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 N ° 23/2009):

States:

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

Algeria

6 May 2009

Bhutan

9 December 2009

Djibouti

27 April 2011

Gabon

21 September 2010

Georgia

3 August 2010

Guyana

11 August 2010

Congo

24 September 2010

Malawi

21 September 2010

Netherlands

24 September 2009

Seychelles

10 August 2010

Saint Vincent and the Grenadines

29 March 2011

South Africa

24 September 2009

Hungary

24 February 2010

Cyprus

2 July 2010

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:

Algeria:

Explanation:

In accordance with Article 3 of the Second Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and with a view to the conclusion of the ratification procedures in this regard, I have the honour to: To send them the following statement on behalf of the Government of the People's Democratic Republic of Algeria:

On the basis of Regulation No 74-103 of 15 November 1974, which contains the law on military service, Algerian young people are allowed to take part in the completion of the 19 years of age. They are called for military service life years.

In application of Regulation No 06-02 of 18 February 2006, which contains the General Law on the members of the armed forces, Presidential Decree No 08-134 of 6 May 2008 lays down the conditions for the confiscation of professional officers. Algerian army, according to which the minimum age for the confiscation of persons in this category is 18 years.

The same piece of legislation also applies to contractual military personnel and subofficers and, since 1969, by means of internal regulations (Regulation No 69-90 of 31 December 1990). October 1969, which includes the Staff Regulations for Underofficers of the National People's Army), also for team grades.

In addition, all guarantees are provided to ensure that the confiscation of interested parties is voluntary and that, in the case of minors, the consent of their legal representatives, as well as adequate knowledge of the In the Algerian legal texts, it is necessary to make military service obligations necessary. These legal texts shall ensure that the National People's Army is confiscation voluntarily and without compulsion, and shall also apply to holders of university entrance qualification who have completed the age of 17 and which are due to take part in Article 14 of the National People's Army. Presidential decree No 08-134 of 8 May 2008, with the consent of the parents or guardian.

It is worth noting that Article 3 of the second Optional Protocol does not apply to military schools, the establishment of which was decided in Algeria, since the obligation to raise the minimum age for the confiscation of volunteers does not apply to schools, that are operated by the armed forces or are subject to their supervision (Art. 3 (5) of the Optional Protocol).

Bhutan:

Explanation:

According 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 Royal Government of Bhutan declares that the minimum age from which it is to be confiscation by volunteers to the national armed forces, is 18 years. The minimum age is required by law, and confiscation is not made without the mandatory age of the age.

Djibouti:

Explanation:

According to Art. 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 Djibouti states that the minimum age for the confiscation of volunteers in the military service and the gendarmerie eighteen (18) years (see Article 1 of Regulation No 79-001 /PR/DEF establishing the procedure for the recruitment in the Republic of Djibouti on commission, recruitment and resumption in the Republic of Djibouti) national armed forces and the gendarmerie).

The Government of the Republic of Djibouti shall also establish the following safeguard measures to ensure that such confiscation is not carried out by coercion or coercion:

(a)

The procedure for confiscation in the national armed forces and the gendarmerie is alleged by a recruitment campaign in the press and other media aimed at young people (young men and women) (Art. 5 of Regulation No 79-001/PR/DEF laying down the procedure for recruitment in the Republic of Djibouti on commission, recruitment and resumption of recruitment into national armed forces and gendarmerie);

(b)

The applications include a birth certificate, a certificate of school attendance and/or apprenticeship certificate (Art. 6, 7 and 8 of Regulation No 79-001 /PR/DEF establishing the procedure for recruitment in the Republic of Djibouti relating to commission, recruitment and resumption of recruitment into national armed forces and the gendarmerie);

(c)

The reception ceremony of the young recruits will take place in public, on a sports field or similar venue; (Art. 6, 7 and 8 of Regulation No 79-001/PR/DEF establishing the procedure for recruitment in the Republic of Djibouti on commission, recruitment and resumption of recruitment into national armed forces and gendarmerie);

(d)

All recruits are subjected to a thorough medical examination (Art. 6 of Regulation No 79-001/PR/DEF laying down the procedure for recruitment in the Republic of Djibouti on commissions, recruitment and resumption of recruitment into national armed forces and gendarmerie).

Gabon:

Explanation:

According to Art. 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 Gabon declares that the minimum age allowed for the confiscation of children Volunteers in the military service and the national gendarmerie eighteen (18) years.

The Government of the Republic of Gabon shall also establish the following safeguard measures to ensure that such confiscation is not carried out by coercion or coercion:

a)

The procedure for confiscation in the armed forces and the national gendarmerie of the Republic of Gabon is alleged by an announcement made to the youth in the national press and in the media;

b)

The application for recruitment includes a birth certificate, a certificate of schooling and/or an apprenticeship certificate;

(c)

The reception ceremony of the young recruits shall be carried out in public, at a sports field or similar venue;

(d)

All recruits will undergo a thorough medical examination.

Georgia:

Explanation:

In accordance with 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 Government of Georgia declares that under Georgian law the minimum age for confiscation of a Georgian citizen is clearly defined in the armed forces. In accordance with Article 21 (2) of the Georgian Act on compulsory military service and military service, the decision on the confiscation of citizens to compulsory military service cannot be taken until after the completion of the 18-year period. Years of life.

According to the Georgian law on "compulsory military service and military service", a regional recruitment commission as well as local municipal commissions will be set up for recruitment in the capital of Georgia. A citizen can challenge the decision of the recruitment commission in the Central Appointment Commission established by the Regulation of the President of Georgia, or in court.

In this case, the decision of the Recruitment Commission shall be suspended until the Central Recruitment Commission has announced its decision or the decision of the court becomes final (Art. 184 of the Administrative Code of Georgia and Art. 29 of the Administrative Procedure Law of Georgia).

In the event of a significant violation of human rights by unlawful recruitment, the act of the official or of an equator shall be considered as an abuse of the authority and prosecuted (Art. 333 of the Criminal Code of Georgia).

Guyana:

Explanation:

The Government of the Republic of Guyana hereby declares that, in accordance with Chapter 15.01 Article 18 (2) of the Military Act as amended, the age for confiscation in the national armed forces is 18 years. According to the law of Guyana, age eighteen years is the age of majority.

The confiscation between the 16. and 18. Year of life is permitted, but requires the consent of the parents or guardian.

In Guyana, there is no convocation and no other form of military forcible service or conscription.

The Government of Guyana has adopted the following safeguard measures to ensure that confiscation is not carried out by coercion or coercion:

(i)

confiscation shall be made in the form of a public notice and a generally accessible entrance examination;

(ii)

the recruitment of recruits is carried out by a recruitment commission, consisting of members of the armed forces and government representatives;

(iii)

only persons with a reliable age record are recruited;

(iv)

before being recruited, the persons concerned shall be fully informed of their duties and duties in the framework of the military service;

(v)

persons drawn up shall have the opportunity to leave the military service after three years or, if the circumstances so warrant, also in advance;

(vi)

Persons drawn in shall be thoroughly and carefully medically examined.

Congo:

Explanation:

In accordance with 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 the Congo declares that the minimum age for the collection of volunteers is to be established in the Military service and the national gendarmerie eighteen (18) years is and in the gendarmerie is twenty (20) years (see Art. 4 of Law No. 17-61 of 16 January 1961 on the organization of and confiscation in the Armed Forces of the Republic Congo).

The Government of the Republic of the Congo also lays down the following safeguard measures to ensure that such confiscation is not carried out by coercion or coercion:

(a)

The procedure for confiscation in the armed forces of the Congo and in the national gendarmerie is alleged by announcement in the press and in the national media directed at young men and women;

(b)

Applications include a birth certificate, a certificate of school attendance and/or an apprenticeship certificate;

(c)

The reception ceremony of the young recruits shall be carried out in public, at a sports field or similar venue;

(d)

All recruits will undergo a thorough medical examination.

Malawi:

Explanation:

In accordance with Article 3 (2) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (hereinafter referred to as the "Protocol"), the Republic of Malawi states that:

1.

the minimum age for convening in the armed forces of Malawi is eighteen (18) years. According to Chapter 19 (2) of the Armed Forces Act of Malawi (point 11 of 2004), which Art. 3 of the Protocol applies, it is prohibited to a recruiting officer, a person who has not reached the eighteenth (18) year of age or older than 24 Years is to write to the armed forces of Malawi;

2.

the Protocol is applied by the Republic of Malawi in all areas where an officer of the Armed Forces of Malawi is employed and employed;

3.

the recruitment into the armed forces of Malawi is in fact voluntary;

4.

the recruitment to the armed forces of Malawi with the declaration of consent of the parents or guardians of each recruit;

5.

all persons wishing to enter the Malawi Armed Forces are fully informed of the obligations of such a military service; and

6.

all persons who wish to enter the armed forces of Malawi must have a reliable proof of age before being included in the national military service.

Netherlands:

Explanation:

In accordance with Article 3 (2) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (New York, 25 May 2000), the Government of the Kingdom of the Netherlands declares that the The minimum age from which the Dutch law will allow volunteers to collect volunteers from their national armed forces for both soldiers and officers and subofficers will continue to be 18 years. After the completion of the seventeenth year of life, persons may be drawn to the test on a strictly voluntary basis as military personnel.

The relevant legislation in the Netherlands provides for the following protective measures to ensure that such confiscation of persons under eighteen years does not take place violently or forcibly:

1.

The appointment of such persons under the age of 18 as members of the armed forces on a sample shall be admissible only with the written consent of the parents of the person.

2.

By the completion of the eighteenth year of life, a member of the armed forces may only be a regular soldier on a trial basis after he has given his written consent in this respect. In addition, the law on military personnel of 1931 ensures that a person under eighteen years does not participate in an armed conflict, in particular that members of the armed forces do not rehearse with the armed forces, and that the military personnel are not in the right to be involved in the armed conflict. peace-keeping or humanitarian operations, as well as other forms of armed use.

The above does not apply to the Netherlands Antilles and Aruba. In the relevant legislation of the Netherlands Antilles and Aruba, the minimum age for entry to military service and other armed forces is set at 18 years. Furthermore, in the Netherlands Antilles [and] Aruba does not take place in the form of volunteers.

Seychelles:

Explanation:

Considering that in the Seychelles according to the law of law of 13. October 1980, the age of majority, with the completion of the 18. for the period of life;

whereas the Constitution of the Republic of Seychelles of 21 June 1993 guarantees the rights of minors in Article 31, which recognises the right to special protection of children and young people;

whereas, according to paragraph 23 of the Military Code of the Seychelles, 1. In 1981, persons under the age of 18 may not be confisable without the written consent of their parents or guardians;

whereas, according to the same military law, the 1. In 1981, a member of the Armed Forces, who is not yet 18 years old and who has been drafted in an irregular or erroneous way without the consent required under the Seychelles law, to be dismissed at the request of either a parent or his guardian. is;

whereas the Seychelles Defence Academy is receiving children over 15 years of age only with the consent of their parents or guardians;

Aware that Article 3 (4) of the Protocol allows each State Party to tighten its declaration at any time by directing a notification to the Secretary-General of the United Nations.

Saint Vincent and the Grenadines:

Explanation:

In accordance with 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 Government of St Vincent and the Grenadines declares that the minimum age for the voluntary Recruiting to the police nineteen (19) years is in accordance with the Police Law Chapter 280, Section 6, Section 1 of the Law of St. Vincent and the Grenadines.

South Africa:

Explanation:

a)

The South African National Defence Force (SANDF) is a voluntary army and therefore there is no conscription to the SANDF;

b)

The recruitment process to SANDF is made by announcing in the national newspapers and a requirement is a statutory age limit of 18 years;

c)

The reception ceremony of the young recruits shall be carried out in public, at a sports field or similar venue;

d)

All recruits need an identity card, indicating their date of birth and, if appropriate, their education certificate, and

e)

All recruits are subjected to a thorough medical examination, on the occasion of which a lower age would be noticed, and every minor recruit is routinely denied recruitment.

Hungary:

Explanation:

According 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 Hungary declares that the minimum age for the confiscation of volunteers is to be Hungarian national Armed Forces under Hungarian law is eighteen (18) years. In accordance with the Constitution of the Republic of Hungary, any confiscation of the national armed forces is voluntary in time of peace, and the minimum age for conscription during armed conflict is also eighteen (18) years.

Cyprus:

Explanation:

In accordance with Article 3 (2) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, New York, 25 May 2000, the Republic of Cyprus declares:

1.

The National Guard Act No. 20 of 1964, amended several times, most recently in 2006, hereinafter referred to as "The National Guard Act", stipulates that compulsory military service in peacetime is 1. Jänner of the year begins, in which the citizen of the year 18. Life year. Although the military service is compulsory for all Cypriot citizens, women and some categories of fellow citizens (e.g. clergy) are exempt from military service in peacetime.

2.

The National Guard Act also provides for the confiscation of volunteers, by nationals under the age of 18, who have reached the age of 17 at the time of their confiscation to the armed forces. The admission of volunteers to the military service requires a special permit from the Ministry of Defense. Volunteers must have current written consent from parents or legal guardians.

3.

The cessation of volunteers by the armed forces for a minimum age of 17 years is still allowed under the conditions and guarantees provided for in Article 3 (3) of the Optional Protocol.

4.

In application of Chapter 4a of the National Guard Act, which provides for the reporting obligation for all citizens from the completion of the 16. In the case of the competent authorities of the competent authorities in the district of their normal residence, proof of age shall be provided before the collection. Chapter 4a of the law stipulates that the data must be submitted in writing and must include information on the place and date of birth, among other things. It is punishable to provide erroneous data at the time of enrollment.

5.

The Republic of Cyprus recognises that Art. 1 of the Optional Protocol would not prevent the use of members of the armed forces if:

a.

there is a real military need to deploy its unity in an area where fighting is taking place; and

b.

due to the nature and urgency of the situation:

i.

it is not possible to withdraw such persons from use; or

ii.

if this would undermine the operational efficiency of its unit, and thereby endanger the successful implementation of the military mission and/or the safety of other personnel.

The above finding is particularly necessary in the current circumstances in the Republic of Cyprus, in particular as a result of the continued illegal military occupation of 37% of its territory by a foreign country, Party to the Optional Protocol.

According to a further note by the Secretary-General of the United Nations, on 1 April 2010, Japan made its declaration at the time of ratification. 1 changed as follows:

According to the relevant laws and regulations, the Government of Japan recruits only those as members of the Japanese Armed Forces, which have reached the minimum age of 18.

Furthermore, on 29 September 2010 the Kingdom of the Netherlands informed the Secretary-General of the United Nations of the fact that the Optional Protocol, with effect from 10 June 2010, was adopted. It will be applied to the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba) in October 2010.

Faymann