Under customary, Islamic and Hindu Law, also, the age of majority is considered to be
puberty, which is ambiguous.
Furthermore, the State Party has reported that the law allows for recruitment as soldiers
of persons under the age of 18 in exceptional circumstances; although it also reported
that in practice, there has been no such recruitment. The Committee observes that
section 29 (6) of the National Defence Force provides that:
No person under the apparent age of eighteen years shall be enrolled without the
consent in writing of one of his parents or guardian or, where the parents are dead or
unknown, by the District Commissioner of the District in which that person resides.
The Committee is of the firm view that this provision of the law is contrary to Article 22
(2) of the ACRWC, which obliges State Parties thereto to ‘take all necessary measures
to ensure that no child shall take a direct part in hostilities and refrain, in particular, from
recruiting any child’.
The Committee urges the State Party to repeal the foregoing provisions of the National
Defence Act so as to align it along the provisions of Article 22 of the ACRWC.
The State Party has reported that its law provides for a separate criminal justice system
for ‘juveniles’, who have been defined as persons less than 16 years. The Committee
also observes that the Children and Young Persons Act sets up the age of criminal
responsibility by defining a child as ‘any person under the age of 12, and a young
person as ‘any person who is twelve years of age or upwards and under the age of
sixteen years’.
Again, the State Report provides that its current laws are in compliance with the ILO’s
Minimum Age Convention of 1973. The 2004 Employment and Labour Relations Act
states that:
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