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

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