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Myanmar (part-A)

The information below is based on the Report of the Secretary-General on children and armed conflict (A/70/836–S/2016/360) issued on 20 April 2016.

Conflict continued in Kachin and Shan States and the south-east between government armed forces (Tatmadaw) and armed groups. On 15 October, the Government and eight armed groups, including four listed parties, signed a nationwide ceasefire agreement.

The United Nations received reports of 217 cases of recruitment, of which 95 were verified. Five verified incidents took place in 2015, with three attributed to the Tatmadaw (those recruited were subsequently released) and two to the Kachin Independence Army. Twenty-six incidents verified in 2015 had taken place in 2014. Furthermore, the United Nations received seven reports of the use of children in support functions by the Tatmadaw, including two verified cases in Rakhine State. The Government indicated that action had been taken against 382 military personnel, including 73 officers, for failing to adhere to recruitment procedures. A civilian was also sentenced to a year’s imprisonment for aiding underage recruitment. Credible information indicates that children were recruited and used by armed groups however, five reported incidents could not be verified owing to limited access to the areas. Reports of recruitment involved the Karen National Liberation Army, the Kachin Independence Army, the Shan State Army-South and the Ta’ang National Liberation Army in Kachin, Kayin and Shan States.

The United Nations documented three children held in military detention. Two were released after notification to the Tatmadaw and the other was returned to his regiment pending age verification. In addition, three children were reportedly detained at the battalion level and subsequently discharged.

The United Nations documented 37 incidents of killing and maiming (25 killed and 50 injured), of which 23 were verified and which resulted in the killing of 15 children and injury of 37. More than half of the verified cases were related to landmines and explosive remnants of war (10 killed and 24 injured).

The United Nations verified three cases of sexual violence against girls, aged between 5 and 10 years, by Tatmadaw soldiers. In a grievous case, an 8-year-old girl was raped by a soldier and died after being taken to hospital. The perpetrators were court-martialled for being absent from duty and intoxicated, and two were convicted of rape by civilian courts.

The United Nations received 11 reports of attacks on schools. Three verified incidents were attributed to the Tatmadaw, the Democratic Karen Benevolent Army and an unknown armed group. Six verified cases of military use of schools were attributed to the Tatmadaw.

children and armed conflict

UNICEF

Myanmar (part-B)

The information below is based on the Report of the Secretary-General on children and armed conflict (A/70/836–S/2016/360) issued on 20 April 2016.

Five incidents of abduction were verified, with three leading to the disappearance of 11 children, which were attributed to the Tatmadaw, and two incidents involving three children were attributed to the Kachin Independence Army. Additional reports of abduction by armed groups in Kachin, northern Shan and Rakhine States, including for recruitment and use, could not be verified owing to access restrictions.

The United Nations received two reports of humanitarian personnel being caught in crossfire during engagement between the Tatmadaw and armed groups. Humanitarian access to areas outside government control in Kachin and Shan States was reduced compared with 2014, owing to limited government authorization.

Positive steps continued to be taken by the Government to advance the implementation of the joint action plan to end and prevent the recruitment and use of children by the Tatmadaw, including training on age assessment in recruitment centres, increased access to military battalions and units for monitoring missions and monthly case review meetings with the United Nations for the verification of suspected child recruits. In 2015, 146 former child soldiers, including 28 still under 18 years of age, were released and reintegrated into their families and communities.

My Special Representative visited Myanmar in July. While acknowledging the progress made, she noted that gaps remained in the systematic prevention of and accountability for the recruitment and use of children. Criminalizing recruitment and use by both military personnel and civilians is critical. The passage of the revised Child Law, including a chapter on children and armed conflict and a corresponding penalties section, would be highly important. The enforcement of existing accountability mechanisms also needs to be strengthened for all grave violations, including through legal clarity to ensure consistency in decisions, improved witness protection and follow-up of cases in civilian courts.

In September, Myanmar signed the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. I strongly encourage its ratification.

My Special Representative engaged in dialogue with three armed groups listed in the annexes to the present report, to encourage the development of action plans to address the recruitment and use of children and other grave violations. The United Nations has pursued further dialogue with these groups, and one listed party, the Karenni National Progressive Party/Karenni Army, is ready to sign an action plan. I urge the Government to allow the signing and implementation of action plans with listed armed groups, which is a critical component of its commitment to end the recruitment and use of children throughout Myanmar, in line with its obligations under the Convention on the Rights of the Child and the commitment made by signing the Optional Protocol.

Parties in Myanmar

Democratic Karen Benevolent Army (DKBA)a

Kachin Independence Army (KIA)a

Karen National Liberation Army (KNU/KNLA)a

Karen National Liberation Army Peace Councila

Karenni Army (KNPP/KA)a

Shan State Army South (SSA-S)a

Tatmadaw Kyi, including integrated border guard forcesa,•This party has concluded an action plan with the United Nations in line with Security Council resolutions 1539 (2004) and 1612 (2005).

United Wa State Army (UWSA)a

*The parties underlined have been in the annexes for at least five years and are therefore considered persistent perpetrators.

(a) Parties that recruit and use children.

children and armed conflict

UNICEF

United Nations

Myanmar (part-A)

The information below is based on the Report of the Secretary-General on children and armed conflict (A/70/836–S/2016/360) issued on 20 April 2016.

Conflict continued in Kachin and Shan States and the south-east between government armed forces (Tatmadaw) and armed groups. On 15 October, the Government and eight armed groups, including four listed parties, signed a nationwide ceasefire agreement.

The United Nations received reports of 217 cases of recruitment, of which 95 were verified. Five verified incidents took place in 2015, with three attributed to the Tatmadaw (those recruited were subsequently released) and two to the Kachin Independence Army. Twenty-six incidents verified in 2015 had taken place in 2014. Furthermore, the United Nations received seven reports of the use of children in support functions by the Tatmadaw, including two verified cases in Rakhine State. The Government indicated that action had been taken against 382 military personnel, including 73 officers, for failing to adhere to recruitment procedures. A civilian was also sentenced to a year’s imprisonment for aiding underage recruitment. Credible information indicates that children were recruited and used by armed groups however, five reported incidents could not be verified owing to limited access to the areas. Reports of recruitment involved the Karen National Liberation Army, the Kachin Independence Army, the Shan State Army-South and the Ta’ang National Liberation Army in Kachin, Kayin and Shan States.

The United Nations documented three children held in military detention. Two were released after notification to the Tatmadaw and the other was returned to his regiment pending age verification. In addition, three children were reportedly detained at the battalion level and subsequently discharged.

The United Nations documented 37 incidents of killing and maiming (25 killed and 50 injured), of which 23 were verified and which resulted in the killing of 15 children and injury of 37. More than half of the verified cases were related to landmines and explosive remnants of war (10 killed and 24 injured).

The United Nations verified three cases of sexual violence against girls, aged between 5 and 10 years, by Tatmadaw soldiers. In a grievous case, an 8-year-old girl was raped by a soldier and died after being taken to hospital. The perpetrators were court-martialled for being absent from duty and intoxicated, and two were convicted of rape by civilian courts.

The United Nations received 11 reports of attacks on schools. Three verified incidents were attributed to the Tatmadaw, the Democratic Karen Benevolent Army and an unknown armed group. Six verified cases of military use of schools were attributed to the Tatmadaw.

children and armed conflict 

UNICEF

Special Representative of the Secretary-General for Children and Armed Conflict, Leila Zerrougui, concludes her first visit to Myanmar

Yangon, 16 July 2015 – The United Nations Special Representative of the Secretary-General (SRSG) for children and armed conflict, Leila Zerrougui, concluded a five-day visit to Myanmar today.  Her first visit to the country, at the invitation of the Government, aimed to assess the impact of the conflict on children in accordance with United Nations Security Council resolution 1612, focusing in particular on the implementation of the Joint Action Plan (JAP) signed in 2012 by the Government and the Country Task Force on Monitoring and Reporting (CTFMR) to end and prevent the recruitment and use of children by the armed forces of Myanmar (Tatmadaw).  The SRSG visited Nay Pyi Taw, Yangon, Mandalay and Myitkyina (Kachin state).

In her high-level meetings with key ministries, SRSG Zerrougui commended the important progress made by the Government in the implementation of the JAP.  She welcomed the new directives and mechanisms put in place to address underage recruitment, and noted that since 2012, 646 former child soldiers have been released by the Tatmadaw. The SRSG was encouraged by the openness of Government interlocutors with whom she had frank and constructive discussions.

“Despite this progress,” the SRSG emphasized, “it is critical to close the remaining gaps to protect children and ensure that no one can recruit them.”  In this regard, the SRSG pointed to the need to apply robust age assessment within the centralized military recruitment process, and include the prevention of violations against children in the standard military curriculum.  “A professional army does not need children within its ranks.”

The SRSG underlined the importance of criminalizing the recruitment and use of children, whether it be committed by civilian brokers or military personnel.  She expressed concern about the detention of children who have allegedly ‘deserted’ the army.  “These children should never have been recruited in the first place,” she said.  “Detain the recruiters, not the children.”

In this context, the SRSG welcomed the intention of the Government to sign the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in the near future, and to include a chapter on children and armed conflict in the new Child Law.

Reflecting on her meeting with former child soldiers, some of whom are living with long-term physical and emotional scars of conflict, Ms. Zerrougui stressed the need to address the root causes that foster child recruitment, including through increasing access to education and employment opportunities.

The SRSG also took the opportunity to enter into dialogue with several of the seven ethnic armed groups also listed for recruitment and use of children*.  During her meetings with representatives of ethnic armed groups, the SRSG expressed the hope that the seven listed groups will enter into action plans to end and prevent the recruitment and use of children under 18.  She called for access by the United Nations to the conflict-affected areas to negotiate action plans directly, to monitor the situation, and to provide humanitarian services.

The SRSG highlighted the importance of including child protection in the ongoing peace process between the Government and ethnic armed groups.  “Addressing common concerns relating to the protection of children can be an entry point for building trust and de-escalating tensions between the parties.  In my experience, this has worked well in other peace processes,” she said.

“I am encouraged by the meaningful dialogue I have had during my visit.  Now I would like to see the Government translate its expressed commitment into proactive measures to close the gaps and fully implement all provisions of the JAP,” said Ms. Zerrougui.  “I call upon all parties to the conflict in Myanmar to immediately stop the recruitment and use of children under 18.  By doing so, they will demonstrate their true commitment to peace.”

children and armed conflict 

UNICEF

YANGON, 27 June 2012, Myanmar and UN sign landmark plan of action to release children from armed forces.

The Government of Myanmar and the United Nations today signed an action plan to prevent the recruitment and use of children by the Myanmar armed forces – the Tatmadaw – and allow for the release of under-age recruits.

The plan was signed in the capital Nay Pyi Taw by Major General Ngwe Thein (Director of the Directorate of Military Strength, Ministry of Defence) and Major General Tin Maung Win (Vice Adjutant General, Myanmar armed forces) on behalf of the Government of Myanmar, and the UN Resident Coordinator Mr. Ashok Nigam and UNICEF Representative Mr. Ramesh Shrestha. The signing was witnessed by Lieutenant-General Hla Min, Union Minister of Defence, and Ms. Radhika Coomaraswamy, the Special Representative of the UN Secretary-General for Children and Armed Conflict.

The plan is the result of years of negotiation between the Government and United Nations led by UNICEF and the Office of the Resident Coordinator on behalf of a Country Task Force on Monitoring and Reporting of grave violations of child rights in armed conflict (CTFMR) comprising UNDP, UNHCR, UNOCHA, ILO, WFP, UNFPA, World Vision and Save the Children.

“UNICEF welcomes the signing of the action plan and is ready to support the Government to take forward these key commitments,” said the co-chair of the CTFMR Mr. Shrestha of UNICEF. “The most important work begins now to ensure that children are released from the Tatmadaw as soon as possible and are returned to their families and communities and receive support to promote their well-being, learning and livelihoods.”

“The signing of the Action Plan brings a great opportunity for the United Nations and the Country Task Force to work together with the Government and send a strong message that children should not, and will no longer, be recruited and used for military purposes,” said the co-chair of the CTFMR UN Resident Coordinator Mr. Nigam.

The action plan was negotiated under the mandate of UN Security Council Resolution 1612, which established the UN-led Monitoring and Reporting Mechanism to report on six grave violations of children’s rights in situations of armed conflict.

The UN Secretary-General in an annual report to the Security Council lists parties that commit grave violations against children. In Myanmar, there are eight parties listed for recruitment and use of children: the Tatmadaw, the Democratic Karen Buddhist Army, the Kachin Independence Army, Karen National Liberation Army, Karen National Liberation Army-Peace Council, Karenni Army, Shan State Army-South and the United Wa State Army. They are considered persistent perpetrators because they have been listed for more than five years.

Ensuring that children released from the Tatmadaw receive meaningful support requires both long-term commitment and resources. Effective release and reintegration programmes for children are a critical factor for durable peace and security in Myanmar.

children and armed conflict 

UNICEF