OPAC Provisions and Scope

International law and standards related to child soldiers The government of Thailand has ratified:  Convention on the Rights of the Child (CRC)  Optional Protocol to the CRC on the involvement of children in armed conflict (OPAC)  International Labour Organization (ILO) Worst Forms of Child Labour Convention 182 The government of Thailand is not a party to:  1951 Refugee Convention  Thailand has signed, although not yet ratified, the Rome Statute of the International Criminal Court (ICC)

OPAC introduction Adopted by the UN General Assembly on 25 May 2000 and entered into force on 12 February out of 197 states have ratified the Protocol as of January Sets 18 as the minimum age for direct participation in hostilities and for compulsory recruitment by state armed forces. Requires states to raise the minimum age of voluntary recruitment and prohibit all forms of recruitment and use of under-18s by armed groups.

Key provisions for State armed forces Article 1: States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities.  Covers not only combat but other military participation and support functions Article 2: States Parties shall ensure that persons who have not attained the age of 18 years are not compulsorily recruited into their armed forces.

Key provisions for State armed forces According to Article 3: States Parties shall raise to at least 16 years the minimum age for the voluntary recruitment of persons into their national armed forces.  Thailand has set the minimum age for voluntary recruitment at 18 years:  Article 71 of the 2007 Constitution states that “Every person has a duty to defend the country”. The 1954 Military Service Act provides the legal basis for conscription into the Thai armed forces, requiring that every Thai man who has attained the age of 18 register on the “inactive military personnel list”.  At the age of 21, selected inactive military personnel will be required to serve in the armed forces. Inactive military personnel may also apply to serve voluntarily in the armed forces upon reaching the age of 18.  Over two thirds of states around the world have set at 18 or above the minimum age for voluntary recruitment.

Key provisions for State armed forces Article 3: Set minimum age in legally binding declaration. Article 3: Include safeguards to ensure that recruitment is voluntary and, as a minimum, that:  Recruitment is genuinely voluntary;  Recruitment is carried out with the informed consent of the person's parents or legal guardians;  Recruits are fully informed of the duties involved in such military service;  Recruits provide reliable proof of age prior to acceptance into national military service.

Armed groups Article 4(1): Armed groups that are distinct from the armed forces of a State should not, under any circumstances, recruit or use in hostilities persons under the age of 18 years. Article 4(2): States Parties shall take all feasible measures to prevent such recruitment and use, including the adoption of legal measures necessary to prohibit and criminalize such practices.  OPAC can provide a tool to engage with armed groups to ensure protection of children, including their release and reintegration. Article 4(3): The application of this article does not affect the legal status of any party to an armed conflict.

Implementation measures Article 6(1): State Party shall take all necessary legal, administrative and other measures to ensure effective implementation and enforcement of the OPAC. These measures should include: Prohibit in law the participation of children in hostilities and establish in law the minimum age for compulsory and voluntary recruitment; Criminalize unlawful recruitment and use of children; Adopt policy measures to prevent unlawful recruitment, such as ensuring that every child has a verifiable, official and reliable proof of age; Strengthen the recruitment procedures for armed forces; Establish monitoring and accountability for violations, including effective investigations, prosecutions and appropriate punishment; Train and raise awareness.

Release, recovery and reintegration Article 6(3) of OPAC requires States parties to take all feasible measures to ensure children are demobilized, and/or released from service, and are afforded appropriate assistance for their recovery and reintegration. Appropriate assistance under Article 6(3) should include:  Demobilization and reintegration should be sought at all times;  Children who leave armed forces or armed groups by any means must be protected, including from arbitrary detention;  Child protection actors should be involved in providing appropriate assistance for their physical and psychological recovery and social reintegration, including in family tracing and reunification;  State parties should allocate adequate technical and financial resources to the rehabilitation and reintegration of children, with particular focus on providing education, vocational training and psycho-social support.

International cooperation Article 7: States parties shall cooperate, including by providing technical and financial assistance, in the implementation of OPAC.

International monitoring and reporting