Scope Of The Optional Protocol To The Convention On The Rights Of The Child On The Involvement Of Children In Armed Conflict

Original Language Title: Geltungsbereich des Fakultativprotokolls zum Übereinkommen über die Rechte des Kindes betreffend die Beteiligung von Kindern an bewaffneten Konflikten

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997557/geltungsbereich-des-fakultativprotokolls-zum-bereinkommen-ber-die-rechte-des-kindes-betreffend-die-beteiligung-von-kindern-an-bewaffneten-konflikten.html

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73. promulgation of the Federal Chancellor concerning the scope of the Optional Protocol to the Convention on the rights of the child on the involvement of children in armed conflict

After messages of the Secretary-General of the United Nations, following States have their instruments of ratification or accession to the Optional Protocol to the Convention on the rights of the child on the involvement of children in armed conflicts (Federal Law Gazette III No. 92/2002, last proclamation of the scope BGBl. III No. 73/2011) deposited:

 



States:



Date of deposit of the instrument of ratification or instrument of accession:



Côte d'Ivoire



March 12, 2012



Grenada



6 February 2012



Malaysia



April 12, 2012



Niger



March 13, 2012



San Marino



September 26, 2011



Saudi Arabia



June 10, 2011 on the occasion of the deposit of its instrument of ratification or instrument of accession the following States have made following statements or declared reservations:

Côte d ' Ivoire: 1. the minimum age for the recruitment of volunteers in the national armed forces is 18 years. The recruitment is always voluntary, without coercion. According to article 2 of law No. 95-695 of 7 September 1995 establishing the military service Act, no person in the armed forces should enter, if it does not meet the age requirement.

2. in accordance with article 59 of the law No. 95-695 a person may 7 September 1995 establishing the military service law through recruitment or on the basis of suitability or a selection procedure be soldier. Prior to inclusion in the national armed forces, proof of age (passport, birth certificate, etc.) is required. In addition, subject to admission to recruitment examinations of a medical release.

3rd have guaranteed rights a military career for those, chosen the military service law or performed their national military service, in accordance with the special restrictions imposed on this service. It defines the overall status of the military personnel and their pension system.

4. a military service of not more than eighteen (18) months on active duty is a civic duty for all citizens of both sexes, Côte d' Ivoires.

(a) Ivorian sexes must, fulfil their obligation for military service once they reach the age of 18, the service can be postponed up to the age of 30 years.

(b) students enrolled at universities may defer military service or can be freely positioned.

Articles 81, 82, 83 and 88 of the Act No. 95-695 of 7 September 1995 on military service.

5. it is noted that article 3 of the Optional Protocol not applied to military schools, such as the Military Academy in Bingerville (EMPT), as concerns article 3 paragraph 1 expressed commitment to raise the minimum age for the recruitment of volunteers, not educational institutions operated by the armed forces of the States of parties in accordance with articles 28 and 29 of the Convention on the rights of the child.

Grenada:

With the aim to explain the scope of the Optional Protocol to the Convention on the rights of the child concerning the involvement of children in armed conflicts and after the deposit of its instrument of accession, the Government of Grenada in accordance with article 3 of the Optional Protocol explains that she has currently no national armed forces and thus a minimum age for recruitment for the Government of Grenada is not applicable.

The only special service in Grenada is the Royal Police. Grenada's Government declared, that the required minimum age for the recruitment of volunteers in the Royal Police according to article 16 ABS. 1 lit. amounts to a of the Police Act of nineteen (19) years.

Niger:

With regard to article 3 of the Optional Protocol to the Convention on the rights of the child on the involvement of children in armed conflict, the Government declared the Republic of Niger according to of the Act No. 62-10 of 16 March 1962 on the Organization of recruitment in the Republic of Niger, that the minimum age for the recruitment of volunteers is in the armed forces and the national gendarmerie in Niger of 18 years.

The Government of the Republic of Niger below leads the protective measures which it has introduced to ensure that recruitment do not force or forcibly be: (a) the recruitment procedure for the armed forces and the national gendarmerie in Niger will be initiated by notice addressed to young men and women in the press and the national media;

(b) the recruitment Act includes a birth certificate and a certificate of schooling or an apprenticeship;

(c) the recording ceremony for the young recruits takes place in public, on a sports field or a similar venue;

(d) all recruits undergo a thorough medical examination.

San Marino:

The Republic of San Marino declares that in accordance with article 3 paragraph 2 of the Optional Protocol to the Convention on the rights of the child on the involvement of children in armed conflict: (a) the minimum age for the recruitment of volunteers in the military of the Republic of San Marino is, in accordance with the special regulations for each individual troop, 18 years;

(b) in San Marino there is compulsory military service or compulsory civilian service, even though article 3 and 4 of Act No. 15 of 26 January 1990 "The regulation and discipline of the military" foresees that in exceptional cases of a general mobilization, all citizens of San Marino can be called between 16 and 60 years to military service. This provision is based on historical heritage and such circumstances have never occurred in the history of the Republic. The Republic of San Marino intends to introduce a reform of the rules and discipline of the military to repeal this provision.

Saudi Arabia: 1. the laws and regulations in Saudi Arabia include neither texts nor provisions that allow some sort of forced recruitment into the armed forces.

 

2. the entry into the national armed forces is limited to a regular (voluntary) employment and the law requires that the applicant who requested the recruitment, is at least 17 years old.

Faymann