Volume2173,A-27531
[ENGLISHTEXT—TEXTEANGLAIS]
OPTIONAL PROTOCOL TOTHECONVENTION ON THERIGHTSOF THECHILDONTHEINVOLVEMENTOFCHILDRENINARMEDCONFLICT
TheStatesPartiestothepresentProtocol,
Encouraged by the overwhelming support for the Convention on the Rights of theChild, demonstrating the widespread commitment that exists to strive for the promotionandprotection of the rights ofthechild,
Reaffirming that the rights of children require special protection, and calling for con-tinuousimprovementofthesituationofchildrenwithoutdistinction,aswellasfortheirde-velopmentand educationinconditionsof peaceand security,
Disturbedbytheharmfulandwidespreadimpactofarmedconflictonchildrenandthelong-termconsequencesthishasfordurablepeace,security anddevelopment,
Condemningthetargetingofchildreninsituationsofarmedconflictanddirectattackson objects protected under international law, including places generally having a signifi-cantpresenceof children, suchasschools and hospitals,
Noting the adoption of the Statute of the International Criminal Court and, in particu-lar, its inclusion as a war crime of conscripting or enlisting children under the age of 15yearsorusingthemtoparticipateactivelyinhostilitiesinbothinternationalandnon-inter-nationalarmed conflicts,
Considering, therefore, that to strengthen further the implementation of rights recog-nizedintheConventionontheRightsoftheChildthereisaneedtoincreasetheprotectionofchildren from involvement in armed conflict,
Notingthatarticle1oftheConventionontheRightsoftheChildspecifiesthat,forthepurposes of that Convention, a child means every human being below the age of 18 yearsunless,underthe lawapplicableto thechild, majority isattainedearlier,
Convinced that an optional protocol to the Convention raising the age of possible re-cruitment of persons into armed forces and their participation in hostilities will contributeeffectively to the implementation of the principle that the best interests of the child are tobeaprimaryconsiderationinall actions concerningchildren,
Notingthatthetwenty-sixthinternationalConferenceoftheRedCrossandRedCres-centinDecember1995recommended,interalia,thatpartiestoconflicttakeeveryfeasiblesteptoensurethatchildrenundertheage of18yearsdonot takepartin hostilities,
Welcoming the unanimous adoption, in June 1999, of International Labour Organiza-tion Convention No. 182 on the Prohibition and Immediate Action for the Elimination oftheWorstFormsofChildLabour,whichprohibits,interalia,forcedorcompulsoryrecruit-mentof children foruseinarmedconflict,
Condemning with the gravest concern the recruitment, training and use within andacross national borders of children in hostilities by armed groups distinct from the armedforcesofaState,andrecognizingtheresponsibilityofthosewhorecruit,trainandusechil-drenin thisregard,
Recalling the obligation of each party to an armed conflict to abide by the provisionsofinternational humanitarian law,
Stressing that this Protocol is without prejudice to the purposes and principles con-tainedintheCharteroftheUnitedNations,includingArticle51,andrelevantnormsofhu-manitarianlaw,
Bearinginmindthatconditionsofpeaceandsecuritybasedonfullrespectofthepur-poses and principles contained in the Charter and observance of applicable human rightsinstrumentsareindispensableforthefullprotectionofchildren,inparticularduringarmedconflictsand foreign occupation,
Recognizing the special needs of those children who are particularly vulnerable to re-cruitment or use in hostilities contrary to this Protocol owing to their economic or socialstatusorgender,
Mindfulofthenecessityoftakingintoconsiderationtheeconomic,socialandpoliticalrootcausesof the involvementofchildren in armedconflicts,
Convinced of the need to strengthen international cooperation in the implementationof this Protocol, as well as the physical and psychosocial rehabilitation and social reinte-grationof childrenwho arevictimsofarmedconflict,
Encouraging the participation of the community and, in particular, children and childvictims in the dissemination of informational and educational programmes concerning theimplementationof the Protocol,
Haveagreedasfollows:
Article1
States Parties shall take all feasible measures to ensure that members of their armedforceswhohave notattained theageof 18yearsdonottakeadirect partinhostilities.
Article2
States Parties shall ensure that persons who have not attained the age of 18 years arenotcompulsorily recruitedinto their armedforces.
Article3
StatesPartiesshallraisetheminimumageforthevoluntaryrecruitmentofpersonsintotheirnationalarmedforcesfromthatsetoutinarticle38,paragraph3,oftheConven-tionontheRightsoftheChild,takingaccountoftheprinciplescontainedinthatarticleandrecognizingthatundertheConventionpersonsunder18areentitledtospecialprotection. Each State Party shall deposit a binding declaration upon ratification of or acces-sion to this Protocol that sets forth the minimum age at which it will permit voluntary re-cruitment into its national armed forces and a description of the safeguards that it hasadoptedto ensurethat such recruitmentisnotforced orcoerced. States Parties that permit voluntary recruitment into their national armed forcesundertheage of18shallmaintainsafeguardstoensure, asa minimum,that: Suchrecruitmentisgenuinelyvoluntary; Such recruitment is done with the informed consent of the person=s parents orlegalguardians; Suchpersonsarefullyinformedofthedutiesinvolvedinsuchmilitaryservice; Such persons provide reliable proof of age prior to acceptance into national mil-itaryservice. Each State Party may strengthen its declaration at any time by notification to thateffectaddressedtotheSecretary-GeneraloftheUnitedNations,whoshallinformallStatesParties.SuchnotificationshalltakeeffectonthedateonwhichitisreceivedbytheSecre-tary-General. Therequirementtoraisetheageinparagraph1ofthepresentarticledoesnotapplyto schools operated by or under the control of the armed forces of the States Parties, in keep-ingwith articles 28and 29 of theConvention onthe Rightsof the Child.
Article4
ArmedgroupsthataredistinctfromthearmedforcesofaStateshouldnot,underanycircumstances,recruitorusein hostilitiespersonsunder theageof18years. StatesPartiesshalltakeallfeasiblemeasurestopreventsuchrecruitmentanduse,including the adoption of legal measures necessary to prohibit and criminalize such prac-tices. The application of the present article under this Protocol shall not affect the legalstatusofany partyto an armed conflict.
Article5
NothinginthepresentProtocolshallbeconstruedasprecludingprovisionsinthelawof a State Party or in international instruments and international humanitarian law that aremoreconducive tothe realizationof the rights ofthe child.
Article6
Each State Party shall take all necessary legal, administrative and other measuresto ensure the effective implementation and enforcement of the provisions of this Protocolwithinitsjurisdiction. States Parties undertake to make the principles and provisions of the present Pro-tocolwidelyknown andpromotedby appropriatemeans,to adultsandchildren alike. States Parties shall take all feasible measures to ensure that persons within theirjurisdictionrecruitedorusedinhostilitiescontrarytothisProtocolaredemobilizedoroth-erwisereleasedfromservice.StatesPartiesshall,whennecessary,accordtothesepersons
allappropriateassistancefortheirphysicalandpsychologicalrecoveryandtheirsocialre-integration.
Article7
States Parties shall cooperate in the implementation of the present Protocol, in-cluding in the prevention of any activity contrary to the Protocol and in the rehabilitationandsocialreintegrationofpersonswhoarevictimsofactscontrarytothisProtocol,includ-ing through technical cooperation and financial assistance. Such assistance and cooperationwillbeundertakeninconsultationwithconcernedStatesPartiesandrelevantinternationalorganizations. StatesPartiesinapositiontodososhallprovidesuchassistancethroughexistingmultilateral, bilateral or other programmes, or, inter alia, through a voluntary fund estab-lishedin accordancewiththerulesofthe GeneralAssembly.
Article8
Each State Party shall submit, within two years following the entry into force ofthe Protocol for that State Party, a report to the Committee on the Rights of the Child pro-viding comprehensive information on the measures it has taken to implement the provi-sionsoftheProtocol,includingthemeasurestakentoimplementtheprovisionsonparticipationand recruitment. Following the submission of the comprehensive report, each State Party shall in-cludeinthereportstheysubmittotheCommitteeontheRightsoftheChild,inaccordancewitharticle44oftheConvention,anyfurtherinformationwithrespecttotheimplementa-tion of the Protocol. Other States Parties to the Protocol shall submit a report every fiveyears. TheCommitteeontheRightsoftheChildmayrequestfromStatesPartiesfurtherinformationrelevant tothe implementation ofthis Protocol.
Article9
The present Protocol is open for signature by any State that is a party to the Con-ventionor hassigned it. The present Protocol is subject to ratification and is open to accession by any State.InstrumentsofratificationoraccessionshallbedepositedwiththeSecretary-GeneraloftheUnitedNations. TheSecretary-General,inhiscapacityasdepositaryoftheConventionandthePro-tocol, shall inform all States Parties to the Convention and all States that have signed theConventionofeachinstrumentof declarationpursuant toarticle13.
Article10
The present Protocol shall enter into force three months after the deposit of thetenthinstrument ofratification oraccession. For each State ratifying the present Protocol or acceding to it after its entry intoforce, the present Protocol shall enter into force one month after the date of the deposit ofitsowninstrument ofratification oraccession.
Article11
Any State Party may denounce the present Protocol at any time by written notifi-cationtotheSecretary-GeneraloftheUnitedNations,whoshallthereafterinformtheotherStatesPartiestotheConventionandallStatesthathavesignedtheConvention.Thedenun-ciation shall take effect one year after the date of receipt of the notification by the Secretary-General. If, however, on the expiry of that year the denouncing State Party is engaged inarmedconflict,thedenunciationshallnottakeeffectbeforetheendofthearmedconflict. Such a denunciation shall not have the effect of releasing the State Party from itsobligations under the present Protocol in regard to any act that occurs prior to the date onwhich the denunciation becomes effective. Nor shall such a denunciation prejudice in anyway the continued consideration of any matter that is already under consideration by theCommitteepriortothe date onwhich thedenunciation becomes effective.
Article12
AnyStatePartymayproposeanamendmentandfileitwiththeSecretary-Generalof the United Nations. The Secretary-General shall thereupon communicate the proposedamendment to States Parties, with a request that they indicate whether they favour a con-ference of States Parties for the purpose of considering and voting upon the proposals. Inthe event that, within four months from the date of such communication, at least one thirdof the States Parties favour such a conference, the Secretary-General shall convene the con-ference under the auspices of the United Nations. Any amendment adopted by a majorityofStatesPartiespresentandvotingattheconferenceshallbesubmittedtotheGeneralAs-semblyfor approval. Anamendmentadoptedinaccordancewithparagraph1ofthepresentarticleshallenterintoforcewhenithasbeenapprovedbytheGeneralAssemblyoftheUnitedNationsandacceptedby atwo-thirds majority ofStates Parties. When an amendment enters into force, it shall be binding on those States Partiesthathaveacceptedit,otherStatesPartiesstillbeingboundbytheprovisionsofthepresentProtocolandanyearlieramendmentsthattheyhaveaccepted.
Article13
ThepresentProtocol,ofwhichtheArabic,Chinese,English,French,RussianandSpanishtextsareequallyauthentic,shallbedepositedinthearchivesoftheUnitedNations.
TheSecretary-GeneraloftheUnitedNationsshalltransmitcertifiedcopiesofthepresent Protocol to all States Parties to the Convention and all States that have signed theConvention.
