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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
Convention on the
Rights of the Child |
Distr. GENERAL CRC/C/OPAC/DEU/1 17 April 2007 Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES UNDER
ARTICLE 8, PARAGRAPH 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 2007
GERMANY
[5 January 2007]
GE.07-41181
Report by the Federal Republic of
Germany
pursuant to article 8 of the Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed
conflict
1. The fight against recruitment of child soldiers is an important
concern within the Federal Government’s international human
rights policy.
The Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict
plays a crucial role therein. Germany
took an active part in negotiating the Optional Protocol to the Convention on
the Rights of
the Child on the involvement of children in armed conflict. Hence
the Federal Republic of Germany already signed the Optional Protocol
in the year
2000, and it was ratified in 2004.
2. Both in the United Nations and in
the European Union (EU) context as well as bilaterally, the Federal Government
firmly supports
an improvement in the protection of children in armed conflicts,
including implementation of the Optional Protocol and its application
if
possible on a worldwide basis.
3. Hence Germany is involved, together
with its EU partners, in the rigorous application of the EU Guidelines on
Children and Armed
Conflict of December 2003. In the wake of a review of this
Guideline in December 2005, the EU adopted Council conclusions with
recommendations
of a more extensive nature, and in April 2006 it also adopted an
implementation strategy for the application of these recommendations.
Their
implementation will be a main focus of attention when Germany holds the EU
Council Presidency during the first six months of
the year 2007.
4. In
May 2006 the EU States adopted a new batch of measures for bringing the subject
of “protection of children in armed conflicts”
into European
Security and Defence Policy (ESDP) operations.
5. In July 2006 Germany
gave its support – together with its EU partners – to a declaration
by the President of the Security
Council on the subject of "Children and Armed
Conflict”, which, amongst other things, contains an appeal to the
international
community of States to make a common effort to bring about a
distinct improvement in the protection of children in conflict situations
of
this kind.
6. Germany is also one of the States that has been giving
financial and political support, from the very outset, to the Office of
the
Special Representative for children and armed conflict, which was established in
1996.
7. At the national level, the Federal Government is promoting
institutions and aid programmes for demobilization and rehabilitation
of former
child soldiers as well as to prevent contraventions of the Optional Protocol,
inter alia through the regular voluntary
German contribution and also through
the funding of UNICEF projects, as well as through projects for the promotion of
human rights.
Germany is also making a contribution to rehabilitation and social
reintegration of child soldiers, using the instrument of the Civil
Peace Service
with a number of peace specialists, e.g. those working in the field of trauma
treatment.
8. Pursuant to article 8 of the Optional Protocol each State
party is required, within two years following entry into force, to submit
a
report to the Committee on the Rights of the Child, providing comprehensive
information on the measures it has taken to implement
the provisions of the
Optional Protocol.
9. The Optional Protocol came into force for the
Federal Republic of Germany on 13 January 2005. The report pursuant to article 8
of the Optional Protocol had to be submitted, in other words, by 13 January
2007.
Article 1
10. On deposit of the instrument of ratification, Germany made the
following declaration:
The Federal Republic of Germany hereby declares that it regards a minimum age
of 17 years as binding for commencement of voluntary
service as a soldier in its
armed forces within the meaning of article 3, paragraph 2, of the Optional
Protocol. Persons under 18
years of age are recruited to the armed forces solely
for the purpose of beginning military training.
Protection of volunteers under the age of 18 years, within the context of
their decision to enter the armed forces, is ensured, inter
alia, by virtue of
the consent that has to be given by their statutory representatives and by the
mandatory requirement of presentation
of their identity card or passport as
reliable proof of their age.
11. This means that volunteers under the age
of 18 years are not allowed to perform any functions outside military training,
meaning
functions where they could be forced to use arms. In particular, they
are not allowed to be deployed for armed guard duty. The use
of arms by
volunteers is to be confined in the case of volunteers under the age of 18 years
solely to training and is to be placed
under strict supervision.
12. In
a letter dated 9 September 2004 from the State Secretary in the Federal Ministry
of Defence (annex I) this directive was transmitted
to the Bundeswehr (Federal
Armed Forces) via the Director of the Armed Forces Staff.
13. Reference
is also made in this letter to the existing directive by virtue of which
volunteers under 18 years of age are under
no circumstances allowed to be
involved in Bundeswehr (Federal Armed Forces) operations.
Article 2
14. Pursuant to section 1, subsection (1), of the Conscription Act, all
men are liable to military service upon reaching the age of
18 years. However,
the Conscription Act gives young men with German nationality the opportunity, on
attaining the age of 17 years,
to make an application for early recruitment to
basic military service (sect. 5 (1a)). Consent of the conscript’s
statutory
representative is needed for this. The same requirement applies when a
17-year-old is commissioned with the service status of temporary-career
volunteer.
15. The first step of so-called military ascertainment is the
pre-induction examination. This examination will decide whether, and
if so for
which tours of duty, a conscript can be brought in for deployment in the armed
forces. Pursuant to section 16, subsection
(3), of the Conscription Act, the
pre-induction examination takes place at the earliest six months before
attainment of the age of
18 years; so far as an application has been made, with
the consent of the applicant’s statutory representative, for early
recruitment
to basic military service, this examination may take place six
months before the applicant has attained the age of 17 years.
Article 3
16. Since on principle it is permissible in Germany to recruit volunteers
for service in the armed forces as soon as they have attained
the age of 17
years, it is mandatory to apply the safeguards pursuant to article 3, paragraph
3, of the Optional Protocol. This happens
in Germany as set out as
follows:
- Regarding subparagraphs 3 (a) and (b): pursuant to section 5,
subsection (1a), of the Conscription Act, the military recruitment
authorities
(i.e. authorities entrusted, inter alia, with the pre-induction examination,
recruitment to military service and monitoring,
of persons liable to military
service) are under an obligation to restrict conscription - for the purpose of
undergoing basic military
service – only to such persons under the age of
18 years who have already attained the age of 17 years and who have also made
the relevant application with the consent of their statutory representative.
This restriction has been made the focus of attention
in a directive issued by
the Federal Ministry of Defence to all military recruitment authorities. There
is general awareness of this
restriction on the part of the military recruitment
authorities. The application and the statutory representative’s
declaration
of consent are placed on record in the personnel files;
-
Regarding subparagraph 3 (c): when the pre-induction examination has taken place
and availability for military service has been
ascertained, applicants who are
still minors will be given an instruction sheet by the military recruitment
authority (annex II),
giving them comprehensive information on the duties
involved in military service. In particular, their attention is drawn to the
fact that the use of arms is confined solely to training and that there is no
question of their being placed on armed guard duty.
In addition to this, each
military formation deploying a conscript who has not yet attained the age of 18
years is given a special
instruction letter containing information from the
military recruitment authority to the effect that, in accordance with the
Optional
Protocol, the conscript is not to be brought into operations that might
foreseeably lead to armed conflicts (annex III). Corresponding
orders ensure
that minors will, in no event, take part in hostilities;
- Regarding
subparagraph 3 (d): through a directive issued by the Federal Ministry of
Defence, it is ensured that, at the pre-induction
examination, a person liable
to military service has to present proof of his identity by producing an
identity card or a passport.
This ensures that reliable proof of age is provided
before commencement of service.
Articles 4 to 6
17. The situation described in article 4 does not exist in the Federal
Republic of Germany.
18. Given that German law already corresponds to
the provisions of the Optional Protocol, implementation has been confined to the
directives, enclosed in the annex, where explicit reference is made to the
Optional Protocol.
Article 7
19. The Federal Republic of Germany is cooperating bilaterally and,
within the framework of international organizations, with other
State parties in
order to achieve the objectives laid down in article 7. In doing so, Germany
provides technical support and, to
a considerable extent, financial assistance.
Hence, within the framework of bilateral State development cooperation with
Angola,
Burundi, the Democratic Republic of the Congo, Liberia, Rwanda and
Sierra Leone, there were projects worth about 83 million euros
in the first
quarter of 2006 designed to reintegrate ex-combatants, especially child
soldiers. Further resources amounting to about
1.4 million euros have been
committed for the care of child soldiers through Civil Peace Service programmes
in Uganda, Sierra Leone
and the Democratic Republic of the Congo.
20. Furthermore, former child soldiers are profiting from the various
bilateral development cooperation programmes generally dedicated
to the
prevention of violence and conflict relating to children and juveniles.
ANNEXES
Annex I
Office of State Secretary Biederbick
Berlin, 9 September
2004
Director
Armed Forces Staff 16 September
2004
copies:
Director-General Law Director-General WV
Office of
Parliamentary State Secretary Kolbow
SUBJECT: Optional Protocol to
the Convention on the Rights of the Child on the involvement of children in
armed conflict
The Act passed by the Bundestag in respect of the
Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child on
the involvement of children in armed conflict will soon be entering into
force.
In this Act consent is given to the Optional Protocol on condition
that the Federal Republic of Germany shall, on depositing the instrument
of
ratification, make the declaration, for which provision is made in the Protocol
by article 3, paragraph 2, to the effect that
commencement of voluntary service
as a soldier in the armed forces of the Federal Republic of Germany is
permissible as soon as a
person has attained the age of 17 years.
This
means that it remains possible for a person to enter the Bundeswehr (Federal
Armed Forces) voluntarily as a soldier at the age
of 17 years, for the purpose
of beginning military training. Juveniles are able to undergo military service
immediately after they
have finished their (school) education without waiting
periods occurring and needing to be bridged.
In this connection, State
Secretary Biederbick requests addressees to ensure that in future soldiers who
are minors do not perform
any functions on their own responsibility and outside
military training, being functions where they could be forced to use arms.
In
particular, they are not to be placed on armed guard duty. In the case of
soldiers who are still minors, the use of arms is to
be confined solely to
training and is to be placed under strict supervision.
The directive
issued by State Secretary Biederbick, by virtue of which soldiers who are minors
shall under no circumstances be made
to take part in Bundeswehr operations shall
remain in force without limitation.
For the Federal Ministry of
Defence
Conradi
Annex II
District Military Recruitment Office
Information for minors on basic military service and
voluntary
service in the armed forces
You want to undergo military service or voluntary service in the armed forces
before you have attained the age of 18 years. This leaflet
is designed to inform
you and your parents or, as the case may be, the persons legally responsible for
your education on the special
protection to which you are subject, as a soldier
who is still a minor, and to give you a concise but not complete statement of
your
rights and duties.
Soldiers who have not yet attained the age of
18 years are subject to special protection. In the case of such soldiers, the
use of
arms is solely confined to training and under strict supervision. You do
not take part in operations that might foreseeably lead
to armed conflicts. You
are not allowed to perform any functions on your own responsibility and outside
military training, being
functions where you could be forced to use arms; in
particular, you will not be placed on armed guard duty.
On principle,
soldiers have the same civil rights as other citizens do. However, some of these
rights – as the following sections
of the Soldiers Act (the
“SA”) will show – are restricted because of the special status
involved in being a soldier,
and for the purpose of securing life in the
military community and fulfilment of the mandate entrusted to soldiers (e.g. ban
on political
activity in barracks, ban on wearing uniform at political
events).
Section 7 SA – Basic duty of a soldier
As a soldier you under a duty of loyal service to the Federal Republic of
Germany as well as courageous defence of the rights and
liberty of the German
people. This core statement constitutes, so to speak, the fundamental
description of the task you perform as
a soldier. All other duties are derived
therefrom and ultimately serve the purpose of performance of this task. In your
day-to-day
service, the duty of “loyal service" covers such obvious things
as treating equipment and materials in a responsible way, as
much as it covers
being willing to show courageous commitment to others and their rights.
Section 8 SA – Commitment to the democratic basic order
It is necessary that you regard the democratic basic order of our country
as being right and valuable, and that you are committed
to its preservation. The
democratic basic order constitutes, so to speak, the collection of the highest
principles of the Federal
Republic of Germany and finds expression in our
constitution – the Basic Law. It means, amongst other things, that there
is
respect for human rights, that the people can elect their respective
representatives in general, direct, free, equal and secret elections
and that
every form of violence and arbitrary regime is ruled out.
Section 10 SA – Duties of a superior
Soldiers exercising the function of a superior must always set an example
in their attitude and in the performance of their duties.
They are responsible
for their subordinates and must exercise care in respect of them: orders which a
superior is required to enforce,
if need be also with the use of reasonable
means, may only be given for the purposes of performance of duties and in
accordance with
the laws in force and with service provisions. If a superior
contravenes these principles, the subordinate need not – and in
certain
cases, is not allowed to - carry out the consequently unlawful order.
Section 11 SA -- Obedience
The duty of obedience means that lawful and binding orders are to be
carried out to the best of one’s ability, in full, conscientiously
and
without delay.
Section 12 SA -- Comradeship
In the absence of sustained comradeship soldiers will not meet the high
requirements posed by their duties. The duty to conduct oneself
in a comradely
manner constitutes more than being willing to contribute to a good working
atmosphere; rather, it specifies the clear
rules of conduct that are required
for joint fulfilment of demanding tasks also under circumstances where there is
a high degree
of physical and mental strain. Comradeship embodies the duty to
respect the dignity, the honour and the rights of one’s fellow-soldier;
to
come to his or her assistance in an emergency and in the face of danger; and to
show mutual respect and consideration. The special
relationship of trust
existing between soldiers comes from this source, and this relationship means
that a soldier can rely on one’s
fellow-soldier in every situation and
that one is not left “on one’s own".
Section 13 SA - Truth and Section 14 SA Secrecy
Explicit adoption of these duties in the Soldiers Act makes it clear
that, in case of doubt, the safety of many fellow-soldiers will
depend on an
individual soldier telling the truth, or also on his or her maintaining the
relevant secrecy.
Section 15 SA – Political activity
While on duty a soldier is not allowed to become politically active. This
means, in particular, that a soldier is not allowed to promote
a political group
by making speeches, distributing writings or working in a political organisation
as a representative. Such conduct
would seriously disrupt comradeship and
therefore also joint duty.
Section 17 SA – Conduct on duty and off duty
A soldier is required to behave on duty and off duty in such a manner as
to do justice to the reputation of the Bundeswehr (Federal
Armed Forces). The
population expect a soldier not only to behave in accordance with generally
accepted manners but also to set an
example in his or her behaviour and outward
appearance.
I / We have taken note of this
information.
Date name, signature of the applicant
Name, signature of the statutory representative
Annex III
Military Administration
District Military
Recruitment Office [location]
[military formation] Personal number:
[street,
number] [pn]
[postal code] [location] File number:
[file
number]
Clerk:
[form of address clerk]
Tel.
no:
[tel. no. of clerk]
Information on the use of
soldiers under the age of 18 years
Mr. [surname,first name], [pn] was
enlisted by me on [date] as an early temporary-career volunteer for undergoing
basic military service.
He will attain the age of 18 years only on
[date].
Until that date he shall not be allowed, in accordance both with
the Optional Protocol to the Convention on the Rights of the Child
on the
involvement of children in armed conflict and with the consequent obligations of
the Federal Republic of Germany under international
law, to be brought into
operations that might foreseeably lead to armed conflicts.
I request
compliance herewith.
For the Federal Ministry of Defence
[name of
the signatory]
-----
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