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Law No. 2003-043 Authorizing The Ratification Of The Optional Protocol To The Convention On The Rights Of The Child On The Involvement Of Children In Armed Conflict

Original Language Title: Loi n°2003-043 autorisant la ratification du Protocole facultatif à la Convention relative aux droits de l’enfant, concernant l’implication d’enfants dans les conflits armés

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REPOBLIKAN'I MADAGASIKARA Tanindrazana
-
Fahafahana- Fandrosoana Law No. 2003-043
authorizing the ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement
of children in armed conflict

EXPLANATORY MEMORANDUM the Convention on the righ ts of the child adopted by the Assembly the Genera of the United Nations on 20 November 1989 was rati fied by the Madagascar
March 19, 1991. This Convention contains 2 protocols, including the protocol facul tati f
concerning the impl ication of children in armed confl i ts.
States Parties must comply with the arranged i tions is prescribed by your by di t Protocol; However, no arranged i tion shall be construed as preventing the appl ication of the arranged i tions of the legis lation of a State Party, of International Instruments and International Humanita Droi t ry conducive to
rea li sation righ ts of the child.
This Protocol lays down the steps to the States, late pre vent the participation of children who have not attained the age of 18 in armed confl i ts and this, in accordance with paragraph 3 Article 38 of the Convention
the righ ts of the child.
Upon ratification, States Parties must apply defined minimum age for s' engage in mid Service li ta ry.
This Protocol adopted by the Assembly of the Genera the Organization of
United Nations in New York May 25, 2000 was s igneous by Madagascar on 07
September 2000, es t in force since
12 February 2002. this Protocol enters into force for the State party, one month after the date of deposit of its instrument of ratification or Membersh p ion with the Secre ry Genera l of the United Nations.
The ratification by Madagascar this Protocol consti kill
commitment to better protect children in cases of armed confl i ts, a late pre vent the uti li sation ive abuse of children in case ilyait insuffi growth of effecti fs.
These are the moti fs of this Law authorizing the ratification of the protocol to better protect children.
REPOBLIKAN'I MADAGASIKARA Tanindrazana - Fahafahana- Fandrosoana
Law No. 2003-043
authorizing the ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
the national Assembly and the Senate have adopted in their respective year session of 11 December 2003 and 22 December 2003, the Act whose content sui t:
Article premier.- Es t allowed rati fi cation protocol facul tati f
to the Convention on the Droi ts of the child concerning the impl ication of children in armed confl i ts.
Article 2: This Law shall be publ ished in the Official Gazette of the Republ ic.
El will be enforced as law of the State.
Antananarivo, December 22, 2003
THE PRESIDENT OF THE NATIONAL ASSEMBLY, THE PRESIDENT OF THE SENATE,
Lahiniriko Jean Rajemison Rakotomaharo

original text Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
Concluded in New York May 25, 2000 Approved by Federal Assembly 12 June 20021 Instrument of ratification by Switzerland June 26, 2002 Came into force for Switzerland on 26 July 2002 (Status as of 31 October 2012)

The States Parties to this Protocol, encouraged by the overwhelming support for the Convention on the Rights of the child2, demonstrating the widespread commitment to work for the promotion and protection of child rights reaffirming the rights of children require special protection, and ask ing that the situation of children without distinction, is constantly improved and for their development and education in conditions of peace and security, troubled by the harmful and widespread impact of armed conflict on children and their long-term impact on the maintenance of peace, security and sustainable development, condemning the fact that children are targeted in situations of armed conflict and direct attacks on objects protected under international law, including places that are usually found many children, such as schools and hospitals, noting the adoption of the Statute of the International criminal Court3 which includes especially among war crimes in armed conflict as international and non-international, the act of conscripting or enlisting children under 15 into the national armed forces or to the participate actively in hostilities, whereas, therefore, to further strengthen the rights recognized in the Convention on the rights of the child, it is important to increase the protection of children against any involvement in armed conflict, noting that 'art. 1 of the Convention on the Rights of the Child specifies that, under the Convention, a child means every human being below the age of 18 years unless majority is attained earlier under the legislation it is applicable
RO 2002 3579; FF 2001 5977 1 Art. 1 al. 1 of the Federal Decree of 12 June 2002 (RO 2002 3578) 2 3 RS 0107 RS 0.312.1 0.107.1

human rights and fundamental freedoms 2

0.107.1

Convinced that the adoption of an optional protocol to the Convention, raising the age of possible recruitment into armed forces and participation in hostilities will contribute effectively to the implementation of the principle that the best interests of the child shall be a primary consideration in all actions concerning children, noting that the twenty-sixth international Conference of the Red Cross and Red Crescent in December 1995 recommended, inter alia that the parties to a conflict to take all possible measures to prevent children under 18 years do not take part in hostilities, Welcoming the unanimous adoption, in June 1999, Convention No. 182 (1999 ) of the international Labour Organization concerning the prohibition of the worst forms of child labor and immediate action for their élimination4, which prohibits forced or compulsory recruitment of children for use in armed conflict, condemning with deep concern the recruitment, training and the use - below and beyond 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 each party to an armed conflict to comply with the provisions of international humanitarian law, stressing that this Protocol is without prejudice to the purposes and principles of the Charter of the United Nations, 5 in particular with art. 51, and relevant norms of humanitarian law, bearing in mind that conditions of peace and security based on full respect for the purposes and principles of the UN Charter and respect for instruments on the rights of human applicable are essential to the full pro- tection of children, particularly during armed conflicts and foreign occupation, aware of the special needs of children who, because of their eco- nomic and social status or gender, are particularly vulnerable to recruitment or use in hostilities contrary to this Protocol, also aware of the need to consider the causes economic, social and deep involvement of children in armed conflict policies, convinced of the need to strengthen international cooperation to ensure the physical and psychosocial rehabilitation and social reintegration of children who are victims of armed conflict, 0.822.728.2
4 RS 5 RS 0120
child involvement in armed conflict. Prot. Optional to conv. on Children's Rights 3


0.107.1 encouraging community participation and, in particular, children and child victims in the dissemination of information and education programs on the implementation of this Protocol, have agreed the following:
Art. 1 States Parties shall take all feasible measures in practice to ensure that members of their armed forces who have not attained the age of 18 years do not take direct part in hostilities.
Art. 2 States Parties shall ensure that persons who have not attained the age of 18 years are not subject to compulsory recruitment into their armed forces.
Art. 3 1. States Parties shall raise the minimum age for voluntary recruitment into their national armed forces from that set out in s. 3 of Art. 38 of the Convention on the Rights of the Child, taking account of the principles contained in that article and recognizing that under the Convention persons under 18 are entitled to special protection. 2. Each State Party deposits, upon ratification of this Protocol or accession thereto, which sets forth the minimum age at which it will permit voluntary recruitment into its national armed forces and description of the safeguards that it has adopted to ensure that such recruitment is not forced or coerced. 3. States Parties that permit voluntary recruitment into their national armed forces under the age of 18 years shall maintain safeguards to ensure, at a minimum, that:
a) such recruitment is genuinely voluntary; b) such recruitment is done with the consent, knowingly, of

Parents or legal guardians of the applicant; c) persons are fully informed of the duties
is in such military service; d) such persons provide reliable proof of age prior to acceptance
audit service. 4. Any State Party may, at any time, strengthen its declaration by notification to that effect addressed to the Secretary General of the United Nations, who shall inform all other States Parties. This notification shall take effect on the date it is received by the Secretary General.
Human rights and fundamental freedoms 4


5 0.107.1. The requirement to raise the minimum age for voluntary recruitment under s. 1 of this Article shall not apply to schools under the administration or control of the armed forces of the States Parties, in accordance with art. 28 and 29 of the Convention on the Rights of the Child.
Art. 4 1. Armed groups that are distinct from the armed forces of a State should not, under any circumstances, recruit or use in hostilities persons under the age of 18. 2. States Parties shall take all measures possible in practice to prevent the recruitment and use of these persons, including legal measures necessary to prohibit and criminalize such practices. 3. The application of this Article of the Protocol does not affect the legal status of any party to an armed conflict.
Art. 5 Nothing in this Protocol shall be construed as precluding the application of provisions of the law of a State Party, national and international instruments of international humanitarian law more conducive to the realization of children's rights.
Art. 6 1. Each State Party shall take all measures - legal, administrative and other - measures to ensure the effective implementation and compliance with the provisions of this Protocol within its jurisdiction. 2. States Parties undertake to publicize the principles and provisions of this Protocol, to adults and children, with ap- propriate means. 3. States Parties shall take all feasible measures in practice to ensure that persons within their jurisdiction recruited or utilized in hostilities contrary to this Protocol are demobilized or otherwise released from service way . If necessary, States Parties shall accord to such persons all appropriate assistance for their physical and psychological recovery and their social reintegration.
Art. 7 1. States Parties shall cooperate in the implementation of this Protocol, including in the prevention of any activity contrary thereto and in the rehabilitation and social reintegration of persons who are victims of acts contrary thereto, including technical cooperation and financial assistance. Such assistance and cooperation will be undertaken in consultation with concerned States Parties and relevant international organizations.
Child involvement in armed conflict. Prot. Optional to conv. on child rights 5


2 0.107.1. States Parties in a position to do so shall provide such assistance through multilateral, bilateral or other existing or, if necessary, as part of a voluntary fund established in accordance with the established rules by the General Assembly.
Art. 8 1. Each State Party shall submit, within two years after the entry into force of this Protocol in regard to a report to the Child Rights Committee with detailed information on the action taken to give effect to the provisions of this Protocol, including those concerning the participation and recruitment. 2. Following the submission of the comprehensive report, each State Party shall include in the reports they submit to the Committee on the Rights of the Child, in accordance with Art. 44 of the Convention, any further information on the implementation of this Protocol. The other States Parties to the Protocol shall submit a report every five years. 3. The Child Rights Committee may request from States Parties further information on the implementation of this Protocol.

Art. 9 1. This Protocol is open for signature by any State that is party to the Convention or has signed it. 2. This Protocol is subject to ratification and is open to accession by any State. The instruments of ratification or accession shall be deposited with the Secretary General of the United Nations. 3. The Secretary-General, 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 each instrument of declaration pursuant to art. 3.
Art. 10 1. This Protocol shall enter into force three months after the deposit of the tenth instrument of ratification or accession. 2. For each State ratifying the present Protocol or acceding to it after its entry into force, the Protocol shall enter into force one month after the date of the deposit of its instrument of ratification or accession.
Art. 11 1. Any State Party may, at any time, denounce this Protocol by written notification to the Secretary General of the United Nations, who shall notify 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
Human Rights and Fundamental Freedoms 6


0.107.1 the Secretary-General received the notification. However, if at the expiration of this period of one year, the State Party making the denunciation is engaged in armed conflict, it will not take effect before the end of the conflict. 2. Such denunciation shall not relieve the State Party from its obligations under this Protocol in regard to any act done before the date on which the denunciation takes effect, nor does it prejudice in any manner whatsoever the continued consideration of any matter which the Committee prior to the date the denunciation takes effect.
Art. 12 1. Any State Party may propose an amendment and file it with the Secretary General of the United Nations. This then communicate the proposed amendment to States Parties, asking them to notify him whether they favor the convening of a conference of States Parties for the review of the proposal and its implementation to voice. If within four months of wind followed the date of such communication, at least one third of the States Parties pronounced percent in favor 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 States Parties present and voting at the conference shall be submitted to the General Assembly for approval. 2. An amendment adopted in accordance with s. 1 shall enter into force when approved by the UN General Assembly and accepted by a two-thirds majority of States Parties. 3. When an amendment enters into force, it shall be binding for States Parties which have accepted it, other States Parties still being bound by the provisions of this Protocol and any earlier amendments they have accepted.
Art. 13 1. The present Protocol, of which the English, Arabic, Chinese, Spanish, French and Russian texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary General of the United Nations shall transmit a certified copy of this Protocol to all States Parties to the Convention and all States that have signed the Convention.
(Follow the signatures)
child involvement in armed conflict. Prot. Optional to conv. on the Rights of the Child 7


0.107.1 Scope 31 October 20126
Parties Ratification Accession (A) Declaration of Succession (S)
Entry into force

Afghanistan * A September 24, 2003 October 24, 2003 South Africa * September 24, 2009 October 24, 2009 Albania * December 9, 2008 A January 9, 2009 May 6, 2009 Algeria * A * Germany June 6, 2009 ** December 13, 2004 January 13, 2005 Andorra * April 30, 2001 February 12, 2002 Angola * October 11, 2007 A November 11, 2007 Saudi Arabia * June 10, 2011 A July 10, 2011 Malawi * September 21, 2010 October 21, 2010 Argentina * September 10, 2002 October 10, 2002 Armenia * September 30, 2005 October 30 2005 Australia * September 26, 2006 October 26, 2006 Austria * 1 February 2002 12 February 2002 Azerbaijan * July 3, 2002 August 3, 2002 in Bahrain * September 21, 2004 At 21 October 2004 Bangladesh * September 6, 2000 February 12, 2002 Belarus * January 25, 2006 A February 25 2006 Belgium * a May 6, 2002 June 6, 2002 Belize * 1 December 2003 1 January 2004 Benin * January 31, 2005 February 28, 2005 Bhutan * December 9, 2009 January 9, 2010 Bolivia * December 22, 2004 At January 22, 2005 Bosnia and Herzegovina * October 10, 2003 November 10, 2003 Botswana * October 4, 2004 November 4, 2004 Brazil * January 27, 2004 February 27, 2004 Bulgaria * February 12, 2002 March 12, 2002 Burkina Faso * July 6, 2007 August 5, 2007 Burundi * June 24, 2008 July 24, 2008 Cambodia * July 16, 2004 16 August 2004 Canada * July 7, 2000 February 12, 2002 Cape Verde * May 10, 2002 At June 10, 2002 Chile * July 31, 2003 August 31, 2003 * China February 20, 2008 March 20, 2008
Hong Kong February 20, 2008 March 20, 2008 Macau 20 February 2008 20 March 2008 * **
Cyprus July 2, 2010 August 2, 2010 6
RO 2002 3585 2003 2494 2004 3879 2005 3561 2006 593 2007 419 4669 2008 4045 2009 1291 2010 4523 , 2012 405 6031. A version of the update coverage is posted on the DFA website (www.dfae.admin.ch/traites).
Human rights and fundamental freedoms 8


0.107.1 Parties Ratification Accession (A) Declaration of Succession (S)

Entry into force Colombia * May 25 2005 June 25, 2005 Congo (Brazzaville) * September 24, 2010 At 24 October 2010 Congo (Kinshasa) * November 11, 2001 February 12, 2002 Korea (South) * September 24, 2004 October 24, 2004 Costa Rica * January 24, 2003 February 24, 2003 Coast Ivory * March 12, 2012 At April 12, 2012 * Croatia 1 November 2002 1 December 2002 Cuba * February 9, 2007 March 9, 2007 Denmark * August 27, 2002 September 27, 2002
Greenland October 23, 2004 November 23, 2004 Faroe Islands October 23, 2004 November 23 2004
Djibouti * April 27, 2011 May 27, 2011 September 20, 2002 Dominique * A * October 20, 2002 Egypt February 6, 2007 A March 6, 2007 El Salvador * April 18, 2002 May 18, 2002 Ecuador * June 7, 2004 July 7, 2004 Eritrea * 16 February 2005 At March 16, 2005 * ** Spain March 8, 2002 April 8, 2002 United States * December 23, 2002 January 23, 2003 * ** Finland April 10, 2002 May 10, 2002 France * February 5, 2003 March 5, 2003 Gabon * September 21, 2010 21 October 2010 Georgia * August 3, 2010 A September 3, 2010 Greece * October 22, 2003 November 22, 2003 Granada * February 6, 2012 A March 6, 2012 Guatemala * May 9, 2002 June 9, 2002 Guyana * August 11, 2010 At September 11, 2010 Honduras * August 14, 2002 At September 14, 2002 Hungary * ** February 24, 2010 March 24, 2010 India * November 30, 2005 December 30, 2005 Indonesia * September 24, 2012 October 24, 2012 June 24, 2008 Iraq * A * Ireland July 24, 2008 November 18, 2002 December 18, 2002 Iceland 1 * October 2001 12 February 2002 Israel * July 18, 2005 August 18, 2005 Italy * May 9, 2002 June 9, 2002 Jamaica * May 9, 2002 June 9, 2002 Japan * August 2, 2004 September 2, 2004 Jordan * May 23, 2007 June 23, 2007 Kazakhstan * April 10, 2003 May 10, 2003 Kenya * January 28, 2002 February 12, 2002 August 13, 2003 Kyrgyzstan * A September 13, 2003 Kuwait * August 26, 2004 at September 26, 2004
child involvement in armed conflict. Prot. Optional to conv. on the Rights of the Child 9


0.107.1 Parties Ratification Accession (A) Declaration of Succession (S)
Entry into force

Laos * A September 20, 2006 October 20, 2006 Lesotho * September 24, 2003 October 24, 2003 Latvia * December 19, 2005 January 19, 2006 Libya * October 29, 2004 November 28, 2004 A Liechtenstein * February 4, 2005 March 4, 2005 Lithuania * February 20, 2003 March 20, 2003 Luxembourg * August 4, 2004 September 4, 2004 Macedonia * January 12, 2004 February 12, 2004 Madagascar * September 22, 2004 October 22, 2004 Malaysia * April 12, 2012 A May 12, 2012 Maldives * December 29, 2004 January 29, 2005 Mali * May 16, 2002 16 June 2002 Malta * May 9, 2002 June 9, 2002 Morocco * May 22, 2002 June 22, 2002 Maurice * February 12, 2009 March 12, 2009 Mexico * March 15, 2002 April 15, 2002 Moldova * April 7, 2004 May 7, 2004 Monaco * November 13, 2001 February 12, 2002 Mongolia * October 6, 2004 November 6, 2004 Montenegro * May 2, 2007 S 3 June 2007 Mozambique * October 19, 2004 A 19 November 2004 Namibia * April 16, 2002 May 16, 2002 Nepal * January 3, 2007 February 3, 2007 Nicaragua * March 17, 2005 At April 17 Niger 2005 * March 13, 2012 April 13, 2012 A Nigeria * September 25, 2012 October 25, 2012 Norway * ** September 23, 2003 October 23, 2003 New Zealand b * November 12, 2001 February 12, 2002 Oman * A September 17, 2004 October 17, 2004 * Uganda May 6, 2002 A 6 June 2002 Uzbekistan * December 23, 2008 At January 23, 2009 Panama * August 8, 2001 February 12, 2002 Paraguay * September 27, 2002 October 27, 2002 Netherlands * September 24, 2009 October 24, 2009 Peru * May 8, 2002 June 8, 2002 Philippines * August 26, 2003 September 26, 2003 ** Poland * April 7, 2005 May 7, 2005 Portugal * August 19, 2003 September 19, 2003 Qatar * July 25, 2002 August 25, 2002 A * Czech Republic November 30, 2001 February 12, 2002 November 10, 2001 Romania * 12 February 2002 UK * ** June 24, 2003 July 24, 2003 Russia * September 24, 2008 October 24, 2008
human rights and fundamental freedoms 10


0.107.1 Parties Accession Ratification (A) Declaration of succession (S)

Rwanda effective April 23, 2002 * A May 23, 2002 San Marino * September 26, 2011 October 26, 2011 Holy See * October 24, 2001 February 12, 2002 St. Vincent and the Grenadines * March 29, 2011 April 29, 2011 A Senegal * March 3, 2004 April 3, 2004 Serbia * January 31, 2003 February 28, 2003 Seychelles * August 10, 2010 September 10, 2010 Sierra Leone * May 15, 2002 June 15, 2002 * Singapore December 11 2008 January 11, 2009 Slovakia * July 7, 2006 August 7, 2006 Slovenia * September 23, 2004 October 23, 2004 Sudan * July 26, 2005 August 26, 2005 Sri Lanka * September 8, 2000 February 12, 2002 * ** Sweden February 20, 2003 March 20, 2003 Switzerland * 26 June 2002 July 26, 2002 Swaziland * September 24, 2012 At 24 October 2012 Syria * October 17, 2003 A 17 November 2003 Tajikistan * August 5, 2002 To September 5, 2002 Tanzania * November 11, 2004 At December 11, 2004 Chad * August 28, 2002 September 28, 2002 Thailand * February 27, 2006 At March 27, 2006 Timor-Leste * August 2, 2004 A September 2, 2004 Togo * November 28, 2005 December 28, 2005 Tunisia * January 2, 2003 February 2, 2003 Turkmenistan * April 29, 2005 A May 29, 2005 Turkey * May 4, 2004 4 June 2004 Ukraine * July 11, 2005 August 11, 2005 Uruguay * September 9, 2003 October 9, 2003 Vanuatu * September 26, 2007 October 26, 2007 Venezuela * September 23, 2003 October 23, 2003 Vietnam * December 20, 2001 February 12, 2002 Yemen * March 2, 2007 At April 2 2007
* Reservations and declarations. ** Objections. Reservations, declarations and objections, except those of Switzerland, are not
published in RO. The texts in French and English can be found at the UN website: http://treaties.un.org/ or obtained at the Directorate of International Law (DIL), international treaties Section, 3003 Berne.
Has this signature is done for the Kingdom of Belgium; it also engages the French community, the Flemish Community and the German Community.
B This acceptance shall not extend to Tokelau unless the New Zealand Government has filed a statement on the matter with the depositary.
Child involvement in armed conflict. Prot. Optional to conv. on the Rights of the Child 11


0.107.1 Reservations and declarations Switzerland7

The Swiss Government declares in accordance with art. 3 al. 2 of the Optional Protocol that the minimum age for voluntary recruitment into its national armed forces is 18 years. That age is specified by the Swiss legal system.
7 Art. 1 al. 3 of the Decree of 12 June 2002 (RO 2002 3578)