Соответствующая норма
Sri Lanka
Practice Relating to Rule 137. Participation of Child Soldiers in Hostilities
In 2008, in its initial report to the Committee on the Rights of the Child under the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, Sri Lanka stated:
1. The Government of Sri Lanka considers the recruitment of children for armed conflict as one of the most serious aspects of the armed conflict in Sri Lanka. … It is in direct contravention of the [1989] Convention on the Rights of the Child and the [2000] Optional Protocol on the involvement of children in armed conflict, … to [both of] which [the] Government is a party. Sri Lanka ratified the Convention and the Optional Protocol on 11 August 1991 and 12 February 2002 respectively. Sri Lanka was one of the first countries to sign and ratify the Optional Protocol.
2. Sri Lanka also ratified the Convention [on the Worst Forms of Child Labour] No. 182 (1999), of the International Labour Organization on 1 March 2001. This defines child soldiering as one of the worst forms of child labour …
3. The Government has consistently maintained a zero tolerance approach towards … [the] use of children in armed conflict, in accordance with its obligations under the Convention and in particular, the Optional Protocol.
6. The Penal Code (Amendment) Act No. 16 of 2006 relating to the prohibition on the recruitment of children as combatants was enacted in Parliament on 1 January 2006. Therefore, engaging or recruiting children for use in armed conflict is now recognised as an offence. Any person convicted of this offence shall be liable to imprisonment of either description for a term not exceeding 30 years and to a fine.
7. The Government supported and welcomed the unanimous adoption of the United Nations Security Council Resolution 1612 on children in armed conflict in July 2005. This resolution gives effect to a series of measures, including the establishment of a monitoring and reporting mechanism on children exposed to the armed conflict [including the use of child soldiers]. Accordingly, the Government established the Task Force for Monitoring and Reporting (TFMR) in July 2006 in collaboration with relevant United Nations agencies. Sri Lanka maintains close collaboration with the Security Council Working Group on Children and Armed Conflict and presented an Aide-Memoire with relevant information in February 2008. Security Council resolution 1612 remains closely relevant to the Sri Lankan armed conflict situation which has existed for over two decades as it is one in which children have and continue to experience child recruitment … and other child rights violations. The monitoring and reporting mechanism set-up under the Security Council Resolution 1612 provides an opportunity to obtain comprehensive information on incidents involving children due to the conflict.
13. The LTTE [Liberation Tigers of Tamil Eelam] has been identified as a party that … use[s] children in situations of armed conflict in the report to the [UN] Secretary-General on children and armed conflict and in further reports in 2006 (S/2006/1006) and in 2007 (S/2007/758).
19. … The Government has called on all groups that have used children in armed conflict to cease the practice immediately and to release all minors in their custody.
36. The former Special Representative of the [UN] Secretary-General on Children and Armed Conflict Mr. Olara Otunnu was invited by the Government to visit Sri Lanka in May 1998 … The LTTE made the following commitments in relation to children in armed conflict to Mr. Otunnu during his meeting with the LTTE[:]
(a) The LTTE undertook not to engage children below the age of 18 years in combat … The LTTE leadership accepted that a framework to monitor these commitments would be put in place …
41. Children are not only forcibly recruited, but are coerced into becoming combatants and committing grave acts of violence. Such children are too young to resist, and are easily manipulated by adults who draw them into such violent acts. …
49. … [I]n 2003 … an Action Plan for Children Affected by War (the Action Plan) was signed between the Government, the LTTE and UNICEF in April 2003 … In the Action Plan, the LTTE made commitments to cease the practice of child recruitment and release all those already recruited. However, this commitment was not implemented.
58. … The Government maintains [towards] the … involvement of children in armed conflict a zero tolerance and [considers it a] non–negotiable issue. However, in the context of the ongoing fight against LTTE, the Government seeks the support of relevant international organizations to strengthen the capacity of institutions such as the NCPA, the HRCSL and the Office of the Commissioner General of Rehabilitation to protect children from being used as combatants …
61. Relevant changes have been made to the law, in particular to the Penal Code in order to address crimes against children. Thus section 358A(1)(d) of the Penal Code pronounces that any person who engages or recruits a child for use in armed conflict shall be guilty of an offence and shall on conviction be liable to imprisonment of either description for a term not exceeding thirty years and to a fine. Paragraph (b) of that subsection states that any person who subjects or causes any person to be subjected to forced or compulsory labour shall be guilty of an offence and shall on conviction be liable to imprisonment of either description for a term not exceeding twenty years and where the offence is committed in relation to a child for a term not exceeding thirty years and to a fine.
62. Sri Lanka is a signatory to the Paris Commitments to protect children from unlawful … use by armed forces or armed groups. …
81. The Government has collaborated with the United Nations to set up the TFMR, the monitoring and reporting mechanism set-up under … Security Council resolution 1612.
82. In conformity with resolution 1612 paragraph 2(a), the Objective of the TFMR is: (a) the systematic gathering of timely, objective, accurate and reliable information on the … use of child soldiers in violation of applicable international law … and (b) reporting to the Working Group of the Security Council on children and armed conflict as set up under resolution 1612.
83. In accordance with resolution 1612 and Section VI, paragraph 2 of the Terms of Reference of the Working Group of the Security Council on children and armed conflict, the TFMR will focus on violations against children affected by armed conflict beginning with its application against the party to the conflict listed in annex II of the Secretary General’s report (S/2005/72) as applicable to Sri Lanka.
84. The TFMR will also focus on the … use of child soldiers.
91. Pursuant to a decision taken by the Inter-Ministerial Committee on Human Rights (IMCHR) in November 2007, the Minister of Disaster Management and Human Rights established a multidisciplinary Committee to inquire into allegations of abduction and recruitment of children for use in armed conflict.
126. The NCPA is committed to prevent children being used as combatants. 
Sri Lanka, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 15 February 2010, UN Doc. CRC/C/OPAC/LKA/1, submitted 16 June 2008, §§ 1–3, 6–7, 13, 19, 36(a), 41, 49, 58, 61–62, 81–84, 91 and 126.
In 2008, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Sri Lanka stated:
Legislation was passed in a number of areas to strengthen children’s rights and enhance their protection. Th[is] included the following:
(c) The Penal Code (Amendment) Act No. 16 of 2006 … new section 358A has criminalized outstanding worst forms of child labour as stipulated in the International Labour Organization (ILO) [1999] Convention No. 182 [on the Worst Forms of Child Labour]: … [including] engagement … of children in armed conflict. 
Sri Lanka, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 20 January 2010, UN Doc. CRC/C/LKA/3-4, submitted 24 October 2008, § 17(c).
In 2009, in its combined third and fourth periodic reports to the Committee against Torture, Sri Lanka stated:
61. Sri Lanka is, at present, successfully emerging from a protracted, 30 year armed conflict with the terrorist group, the LTTE [Liberation Tigers of Tamil Eelam]. The LTTE was well known for their use of children in armed conflict, sometimes as young as 14 years, for active combat and for suicide missions. The Government of Sri Lanka has, throughout the conflict, maintained its strong condemnation and unequivocal abhorrence … [of] the … use of children in armed conflict.
62. … The Government has consistently maintained a zero tolerance policy towards … [the] abduction and use of children in armed conflict …
66. Sri Lanka was among the first Member State[s] to volunteer to set up a National Task Force in accordance with United Nations Security Council resolutions 1539 and 1612 to monitor and report on these activities.
91. … [T]he Penal Code (Amendment) Bill on the recruitment of children as combatants was passed on the 1 of February 2006. There under the “engaging and recruiting children for use in armed conflict” was considered an offence. 
Sri Lanka, Combined third and fourth periodic reports to the Committee against Torture, 23 September 2010, UN Doc. CAT/C/LKA/3-4, submitted 17 August 2009, §§ 61–62, 66 and 91.