11.b. Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict New York, 25 May 2000

Note: The Optional Protocol was adopted by resolution A/RES/54/263 of 25 May 2000 at the fifty-fourth session of the General Assembly of the United Nations. In accordance with its article 9 (1), the Optional Protocol will be open for signature by any State that is a party to the Convention or has signed it.

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations
were made upon ratification or accession.)

Not disclosed on OLA website

China

China : communication in respect of Hong Kong and Macao

Available on OLA website

Afghanistan

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."

Andorra

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.

Argentina

Declaration:

"The Argentine Republic declares that the minimum age required for voluntary recruitment into the national Armed Forces is eighteen (18) years."

Armenia

Declaration:

"According to Article 47 of the Constitution of the Republic of Armenia "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."

Australia

Declaration:

"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."

Austria

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

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."

Bahrain

Declaration:

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

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."

Belarus

Declaration:

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.

Belgium 1

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.

Belize

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."

Benin

Declaration:

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.

Bolivia

Declaration:

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.

Bosnia and Herzegovina

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."

Botswana

Declaration:

"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."

Brazil

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)."

Bulgaria

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.

Cambodia

Declaration:

"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

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

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.

Chad

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.

Chile

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."

Colombia

Declaration:

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 unless 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.

Costa Rica

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.

Croatia

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."

Cuba

Declaration:

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.

Czech Republic

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

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."

Dominica

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."

Ecuador

Declaration:

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' ".

Egypt

Declaration :

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

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.

Eritrea

Declaration:

"The State of Eritrea declares that the minimum age for the recruitment of persons into the armed forces is eighteen years."

Finland

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."

France

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.

Greece

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."

Germany

Declaration:

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.

Guatemala

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. '

Holy See

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."

Honduras

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.

Iceland

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."

India

Declarations:

"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."

Ireland

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."

Israel

Declarations:

"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."

Italy

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.

Jamaica

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."

Japan

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 Japan declares as follows:

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, with the exception of the cases of the students solely receiving educational training at the schools within the structure of the Japan Self-Defense Forces ( hereinafter referred to as "the Youth Cadets"), which come under "schools"stipulated in Article 3, paragraph 5 of the Optional Protocol.

The minimum age of recruitment of the Youth Cadets is 15 years.

In Japan, the safeguards to ensure that the recruitment of the Youth Cadets is not forced or coerced are as follows:

1. In accordance with the provisions of the Law on the Japan Self-Defense Forces (Law No 165/1954), the recruitment of personnel of the Japan Self-Defense Forces including the Youth Cadets is required to be based upon examination or selection, and it is prohibited to use such measures as threat, compulsion and similar means with the intention of realizing unjust recruitment of the members.

2. Further, in recruiting the Youth Cadets, the following shall be confirmed beforehand in accordance with the Instruction on the recruitment of the students of the Japan Self-Defense Forces (Japan Defense Agency Instruction No 51/1955).

(1) Either the person who executes the parental authority over a Youth Cadet or his/her guardian gives consent to the recruitment.

(2) The candidate for a Youth Cadet is fully informed of the duties to be involved in advance.

(3) A proof of the age of the Youth Cadets for being at or over 15 years is provided by a certifying document.

Kazakhstan

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."

Kenya

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."

Kuwait

Declaration:

.....the Government of the State of Kuwait is committed to maintaining the minimum 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.

Kyrgyzstan

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")."

Lao People's Democratic Republic

Declaration:

"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.' "

Latvia

Declaration:

"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."

Lesotho

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."

Libyan Arab Jamahiriya

Declaration:

...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

Declaration:

"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."

Lithuania

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."

Luxembourg

Declaration:

The Government of the Grand Duchy of Luxembourg declares that, in accordance with article 3 of the Protocol, the minimum age at which voluntary recruitment to the army of Luxembourg shall be permitted is 17 years.

The following principles shall be observed in recruiting persons aged 17 years:

1. Recruitment shall be on a voluntary basis.

2. Voluntary recruits under the age of 18 must have the written consent of their parents or legal guardian.

3. Voluntary recruits under the age of 18 may not take part in the following military operations:

(1) At the national level:

(a) The defence of the Grand Duchy's territory in the event of armed conflict.

(2) At the international level:

(a) Contributing to the collective or common defence within the framework of the international organizations of which the Grand Duchy is a member;

(b) Taking part within such a framework in humanitarian and evacuation missions, peacekeeping missions, and combat missions for crisis management, including peacemaking operations.

4. Voluntary recruits shall be fully informed, prior to their recruitment, of the duties connected with military service.

5. Voluntary recruits may withdraw from their military service at any time.

Madagascar

Declaration:

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.

Maldives

Declaration:

"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. "

Mali

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.

Malta

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."

Monaco

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.

Mongolia

Declaration:

"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."

Morocco

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.

Montenegro

Declaration:

"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."

Mexico

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 th