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OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT
(New York, 25/05/2000)
ENTRY INTO FORCE : 12 FEBRUARY 2002
Depositary: Secretary-General of the United Nations
| Parties | Date of Signature | Date of ratification / Other | Entry Into Force | Domestication Legislation (where available) |
|---|---|---|---|---|
| Nauru | 08 Sep 2000 | |||
| Vanuatu | 16 Sep 2005 | 23 August 2007 Rt | ||
| Afghanistan [#] | 24 Sep 2003 a | |||
| Andorra [#] | 7 Sep 2000 | 30 Apr 2001 Rt | ||
| Argentina [#] | 15 Jun 2000 | 10 Sep 2002 Rt | ||
| Armenia | 24 Sep 2003 | |||
| Australia | 21 Oct 2002 | |||
| Austria [#] | 6 Sep 2000 | 1 Feb 2002 Rt | ||
| Azerbaijan [#] | 8 Sep 2000 | 3 Jul 2002 Rt | ||
| Bangladesh [#] | 6 Sep 2000 | 6 Sep 2000 Rt | ||
| Belgium1 [#] | 6 Sep 2000 | 6 May 2002 Rt | ||
| Belize [#] | 6 Sep 2000 | 1 Dec 2003 Rt | ||
| Benin | 22 Feb 2001 | |||
| Bosnia and Herzegovina [#] | 7 Sep 2000 | 10 Oct 2003 Rt | ||
| Botswana | 24 Sep 2003 | |||
| Brazil [#] | 6 Sep 2000 | 27 Jan 2004 Rt | ||
| Bulgaria [#] | 8 Jun 2001 | 12 Feb 2002 Rt | ||
| Burkina Faso | 16 Nov 2001 | |||
| Burundi | 13 Nov 2001 | |||
| Cambodia | 27 Jun 2000 | |||
| Cameroon | 5 Oct 2001 | |||
| Canada [#] | 5 Jun 2000 | 7 Jul 2000 Rt | ||
| Cape Verde [#] | 10 May 2002 a | |||
| Chad [#] | 3 May 2002 | 28 Aug 2002 Rt | ||
| Chile [#] | 15 Nov 2001 | 31 Jul 2003 Rt | ||
| China | 15 Mar 2001 | 15 Mar 2001 Rt | ||
| Colombia | 6 Sep 2000 | |||
| Costa Rica [#] | 7 Sep 2000 | 24 Jan 2003 Rt | ||
| Croatia [#] | 8 May 2002 | 1 Nov 2002 Rt | ||
| Cuba | 13 Oct 2000 | |||
| Czech Republic [#] | 6 Sep 2000 | 30 Nov 2001 Rt | ||
| Democratic Republic of the Congo [#] | 8 Sep 2000 | 11 Nov 2001 Rt | ||
| Denmark2 | 7 Sep 2000 | 27 Aug 2002 Rt | ||
| Dominica [#] | 20 Sep 2002 a | |||
| Dominican Republic | 9 May 2002 | |||
| Ecuador | 6 Sep 2000 | |||
| El Salvador [#] | 18 Sep 2000 | 18 Apr 2002 Rt | ||
| Estonia | 24 Sep 2003 | |||
| Finland [#] | 07 Sep 2000 | 10 Apr 2002 Rt | ||
| France [#] | 6 Sep 2000 | 5 Feb 2003 Rt | ||
| Gabon | 8 Sep 2000 | |||
| Gambia | 21 Dec 2000 | |||
| Germany | 6 Sep 2000 | |||
| Ghana | 24 Sep 2003 | |||
| Greece [#] | 7 Sep 2000 | 22 Oct 2003 Rt | ||
| Guatemala [#] | 7 Sep 2000 | 9 May 2002 Rt | ||
| Guinea-Bissau | 8 Sep 2000 | |||
| Haiti | 15 Aug 2002 | |||
| Holy See [#] | 10 Oct 2000 | 24 Oct 2001 Rt | ||
| Honduras [#] | 14 Aug 2002 a | |||
| Hungary | 11 Mar 2002 | |||
| Iceland [#] | 7 Sep 2000 | 1 Oct 2001 Rt | ||
| Indonesia | 24 Sep 2001 | |||
| Ireland [#] | 7 Sep 2000 | 18 Nov 2002 Rt | ||
| Israel | 14 Nov 2001 | |||
| Italy [#] | 6 Sep 2000 | 9 May 2002 Rt | ||
| Jamaica [#] | 8 Sep 2000 | 9 May 2002 Rt | ||
| Japan | 10 May 2002 | |||
| Jordan | 6 Sep 2000 | |||
| Kazakhstan [#] | 6 Sep 2000 | 10 Apr 2003 Rt | ||
| Kenya [#] | 8 Sep 2000 | 28 Jan 2002 Rt | ||
| Kyrgyzstan [#] | 13 Aug 2003 a | |||
| Latvia | 1 Feb 2002 | |||
| Lebanon | 11 Feb 2002 | |||
| Lesotho [#] | 6 Sep 2000 | 24 Sep 2003 Rt | ||
| Liechtenstein | 8 Sep 2000 | |||
| Lithuania [#] | 13 Feb 2002 | 20 Feb 2003 Rt | ||
| Luxembourg | 8 Sep 2000 | |||
| Madagascar | 7 Sep 2000 | |||
| Malawi | 7 Sep 2000 | |||
| Maldives | 10 May 2002 | 16 May 2002 Rt | ||
| Mali [#] | 8 Sep 2000 | 9 May 2002 Rt | ||
| Malta [#] | 7 Sep 2000 | |||
| Mauritius | 11 Nov 2001 | |||
| Mexico [#] | 7 Sep 2000 | 15 Mar 2002 Rt | ||
| Micronesia (Federated States of) | 08 May 2002 | |||
| Monaco [#] | 26 Jun 2000 | 13 Nov 2001 Rt | ||
| Mongolia | 12 Nov 2001 | |||
| Morocco [#] | 8 Sep 2000 | 22 May 2002 Rt | ||
| Namibia [#] | 8 Sep 2000 | 16 Apr 2002 Rt | ||
| Nepal | 8 Sep 2000 | |||
| Netherlands | 7 Sep 2000 | |||
| New Zealand3 | 7 Sep 2000 | 12 Nov 2001 Rt | ||
| Nigeria | 8 Sep 2000 | |||
| Norway [#] | 13 Jun 2000 | 23 Sep 2003 Rt | ||
| Pakistan | 26 Sep 2001 | |||
| Panama [#] | 31 Oct 2000 | 8 Aug 2001 Rt | ||
| Paraguay [#] | 13 Sep 2000 | 27 Sep 2002 Rt | ||
| Peru [#] | 1 Nov 2000 | 8 May 2002 Rt | ||
| Philippines [#] | 8 Sep 2000 | 26 Aug 2003 Rt | ||
| Poland | 13 Feb 2002 | |||
| Portugal [#] | 6 Sep 2000 | 19 Aug 2003 Rt | ||
| Qatar [#] | 25 Jul 2002 a | |||
| Republic of Korea | 06 Sep 2000 | |||
| Republic of Moldova | 08 Feb 2002 | |||
| Romania [#] | 6 Sep 2000 | 10 Nov 2001 Rt | ||
| Russian Federation | 15 Feb 2001 | |||
| Rwanda [#] | 23 Apr 2002 a | |||
| San Marino | 5 Jun 2000 | |||
| Senegal [#] | 8 Sep 2000 | 3 Mar 2004 Rt | ||
| Serbia and Montenegro [#] | 8 Oct 2001 | 31 Jan 2003 Rt | ||
| Seychelles | 23 Jan 2001 | |||
| Sierra Leone [#] | 8 Sep 2000 | 15 May 2002 Rt | ||
| Singapore | 7 Sep 2000 | |||
| Slovakia | 30 Nov 2001 | |||
| Slovenia | 8 Sep 2000 | |||
| South Africa | 8 Feb 2002 | |||
| Spain [#] | 6 Sep 2000 | 8 Mar 2002 Rt | ||
| Sri Lanka [#] | 21 Aug 2000 | 8 Sep 2000 Rt | ||
| Sudan | 9 May 2002 | |||
| Suriname | 10 May 2002 | |||
| Sweden [#] | 8 Jun 2000 | 20 Feb 2003 Rt | ||
| Switzerland [#] | 7 Sep 2000 | 26 Jun 2002 Rt | ||
| Syrian Arab Republic [#] | 17 Oct 2003 a | |||
| Tajikistan [#] | 5 Aug 2002 a | |||
| The Former Yugoslav Republic of Macedonia [#] | 17 Jul 2001 | 12 Jan 2004 Rt | ||
| Togo | 15 Nov 2001 | |||
| Tunisia [#] | 22 Apr 2002 | 2 Jan 2003 Rt | ||
| Turkey | 8 Sep 2000 | |||
| Uganda [#] | 6 May 2002 a | |||
| Ukraine | 7 Sep 2000 | |||
| United Kingdom of Great Britain and Northern Ireland [#] | 7 Sep 2000 | |||
| United States of America [#] | 5 Jul 2000 | 23 Dec 2002 Rt | ||
| Uruguay [#] | 7 Sep 2000 | 9 Sep 2003 Rt | ||
| Venezuela [#] | 7 Sep 2000 | 23 Sep 2003 Rt | ||
| Viet Nam [#] | 8 Sep 2000 | 20 Dec 2001 Rt | ||
|
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Declarations and Reservations
(Unless otherwise indicated, the declaraitons and reservations were made upon ratification or accession.)
Declaration
.....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.
Declaration
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
Declaration
The Argentine Republic declares that the minimum age required for voluntary recruitment into the national Armed Forces is eighteen (18) years.
Declaration
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
Azerbaijan [up]
Declaration
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.
Bangladesh [up]
Declaration
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 hereunder 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.
Upon signature
Upon ratification
Declarations
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
Declaration
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.
Declaration
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.
Declaration
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).
Declaration
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
Declaration
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.
Cape Verde [up]
Declaration
[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
Declaration
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
Declaration
The Government of Chile states that, in accordance with its domestic law, the minimum age for the voluntary recruitment of persons into its national armed forces is 17 or 18 years, and on an exceptional basis persons who have attained 16 years of age and meet certain criteria may participate in such programmes for shorter periods with the prior approval of the Director-General of the General Directorate for National Mobilization of the Ministry of National Defence and with the due consent of the parents or legal guardians.
Costa Rica [up]
Declaration
.....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
Declaration
... 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.
Declaration
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
Democratic Republic of the Congo [up]
Declaration
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
Denmark
Declaration
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.
Declarations
.....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 withdawal.
Declaration
.....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
Declaration
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.
Declaration
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
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 conflicts, Greece declares that the minimum age at which voluntary recruitment in the Greek armed forces is permitted by national law, is 18 years.
Declaration
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
Declaration
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.
Declaration
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
Declaration
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.
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 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.
Declaration
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
Declaration
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.
Kazakhstan [up]
Declaration
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.
Declaration
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.
Kyrgyzstan [up]
Declaration
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").
Declaration
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.
Declaration
.....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.
Declaration
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
Declaration
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.
Declaration
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
Declaration
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
Declaration
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
Interpretative declaration
In ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, adopted by the General Assembly of the United Nations on 25 May 2000, the Government of the United Mexican States considers that any responsibility deriving therefrom for non-governmental armed groups for the recruitment of children under 18 years or their use in hostilities lies solely with such groups and shall not be applicable to the Mexican State as such. The latter shall have a duty to apply at all times the principles governing international humanitarian law
Declaration
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.
New Zealand
Declaration
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.
Declaration
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.
Declaration
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
Declaration
.....on behalf of the Government of the Republic of Paraguay, that in accordance with the relevant national and international legal norms, it has been decided to establish the age of sixteen (16) years as the minimum age for voluntary recruitment into the armed forces. Moreover, the measures adopted to permit voluntary recruitment will be in conformity with the principles laid down in article 3, paragraph 3 of the Optional Protocol
Declaration
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
Declaration
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.
Upon signature
Declaration
Concerning article 2 of the Protocol, the Portuguese Republic considering that it would have preferred the Protocol to exclude all types or 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.
Upon ratification
Declaration
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 legisation.
Declaration
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
Declaration
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.
Declaration
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.
Declaration
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
Declaration
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.
Declaration
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.
Declaration
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
Declaration
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.
Declaration
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
Declaration
.....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.
Declaration
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
Tajikistan [up]
Declaration
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
The Former Yugoslav Republic of Macedonia [up]
Declaration
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.
Declaration
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
Declaration
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.
United Kingdom of Great Britain and Northern Ireland [up]
Declaration made upon signature and confirmed upon ratification
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.
Upon ratification
Declaration
.....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 individual's entry into the Armed Forces and duly countersign the appropriate application or other appropriate recruitment process forms
Declaration
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.
Understandings
(1) NO ASSUMPTION OF OBLIGATIONS 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.
Declaration
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 reservation 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
Declaration
[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
Declaration
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.
Notes
1. For the Kingdom of Belgium. Further, on 23 June 2003, the Government of Belgium informed the Secretary-General that it had decided to withdraw its declaration made upon signature. The declaration reads as follows
This signature is equally binding on the French community, the Flemish community and the German-speaking community
2. With a territorial exclusion with respect of the Faroe Islands and Greenland. Further, on 23 January 2004, the Government of Denmark informed the Secretatry-General that it had decided to withdraw its territorial exclusion with regard to the Faroe Islands and Greenland made upon ratification. See also note 1 under "Denmark" in the "Historical Information" section in the front matter of this volume
3. With the following territorial exclusion
... 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.
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