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The UWSA for sure has large numbers of underage soldiers in their ranks. Some groups, such as the Shan State Army-South (SSA-S) don’t have large numbers of child soldiers and maintain strict regulations against recruitment of children under 18 years of age into their ranks, but we have concerns over their screening procedures. Other groups like the Karenni National Progressive Party (KNPP) we believe have made commendable progress in ending the practice and recommend that they should be removed from the United Nations list of groups actively using child soldiers. There is a lot of work the international community should do on this issue of use of children by non-state armed groups, particularly the Kachin Independence Organization (KIO) and the New Mon State Party (NMSP), but also many smaller groups that are not so prominent such as some of the Karenni splinter groups that are aligned with the SPDC.
 
Q: What is the status of these groups under international humanitarian law?

A: The KNU, KNPP and the UWSA have consulted with the United Nations and other international agencies regarding the child soldiers issue, and both the KNU and KNPP have signed voluntary  “deeds of commitment,” saying that they will not recruit or use children in their forces. Although these are non-state forces, they are still bound by international humanitarian law to protect children from participation in armed conflict. Their political status may be complex, but their responsibilities are not.

Q: Can you tell The Irrawaddy readers what the international conventions are on the use of children in armed conflict?

A: The nearly universally ratified Convention on the Rights of the Child states clearly that a child is anyone under the age of 18, and prohibits any recruitment or use of children as soldiers below age 15. The recruitment and use of children under age 15 is also considered a war crime. An optional protocol to the Convention on the Rights of the Child has been ratified by 120 states, and sets 18 as the minimum age for participation in armed conflict, for any forced recruitment or conscription, and any recruitment or use of children by non-state armed groups. The rules are strict, but they are designed to protect children, and that is what armed groups and governments not just in Burma but throughout the world must realize. It’s about protecting children from harm and trauma.

Q: The SPDC has created a Committee for the Prevention of Recruitment of Minors since 2004, and claims that there are no child soldiers in its army. Has this committee been effective?

A: No, it really is a sham, and has been since it was created in 2004. It is a public relations exercise designed to mislead the international community. The committee claims to have demobilized some numbers of child soldiers but this has never been verified, and the SPDC refuses to permit truly independent monitoring. They also stage some visits to the su saun ye recruitment centers in Mandalay for international agencies, but these are carefully orchestrated and just for show. No one should be fooled by them.

Q: How effective are the United Nations agencies and the UN Special Representative on Children and Armed Conflict, Ms Coomeraswamy?

A: We respect the work that the Special Representative has done on this issue, and her office has managed to do commendable reporting on violations against children in armed conflict in countries all over the world. The visit by Radhika Coomeraswamy to Burma in June this year secured in principle agreement to a mechanism for reporting cases of child soldier recruitment and closer cooperation between the SPDC and UNICEF. However, the SPDC has to do a lot more to genuinely cooperate with the special representative and her office. In December, the Security Council’s working group on children and armed conflict will meet to discuss Burma’s compliance with international laws related to child soldiers, and has the potential to seriously censure the SPDC on their use of children in the army.

Q: Is Human Rights Watch hopeful that the SPDC will do something to prevent the use of child soldiers?

A: We’re hopeful that something can be done, but we’re also skeptical over the SPDC’s sincerity on tackling this issue. We know that United Nation’s agencies inside Burma and in the UN system are doing good work on ending the practice of using child soldiers.