COMMITTEE ON THE RIGHTS OF THE CHILDForty-fourth session15 January-2 February 2007

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 COSTA RICA (CRC/C/OPAC/CRI/1)

Under this section the State party is requested to submit in written form additional and updated information, if possible, before 24 November 2006.

Please provide information on measures adopted with regard to physical and psychological recovery and social reintegration of refugee, asylum-seeking and migrant children entering Costa Rica who may have been involved in armed conflict abroad.

Article 12 of the Constitution provides that military forces can be organized only under a continental agreement or for the national defence. Please explain whether the provisions of the Optional Protocol would apply under these exceptional circumstances.

Please indicate whether there is any legal provision criminalizing forced recruitment or involving in hostilities of a person under 18.

Please provide information as to whether Costa Rica assumes extraterritorial jurisdiction over the war crime of conscripting or enlisting children under the age of 15 into the armed forcesor using them to participate actively in hostilities. Also in relation to extraterritorial jurisdiction, please indicate whether Costa Rican courts can establish theirjurisdiction in case of forced recruitment or involvement in hostilities of a person under 18 if committed outside CostaRica, by or against a Costa Rican citizen.

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GE.06-44568 (E) 161006