173. Presentation by 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 their instruments of ratification or Instrument of Accession 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 47/2005):

States:	Date of deposit of the instruments of ratification. Certificate of Accession:
Egypt	6 February 2007
Angola	11 October 2007
Armenia	30 September 2005
Australia	26 September 2006
Belarus	25. January 2006
Burkina Faso	6 July 2007
Burundi	24 June 2008
China	20 February 2008
India	30 November 2005
Iraq	24 June 2008
Israel	18 July 2005
Yemen	2 March 2007
Jordan	23 May 2007
Colombia	25 May 2005
Cuba	9 February 2007
Laos People's Democratic Republic	20 September 2006
Latvia	19 December 2005
Nepal	3. January 2007
Nicaragua	17 March 2005
Poland	7 April 2005
Russian Federation	24 September 2008
Slovakia	7 July 2006
Sudan	26 July 2005
Thailand	27 February 2006
Togo	28. November 2005
Turkmenistan	29 April 2005
Ukraine	11 July 2005
Vanuatu	26 September 2007

Furthermore, on 2 May 2007, Montenegro declared that it would continue to be bound by the Optional Protocol with effect from 3 June 2006.

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

Egypt:

The Arab Republic of Egypt hereby declares that under its current law the minimum age for the convocation to the Egyptian Armed Forces is 18 years and the minimum age for the voluntary confiscation to the Armed Forces is 16 years.

The Arab Republic of Egypt shall endeavour to ensure that the collection of volunteers is in fact voluntary and entirely free of play and with the consent of the parents or guardians, with the knowledge of the facts, After the volunteers have been fully informed about the obligations of the voluntary military service, and based on a reliable proof of the age of the volunteers.

Angola:

The Government of the Republic of Angola declares, 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, that according to its legislation on military service, the inclusion of persons in the Angolan armed forces, possibly with the completion of the 20. years, and that the minimum age for the collection of volunteers is 18 years.

Armenia:

According to Art. 47 of the Constitution of the Republic of Armenia, "each citizen participates in the defense of the Republic of Armenia in a legally prescribed manner".

The participation of nationals of the Republic of Armenia in the national defence is regulated in the laws of the Republic of Armenia on "compulsory military service" (15 September 1998) and on "the performance of the military service" (3 June 2002).

Pursuant to Article 4 (1) and (2) of the Law of the Republic of Armenia on "the performance of the military service" " the military service consists of the active military service and the reserve service; the active military service consists of the compulsory military service. and the military service on a contractual basis. Mandatory military service is the military service of simple soldiers and officers who have been called to serve in the armed forces or other forces, and by cadets of military schools ".

According to Article 11 (1) of the Law of the Republic of Armenia on "compulsory military service" ", male conscripts are aged between 18 and 27 years as well as reserve officers of the first group who, on account of their state of health, contribute to the performance of the military service in "Peace times were found to be suitable for military service".

On the basis of the aforementioned laws must be the nationals of the Republic of Armenia, which is the 18. Have completed life, serve in the Armed Forces of the Republic of Armenia. The Republic of Armenia shall ensure that the nationals who are the 18. They cannot be drafted on a contractual basis either for compulsory or for (voluntary) military service.

Australia:

In the case of the Australian Armed Forces, the collection of volunteers continues to be a minimum age of 17 years.

-		According to Article 3 (5) of the Optional Protocol, age limits do not apply to military schools. A list of recognised military and civilian facilities (including apprentists for apprentices) exempted from the age limit shall be managed by the Personnel Management Division. Furthermore, age limits do not apply to cadet training, since the trainees are not drafted into the Australian Armed Forces and therefore are not members of the Armed Forces.
-		Persons wishing to enter the Australian Armed Forces must submit a certified copy of their birth certificate to the competent recruiting officer. Applicants, who are the 18. Prior to their inclusion or appointment, they must present a written consent of their parents or guardians who have been informed of the facts of the case.
-		All candidates who wish to enter the Australian Armed Forces must be fully informed about the nature of their future duties and responsibilities. The recruiting officers have to be convinced that applications from people who are the 18. They have not yet completed their life year, in fact, on a voluntary basis.

Belarus:

The Republic of Belarus declares, 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, that the voluntary confiscation of nationals to the armed forces of the Republic of Belarus from the completion of the 18. Life year.

An exception to this is the inclusion in a military academy, to which nationals aged 17 years, including those who are 17 years old in the year of their admission to such an academy, under Article 43 of the Law of the Republic of Belarus of 5 November 1992 on compulsory military service and military service. This inclusion must not be forcibly or forcibly taken.

The legislation of the Republic of Belarus guarantees that the entry into the military service as a cadet in a military academy:

-		voluntary work;
-		with the consent of the parents or guardians of the person, given the facts of the case;
-		on the condition that the person is fully informed of the obligations of the military service;
-		under the condition that the person should provide a reliable proof of age before being admitted to the military service.

Burkina Faso:

The Government of Burkina Faso, 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, declares that the minimum age from which it is entitled to confiscation of Authorised by the national armed forces is 18 years.

The confiscation is voluntary and the persons must provide a reliable proof of age.

Prior to the confiscation, they shall be fully informed of the obligations of the military service.

The Burkina Faso government declares that any participation of a person under 18 years of age in peace-keeping operations or other forms of operational armed operations in peacetime and in wartime is prohibited.

Burundi:

With regard 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 Burundi declares that the minimum age from which it is to collect Volunteers to the national armed forces are permitted, eighteen (18) years (cf. Article 1 of Law No 67-8 of 30. 1 October 1963 on confiscation in the Republic of Burundi).

The Government of the Republic of Burundi shall also specify the safeguard measures it has taken in order to ensure that such confiscation is not forcibly or forcibly:

a.		the recovery procedure for the national armed forces and for the national police force of Burundi is initiated by an ad in the national press and in the national media for young men and women;
b.		the documents relating to confiscation must include, inter alia, birth certificate, proof of school certificate and/or certificate of education;
c.		the training of young people is carried out in public on a sports field or in a comparable place;
d.		All recruits will be subject to a thorough medical examination.

China:

1.		The minimum age for nationals who voluntarily enter the armed forces of the People's Republic of China is 17 years.
2.		The Government of the People's Republic of China shall apply the following safeguard measures in the implementation of the said provision:
(1)			The Law of the People's Republic of China on the Military Service stipulates that each year the male nationals, who shall be 18 years old by 31 December. They have completed their life year, they will be drawn into active service. In order to meet the needs of the armed forces and with due regard for the principle of voluntary participation, male and female nationals may be present, who shall be 18 years of age until 31 December of a year. They have not yet completed their life year, they will be drafted into active service. The nationals who are nationals of the military service who have registered for the military service but have not been admitted to the active service shall belong to the reserve groups, for which the minimum age is 18 years. The rules on the confiscation of soldiers, drawn up by the State Council and the Central Military Commission of the People's Republic of China on the basis of the Law of the People's Republic of China on military service, provide that, in order to meet the needs of the forces to cover and, while respecting the principle of voluntary participation-male and female nationals, who will be 17 years of age until 31 December of a year. They have not yet completed their life year, can be drawn into active service.
(2)			The criminal law of the People's Republic of China provides that any person who is engaged in cronyism in the case of convening or receiving or receiving unsuitable recruits shall be sentenced to a maximum of three years ' imprisonment. without parole, or for a maximum of three years, in criminal custody, if it is a serious case; such a perpetrator shall be sentenced to imprisonment without parole of at least three years and not more than seven years, if the consequences are particularly serious.
(3)			The provisions on confiscation drawn up by the Council of State and the Central Military Commission of the People's Republic of China on confiscation in an honest and non-corrupt manner must not lead to a relaxation of the conditions for recovery, nor to the need for a Reduction of the standards applicable to the authorisation will be allowed. The rules also provide for the introduction of a system to visit the home and the work unit of young applicants and to review the age of young applicants.

The People's Republic of China has also issued the following statement for the Hong Kong Special Administrative Region and the Macao Special Administrative Region:

According to Art. 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, as well as Art. 138 of the Basic Law of the Special Administrative Region of Macao, the Government of the People's Republic of China decides that the ratification shall be applied to the The Hong Kong and Macao Special Administrative Regions of the People's Republic of China shall apply.

India:

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 the Republic of India declares that:

(i)		the minimum age for the confiscation of potential recruits to the Armed Forces of India (Army, Air Force and Marine) is 16 years. After the recovery and the necessary training period, these members of the armed forces will not be sent to the operational areas unless they are 18. Have completed their life year;
(ii)		the confiscation of the armed forces of India is carried out voluntarily and carried out by means of public meetings or publicly available selection tests. There is no forcible or forcibly confiscation of the armed forces.

Iraq:

Pursuant to Art. 3 (2):

(a)		Declares the Government of the Republic of Iraq that the minimum age from which it permits the withdrawal of volunteers to their national armed forces is 18 years;
(b)		, the Republic of Iraq shall provide below a description of the safeguard measures taken by the Republic of Iraq to ensure that such confiscation is not forcibly or forcibly:
-			The confiscation must in fact be voluntary;
-			Volunteers must provide a reliable proof of age before being included in the national armed forces.

Israel:

The Government of the State of Israel, 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, makes the following statement:

(a)		The minimum age from which the State of Israel permits the confiscation of volunteers to its armed forces is 17 years in accordance with Article 14 of the Military Service Act 5746-1986 (consolidated version).
(b)		The Government of the State of Israel shall take the following protective measures with regard to the confiscation of volunteers to the armed forces in order to ensure that such confiscation does not take place violently or forcibly:
1)			Under Section 14 of the German Military Service Act 5746-1986 (consolidated version), no one under the age of 18 may not be required to submit a written request submitted by him or his/her parents or his/her guardian. However, the written consent of the other parent should be sufficient if there are considerable difficulties in contacting one of the parents.
2)			The person concerned and his/her parents or guardians receive clear and precise explanations of the nature of the duties associated with the military service.
3)			Prior to the inclusion of a person in the Israeli Armed Forces, a reliable proof of age is provided via the official national population register of the Ministry of the Interior.
4)			The Israeli Armed Forces offer various long-term programmes, within which participants can carry out scientific or rabbinical studies or volunteer work before their actual military service is received. From seventeen and a half years, everyone can enroll in these programs. For administrative reasons, participants in these programmes will receive a one-day introduction to the development of the armed forces. After this introduction, the persons concerned shall be exempted from the active service and shall be included in the programme of their choice.
5)			Persons under the age of 18 who enter the armed forces in one of the above mentioned species shall in no case be used for combat operations.

Yemen:

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 Government of the Republic of Yemen declares that it is committed to the minimum age for the To leave volunteers to the Yemeni armed forces at 18 years of age and to maintain the ban on compulsory confiscation of persons under the age of 18 years, or the withdrawal of volunteers under the age of 18.

Jordan:

I, Abdulillah al-Khatib, Minister of Foreign Affairs of the Hashemite Kingdom of Jordan, power of the power of attorment entrusted to me, and with reference to the ratification of the Optional Protocol to the Convention on the Rights of the Child with regard to the involvement of children in armed conflict by Jordan and in accordance with Article 3 (2) of the said Protocol, which provides for the deposit of a binding declaration on the minimum age for the confiscation of voluntary service to the national armed forces, according to which protection measures shall be taken to ensure that such confiscation is not forcibly forcibly or forcibly, herewith:

1)		The minimum age for compulsory confiscation of the Jordanian Armed Forces is in accordance with Art. 3 lit. a of the Military Service Act (No. 23 from 1986), as amended, 18 years.
2)		The minimum age for the confiscation of volunteers is in accordance with Art. 5 lit. b of the Law on Service in the Armed Forces (No. 2 from 1972), as amended, 16 years.
3)		The minimum age for the collection of volunteers to serve in the rank of officers is in accordance with Art. 13 para. 2 lit. b of the Act on Officers ' Service (No. 35 from the year 1966) 17 years.
4)		In order to ensure that no forcible or forcibly confiscation of persons under 18 years of age occurs, the armed forces shall take the following protective measures:
-			Before a person is included in the military service, a written proof of age is to be provided. A birth certificate is recognized as an official document for the determination of the age of a recruit.
-			Volunteers will be informed unequivocably and in detail about the duties associated with the military service.
-			The recruitment of volunteers only takes place with the consent of the parents or the guardian of the recruits.

Colombia:

As a result of the Colombian legislation, the Colombian armed forces, in accordance with the rules of international humanitarian law and for the best interests of the child, do not draw up minors, either with the consent of their parents.

Law 418 of 1997, as amended by Law 548 of 1999 and amended by Law 642 of 2001, stipulates that persons under the age of 18 years are not drawn into the military service. Underage pupils of the 11. Class selected for military service in accordance with Law 488 of 1993 shall be granted a postponing in respect of the recovery until they have reached the age required.

If a young person who has been granted a deferance in relation to the recovery, at the time when he reaches the age of majority, participates in a degree programme leading to a degree at a university, he or she may decide for himself whether he or she will do his military service immediately or wait until the end of his studies. If the institution decides to pay the service immediately, the university shall keep his place of study at the present conditions; if he decides to postpone the postponement, his certificate may not be awarded to him until after the date of his or her study. it has complied with the military obligations imposed by law. If a university degree is interrupted, recovery is mandatory to meet the military obligations.

Members of a civil or military authority who do not apply this provision shall be guilty of a serious duty of service to be punished with the dismissal.

A young person who has been granted a postponing up to the end of his studies has to fulfil his legal obligations as an academic or a technician at the service of the armed forces, in that he is in the unity of which he or she is a member of the , activities of a non-profit or civilian nature or tasks of a scientific or technical nature. In this case, the military service is six months; it can be recognised as equivalent to an agricultural year, a traineeship year, a half-year work in a holding, a one-year legal traineeship in court, a compulsory social year or any other requirement laid down in the study regulations for the person concerned in order to obtain the degree of qualification. In the case of law students, the military service may replace the doctor or final thesis; in any case, it replaces the compulsory social year provided for in Article 149 of Law 446 of 1998.

Cuba:

With regard 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 Government of the Republic of Cuba declares that the mandatory minimum age for the rights of children in armed conflict shall be Confiscation of volunteers to the armed forces is 17 years. It also states that the guarantees and guarantees for this scheme are set out in Law No 75 of 21 December 1994 and Regulation No 224 (Act on the active military service) of 21 December 1994. October 2001.

Laos People's Democratic Republic:

According to the law of the Lao People's Democratic Republic, the minimum age allowed for the collection of volunteers to their national armed forces is 18 (eighteen) years. According to Article 13 of the National Defence Service Act, " all healthy young men of Laotian nationality between 18 (eighteen) and 28 (twenty-eight) years of age are obliged to pay for a short period of time in the national defence forces to provide military service. If necessary, young women aged 18 (eighteen) and 23 (twenty-three) may also be convened for a short period of time for military service in national defence; in accordance with Art. 7, they shall be officially appointed annually in accordance with an annual official to the number of military service providers to be determined, after a health study, a selection procedure at district level to select volunteers in good health for a short-term military service in the defence forces. "

Latvia:

1)		Under Article 17 (1) of the Law on compulsory military service adopted on 19 February 1997 by the Parliament of the Republic of Latvia, nationals aged 19 to 27 are obliged to provide compulsory active military service;
2)		pursuant to Article 17 (2) of the Law on compulsory military service, male and female persons aged between 18 and 27 may volunteer for the compulsory active military service.

Montenegro:

The Republic of Montenegro hereby declares that, in accordance with Article 3 (2), the Government of the Republic of Montenegro does not impose compulsory military service. The minimum age from which Montenegro is allowed to collect volunteers from its national armed forces is 18 years. This is already laid down in the Defense Act and in the Armed Forces Act of the Republic of Montenegro, which are currently being examined by the Montenegrin government.

Nepal:

1)		The minimum age for confiscation to the Nepalese army and the armed police forces is 18 years.
2)		The confiscation of the Nepalese army and the armed police forces is voluntary and in an open competition.

Nicaragua:

According to the current requirements, persons of both sexes who wish to enter the Nicaraguan armed forces must:

-		be between 18 and 21 years old. Young people who have chosen a military career must submit a certified consent of their parents or guardian in order to prevent forcible or forced confiscation;
-		Nicaraguan nationals;
-		is physically and mentally appropriate;
-		be unmarried and childless;
-		be not subject to a reservation;
-		voluntarily agree to enter the Nicaraguan army.

Poland:

According to Article 3 (2) of the Protocol, the Polish Government declares that under Polish law the minimum age for the compulsory confiscation of Polish nationals to the national armed forces is 18 years.

The minimum age for the confiscation of volunteers to national armed forces under Polish law is 17 years. Entry into the Polish Armed Forces is entirely voluntary and candidates are obliged to present a special document to prove their birth date. In addition, the consent of the parents or of the guardian prior to admission to the service is required.

Russian Federation:

According to Article 3 (2) of the Optional Protocol to the Convention, the Russian Federation states that under the age of 18, citizens are not recruited for military service in the armed forces of the Russian Federation, and none military service contracts may be concluded with them;

According to the legislation of the Russian Federation, from the age of 16, citizens have the right to be admitted to study at military vocational training centres. By enrolling in these institutions, they acquire the status of members of the armed forces, which are mandatory military service. The legislation of the Russian Federation guarantees that such citizens will be able to reach the 18th. They are to complete military service contracts, but not before they have completed the first year of training in these training centres.

Slovakia:

The Slovak Republic declares that the minimum age from which the collection of volunteers to their national armed forces is authorised shall be governed by the following legislation in accordance with their legislation:

Law No 570/2005 on conscription and the amendment of certain laws (Section 6), according to which a person is from 1. Jänner of the calendar year in which he or she is the 19. Year of age, may voluntarily undergo compulsory military service; and

Law No 346/2005 on professional soldiers of the armed forces of the Slovak Republic and on the amendment of certain laws (Section 13), according to which the completion of the 18. Life-year requirement for admission to the service as professional soldier of the armed forces of the Slovak Republic.

The fact that the confiscation can be carried out exclusively on the basis of a law in accordance with the Constitution of the Slovak Republic shall be sufficiently ensured that such confiscation shall not be forcibly violent or forcibly.

Sudan:

According to Article 3 (2) of the Optional Protocol, the Government of the Republic of Sudan declares that the Republic of Sudan is committed to keeping the minimum age for the voluntary service in the Sudanese Armed Forces at 18 years of age and to prohibit the continue to maintain and maintain voluntary entry of persons under 18 years of age.

Thailand:

1.		The military service is legally binding. Thai men who are the 18. They are obliged to register in the list of inactive military personnel. At the age of 21, selected inactive military personnel will become active military personnel. In addition, inactive military personnel may voluntarily apply to the service as an active military personnel with the national armed forces. Women are exempted from compulsory military service in both peace and war periods, but are subject to other legal obligations.
2.		In wartime or in national crises, inactive military personnel (men over 18 years of age) can be drafted into the armed forces.
3.		The admission to military schools such as the Lower Oreation School of the Army, the specialized school of the Air Force, the Naval Underground School, the School in preparation for the Academies of the Armed Forces, as well as the Academies of the Army, the Navy and the Air force is carried out on a voluntary basis, depending on the success of the entrance examinations and is only possible with the consent of the parents or the legal guardian.
4.		Students of secondary schools and students can, without exception, apply voluntarily to military training of the Army Reserve Committee, regardless of their gender, with the consent of the parents or the legal guardian. Pupils and students who complete a three-year training course are at the completion of their 21 years of age. Life-year of military service (as active military personnel).
5.		Non-state militias are prohibited by law, irrespective of the age of the persons concerned.

Togo:

According to Article 3 (2) of the Optional Protocol, the Government of the Republic of Togo declares:

i)		that the minimum age from which it permits the collection of volunteers to their national armed forces is eighteen (18) years,
ii)		and describes in the following the protective measures taken by the Commission to ensure that such confiscation is not forcibly or forcibly:
-			Persons under the age of 18 cannot be conscripted as members of the Togolese armed forces, nor can they be granted permission-not as a volunteer-to be considered as members of the Togolese armed forces, nor are they members of the togoish forces are being captured.
-			There is no national service in Togo.
-			The collection takes place nationwide, voluntarily and publicly upon presentation of a birth certificate, a certificate of schooling or a training certificate and the qualifications obtained.
-			All the entreates shall be subjected to a detailed medical examination.

Turkmenistan:

Male nationals aged between 18 and 30 who are not entitled to an exemption from compulsory military service or a postponing of the military service may be recruited to the military service.

The convocation of a national to the military service may take place after the date of the 18. Year of life has been completed.

The admission of a national to the military service can be carried out after he has received the 17. Years of life completed and personally reported to the voluntary military service.

Ukraine:

Ukraine reaffirms its obligations under Article 38 of the Convention on the Rights of the Child with regard to armed conflict affecting children, and declares, with regard to Article 3 (2) of the Optional Protocol, that the Minimum age for voluntary entry into the national armed forces (on a contractual basis) is 19 years.

Ukraine, in accordance with its national legislation, guarantees that, when nationals are confisled into their armed forces on a contractual basis, only the principle of voluntariness shall be established and that: the confiscation is not forcibly or forcibly.

Vanuatu:

According to Article 3 (2) of the Protocol, the Government of the Republic of Vanuatu hereby declares that the minimum age from which the Republic of Vanuatu allows the withdrawal of volunteers to their national armed forces shall be granted in accordance with Section 3 (2) of the Protocol. Police rules are 18 years old. It also states that Vanuatu has taken the following protective measures to ensure that the confiscation of persons does not take place violently or forcibly.

A contender on appeal to the armed forces:

a)		has the 18. It is not more than 30 years old and is not more than 30 years old;
b)		have been certified by a local doctor that he is in good health and condition as well as physically and psychologically suitable to perform the tasks for which he is appointed after his appointment;
c)		is at least 1.70 meters (5 feet 8 inches) large;
d)		has at least one primary school degree or has passed the examination for the police service;
e)		features untaboo character traits.

In addition, the following states have made the following statements:

Chile 1 :

Pursuant to Article 3 (4) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Republic of Chile amends the declaration made at the time of ratification of the Protocol, such as: follows:

" The Government of Chile declares that, according to its national legislation, the minimum age for voluntary entry into the national armed forces is 18 years. By way of exception, 17-year-old persons may, at their request, prefer their regular conscription to military service by one year, but they are subject to the completion of the 18. Life year no mobilization. "

Paraguay 1 :

I declare, on behalf of the Government of the Republic of Paraguay, that it has been decided to set the minimum age for the withdrawal of the armed forces to eighteen (18) years. The measures to be taken for the recovery shall be brought into line with Article 3 (3) of the Optional Protocol.

Faymann