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

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73. Revelation 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

According to the communications of the Secretary-General of the United Nations, the following States have ratified their instruments of ratification or Accession documents to the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (BGBl. III n ° 92/2002, last proclamation of the BGBl area. III No 73/2011):

States:

Date of deposit of the instruments of ratification. Certificate of Accession:

Côte d' Ivoire

12 March 2012

Grenada

6 February 2012

Malaysia

12 April 2012

Niger

13 March 2012

San Marino

26 September 2011

Saudi Arabia

10 June 2011

On the occasion of the deposit of their instruments of ratification or The following declarations have been issued by the following States: Reservations are explained:

Côte d' Ivoire:

1.

The minimum age for recruiting volunteers to the national armed forces is 18 years. Recruiting is always voluntary, without compulsion. According to Art. 2 of Law No 95-695 of 7 September 1995 establishing the Military Service Act, no person may enter the armed forces if they do not comply with the age requirement.

2.

In accordance with Art. 59 of Law No 95-695 of 7 September 1995 establishing the Military Service Act, a person may become a soldier by recruiting or on the basis of suitability or a selection procedure. Prior to admission to the national armed forces, an old age certificate (identity card, birth certificate, etc.) is required. In addition, the admission to recruitment examinations is subject to a medical clearance.

3.

The military service law guarantees rights for those who have chosen a military career or carried out their national military service, in accordance with the special restrictions imposed on this service. It defines the general status of military personnel and their pension system.

4.

A military service of no more than eighteen (18) months in the active service is a civic duty for all nationals, both sexes, Côte d' Ivoire.

(a)

Ivorians of both sexes, as soon as they reach the age of 18, have to fulfil their obligation to do military service; the service can be deferred until the age of 30.

(b)

Students enrolled at universities may be allowed to defer military service or may be exempted from the service.

Art. 81, 82, 83 and 88 of Law No 95-695 of 7 September 1995 on military service.

5.

It is pointed out that Article 3 of the Optional Protocol is not applied to military schools, such as the Military Academy in Bingerville (EMPT), since the obligation set out in Article 3 (1), the minimum age for recruiting To increase the number of volunteers, not the educational institutions operated by the Armed Forces of the States Parties, in accordance with Articles 28 and 29 of the Convention on the Rights of the Child.

Grenada:

In order to clarify the scope of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, and after the deposit of their instrument of accession, the Government of Grenada according to Art. 3 of the Optional Protocol, that it currently has no national armed forces and thus a minimum age for recruiting for the Government of Grenada is not applicable.

The only special service in Grenada is the royal police. The Government of Grenada continues to declare that the minimum age required for the recruitment of volunteers to the royal police pursuant to Art. 16 Abs.1 lit. a of the police law is 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 of the Republic of Niger, in accordance with Law No 62-10 of 16 March 1962, on the Organization of recruitment in the Republic of Niger, that the minimum age for recruiting volunteers to the armed forces and the national gendarmerie nigers is 18 years.

The Government of the Republic of Niger shall follow the safeguard measures it has introduced to ensure that recruitment is never forcibly or forcibly:

(a)

The recruitment process for the Armed Forces and the Niger National Gendarmerie is alleged by announcement in the press and the national media aimed at young men and women;

(b)

The recruiting act includes a birth certificate and a certificate of schooling and/or teaching;

(c)

The reception ceremony for the young recruits shall be held in public, at a sports field or similar venue;

(d)

All recruits will undergo a thorough medical examination.

San Marino:

Pursuant to Article 3 (2) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Republic of San Marino declares the following:

(a)

The minimum age for the recruitment of volunteers to the military of the Republic of San Marino, in accordance with the special provisions of each force, 18 years;

(b)

In San Marino, there is neither compulsory military service nor a civil service, although Articles 3 and 4 of Law No 15 of 26 January 1990 provide for "the rules and discipline of the military", which, in exceptional cases, provides for a general mobilisation, all citizens San Marinos between the ages of 16 and 60 can be summoned 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 in order to repeal this provision.

Saudi Arabia:

1.

Saudi Arabia's laws and regulations do not include texts or provisions that allow any kind of forced recruitment into the armed forces.

2.

Entry into the national armed forces is limited to a regular (voluntary) employment and the law requires that the applicant who requires recruitment is at least 17 years of age.

Faymann