COMMITTEE ON THE RIGHTS OF THE CHILD

Forty-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 Kuwait (CRC/C/OPAC/KWT/1)

The State party is requested to submit in written form additional and updated information, if possible, before 23 November 2007 .

Please provide information on the competent governmental departments or bodies responsible for the coordination and implementation of the Optional Protocol. Please also indicate if there is any mechanism available for monitoring and periodically evaluating its implementation.

Please provide information on budget allocations for the implementation of the Optional Protocol

Please provide information on measures taken to disseminate information on the Optional Protocol, including, but not limited to, its integration as part of human rights education in school curricula.

Please provide information on whether the provisions of the Optional Protocol have been fully incorporated into domestic law and if not, please provide information on the measures required to do so. In particular, please indicate whether there is any legal provision criminalizing forced recruitment or involvement in hostilities of a person under the age of 18 by armed forces other than the Kuwaiti military.

GE.07-44619Please provide information on how Kuwaiti legislation would provide protection against the involvement/recruitment of children in situations of armed conflict by armed groups, including, inter alia, armed groups that are recruiting from across borders.

Please provide detailed information as to whether Kuwait 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 Kuwaiti courts can establish their jurisdiction in case of forced recruitment or involvement in hostilities of a person under 18 if committed outside Kuwait, by or against a Kuwaiti citizen. Please also clarify whether, in the case that extraterritorial jurisdiction has been assumed, there is a requirement of double criminality for such offences.

Please provide information on the link between military schools in Kuwait and the Kuwaiti armed forces, particularly on steps taken to ensure that enrolment of children in military schools does not expose them in any way to situations of armed conflict or encourage their recruitment into the armed forces before the age of 18.

Please inform the Committee whether Kuwait intends to become a party to the Rome Statute of the International Criminal Court which criminalizes conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities as a war crime (art. 8, para. 2(b)(xxvi)).

With regard to the legal protection of asylum-seeking, refugee and migrant children, including those who may have been recruited or used in hostilities contrary to the Optional Protocol, please inform the Committee whether Kuwait is considering becoming a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.

With reference to article 7 of the Optional Protocol, please provide information on screening, rehabilitation, social reintegration and other services provided to children recruited or used in hostilities.

Please indicate whether the State party is engaged in any activity of regional and/or international cooperation related to implementation of the Optional Protocol.

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