Child Soldiers Global Report 2001 - Luxembourg

GRAND DUCHY OF LUXEMBOURG

Mainly covers the period June 1998 to April 2001 as well as including some earlier information.

• Population:
  – total: 426,000
  – under-18s: 91,000
• Government armed forces:¹¹⁵⁷
  – active: 849
  – paramilitary: 612
• Compulsory recruitment age: no conscription
• Voluntary recruitment age: 17
• Voting age (government elections): 18
• Child soldiers: indicated in government armed forces – 24 under-18s in 2001
• CRC-OP-CAC: signed on 8 September 2000; does not support "straight" 18 position
• Other treaties ratified: CRC; GC/API+II; ICC

• In 2001 the Government reported there were 24 voluntary recruits under the age of 18 in the armed forces, but stated that under-18s are not deployed in situations of armed conflict. Under-18 recruitment is set to continue, however legal provisions are being established to ensure there will be no under-18 deployment either in situations of armed conflict or in peace-keeping operations.

GOVERNMENT

National Recruitment Legislation and Practice

Article 96 of the 1868 Constitution (Chapter VII Public Forces) states that "[A]ll matters connected with the armed forces are regulated by law".¹¹⁵⁸ Conscription was abolished in 1967. Nevertheless, to fulfil its NATO obligations, Luxembourg maintains a small armed force of volunteers which is regulated by the Law on the Organisation of the Armed Forces of 23 July 1952.¹¹⁵⁹ According to Article 19, voluntary enlistment is possible for citizens who have reached the age of 17. They are then subject to the military criminal code which is otherwise only applicable to adults. Article 24 states that volunteers receive military instruction but can be used 'out of the corps' in case of national interest. In accordance with Article 20 of a law of August 1997 dealing with the reorganisation of the army, a regulation was issued on 6 July 1999 to establish the conditions of recruitment, training and payment of volunteers in the army. Since 1999, a new department (Direction de la Defence) has been created and is charged with the recruitment and training of the volunteers.¹¹⁶⁰

Military Training and Military Schools

A working group of civil servants from the education and defence departments is currently developing a future programme for an army military school (Ecole de l'armee). This school will be coordinated with technical schools or CFPC and with technical workshops of the army, in order to promote an optimal vocational training programme leading towards a CATP, a CIPT or a CCM.¹¹⁶¹

Child Recruitment and Deployment

According to the Permanent Representative of Luxembourg in Geneva, there are currently 24 seventeen-year-olds in the armed forces.¹¹⁶² Within the context of plans for opening up recruitment to other European citizens, a provision is foreseen whereby volunteers under the age of 18 will not be able to take part in missions in armed conflict areas or for the maintenance or re-establishment of peace. Parental consent will be required for voluntary recruits under the age of 18. There is no deployment of under-18-year-olds in peacekeeping operations.¹¹⁶³

DEVELOPMENTS

International Standards

Luxembourg signed the CRC-OP-CAC on 8 September 2000 but does not support a "straight-18" position.

1157 Active total provided in a letter to the Coalition from the Representation Permanente du Grand-Duche de Luxembourg a Geneve, 7/3/01; paramilitary figure from IISS, Military Balance, op. cit.

1158 http://www.urich.edu/jpjones/confinder/const.htm.

1159 Last modification by the Law of 2 August 1997, Journal Officiel du Grand-Duche de Luxembourg, A, No. 59, 14/8/97.

1160 http://www.gouvernement.lu/gouv/fr/doss/rapact/mae.rtf.

1161 Ibid.

1162 Representation Permanente du Grand-Duche de Luxembourg op. cit.

1163 Ibid.