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Czech Republic - Consideration of reports submitted by States parties under Article 8(1) of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict: Initial reports of States parties due in 2004 [2005] UNCRCSPR 28; CRC/C/OPAC/CZE/1 (15 August 2005)
UNITED NATIONS
|
|
CRC
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Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/OPAC/CZE/1 15 August 2005
Original: ENGLISH
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COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 8 (1) OF THE OPTIONAL
PROTOCOL TO THE
CONVENTION ON THE RIGHTS OF THE CHILD ON THE
INVOLVEMENT OF CHILDREN IN ARMED CONFLICT
Initial reports of States parties due in 2004
CZECH
REPUBLIC[*]
[30 June 2005]
Introduction
- The
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict (hereinafter referred
to as the
“Protocol”) was adopted in New York on 25 May 2000. The
Protocol was signed on behalf of the Czech Republic
in New York on
6 September 2000 and approved by the Parliament of the Czech Republic in
accordance with Article 39, paragraph 4 of
the Constitution of the Czech
Republic (Constitutional Act No. 1/1993, the Constitution of the Czech
Republic, as amended by subsequent constitutional legislation) as an
international treaty on human rights and fundamental
freedoms in terms of
Article 10 of the Constitution. Following ratification by the President of
the Czech Republic, the instrument of ratification was deposited with the
Secretary
General of the United Nations, the Protocol’s depositary, on 30
November 2001. The Protocol was promulgated by notice No.
45/2003 in the
Journal of International Treaties (“Sbírka
mezinárodních smluv”). In accordance with its Article
10, paragraph 1, the Protocol entered into force, i.a. for the
Czech Republic, on 12 February 2002.
This report is submitted pursuant to
Article 8, paragraph 1 of the Protocol. In accordance with Article 3,
paragraph 2 of the Protocol,
the Czech Republic deposited a binding
declaration upon ratification stating that the minimum age for voluntary
recruitment into
its national armed forces is 18 years. This age limit is
prescribed by the Military Obligation
Act.[1]
- The
Constitution of the Czech Republic establishes the primacy of promulgated
international treaties, the ratification of which has been approved
by the
Parliament and which are binding on the Czech Republic. The Protocol is an
international treaty in terms of Article 10 of
the Constitution;
accordingly, it is part of the national legislation. This means that the
Protocol is directly binding and takes precedence over
national laws.
Article 1
- The
Czech Republic’s legislation does not explicitly define hostilities and
persons taking part in them. Czech jurisprudence
generally uses these terms in
the meaning they have in international public law, or derives the meanings from
military terminology.
The duty of members of the armed forces to take direct
part in hostilities arises from the tasks assigned to the armed forces
under
the Armed Forces Act,[2]
from the military oath of allegiance and the Basic Code of the armed
forces.[3]
- Members
of the armed forces must be over 18 years old. This age-limit cannot be lowered
in any crisis situations (see paragraph 6).
According to ordinary court
rulings, members of the armed forces in a combat situation are expected to do
everything in their power
to oppose the enemy in accordance with their military
duty. Again, the terms are defined only for the purposes of the branches of
law
that use them.[4] The meaning
of “combat”, as derived from military terminology, is the principal
form of activity of the armed forces,
aimed to destroy the enemy or to take him
prisoner and to occupy important areas. “Combat activity” means
organized
use of forces and means to fulfil the assigned combat
tasks.
- The
legislation regulating enlistment in the armed forces and security corps does
not permit enlistment, compulsory or voluntary,
of persons under 18 years of
age. It was in force at the time of the Czech Republic’s accession to the
Protocol; accordingly,
no special legislative measures were necessary for the
application of Article 1.
- Decisions
to declare the state of emergency, state of national danger or the state of war
depend on the intensity and nature of the
threat[5] and size of the
threatened area. The state of emergency or national danger may concern a
specific area or the whole country, while
the state of war always concerns the
whole country.
- The
state of emergency is declared in the event of natural disasters, environmental
or industrial accidents or similar contingencies.
- The
state of national danger is declared in the event of an imminent threat to the
country’s sovereignty, territorial integrity
or democratic system. The
threat may be internal, not related to national defence, or external, of
military nature.
- The
state of war is declared if the Czech Republic is under attack, or required to
fulfil its collective defence commitments.
- The
state of emergency is declared by the Government. If there is danger in delay,
it can be declared by the Prime Minister, whose
decision must be endorsed or
cancelled by the Government within 24 hours. The state of national danger is
declared by the Parliament
at the Government’s request. The power to
decide on the declaration of the state of war is vested in the Parliament. The
maximum duration of the state of emergency is thirty days and its extensions are
subject to prior consent of the Parliament’s
Chamber of Deputies. The
state of national danger and the state of war are declared for an indefinite
period, for the duration of
the threat. Notices declaring and terminating the
state of emergency, national danger or war are published in the Journal of Laws
(“Sbírka zákonů”) and in the media. The
necessary restriction of rights and imposition of additional duties in crisis
situations is permitted by the
Charter of Fundamental Rights and Freedoms. Any
restrictions must be lifted when the crisis comes to an end.
Forces ensuring the security of the Czech
Republic
- The
Czech Republic’s security is ensured by its armed forces and security
corps.[6] The armed force most
likely to take part in armed conflicts is the Czech Republic Army. The security
corps with a major role in
such situation would be the Czech Republic Police.
The role of other elements remains hypothetical. Persons under 18 years of age
not accepted into any of these structures, with the exception of Army and Police
secondary schools.[7] Members
of the security corps might, in theory, take part in combat, even though this is
not their primary function. No member
of these corps may be under 18 years old,
and this age limit cannot be lowered in crisis
situations.
(a) Armed forces
- The
mechanism for meeting the manpower requirements of the Czech Republic Army is
based on the military
obligation.[8] Citizens of the
Czech Republic incur the military obligation on attaining 18 years of age.
People who acquire Czech citizenship
after reaching this age incur the
obligation on the date of acquiring Czech citizenship.
- The
scope and content of the military obligation are defined in the Military
Obligation Act.[9] This
legislation contains detailed rules on the military obligation, including rules
on voluntary assumption of the military
obligation[10] and the
procedures for fulfilling the
obligation.[11] It creates
Regional Military Commands to perform administrative functions related to the
military obligation[12] (for
details see Article 2). It regulates the call-up procedure during the state of
national danger and the state of war, and defines
the Government’s and
President’s competences, especially as regards armed forces
mobilization.
Military obligation
- “Military
obligation” means the duty to perform the tasks of the Czech
Republic’s armed forces (hereinafter referred
to as the “armed
forces”), including the duty to undergo draft proceedings, to perform
active military service and other
duties. It concerns only citizens of the
Czech Republic between 18 and 60 years of age. Citizens under 18 years of age
do not incur
such obligation and cannot assume it voluntarily.
- “Draft
obligation” means the duty to undergo draft proceedings, including medical
assessment of fitness for military service.
The citizen incurs this duty on
attaining 18 years of age. Depending on the result of the draft proceedings, he
is graded as fit
or unfit for military service (for details, see Article
2).
- In
situations other than the state of national danger or state of war,
“active military service” may take the form of
basic recruit
training, regular service in terms of the Regular Soldiers
Act[13] and military training
exercises or emergency military exercises. During the state of national danger
or state of war, active military
service takes the form of “emergency
service”.
- A
citizen becomes a “soldier” on the date of entry into force of a
decision grading him fit for active service. Soldiers
must report for active
military service at a specified time, and must perform the service personally.
A soldier performing any of
the above duties is a “soldier in active
service”.
(b) Czech Republic Police
- A
citizen of the Czech Republic over 18 years of age may join any armed corps,
subject to conditions such as good moral character,
professional qualifications,
physical and mental fitness for
service.[14]
Article 2
- According
to the new Military Obligation Act that took effect on 1 January 2005, Czech
citizens incur the military obligation at the
age of 18, like under the previous
legislation. However, the obligation will be fulfilled on a compulsory basis
only during the
state of national danger or the state of war. Accordingly,
draft proceedings will take place only in crisis situations. The military
obligation terminates when the citizen reaches retirement age.
- According
to the new policy concept for building the Czech Republic’s armed forces,
the peacetime armed forces are fully professional.
Enlistment is voluntary and
the service is based on a contract between a citizen and the State. Citizens
are still subject to the
constitutional military obligation, but will have to
fulfil it only during the state of national danger or the state of war.
Similarly,
participation in military training exercises will be compulsory only
in crisis situations. In peacetime, reserve soldiers may take
part in training
on a voluntary
basis.[15]
Draft proceedings
- As
mentioned above, draft proceedings will take place only during the state of
national danger or the state of war. Before the proceedings
begin, the Regional
Military Command will distribute questionnaires for the purposes of initial
registration. Completion of the
questionnaire will be the citizen’s first
duty under the Military Obligation Act. The questionnaire contains personal
data,
including data on the respondent’s health
condition.[16] The
proceedings will be conducted by Draft Boards at each Regional Military Command.
To guarantee impartiality of decisions, the
Board will include soldiers as well
as civilian members.
- The
citizen will thus appear before a Draft Board comprising members of the military
administrative authorities, local government
representatives and two civilian
physicians. The citizen will be required to present an identity document and
documents proving
special skills or qualifications, such as a driving licence or
medical certificate. The Draft Board’s decision has the status
of an
administrative decision and can be reviewed by court.
- The
decision may grade the citizen as fit for active service without limitations,
fit with certain limitations, temporarily or permanently
unfit.[17] The Military
Obligation Act permits temporary exemptions from the military
obligation.[18]
Article 3
- The
only type of armed forces/security corps schools for students under 18 years of
age are secondary
schools.[19] They are
established in accordance with the Education
Act[20] and their general
education policies are subject to agreement with the Ministry of Education,
Youth and Sports. Students are admitted
at the age of fifteen years, after
completing compulsory school attendance. Candidates must pass admission tests
covering academic
abilities as well as medical
fitness.
- Complaints
made by students and their parents are processed in accordance with a general
regulation on individual
complaints.[21]
Schools run by the armed forces
- “Military
schools” are military secondary vocational and technical schools. They
are subject to the Education
Act,[22] except for clearly
identified rules that do not concern the type of education and training provided
by these schools. Military schools
are established, abolished and run by the
Defence Ministry. Their general education policies are subject to agreement
with the Ministry
of Education, Youth and Sports (hereinafter referred to as the
“Education Ministry”); however, some of the functions
of the
Education Ministry and other central authorities are transferred to the Defence
Ministry or the Defence Minister.
- The
service of students and teachers who are soldiers in active service is subject
to special regulations, e.g. the Military Obligation
Act.
- Students
entering military schools are not soldiers and do not become soldiers in the
course of study. This rule would continue to
apply in crisis situations:
teachers-soldiers would be detailed to other duties and the schools temporarily
closed down. Military
school graduates do not incur any financial or other
obligations towards the armed forces. There is no pressure on the students
to
apply for regular army jobs.
- Beside
general education, military secondary schools provide education and training for
duties on the warrant officer level, training
for a chosen specialization, as
well as full secondary vocational and technical education. The study lasts four
years and is concluded
with a standard school-leaving examination. Graduates
are well prepared for transfer into the civilian sector after the end of
military
career. The schools run by the armed forces currently include:
- Military
Secondary School at Vyškov, training specialists for the artillery and
engineer corps; other fields of study include military chemistry, vehicle
operation and
maintenance, military catering, economy and equipment
support.
- Military
Secondary School in Brno, training specialists for duties on the warrant
officer level in three fields with fifteen specializations, including ground
forces
equipment support, air force technical and equipment support, air
defence, air force and communication systems.
- Military
Conservatory at Ústí nad Labem, a specific type of military
secondary school training musicians for duties on the warrant officer and junior
officer levels in military
music bands (instrumentalists and bandmasters); the
study lasts six years and is concluded with a school-leaving examination.
- Defence
Ministry Secondary Technical School at Moravská Třebová,
providing comprehensive secondary education according to the
“Lyceum” education programme, with emphasis on management,
IT and
foreign languages.
- The
schools in Vyškov, Brno and Roudnice nad Labem are in the process of
downsizing and have not admitted new students since
the 2003/2004 academic year.
The present students will be able to complete their study programmes. The
downsizing process will end
in
2006.
School
|
Number of students
|
2004
|
2005
|
2006
|
2007
|
Defence Ministry Secondary Technical School at Moravská
Třebová
|
300
|
265
|
250
|
250
|
Military Secondary School in Brno
|
200
|
162
|
83
|
0
|
Military Secondary School at Vyškov
|
300
|
142
|
80
|
0
|
Military Conservatory at Roudnice nad Labem
|
50
|
37
|
20
|
0
|
- The
main subjects are mathematics, Czech language, IT and languages. The students
are taught only the very basic notions and skills
of the military profession.
Beside subjects such as management, or military games with topics ranging from
orienteering, drill,
first aid to shooting practice, there are physical training
courses covering e.g. the MUSADO military combat system, military mountaineering
and swimming. The schools organize sports days and weekend training camps with
programmes including e.g. survival techniques. These
activities take up 20% of
total teaching time. One third of the lessons that can be described as military
training involve the handling
of personal weapons, issued strictly for the
duration of the lesson.
- The
curricula of all study programmes at military schools include instruction on
human rights, including the rights of the child.
During the civics course the
students learn about the constitutional safeguards of human rights in the Czech
Republic and the status
of international human rights treaties. All students
are specifically informed about the content of the Convention on the Rights
of
the Child.
- There
are no statistics on the age, social and ethnic origin of students at military
schools.[23]
- Life
in military schools is not ruled by army discipline and differs little from
student life in ordinary boarding schools. On the
other hand, military school
students receive free board, lodging and other necessities, such as e.g. special
uniforms (different
from military uniforms).
- Compliance
with internal rules and procedures, including the protected rights of students,
is supervised by the Defence Ministry’s
Personnel Section. Protection of
students’ rights is also supervised by the Chief Human Rights Inspector at
the Defence Ministry’s
Inspection Department. In recent years the
inspections have not found any breaches of the students’ rights
safeguarded by
internal rules and
procedures.
School
|
Composition of teaching staff
|
Soldiers (%)
|
Civilians (%)
|
Defence Ministry Secondary Technical School at Moravská
Třebová
|
39
|
61
|
Military Secondary School in Brno
|
59
|
41
|
Military Secondary School at Vyškov
|
62
|
38
|
Military Conservatory at Ústí nad Labem
|
38
|
62
|
- The
Higher Education Act[24]
enables the establishment of military higher education institutions. These
schools are incorporated in the higher education system.
They admit members of
the armed forces (i.e. persons over 18 years of age), as well as students who
are not soldiers in active service,
but meet the criteria for admission.
Applicants for admission to military higher education institutions must have
completed secondary
or secondary vocational or technical
education.[25] Military
higher education institutions educate future regular officers. After the expiry
of their contracts with the Czech Republic
Army, the graduates find jobs in the
civilian sector.
Schools run by armed security corps
- Secondary
police schools are established and run by the Interior Ministry, the authority
in charge of armed security
corps.[26] The study
programme called “Activities in the Sphere of Security and Law” is
designed for students who have completed
primary education. Applicants for
admission have to pass admission examinations. General subjects are taught by
civilians, special
subjects by members of the Czech Republic Police.
- The
general education policies at secondary police schools are subject to agreement
with the Education Ministry. However, some of
the functions of the Education
Ministry and other central authorities are transferred to the Interior Ministry
or the Interior Minister.
The service of teachers who are members of security
corps is governed by legislation on the service of members of security
corps.[27] Police schools
are organizational units of the State.
- The
admission procedure and school-leaving examinations do not differ from ordinary
secondary schools.[28]
Students take part in Education Ministry competitions, regional and national
sports events, and have won many prizes.
- Teaching
documents for the “Activities in the Sphere of Security and Law”
programme are developed in consultation with
the National Institute of Technical
and Vocational Education. They build on the regularly updated general education
curricula of
the secondary vocational and technical schools run by the Education
Ministry. Teachers of subjects covered by the standard school-leaving
examination attend seminars organized by the Centre for Evaluation of Education
Results (CERMAT) for guidance on the standard school-leaving
examination, as
defined in the Education Act.
- The
courses at secondary police schools include shooting practice. Initial
practical training begins in the third grade (22 lessons
per year, i.e. 16.9%),
followed by pistol shooting practice in the fourth grade (24 lessons per year,
i.e. 18.5%). The students
use air rifles and pistols and smallbore rifles,
pistols and revolvers. Shooting practice takes up roughly 1.53% of total
teaching
time. The 46 shooting lessons represent roughly 1.09% of the total
number of 4,190 lessons in four years of study. The students
do not
possess arms. The schools issue registered arms for the purposes of shooting
practice, for a strictly necessary period and
subject to compliance with
security regulations. The minimum quota of weekly lessons in basic subjects is
116. In this quota, eight
lessons are devoted to special subjects (criminology,
security service, shooting practice, communication technologies practice).
The
teaching plan is consistent with
- the
curricula and standards of secondary vocational and technical education of
non-military nature. It places particular emphasis
on the study of languages,
law and physical training. The quota of optional subjects provides students
with the opportunity to develop
their individual skills, and gives the school
the chance to offer additional lessons in subjects covered by the school-leaving
examination.
Subject name and category
|
Minimum quota of weekly lessons in four-year study
cycle
|
A. Compulsory subjects
|
122-131
|
(a) Basic
|
116 (52)
|
Czech language and literature
|
12
|
Two foreign languages
|
20 (20)
|
Civics
|
4
|
History
|
4
|
Mathematics
|
8 (2)
|
Physics
|
2
|
Chemistry
|
2
|
Geography
|
2
|
Economics
|
3
|
Psychology
|
4
|
Biology
|
2
|
Informatics and IT
|
6 (6)
|
Technology of administration
|
4 (4)
|
Law
|
14
|
Criminology
|
4
|
Security service
|
4
|
Physical training
|
16 (16)
|
Shooting practice
|
2 (2)
|
Communication technologies practice
|
2 (2)
|
Civil protection
|
1
|
(b) Optional
|
6-15
|
- Shooting
is taught in accordance with the rules of sports shooting and with the
applicable curricula. Shooting practice is always
supervised by
teachers.[29] Before the
lesson, the teacher prepares arms and ammunition at the shooting range according
to the study plan. The class is divided
into two groups of not more than
fifteen pupils. At least two teachers per group must be present throughout the
live shooting practice,
with a third teacher in charge of dry practice,
i.e. weapon handling routines (i.e. there are 5-8 pupils per teacher). In
the third
grade the students use air guns and pistols, in the fourth grade
smallbore rifles and smallbore pistols with “Cadet”
adapters. After
the lesson, arms are inspected and cleaned under the teacher’s supervision
and retuned to the school depot.
- Human
rights issues are mostly covered by the civics course (general education
subject), and law course (special subject).
- The
general purpose of the civics course is to prepare students for private and
public life, to teach personal responsibility and
critical thought. The course
covers topics from the sphere of social sciences, such as sociology, political
science, multicultural
coexistence, law, ethics, and philosophy, integrated to
form a didactic set. The civics curriculum for the “Activities in
the
Sphere of Security and Law” programme is based on the general civics
curriculum for secondary vocational and technical
schools.
- The
law course focuses on the relevant branches of Czech law, with emphasis on
constitutional, civil and family law, business and
trades licensing law, labour,
criminal and administrative offences law, as well as on the functions of public
administration and
government in the field of internal security. The students
should acquire knowledge and skills necessary for performance of the
law and
security function in public administration and local government. They should be
able to understand, use and correctly interpret
all basic legal categories. The
course includes practical training.
- There
are no statistical data on the social, ethnic or urban/rural origin of students.
These aspects are not taken into account in
the admission procedure. Data on
students are annually provided to the Institute for Information on Education for
the purposes of
basic overview of the development of the Czech education system.
A summary of the data is published in the Education System Statistical
Yearbook
and presented to the OECD. The Interior Ministry also presents enrolment
reports to the Institute for Information on
Education.[30] Students
enrolled in the “Activities in the Sphere of Security and Law”
programme are not members of any armed corps.
Their status is not affected by
mobilization or crisis situations. They do not enter into any contracts with
the school; graduates
may freely choose any job or higher education programme.
The students are not “predestined” for service in any armed
corps.
Number of classes in the 2004/2005 academic year
“Activities in the
Sphere of Security and Law” programme
|
Grade
|
Interior Ministry Secondary Police School in Prague
|
Interior Ministry Secondary Police School at
Holešov
|
Total
|
1st
|
0
|
2
|
2
|
2nd
|
2
|
2
|
4
|
3rd
|
2
|
3
|
5
|
4th
|
2
|
3
|
5
|
Total
|
6
|
10
|
16
|
Number of students in the 2004/2005 academic year
“Activities in the
Sphere of Security and Law” programme
|
Number of students – 6842M003 programme
|
Interior Ministry Secondary Police School in Prague
|
Interior Ministry Secondary Police School at
Holešov
|
Total
|
Students, total
|
incl. girls
|
Students, total
|
incl. girls
|
Students, total
|
incl. girls
|
1st
|
0
|
0
|
62
|
34
|
62
|
34
|
2nd
|
52
|
31
|
63
|
34
|
115
|
65
|
3rd
|
57
|
24
|
90
|
27
|
147
|
51
|
4th
|
47
|
31
|
86
|
27
|
133
|
58
|
Total
|
156
|
86
|
301
|
122
|
457
|
208
|
- Complaints
concerning schools run by armed security corps are processed in accordance with
a general regulation on individual
complaints[31] and with
Interior Ministry Directive No. 10/2000 concerning the processing of
petitions, complaints, reports and other communications.
As far as possible,
the students’ complaints concerning study and school life school should be
handled by the class teacher.
In case the student is not satisfied with the
result, he or his legal representative may complain to the headmaster in
writing.
Both secondary police schools have installed special boxes for the
collection of complaints, including anonymous ones. Students
or parents
unsatisfied with the headmaster’s response may appeal to the Interior
Ministry’s Department for Education
and Administration of Police Education
and then to the Interior Minister.
Complaints and other communications concerning the
“Activities in the
Sphere of Security and Law” programme
|
Complainant
|
Interior Ministry Secondary Police School in Prague
|
Interior Ministry Secondary Police school at
Holešov
|
Interior Ministry Education Department
|
First Deputy Interior Minister
|
Interior Minister
|
2003
|
Student
|
0
|
0
|
0
|
1*
|
0
|
Employee
|
0
|
0
|
0
|
0
|
0
|
2004
|
Student
|
0
|
0
|
0
|
0
|
0
|
Employee
|
0
|
0
|
0
|
0
|
0
|
* A request for review of the decision of the director of the Interior
Ministry Education Department, outside the appeals procedure.
The decision
concerned a rejected applicant for admission to the Secondary Police School at
Holešov. The request was found
unsubstantiated.
Article 4
- The
Czech Government’s powers extend to the entire territory of the Czech
Republic. Czech legislation does not permit any activities
of armed organized
groups as distinct from the armed forces and security corps of the State. It is
illegal for natural persons and
legal entities to possess military weapons and
automatic firearms without a special Interior Ministry licence. Persons under
18
years of age are not even allowed to acquire firearms for personal
protection.[32]
Article 5
- In
Czech legislation international treaties take precedence over national laws.
Article 10 of the Constitution of the Czech Republic provides that
“promulgated international treaties, the ratification of which has been
approved by the Parliament and which are binding on
the Czech Republic, are part
of the national legislation; in case the provisions of an international treaty
differ from those of
a law, the international treaty shall be
applied”. In the event of a conflict between a national law and an
international treaty, the international treaty must be preferentially
applied.
If the conflict impedes effective exercise of the rights enshrined in
international treaties, the Constitutional Court
may be asked to repeal a
national law or regulation, in whole or in part.
- For
information about the status of ratifications of major international instruments
concerning children in armed conflicts and other commitments, see Annex
2.
Article 6
- No
legislative measures had to be taken in connection with accession to the
Protocol. The legislative ban on recruitment of persons
under 18 years of age
into the armed forces and security corps was in place already before the
accession. Since the national legislation
rules out the existence of any other
armed groups in the country’s territory, no measures were needed also in
this respect.
Similarly, there was no need for organizational changes or new
procedures concerning regional public administration, local governments
and the
civilian public.
- Implementation
of the Protocol in the armed forces is the responsibility of the Defence
Ministry. The Czech Republic’s armed
forces contribute troops, including
whole units or individual military observers, to peacekeeping operations led by
international
intergovernmental organizations (UN, EU, OSCE). Only regular
soldiers are used for these missions. Pre-mission training includes
instruction
on the law of armed conflicts; the issue of international humanitarian law and
human rights, including the rights of
the child and the Protocol, takes up one
half of the time allowed for this instruction.
- Implementation
of the Protocol in armed security corps is the responsibility of the Interior
Ministry.
- The
Czech Republic has no monitoring mechanisms and tools for periodic review of
practical implementation of the Protocol. The national
legislation that was in
place already before accession to the Protocol serves this purpose
adequately.
Article 7
- On
8 December 2003, the European Union adopted the Guidelines on Children and Armed
Conflict (hereinafter referred to as the “Guidelines”).
The
EU’s policy is to monitor and report on the situation in third countries
as well as in EU countries, to assess the reports
and take action on their
basis. For this purpose, the EU has at its disposal tools for action (such as
démarches) listed
in the Guidelines.
- The
Czech Republic wants to take an active part in the implementation of the
Guidelines, initially by contributing to the projects
of its partners, later
through its own project focused especially on African states.
- The
coordinator of foreign development cooperation projects is the Foreign Ministry.
The projects may be designed for one country
or several countries, and may
require the cooperation of other ministries, non-governmental organizations or
international
organizations.[33]
- In
March 2000, the Czech Republic’s armed forces began to cooperate with the
international movement On Own Feet, founded in
1990 by Mrs. Běla Gran
Jensen, a Norwegian of Czech origin. The main idea of the movement is
“children helping children”.
Thousands of children and hundreds of
teachers are taking part, organizing collections to help ill or handicapped
children i.a.
in regions affected by instability or armed conflict.
- Czech
soldiers taking part in peacekeeping missions, especially CIMIC (civil-military
cooperation) units, inform the On Own Feet movement
about places where
assistance is most needed. In such places the movement e.g. helps to renovate
and equip school buildings, with
Czech soldiers lending a hand with the
reconstruction work. The movement has provided this type of assistance in
Bosnia and Herzegovina,
Kosovo and Afghanistan. The Czech Republic’s
armed forces provide technical support for the distribution of aid by the
movement
in their areas of deployment, including support and facilities for the
movement’s
workers.[34]
- Another
programme run by the government authorities to assist children in areas affected
by armed conflict is the MEDEVAC project
of the Interior Ministry’s Asylum
and Migration Policy Department. Its purpose is humanitarian evacuation of
disabled people
from Iraq and provision of immediate humanitarian aid to the
Iraqi population.[35] The
armed forces have become involved in the project during the humanitarian mission
of the 7th Field Hospital of the Czech Republic Army in Iraq in 2003.
For the first time, the organizational structure of the hospital included
a
paediatrician treating child patients. Clients selected for the MEDEVAC
programme are children with serious inborn and injury-related
disabilities, who
are sent to the Czech Republic for surgical treatment. The armed forces are
responsible for selection of eligible
children and their transport to the Czech
Republic and back. Since July 2003, twenty-three children have been treated in
the Czech
Republic under the programme.
Notes
[*] This report has not been edited before
being submitted for translation.
GE.05-43412 (E) 241105
[1] Act No. 585/2004
concerning the military obligation and procedures for its fulfilment (Military
Obligation Act), Act No. 186/1992
concerning the service of members of the Czech
Republic Police as amended (see Annex 1, Part A).
[2] Act No. 219/1999
concerning the armed forces of the Czech Republic as amended.
[3] The Basic Code of the
Armed Forces of the Czech Republic sets the rules governing the life
of soldiers in active service, as determined
by the President of the Czech
Republic in his capacity as supreme commander of the armed forces and in
accordance with Act No. 220/1999
(see 04666337
Annex 1, Part B) concerning conscript service or alternative service and
military training exercises and concerning certain terms
and conditions
applicable to reserve soldiers. In particular, the Code contains detailed
regulations on military disciplinary law,
relationships between members of the
armed forces, and on active military service. The Code is binding on all
members of the armed
forces.
[4] E.g. in constitutional
law there are clear rules for the state of war, its declaration and duration,
and the restrictions it entails.
Similarly, the Criminal Code (Act No.
140/1961, the Criminal Code, as amended, hereinafter referred to as the
“Criminal Code”)
contains crimes that can be committed only during
the state of war or in a combat situation (Part Two, Chapter One,
Chapter Ten and
Chapter Twelve of the Criminal Code), as well as crimes
that carry stricter sentences when committed in these situations. For the
purposes of application of these provisions, the Criminal Code defines terms
such as a “soldier” (soldiers in active
service; persons who have
become members of the armed forces upon being called up for special service;
soldiers not in active service,
if they are in uniform; or prisoners of war
– Section 90 of the Criminal Code). In the case of some crimes, the term
“soldier”
includes also members of any security corps (Sections 273,
274, 279, 285, 286 and 288a of the Criminal Code). For the purposes of
criminal
law, the term “combat situation” means the unit’s situation
immediately before and during engagement with
the enemy. Combat situations may
occur in war as well as in peacetime, e.g. attack on a sentry at a post, armed
incidents or situations
encountered in the course of duty during a peacekeeping
mission abroad.
[5] In response to an
imminent threat to the sovereignty, territorial integrity or democratic system
of the Czech Republic, or to a
substantial threat to internal order and
security, human lives and health, property or the environment, or in order to
honour international
commitments concerning collective defence.
[6] The Czech
Republic’s armed forces comprise the Czech Republic Army, Military Bureau
of the President of the Czech Republic
and the Prague Castle Guards. Czech
legislation does not recognize “armed corps” as a separate entity,
because the functions
related to internal order and response to contingencies
are performed jointly by armed and unarmed corps in Government service.
For
this reason, Czech legislation uses the term “security corps”, which
includes the Czech Republic Police, Fire and
Rescue Service, the intelligence
services, Customs Administration, Prison Service and the Court Guards Service.
Each of the laws
regulating these services contains the rule that persons
joining them must be over 18 years old.
[7] For details see Article
3, subchapter on “Schools run by the security forces”.
[8] The military obligation
is established in Article 4, paragraph 1 of Constitutional Act No. 110/1998
concerning the security of the
Czech Republic. Detailed rules are laid down in
Act No. 585/2004 concerning the military obligation and the procedures for
its fulfilment
(Military Obligation Act, see Annex 1, Part A).
[9] Act No. 585/2004
concerning the military obligation and the procedures for its fulfilment
(Military Obligation Act, see Annex 1,
Part A).
[10] Czech citizens not
subject to the military obligation, as well as aliens, may apply for permission
to assume the obligation voluntarily.
Most of the applicants are people seeking
regular army jobs.
[11] See Annex 1, Part
D.
[12] Additional
particulars are provided in Defence Ministry Regulation No. 256/1999
concerning assessment of fitness for active military
service, and in
Defence Ministry Regulation No. 260/1999 implementing certain provisions of
Act No. 218/1999 concerning the scope
of the military obligation and concerning
military administrative authorities as amended by Regulation
No. 16/2003.
[13] Act No. 221/1999
concerning regular soldiers as amended (see Annex 1, Part C).
[14] Particulars are
provided in Act No. 361/2003 concerning the service of members of security
corps.
[15] To reflect the
change of policy on military obligations and the raising of armed forces, the
former Territorial Military Administrations
and the Main Recruitment Office have
been abolished and the administrative functions transferred to new Regional
Military Commands.
In peacetime, recruitment of regulars and selection of
applicants for acceptance into active reserve is the responsibility of military
authorities. During the state of national danger or the state of war, civilian
Regional and District Offices would be required to
cooperate with the military,
especially in call-up proceedings.
[16] See Annex 1, Part
E.
[17] Particulars are
provided in Defence Ministry Regulation No. 256/1999.
[18] E.g. Paragraph 33
section 1 of the Military Obligation Act provides that “Deputies and
Senators of the Parliament, members
of the Government, Constitutional Court
judges, the President, Vice-President and members of the Supreme Audit office,
citizens holding
posts with diplomatic and consular privileges and immunities
and Regional Office directors shall not be called up for draft proceedings
and
for emergency service as long as they continue to hold these posts.”
[19] In general,
secondary schools are schools providing secondary vocational or technical
education, full secondary education, full
secondary vocational or technical
education and higher vocational or technical education, and preparing students
for positions and
work in the national economy, administration, culture, art and
other spheres of life. They also prepare students for university
study.
[20] Act No. 561/2004
concerning pre-school, primary, secondary, higher vocational or technical and
other education (Education Act).
[21] Regulation No.
150/1958 on the processing of complaints, reports and suggestions from workers.
If it is not necessary to conduct
an on-site inquiry or to obtain explanations
and/or documents from other authorities, the complaint must be settled within 10
days
from the date of its delivery to the competent authority. Complaints that
cannot be settled within 10 days must be settled not later
than 30 days from the
date of delivery. The deadline may be extended only in exceptional cases,
subject to the consent of the head
of the competent authority. The reasons for
extension must be notified to the complainant. If a complaint is lodged
repeatedly,
the competent authority must check whether the original complaint
was correctly processed and notify the result to the complainant.
If the
repeated complaint does not state any new facts, the competent authority need
not acknowledge its receipt and process it.
A complaint is deemed to be settled
as soon as the measures necessary to improve the situation are in place and the
complainant
is duly notified.
[22] Act No. 561/2004
concerning pre-school, primary, secondary, higher vocational or technical and
other education (Education Act).
[23] The only available
statistics show the share of girl students at military secondary schools in
recent years, ranging from 25 to
38% of the total number of students.
[24] Act No. 111/1998
concerning higher education institutions as amended.
[25] Military higher
education institutions include the Defence University and the Military
Department at Charles University –
Faculty of Physical Education and
Sports. These schools train specialists for the armed forces. Military higher
education institutions
are part of the Defence Ministry system and are funded
from the Defence Ministry’s budget allocation. Admission of soldiers
in
active service to these schools is subject to Defence Ministry requirements.
The students’ service and entitlements are
governed by special laws and
regulations (Act No. 585/2004 concerning the military obligation and procedures
for its fulfilment (Military
Obligation Act), Act No. 221/1999 concerning
regular soldiers as amended, Defence Ministry Regulation No. 264/1999
concerning study
leaves of regular soldiers, Defence Ministry Regulation No.
266/1999 concerning free provision of meals, equipment and transport
and
concerning the accommodation of regular soldiers). Students at military higher
education institutions are regular soldiers.
In the event of an armed conflict
they would be posted to units according to the needs of the Czech Republic
Army.
[26] The schools are
established in accordance with Act No. 561/2004 concerning pre-school, primary,
secondary and higher vocational
or technical and other education (Education
Act). At present there is are two Secondary Police Schools, in Prague and
Holešov.
[27] Act No. 186/1992
concerning the service of members of the Czech Republic Police as amended.
[28] Regulation No.
671/2004 setting forth detailed rules of the secondary school admission
procedure and Regulation No. 442/1991 concerning
the conclusion of study at
secondary and vocational training schools as amended.
[29] The teacher must
hold a Category D arms permit (possession of arms for the purposes of employment
or occupation) in accordance with
Act No. 119/2002 concerning firearms and
ammunition as amended. Section 16, paragraph 2 of the Act defines four arms
permit groups
according to the purpose for which the arms and ammunition are
used, and according to the scope of the permit: A – for collecting
purposes, B – for sporting purposes, C – for hunting purposes, D
– for the purposes of employment or occupation,
E – for the
protection of life, health or property, or F – for the purposes of
explosives detection.
[30] The Institute for
Information on Education is run by the Education Ministry. Enrolment reports
contain the following data: number
of classes per grade, total number of
students, number of teachers, classrooms, students enrolled in
full-time/part-time programmes,
according to field of study and grade, students
according to citizenship, foreign students according to residence status,
students
studying foreign languages, “open-air school” programmes
and ski courses, age of students, full-time students entering
the first
grade.
[31] Regulation No.
150/1958 concerning the processing of complaints, reports and suggestions from
workers.
[32] Act No. 140/1961,
Criminal Code, as amended; Act No. 119/2002 concerning firearms and ammunition
as amended.
[33] The projects
include: Education of foreign students at higher education institutions in
the Czech Republic (based on Government
Resolutions No. 2/1994, No. 96/1996
and No. 773/2001) – project designed for developing countries, run by
the Foreign and Education
Ministries in cooperation with higher education
institutions in 2000-2007, total budget USD 819,499; Support for
implementation of
modern teaching methods in the Ethiopian education system
– project run by the public benefit organization People in Need in
2003-2007, total budget USD 23,175; Education and care for AIDS orphans –
Ethiopia, project run by the public benefit organization
People in Need in
2003-2006, total budget USD 12,190; Renewal and development of the education
system in central Afghanistan (construction
of a teacher training institute and
courses for teachers on ways to improve teaching work) – run by the public
benefit organization
People in Need in 2004-2005, budget USD 6,880; Sustainable
improvement of the quality of education in northern Afghanistan –
project
manager not yet appointed, new project for 2005-2006, budget USD 10,952;
Implementation of priority sanitation projects proposed
by UNEP in Serbia and
Montenegro – project manager not yet appointed, new project for 20052007,
budget USD 19,397; Support
for transformation of the Iraqi society, sharing
of the Czech Republic’s transformation know-how, support for development
of
human resources and civic activities in Iraq, support for psycho-social
projects encouraging development of the society – project
manager not yet
appointed, new project for 2005-2006, budget USD 14,117; Integration of
socially disadvantaged population –
support for employment and
stabilization of the population in Grozny – project designed for
Chechnya/Russian federation, project
manager not yet appointed, new project for
2005-2006, budget USD 4,069; Mobile maternity hospital – Zambia, run by
Czech Aid
limited liability company in 2004-2006, budget USD 20,074.
[34] The armed forces
have not directly contributed funds to these projects. The armed forces support
described above has been provided
to the following projects: delivery of four
ambulances to former Yugoslavia, reconstruction of school buildings at Doberdol
and Braine
in Kosovo, reconstruction of a school building at Sredna Lamovita in
Bosnia and Herzegovina, teaching aids for 12 Kosovar schools,
holiday for 60
Kosovar children in military recreational centre at Bedřichov, Czech
Republic, in December 2002, teaching aids
for a school in Afghanistan in 2002,
toys and vitamin preparations for child patients of the 7th Field
Hospital of the Czech Republic’s Army deployed in Basra, Iraq, equipment
for a school at Al-Areen, Iraq.
[35] Programme approved
by Government Resolution No. 754 of 21 July 2003.
-----
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