(8) UNDER-18S SERVING IN THE ARMED FORCES
1.50 According to the Coalition to Stop the Use of
Child Soldiers, in April 2010 3,510 under-18s were training or
serving in the British Armed Forces. The UK has the lowest recruitment
age in Europe and is one of less than 20 countries in the world
which recruit from the age of 16.[45]
Article 38 of the UN Convention on the Rights of the Child (UNCRC)
obliges states to take all feasible measures to ensure that children
under the age of 15 do not take a direct part in hostilities.
The Optional Protocol to the Convention on the Rights of the Child
on Children in Armed Conflict, which the UK ratified in 2003,
extends this protection by committing states to taking all feasible
measures to ensure that members of their armed forces under the
age of 18 do not take a direct part in hostilities.[46]
At the time of its ratification of the Optional Protocol, the
UK made a declaration to Article 1 of the Optional Protocol as
to its understanding of the meaning of that provision, which our
predecessor Committee previously criticised as being overbroad
and serving to undermine the UK's commitment not to deploy under-18s
in conflict zones.[47]
1.51 The UNCRC reported on the UK's compliance with
the Optional Protocol for the first time in its 2008 report.
The UK declaration has not been challenged.
However, in its 2008 Report, the UN Committee on the Rights of
the Child expressed its disappointment that the UK had chosen
to maintain its view on the recruitment of 16-year-olds. The UN
Committee asked that the UK "reconsider its active policy
of recruitment of children into the armed forces and ensure that
it does not occur in a manner which specifically targets ethnic
minorities and children of low-income families". It also
recommended that the UK government review existing, limited discharge
rights for people under-18 and ensure "that parents are included
from the outset and during the entire process of recruitment and
enlistment." The UN Committee called on the UK to allow all
current recruits under 18 years old to convert their commitment
into a four year contract of service beginning with the first
day of service, not their 18th birthday (currently
a person recruited under 18 serves a full commitment from the
time of joining the service plus four years from their 18th
birthday. This is in contrast with a person over 18, whose commitment
to regular service is for 4 years from the date of enlistment).[48]
1.52 Our predecessor Committee, in its Report on
Children's Rights, recommended that the UK adopt a plan of action
for implementing the recommendations of the UN Committee on the
Rights of the Child in its 2008 Report on the UK's compliance
with the Optional Protocol on Children in Armed Conflict.[49]
1.53 We wrote to the Minister to ask for further
information. Specifically, we asked for further information on:
- The steps which the Government
had taken to meet the concerns of the UN Committee on the Rights
of the Child. The Minister's response explained that the Government
had no plans to amend or withdraw the UK declaration to the Optional
Protocol on the Involvement of Children in Armed Conflict. The
Government "recognises" the importance of providing
special treatment for young people serving in the armed forces
and "no Service personnel under the age of 18 is knowingly
engaged in or exposed to hostilities". The Government does
not address the recommendations of the UN Committee which relate
to the period of recruitment or the right to discharge or the
better involvement of parents during the process of recruitment.[50]
- The discharge process for people recruited before
18: The Minister explained that after 28 days and before 6 months
service, a recruit may leave as of right on provision of 14 days
notice in writing. After 6 months until 3 months following their
18th birthday, recruits may identify themselves as
an "unhappy" recruit and may be discharged at the discretion
of their commanding officer. This latter discharge is entirely
discretionary and there is no right to discharge after the initial
6 month period.[51]
- Statistics, including statistics on the number
of individuals requesting discharge and the number of requests
refused. A significant number of helpful statistics were provided
by the Government. However, we are concerned that statistics are
not gathered on the number of young people requesting discharge
then being either discharged or having their request refused.[52]
1.54 During the Special Select Committee debates
on this Bill, amendments were debated (and withdrawn) which would
have converted existing policy on unhappy minors under 18 leaving
the army into a statutory right to leave on 14 days notice. The
Minister explained that although he was not minded to change the
current position, he would take this proposal away for further
advice.[53] A second
amendment proposed to require the Government to report annually
to Parliament on the number of under-18s recruited into the Armed
Forces and the number leaving per year. The Minister explained
that the Government considered that such a report was unnecessary
as statistics such as these were already prepared and published
on a regular basis. Responding to this group of amendments, the
Minister explained the Government's view that the status quo was
"fully compliant" with the obligations of the UK under
the Optional Protocol to the UN Convention on the Rights of the
Child, which deals with the involvement of children in armed conflict.[54]
1.55 The Minister's statement, while technically
correct, is disappointing. Under the Optional Protocol, States
are entitled to voluntarily recruit persons under 18 into the
armed forces provided a number of strict conditions are applied,
including that recruitment is informed, involves parents and is
genuinely voluntary. Compulsory recruitment is prohibited. States
are required to take "all feasible measures" to prevent
under-18s being deployed to active combat.
1.56 We share
the view of our predecessor Committee that the Government should
adopt published action plan for responding to the recommendations
of the UN Committee on the Rights of the Child on UK compliance
with the UN Optional Protocol on Children in Armed Conflict.
1.57 We consider
that this Bill provides a good opportunity for Parliament to debate
the recommendations of the UN Committee and the service of under-18s
in the Armed Forces. We are particularly concerned that the Government
has not taken this opportunity to clarify (a) the arrangements
for the discharge of under-18s from the Armed Forces if they decide
that they no longer wish to serve; and (b) the equalisation of
the duration of the service commitment made by under-18s to four
years' service.
1.58 We welcome
the Minister's commitment to reconsider the treatment of unhappy
recruits. While we welcome the Minister's assurance that unhappy
recruits are liable to discharge at the discretion of their commanding
officers, the lack of statistics on under-18s who request a discharge
but are refused makes scrutiny of the current arrangements difficult.
We are concerned that, without special provision for discharge
(other than at the discretion of the commanding officer), there
is a risk that continued service may not be considered voluntary
in the sense required by the Optional Protocol. We recommend that
a right to discharge for under-18s be established, and that all
those recruited under the age of 18 be told of this right.
1.59 We do not
consider that the Minister has provided a clear explanation of
the Government's justification for maintaining a differential
period of commitment for under-18s joining the Armed Forces.
We recommend that this Bill be amended to equalise the initial
period of service for people joining the Armed Forces.
45 Coalition to stop the use of child soldiers, The
recruitment of children by British armed forces: An assessment
of the implementation of the recommendations of the Committee
on the Rights of the Child, November 2010. Back
46
Article 1 Optional Protocol to the Convention on the Rights of
the Child on Children in Armed Conflict Back
47
Seventeenth Report of Session 2004-05, Equality Bill, HL
Paper 98, HC 497, para. 41. UNCRC Concluding Observations on the
UK, op. cit, para. 88 Back
48
These figures are based on service in the Army. Periods of minimum
service vary across the three Armed Forces. The relevant date
for the calculation for under-18s is the 18th birthday
for all three. Back
49
Twenty-fifth Report of Session 2008-09, Children's Rights,
HL Paper 157, HC 338, paras 139-143. Back
50
Ev 3. Back
51
Ev 3. Back
52
Ev 3 Back
53
See HC Deb, 17 Feb 2011, Col 114 Back
54
See HC Deb, 17 Feb 2011, Col 113 Back
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