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“Being Neutral is Our Biggest Crime” - Global Coalition to Protect ...

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The Naxalites do not deny the recruitment and use of children in hostilities—it <strong>is</strong> part<br />

of their policy and practice.<br />

There are no clear estimates of the number of children used by these different<br />

parties.<br />

India <strong>is</strong> party <strong>to</strong> the Convention on the Rights of the Child (CRC). 376 It <strong>is</strong> also party <strong>to</strong><br />

the Optional Pro<strong>to</strong>col <strong>to</strong> the Convention on the Rights of the Child on the<br />

Involvement of Children in Armed Conflict (Optional Pro<strong>to</strong>col), which was adopted by<br />

the UN in 2000. 377 The Optional Pro<strong>to</strong>col ra<strong>is</strong>es the standards set in the CRC by<br />

establ<strong>is</strong>hing 18 as the minimum age for any conscription, forced recruitment, or<br />

direct participation in hostilities. It also places obligations upon non-state armed<br />

groups—article 4 states that “armed groups that are d<strong>is</strong>tinct from the armed forces of<br />

a state should not, under any circumstances, recruit or use in hostilities persons<br />

under the age of eighteen.”<br />

The Principles and Guidelines on Children Associated with Armed Forces or Armed<br />

Groups (Par<strong>is</strong> Principles), a set of international guidelines adopted in February 2007,<br />

reiterate that states have a duty <strong>to</strong> respect the humanitarian character of camps, and<br />

ensure that d<strong>is</strong>placed children are not recruited for combat. The Par<strong>is</strong> Principles<br />

recommend individual reg<strong>is</strong>tration and documentation for all d<strong>is</strong>placed children as a<br />

preventive measure. 378<br />

The Par<strong>is</strong> Principles also provide guidance for release, protection, and reintegration<br />

of children. Children who have been associated with armed forces or armed groups<br />

376 India became a party <strong>to</strong> the CRC on December 11, 1992.<br />

377 India ratified the Optional Pro<strong>to</strong>col on November 30, 2005, and made the following declaration: "Pursuant <strong>to</strong> article 3 (2) of<br />

the Optional Pro<strong>to</strong>col <strong>to</strong> the Convention on the Rights of the Child on the involvement of Children in Armed Conflict, the<br />

Government of the Republic of India declare [sic] that:<br />

(i) The minimum age for recruitment of prospective recruits in<strong>to</strong> Armed Forces of India (Army, Air Force and Navy) <strong>is</strong> 16 years.<br />

After enrollment and requ<strong>is</strong>ite training period, the attested Armed Forces personnel <strong>is</strong> sent <strong>to</strong> the operational area only after<br />

he attains 18 years of age;<br />

(ii) The recruitment in<strong>to</strong> the Armed Forces of India <strong>is</strong> purely voluntary and conducted through open rally system/open<br />

competitive examinations. There <strong>is</strong> no forced or coerced recruitment in<strong>to</strong> the Armed Forces.<br />

378 The Par<strong>is</strong> Principles: Principles and Guidelines on Children Associated with Armed Forces or Armed Groups (“The Par<strong>is</strong><br />

Principles”), January 30, 2007, http://www.unicef.org/protection/files/Par<strong>is</strong>Principles310107Engl<strong>is</strong>h.pdf (accessed March 25,<br />

2008), para. 6.14.<br />

“Being <strong>Neutral</strong> <strong>is</strong> <strong>Our</strong> <strong>Biggest</strong> Crime” 116

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