Norma relacionada
Rwanda
Practice Relating to Rule 136. Recruitment of Child Soldiers
Rwanda’s Law Relating to Rights and Protection of the Child against Violence (2001) provides: “Military service is prohibited for children less than 18 years.” 
Rwanda, Law Relating to Rights and Protection of the Child against Violence, 2001, Article 19.
Rwanda’s Presidential Order Establishing Army General Statutes (2002) provides:
Article: 5
For anybody to qualify for recruitment into the Rwanda Defence Forces, he [must fulfil the] following conditions:
4. To be at least 18 years old minimum. 
Rwanda, Presidential Order Establishing Army General Statutes, 2002, Article 5.
Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
Article: 10
“War crime” shall also mean any of the following acts committed in armed conflicts:
8° forcing civilians, including children under eighteen (18) years, to take part in hostilities or to perform works related to military purposes;
Article: 11
Anyone who commits one of the war crimes provided for in Article 10 of this law shall be punished by the following penalties:
2° imprisonment for ten (10) to twenty (20) years, where he has committed a crime provided for in point 3°, 8°, 11° or 12° of Article 10 of this law. 
Rwanda, Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes, 2003, Articles 10–11.
In 2003, in its second periodic report to the Committee on the Rights of the Child, Rwanda stated:
I. Voluntary enlistment in the armed forces
89. Although voluntary enlistment in the armed forces is subject by law to a minimum age of 16, the law that was recently passed on the rights of the child and protection of children against violence states in article 19 that military service is prohibited for children under 18.
J. Conscription
90. The minimum age for conscription is not specified in Rwandan legislation, especially since service in the armed forces has always been voluntary. 
Rwanda, Second periodic report to the Committee on the Rights of the Child, UN Doc CRC/C/70Add.22, 8 October 2003, §§ 89–90.
In 2010, 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, Rwanda stated:
III. General information
B. General Measures of implementation of the [2000 Optional] Protocol [on the Involvement of Children in Armed Conflict]
1. Policy measures
24. … Rwanda formulated a national policy on orphans and other vulnerable children since January 2003. This policy contains strategies and measures to respond to various situations of vulnerability of the child …
25. Specific objectives of the Policy on these children are the following:
(b) To prevent the recruitment of children into armed groups …
2. Legislative measures
37. Even if it is prior to the ratification of the Protocol, the Law [Relating to] the Rights and Protection of the [C]hild [A]gainst [V]iolence [(2001)] … is a special law on the matter. Article 19 prohibits military service for children aged below eighteen years.
38. The Law N° 19/2002 of 17 May 2002 establishing Rwanda Defence Forces, in its Article 3, provides that Rwanda Defence Forces are open to any voluntary Rwandan citizen, who meets conditions determined by [s]pecific statutes governing Rwanda Defence Forces, without any discrimination. Pursuant to this law, the Presidential [Order Establishing Army General Statutes (2002)] … sets the minimum age to be recruited into Rwanda Defence Forces (RDF) at 18 years (Article 5).
39. The Law N°25/2004 of 19 November 2004 on the Creation, Organization and Functioning of the local service in charge of maintenance of security “Local Defence”, in its Article 9, specifies that the person selected (by the Cell Council as stipulated in Article 8 of the same law) to be member of the “Local Defence” must be at least eighteen (18) years old.
40. The Presidential Decree No 155/01 of the 31st of December 2002 on the General Statute governing the National Police. In its Article 5 this Decree specifies that to be enrolled in the National Police, a person must be aged eighteen (18) years minimum.
F. Reference date used to determine if a person is above or below the age limit …
66. In the past, the officer in charge of civil registration recorded the year of birth because birth declarations were often made long after the event and therefore the person declaring birth could not remember the exact day and month of birth. It is to say that the reference date to determine if a person is above or below the age limit is generally the first day of the year in which the interested person attains this age limit. However, this way of calculating is gradually being replaced by another more specific method that refers to the day, month and year of birth because parents are more and more sensitised to have their children registered in official civil registry.
67. The obligation to register births stems from the law which also punishes those who do not comply. [I]n this framework, the Law N°14/2008 of 04 June 2008 on Civil [R]egistration of the Population and the Delivery of the National Identity Card stipulates in its Article 8 Paragraph 1 that: “Every person is responsible to declare the birth of her/his child within a time not exceeding (30) thirty days from the date of birth… ”. The last paragraph of this Article 8 provides that “the guardian or foster parent is responsible to declare the birth of children under their guardianship within a time not exceeding (30) thirty days as from the day they acquired the guardianship”.
68. As for punishments, Article 12 provides for [a] prison sentence of one (1) to seven (7) days and of a fine of Five Thousand Rwandan Francs (5,000 RWFS) to Fifty Thousand Rwandan Francs (50,000 RWFS) or one of these punishments only against any person who does not respect the obligations stipulated in the terms of Article 8 mentioned above.
69. It should finally be noted that death and birth registration which was carried out by the Districts has been done at the level of Sectors since the beginning of the year 2006. At each administrative sector, a professional in charge of civil registration was recruited, to support and facilitate services in charge of civil registration. Therefore, birth and death registers are kept by this officer of the Sector. Without doubt, this decentralization will also facilitate birth and death declarations because it reduces long distances that used to [discourage] … the majority of the population from travelling to District Headquarters.
IV. Specific measures of implementation of the Protocol
Article 2: Measures taken, in particular legislative, administrative measures, or otherwise, to ensure that persons who have not attained the age of 18 years are not subject to compulsory recruitment in armed forces
77. The Law No 13/2009 of 27th May 2009 regulating Labour in Rwanda, in its Article 8 prohibits forced Labour.
78. If the spirit of all these texts is against voluntary recruitment of persons aged less than eighteen years, it goes without saying that compulsory recruitment is a fortiori prohibited for these same people.
Article 3, Paragraph 1: (a) The minimum age set for voluntary recruitment in armed forces, in accordance with the provisions of the declaration deposited during the ratification of the Protocol or the accession to this instrument or any modification which has occurred thereafter.
82. It should be stressed here that Rwanda took serious note and followed up the application of the recommendation N° 63 of the Committee of the Rights of the Child during the examination of the initial country report on the [1989] Convention on the Rights of the Child. The Committee hailed the Law [Relating to] the Rights and Protection of the [C]hild [A]gainst [V]iolence [(2001)] … prohibiting any military service for children aged less than 18 years (Article 19). However, [t]he Committee was still very concerned because this law did not apply to Local Defence Force (LDF). The Committee therefore recommended to the State Party to take all necessary measures to make sure that children aged less than 18 years are not recruited into LDF or of any other armed group operating on … [its] territory.
83. Therefore following this recommendation, the Law N° 25/2004 of 19 November 2004 on the Creation, Organization and Functioning of Local Service responsible for assisting in the maintenance of security “Local Defence” stipulates in its Article 9 that a person selected to be member of the “Local Defence” must:
(c) Be eighteen (18) years old;
84. … [A] candidate who wishes to be admitted in the National Police Force must in addition “be at least 18 years old and 25 years maximum”.
Article 5: Provisions of the national legislation or international instruments and international humanitarian law applicable to Rwanda that promote most the respect of the rights of the child …
1. Paragraphs 1 and 2: Provisions of the Optional Protocol
(a) Revision of the national legislation and the made modifications
102. Even if the Penal Code in force provides for punishments against forgery and use of forgery as well as fraudulent declarations and false claims, the bill of the new Penal Code provides for specific punishments against people responsible … [for] recruitment of children into the army, such recruitment having been done following … fraudulent records or following false declarations.
(b) The place of the Optional Protocol in the National Law and its Applicability before National Jurisdictions
103. … In Rwanda, the place of the Protocol is … like that of other international treaties or agreements, i.e. it has supremacy over national laws.
104. As for the applicability of the Protocol before jurisdictions, there are no litigations brought before Rwandan jurisdictions that require the application of the Protocol, simply because there are no children in the army.
2. Paragraph 3: Measures adopted on disarmament, demobilization (or … [relief] from military obligations) and the provision of suitable assistance for physical and psychological re-adaptation and social reintegration of children, taking into account the specific situation of girls
(e) Legal provisions adopted to make recruitment of children a punishable offence and the question of knowing if this offence falls within [the] competence of any specific mechanism of justice created in the framework of conflict (for example war crime courts; mediation organizations and establishment of facts); guarantees adopted to ensure that the rights of the child as victims and witnesses are respected in the framework of these mechanisms in accordance with the Convention on the Rights of the Child
170. Specific repressive sanctions are not provided for against the recruitment of children as the army is under the authority of public authorities and the S[t]ate has prohibited carrying out such kind of recruitment.
171. Private militias are prohibited by the Decree of the 7th of December 1960 in the framework of measures related to public security.
172. In the final analysis, if a person took the law in his/her own hands and kidnapped children to be recruited into an army, which would be in any case not possible in the country, he/she would be punished in accordance with the provisions of the above-mentioned Decree [Article 3] and Article 388 of the Penal Code which provides for a prison sentence ranging from five to ten years against anybody who, by violence, tricks or threats, arbitrarily kidnaps or helps kidnap, arrests or make[s] arrest, detain[s] or make[s] detain any person; maximum sentence shall be applied if the person kidnapped, arrested, detained is under 18 years of age.
173. The draft law of the new Penal Code provides for punishments against people responsible for recruitment of children in the army. 
Rwanda, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 6 December 2011, UN Doc. CRC/C/OPAC/RWA/1, submitted 20 January 2010, §§ 24, 25, 37–40, 66–69, 77, 78, 82–84, 102–104 and 170–173.
[footnotes in original omitted]