiers International (n 82 above).
88
SRSG CAAC ‘Annual report of the Secretary General on children and armed conflict’
(20 April 2016) (A/70/836–S/2016/360) available at http://www.un.org/ga/search/
view_doc.asp?symbol=s/2016/360&referer=/english/&Lang=E para 9 (accessed
10 October 2017).
89
Child Soldiers International ‘Submission to the 75th Pre-session of the UN
Committee on the Rights of the Child: Cameroon’ (August 2016) available at https://
www.child-soldiers.org/Handlers/Download.ashx?IDMF=19c99637-7122-4356-927e4748db4d617f (accessed 10 October 2017).
90
UNICEF, ‘Nigeria regional conflict: 10-fold increase in number of children used in
‘suicide’ attacks’, 12 April 2016, available at http://www.unicef.org/media/media_
90827.html (accessed 10 October 2017).
91
SRSG CAAC ‘Annual report of the Secretary General on children and armed conflict’
(24 August 2017) (A/72/361–S/2017/821) available at http://www.un.org/ga/search/
view_doc.asp?symbol=S/2017/821 para 152 (accessed 10 October 2017).
86
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