Print
Download XMLFacultatief Protocol bij het Verdrag inzake de rechten van het kind inzake de betrokkenheid van kinderen bij gewapende conflicten
Partijen met voorbehouden, verklaringen en bezwaren
Afghanistan
24-09-2003
... according to the Decree No. 20 dated 25 May 2003 on the voluntary enrollment to the Afghan National Army, signed by H.E. Hamed Karzi Head of State of Afghanistan, the minimum age for recruitment of Afghan Citizen to an active military service is limited by the age of 22 to 28. All recruitments of personnel in the Afghan National Army is voluntary and is not forced or coerced.
Albanië
09-12-2008
Pursuant to Article 3 (2) of the Protocol, the Republic of Albania declares that the
minimum age at which it permits voluntary recruitment into its national Armed Forces
is nineteen years. This age limit is prescribed by Law nr. 9171, dated 22.1.2004.
The age permitted for conscription is established by Article 5, paragraph 2 of the
Law no. 9171, dated 22.2.2004.
Algerije
06-05-2009
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 concluding the procedures for the ratification thereof, I have the honour
to transmit to you the following Declaration on behalf of the Government of the People's
Democratic Republic of Algeria:
By virtue of Order No. 74-103 dated 15 November 1974 containing the National Service
Act, Algerian youths who have reached the age of 19 years may be recruited for National
Service.
In application of Order No. 06-02 dated 18 February 2006 containing the General Military
Service Personnel Act, Presidential Decree No. 08-134 dated 6 May 2008 specifies the
conditions for the recruitment of officers serving in the Algerian Army under which
the minimum age for the recruitment of persons in this category shall be 18 years.
The same legislative provision shall apply to enlisted military personnel, primarily
noncommissioned officers, and is extended to private soldiers by virtue of internal
regulations since 1969 (Order No. 69-90 dated 31 October 1969 containing the Act on
Non-Commissioned Officers Serving in the National People's Army).
Furthermore, all the guarantees relating to the voluntary recruitment of those concerned
and which, in the case of minors, require the permission of the persons legally responsible
for them as well as adequate knowledge of the obligations inherent in military service
are contained in the Algerian legal texts. Those texts, in addition to establishing
the free and uncoerced nature of recruitment in the ranks of the National People's
Army, are also applicable to holders of the baccalaureat who have reached the age
of 17 years and who, by virtue of article 14 of Presidential Decree No. 08-134 dated
8 May 2008, must obtain the permission of their parents or legal guardian.
It is worth mentioning that the military schools that are scheduled to be established
in Algeria do not fall within the scope of article 3 of the second Optional Protocol
because the students of such establishments are under the administration or tutelage
of the armed forces which are exempt from the obligation to raise the minimum age
of voluntary recruitment (article 3, paragraph 5, of the Optional Protocol).
Andorra
30-04-2001
With regard to article 3, paragraph 2, of the Protocol, the Principality of Andorra declares that it currently has no armed forces. The only specialized forces in the Principality are those of the Police and Customs, for which the minimum recruitment age is that specified in article 2 of the Optional Protocol. Moreover, the Principality wishes to reiterate in this declaration its disagreement with the content of article 2, in that that article permits the voluntary recruitment of children under the age of 18 years.
Angola
11-10-2007
The Government of the Republic of Angola declares, in accordance with Article 3 of paragraph 2 of the Optional Protocol to the Convention on the Rights of the Child, related to Children and Armed Conflict, that in the terms of its Military Service legislation, the inclusion of persons in the Angolan Army, as appropriate, is done upon their reaching 20 years of age, and that the minimum age for voluntary enlistment is 18 years.
Argentinië
10-09-2002
The Argentine Republic declares that the minimum age required for voluntary recruitment into the national Armed Forces is eighteen (18) years.
Armenië
30-09-2005
According to Article 47 of the Constitution of the Republic of Amenia "Every citizen
shall participate in the defence of the Republic of Armenia in a manner prescribed
by law".
Participation of the citizens of the Republic of Armenia in the defence of the country
is regulated by the laws of the Republic of Armenia on "Military Duty" (15 September
1998) and on "Performance of Military Service" (3 June 2002).
According to Article 4, paragraphs 1 and 2, of the law of the Republic of Armenia
on "Performance of Military Service", "the military service consists of active and
reserve military services; the active military service consists of obligatory and
contractual military service. Obligatory military service means the military service
of ranks and officers called up to the armed forces or other forces and of cadets
of military schools".
According to Article 11, paragraph 1, of the law of the Republic of Armenia on "Military
Duty", "male conscripts aged between 18 and 27 and reserve officers of the first group
assessed as fit for military service in peace time according to their state of health
are required for military service".
Based on the above-mentioned laws, the citizens of the Republic of Armenia, who have
attained the age of 18, are required to serve in the armed forces of the Republic
of Armenia; the Republic of Armenia guarantees that those citizens who have not yet
attained the age of 18 cannot be called upon for either obligatory or contractual
(voluntary) military service.
Australië
26-09-2006
The Australian Defence Force (ADF) shall continue to observe a minimum voluntary recruitment
age of 17 years.
Pursuant to Article 3 (5) of the Optional Protocol, age limitations do not apply to
military schools. A list of authorised establishments, both military and civilian
(including those used to train apprentices), to which this age exemption applies is
held by the Service Director-General Career Management. Age limitations also do not
apply to cadet schemes, members of which are not recruited into, and are therefore
not members of, the ADF.
Persons wishing to join the ADF must present an original certified copy of their birth
certificate to their recruiting officer. Before their enlistment or appointment, all
ADF applicants who are less than 18 years of age must present the written informed
consent of their parents or guardians.
All applicants wishing to join the ADF must be fully informed of the nature of their
future duties and responsibilities. Recruiting officers must be satisfied that an
application for membership by a person less than 18 years of age is made on a genuinely
voluntary basis.
Azerbeidzjan
03-07-2002
Pursuant to Article 3 of the protocol, the Republic of Azerbaijan declares that in accordance with the Law of the Republic of Azerbaijan on the military service of 3 November 1992, the citizens of the Republic of Azerbaijan and other persons, who are meeting the defined requirements of the military service, may voluntarily enter and be admitted in age of 17 the active military service of the cadets military school. The legislation of the Republic of Azerbaijan guarantees that this service shall not be forced or coerced, shall be realized on the basis of deliberative consent of the parents and the legal representatives of those persons, that those persons shall be provided with the full information of the duties regarding this service, and that the documents certifying their age shall be required before the admission to the service in the national armed forces.
Bahama's
28-09-2015
The Government of the Commonwealth of The Bahamas declares that the State will permit voluntary recruitment into its national armed forces at the minimum age of eighteen and will state the general conditions of the engagement to be entered into by the recruit and a recruiting officer shall not enlist any person in that Force unless satisfied by that person that he has been given such a notice, understands it and wishes to be enlisted.
Bahrein
21-09-2004
With reference to Article (3), Paragraph (2) of the Optional Protocol to the Convention on the Rights of the Child concerning the involvement of children in armed conflict, the Kingdom of Bahrain hereby declares that the minimum age for voluntary recruitment to Bahrain Defence force is 18 years.
Bangladesh
06-09-2000
In accordance with Article 3 (2) of [the Optional Protocol], the Government of the
People's Republic of Bangladesh declares that the minimum age at which it permits
voluntary recruitment into its national Armed Forces is sixteen years for non-commissioned
soldiers and seventeen years for commissioned officers, with informed consent of parents
or legal guardian, without any exception.
The Government of the People's Republic of Bangladesh further provides herunder a
description of the safeguards it has adopted to ensure that such recruitment is not
forced or coerced:
The process of recruitment in the national Armed Forces is initiated through advertisement
in the national press and the media for officers and other ranks without exception.
The first induction of new recruits is conducted invariably in a public place such
as a national park, school ground or a similar place. Public participation is welcomed
in such programmes.
Before a recruit presents himself he has to submit a written declaration from his
parents or legal guardians consenting to his recruitment. If the parent or legal guardian
is illiterate the declaration is verified and counter signed by the Chairmain of the
Union Parishad.
The recruit is required to present birth certificate, matriculation certificate and
full school records.
All recruits whether officers or other ranks have to undergo rigorous medical examination
including checks for puberty. A recruit found to be pre-pubescent is automatically
rejected.
Officers and other ranks without exception are required to undergo two years of compulsory
training. This ensures that they are not assigned to combat units before the age of
18. All officers and other ranks are carefully screened before being assigned to combat
units. These tests include tests of psychological maturity including an understanding
of the elements of international law of armed conflict inculcated at all levels.
The Government of the People's Republic of Bangladesh declares that stringent checks
in accordance with the obligations assumed under the Optional Protocol will continue
to be applied without exception.
Belarus
25-01-2006
The Republic of Belarus, pursuant to article 3 of the Optional Protocol to the Convention
on the Rights of the Child on the involvement of children in armed conflict, declares
that voluntary recruitment of citizens into the armed forces of the Republic of Belarus
shall occur upon the attainment by them of 18 years of age.
Admission to a military academy, to which citizens aged 17 years or over, including
those who attain 17 years of age during the year in which they are admitted to such
an academy, are entitled, in accordance with article 43 of the Act of the Republic
of Belarus of 5 November 1992 on Military Obligations and Military Service, shall
constitute an exception to the above. Such admission shall not be forced or coerced.
The legislation of the Republic of Belarus guarantees that entry into military service
as a cadet at a military academy:
Shall be voluntary;
Shall occur with the informed consent of the person's parents or legal guardians;
Shall occur on condition that such persons are fully informed of the duties involved
in military service;
Shall be permitted on condition that such persons provide reliable proof of age prior
to acceptance into military service.
België
06-05-2002
1. In accordance with article 3, paragraph 2, and bearing in mind article 3, paragraph
5, the Government of the Kingdom of Belgium states that the minimum age for voluntary
recruitment into the Belgian armed forces is not lower than 18 years.
2. The Government of the Kingdom of Belgium states that it is absolutely forbidden
under Belgian law for any person under the age of 18 years to participate in times
of war and in times of peace in any peacekeeping operation or in any kind of armed
operational engagement. Moreover, non-governmental militias are prohibited, regardless
of the age of the persons concerned.
3. The Government of the Kingdom of Belgium shall not act upon a request for judicial
cooperation where doing so would lead to discrimination between governmental and non-governmental
forces in violation of the principle of international humanitarian law of equality
of parties to a conflict, including in the event of armed conflict of a non-international
nature.
Belize
01-12-2003
The Government of Belize declares that in accordance with Article 3 of the Protocol,
the minimum age at which voluntary recruitment to any military service in Belize shall
be permitted is sixteen years. In recruiting among persons who have attained sixteen
years but less than eighteen years, the following principles are to be observed:
1. Such recruitment is to be genuinely voluntary and reliable proof of age must be
given;
2. Such persons are to receive the informed consent of his/her parent or guardian;
3. Such persons are, before being recruited, well-informed of the duties involved
in the military service;
4. Such persons may be able to withdraw from the military service within the first
month of having enlisted.
Benin
31-01-2005
The Government of the Republic of Benin declares that the minimum age at which it
permits the recruitment of volunteers into the armed forces and the national gendarmerie
is eighteen (18) years (cf. article 13 of Act No. 63-5 of 30 May 1963 on recruitment
in the Republic of Benin).
The Government of the Republic of Benin also indicates below the safeguards that it
has adopted to ensure that such recruitment is in no event forced or coerced:
(a) The process of recruitment into the Beninese Armed Forces and the national gendarmerie
is initiated by an announcement in the national press and news media for young persons;
(b) The recruitment file is composed, as appropriate, inter alia, of a birth certificate,
a certificate of school attendance and/or a certificate of apprenticeship;
(c) The induction of young persons takes place in public, at a sports ground or a
similar location;
(d) All recruits undergo a rigorous medical examination.
Bhutan
09-12-2009
In accordance with Article 3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflicts, the Royal Government of Bhutan declares that the minimum age at which it permits voluntary recruitment into the national armed forces is 18 years. The minimum age is prescribed by the legal system and no recruitment is carried out without the submission of compulsory proof of age.
Bolivia
22-12-2004
Bolivia declares that, under its legislation in force, the minimum age for compulsory military service in the armed forces is 18 years. As for pre-military service, it is a voluntary alternative available for young persons from the age of 17 years.
Bosnië en Herzegovina
10-10-2003
The State of Bosnia and Herzegovina will not permit voluntary recruitment into its national armed forces of any person under age of 18. Such provision is incorporated into the Law on Defense of Federation of Bosnia and Herzegovina ("Official Gazette of Federation of Bosnia and Herzegovina" No. 15/96, 23/02, 18/03) and Law on Army of Republika Srpska ("Official gazette of Republika Srpska" No 31/96, 96/01), and is in compliance with Optional Protocol to the Convention on the Rights of the Child that was ratified by Bosnia and Herzegovina.
Botswana
04-10-2004
The Government of the Republic of Botswana declares, pursuant to Article 3 (2), of
the Optional Protocol, that:
a) There is no compulsory conscription into the Defence Force.
b) The process of recruitment in the Defence Force is initiated through advertisement
in the national press in which the minimum age limit of 18 years is stipulated as
one of the requirements.
c) The induction of all recruits is conducted in public.
d) All recruits are required to present a national identity card which states their
date of birth, school completion certificate, and other educational records where
necessary.
e) All recruits undergo a rigorous medical examination where pre-pubescence would
be noticed, and any person determined to be underage is routinely rejected from recruitment.
Brazilië
27-01-2004
With regard to article 3, paragraph 2, of the Optional Protocol to the Convention
on the Rights of the Child on the involvement of children in armed conflict, the Brazilian
Government declares that, according to article 143 of the Federal Constitution, military
service is compulsory, as set forth by law. The Constitution also provides that it
is within the competence of the Armed Forces, according to the law, to assign an alternative
service to those who, in times of peace, after being enlisted, claim imperative of
conscience. Women and clergymen are exempt from compulsory military service in times
of peace, but are subject to other duties assigned by law.
According to the Military Service Act (Law no 4.375, of 17 August 1964), the obligation
to military service, in times of peace, begins the 1st January of the year the citizen
becomes 18 years old (article 5). Pursuant to the Regulation of the Military Service
(Decree no 57.654, of 20 January 1966), citizens may freely present themselves to
voluntary military service provided they have the minimum age of 16 years (article
41, paragraph 1 and article 49, paragraph 4).
However, their acceptance to voluntary military service is only possible from the
1st January of the year they become 17 years old (article 127). The acceptance of
voluntaries to Military Service requires special authorization from the Armed Forces
(Military Service Act, article 27).
Pursuant to the Regulation of the Military Service, the civil incapacity to act, to
the purposes of military service, ends on the date the citizen becomes 17 years old.
Voluntaries who, upon the act of incorporation or enrollment to the military service,
have not yet completed 17 years old, must present written consent from parents or
guardians (article 239).
Brunei
17-05-2016
Pursuant to Article 3 paragraph 2 of the Optional Protocol, the Government of Brunei Darussalam declares that, as stipulated in the Royal Brunei Armed Forces Act (Cap. 149), the minimum age of enlistment to the Royal Brunei Armed Forces and Reserve Regiment is 18 years and that enlistment is voluntary.
Bulgarije
12-02-2002
The Republic of Bulgaria declares hereby that all men, Bulgarian citizens who have
attained 18 years of age shall be subject to a compulsory military service.
Bulgarian citizens who have been sworn in and done their military service or have
done two thirds of the mandatory term of their military service shall be admitted,
voluntarily, to regular duty.
Persons who have not come of age shall be trained at military schools subject to the
conclusion of a training agreement to be signed by them with the consent of their
parents or guardians. Having come of age, the trainees shall sign a training agreement
on a regular military duty.
Burkina Faso
06-07-2007
The Government of Burkina Faso, pursuant to article 3 of the Optional Protocol to
the Convention on the Rights of the Child on the involvement of children in armed
conflict, hereby declares that the minimum age for voluntary recruitment into its
national armed forces is 18.
Recruitment is voluntary and such persons must provide reliable proof of age.
They are fully informed, prior to recruitment, of the duties involved in such military
service.
The Government of Burkina Faso hereby states that it is forbidden for any person under
the age of 18 to participate in times of war and in times of peace in any peacekeeping
operation or in any kind of armed operational engagement.
Burundi
24-06-2008
With regard to Article 3 of the Optional Protocol to the Convention on the Rights
of the Child on the involvement of children in armed conflict, the Government of the
Republic of Burundi declares that the minimum age at which it permits voluntary recruitment
into its national defence forces is eighteen (18) years (cf. article of Act no. 67-8
of 30 October 1963 on recruitment in the Republic of Burundi).
The Government of the Republic of Burundi further notes that it has adopted the following
safeguards to ensure that such recruitment is neither forced nor coerced:
(a) Recruitment into the national defence forces and the national police of Burundi
is initiated through announcements in the national media for young men and women;
(b) Prospective recruits are required to provide, inter alia, a birth certificate,
proof of school attendance, and/or apprenticeship certificate;
(c) The enlistment ceremony for young people is conducted in public, at a sports field
or other similar venue;
(d) All recruits undergo a thorough medical examination.
Cambodja
16-07-2004
According to Article 42 of the Law on the General Status of Royal Cambodian Armed Forces stipulated that the Cambodian citizen of either sex who has attained the age of 18 years should be permitted or recruited into the armed forces.
Canada
07-07-2000
Pursuant to article 3, paragraph 2, of the Optional Protocol to the Convention on
the Rights of the Child on Involvement of Children in Armed Conflicts, Canada hereby
declares:
1. The Canadian Armed Forces permit voluntary recruitment at the minimum age of 16
years.
2. The Canadian Armed Forces have adopted the following safeguards to ensure that
recruitment of personnel under the age of 18 years is not forced or coerced:
(a) all recruitment of personnel in the Canadian Forces is voluntary. Canada does
not practice conscription or any form of forced or obligatory service. In this regard,
recruitment campaigns of the Canadian Forces are informational in nature. If an individual
wishes to enter the Canadian Forces, he or she fills in an application. If the Canadian
Forces offer a particular position to the candidate, the latter is not obliged to
accept the position;
(b ) recruitment of personnel under the age of 18 is done with the informed and written
consent of the person's parents or legal guardians. Article 20, paragraph 3, of the
National Defence Act states that 'a person under the age of eighteen years shall not
be enrolled without the consent of one of the parents or the guardian of that person',
(c) personnel under the age of 18 are fully informed of the duties involved in military
service. The Canadian Forces provide, among other things, a series of informational
brochures and films on the duties involved in military service to those who wish to
enter the Canadian Forces; and
(d) personnel under the age of 18 must provide reliable proof of age prior to acceptance
into national military service. An applicant must provide a legally recognized document,
that is an original or a certified copy of their birth certificate or baptismal certificate,
to prove his or her age.
14-05-2014
The Permanent Mission of Canada to the United Nations presents its compliments to
the Secretary-General of the United Nations and has the honour to refer to the Optional
Protocol to the Convention on the Rights of the Child on the involvement of children
in armed conflict, and the Secretary-General's communication of 9 April 2014, numbered
C.N.200.2014.TREATIES-IV.11.b, relating to that treaty.
The Permanent Mission of Canada notes that this communication was made pursuant to
the Secretary General's capacity as Depositary for the Optional Protocol to the Convention
on the Rights of the Child on the involvement of children in armed conflict. The Permanent
Mission of Canada notes the technical and administrative role of the Depositary, and
that it is for States Parties to a treaty, not the Depositary, to make their own determination
with respect to any legal issues raised by instruments circulated by a depositary.
In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet
the criteria of a state under international law and is not recognized by Canada as
a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes
to note its position that in the context of the purported Palestinian accession to
the Optional Protocol to the Convention on the Rights of the Child on the involvement
of children in armed conflict, 'Palestine' is not able to accede to this convention,
and that the Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict does not enter into force, or have an effect
on Canada's treaty relations, with respect to the 'State of Palestine'.
Centraal-Afrikaanse Republiek
21-09-2017
The Government of the Central African Republic declares that, in accordance with article
4 of Decree No. 85.432 of 12 September 1985, which establishes regulations for non-army
military personnel, and with article 6 of Decree No. 09.011 of 16 January 2009, which
sets out the rules for the implementation of Act No. 08.016, which establishes regulations
for the Central African police force:
The minimum age for recruitment into the Central African armed forces, the gendarmerie
and the police force is set at eighteen (18) years of age.
Recruitment is entirely voluntary and cannot be carried out against the will of the
individual concerned.
Chili
13-11-2008
Pursuant to the provisions of article 3, paragraph 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 is amending the declaration made when it deposited
the instrument of ratification of the Protocol, as follows:
The Government of Chile declares that, in accordance with its internal legislation,
the minimum age for voluntary recruitment into its national armed forces is 18 years.
As an exception, persons who are 17 years of age may, at their request, advance by
one year their ordinary conscription into military service, although they may not
be mobilized before they have reached the age of 18.
China
20-02-2008
1. The minimum age for citizens voluntarily entering the Armed Forces of the People’s
Republic of China is 17 years of age.
2. The Government of the People’s Republic of China is applying the following safeguard
measures in implementing the foregoing provision:
(1) The Military Service Law of the People’s Republic of China provides that each
year, male citizens who have reached 18 years of age by 31 December shall be recruited
for active service. To meet the needs of the armed forces and on the principle of
voluntary participation, male and female citizens who have not yet reached 18 years
of age by 31 December of a given year may be recruited for active service. Citizens
eligible for enlistment who have registered for military service but who have not
been recruited for active service shall serve in the enlistees reserves, for which
the minimum age is 18. The Regulations on the Recruitment of Soldiers formulated by
the State Council and the Central Military Commission of the People’s Republic of
China on the basis of the Military Service Law of the People’s Republic of China,
provides that in order to meet the needs of the armed forces and on the principle
of voluntary participation, male and female citizens who have not yet reached 17 years
of age by 31 December of a given year may be recruited for active service.
(2) The Criminal Law of the People’s Republic of China provides that whoever engages
in favouritism and commits irregularities in conscription work or accepts or delivers
unqualified recruits shall be sentenced to not more than three years of fixed-term
imprisonment or criminal detention, if the circumstances are serious; such an offender
is to be sentenced to not less than three years but not more than seven years of fixed-term
imprisonment if the consequences are especially serious.
(3) Under the provisions of the Regulations on Honest and Non-Corrupt Recruitment,
formulated by the State Council and the Central Military Commission of the People’s
Republic of China, neither the loosening of recruitment conditions nor the lowering
of enlistment standards are to be allowed. They further provide for the implementation
of a system of visiting the homes and work units of youth who enlist, and for verifying
the ages of enlisting youth.
Colombia
25-05-2005
The military forces of Colombia, in application of the norms of international humanitarian
law for the protection of the best interests of the child and in application of domestic
legislation, do not recruit minors in age into their ranks even if they have the consent
of their parents.
Act 418 of 1997, extended through Act 548 of 1999 and amended by Act 642 of 2001,
stipulates that persons under 18 years of age shall not be recruited to perform military
service. Students in the eleventh grade who are minors, in accordance with Act 48
of 1993, and who are selected to perform such service, shall defer their enlistment
until they have reached age 18.
If, on reaching majority, the youth who has deferred military service shall have been
matriculated or admitted to an undergraduate programme in an institution of higher
education, he shall have the option of serving his duty immediately or deferring it
until completion of his studies. If he should choose to serve immediately, the educational
institution shall reserve a space for him under the same conditions; if he should
choose to defer, the corresponding degree may be granted only when his military service
has been completed as ordered by law. Interruption of higher-level studies shall entail
the obligation of enlistment into military service. Civilian or military authorities
who disregard this provision shall be subject to dismissal on grounds of misconduct.
The youth recruited who has deferred his military service until completion of his
professional studies shall fulfil his constitutional duty as a graduate professional
or technician in the service of the armed forces in activities of social service to
the community, public works and tasks of a scientific or technical nature as required
in the respective unit to which he has been assigned. In such case, military service
shall be of six months' duration and shall be credited as the rural service year,
practicum, industrial semester, year of court internship, obligatory social service
or similar academic requirements that the programme of study establishes as a degree
requirement. For those entering a law career, such military service may replace the
thesis or monograph for the degree and in any case, shall replace the obligatory social
service referred to in article 149 of Act 446 of 1998.
Congo, Democratische Republiek
11-11-2001
Pursuant to article 3, paragraph 2, of the Protocol, the Democratic Republic of the Congo undertakes to implement the principle of prohibiting the recruitment of children into the armed forces, in accordance with Decree-Law No. 066 of 9 June 2000 on the demobilization and rehabilitation of vulnerable groups on active service in the armed forces, and to take all feasible measures to ensure that persons who have not yet attained the age of 18 years are not recruited in any way into the Congolese armed forces or into any other public or private armed group throughout the territory of the Democratic Republic of the Congo.
Congo, Republiek
24-09-2010
With regard to article 3 of the Optional Protocol to the Convention on the Rights
of the Child on the Involvement of Children in Armed Conflict, the Government of the
Republic of the Congo declares that the minimum age at which it permits voluntary
enlistment into the armed forces and national gendarmerie is eighteen (18) years in
the case of the army and twenty (20) years in the case of the gendarmerie (see article
4 of Act No.17-61 of 16 January 1961 on the organization of and recruitment into the
armed forces of the Republic of the Congo).
The Government of the Republic of the Congo further sets forth below the safeguards
it has adopted to ensure that such recruitment is not forced or coerced:
(a) The procedure for recruitment into the armed forces of the Congo and the national
gendarmerie shall be initiated through an advertisement addressed to young men and
women in the press and the national media;
(b) Applications shall include a birth certificate, a certificate of school attendance
and/or apprenticeship certificate;
(c) The induction ceremony of the young recruits shall be held in public, at a sports
field or other similar venue;
(d) All the recruits shall undergo a thorough medical examination.
Costa Rica
24-01-2003
... article 12 of the Constitution of the Republic of Costa Rica proscribes the army as a permanent institution. Accordingly, my Government considers that the declaration in question may be dispensed with for the purposes of article 3, paragraph 2, of the Protocol.
Cuba
09-02-2007
With respect to article 3, paragraph 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 binding the minimum age of 17 for voluntary recruitment into its armed forces. It also declares that the guarantees and safeguards for this provision are contained in Act No. 75 (the National Defence Act) of 21 December 1994 and Decree-Law No. 224 (the Active Military Service Act) of 15 October 2001.
Cyprus
02-07-2010
Pursuant to Article 3, paragraph 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 Law No. 20 of 1964, as variously amended, most recently in 2006,
hereinafter 'The National Guard Law', provides that the obligation to military service,
in times of peace, begins the 1st January of the year the citizen becomes 18 years
old. Although military service is compulsory for all Cypriot citizens, women and some
categories of mates (e.g. clergymen) are exempted from military service in times of
peace.
2. The National Guard Law also provides for the voluntary enlistment of citizens under
18 who have attained the age of 17 by the date of their recruitment in the armed forces.
The acceptance of volunteers to Military Service, requires special authorization from
the Ministry of Defense. Volunteers must have recent written consent from parents
or legal guardians.
3. The recruitment, on a voluntary basis, by the armed forces at the minimum age of
17 years shall continue to be permitted under the conditions and with the safeguards
provided in Article
3, paragraph 3, of the Optional Protocol.
4. Proof of age prior to recruitment is presented through the application of section
4A of the National Guard Law providing for mandatory registration for all citizens
with the appropriate authorities in the District of their normal residence once they
reach the age of 16. Section 4A of the Law specifies that the data must be submitted
in a written form and include, among others, details on the place and date of birth.
It is a punishable offence to submit erroneous data at the time of registration.
5. The Republic of Cyprus understands that Article 1 of the Optional Protocol would
not prevent
members of its armed forces to be deployed where:
a. There is a genuine military need to deploy their unit to an area in which hostilities
are
taking place; and
b. By reason of the nature and urgency of the situation:
i. it is not practicable to withdraw such persons before deployment; or
ii. to do so would undermine the operational effectiveness of their unit, and
thereby put at risk the successful conduct of the military mission and/or the
safety of other personnel.
The above understanding is all the more necessary under the circumstances prevailing
nowadays in the Republic of Cyprus as a result of the continued illegal military occupation
of 37% of its national territory by a foreign State, Party to the Optional Protocol.
Denemarken
27-08-2002
In connection with the deposit of Denmark's instrument of ratification of the Optional Protocol on the Rights of the Child on the Involvement of Children in Armed Conflict [the Government of Denmark declares] that Danish legislation does not permit the recruitment of any person below the age of 18 in the arrmed forces.
Djibouti
27-04-2011
With regard to Article 3 of the Optional Protocol to the Convention on the Rights
of the Child on the Involvement of Children in Armed Conflict, the Government of the
Republic of Djibouti declares that the minimum age for the voluntary recruitment of
persons into its national armed forces and gendarmerie is eighteen (18) years (see
article 1 of Decree No. 79-001/PR/DEF establishing the procedure for recruitment in
the Republic of Djibouti in connection with commissions, enlistment and re-enlistment
in the national armed forces).
In addition, the Government of the Republic of Djibouti sets forth below the safeguards
it has adopted to ensure that recruitment is not forced or coerced:
(a) The procedure for recruitment into the national armed forces and gendarmerie is
initiated with a recruitment campaign in the press and other media aimed at young
people (young men and young women) (article 5 of Decree No. 79-001/PR/DEF establishing
the procedure for recruitment in the Republic of Djibouti in connection
with commissions, enlistment and re-enlistment in the national armed forces and gendarmerie);
(b) Applications include a birth certificate, a certificate of school attendance and/or
apprenticeship certificate, as appropriate (articles 6, 7 and 8 of Decree No. 79-
001/PR/DEF establishing the procedure for recruitment in the Republic of Djibouti
in connection with commissions, enlistment and re-enlistment in the national armed
forces and gendarmerie);
(c) Induction for the young recruits takes place in public, at a sports field or other
similar venue (articles 6, 7 and 8 of Decree No. 79-001/PR/DEF establishing the procedure
for recruitment in the Republic of Djibouti in connection with commissions, enlistment
and re-enlistment in the national armed forces and gendarmerie);
(d) All the recruits undergo a thorough medical examination (article 6 of Decree No.
79- 001/PR/DEF establishing the procedure for recruitment in the Republic of Djibouti
in connection with commissions, enlistment and re-enlistment in the national armed
forces and gendarmerie).
Dominica
20-09-2002
... the minimum age at which voluntary recruitment will be permitted into the Police
Force (in the absence of national and armed forces) is eighteen (18) years in accordance
with the Police Act, Chapter 14:01, Section 5 (a);
... recruitment will be carried out only through a recognized registered body;
... the consent of recruits is voluntary and is witnessed to with a signed declaration;
... an orientation period is provided prior to recruitment with the option of voluntary
withdrawal.
Dominicaanse Republiek
14-10-2014
Declares that, under the Dominican legislation in force, persons enlisting in the
armed forces must be at least 18 but less than 23 years of age at the time of recruitment.
Persons between 16 and 18 years of age may enlist in the armed forces with the prior
consent of their parents or guardians.
Recruitment into the armed forces is voluntary in peacetime and forced or compulsory
when a state of emergency has been declared in accordance with the Constitution of
the Republic. Should compulsory recruitment be imposed, persons under the age of 18
years will not be enlisted, and persons under the age of 18 years who are already
enlisted will not be permitted to take an active part in hostilities.
Duitsland
13-12-2004
The Federal Republic of Germany declares that it considers a minimum age of 17 years
to be binding for the voluntary recruitment of soldiers into its armed forces under
the terms of Article 3 paragraph 2 of the Optional Protocol. Persons under the age
of 18 years shall be recruited into the armed forces solely for the purpose of commencing
military training.
The protection of voluntary recruits under the age of 18 years in connection with
their decision to join the armed forces is ensured by the need to obtain the consent
of their legal guardian and the indispensable requirement that they present an identification
card or passport as a reliable proof of their age.
Ecuador
07-06-2004
The Government of the Republic of Ecuador hereby declares that, in accordance with
the provisions of its Constitution, military service is compulsory. Citizens who invoke
conscientious objection on moral, religious or philosophical grounds are assigned
to community service, in the manner prescribed by the law.
Article 5 of the Act on Compulsory Military Service states that "military obligations
begin, for Ecuadorian citizens, at 18 years of age, and end at 55 years of age. The
period between the ages of 18 and 55 shall be called 'military age'.
Egypte
06-02-2007
The Arab Republic of Egypt hereby declares that in accordance with its current laws
the minimum age for conscription into the armed forces of Egypt is 18 years and the
minimum age for voluntary recruitment into the armed forces is 16 years.
The Arab Republic of Egypt is committed to ensuring that voluntary recruitment is
genuine and entirely willing, with the informed consent of the parents or legal guardians
after the volunteers have been fully informed of the duties included in such voluntary
military service and based on reliable evidence of the age of volunteers.
El Salvador
18-04-2002
... pursuant to article 3, paragraph 2 of the above-mentioned Protocol, the Government
of the Republic of El Salvador declares that the minimum age for Salvadorans who wish
to enlist voluntarily for military service is 16 years, in accordance with articles
2 and 6 of the Act on Military Service and Reserves of the Armed Forces of El Salvador.
The following is a description of the safeguards that the relevant Salvadoran authorities
have adopted to ensure that the military service provided is legally voluntary:
- The 16-year-old minor must submit a written request to the Recruitment and Reserves
Office or its subsidiary offices, unequivocally stating a desire to provide military
service;
- Submission of the original birth certificate or minor's card;
- Document certifying knowledge of and consent to the request to provide military
service from the minor's parents, guardian or legal representative, all in accordance
with the provisions of title II on parental authority, article 206 et seq. of the
Family Code;
- Acceptance of the request shall be subject to the needs for military service.
Eritrea
16-02-2005
The State Eritrea declares that the mimimum age for the recruitment of persons into the armed forces is eighteen years.
Estland
12-02-2014
According to Article 3 paragraph 2 the Republic of Estonia declares that the minimum
age for voluntary recruitment into national armed forces is 18 years.
Eswatini
24-09-2012
As regards 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 Kingdom
of Swaziland states that the minimum age at which it permits recruitment of volunteers
in the armed forces is eighteen (18) years (see section 17 (3) of the Umbutfo Swaziland
Defence Force Order No. 10 of 1977 on recruitment in the Kingdom of Swaziland).
The Government of the Kingdom of Swaziland further states below the safeguards it
has adopted to ensure that such recruitment is by no means done by force or under
duress:
A) The recruitment procedure in the armed forces of the Kingdom of Swaziland is committed
by an advertisement in the press and national media for young people (boys and girls);
B) The record consists of recruitment as appropriate, inter-alia, a birth certificate,
certificate of education, and/or a certificate of apprenticeship;
C) The inclusion of young people takes place in public, on a sports field or a similar
place;
D) All recruits undergo rigorous medical examination.
Ethiopië
14-05-2014
[...] in accordance with Article 3(2) of the said Optional Protocol, the Government of the Federal Democratic Republic of Ethiopia declares that the minimum age at which it will permit voluntary recruitment into its national armed forces is 18 years old [...]
Fiji
29-03-2021
… pursuant to article 3 (2) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict the minimum age for voluntary recruitment into the Republic of Fiji Military Forces is 18 years.
Filipijnen
26-08-2003
1. The minimum age for voluntary recruitment into the Armed Forces of the Philippines
is 18 years, except for training purposes whose duration shall have the students/cadets/trainees
attain the majority age at the completion date;
2. There is no compulsory, forced or coerced recruitment into the Armed Forces of
the Philippines; and,
3. Recruitment is exclusively on a voluntary basis.
Finland
10-04-2002
The Government of Finland declares in accordance with Article 3, paragraph 2, of the Optional Protocol that the minimum age for any recruitment of persons into its national armed forces is 18 years. The minimum age applies equally to the military service of men and to the voluntary service of women.
Frankrijk
05-02-2003
France hereby declares that it recruits only volunteers aged at least 17 who have been informed of the rights and duties involved in military service and that the enlistment of recruits under the age of 18 is valid only with the consent of their legal representatives.
Gabon
21-09-2010
Concerning 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 Gabon declares that the authorized minimum age for voluntary recruitment into the
armed forces and the Gendarmerie Nationale is eighteen (18) years.
The Government of the Republic of Gabon further indicates below the safeguards it
has adopted to ensure that such recruitment is not forced or coerced:
a) The recruitment procedure for the armed forces and the Gendarmerie Nationale in
the Republic of Gabon is launched by an announcement in the national press and media
for youth;
b) The recruitment dossier includes, as the case may be, a birth certificate and a
certificate of school enrolment and/or apprenticeship, inter alia;
c) The induction of youths takes place in public, at a sports field or similar location;
d) All recruits undergo a rigorous medical examination.
Gambia
27-09-2019
[…] 1. That pursuant to Article 3 of the Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in Armed Conflict, the minimum
age for voluntary recruitment into its national armed forces is 18.
2. That recruitment is voluntary and such persons must provide reliable proof of age.
3. That they are fully informed, prior to recruitment, of the duties involved in such
military service.
4. That the Republic of The Gambia has established safeguards to ensure that such
recruitment is not forced or coerced, including a requirement in Section 59 of the
Children’s Act, 2005, which stipulates that ‘a child shall not be recruited into any
of the branches of the Armed Forces of The Gambia or other Security Agencies and that
the Government or any other relevant agency or body shall ensure that no child is
directly involved in any military operations or hostilities’.
Georgië
03-08-2010
... , in according with Article 3 (2) of the additional Protocol to the Convention
on the Rights of the Child on the involvement of children in armed conflict [the]
Government of Georgia declares that according to the legislation of Georgia the minimum
age for the recruitment of a citizen of Georgia in the Armed Forces is clearly defined.
According to the paragraph 2 of article 21 of Georgian Law on ‘Military Obligations
and Military Service’, the decision concerning the recruitment of the citizens into
the obligatory military service shall be made only upon they have reached 18 years
of age.
According to the Georgian Law on ‘Military Obligation and Military Service’, for the
recruitment in the capital of Georgia is established regional recruiting commission
and on the local level-municipality commission. A citizen can appeal the decision
of the recruiting commission in the central recruiting commission established by the
decree of the President of Georgia or in the Court. In that case the decision of the
recruiting commission will be suspended until the decision of the central recruiting
commission is declared or Court’s decision enters into force (Article 184 of the Administrative
Code of Georgia and article 29 of the Administrative Procedure Code of Georgia).
In case the essential violation of the human rights is caused by illegal recruitment,
the action of the official or equivalent shall be qualified as an [excess] of authority
and be subject of criminal
responsibility (Article 333 of Criminal Code of Georgia).
Ghana
09-12-2014
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 Conflicts, the Government of
the Republic of Ghana hereby declares that the minimum age at which it permits voluntary
recruitment into its National Armed Forces is 18. The age limit is prescribed in the
Armed Forces Regulations Volume 1, Article 6.01 (1) (c) and applicants are requested
to submit their birth certificate for verification.
The recruitment into the Army is not forced or coerced and is voluntary.
Grenada
06-02-2012
With the aim of specifying the scope of the Optional Protocol to the Convention on
the Rights of the Child on the Involvement of Children in Armed Conflict and upon
depositing its instrument of accession, the Government of Grenada, acting in accordance
with article 3 of the Protocol, declares that it currently has no national armed forces,
and hence, a minimum age for recruitment is not applicable in the case of the Government
of Grenada.
The only specialized force in Grenada is the Royal Grenada Police Force. The Government
of Grenada further declares that the minimum age required for voluntary recruitment
into the Royal Grenada Police Force is nineteen (19) years in accordance with Section
16 (1) (a) of the Police Act.
Griekenland
22-10-2003
Pursuant to article 3, paragraph 2 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts, Greece declares that the minimum age at which voluntary recruitment in the Greek armed forces is permitted by national law, is 18 years.
Guatemala
09-05-2002
In conformity with article 3, paragraph 2 of the aforementioned Protocol, the Government
of Guatemala makes the following declaration:
Guatemala shall not permit the compulsory recruitment of persons under 18 years of
age into its armed forces, and, in keeping with article 3, paragraph 4, of the Convention
on the Rights of the Child on the involvement of children in armed conflict, the description
of the safeguards it has adopted to ensure that such recruitment is not forced or
coerced shall be submitted at a later date.
Guinee
08-04-2016
The Government of the Republic of Guinea declares that the Republic of Guinea has
adopted Act 001/CNT/2012 of 17 January 2012 on the general situation of members of
the armed forces.
Chapter I on recruitment states:
‘Article 39: Any citizen of Guinean nationality between the ages of 18 and 28 may
be recruited to the Guinean armed forces.
Article 40: Recruits must have Guinean nationality, be in possession of their civic
rights, have the physical and intellectual capacities required for their duties and
be able to read and write.
Article 41: Recruitment to the army shall be by voluntary enlistment. However, in
the event of a serious threat to the integrity of the national territory, the army
may as an exceptional measure proceed with general mobilization. The arrangements
for such mobilization shall be established by decree of the President of the Republic.
Article 42: Recruitment to the Guinean army shall take place each year, in the light
of the staffing needs of the armies and units and on the basis of budget forecasts.
For the recruitment of specialists, the Chiefs of Staff and units shall be allowed
to select their recruits, who shall be made available to the National Recruitment
Board.
Article 43: All recruits shall be hired for an initial two-year contract and sent
to infantry training centres for nine months’ joint basic training before joining
the various armies and units.
Article 44: Six (6) months before the expiration of the initial contract, each recruit
shall appear before the Review Board, which shall decide whether the recruit’s application
to enlist is to be accepted. The accepted candidates shall appear before the National
Recruitment Board for registration.
Arrangements for recruitment to the ranks of career officers and non-commissioned
officers shall be specified in the Special Statute.’
On behalf of the Government of the Republic of Guinea, I declare that the above provisions
concerning the minimum age for voluntary enlistment in the Guinean armed forces shall
be scrupulously and strictly observed.
Guinee-Bissau
24-09-2014
Paragraph 1 of article 31 of Law No. 4/99, of 7 September, establishing the concept
and objective of compulsory military service, published in the Supplement to Official
Gazette No. 36 of Tuesday 07/09/99, stipulates that the minimum age at which Guinea-Bissau
will permit voluntary recruitment into its armed forces is 17.
Such recruitment shall take place with the formal consent of the parents or legal
representative of the young person concerned, after the latter has been informed of
the legal responsibilities associated with national military service and upon presentation
of proof of age documents.
Guyana
18-11-2010
The Government of the Republic of Guyana hereby declares that under the Defence Act
15:01 Section 18(2), as amended, the age of recruitment into the national armed forces
is eighteen years. Eighteen years is the age of adulthood under the laws of Guyana.
Recruitment is permitted between the ages of 16 and 18 years but must be with the
consent of the parent or legal guardian.
Guyana does not practice conscription or any other form of forced or obligatory military
service.
The Government of Guyana has adopted the following safeguards to ensure that recruitment
is not forced or coerced:
(i) Recruitment is carried out by public advertisement and an open entrance examination;
(ii) Selection of Recruits is done by a Recruitment Board comprising Defence Force
members and Government representatives;
(iii) Persons are not recruited without the reliable proof of age;
(iv) Before recruitment, persons are fully briefed on the duties and responsibilities
involved in military service;
(v) Persons recruited have the option of withdrawing from military service after three
years or before if the circumstances are extenuating;
(vi) Persons recruited undergo a full and rigorous medical examination.
Heilige Stoel
24-10-2001
The Holy See, with regard to article 3, paragraph 2, of the Protocol, declares that, for what concerns the Vatican City State, the Regulations of the Pontifical Swiss Guard, approved in 1976, establish that the recruitment of its members is only voluntary and that the minimum age is set forth at 19 years.
Honduras
14-08-2002
With the aim of specifying the scope of this Protocol and upon depositing its instrument
of accession, the Government of the Republic of Honduras, acting in accordance with
article 3 of the Protocol, declares that:
1 (a). Under the legislation of the State of Honduras, the minimum age for voluntary
recruitment into the armed forces is 18 years, as part of the country's educational,
social, humanist and democratic system".
II. This Agreement shall be submitted to the Sovereign National Congress for consideration,
for the purposes of article 205, number 30, of the Constitution of the Republic.
Hongarije
24-02-2010
With reference to Article 3 paragraph 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 under Hungarian law the minimum age for voluntary recruitment into the Hungarian national armed forces is eighteen (18) years. Pursuant to the Constitution of the Republic of Hungary all recruitments to the national armed forces are voluntary in peacetime, and the minimum age for mandatory military service during armed conflict is also eighteen (18) years.
Ierland
18-11-2002
Pursuant to article 3, paragraph 2, of the Optional Protocol to the Convention on
the Rights of the Child on the Involvement of Children in Armed Conflicts, Ireland
declares:
In general, the minimum age for recruitment into the Irish armed forces is 17. An
exception is made in the case of apprentices, who may be recruited at the age of 16.
However, apprentices are not assigned to any military duties until they have completed
up to four years apprenticeship trade training, by which time all would have attained
the age of 18.
Ireland has adopted the following safeguards to ensure that recruitment of personnel
under the age of 18 is not forced or coerced:
All recruitment to the Irish armed forces is voluntary. Ireland does not practice
conscription and recruitment campaigns are informational in nature. Applicants must
fill in an application and are selected on the basis of suitability. Applicants who
are offered a Position are under no obligation to accept that position.
All applicants are required to provide proof of age. All unmarried applicants who
are under 18 must have the written consent of a parent or guardian. In Ireland a person
attains full age or adulthood either on attaining the age of 18 or upon marriage if
they marry before that age. Under Irish law a person who is under the age of 18 years
may not enter into a valid marriage unless an exemption is granted by the Circuit
or High Court.
12-01-2015
... refer[s] to the Optional Protocol to the Convention on the Rights of the Child
on the Involvement of Children in Armed Conflict and the declaration made by Ireland,
pursuant to Article 3, paragraph 2, when depositing its instrument of ratification
in respect of the Protocol on 18 November 2002.
... notif[ies], on behalf of Ireland, pursuant to Article 3, paragraph 4, of the Optional
Protocol to the Convention on the Rights of the Child on the Involvement of Children
in Armed Conflict, of the following amended declaration:
Pursuant to Article 3, paragraph 2, of the Optional Protocol to the Convention on
the Rights of the Child on the Involvement of Children in Armed Conflict, Ireland
declares:
The minimum age for voluntary recruitment into the Irish armed forces is 18 years
of age. All recruitment to the Irish armed forces is voluntary. Ireland does not practice
conscription and recruitment campaigns are informational in nature. Applicants must
fill in an application and are selected on the basis of suitability. Applicants who
are offered a position are under no obligation to accept that position. All applicants
are required to provide proof of age.
IJsland
01-10-2001
With regard to Article 3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on the Involvment of Children in Armed Conflict, the Republic of Iceland declares that it has no national armed forces, and hence, a minum age for recruitment is not applicable in the case of the Republic of Iceland.
India
30-11-2005
Pursuant to article 3 (2) of the Optional Protocol to the Convention on the Rights
of the Child on the involvement of Children in Armed Conflict, the Government of the
Republic of India declare that:
(i) The minimum age for recruitment of prospective recruits into Armed Forces of India
(Army, Air Force and Navy) is 16 years. After enrollment and requisite training period,
the attested Armed Forces personnel is sent to the operational area only after he
attains 18 years of age;
(ii) The recruitment into the Armed Forces of India is purely voluntary and conducted
through open rally system/open competitive examinations. There is no forced or coerced
recruitment into the Armed Forces.
Indonesië
24-09-2012
The minimum age for voluntary recruitment into the Indonesian National Armed Forces is 18 years old. Further, Article 28, paragraph (1) d, of the Law Number 34 Year 2004 on the Indonesian National Armed Forces regulates that at the time of inauguration as a soldier, he/she shall be 18 (eighteen) years old at the minimum. The recruitment of the member of the Indonesian National Armed Forces is genuinely voluntary. It is conducted openly and the public announcement is carried out by utilizing various means of communication and information technology. The recruitment requires, among others, birth certificate and proof of consent of parents or legal guardians, including for those who have aged 18 years.
Irak
24-06-2008
Pursuant to article 3, paragraph 2, the Government of the Republic of Iraq:
(a) Declares that the minimum age at which it permits voluntary recruitment into its
national armed forces is 18 years;
(b) Sets forth below a description of the safeguards it has adopted to ensure that
such recruitment is not forced or coerced:
- Such recruitment must be genuinely voluntary;
- Volunteers must present reliable proof of age prior to acceptance into the national
armed forces.
Israël
18-07-2005
The Government of the State of Israel declares pursuant to article 3 (2) of the Optional
Protocol on the Rights of the Child on the Involvement of Children in Armed Conflict
that:
(a) The minimum age in which the State of Israel permits voluntary recruitment into
its armed forces is 17 years of age, according to article 14 of the defense service
law (consolidated version) 5746-1986;
(b) The Government of the State of Israel maintains the following safeguards in respect
of voluntary recruitment into the armed forces so as to ensure that such recruitment
is not forced or coerced:
1. In accordance with section 14 of the defense service law (consolidated version)
5746-1986, no person under 18 years of age may enlist in the Israeli armed forces
without a written application submitted by the person and the written consent of the
person's parents or legal guardian; however, should there be an appreciable difficulty
in contacting one of the parents, the written consent of the other parent is sufficient;
2. Clear and precise explanation of the nature of the duties involved in military
service is provided to both the person and the person's parents or legal guardian;
3. Prior to acceptance of any person into the Israeli armed forces a reliable proof
of age is obtained through the Ministry of the Interior's official national population
registry.
4. The IDF has several long-term programs in which participants may engage in academic
or rabbinic studies or perform volunteer work, prior to the commencement of their
actual military service. Enrollment in these programs is open to participants from
the age of 17.5. For administrative purposes, these participants undergo a one-day
administrative induction into the armed forces. Following their administrative induction,
these participants are released from active service and enroll in their chosen program.
5. Persons under 18 years of age, who enlist in one of the aforementioned ways, may
in no case be posted to combat duty.
16-05-2014
The Permanent Mission of Israel to the United Nations presents its compliments to
the Secretary-General of the United Nations, in his capacity as depositary to the
Optional Protocol to the Convention on the Rights of the Child on the Involvement
of Children in Armed Conflict, and refers to the communication by the depositary,
dated 9 April 2014, regarding the Palestinian request to accede to this Protocol (Reference
number C.N.200.2014.TREATlES-IV.11.b).
'Palestine' does not satisfy the criteria for statehood under international law and
lacks the legal capacity to join the aforesaid convention both under general international
law and the terms of bilateral Israeli-Palestinian agreements.
The Government of Israel does not recognize 'Palestine' as a State, and wishes to
place on record, for the sake of clarity, its position that it does not consider 'Palestine'
a party to the Protocol and regards the Palestinian request for accession as being
without legal validity and without effect upon Israel's treaty relations under the
Protocol.
Italië
09-05-2002
The Government of the Italian Republic declares, in compliance with article 3:
- That Italian legislation on voluntary recruitment provides that a minimum age of
17 years shall be required with respect to requests for early recruitment for compulsory
military service or voluntary recruitment (military duty on a short-term and yearly
basis);
- That the legislation in force guarantees the application, at the time of voluntary
recruitment, of the provisions of article 3, paragraph 3, of the Protocol, inter alia,
as regards the requirement of the consent of the parent or guardian of the recruit.
Ivoorkust
12-03-2012
1. The minimum age for voluntary recruitment in the national armed forces is 18 years.
Recruitment is always voluntary, it is not coerced. No person may join the armed forces
unless he or she meets the age requirement, in accordance with Article 2 of Act No.
95-695 of 7 September 1995 establishing the Code of Military Service.
2. A person may become a soldier through recruitment, or on the basis of qualifications
or competitive examinations, in accordance with Article 59 of Act No. 95-695 of 7
September 1995 on the Code of Military Service. The presentation of documentary evidence
of age is required prior to acceptance in the national armed forces (national identity
card, birth certificate etc.). Furthermore, admission to recruitment examinations
is subject to medical clearance.
3. The Code of Military Service guarantees rights to those who have chosen a military
career or are carrying out their national military service in keeping with the particular
constraints that service imposes. It defines the general status of military personnel
and their pension system.
4. Military service of a maximum of eighteen (18) months of active service is a civic
obligation for all nationals of Côte d'Ivoire of both sexes.
(a) Ivorians of both sexes must fulfil national service obligations once they reach
the age of 18; service may be postponed until the age of 30.
(b) Students enrolled in higher education may defer or be exempted from military service.
Articles 81, 82, 83 and 88 of Act No. 95-695 of 7 September 1995 on the Code of Military
Service.
5. It should be noted that article 3 of the Optional Protocol does not apply to military
schools, such as the Military Academy in Bingerville (EMPT), since the obligation
to raise the minimum age for voluntary recruitment, as laid out in article 3, paragraph
1, does not concern educational institutions run by the armed forces of States Parties,
in accordance with articles 28 and 29 of the Convention on the Rights of the Child.
Jamaica
09-05-2002
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, Jamaica hereby declares
that:
1. The Jamaica Defence Force permits voluntary recruitment and enlistment at the minimum
age of 18 years.
2. The Jamaica Defence Force has adopted the following safeguards, under the 1962
Defence (Regular Force Enlistment And Service Regulations) Act, to ensure that recruitment
of personnel under the age of 18 is not forced or coerced;
(a) All recruitment to the Jamaica Defence Force is voluntary. If an individual wishes
to enter the Jamaica Defence Force, he or she completes the relevant application (Notice
Paper) form in accordance with Section 5 of the Act;
(b) The applicant is given the notice paper with the condition and warning that if
he knowingly makes a false attestation, he is liable to be punished;
(c) The recruiting officer shall satisfy himself that the person offering to enlist
is, or as the case may be, is not, over the age of eighteen years;
(d) The recruiting officer shall read or cause to be read to the person the questions
set out in the attestation paper and shall ensure that the answers are duly recorded
thereon;
(e) Written parental consent is required for applicants who have attained the age
of 171/2 years. Persons in this category are not permitted to graduate as trained
soldiers from training institutions, until they have attained the age of eighteen
(18) years.
3. Personnel must provide reliable proof of age prior to acceptance into national
military service, in the form of a legally recognized document, that is, an original
or a certified copy of their birth certificate.
If the Jamaica Defence Force offers a particular position to the candidate, he or
she is not compelled to accept the position.
Japan
01-04-2010
The Government of Japan, by relevant laws and regulations, recruits only those who are at and above the minimum age of 18 as a member of the Japan Self-Defense Forces.
Jemen
02-03-2007
In accordance with article 3, paragraph 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 its commitment to retaining 18 years as the minimum age for voluntary recruitment into the Yemeni armed forces, as well as to retaining the ban on the compulsory or voluntary recruitment of any person under 18 years of age.
Jordanië
23-05-2007
I, Abdul Ilah Khatib, Minister for Foreign Affairs of the Hashemite Kingdom of Jordan,
by the powers vested in me, with respect to Jordan's ratification of the Optional
Protocol to the Convention on the Rights of the Child on the Involvement of Children
in Armed Conflict, and in accordance with article 3, paragraph 2, thereof providing
for the deposit of a binding declaration on the minimum age for voluntary enlistment
into the national armed forces and safeguards ensuring that such recruitment is not
forced or coerced, do hereby declare the following:
(1) The minimum age for mandatory conscription into the Jordanian Armed Forces is
18 years, in accordance with article 3, paragraph (a), of the Military Service Act
(No. 23 of 1986) and amendments thereto.
(2) The minimum age for voluntary enlistment is 16 years, in accordance with article
5, paragraph (b), of the Service of Individuals in the Armed Forces Act (No. 2 of
1972) and amendments thereto.
(3) The minimum age for voluntary enlistment at the rank of officer is 17 years, in
accordance with article 13, paragraph 2 (b), of the Officer Service Act (No. 35 of
1966).
(4) The safeguards adopted by the Armed Forces to ensure that there is no forced or
coerced recruitment of persons under the age of 18 are as follows:
Presentation of documentary evidence of age is required prior to acceptance of any
person into military service. A birth certificate is relied on as an official document
for determining the age of a recruit.
Those wishing to enlist voluntarily are informed clearly and in detail of the duties
entailed by military service.
Voluntary enlistment takes place with the permission of the parents or legal guardians
of the recruits.
Kaapverdië
10-05-2002
[The Republic of Cape Verde] declare[s] on behalf of the Cape Verdean Government,
that the minimum age for special voluntary recruitment into the Cape Verdean armed
forces is 17 years in accordance with article 31 of Legislative Decree No. 6/93 of
24 May 1993, published in official gazette No.18, series I.
Moreover, Decree-Law No. 37/96 of 30 September 1986, published in official gazette
No. 32, series I, which governs the provisions contained in the above-mentioned Legislative
Decree, states the following in its article 60:
Special recruitment ... shall apply to citizens, who of their own freely expressed
will, decide to enter military service subject to meeting the following requirements:
(a) They must have attained the minimum age of 17 years;
(b) They must have the consent of their parents or legal guardians;
(c) They must be mentally and physically fit for military service.
Article 17 of Legislative Decree No. 6/93 and articles 29 and 63 of Decree-Law No.
37/96 provide that persons to be enrolled must be fully informed through appropriate
documentation prepared by the high command of the armed forces about the duties involved
in national military service.
Under article 28 of that Decree-Law, all volunteers shall provide, prior to enlistment
and as reliable proof of identity, their national identity card or passport.
While article 8 of Legislative Decree No. 6/93 provides that in war time the minimum/maximum
age for recruitment may be amended, the fact that Cape Verde is bound by the Convention
on the Rights of the Child and is becoming a party to the Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed conflict,
means that in no case shall the minimum age for recruitment be lower than 17 years.
Indeed, article 12, paragraph 4, of the Constitution provides that the norms and principles
of general international law and international treaty law duly approved or ratified
shall take precedence, after their entry into force in the international and domestic
legal system, over all domestic municipal legislative or normative acts under the
Constitution.
Kameroen
04-02-2013
Pursuant to article 3 (2) of the Optional Protocol to the Convention on the Rights
of the Child on the involvement of children in armed conflict, the Government of Cameroon
declares the following:
1. There is no conscription in Cameroon. Recruitment into the defence forces is voluntary,
and forced military service does not exist.
The minimum age for entry into the defence forces and national service is eighteen
(18) years, pursuant to article 2 of Decree No. 2001/187 of 25 July 2001, which establishes
the conditions for recruitment and admission to officer training schools; article
12 of Decree No. 2001/190 of 25 July 2001 on the specific status of defence force
personnel below the rank of officer; and article 30 of Law No. 67/LF/9 of 12 June
1967 on the general organization of defence.
2. The following measures have been taken as additional safeguards:
a) Recruitment is widely publicized in the media;
b) Prior to admission to military service, reliable proof of age is required of all
candidates, i.e., a certified copy of the candidate's birth certificate no more than
three (3) months old;
c) Candidates who are not eighteen (18) years of age or older must provide the written,
informed consent of a parent or legal guardian;
d) A background check is conducted to confirm the accuracy of the information provided
by the candidate;
e) Candidates undergo a medical fitness examination;
f) During training, members of the defence forces are fully informed of the duties
associated with military service;
g) The defence forces provide the public with regular information on the duties associated
with military service, through radio and television broadcasts as well in the print
media.
Kazachstan
10-04-2003
Pursuant to article 3, paragraph 2, of the Optional Protocol to the Convention on
the Rights of the Child on Involvement of Children in Armed Conflicts, the Republic
of Kazakhstan hereby declares:
In accordance with the Military Service on Contract Basis Act No. 167-II 3PK of March
20, 2001:
1. Military Service on Contract Basis grounded on the principles of legitimacy, voluntary
recruitment, professionalism and competency, social security and protection of rights
of military servants.
2. Every military servant is entitled in full equality in his or her rights. No one
shall be limited in his or her rights or attain any advantages realising the rights
with regard to sex, age, race, nationality, language, religion, official capacity
and social status.
3. Article 17, paragraph 1 permits voluntary recruitment at the minimum age of 19.
4. According to the article 14, paragraph 1 a contract should obligatory include description
of the identification document, number and date of issue of the document, number of
social individual code and tax-payer's registration number.
Kenia
28-01-2002
The Government of the Republic of Kenya declares that the minimum age for the recruitment
of persons into the armed forces is by law set at eighteen years. Recruitment is entirely
and genuinely voluntary and is carried out with the full informed consent of the persons
being recruited. There is no conscription in Kenya.
The Government of the Republic of Kenya reserves the right at any time by means of
a notification addressed to the Secretary-General of the United Nations, to add, amend
or strengthen the present declaration. Such notifications shall take effect from the
date of their receipt by the Secretary General of the United Nations.
Kirgizië
13-08-2003
In accordance with the Article 3, paragraph 2 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, adopted in New York, 25 May 2000, I have the honour to declare that in the Kyrgyz Republic the minimum age for recruitment of its citizens (men) to an active military service is limited by the age of 18 years (Article 10 of the Law of the Kyrgyz Republic "On the general military service of citizens of the Kyrgyz Republic").
Koeweit
26-08-2004
... the Government of the State of Kuwait is committed to maintaining the mininum age for voluntary service in the Kuwaiti armed forces at 18 years of age, and to prohibiting the forced conscription of any persons under the age of 18, pursuant to article 3, paragraph 2 of the aforementioned Protocol.
Kroatië
01-11-2002
... The Republic of Croatia makes the following declaration in relation to Article
3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child
on the Involvement of Children in Armed Conflicts:
Related to Article 3, paragraph 2 of the Optional Protocol to the Convention on the
Rights of the Child on the Involvement of Children in Armed Conflicts, the Republic
of Croatia states that Croatian legislation prevents persons under 18 from joining
the Armed Forces of the Republic of Croatia.
In order to ensure that persons under 18 do not join its Armed Forces, the Republic
of Croatia has made the following provisions:
- It has been stipulated by law that military service consists of duty to register
as a recruit, to enter military service (conscription), and to serve in the reserves
in the Armed Forces of the Republic of Croatia;
- The duty to register as a recruit arises in the calendar year in which a person
turns 18, and remains until the person enters military service (conscription) or service
in civilian life i.e. until the person is transferred to the reserves or until military
service ceases pursuant to the provisions of the Defence Act. The process of recruitment
includes registration in the military records, medical and other examinations, psychological
tests and recruitment itself. It is a preliminary procedure required in order to determine
whether a person is eligible for military service. The status of the recruit remains
valid until entering military service (conscription) to which, according to the law,
a recruit may not be sent before reaching the age of 18;
- Eligible recruits are sent to do their military service (conscription) after they
come of age (turn 18), normally in the calendar year in which they turn 19, thereby
becoming conscripts. Recruits are not part of the Armed Forces of the Republic of
Croatia; conscripts make one component of the Armed Forces of the Republic of Croatia.
Laos
20-09-2006
In accordance with the Law of the Lao People's Democratic Republic, the minimum age at which it will permit voluntary recruitment into its national armed forces is 18 (eighteen). The law on obligations of national defense service stipulates in Article 13 that 'all young men of Lao nationality between 18 (eighteen) and 28 (twenty-eight) years of age, having good health conditions, shall be obliged to serve for a short-term in national defense forces. In case of necessity, young women between 18 (eighteen) and 23 (twenty-three) years of age may also be called upon to serve for a short-term in national defense; and in Article 7 that following health check-up, there shall be a selection process at a district level to select voluntary recruits, with good health, into short-term defense services, according to the recruitment number officially set forth on a yearly basis.'
Lesotho
24-09-2003
In response to article 3 (2) of the Optional Protocol, in accordance with the Lesotho
Defence Force Act of 1996, section 18 thereof, the minimum age at which the Government
of Lesotho permits voluntary recruitment into the national armed forces is when the
interested person has already attained the age of 18.
Such recruitment is voluntary as would be recruits submit applications for advertised
vacancies in the armed forces.
Letland
19-12-2005
1) according to the Article 17 paragraph 1 of the Mandatory Military Service Law adopted
by the Parliament of the Republic of Latvia on 19th day of February 1997 citizens
from the age of 19 years to the age of 27 years shall be liable for mandatory active
military service;
2) according to the Article 17 paragraph 2 of the Mandatory Military Service Law male
and female persons from the age of 18 years to the age of 27 years may enlist voluntarily
for mandatory active military service.
Libië
29-10-2004
....the required legal age for volunteering to serve in the armed forces of the Great Socialist People's Libyan Arab Jamahiriya, according to the national legislation thereof, is eighteen years.
Liechtenstein
04-02-2005
The Principality of Liechtenstein declares that, with respect to the Principality of Liechtenstein, articles 1 and 2 as well as article 3, in particular paragraph 2, of the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child of 20 November 1989 on the involvement of children in armed conflict have to be understood in light of the fact that the Principality of Liechtenstein has no national armed forces and that hence no legislation on a minimum age for the recruitment of persons into the armed forces and for taking part in hostilities exists. The Principality of Liechtenstein regards the ratification of the Optional Protocol as part of its continuing commitment to the protection of the rights of children and at the same time as an act of its solidarity with the objectives of the said Protocol.
Litouwen
20-02-2003
... the Republic of Lithuania declares that under Republic of Lithuania law the citizens of the Republic of Lithuania under the age of 18 years may not serve in the national armed forces: the minimum age of citizens of the Republic of Lithuania for voluntary recruitment into the active military service is 18 years, and the minimum age of citizens of the Republic of Lithuania for enlisting into the mandatory military service must be 19 years. Compulsory recruitment of children under the age of 18 years into the national armed forces shall involve liability under law of the Republic of Lithuania.
Luxemburg
25-01-2013
The Government of the Grand Duchy of Luxembourg declares, in accordance with article 3 of the Protocol, that by law the minimum age for voluntary recruitment into the Armed Forces of Luxembourg is 18 years of age.
Madagaskar
22-09-2004
Pursuant to article 11 of Edict No. 78-002 of 16 February 1978 on the general principles
governing National Service, young men and women aged 18 years or more may request
to be recruited into the Armed Forces or outside the Armed Forces before young men
and women of their age-group. Any citizen may, from the age of 18 onwards, enlist
in the Armed Forces for an indefinite period.
In order to preserve his or her contractual liberty, the person requesting voluntary
enlistment shall submit a request approved by his or her parents or legal guardian.
Offences against the requirements of these provisions shall be prosecuted and penalized
under the Code of Justice on National Service or the Penal Code.
Malawi
21-09-2010
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 Conflicts (hereinafter
referred to as ‘the Protocol’),
the Republic of Malawi declares that:
1. the Minimum age for recruitment for employment in the Defence Force of Malawi is
eighteen (18) years. By Virtue of Section 19 (2) of the Defence Force Act of the Laws
of Malawi (Number 11 of 2004), which applies Article 3 of the Protocol, a recruiting
officer is prohibited from enlisting a person under the age of eighteen (18) years,
or over the age of 24 years, into the Defence Force of Malawi;
2. the Protocol is applied by the Republic of Malawi in all areas where an officer
of the Defence Force of Malawi is employed and is working;
3. recruitment into the Defence Force of Malawi is genuinely voluntary;
4. recruitment into the Defence Force of Malawi is carried out with the informed consent
of each person’s parents or legal guardians;
5. all persons interested to join the Defence Force of Malawi are fully informed of
the duties
involved in such military service; and
6. all persons interested to join the Defence Force of Malawi provide reliable proof
of age prior to acceptance into national military service.
Malediven
29-12-2004
1. The Minimum age at which the Maldives permits recruitment to its National Security
Service and its Police Service is 18 years.
2. Any individual who wishes to enter the National Security Service and the Police
Service has to apply for it in writing.
3. All applicants are required to present proof of birth date.
4. All applicants short listed for recruitment are carefully screened for medical
fitness.
Maleisië
12-04-2012
Pursuant to article 3 paragraph 2 of the said Optional Protocol, the Government of Malaysia declares that the minimum age for a person to voluntarily enlist in its armed forces is at the age of seventeen and a half years. This enlistment shall be realised on the basis of deliberative consent of parents or guardians, upon the provision of full information regarding the general conditions of the engagement to be entered, and the production of a certified copy of an entry in the register of births verifying the enlistee's age.
Mali
16-05-2002
In accordance with article 3, paragraph 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 Mali declares that the minimum age for voluntary recruitment into
the national armed forces is 18 years of age or older. No boy or girl under 18 years
of age may be recruited or be allowed to be recruited, even on a voluntary basis,
or be enrolled as a member of the national armed forces.
The Government of Mali is fully committed to this declaration and pledges to impose
on anyone who violates such provision a penalty commensurate with the seriousness
of the offence as provided for under its criminal law.
Children who are unlawfully recruited into the armed forces may, depending on their
individual circumstances, receive support for their economic and social rehabilitation
and reintegration.
Malta
09-05-2002
Under the Malta Armed Forces Act (Chapter 220 of the Laws of Malta), enacted in 1970,
enlistment in the Armed Forces of Malta shall be made on a voluntary basis and no
person under the age of seventeen years and six months may be so enlisted. A person
under 18 years may not be enlisted unless consent to the enlistment is given in writing
by the father of such person or, if such person is not subject to paternal authority,
by the mother or by an other person in whose care the person offering to enlist may
be. In any case, the term of engagement of a person enlisting under the age of 18
expires on reaching 18 years of age and enlistment has to be renewed. It is a mandatory
condition for enlistment of potential recruits to produce a birth certificate from
the national Civil Status Office to attest their age.
The Malta Armed Forces Act also provides that any person of whatever age offering
to enlist in the regular force shall, before enlistment, be given a notice on the
prescribed form stating the general conditions of engagement and the recruiting officer
shall not enlist any person in the regular force unless satisfied that the potential
recruit has been given such notice, understood its contents and wishes to be enlisted.
In practice the Armed Forces of Malta do not recruit and have not since 1970 recruited
persons under the age of 18 years. The Government of Malta further declares that if
in future recruitment of persons under 18 years were made such members of the armed
forces will not take part in hostilities.
Regulations under the Malta Armed Forces Act provide for a Junior Leaders Scheme whereby
persons under the age of seventeen and six months could be recruited for training
but in a non-combatant position, but in effect no such recruitment has taken place
since 1970.
Marokko
22-05-2002
Pursuant to paragraph 2 of the article concerning the involvement of children in armed conflicts, the Kingdom of Morocco declares that the minimum age required by national law for voluntary recruitment in the armed forces is 18 years.
Mauritius
12-02-2009
The Government of the Republic of Mauritius 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 the minimum age for voluntary recruitment of persons into its paramilitary force is 18 years.
Mexico
15-03-2002
In accordance with article 3, paragraph 2 of the Optional Protocol, the United Mexican
States declares:
(i) That the minimum age for voluntary recruitment of its nationals into the armed
forces is 18 years;
(ii) That article 24 of the Military Service Act provides that only volunteers will
be accepted into the armed forces for active service until the figure set annually
by the Ministry of Defence has been met and provided that the following conditions
are fulfilled:
I. They must submit an application;
II. They must be Mexican nationals who are over 18 but not over 30, and must be under
40 in the case of personnel enlisted as specialists in the army;
Those over 16 and under 18 shall be accepted into signals units for training as technicians
under contracts with the State not exceeding five years in duration. Moreover, under
article 25 of the Military Service Act, only the following persons may be accepted
for early enlistment in the armed forces:
I. Those who wish to leave the country at the time when they would be required by
law to undertake military service if they are over 16 at the time of requesting enlistment;
II. Those who are obliged to request early enlistment because of their studies.
The maximum number of individuals who may be allowed to enlist early shall be set
every year by the Ministry of Defence; and
...
Micronesia
26-10-2015
With regards to Article 3, paragraph 2, of the Optional Protocol, the Government of the Federated States of Micronesia declares that it currently has no national armed forces, and thus, a minimum age requirement for recruitment into its national armed forces is not applicable in the case of the Federated States of Micronesia. Similarly, it is not necessary for the Government of the Federated States of Micronesia to describe the safeguards that it has adopted to prevent any coerced recruitment of children into its armed forces.
Moldavië
07-04-2004
In accordance with article 3 paragraph 2 of the Protocol, the Republic of Moldova declares that the minimum age for recruitment into conscript military service in the Republic of Moldova is 18 years.
Monaco
13-11-2001
The Principality of Monaco declares, in accordance with article 3, paragraph 2, of
the Optional Protocol to the Convention on the Rights of the Child on the involvement
of children in armed conflict, that it is bound by the Franco-Monaguesque Treaty of
17 July 1918 and that the French Republic thereby ensures the defence of the territorial
integrity of the Principality of Monaco.
The only bodies having military status in the Principality are the Prince's Guard
and the Fire Brigade. In accordance with the provisions of Sovereign Ordinance No.
8017 of 1 June 1984 relating to the Police Code, members of the Guard and the Fire
Brigade must be at least 21 years of age.
Mongolië
06-10-2004
Under the relevant law of Mongolia the minimum age for recruitment into military service is 18 years. Mongolian male citizens of 18 to 25 years have the duty to fulfill a military service. Men of 18 to 25 years who have not fulfilled their military service for the reasons of their religious faith or moral belief may fulfill an alternative service for a period of 24 to 27 months with rescue or professional units or divisions of the General Department on Disaster Management, assisting forces of the Border Troops or other humanitarian organizations.
Montenegro
02-05-2007
The Republic of Montenegro hereby declares that in accordance with article 3, paragraph 2, the Government of the Republic of Montenegro does not impose mandatory military service. The minimum age at which Montenegro will permit voluntary recruitment into its national armed forces shall be 18 years. This provision is already prescribed in the Bill on Defence and Bill on the Army of the Republic of Montenegro, which are currently in the procedure in the Montenegrin Government.
05-02-2020
Modification of declaration under Article 3 (2) 1
Montenegro does not impose mandatory military service. The minimum age at which Montenegro
will permit voluntary recruitment into Montenegro Armed Forces is 18 years. Military
obligation for Montenegrin citizens starts from the age of 18 and ends at the end
of the year in which they turn 60 years. They could be called to perform military
service in time of peace and in case of state of war or state of emergency. This obligation
is prescribed by the Law on Defence (‘Official Gazette of Montenegro’, N° 46/19) and
the Law on the Armed Forces (‘Official Gazette of Montenegro’, N° 34/2019).
Mozambique
19-10-2004
.....in accordance with the Mozambican legislation, the minimum age for enlistment
into its national armed forces is 18 years,
The Republic of Mozambique declares, also that according to the law, the incorporation
starts at the age of 20.
The Republic of Mozambique, furthermore declares that in case of war the age for the
military service can be modified.
Myanmar
27-09-2019
With reference to Article 3 (2) of the Optional Protocol, the Government of the Republic
of the Union of Myanmar declares that citizens may freely present themselves for voluntary
military service provided they have attained a minimum age of 18 years, whereas citizens
above 16 and under 18 years of age may voluntarily join military academies and military
vocational training courses, if furnished with the proof of their age and the prior
written consent of their parents or guardians.
Interpretative declaration
With reference to Article 4 of the Optional Protocol, the Government of the Republic
of the Union of Myanmar considers that any responsibility deriving from recruitment
of children under 18 years of age or their use in hostilities by non-state armed groups
lies solely with such groups. In the prevention of underage military recruitment,
the Government would collaborate with the ethnic armed groups which have signed the
NCA (Nationwide Ceasefire Agreement). The latter shall also have a duty to apply at
all times the principles governing international humanitarian law.
Bezwaar Duitsland, 21-09-2020
[…] and has the honor to inform the Secretary-General, in his capacity as depositary
of the Optional Protocol of May 25, 2000 to the Convention on the Rights of the Child
on the Involvement of Children in Armed Conflict (hereinafter "the Optional Protocol"),
that the Government of the Federal Republic of Germany has carefully examined the
interpretative declaration made by the Republic of the Union of Myanmar upon ratification
of the Optional Protocol on September 27, 2019.
1) Objection
By maintaining that any responsibility deriving from recruitment of children under
18 years of age or their use in hostilities by non-state armed groups lies solely
with such groups, the Republic of the Union of Myanmar, in its declaration, purports
to modify the legal effect of Article 4(2) and Article 6 of the Optional Protocol
in their application to the Republic of the Union of Myanmar. The Federal Government
therefore qualifies the first sentence of this interpretative declaration as a reservation
under Article 2(1)(d) of the Vienna Convention on the Law of Treaties.
In accordance with Article 4(2) of the Optional Protocol, States Parties shall take
all feasible measures to prevent the recruitment and use of persons below the age
of 18 years in hostilities, including the adoption of legal measures necessary to
prohibit and criminalize such practices.
Under Article 6 of the Optional Protocol, each State Party shall take all necessary
legal, administrative and other measures to ensure the effective implementation and
enforcement of the provisions of the present Protocol within its jurisdiction. The
States Parties undertake to make the principles and provisions of the present Protocol
widely known and promoted by appropriate means, to adults and children alike. They
shall take all feasible measures to ensure that persons within their jurisdiction
recruited or used in hostilities contrary to the present Protocol are demobilized
or otherwise released from service. States Parties shall, when necessary, accord to
such persons all appropriate assistance for their physical and psychological recovery
and their social reintegration.
It is incompatible with the object and purpose of Article 4(2) and Article 6 of the
Optional Protocol to assign any responsibility arising from the recruitment of children
under the age of 18 or their use in hostilities by non-state armed groups solely to
those groups.
The Government of the Federal Republic of Germany recalls that, according to customary
international law as codified in the Vienna Convention on the Law of Treaties, reservations
that are incompatible with the object and purpose of a convention are not permissible.
The Government of the Federal Republic of Germany therefore objects to the above-mentioned
reservation by the Republic of the Union of Myanmar to the Optional Protocol. This
objection shall not preclude the entry into force of the Optional Protocol between
the Federal Republic of Germany and the Republic of the Union of Myanmar in its entirety.
The Optional Protocol will thus become operative between the two States without the
Republic of the Union of Myanmar benefitting from the aforementioned reservation.
2) Declaration
The Government of the Federal Republic of Germany understands the second and the third
sentence of the interpretive declaration made by the Government of the Republic of
the Union of Myanmar to mean that all ethnic armed groups in the Republic of the Union
of Myanmar also have a duty to apply at all times the principles governing international
humanitarian law.
Bezwaar Nederlanden, het Koninkrijk der, 23-09-2020
The Government of the Kingdom of the Netherlands has carefully examined the interpretative
declaration made by the Government of the Republic of the Union of Myanmar upon ratification
of the Optional Protocol to the Convention on the Rights of the Child on the involvement
of children in armed conflict on 27 September 2019, relating to Article 4 thereof.
The Government of the Kingdom of the Netherlands considers the first sentence of the
interpretative declaration to be contrary to the terms of Article 4, paragraph 2,
of the Optional Protocol, according to which States Parties commit themselves to ‘take
all feasible measures to prevent such recruitment and use, including the adoption
of legal measures necessary to prohibit and criminalize such practices’. This sentence
is also contrary to the terms of Article 6 of the Optional Protocol, according to
which States Parties ‘shall take all necessary legal, administrative and other measures
to ensure the effective implementation and enforcement of the provisions of this Protocol
within its jurisdiction’ as well as ‘all feasible measures to ensure that persons
within their jurisdiction recruited or used in hostilities contrary to this Protocol
are demobilized or otherwise released from service’.
The first sentence of the interpretative declaration made by the Government of the
Republic of the Union of Myanmar implies that Myanmar would not be responsible for
the recruitment of children under 18 years of age or their use in hostilities by non-state
armed groups and that it has no obligation to address such recruitment and use. This
is incompatible with the object and purpose of the Protocol and with Article 4, paragraph
2, and Article 6 thereof.
The Government of the Kingdom of the Netherlands therefore objects to the first sentence
of the interpretative declaration of the Government of the Republic of the Union of
Myanmar to the Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict. This objection shall not preclude the entry
into force of the Optional Protocol between the Kingdom of the Netherlands and the
Government of the Republic of the Union of Myanmar.
The Government of the Kingdom of the Netherlands further understands the last sentence
of the interpretative declaration made by the Government of the Republic of the Union
of Myanmar to mean that all ethnic armed groups in the Republic of the Union of Myanmar
also have a duty to apply at all times the principles governing international humanitarian
law.
Bezwaar Verenigd Koninkrijk, 25-09-2020
The Government of the United Kingdom has examined the declaration made by the Republic
of the Union of Myanmar, [upon] its [ratification of] the Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed conflict,
which reads:
Declaration
‘With reference to article 4 of the optional protocol, the Government of the Republic
of the Union of Myanmar considers that any responsibility deriving from recruitment
of children under 18 years of age or their use in hostilities by non-state armed groups
lies solely with such groups. In the prevention of underage military recruitment,
the government would collaborate with the ethnic armed groups which have signed the
NCA (Nationwide Ceasefire Agreement). The latter shall also have a duty to apply at
all times the principles governing international humanitarian law’.
The Government of the United Kingdom of Great Britain and Northern Ireland considers
that this declaration seeks to restrict Myanmar’s obligations under Article 4(2) of
the Optional Protocol and amounts to a reservation incompatible with the object and
purpose of the treaty. The Government of the United Kingdom therefore objects to the
aforesaid reservation.
This objection shall not preclude the entry into force of the Optional Protocol between
the United Kingdom of Great Britain and Northern Ireland and the Republic of the Union
of Myanmar.
Bezwaar Portugal, 25-09-2020
The Government of the Portuguese Republic has examined the interpretative declaration
made by the Republic of the Union of Myanmar to Article 4 of the Optional Protocol
to the Convention on the Rights of the Child on the involvement of children in armed
conflict and considers that it amounts to a reservation that seeks to limit the scope
of the [Optional Protocol] on a unilateral basis.
The Government of the Portuguese Republic considers this reservation to be contrary
to the terms of Article 4, paragraph 2, of the Optional Protocol, according to which
State Parties are obligated to take all feasible measures (including the adoption
of legal measures necessary to prohibit and criminalize such practices) to prevent
the recruitment and use in hostilities, by armed groups that are distinct from the
armed forces of a State, of persons under the age of 18 years.
Furthermore, the Government of the Portuguese Republic considers the reservation to
be contrary to Article 6, paragraphs 1 and first part of paragraph 3, of the Optional
Protocol, under which State Parties are obligated to “(...) take all necessary legal,
administrative and other measures to ensure the effective implementation and enforcement
of the provisions of the present Protocol within its jurisdiction” and to “(...) take
all feasible measures to ensure that persons within their jurisdiction recruited or
used in hostilities contrary to the present Protocol are demobilized or otherwise
released from service (...)”.
Moreover, the Government of the Portuguese Republic considers that reservations allowing
a State to limit its responsibilities under the Optional Protocol to the Convention
on the Rights of the Child on the involvement of children in armed conflict by waiving
its responsibility over the recruitment of minors by non-State armed groups raises
doubts as to the commitment of the reserving State to the object and purpose of the
[Optional Protocol], as the reservation is likely to deprive the provisions of the
[Optional Protocol] of their effect and is contrary to the object and purpose thereof.
The Government of the Portuguese Republic recalls that according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the [treaty] shall not be permitted.
Thus, the Government of the Portuguese Republic objects to this reservation.
This objection shall not preclude the entry into force of the Optional Protocol between
the Portuguese Republic and the Republic of the Union of Myanmar.
Bezwaar Roemenië, 27-09-2020
The Government of Romania has examined the interpretative declaration relating to
Article 4 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) made by the
Government of the Republic of the Union of Myanmar at the time of its ratification
of the Optional Protocol.
The Government of Romania considers that the aforementioned interpretative declaration
constitutes in fact a reservation that seeks to limit the scope of Article 4, paragraph
2 and of Article 6, paragraph 3 of the Optional Protocol. Placing any responsibility
deriving from recruitment of children under 18 years of age or their use in hostilities
by non-state army solely with such groups runs counter to the obligation of the Republic
of the Union of Myanmar to take all feasible measures to prevent such recruitment
and use, including the adoption of legal measures necessary to prohibit and criminalize
such practices, as well as to ensure that persons within its jurisdiction recruited
or used in hostilities contrary to the Optional Protocol are demobilized or otherwise
released from service.
Therefore, such a reservation contravenes the object and purpose of the Optional Protocol
centered on the due diligence obligation of States Parties to take all feasible measures
to protect persons under the age of 18 years from taking a direct part in hostilities
and from being compulsorily recruited in their armed forces.
The Government of Romania recalls that, according to customary international law as
codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
Consequently, the Government of Romania objects to the aforementioned interpretative
declaration made by the Government of the Republic of the Union of Myanmar to the
Optional Protocol to the Convention on the Rights of the Child on the Involvement
of Children in Armed Conflict. This objection shall not preclude the entry into force
of the [Optional Protocol] between Romania and the Republic of the Union of Myanmar.
Namibië
16-04-2002
Pursuant to article 3, paragraph 2, of the Optional Protocol to the Convention on
the Rights of the Child on Involvement of Children in Armed Conflicts, Namibia hereby
declares:
1. The Namibian Defence Force permit voluntary recruitment at the minimum age of 18
years.
2. The Namibian Defence Force have adopted the following safeguards to ensure that
recruitment of personnel at the age between 18 and 25 years is not forced or coerced.
(a) Advertisements on the availability of military career opportunities in the Namibian
Defence Force are placed yearly in the local print and broadcast for the purposes
of inviting interested young men and women to apply.
(b) As a standpoint the candidate is not obliged to accept the position if the Namibian
Defence Force offer a particular position.
(c) Military career opportunities may emanate from Infantry, Engineering, Air wing,
Maritime Wing, Communication and Medical Services. The potential recruits undergo
instruction courses to give them an overview of what is expected of them as future
soldiers in respect of military career opportunities stated under paragraph 2 c).
The recruits may select their career paths after training.
(d) To ensure the absence of any possible form of remote or direct coercion the Namibian
Defence Force requires that
i) the potential recruit should not have previous criminal records or convictions
ii) the potential recruits be Namibian Citizens
3. As a standpoint and policy Namibia Defence Force does not allow voluntary recruitment
under the age of 18 years thus:
i) as proof of age requires that the candidates show certified copies of legally recognised
Namibian identity documents as well as birth certificates.
4. All recruitments of personnel in the Namibian Defence Force are voluntary. Namibia
does not practice conscription or any form of forced obligatory service.
Nederlanden, het Koninkrijk der
24-09-2009
... in accordance with Article 3, paragraph 2, of the Protocol, the Government of
the Kingdom of the Netherlands declares that the minimum age at which the legislation
in the Netherlands permits voluntary recruitment into its national Armed Forces for
both soldiers and commissioned or non-commissioned officers, remains eighteen years.
However, persons that have reached the age of seventeen years, may on a strictly voluntary
basis be recruited as military personnel in probation.
The relevant legislation in the Netherlands provides the following safeguards to ensure
that such recruitment of persons under the age of eighteen years is not forced or
coerced:
1. Appointment of such persons under the age of 18 years as a member of the armed
forces in probation is only permitted with written consent of the parents of this
person.
2. When the age of eighteen years has been reached, the member of the armed forces
on probation can only become a regular soldier after having given written consent
to this effect.
Moreover, the Law on Military Personnel 1931 ensures that a person under the age of
eighteen years will not participate in an armed conflict, providing in particular
that members of the armed forces on probation will not be tasked with peacekeeping
or humanitarian missions, or any other form of armed service.
The above does not apply to Curaçao, Sint Maarten, the Caribbean part of the Netherlands
(the islands of Bonaire, Sint Eustatius and Saba) and Aruba. The relevant legislation
in Curaçao, Sint Maarten, the Caribbean part of the Netherlands (the islands of Bonaire,
Sint Eustatius and Saba) and in Aruba sets the minimum age for joining the military
service and other armed forces at 18 years. Furthermore, voluntary recruitment does
not exist in Curaçao, Sint Maarten, the Caribbean part of the Netherlands (the islands
of Bonaire, Sint Eustatius and Saba) and Aruba.
Nepal
03-01-2007
(1) The minimum age for recruitment in the Nepal Army and the Armed Police Force shall
be 18 years.
(2) The recruitment in the Nepal Army and the Armed Police Force shall be voluntary
and shall be conducted through open competition.
Nicaragua
17-03-2005
In accordance with the requirements currently in force, young persons of both sexes
wishing to enter the Nicaraguan armed forces must:
1. Be between 18 and 21 years of age. Young persons choosing a military career must
submit a notarized authorization from their parents or guardians in order to prevent
recruitment by force or coercion;
2. Be Nicaraguan nationals;
3. Be physically and mentally fit;
4. Be unmarried and without children;
5. Not be subject to criminal proceedings and not have been convicted by the country's
jurisdictional bodies;
6. Consent voluntarily and freely to join the Nicaraguan army.
Nieuw-Zeeland
12-11-2001
The Government of New Zealand declares that the minimum age at which New Zealand will
permit voluntary recruitment into its national armed forces shall be 17 years. The
Government of New Zealand further declares that the safeguards which it has adopted
to ensure that such recruitment is not forced or coerced include the following:
(a) Defence Force recruitment procedures requiring that persons responsible for recruitment
ensure that such recruitment is genuinely voluntary;
(b) legislative requirements that the consent of parent or guardian is obtained for
enlistment where such consent is necessary under NZ law. The parent or guardian must
also acknowledge that the person enlisting will be liable for active service after
reaching the age of 18 years;
(c) a detailed and informative enlistment process, which ensures that all persons
are fully informed of the duties involved in military service prior to taking an oath
of allegiance; and
(d) a recruiting procedure, which requires enlistees to produce their birth certificate
as reliable proof of age.
... consistent with the constitutional status of Tokelau and taking into account the
commitment of the Government of New Zealand to the development of self-government
for Tokelau through an act of self-determination under the Charter of the United Nations,
this acceptance shall not extend to Tokelau unless and until a Declaration to this
effect is lodged by the Government of New Zealand with the Depositary on the basis
of appropriate consultation with that territory.
Niger
13-03-2012
With reference to article 3 of the Optional Protocol to the Convention on the Rights
of the Child on the involvement of children in armed conflict, the Government of the
Republic of the Niger declares that the minimum age at which it permits voluntary
recruitment into the Niger armed forces and national gendarmerie is 18 years, in accordance
with Act No. 62-10 of 16 March 1962 on the organization of recruitment in the Republic
of the Niger.
The Government of the Republic of the Niger further indicates below the safeguards
it has put
in place to ensure that recruitment is never forced or coerced:
(a) The recruitment procedure for the Niger armed forces and national gendarmerie
is initiated through a newspaper and national media advertisement for young men and
women;
(b) The recruitment file includes, as the case may be, a birth certificate and a certificate
of school attendance and/or apprenticeship;
(c) Induction for the young recruits takes place in public, at a sports field or similar
setting;
(d) All recruits undergo a thorough medical examination.
Nigeria
25-09-2012
(A) The minimum age at which Nigeria permits voluntary recruitment into her National
Armed Forces is eighteen years of age;
(B) The Federal Republic of Nigeria has established safeguards to ensure that such
recruitment is not forced or coerced, including a requirement in Part III, Section
34(1) of the Child's Rights Act, 2003, which stipulates that no child shall be recruited
into any of the branches of the Armed Forces of the Federal Republic of Nigeria;
(C) Part III, Section 34(2) of the Child's Rights Act, 2003 states that the Government
or any other relevant agency or body shall ensure that no child is directly involved
in any military operation or hostilities;
(D) Part XXIV 277 of the Child's Rights Act, 2003 states that a child is a person
under the age of eighteen years.
Noord-Macedonië
12-01-2004
Related to Article 3, paragraph 2 of the Optional Protocol to the Convention on the
Rights of the Child on the Involvement of Children in Armed Conflicts the Republic
of Macedonia states that under the Macedonian legislation there are no possibilities,
neither on obligatory or voluntary grounds, to direct any person younger than 18 years
of age to military service, i.e. there is no opportunity to violate the right to a
special protection of persons of less than 18 years of age. In order to ensure that
persons under 18 do not join its Armed Forces, the Republic of Macedonia has made
the following provision:
Article 62 of the Law on Defense of the Republic of Macedonia sets forth that draftees
shall be directed to military service after attaining 19 years of age. The draftee
who requests to be drafted for military service shall be directed to military service
after three months from the day of submission of the application, if he/she has attained
18 years of age.
Noorwegen
23-09-2003
Pursuant to Article 3, second paragraph, of the Protocol, the Government of the Kingdom of Norway declares that the minimum age for voluntary recruitment to the armed forces is 18 years.
Oekraïne
11-07-2005
Ukraine confirms its obligations taken under Article 38 of the Convention on the Rights
of the Child in case of the armed conflicts which concern children and, referring
to paragraph 2 of Article 3 of the Optional Protocol, declares hereby that the minimum
age for the voluntary (on a contractual basis) joining into its national armed forces
is 19 years.
Ukraine, in accordance with the provisions of its national legislation, guarantees
its adherence to the exclusive principle of voluntarism in the process of recruitment
of citizens into its armed forces on a contractual basis, without any manifestation
of violence and enforcement.
Oezbekistan
23-12-2008
To paragraph 2 of article 3 of the Optional Protocol : the Republic of Uzbekistan declares that, according to the Law of the Republic of Uzbekistan "On general military duty and military service" adopted on 12 December 2002 enrollment of citizens to the Armed Forces of the Republic of Uzbekistan shall be allowed only after attainment by them of eighteen years of age.
Oman
17-09-2004
..... subject to the Sultanate's reservations to the Convention on the Rights of the
Child.
..... the minimum legal age for enlistment in the Ministry of Defence and the Sultan's
armed forces is eighteen years; that a birth certificate or a certificate of ascertainment
of age from the competent governmental authorities constitutes the precautionary measure
for ensuring compliance with that requirement; and that enlistment is optional, not
compulsory.
Bezwaar Verenigd Koninkrijk, 17-08-2005
The Government of the United Kingdom have examined the reservations made by the Government
of the Sultanate of Oman to 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)
on 17 September 2004 in respect of Islamic and domestic law and of limits imposed
by the material resources available.
The Government of the United Kingdom consider that Oman's reservations do not clearly
define for the other States Parties to the Convention the extent to which the reserving
State has accepted the obligations of the Convention. The Government of the United
Kingdom therefore object to the aforesaid reservations made by the Government of Oman.
This objection shall not preclude the entry into force of the Convention between the
United Kingdom of Great Britain and Northern Ireland and Oman.
Bezwaar Zweden, 05-10-2005
The Government of Sweden has examined the Oman reservation to the Optional Protocol
to the Convention on the Rights of the Child on the involvement of children in armed
conflict.
The Government of Sweden notes that the Optional Protocol is made subject to the reservation
formulated by the Government of Oman concerning the Convention of Rights of the Child.
The reservation to the Convention contains a general reservation to all the provisions
of the Convention that do not accord with Islamic law or the legislation in force
in Oman. It also contains a general limitation of the application of the Convention,
which stipulates that the provisions of the Convention should be applied within the
limits imposed by the material resources available.
The Government of Sweden is of the view that the reservations which do not clearly
specify the extent of Oman's derogation from the provisions in question raises serious
doubts as to the commitment of Oman to the object and purpose of the Optional Protocol.
The Government of Sweden wishes to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation that
is incompatible with the object and purpose of a treaty shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Sweden therefore objects to the aforesaid reservation made by the
Government of Oman to the Optional Protocol to the Convention of the Rights of the
Child in Armed Conflicts and considers the reservation null and void. This objection
shall not preclude the entry into force of the Optional Protocol between Oman and
Sweden. The Optional Protocol enters into force in its entirety between Oman and Sweden,
without Oman benefiting from its reservation.
Bezwaar Finland, 15-11-2005
The Government of Finland has carefully examined the reservations made by the Government
of the Sultanate of Oman to the Optional Protocol to the Convention on the Rights
of the Child on the Involvement of Children in Armed Conflict. The Government of Finland
notes that the provisions of the Optional Protocol shall, according to the Government
of the Sultanate of Oman, be subject to reservations concerning Islamic and domestic
law.
The Government of Finland notes that a reservation which consists of a general reference
to religious or other national law without specifying its contents does not clearly
define to other Parties to the Convention the extent to which the reserving State
commits itself to the Convention and creates serious doubts as to the commitment of
the receiving State to fulfil its obligations under the Convention. Such reservations
are, furthermore, subject to the general principle of treaty interpretation according
to which a party may not invoke the provisions of its domestic law as justification
for a failure to perform its treaty obligations.
The Government of Finland therefore objects to the above-mentioned reservations made
by the Government of the Sultanate of Oman to the Protocol. This objection does not
preclude the entry into force of the Protocol between the Sultanate of Oman and Finland.
The Protocol will thus become operative between the two states without the Sultanate
of Oman benefiting from its reservations.
Bezwaar Duitsland, 17-11-2005
The Government of the Federal Republic of Germany has carefully examined the reservation
made by the Government of the Sultanate of Oman to the Optional Protocol to the Convention
on the Rights of the Child on the Involvement of Children in Armed Conflict.
The reservation refers to all the provisions of the instrument that do not accord
with Islamic law or the legislation in force in the Sultanate of Oman.
The Government of the Federal Republic of Germany is of the opinion that the aforesaid
restrictions make it unclear to which extent the Sultanate of Oman considers itself
bound by the obligations from the Optional Protocol and that this gives rise to serious
doubts as to the commitment of the Sultanate of Oman to the object and purpose thereof.
The Government of the Federal Republic of Germany therefore objects to the reservation
made by the Sultanate of Oman to the Optional Protocol to the Convention on the Rights
of the Child on the Involvement of Children in Armed Conflict. This objection shall
not preclude the entry into force of the Optional Protocol between the Federal Republic
of Germany and the Sultanate of Oman.
Bezwaar Polen, 01-12-2005
The Government of the Republic of Poland [has] examined the reservation made by the
Government of the Sultanate of Oman upon accession to the Optional Protocol to the
Convention on the Rights of the Child as regards the participation of children in
armed conflicts, which confirms that the reservations made to the Convention are currently
valid. The above mentioned reservations refer in general to all the provisions of
the Convention which are not in accordance with Islamic Law of the legislation of
the Sultanate of Oman and stipulate that the provisions of the Convention should be
applied within the limits imposed by the materials resources available.
The Government of the Republic of Poland considers that reservations do not specify
the extent to which the Sultanate of Oman has accepted the obligations of the Convention
are contrary to the object and purpose of the Protocol, i.e., to guarantee better
protection of the rights of the child set forth in the Convention. The Government
of the Republic of Poland would like to note that pursuant to article 19 of the Vienna
Convention on the Law of Treaties, any reservations contrary to the scope and purpose
of the treaty are unacceptable.
The Government of Poland therefore objects to the aforesaid reservation made by the
Government of the Sultanate of Oman to the Optional Protocol.
However, this objection shall not preclude the entry into force of the Optional Protocol
between the Republic of Poland and the Sultanate of Oman.
Bezwaar Noorwegen, 02-12-2005
.....Norway has examined the second and third reservations made by the Government
of the Sultanate of Oman on 17 September 2004 on accession to the Optional Protocol
to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict
(New York, 25 May 2000) which concern Islamic and domestic law and limits imposed
by the material resources available.
The Government of Norway is of the view that these general reservations raise doubts
as to the full commitment of the Sultanate of Oman to the object and purpose of the
Optional Protocol to the Convention on the Rights of the Child on Involvement of Children
in Armed Conflict and would like to recall that according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
The Government of Norway therefore objects to the aforesaid reservations made by the
Government of the Sultanate of Oman to the Optional Protocol to the Convention on
the Rights of the Child on Involvement of Children in Armed Conflict. This objection
does not preclude the entry into force, in its entirety, of the Convention between
Norway and the Sultanate of Oman, without the latter benefiting from these reservations.
Bezwaar Spanje, 02-12-2005
The Government of the Kingdom of Spain has examined the reservations made by the Sultanate
of Oman on 17 September 2004 upon its accession to the Optional Protocol to the Convention
on the Rights of the Child on the Involvement of Children in Armed Conflict of 25
May 2004.
The Government of the Kingdom of Spain notes that the Optional Protocol is subject
to the reservations made by the Sultanate of Oman to the Convention on the Rights
of the Child. The reservations to the Convention include a general reservation to
all those provisions of the Convention that do not accord with Islamic Law or the
legislation in force in the Oman and a reservation to the effect that the provisions
of the Convention should be applied within the limits imposed by the material resources
available.
The Government of the Kingdom of Spain considers that the above mentioned reservations
which subordinate all the provisions of the Optional Protocol to Islamic Law or the
legislation in force in Oman, to which a reference of general nature is made, without
either specifying its content or the limits imposed by the material resources available,
do not permit to clearly determine the extent to which Oman has accepted the obligations
derived from the Optional Protocol, and thereby such reservations raise doubts as
to the Sultanate of Oman's commitment to the object and purpose of the Optional Protocol.
The Government of the Kingdom of Spain considers that the reservations made by the
Sultanate of Oman to the Optional Protocol to the Convention on the Rights of the
Child on the involvement of Children in Armed Conflict are incompatible with the object
and the purpose of the Optional Protocol.
The Government of the Kingdom of Spain recalls that in accordance with customary international
law as codified in the Vienna Convention on the Law of Treaties, reservations which
are incompatible with the object and the purpose of a treaty are not permitted.
Consequently, the Government of the Kingdom of Spain objects to the reservations made
by the Sultanate of Oman to the Optional Protocol to the Convention on the Rights
of the Child on the involvement of Children in Armed Conflict.
This objection shall not preclude the entry into force of the Optional Protocol to
the Convention on the Rights of the Child on the Involvement of Children in Armed
Conflict of 25 May 2000 between the Kingdom of Spain and the Sultanate of Oman.
Bezwaar Hongarije, 24-02-2010
The Government of the Republic of Hungary has examined the reservations made by the
Sultanate of Oman on 17 September 2004 to 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 Hungary notes that the Sultanate of Oman does not consider itself
bound by the provisions of the Optional Protocol that do not accord with the Islamic
law or the legislation in force in the Sultanate, and also notes that the Sultanate
of Oman intends to apply the Optional Protocol within the limits imposed by the material
resources available.
The Government of the Republic of Hungary is of the view that the Sultanate of Oman
has made reservations of a general nature which do not define clearly to what extent
it considers itself bound by the provisions of the Optional Protocol. The Government
of the Republic of Hungary notes that according to Article 19 of the Vienna Convention
on the Law of Treaties reservations that are incompatible with the object and purpose
of the treaty shall not be permitted.
The Government of the Republic of Hungary therefore objects to the above-mentioned
reservations. The objection shall not preclude the entry into force of the Optional
Protocol between the Republic of Hungary and the Sultanate of Oman. The Optional Protocol
enters into force in its entirety between the Republic of Hungary and the Sultanate
of Oman, without the Sultanate of Oman benefiting from its reservations.
Oostenrijk
01-02-2002
Under Austrian law the minimum age for the voluntary recruitment of Austrian citizens
into the Austrian army (Bundesheer) is 17 years.
According to paragraph 15, in conjunction with paragraph 65 (c) of the Austrian National
Defence Act 1990 (Wehrgesetz 1990), the explicit consent of parents or other legal
guardians is required for the voluntary recruitment of a person between 17 and 18
years.
The provisions of the Austrian National Defence Act 1990, together with the subjective
legal remedies guaranteed by the Austrian Federal Constitution, ensure that legal
protection in the context of such a decision is afforded to volunteers under the age
of 18. A further guarantee derives from the strict application of the principles of
rule of law, good governance and effective legal protection.
Oost-Timor
02-08-2004
Pursuant to Article 3, paragraph 2 of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed conflicts the Government of Timor-Leste declares, that the minimum age for voluntary recruitment into its national armed forces is 18 years, as specified by the domestic law of Timor-Leste.
Pakistan
17-11-2016
The Islamic Republic of Pakistan, 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:
i. The minimum age of recruitment of personnel into the armed forces of Pakistan is
16 years.
ii. The armed forces personnel are sent to combatant areas only after they attain
eighteen years of age.
iii. The recruitment into the armed forces of Pakistan is purely voluntary, and made
through open competition on merit without any force or coercion.
iv. The recruit is required to present B-Form issued by the National Database and
Registration Authority as a token of proof of having attained minimum age prescribed
under the law for recruitment.
Palestina
07-04-2014
[...] in accordance with article 3(2) of the Optional Protocol, [...] the minimum age for recruitment of persons into Palestine's national armed forces is 18 years.
06-06-2014
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.263.2014.TREATIES-IV.11.b,
dated 15 May 2014, conveying a communication of the United States of America regarding
the accession of the State of Palestine to the Optional Protocol to the Convention
on the Rights of the Child on the Involvement of Children in Armed Conflict, dated
25 May 2000.
The Government of the State of Palestine regrets the position of the United States
of America and wishes to recall United Nations General Assembly resolution 67/19 of
29 November 2012 according Palestine 'non-member observer State status in the United
Nations'. In this regard, Palestine is a State recognized by the United Nations General
Assembly on behalf of the international community.
As a State Party to the Optional Protocol to the Convention on the Rights of the Child
on the Involvement of Children in Armed Conflict, which entered into force on 7 May
2014, the State of Palestine will exercise its rights and honor its obligations with
respect to all States Parties. The State of Palestine trusts that its rights and obligations
will be equally respected by its fellow States Parties.
06-06-2014
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.280.2014.TREATIES-IV.11.b,
dated 22 May 2014, conveying a communication of Canada regarding the accession of
the State of Palestine to the Optional Protocol to the Convention on the Rights of
the Child on the Involvement of Children in Armed Conflict, dated 25 May 2000.
The Government of the State of Palestine regrets the position of Canada and wishes
to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according
Palestine 'nonmember observer State status in the United Nations'. In this regard,
Palestine is a State recognized by the United Nations General Assembly on behalf of
the international community.
As a State Party to the Optional Protocol to the Convention on the Rights of the Child
on the Involvement of Children in Armed Conflict, which entered into force on 7 May
2014, the State of Palestine will exercise its rights and honor its obligations with
respect to all States Parties. The State of Palestine trusts that its rights and obligations
will be equally respected by its fellow States Parties.
06-06-2014
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.298.2014.TREATIES-IV.11.b,
dated 22 May 2014, conveying a communication of Israel regarding the accession of
the State of Palestine to the Optional Protocol to the Convention on the Rights of
the Child on the Involvement of Children in Armed Conflict, dated 25 May 2000.
The Government of the State of Palestine regrets the position of Israel, the occupying
Power, and wishes to recall United Nations General Assembly resolution 67/19 of 29
November 2012 according Palestine 'non-member observer State status in the United
Nations'. In this regard, Palestine is a State recognized by the United Nations General
Assembly on behalf of the international community.
As a State Party to the Optional Protocol to the Convention on the Rights of the Child
on the Involvement of Children in Armed Conflict, which entered into force on 7 May
2014, the State of Palestine will exercise its rights and honor its obligations with
respect to all States Parties. The State of Palestine trusts that its rights and obligations
will be equally respected by its fellow States Parties.
Panama
08-08-2001
The Republic of Panama, in ratifying the Protocol, declares that it has no armed forces. The Republic of Panama has a civilian security force consisting of the National Police, the National Air Service, the National Maritime Service and the Institutional Protection Service. Their legal charters define the requirements for recruitment of personnel by such institutions and stipulate that recruits must have reached the age of majority, i.e. 18 years.
Paraguay
22-03-2006
I declare, on behalf of the Government of the Republic of Paraguay, that it has been decided to set the minimum age for recruitment into the Armed Forces at eighteen (18) years. The measures to be taken for recruitment shall be brought into line with the provisions of article 3, paragraph 3, of the aforementioned Optional Protocol.
Peru
08-05-2002
In depositing the instrument of ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Government of Peru declares that, in compliance with its article 3, paragraph 2, the minimum age for voluntary recruitment into the national armed forces, under national legislation, is 18 years.
Polen
28-06-2013
1. Under the Polish law the minimum age in the case of obligatory recruitment of the
Polish citizens into the national Armed Forces is eighteen (18) years.
2. Under the Polish law the minimum age for the voluntary recruitment of the Polish
citizens into the national Armed Forces is eighteen (18) years. The candidate is obliged
to show a special document certifying the date of his/her birth.
Portugal
06-09-2000
Concerning article 2 of the Protocol, the Portuguese Republic considering that it would have preferred the Protocol to exclude all types of recruitment of persons under the age of 18 years - whether this recruitment is voluntary or not, declares that it will apply its domestic legislation which prohibits the voluntary recruitment of persons under the age of 18 years and will deposit a binding declaration, in conformity with paragraph 2 of article 3 of the Protocol, setting forth 18 years as the minimum age for voluntary recruitment in Portugal.
19-08-2003
The Government of Portugal declares, in accordance with article 3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on the Involvment of Children in Armed Conflict that the minimum age for any recruitment - including voluntary - of persons into its national armed forces is 18 years. This age limit is already contained in the Portuguese domestic legislation.
Qatar
25-07-2002
Pursuant to paragraph 2 of article 3 of the Optional Protocol to the Convention on
the Rights of the Child on the involvement of children in armed conflict,
The State of Qatar declares that recruitment to its armed forces and other regular
forces is voluntary and is for those who have attained the age of 18 years and that
it takes account of the safeguards set forth in paragraph 3 of the same article.
In making this declaration, the State of Qatar affirms that its national legislation
makes no provision for any form of compulsory or coercive recruitment.
Roemenië
10-11-2001
According to the law, military serivce is compulsory for Romanian citizens, males, who reached the age of 20, except in case of war or upon request, during peacetime, when they may be recruited after the age of 18.
Russische Federatie
24-09-2008
The Russian Federation, pursuant to article 3, paragraph 2, of the Optional Protocol,
declares that, in accordance with the legislation of the Russian Federation, citizens
under the age of 18 may not be recruited for military service in the armed forces
of the Russian Federation and a military service contract may not be concluded with
them;
In accordance with the legislation of the Russian Federation, citizens who have reached
the age of 16 are entitled to admission to professional military educational institutions.
Upon enrolment in these institutions they shall acquire the status of members of the
military performing compulsory military service. The legislation of the Russian Federation
guarantees that such citizens shall conclude military
service contracts on reaching the age of 18, but not before they have completed the
first year of education in these educational institutions.
Rwanda
23-04-2002
Minimum age for voluntary recruitment:18 years.
Minimum age for entry into schools operated by or under the control of armed forces:
Not applicable.
Status of pupils in these schools (are they part of the armed forces: Not applicable.
What reliable proof of age is required: birth certificate.
What do the armed forces comprise: Adult men and women.
Saint Lucia
15-01-2014
In accordance with Article 3, paragraph 2 of the Optional Protocol to the Convention
on the Rights of the Child on the Involvement of Children in Armed Conflict, 2000,
the Government of Saint Lucia declares that the minimum age required for voluntary
recruitment into the Police Force is eighteen (18) years, in accordance with section
3 (a) of the Police (amendment) Act, 2013.
Saint Vincent en de Grenadines
29-03-2011
In accordance with Article 3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflicts, 2000, the Government of Saint Vincent and the Grenadines declares that the minimum age required for voluntary recruitment into the Police Force is nineteen (19) years in accordance with the Police Act, Chapter 280 section 6(1) of the Law of Saint Vincent and the Grenadines.
Salomonseilanden
20-01-2023
Declaration under article 3 (2)
The Government of Solomon Islands declares that it does not have national armed forces,
but in the event that any are established, it will ensure [that] the minimum age for
voluntary recruitment of 18 years as provided for under the Police Act will in principle
be applied for such recruitment. No recruitment shall be carried out without the submission
of compulsory proof of age.
Samoa
17-05-2016
The Independent State of Samoa in acceding to this Protocol declares that it has no national armed forces and its civilian Police Force is also unarmed, hence a minimum age for recruitment at which it will permit voluntary recruitment into a national armed force is not applicable in the case of the Independent State of Samoa.
San Marino
26-09-2011
The Republic of San Marino, in accordance with article 3, paragraph 2 of the Optional
Protocol to the Convention on the Rights of the Child on the involvement of children
in armed conflict, declares as follows:
a) The minimum age for voluntary recruitment into the Military Corps of the Republic
of San Marino, in conformity with the Special Regulations of each Corps, is set at
18;
b) In San Marino there is neither a compulsory military service nor a compulsory civil
service, although Articles 3 and 4 of Law no. 15 of 26 January 1990 'Regulation and
Discipline of Military Corps' provide that, in the exceptional circumstances of a
general mobilization, all San Marino citizens from 16 to 60 years of age may be called
up to serve in the military. This provision represents a historical heritage and such
circumstances have never arisen in the whole history of the Republic. The Republic
of San Marino intends to introduce a reform of the Regulation and Discipline of Military
Corps to repeal this provision.
Saudi-Arabië
10-06-2011
1. Saudi laws and regulations include neither texts nor provisions that allow any
form of compulsory recruitment into the armed forces.
2. Joining the national armed forces is limited to formal employment (voluntary);
and the law requires that the person requesting to be recruited should be at least
17 years old.
Senegal
03-03-2004
We hereby declare that the minimum age required for regular conscription and for entry
into the schools for officers and sub-officers is twenty (20) years.
Candidates shall enlist in an individual capacity and shall sign enlistment and re-enlistment
contracts freely and in person.
Servië
31-01-2003
Pursuant to article 3(2) of the Protocol, I have the honour to inform that the provisions
of articles 291 and 301 of the Law on the Yugoslav Army specified that a person of
military age who has turned eighteen may be recruited into the Army of the Federal
Republic of Yugoslavia in that calendar year. The person of military age may only
exceptionally be recruited in the calendar year in which he turns seventeen, at his
own request, or during a state of war by order of the President of the Federal Republic
of Yugoslavia.
In the light of the fact that, under the Law, only persons who have done their military
service or have undergone the required military training may be called up, the minimum
age for voluntary recruitment in the Federal Republic of Yugoslavia has been set at
eighteen. Safeguards that recruitment of underage persons will not be forced or coerced
are provided in the Penal Code of the Federal Republic of Yugoslavia and those of
its constituent republics, relating to the criminal act against civil rights and liberties
and dereliction of duty.
Seychellen
10-08-2010
.... Whereas the age of majority in Seychelles is established at 18 years, under the
'Age of Majority Act of 13th October 1980';
Whereas the 'Constitution of the Republic of Seychelles of 21st June 1993' enshrines
the rights of minors in Article 31 where it recognises the right of children and young
persons to special protection;
Whereas pursuant to Section 23 of the Seychelles 'Defence Act of 1st January 1981',
no person who is under the age of 18 years shall be enrolled without the consent in
writing of his/her parents or his/her guardians;
Whereas according with the same 'Defence Act of 1st January 1981' whenever a member
of the Defence Force is under the age of 18 years and was enrolled irregularly or
in error without the consent required by the law of Seychelles, he/she shall be discharged
at the request of his/her parent or guardian;
Whereas the Defence Academy of Seychelles admits children above the age of 15 only
with the consent of their parents or guardians;
Bearing in mind that Article 3, paragraph 4, of the aforesaid Protocol allows each
State Party to strengthen its declaration at any time by notification to the Secretary-General
of the United Nations;
Sierra Leone
15-05-2002
With regard to article 3, paragraph 2, of the Optional Protocol to the Convention
on the Rights of the Child on the participation of Children in Armed Conflict, the
Government of the Republic of Sierra Leone declares that:
1. The minimum age for voluntary recruitment into the Armed Forces is 18 years;
2. There is no compulsory, forced or coerced recruitment into the National Armed Forces;
3. Recruitment is exclusively on a voluntary basis.
Singapore
11-12-2008
Pursuant to Article 3, Paragraph 2 of the Optional Protocol, the Republic of Singapore
declares that:
1. The minimum age at which persons may be voluntarily recruited or enlisted into
the Singapore Armed Forces is 16 years and 6 months; and
2. The Republic of Singapore maintains the following safeguards in respect of voluntary
recruitment or enlistment of persons below the age of 18 years into the Singapore
Armed Forces:
a. The person is required to produce documentary proof of age, including an authentic
birth certificate and identity card;
b. Written consent of a parent or legal guardian of the person is required; and
c. The person is fully informed of the duties involved in military service by the
Singapore Armed Forces through, among other things, informational brochures and career
counselors to explain the demands of military life.
Slovenië
23-09-2004
In compliance with Article 3, Paragraph 2, of the Optional Protocol, the Republic of Slovenia declares that the minimum age at which it will permit voluntary recruitment into its national armed forces is 18 years. The minimum age shall apply equally to men and women. By phasing out the recruitment system and introducing professional military service, the contractual reserve forces and service in the national armed forces shall be voluntary and regulated by a contract between the two parties.
Slowakije
07-07-2006
.....the Slovak Republic declares that according to its legislation, the minimum age
at which voluntary recruitment into its national armed forces is permitted, is regulated
by
Act No. 570/2005 on the Conscription Obligation and on Amendment of certain Acts section
6, which stipulates that a person can voluntary accept the conscription obligation
as of 1st January of the calendar year in which he/she reaches the age of 19 years;
and
Act No. 346/2005 on the State Service of the Professional Soldiers of the Armed Forces
of the Slovak Republic and on Amendment of certain Acts section 13, which stipulates
reaching the age of 18 years as the requirement for admission to the state service
of the professional soldier.
The fact, that the recruitment can be performed exclusively on the basis of a law
in accordance with the Constitution of the Slovak Republic, is the sufficient safeguard
to ensure that such recruitment is not forced or coerced.
Spanje
08-03-2002
For the purposes of the provisions of article 3 of the Protocol, Spain declares that the minimum age for voluntary recruitment into its armed forces is 18 years.
Sri Lanka
08-09-2000
The Democratic Socialist Republic of Sri Lanka [...] declares in accordance with article
3 (2) of [the Protocol] that under the laws of Sri Lanka:
(a) there is no compulsory, forced or coerced recruitment into the national armed
forces;
(b) recruitment is solely on a voluntary basis;
(c) the minimum age for voluntary recruitment into national armed forces is 18 years.
Sudan
26-07-2005
.....pursuant to article 3 (2) of the Optional Protocol, the Government of the Republic of the Sudan declares that the Republic of the Sudan is committed to maintain the minimum age for voluntary service in the Sudan armed forces at 18, and to maintain the prohibition of forced or voluntary conscription of any person under the age of 18 years.
Suriname
16-11-2021
Pursuant to Article 3, Paragraph 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 Suriname hereby declares that in accordance with Article 9, Paragraph 1 sub b and Article 11, Paragraph 2 of the Military Legal Position Law (S.B. 1996 No. 28) of the Republic of Suriname, the minimum age for voluntary recruitment into the Suriname National Army is 18 years. In order to guarantee that applicants are not under aged, they are required to submit a certificate from the National Registry of Births, Deaths and Marriages.
Syrië
17-10-2003
Ratification of the two Optional Protocols by the Syrian Arab Republic shall not in
any event imply recognition of Israel and shall not lead to entry into any dealings
with Israel in the matters governed by the provisions of the Protocols.
The Syrian Arab Republic declares that the statutes in force and the legislation applicable
to the Ministry of Defence of the Syrian Arab Republic do not permit any person under
18 years of age to join the active armed forces or the reserve bodies or formations
and do not permit the enlistment of any person under that age.
Bezwaar Israël, 18-07-2005
The Government of the State of Israel has noted that the instrument of ratification
of the Syrian Arab Republic of the above-mentioned Protocol [...], contains a declaration
with respect to the State of Israel.
The Government of the State of Israel considers that such declaration, which is explicitly
of a political nature, is incompatible with the purposes and objectives of the Protocol.
The Government of the State of Israel therefore objects to the aforesaid declaration
made by the Syrian Arab Republic.
Tadzjikistan
05-08-2002
On behalf of the Republic of Tajikistan, the Ministry of Foreign Affairs has the honor to declare that, in accordance with [paragraph] 2 of article 3 of the Optional Protocol to the Convention on the Rights of a Child with respect to participation of children in military conflicts, the voluntarily recruitment of those under age of 18 to the armed forces of the Republic of Tajikistan shall be prohibited.
Tanzania
11-11-2004
The mimimum age for the voluntary recruitment into armed conflict is eighteen years.
Thailand
27-02-2006
1. Military service is compulsory by law. Thai men reaching the age of 18 have a duty
to register on the inactive military personnel list. At the age of 21, selected inactive
military personnel will become active military personnel. Inactive military personnel
may also voluntarily apply to become active military personnel to serve in the national
armed forces. Women are exempt from compulsory military service both in times of peace
and in times of war, but are subjected to other duties assigned by law.
2. In times of war or national crisis, inactive military personnel (men aged over
18) may be recruited to participate in the armed forces.
3. Admittances to military schools such as Army Non-commissioned Officer School, Air
technical Training School, Navy Non-Commissioned Officer School, Armed Forces Academies
Preparatory School and Army, Naval, and Air Forces Academies is on a voluntary basis,
depending on the success in the entrance examinations and subject to the consent of
parents or legal guardians.
4. High school and university students regardless of gender may voluntarily apply
to receive military training from the Army Reserve Command, with the consent of parents
or legal guardians, without any exception. Students who complete 3 years' training
are exempt from military service (as active military personnel) when they reach the
age of 21.
5. Non-governmental militias are prohibited by law, regardless of the age of persons
concerned.
Togo
28-11-2005
In accordance with article 3 (2) of the Optional Protocol, the Government of the Republic
of Togo:
(i) Declares that the minimum age at which voluntary recruitment into its national
armed forces is permitted is eighteen (18) years;
(ii) The following is a description of the safeguards that the Government has adopted
to ensure that such recruitment is not forced or coerced:
Any person under 18 years of age cannot be recruited, neither accepted for recruitment,
even voluntarily, nor registered as a member of the Togolese Armed Forces (FAT).
National military service does not exist in Togo.
The recruitment is national, voluntary, conducted in public upon presentation of a
birth certificate, a school or training certificate and of diplomas obtained.
All recruits undergo a rigorous medical examination.
Tsjaad
28-08-2002
The Chadian Government declares that, pursuant to article 3, paragraph 2 of the Optional
Protocol, the minimum age for recruitment into the armed forces is 18 years.
Enlistment is entirely and absolutely voluntary and may take place only on a fully
informed basis.
Tsjechië
30-11-2001
Adopting this Protocol we declare in accordance with article 3 paragraph 2 of the Protocol that the minimum age at which voluntary recruitment into its national armed forces is permitted is 18 years. This age limit is prescribed by law.
Tunesië
02-01-2003
In accordance with article 3, paragraph 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 Tunisia declares the following:
Under Tunisian law, the minimum age for voluntary recruitment of Tunisian citizens
into the armed forces is 18 years.
In accordance with article 1 of Act No. 51-1989 of 14 March 1989 on military service,
"all citizens aged 20 shall perform national service in person, except in the case
of a medically certified impediment.
However, citizens may, at their request, and with the consent of their legal guardian,
perform military service at the age of 18 years, subject to the approval of the Secretary
General of the Ministry of Defence."
In accordance with article 27 of Act No. 51-1989 of 14 March 1989 on military service,
"any citizen between the ages of 18 and 23 may be admitted into military schools subject
to such conditions as may be determined by the Secretary General of the Ministry of
Defence.
Young people who have not attained the age of majority must first get the consent
of their legal guardian; in such case, the first year of service shall count towards
the fulfilment of military service obligations and be considered as enlistment before
call-up."
Articles 1 and 27 of the Act of 14 March 1989 provide legal safeguards for citizens
under the age of 18 years, since acceptance into national military service or recruitment
into the armed forces is on a strictly voluntary basis.
Turkije
04-05-2004
1.The Republic of Turkey declares, in accordance with Article 3 (2) of the Optional
Protocol, that military service is compulsory in Turkey, however Turkish citizens
are not subjected to compulsory military service before reaching the legal age of
maturity. In accordance with the Turkish Military Code, military service begins on
1st January of the twentieth age; in cases of mobilisation and state of emergency,
individuals who are liable to military service may be recruited at the age of 19.
There is no voluntary recruitment in Turkey.
However, Article 11 of the Military Code envisages a voluntary recruitment for navy
and gendarmerie classes and non-commissioned officers at a minimum age of 18. Nevertheless,
this article, which is in compliance with the age regulation of the Optional Protocol,
is not applied in practice.
Students of military schools, who are exempted from the Optional Protocol according
to Article 3 (5) of this protocol, are not subjected to compulsory military service.
Under the Turkish legal system, such students are not considered as "soldiers" and
are not held liable for "military service".
2. Admittance to the military high schools and preparatory non-commissioned officer
schools is on a voluntary basis, depending on success in the entrance examinations
and with the consent of parents or legal guardians. Students who have completed their
primary school education and enrolled into such schools at a minimum age of 15 can
quit them at any time if they so wish.
The Republic of Turkey declares that it will implement the provisions of the existing
Optional Protocol only to the States Parties which it recognizes and with which it
has diplomatic relations.
The Republic of Turkey declares with regard to Article 3 (5) of the Optional Protocol
to the Convention on the Rights of the Child on the Involvement of Children in Armed
Conflict that the reservation it made to Article 29 of the Convention on the Rights
of the Child, which is referred to in the said paragraph of the Optional Protocol,
fully retains its validity.
Bezwaar Cyprus, 02-07-2010
The Government of the Republic of Cyprus has examined the declaration made by the
Government of the Republic of Turkey to 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, on 4 May 2004, in respect of the implementation of the provisions of
the Optional Protocol only to the States Parties which it recognizes and with which
it has diplomatic relations.
In the view of the Government of the Republic of Cyprus, this declaration amounts
to a reservation. This reservation creates uncertainty as to the States Parties in
respect of which Turkey is undertaking the obligations in the Protocol and raises
doubt as to the commitment of Turkey to the object and purpose of the Convention on
the Rights of the Child and of the said Protocol. The Government of the Republic of
Cyprus therefore objects to the reservation made by the Government of the Republic
of Turkey to the Optional Protocol to the Convention on the Rights of the Child on
the Involvement of Children in Armed Conflict.
This reservation or the objection to it shall not preclude the entry into force of
the Convention on the Rights of the Child or the future entry into force of the said
Protocol between the Republic of Cyprus and the Republic of Turkey.
Turkmenistan
29-04-2005
A citizen of male sex at the age of 18 to 30 years, which has no right to discharge
or deferment from conscription, is subject to a call to military service.
Decision on conscription of a citizen to a military service can be adopted after he
has reached 18 years of age.
Decision to call a citizen to a military service can be adopted after achievement
by him of 17 years of age after his personal application for voluntary military service.
Uganda
06-05-2002
The Government of the Republic of Uganda declares that the minimum age for the recruitment
of persons into the armed forces is by law set at eighteen (18) years. Recruitment
is entirely and squarely voluntary and is carried out with the full informed consent
of the persons being recruited. There is no conscription in Uganda.
The Government of the Republic of Uganda reserves the right at any time by means of
a notification addressed to the Secretary-General of the United Nations, to add, amend
or strengthen the present declaration. Such notifications shall take effect from the
date of their receipt by the Secretary-General of the United Nations.
Uruguay
09-09-2003
In fulfilment of the obligation laid down in article 3, paragraph 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 Eastern Republic of Uruguay, in line with
the resservation made at the time of depositing the instrument of ratification of
the Convention on the Rights of the Child, declares:
That in exercise of its sovereignty and in accordance with domestic law, it does not
under any circumstances permit voluntary recruitment into the armed forces of persons
under 18 years of age.
Vanuatu
26-09-2007
... the Government of the Republic of Vanuatu pursuant to Article 3 (2) of the Protocol
hereby declares that the minimum age at which it will permit voluntary recruitment
into its national Armed Forces is 18 years of age as provided under Section 3 (2)
of the Police Rules. Further declaration is made that Vanuatu has adopted the following
safeguards to ensure that recruitment of personnel is not forced or coerced:
A Candidate for appointment to the Force shall:
a) have reached the age of 18 years and shall not be over the age of 30 years
b) be certified by a Government medical officer to be in good health, of sound constitution
and fitted both physically and mentally to perform the duties on which he will be
employed after appointment;
c) have a minimum height of 1.70 meters (5 feet 8 inches);
d) have a minimum education certificate of a Senior Primary Certificate on a Certificate
d'Études Primaire or pass a Police Entrance Examination;
e) be of good moral character.
Venezuela
23-09-2003
The minimum age for conscription and voluntary enlistment into the national armed
forces of the Bolivarian Republic of Venezuela is between 18 and 50 years, in accordance
with the provisions of the Constitution and laws of the Republic.
The safeguards adopted by the Government of the Bolivarian Republic of Venezuela to
ensure that such recruitment is not forced or coerced are as follows:
1. Article 134 of the Constitution of the Bolivarian Republic of Venezuela provides:
"Everyone, in accordance with the law, has the duty to provide the necessary civilian
or military services for the defence, preservation and development of the country,
or to deal with situations of public emergency. No one may be subjected to forced
recruitment."
2. When a person has been subjected to forced recruitment, article 27, first paragraph
of the Constitution of the Bolivarian Republic of Venezuela provides that: "everyone
has the right to be protected by the courts in the enjoyment and exercise of all constitutional
rights and guarantees, including those inherent personal rights which are not expressly
laid down in this Constitution or in the international human rights instruments".
3. The Constitution also provides, in article 31, first paragraph, that "everyone
has the right, under the provisions laid down in the human rights treaties, covenants
and conventions ratified by the Republic, to send petitions or complaints to the international
organs created for these purposes, in order to seek protection of human rights".
4. Furthermore, article 4 of the Military Conscription and Enlistment Act provides
that military age is the period during which Venezuelans have military obligations
and are between 18 and 50 years of age. No Venezuelan under the age of 18 has military
obligations or the duty to register for military service.
Verenigd Koninkrijk
24-06-2003
... in accordance with Article 3, paragraph 2, of the Optional Protocol:
The minimum age at which individuals may join the UK Armed Forces is 16 years. This
minimum broadly reflects the minimum statutory school leaving age in the United Kingdom,
that is the age at which young persons may first be permitted to cease full-time education
and enter the full-time employment market. Parental consent is required in all cases
of recruitment under the age of 18 years.
The United Kingdom maintains the following safeguards in respect of voluntary recruitment
into the armed forces:
1. The United Kingdom Armed Forces are manned solely by volunteers; there is no compulsory
recruitment.
2. A declaration of age, backed by an authoritative, objective proof (typically the
production of an authentic birth certificate) is an integral and early requirement
in the recruitment process. Should an individual volunteering to enter the United
Kingdom Armed Forces be found either by their own declaration or by inspection of
supporting evidence of age to be under 18 years of age, special procedures are adopted.
These procedures include:
- the involvement of the parent(s) or legal guardian(s) of the potential recruits;
- clear and precise explanation of the nature of duties involved in military service
to the both the individual and their parent(s)/guardian(s); and
- as well as explaining the demands of military life to the individual volunteer and
establishing that he/she remains a genuine volunteer, the requirement that the parent(s)
or guardian(s), having been similarly informed, freely consent to the individuals
entry into the Armed Forces and duly countersign the appropriate application or other
appropriate recruitment process forms.
The United Kingdom of Great Britain and Northern Ireland will take all feasible measures
to ensure that members of its armed forces who have not attained the age of 18 years
do not take a direct part in hostilities.
The United Kingdom understands that article 1 of the Optional Protocol would not exclude
the deployment of members of its armed forces under the age of 18 to take a direct
part in hostilities where:-
(a) there is a genuine military need to deploy their unit or ship to an area in which
hostilities are taking place; and
(b) by reason of the nature and urgency of the situation:-
i) it is not practicable to withdraw such persons before deployment; or
ii) to do so would undermine the operational effectiveness of their ship or unit,
and thereby put at risk the successful completion of the military mission and/or the
safety of other personnel.
Verenigde Staten van Amerika
23-12-2002
The Government of the United States of America declares, 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 that -
(A) the minimum age at which the United States permits voluntary recruitment into
the Armed Forces of the United States is 17 years of age;
(B) The United States has established safeguards to ensure that such recruitment is
not forced or coerced, including a requirement in section 505 (a) of title 10, United
States Code, that no person under 18 years of age may be originally enlisted in the
Armed Forces of the United States without the written consent of the person's parent
or guardian, if the parent or guardian is entitled to the person's custody and control;
(C) each person recruited into the Armed Forces of the United States receives a comprehensive
briefing and must sign an enlistment contract that, taken together, specify the duties
involved in military service; and
(D) all persons recruited into the Armed Forces of the United States must provide
reliable proof of age before their entry into military service.
(1) No assumption of obligation under the Convention on the Rights of the Child.
The United States understands that the United States assumes no obligations under
the Convention on the Rights of the Child by becoming a party to the Protocol.
(2) Implementation of obligation not to permit children to take direct part in hostilities.
The United States understands that, with respect to Article 1 of the Protocol -
(A) the term "feasible measures" means those measures that are practical or practically
possible, taking into account all the circumstances ruling at the time, including
humanitarian and military considerations;
(B) the phrase "direct part in hostilities"-
(i) means immediate and actual action on the battlefield likely to cause harm to the
enemy because there is a direct causal relationship between the activity engaged in
and the harm done to the enemy; and
(ii) does not mean indirect participation in hostilities, such as gathering and transmitting
military information, transporting weapons, munitions, or other supplies, or forward
deployment; and
(C) any decision by any military commander, military personnel, or other person responsible
for planning, authorizing, or executing military action, including the assignment
of military personnel, shall only be judged on the basis of all the relevant circumstances
and on the basis of that person's assessment of the information reasonably available
to the person at the time the person planned, authorized, or executed the action under
review, and shall not be judged on the basis of information that comes to light after
the action under review was taken.
(3) Minimum age for voluntary recruitment.
The United States understands that Article 3 of the Protocol obligates States Parties
to the Protocol to raise the minimum age for voluntary recruitment into their national
armed forces from the current international standard of 15 years of age.
(4) Armed groups.
The United States understands that the term "armed groups" in Article 4 of the Protocol
means nongovernmental armed groups such as rebel groups, dissident armed forces, and
other insurgent groups.
(5) No basis for jurisdiction by any international tribunal.
The United States understands that nothing in the Protocol establishes a basis for
jurisdiction by any international tribunal, including the International Criminal Court.
13-05-2014
The Government of the United States of America does not believe the 'State of Palestine' qualifies as a sovereign State and does not recognize it as such. Accession to the Optional Protocol is limited to sovereign States. Therefore, the Government of the United States of America believes that the 'State of Palestine' is not qualified to accede to the Optional Protocol and affirms that it will not consider itself to be in a treaty relationship with the 'State of Palestine' under the Optional Protocol.
Vietnam
20-12-2001
To defend the Homeland is the sacred duty and right of all citizens. Citizens have
the obligation to fulfil military service and participate in building the all-people
national defense.
Under the law of the Socialist Republic of Vietnam, only male citizens at the age
of 18 and over shall be recruited in the military service. Those who are under the
age of 18 shall not be directly involved in military battles unless there is an urgent
need for safeguarding national independence, sovereignty, unity and territorial integrity.
Male citizens up to the age of 17 who wish to make a long-term service in the army
may be admitted to military schools. Voluntary recruitment to military schools shall
be ensured by measures which, inter alia, include:
- The Law on Military Duty and other regulations on the recruitment to military schools
are widely disseminated through mass media;
- Those who wish to study at a military school shall, on the voluntary basis, file
their application, participate in and pass competitive examinations; they shall submit
their birth certificates provided by the local authority, their education records,
secondary education diploma; they shall also undergo health check in order to ensure
that they are physically qualified to study and serve the military.
Zimbabwe
22-05-2013
Pursuant to Article 3, paragraph [2] of the Optional Protocol to the Convention on
the Rights of the Child on Involvement of Children in Armed Conflict the Republic
of Zimbabwe do hereby declare that:
In terms of the Zimbabwe Defence Forces Standing Orders, recruitment of members into
the Defence Forces is voluntary but restricted to the ages of between 18 and 22 years.
However, Zimbabwe contemplates to include this provision in its statutory law for
certainty and consistency despite the fact that no problems have been encountered.
To ensure that every recruit is 18 years of age, every potential recruit must be in
possession of his/her National Identity Card, Birth Certificate and school and professional
certificates before he is recruited into the Defence Forces.
He/she also undergoes thorough medical and physical examinations in order to ascertain
his/her fitness and age.
Recruitment commences at District Centres to ensure that there is equal representation
of all members who join the Defence Forces, throughout the country.
In fact, all recruitments into the Zimbabwe Defence Forces are voluntary and is strictly
for those who are of the age of 18 years.
Zuid-Afrika
24-09-2009
a) The South African National Defence Force (SANDF) is a voluntary force and therefore
there is no compulsory conscription into the SANDF;
b) The process of recruitment in the SANDF is initiated through advertisement in
the national newspapers and the minimum age limit of 18 years is stipulated by law
as a requirement;
c) The induction of all recruits is conducted in public;
d) All recruits are required to present a national identity document which states
their date of birth and where appropriate, their educational records; and
e) All recruits undergo a rigorous medical examination in terms of which prepubescence
would be noticed, and any recruit determined to be underage is routinely declined
from recruitment.
Zuid-Korea
24-09-2004
In accordance with paragraph 2, Article 3 of the aforementioned Protocol, the Government of the Republic of Korea declares that the minimum age for voluntary recruitment into the Korean national armed forces is 18 years.
Zuid-Sudan
27-09-2018
… the Republic of South Sudan ..., in regards to Article 3 of the Optional Protocol,
states that the minimum age at which it permits recruitment of volunteers in Armed
Forces is eighteen years and in accordance with section 22 of the Sudan Peoples’ Liberation
Army Act, 2009;
… the Republic of South Sudan also states that the safeguards provided in Article
3(2) of the Optional Protocol on Involvement of Children in the Armed Conflicts and
in the Sudan Peoples’ Liberation Army Act, 2009 shall be observed and bound by to
ensure that all recruitment is made in public places and not done under force or duress,
advertised in the press and national media for young people, the recruits undergo
medical examination and the record consist of recruitment as appropriate, among others,
a birth certificate, certificate of education or apprenticeship.
Zweden
20-02-2003
... in accordance with Article 3 paragraph 2 of the Optional Protocol, [...] the minimum age required for voluntary recruitment into the Swedish National Armed Forces is eighteen (18) years.
Zwitserland
26-06-2002
The Swiss Government declares, in accordance with article 3, paragraph 2, of the Optional Protocol, that the minimum age for the recruitment of volunteers into its national armed forces is 18 years. That age is specified by the Swiss legal system.