29 AVRIL 2002. - An Act to approve the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, adopted in New York on 25 May 2000 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, adopted in New York on 25 May 2000, will bring its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 29 April 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of National Defence,
A. FLAHAUT
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2001-2002.
Senate.
Documents. - Bill tabled on 11 January 2002, No. 2-1005/1. - Report made on behalf of the commission, No. 2-1005/2.
Annales parliamentarians. - Discussion, meeting of February 28, 2002. - Vote, meeting of 28 February 2002.
Room.
Documents. - Project transmitted by the Senate, No. 50-1671/1. - Report made on behalf of the commission, no. 50-1671/2. - Text adopted in plenary and subject to Royal Assent, No. 50-1671/3.
Annales parliamentarians. - Discussion, meeting of March 27, 2001. - Vote, meeting of 28 March 2001.

OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD, CONCERNING THE IMPLICATION OF CHILDREN IN ARMS CONFLICT
States Parties to this Protocol,
Encouraged by the considerable support provided by the Convention on the Rights of the Child, which indicates a general willingness to work for the promotion and protection of the rights of the child;
Reaffirming that the rights of children must be specially protected and calling for the continuous improvement of the situation of children and that they may flourish and be educated in conditions of peace and security;
Concerned about the adverse and widespread effects of armed conflict on children and their long-term impact on the maintenance of durable peace, security and development;
Condemning the targeting of children in situations of armed conflict and the direct attacks on places protected by international law, including places where many children are generally located, such as schools and hospitals;
Noting the adoption of the Statute of the International Criminal Court, which includes, in particular, among war crimes, in both international and non-international armed conflicts, the conscription or recruitment of children under the age of 15 in the national armed forces or the active involvement of them in hostilities;
Considering therefore that, to further strengthen the rights recognized in the Convention on the Rights of the Child, it is important to increase the protection of children from involvement in armed conflict;
Noting that article 1 of the Convention on the Rights of the Child specifies that, within the meaning of the Convention, a child is defined as any human being under the age of 18, unless the majority is attained earlier under the applicable legislation;
Convinced that the adoption of an optional protocol to the Convention, which would raise the minimum age for possible recruitment into the armed forces and participation in hostilities, would effectively contribute to the implementation of the principle that the best interests of the child should be a primary consideration in all decisions affecting the child;
Noting that the twenty-sixth International Conference of the Red Cross and Red Crescent, held in December 1995, recommended, inter alia, that parties to a conflict take all possible measures to prevent children under the age of 18 from participating in hostilities;
Welcoming the adoption by consensus in June 1999 of the International Labour Organization Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, which prohibits the forced or compulsory recruitment of children for use in armed conflict;
Condemning with deep concern the enlistment, training and use below and beyond the national borders of children in hostilities by armed groups distinct from the armed forces of a State, and recognizing the responsibility of those who recruit, train and use children in this regard;
Recalling the obligation of any party to an armed conflict to comply with the provisions of international humanitarian law;
Emphasizing that this Protocol is without prejudice to the purposes and principles of the Charter of the United Nations, including Article 51, and relevant standards of humanitarian law;
Taking into account that the conditions of peace and security based on full respect for the purposes and principles of the Charter of the United Nations and respect for applicable human rights instruments are essential to the full protection of children, especially during armed conflicts and under foreign occupation;
Aware of the special needs of children who, because of their economic and social situation or gender, are particularly vulnerable to recruitment or use in hostilities in violation of this Protocol;
Recognizing also the need to take into account the underlying economic, social and political causes of the participation of children in armed conflict;
Convinced of the need to strengthen international cooperation to ensure physical and psychosocial rehabilitation and social reintegration of children who are victims of armed conflict;
Encouraging the participation of communities and, in particular, child and child victims, in the dissemination of information and education programmes relating to the implementation of this Protocol;
The following agreed:
Article 1
States Parties shall take all possible measures in practice to ensure that members of their armed forces who have not reached the age of 18 do not participate directly in hostilities.
Article 2
States Parties shall ensure that persons who have not reached the age of 18 are not subject to compulsory recruitment into their armed forces.
Article 3
1. States Parties shall, in the years, fall within the minimum age of voluntary engagement in their national armed forces compared to that set out in article 38, paragraph 3, of the Convention on the Rights of the Child, taking into account the principles set out in that article and recognizing that under the Convention, persons under the age of 18 years are entitled to special protection.
2. Each State Party shall, upon ratification of or accession to this Protocol, deposit a binding declaration indicating the minimum age from which it authorizes voluntary engagement in its national armed forces and describing the safeguards it has provided to ensure that this commitment is not forcefully contracted or under duress.
3. States Parties that authorize voluntary engagement in their national armed forces prior to the age of 18 shall establish guarantees that:
(a) This commitment is indeed voluntary;
(b) This commitment shall take place with the informed consent of the parents or legal guardians of the person concerned;
(c) Persons engaged are fully informed of the duties of national military service;
(d) These people provide reliable proof of their age before being admitted to the service.
4. Any State Party may, at any time, strengthen its declaration by means of notification to that effect addressed to the Secretary-General of the United Nations, who shall inform all other States Parties. Such notification shall take effect on the date on which it is received by the Secretary-General.
5. The obligation to raise the minimum age for voluntary engagement referred to in paragraph 1 of this article shall not apply to schools under the administration or control of the armed forces of States Parties, in accordance with articles 28 and 29 of the Convention on the Rights of the Child.
Article 4
1. Armed groups that are distinct from the armed forces of a State should in no circumstances enlist or use in hostilities of persons under the age of 18.
2. States Parties shall take all possible measures in practice to prevent the recruitment and use of such persons, including legal measures necessary to prohibit and penalize such practices.
3. The application of this Article of the Protocol shall not affect the legal status of any party to an armed conflict.
Article 5
Nothing in this Protocol shall be construed as preventing the application of provisions of the legislation of a State Party, international instruments and international humanitarian law more conducive to the realization of the rights of the child.
Article 6
1. Each State Party shall take all necessary legal, administrative and other measures to ensure the effective application and observance of the provisions of this Protocol within its jurisdiction.
2. States Parties undertake to make widely known the principles and provisions of this Protocol, to adults and children, using appropriate means.
3. States Parties shall take all possible measures in practice to ensure that persons within their jurisdiction who are recruited or used in hostilities in violation of this Protocol are demobilized or otherwise released from military obligations. If necessary, the States Parties shall provide such persons with all appropriate assistance for their physical and psychological recovery and social reintegration.
Article 7
1. The States Parties shall cooperate in the implementation of this Protocol, in particular for the prevention of any activity contrary to this Protocol and for the rehabilitation and social reintegration of persons who are victims of acts contrary to this Protocol, including through technical cooperation and financial assistance. Such assistance and cooperation will be in consultation with the States Parties concerned and relevant international organizations.
2. States Parties that are in a position to do so shall provide such assistance through existing multilateral, bilateral or other programmes or, where appropriate, through a voluntary fund established in accordance with the rules established by the General Assembly.
Article 8
1. Each State Party shall submit, within two years after the entry into force of this Protocol, a report to the Committee on the Rights of the Child containing detailed information on the measures it has taken to give effect to the provisions of this Protocol, including those relating to participation and enrolment.
2. Following the submission of the detailed report, each State Party shall include in its reports to the Committee on the Rights of the Child in accordance with Article 44 of the Convention any additional information regarding the application of this Protocol. The other States Parties to the Protocol shall report every five years.
3. The Committee on the Rights of the Child may request additional information from States Parties regarding the application of this Protocol.
Article 9
1. This Protocol shall be open for signature by any State that is a Party to or has signed the Convention.
2. This Protocol is subject to ratification and is open to accession by any State. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.
3. The Secretary-General, in his capacity as depositary of the Convention and the Protocol, shall inform all States Parties to the Convention and all States that have signed the Convention of the deposit of each declaration under Article 3.
Article 10
1. This Protocol shall enter into force three months after the date of deposit of the tenth instrument of ratification or accession.
2. For each State ratifying or acceding to this Protocol after its entry into force, the Protocol shall enter into force one month after the date of the deposit by that State of its instrument of ratification or accession.
Article 11
1. Any State Party may, at any time, denounce this Protocol by means of a written notification addressed to the Secretary-General of the United Nations, who shall inform the other States Parties to the Convention and all States that have signed the Convention. The denunciation shall take effect one year after the date on which the Secretary-General has received notification. However, if, at the expiry of this one-year period, the State Party author of the denunciation is engaged in an armed conflict, it will not take effect until the end of the said conflict.
2. Such denunciation shall not release the State Party from its obligations under this Protocol on the basis of any act done before the date on which the denunciation takes effect, nor shall it compromise in any way the continued examination of any matter before the date on which the denunciation takes effect.
Article 12
1. Any State Party may propose an amendment and deposit it with the Secretary-General of the United Nations. The Committee then communicates the amendment proposal to the States Parties, asking them to indicate whether they are in favour of convening a conference of the States Parties for consideration of the proposal and its vote. If, within four months of the date of this communication, at least one third of the States Parties shall vote in favour of convening such a conference, the Secretary-General shall convene the Conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly for approval.
2. Any amendment adopted in accordance with the provisions of paragraph 1 of this Article shall enter into force when approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties.
3. When an amendment comes into force, it is binding on the States Parties that have accepted it, the aut States Parties shall remain bound by the provisions of this Protocol and by any earlier amendments accepted by them.
Article 13
1. This Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, will be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall send a certified true copy of this Protocol to all States Parties to the Convention and to all States that have signed the Convention.

Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, adopted in New York on 25 May 2000
LIST OF LIES
For the consultation of the table, see image
At the time of ratification, Belgium issued the general declaration under item 1 below and the supplementary statements in items 2 and 3:
1. "In accordance with Article 3, paragraph 2, and taking into account Article 3, paragraph 5, the Government of the Kingdom of Belgium states that the minimum age for voluntary engagement in the Belgian armed forces is not less than 18 years. »
2. "The Government of the Kingdom of Belgium states that the Belgian law absolutely prohibits any participation of a person under the age of 18 in times of peace and war, in any peacekeeping operation or in any form of armed operational engagement. In addition, non-governmental militias are prohibited regardless of the age of the persons concerned. »
3. "The Government of the Kingdom of Belgium will not respond to a request for judicial cooperation where it would result in discrimination between governmental and non-governmental forces in violation of the principle of international humanitarian law of equality of the parties to the conflict, including in cases of armed conflict not of an international character. »