COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF LITHUANIA ON OPTIONAL PROTOCOL ON CHILDREN AND ARMED CONFLICT

The Committee on the Rights of the Child today reviewed the initial report of Lithuania on how that country is implementing the provisions of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

Presenting the report, Violeta Murauskaité, Undersecretary of the Ministry of Social Security and Labour of Lithuania, said that, in accordance with the Lithuanian Constitution, citizens were obliged to perform mandatory military service between 19 to 26 years of age. Bearing in mind the structure of education in Lithuania, only citizens who were not younger than 18 could perform military service voluntarily. Persons who had attained the age of 18, had completed their secondary education, and wanted to acquire a military profession could enrol in the Military Academy of Lithuania. The new Criminal Code provided for criminal liability not only for taking of persons under the age of 18 by groups that were distinct from the armed forces of the State, but also for their recruitment or use in hostilities.

In preliminary concluding observations, Kamal Siddiqui, the Committee Expert serving as Rapporteur for the report of Lithuania, said that Lithuania had made substantial progress in implementing the Optional Protocol on the involvement of children in armed conflict. However, a few concerns remained to be addressed and there was always scope for improving on measures already taken.

Other Experts raised a series of questions pertaining to, among other things, trafficking of children over the border, in particular asylum-seeking or unaccompanied children who were suffering trauma from their involvement in armed conflicts, and whether there were any programmes in place to assist them; whether the Children's Ombudsman had jurisdiction over the military; if ratified international instruments had priority over domestic law, and whether their provisions could be invoked in the courts; and what controls existed to ensure that small arms and light weapons were not shipped to countries that violated international conventions. An Expert asked about the Young Rifleman's Union, which accepted members between 12 and 18 years of age, and provided military training. Another Expert wondered if, in the case of a war, members of that association would be under military command.

The Committee will release its formal, written concluding observations and recommendations on the report of Lithuania towards the end of its three-week session which will conclude on Friday, 5 October.

The delegation of Lithuania also included Eduardas Borisovas, the Permanent Representative of Lithuania to the United Nations Office at Geneva, as well as other members of the Permanent Mission of Lithuania, and other representatives from the Lithuanian Ministry of Social Security and Labour, the Ministry of Health, the Ministry of Justice, the Ministry of Education and Science, the Ministry of National Defence, and the Ministry of the Interior.

As one of the 193 States parties to the Convention, Lithuania is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty.

When the Committee next reconvenes in public, on Thursday, 20 September, at 3 p.m., it will take up the initial report of Qatar under the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/QAT/1).

Report of Lithuania

The initial report of Lithuania (CRC/C/OPAC/LTU/1) under the Optional Protocol on the involvement of children in armed conflict notes that, pursuant to the Constitution, citizens of the Republic of Lithuania must perform military or alternative national defence service and, by law, only citizens of the Republic of Lithuania who have attained the age of 18 can be voluntarily accepted into active military service. Compulsory recruitment of children under the age of 18 into the national armed forces shall be prosecuted under laws of the Republic of Lithuania. Pursuant to the Law on National Conscription, citizens between the ages of 19 to 26 may be conscripted into initial mandatory military service, while those who have written a request to a Selective Recruitment Commission or regional military conscription centre may start service at the age of 18. Those who fail to perform the initial military service can enter the Military Academy of Lithuania. The Academy is a higher school for officer training and in-service training for military service officers, accountable to the Minister of National Defence. Adults who have, as a minimum, completed their secondary education may be accepted into the Academy. At all times, cadet students can terminate their studies and discontinue their military service in the manner prescribed by law

According to the Criminal Code, recruitment of children under the age of 18 years into armed groups that do not belong to the military service, or their use in hostilities, entails criminal liability of 3 to 10 years’ imprisonment. Also in accordance with Criminal Code, a person who, in violation of international humanitarian law, in the time of armed international conflict, occupation or annexation, forces civilians or prisoners of war to serve in the armed forces of their enemy, uses them as a human shield, or induces or recruits children under the age of 18 years into armed forces or uses them in hostilities, shall be penalized with 3 to 10 years in prison. Paragraph 2 of article 105 of the Criminal Code of the Republic of Lithuania reiterates the provision on the acceptance of children into military service in armed groups that are distinct from the national armed forces, which was in force until 1 May 2003. However, the aforementioned paragraph criminalizes not only the acceptance of children into military service, but also their recruitment, and also increases the maximum possible penalty from 10 years’ imprisonment to 12 years’ imprisonment. Implementation of international humanitarian law is coordinated by the Ministry of National Defence. By a law of 30 August 2001, the Commission for the Implementation of International Humanitarian Law was established and its composition as well as its rules of procedure were approved. This Commission is a supervisory institution of the Minister of National Defence.

Presentation of Report

VIOLETA MURAUSKAITÉ, Undersecretary of the Ministry of Social Security and Labour of Lithuania, said that, in accordance with the Lithuanian Constitution, citizens were obliged to perform mandatory military service between 19 to 26 years of age. Bearing in mind the structure of education in Lithuania, only citizens who were not younger than 18 could perform military service voluntarily. Thus, young people were provided the opportunity to acquire a secondary education. Persons who had attained the age of 18, had completed their secondary education, and wanted to acquire a military profession could enrol in the Military Academy of Lithuania.

Concerning criminalization of acts stipulated in article 4 of the Protocol, Ms. Murauskaité said that article 105 of the new Criminal Code provided for criminal liability not only for taking of persons under the age of 18 by groups that were distinct from the armed forces of the State, but also for their recruitment or use in hostilities. The punishment for such acts was imprisonment for a term of 3 to 12 years.

Lithuania was one of the Eastern European countries – a region where no active military conflicts had occurred for quite a long time, Ms. Murauskaité noted.

In 2004, Lithuania had become a full-fledged member of the European Union and NATO. Owing to the geopolitical situation – i.e. as Lithuania had an eastern external European Union border – and its history – until 1991 Lithuania had been part of the Soviet Union – Lithuania was a bridge between East and West. That fact was reflected in the data on asylum-seekers who crossed the border. For 2003 to 2006, Migration Department statistics showed that in 2003 there had been 24 unaccompanied child asylum-seekers, whereas in 2006, there had been only 6. Mainly they were teenagers from 14 to 18 years, and the biggest number came from Chechnya, a part of the Russian Federation were armed conflicts had taken place some time ago. Pursuant to international humanitarian law, Lithuanian legislation provided for children asylum-seekers or for unaccompanied children. All such children were cared for at the Refugees Reception Centre in Rukla, Ms. Murauskaité said. Accommodation, food, medical treatment, education services and psychological assistance were provided for them free of charge.

Questions Raised by Experts

KAMAL SIDDIQUI, the Committee Expert serving as Rapporteur for the report of Lithuania, said that in reviewing the report and presentation by Lithuania, four facts had become clear: citizens under 18 were not allowed to be compulsorily recruited, the minimum age for voluntary enlistment was 18, and compulsory service began at age 19; Lithuania criminalized the use of children in its Armed Forces or by other armed groups; all ratified international instruments became part of domestic legislation; and Lithuania had services for social and psychological rehabilitation of children who had been affected by conflict. Those were laudable steps towards implementing the provisions of the Optional Protocol on the involvement of children in armed conflict in Lithuania.

Turning to questions, Mr. Siddiqui wondered what measures were in place for dissemination or training on the Optional Protocol. Did Lithuania have any plans to establish extraterritorial jurisdiction for war crimes against children? Did Lithuania participate in any international efforts for the prevention of the use of children in armed conflicts?

It was his understanding that there was a Children's Ombudsman in Lithuania. However, the Children's Ombudsman was not responsible for overseeing the implementation of the Protocol, which was under the responsibility of the Ministry of Defence, and Mr. Siddiqui wondered why that was.

Other Experts raised a series of questions pertaining to, among other things, what input non-governmental organizations and other civil society groups had had in the preparation of the report; trafficking of children over the border, in particular asylum-seeking or unaccompanied children who were suffering trauma from their involvement in armed conflicts, and whether there were any programmes in place to assist them; whether peace education was part of the curriculum in Lithuania; whether the Children's Ombudsman had jurisdiction over the military; if there was a monitoring mechanism for the implementation of the Convention and its Optional Protocols; if ratified international instruments had priority over domestic law, and whether their provisions could be invoked in the courts; and what controls existed to ensure that small arms and light weapons were not shipped to countries that violated international conventions. An Expert asked about the Young Rifleman's Union, which accepted members between 12 and 18 years of age, and provided military training. Another Expert wondered if, in the case of a war, members of that association would be under military command.

An Expert asked about the Rukla Centre for accommodation of asylum-seeking children and unaccompanied minors, in particular whether it was exclusively for minors.

Response to Questions

Responding, the delegation said, with regard to the status of the Convention and its Protocol, Lithuania applied a monistic approach to international treaties, which meant that ratified international treaties were applied directly in domestic legislation. International ratified treaties had superiority over national law, including those passed by Parliament. The provisions of the Convention and the Optional Protocol could be directly invoked in the Lithuanian courts.

As for concrete cases, there had been 169 cases brought in Lithuanian courts where the Convention had been at least mentioned. There had been no court cases to date in which the Optional Protocol had been invoked, however, the delegation observed.

An Expert said that mere incorporation of the Optional Protocol into domestic legislation was probably not enough, as it entailed the criminalization of a number of acts, including provision for extraterritorial liability. It was not by accident that the Protocol had been written in such a way that it would be hard to be directly invoked in court cases as a basis for prosecution.

On the training of judges, the delegation affirmed that legal studies in Lithuania included courses in international and European law. There was also a judges training programme, which included training in children's rights and child psychology for cases involving children.

Concerning the Children's Ombudsperson, in Lithuania, the Ombudsman was created by Parliament and was responsible for monitoring of all legal acts. The Ombudsman was also mandated with monitoring implementation of all international agreements, including the Convention and the Optional Protocol, too, the delegation pointed out. The Ombudsman was also able to investigate individual cases of complaint, and to make recommendations to the Government involving children's rights.

As for human rights education in this context, international humanitarian law, including the Convention and the Optional Protocol on the involvement of children in armed conflict, was part of the training programmes organized for the Lithuanian Armed Forces and the Police. Regular training sessions on human rights were organized for the Armed Forces, as well as in the Lithuanian Military Academy, in the non-commissioned officers school, and for the civil servants working in the Department of Defence. Courses for staff of the Immigration Department were regularly organized, which always included information on asylum procedures in place. They also received training in the treatment of vulnerable groups, including unaccompanied minors. In 2006, the Immigration Department had implemented a project to improve the situation of asylum-seekers, which had included the organization of five advanced seminars on psychological aspects of the asylum procedure for those involved in the process.

Peace awareness and peacekeeping training was integrated into the educational curriculum in Lithuania. From ages 8 to 10, children had civic training classes in which the Children's Rights Convention was included. Lithuania also participated in a number of international awareness-raising events on children's rights, including through the European Union.

As for the Rukla Refugee Reception Centre, it was an open centre for asylum-seekers and unaccompanied minors, the delegation underscored. Most of the children were from Chechnya and Afghanistan, and many had indeed suffered war trauma. According to the data, those children received all the psychological services they needed, including fine arts therapy. Not just children, but their families lived in the centre. The children participated in community life, they could attend local schools and were integrated. Today, there were only seven unaccompanied minors and 16 children that lived with their families in the centre. Unaccompanied minors could stay at the centre until they reached the age of 18, but there was also the possibility of placing them in foster homes.

The Rifleman's Union was an important educational and sports association in Lithuania. It had three categories of membership: those from 19 to 45 years of age, combat rifleman who supported the armed forces and were fit for active service, and participated in trainings with the regular military services; non-military rifleman, including those over 45; and those aged 12 to 18 years of age, the Young Riflemen. The Young Riflemen did not have the right to use or carry weapons and in the event of the war they were unable to be recruited into the military, as they were underage. In response to a question, the delegation clarified that in the training the Young Riflemen were acquainted with the weapons and military ways, but they were not allowed to use or carry them.

On small arms exports, manufacture and control, the delegation said that currently there were a number of laws controlling this area, including on licensing rules for import, export and sale of such goods, and a list of States with which commerce of arms was prohibited. Lithuania complied with sanctions imposed by the Security Council and the European Union. The list of countries to which export and transit of arms was prohibited was drawn up by the Lithuanian Parliament in conformity with the recommendations of the United Nations, the Organization for Security and Cooperation in Europe, and the European Union. The Law on Arms and Armaments set age requirements for buying and possessing arms, setting out 45 different categories. According to that Law, children of 16 years old could possess certain weapons used for sporting purposes, but all other categories of weapons carried age requirements of 18 and older.

The delegation said that extraterritorial jurisdiction existed for war crimes in Lithuania. Currently there were several cases that were ongoing involving war crimes, but all of them involved war crimes committed on the territory of Lithuania, in the context of the Second World War.


The delegation noted that certain groups became, in a time of war, automatically part of the national armed forces. Such groups included border police and the combatant part of the Rifleman's Union.

In a follow-up, an Expert was concerned that, given the conversion of certain groups in war time into the armed forces that children could effectively become combatants. An Expert wondered if there were any violent youth groups such as skinheads, in the country, which possessed arms, or any other armed groups, which could possibly recruit children.

The delegation noted that the duty to defend the country in wartime was more of a moral obligation than anything else. The use of children in combat was still against the law. There was no information of existing criminal youth groups that were using arms.

Preliminary Concluding Observations

In preliminary concluding observations, KAMAL SIDDIQUI, the Committee Expert serving as Rapporteur for the report of Lithuania, said that Lithuania had made substantial progress in implementing the Optional Protocol on the involvement of children in armed conflict. However, a few concerns remained to be addressed and there was always scope for improving on measures already taken. He thanked the delegation for the excellent dialogue this afternoon on armed conflict and children.


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