Child Soldiers Global Report 2001 - Armenia

REPUBLIC OF ARMENIA

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

• Population:
  – total: 3,525,000
  – under-18s: 1,101,000
• Government armed forces:
  – active: 41,300
  – reserves: 210,000
  – paramilitary: 1,000
• Compulsory recruitment age: 18
• Voluntary recruitment age: 18
• Voting age (government elections): 18
• Child soldiers: indicated in government armed forces
• CRC-OP-CAC: not signed
• Other treaties ratified: CRC; GC/API+II; ILO 138

• There have been reports of the forced recruitment of refugee children from Azerbaijan into the Armenian army despite legal minimum age requirements of 18 for both compulsory and voluntary recruitment. The Committee on the Rights of the Child meeting in January 2000 recommended that the government take special protection measures for children affected by armed conflict and refrain from conscripting children into its armed forces.

CONTEXT

Armenia has been in a state of undeclared war with Azerbaijan since 1988 over claims to the autonomous republic of Nagorno-Karabakh. The Armenian government has always denied any direct military involvement in the Nagorno-Karabakh conflict, although Armenian troops have clearly engaged in the conflict. Peace negotiations have taken place within the framework of the Minsk group, but the conflict has not been resolved.¹⁰⁰

GOVERNMENT

National Recruitment Legislation and Practice

The legal basis of conscription is the 1991 Law on Military Duty, Article 1 of which states: "Military service on the territory of the Republic of Armenia constitutes the duty of the citizens of the Republic of Armenia." All men between the ages of 18 and 27 are liable for military service.¹⁰¹ The length of service is two years.¹⁰² Postponement is possible for students at state-run institutions, up to the age of 26 (article 28 of the 1991 Law).¹⁰³ All men aged 16 to 18 may receive pre-draft instructions,¹⁰⁴ whereby they are informed that they are registered on the call-up lists and must undergo a medical examination. According to the authorities, actual call-up for military service does not take place before the age of 18. The law provides that conscripts must receive a written request to attend the medical examination and, immediately prior to call-up, a reminder stating the exact time and location to which they are required to report.¹⁰⁵ According to UNICEF, the Law on Military Duty states 18 years as a minimum age for voluntary enlistment.¹⁰⁶

Conscription of those over 18 has been widely criticised for failing to meet international human rights standards. Illegal conscription methods, for instance press-ganging and manhunts, as well as bribery and corruption, have been reported in the past.¹⁰⁷ Draft evasion¹⁰⁸ and desertion are widespread due to ill-treatment and poor conditions in the armed forces, with several deaths of young conscripts reportedly resulting from physical abuse.¹⁰⁹ There is no civilian alternative to military service.

Child Recruitment

Recruitment of children under 18 has been reported to occur in practice. The Committee on the Rights of the Child, at its January 2000 session, raised questions regarding reports of refugee children from Azerbaijan being forced to join the Armenian army. The delegation responded that Armenian children in Nagorno Karabakh had been known to take up arms against Azerbaijan "in defence of their territory" but that there were no reports of children participating in armed conflict at the present time and that furthermore Armenian law clearly stipulated a minimum age of 18 for recruitment. The Committee recommended that Armenia should refrain from conscripting children into the armed forces and should take special protection and rehabilitation measures for children affected by armed conflict.¹¹⁰

Child Involvement in Military Training

Age of admission to military training schools is another area of concern, with one source stating this to be 14 years¹¹¹ and another source citing 16 years.¹¹²

100 Tamrazian H., "Armenia/Azerbaijan: Summit Revives Optimism Over Nagorno-Karabakh", Radio Free Europe, Radio Liberty, 23/8/99. See also Tamrazian H", "Armenia/Azerbaijan: Presidents Support Renewed Diplomacy On Karabakh", Radio Free Europe, Radio Liberty, 23/8/99. See also "Dialog zwischen Armenien und Aserbeidschan: zweites Treffen der Präsidenten in Genf", Neue Zürcher Zeitung, 24/8/99.

101 Horeman and Stolwijk, op. cit.; information provided by UNICEF, 18/8/99.

102 The Question of Conscientious Objection to Military Service, Report of the Secretary-General pursuant to Commission resolution 1995/83, UN Doc. E/CN.4/1997/99.

103 Horeman and Stolwijk op. cit.

104 UNICEF, 18/8/99, op. cit.

105 Horeman and Stolwijk, op. cit.

106 UNICEF, 18/8/99, op. cit.

107 Military officials responsible for conscription have allegedly detained family members, illegally and arbitrarily, in order to force young men to report for conscription (AI, Armenia: Comments on the Initial Report submitted to the United Nations Human Rights Committee, EUR 54/05/98, 9/98; US Department of State, Armenia Country Report on Human Rights Practices for 1998, 2/99) Bribes ranging from US$3,000 to US$10,000 (beyond the financial reach of most Armenians) are reportedly used to obtain exemption from military service (Horeman and Stolwijk op. cit.).

108 In 1993-1994, 90 per cent of eligible conscripts reportedly failed to respond to call-up (Horeman and Stolwijk op. cit.).

109 HRW Report 1999; also AI Armenia comments op. cit.

110 UN press release, Committee on the Rights of the Child concludes review of status of children's rights in Armenia, 20/1/00, HR/CRC/00/15 and also UN document reference CRC7C794.

111 Horeman and Stolwijk op. cit.

112 UNICEF, 18/8/99 op. cit.