On the ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

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The Law of the Republic of Kazakhstan dated July 4, 2001 No. 221

To ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, done in New York on 6 September 2000.

President N.Nazarbayev of the Republic of Kazakhstan

Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

The States Parties to this Protocol, encouraged by the widespread support The Convention on the Rights of the Child, which demonstrates a widespread commitment to the promotion and protection of the rights of the child, reaffirming that children's rights need special protection, and calling for the continuous improvement of the situation of children without distinction of any kind, as well as their development and education in an environment of peace and security, concerned about the harmful effects of and the widespread impact of armed conflict on children, as well as their long-term consequences for lasting peace, security and development, condemning attacks on children in situations of armed conflict, as well as direct attacks on facilities protected under international law, including places where large numbers of children are usually present, such as schools and hospitals, noting the adoption of the Statute The International Criminal Court, and in particular its classification as a war crime of actions related to conscription or mobilization of children under the age of 15., or with their active use in military operations within the framework of both international and non-international armed conflicts, thus considering that in order to promote more effective realization of the rights recognized in the Convention on the Rights of the Child, it is necessary to strengthen the protection of children from participation in armed conflicts, noting that article 1 of the Convention on the Rights of the Child provides that, for the purposes of this Convention, every human being is a child until the age of 18, unless, according to the law applicable to that child, he or she reaches the age of majority earlier, Convinced that the Optional protocol to the Convention, which raises the age of possible conscription of persons into the armed forces and their participation in hostilities, will effectively contribute to the implementation of the principle that the best interests of the child should be given priority in all actions concerning children, Noting that the Twenty-sixth International Conference of the Red Cross and the Red Cross The Crescent Conference, held in December 1995, recommended, in particular, The parties to the conflict should take all possible steps to ensure that children under the age of 18 do not participate in hostilities, welcoming the unanimous adoption in June 1999 of the International Labour Organization Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, which prohibits, in particular, forced labour. or the compulsory recruitment of children for use in armed conflict, condemning with the deepest concern the recruitment of, the training and use of children inside and outside the State in hostilities by armed groups other than the armed forces of the State, and recognizing the responsibility of those who recruit, train and use children for this purpose, recalling the obligation of each party to an armed conflict to comply with the provisions of international humanitarian law, emphasizing that this Protocol is without prejudice to the objectives of and the principles contained in the Charter of the United Nations, including Article 51, and relevant norms of humanitarian law, taking into account, That an environment of peace and security based on full respect for the purposes and principles set out in the Charter and on compliance with applicable human rights treaties is indispensable for the full protection of children, in particular during armed conflict and foreign occupation, recognizing the special needs of children who are particularly vulnerable to their recruitment and their use in hostilities contrary to this Protocol in connection with their economic or social status or gender, bearing in mind the need to take into account economic, The social and political causes of the involvement of children in armed conflict, Convinced of the need to strengthen international cooperation in the implementation of this Protocol, as well as in the physical and psychosocial rehabilitation and social reintegration of children who are victims of armed conflict, encouraging the participation of society, and in particular children and child victims, in the dissemination of information and educational programmes regarding the implementation of the Protocol, have agreed as follows:

Article 1

Participating States shall take all possible measures to ensure that members of their armed forces who have not reached the age of 18 do not take a direct part in hostilities.

Article 2

Participating States shall ensure that persons under the age of 18 are not subject to compulsory conscription into their armed forces.

Article 3

1. States Parties shall raise the minimum age for voluntary conscription of persons into their national armed forces from the age specified in article 38, paragraph 3, of the Convention on the Rights of the Child, taking into account the principles contained in that article and recognizing that, under the Convention, persons under the age of 18 are entitled to special protection. 2. Each State Party, upon ratifying or acceding to this Protocol, shall deposit a binding declaration specifying the minimum age at which it allows voluntary conscription into its national armed forces and setting out the guarantees adopted by the State to ensure that such conscription is not forced or compulsory. 3. States Parties that allow voluntary conscription into their national armed forces of persons under the age of 18 shall provide guarantees that, at a minimum, ensure that: (a) such conscription is actually voluntary; (b) such conscription is carried out with the informed consent of the person's parents or legal guardians; (c) such persons are are fully informed of the responsibilities associated with such military service; (d) Such persons provided reliable evidence of their age prior to their admission to national military service. 4. Each State Party may at any time strengthen the provisions of its declaration by sending a notification to the Secretary-General of the United Nations, who shall inform all States Parties. Such notification shall take effect on the date of its receipt by the Secretary General. 5. The requirement to raise the age contained in paragraph 1 of this article does not apply to educational institutions under the jurisdiction or control of the armed forces of the participating States, in accordance with articles 28 and 29 of the Convention on the Rights of the Child.

Article 4

1. Under no circumstances should armed groups other than the armed forces of the State recruit or use persons under the age of 18 in military operations. 2. States Parties shall take all possible measures to prevent such recruitment and use, including the adoption of legal measures necessary to prohibit and criminalize such practices. 3. The application of this article under this Protocol does not affect the legal status of any of the parties to the armed conflict.

Article 5

Nothing in this Protocol may be interpreted as excluding provisions contained in the legislation of a State Party or in international treaties and international humanitarian law that are more conducive to the realization of the rights of the child.

Article 6

1. Each State Party shall, within its jurisdiction, take all necessary legal, administrative and other measures to ensure the effective implementation and application of the provisions of this Protocol. 2. The Participating States undertake to ensure the wide dissemination and promotion by appropriate means of the principles and provisions of this Protocol among adults and children. 3. States Parties shall take all possible measures to ensure that persons under their jurisdiction who have been recruited or used in hostilities contrary to this Protocol are demobilized or otherwise released from military service. If necessary, States Parties shall provide these persons with all appropriate assistance for the restoration of their physical and psychological condition, as well as their social reintegration.

Article 7

1. States Parties shall cooperate in the implementation of this Protocol, including in the prevention of any activities contrary to the Protocol and in the rehabilitation and social reintegration of persons who have been victims of acts contrary to this Protocol, including through technical cooperation and financial assistance. Such assistance and cooperation will be carried out in consultation with interested participating States and relevant international organizations. 2. States Parties in a position to do so shall provide such assistance through existing multilateral, bilateral or other programmes, or in particular through a voluntary fund established in accordance with the rules of the General Assembly.

Article 8

1. Each State Party shall, within two years of the entry into force of this Protocol for that State party, submit a report to the Committee on the Rights of the Child containing comprehensive information on the measures it has taken to implement the provisions of the Protocol, including measures taken to implement the provisions on participation and conscription. 2. Following the submission of a comprehensive report, each State party shall include in the reports it submits to the Committee on the Rights of the Child in accordance with article 44 of the Convention any additional information relevant to the implementation of the Protocol. The other States Parties to the Protocol shall submit a report every five years. 3. The Committee on the Rights of the Child may request additional information from States parties concerning the implementation of this Protocol.

Article 9

1. This Protocol is open for signature by any State that is a party to the Convention or which has signed it. 2. This Protocol is subject to ratification and is open for accession by any State. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations. 3. The Secretary-General, acting as the depositary of the Convention and the Protocol, shall notify all States Parties to the Convention and all States that have signed the Convention of the deposit of each declaration in accordance with article 13.

Article 10

1. This Protocol shall enter into force three months after the deposit of the tenth instrument of ratification or accession. 2. For each State that ratifies or accedes to this Protocol after its entry into force, this Protocol shall enter into force one month after the deposit of its instrument of ratification or accession.

Article 11

1. Any State Party may denounce this Protocol at any time by written notification to the Secretary-General of the United Nations, who shall thereafter inform the other States Parties to the Convention and all signatory States. The denunciation shall take effect one year after the date of receipt of the notification by the Secretary General. However, if an armed conflict takes place in the denouncing State Party on the expiration date of this year, the denunciation shall not take effect until the end of this armed conflict. 2. Such denunciation shall not release a State Party from its obligations provided for in this Protocol in respect of any action that occurred prior to the effective date of the denunciation. Similarly, such a denunciation in no way precludes the further consideration of any matter that has already been submitted to the Committee for consideration prior to the effective date of the denunciation.

Article 12

1. Any State Party may propose an amendment and submit it to the Secretary-General of the United Nations. The Secretary-General shall then transmit the proposed amendment to the States Parties with a request to indicate whether they favour the convening of a conference of the States Parties for the purpose of considering and voting on the proposals. If, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at that Conference shall be submitted to the General Assembly for approval. 2. An amendment adopted in accordance with paragraph 1 of this article shall enter into force upon approval by the General Assembly of the United Nations and acceptance by a two-thirds majority of the States Parties. 3. When an amendment enters into force, it shall become binding on those States Parties that have accepted it, while the provisions of this Protocol and any previous amendments that they have accepted shall remain binding on other States Parties.

Article 13

1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of this Protocol to all States Parties to the Convention and to all signatory States.

President

Republic of Kazakhstan

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