COMMITTEE ON THE RIGHTS OF THE CHILDForty-seventh session

14 January – 1 February 2008

OPTIONAL PROTOCOL ON THE INVOLVEMENT

OF CHILDREN IN ARMED CONFLICT

List of issues to be taken up in connection with the consideration of the initial report of Ireland ( CRC/C/OPAC/IRL/1 )

Under this section the State Party is requested to submit in written form additional and updated information, if possible, before 23 November 2007

Please clarify which authority is in charge of the implementation of the Optional Protocol. Please also indicate whether there is any mechanism available for monitoring and periodically evaluating its implementation.

Please indicate whether there is any legal provision criminalizing compulsory recruitment or involving in hostilities of a person under 18 in the domestic legislation, and if not, whether the State party intends to take the necessary measures to introduce such a provision. In this connection, the Committee would appreciate receiving clarifications on the legal status of the Defence Forces Administrative Instructions, referred to in paragraph 7 of the State party's report.

Please indicate whether the State party has considered raising the minimum age of voluntary recruitment into the Irish Defence Forces to 18.

Please indicate whether the minimum age for recruitment into the Irish Defence Forcescan be lowered in case of exceptional circumstances, such as a state of emergency.

GE.07-44813Please provide detailed information as to whether Ireland assumes extraterritorial jurisdiction over the war crime of conscripting or enlisting children under the age of 15 into the armed forces or using them to participate actively in

hostilities. Also in relation to extraterritorial jurisdiction, please indicate whether Irish courts have jurisdiction in case of compulsory recruitment or involvement in hostilities of a person under 18 if committed outside Ireland, by or against an Irish citizen.

Further to the information provided in paragraph 27 of the State party's report (CRC/C/OPAC/IRL/1), please provide information on the human rights education provided to members of the Irish Defence Forces, in particular regarding the scope of application of the Optional Protocol.

Please indicate whether the Immigration, Residence and Protection Bill would enhance the protection afforded to refugee and migrant children, including unaccompanied minors, who are coming to Ireland from areas affected by armed conflict. In this connection, the Committee would appreciate receiving information on the policies of the Office of the Refugee Applications Commissioner with regard to asylum determination procedures for children, including unaccompanied minors, who may have been affected by armed conflict in their countries of origin.

Please provide disaggregated data (including by sex, age and country of origin) covering the years 2004, 2005 and 2006 on the number of unaccompanied asylum-seeking, refugee and migrant children coming to Ireland from areas affected by armed conflict. In this respect, please provide information on measures adopted with regard to: identification; physical and psychological recovery; and social reintegration of refugee, asylum-seeking and migrant children entering Ireland who may have been recruited or used in hostilities abroad.

Please provide information on the mandate of the recently established Directorate for Asylum Support Services as it relates to refugee and asylum-seeking children.

Please provide information on the measures taken to implement the Committee’s recommendation to the State party upon consideration of its second periodic report relating to the adequacy of guidance, support and protection provided during the asylum process for unaccompanied asylum-seeking children (paras. 64-65 of the Committee’s concluding observations (CRC/C/IRL/CO/2), adopted on 29 September 2006.

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