COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 8 OF THE Optional Protocol to the Convention on
the Rights of the Child on the involvement of
children in armed conflict
Concluding observations: Monaco
1.The Committee, at its 1238th meeting, held on 25 May 2007, considered the initial report of Monaco (CRC/C/OPAC/MCO/1) without the presence of a delegation of the State party, which, in accordance with the Committee’s decision number 8 adopted during the 39th session, opted for a technical review of the report. At its 1255th meeting, held on 8 June 2007, the Committee adopted the following concluding observations:
The Committee welcomes the submission of the State party’s initial report under the Optional Protocol, which gives substantive information on the legislative, administrative, judicial and other measures applicable in Monaco in respect of the rights guaranteed by the Protocol.
The Committee reminds the State party that these concluding observations should be read in conjunction with its previous concluding observations adopted on 8 June 2001 in respect of the State Party’s initial report under the Convention on the Rights of the Child (CRC/C/15/Add.158).
B. Positive aspects
The Committee notes with appreciation that members of the Prince’s Guard and the Fire Brigade, which are the only bodies having military status in the principality, must be at least 21 years of age;
Furthermore, the Committee notes with appreciation the State Party’s activities in the area of international cooperation, including the provision of financial support for action to protect the rights of children in armed conflict.
C. Principle areas of concern and recommendations
1. General measures of implementation
The Committee notes the steps taken by the State Party to disseminate information on relevant human rights instruments and its efforts undertaken to raise public awareness of issues related to the respect for and promotion of human rights.
The Committee recommends, however, that the State Party also disseminate specific information on the provisions of the Optional Protocol on the involvement of children in armed conflict.
Legislation and jurisdiction
The Committee notes that, since the State party does not maintain an army, no legislative amendments have been made or are intended to be made in order to implement the Protocol.
However, in order to strengthen international measures for the prevention of the recruitment of children and their use in hostilities, the Committee recommends that the State Party:
a) In line with the minimum standards prescribed by the Convention on the Rights of the Child (article 38), and relevant instruments of international humanitarian law, consider establishing extra-territorial jurisdiction over war crimes which involve conscripting or enlisting children under the age of fifteen into the armed forces, or using them to participate actively in hostilities, if such crimes are committed by or against a Monegasque national or a person who otherwise has a close link with the State Party;
b) Furthermore, noting that the State Party signed the Statute of the International Criminal Court on 18 July 1998, the Committee recommends that the
State Party proceed to ratify the Statute. Given the potential connection between the sale of children and their recruitment into armed groups, the Committee also recommends that the State Party proceed to ratify the Optional Protocol on the Sale of Children, which it signed on 26 June 2000. In addition, the Committee recommends that the State Party consider becoming a party to ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, which, in article 3, urges the adoption of measures for the prohibition and elimination of forced or compulsory recruitment of children for use in armed conflict as one of the worst forms of child labour .
2. International assistance and cooperation
The Committee encourages the State party to continue its activities in the area of international cooperation, including the provision of financial support for action to protect children in armed conflict.
3. F ollow-up and dissemination
The Committee recommends that the State party take all appropriate measures to ensure full implementation of the present recommendations, inter alia, by transmitting them to the members of the National Council and the Council of State for appropriate consideration and further action.
In the light of article 6, paragraph 2, of the Optional Protocol, the Committee recommends that the initial report submitted by the State Party and the concluding observations adopted by the Committee be made widely available to the public at large in order to generate debate and awareness of the Optional Protocol, its implementation and monitoring.
D. Next report
In accordance with article 8, paragraph 2 of the Optional protocol, the Committee requests the State party to include further information on the implementation of the Optional Protocol in its next periodic report under the Convention on the Rights of the Child, in accordance with article 44 of the Convention.