VENEZUELA

CRC OPTIONAL PROTOCOL (ARMED CONFLICT)

RESERVATIONS AND DECLARATIONS

(Unless otherwise indicated, the reservations and declarations were made upon ratification, accession or succession)

Declaration:

[The minimum age for conscription and voluntary enlistment into the national armed forces of the Bolivarian Republic of Venezuela is between 18 and 50 years, in accordance with the provisions of the Constitution and laws of the Republic.

The safeguards adopted by the Government of the Bolivarian Republic of Venezuela to ensure that such recruitment is not forced or coerced are as follows:

1. Article 134 of the Constitution of the Bolivarian Republic of Venezuela provides:

"Everyone, in accordance with the law, has the duty to provide the necessary civilian or military services for the defence, preservation and development of the country, or to deal with situations of public emergency. No one may be subjected to forced recruitment."

2. When a person has been subjected to forced recruitment, article 27, first paragraph of the Constitution of the Bolivarian Republic of Venezuela provides that: "everyone has the right to be protected by the courts in the enjoyment and exercise of all constitutional rights and guarantees, including those inherent personal rights which are not expressly laid down in this Constitution or in the international human rights instruments".

3. The Constitution also provides, in article 31, first paragraph, that "everyone has the right, under the provisions laid down in the human rights treaties, covenants and conventions ratified by the Republic, to send petitions or complaints to the international organs created for these purposes, in order to seek protection of human rights".

4. Furthermore, article 4 of the Military Conscription and Enlistment Act provides that military age is the period during which Venezuelans have military obligations and are between 18 and 50 years of age. No Venezuelan under the age of 18 has military obligations or the duty to register for military service.