33
d.
Such persons provide reliable proof of age prior to acceptance into
national military service.
118. The State ratified said Protocol on September 27, 2002. Upon said
ratification, as established in Article 3(2) of said treaty, the State deposited an
instrument whereby it established that the minimum age for recruitment into the
Paraguayan military service was 16. Nevertheless, on March 14, 2006, the President
of the Republic signed a declaration that would replace the one deposited with the
ratification instrument, whereby it was established that voluntary or compulsory
military service in Paraguay would not apply to minors under the age of 18.
119. In 1999, the Inter-American Commission issued a general recommendation
for eradicating the recruitment of children and their participation in armed conflict.53
In said general recommendation, the Commission set forth that “[a]lthough laws in
most member countries [of the Organization of American States] establish a
minimum age of 18 for conscription; practices violating the human rights of children
persist. The Commission finds such practices comparable to slavery and forced
servitude.”54
120. Pursuant to these considerations, Article 3 of Convention No. 182 of the
International Labor Organization concerning the prohibition and immediate action for
the elimination of the worst forms of child labor, sets forth that forced or compulsory
recruitment of children for use in armed conflict will be considered a form of slavery
or practice similar to slavery, which must be eradicated.55
121. Similarly, the Rome Statute of the International Court of Justice prohibits
recruiting minors under the age of 15 into the armed forces and their active
involvement in hostilities.56
122. The foregoing considerations reflect a trend in international law to avoid the
incorporation of minors under the age of 18 into the armed forces and to guarantee,
in all circumstances, that minors under the age of 18 do not participate directly in
hostilities.
123. Despite this international trend, the domestic legislation of Paraguay prohibits
recruiting minors under the age of 18 into the armed forces.
124. Law No. 569/75 of December 24, 1975, which provides for compulsory
military service in Paraguay, in force at the time the minor Vargas-Areco was
recruited, sets forth that compulsory military service must be fulfilled by males aged
18 to 19.”57
53
ICHR, Annual Report of the Inter-American Commission on Human Rights 1999, Chapter 6,
Recommendation for eradicating the recruitment of children and their participation in armed conflicts,
OEA/Ser.L/V/II.106Doc. 3, of April 13, 2000, page 1619.
54
ICHR, Recommendation for eradicating the recruitment of children and their participation in
armed conflicts, supra note 53, page 1620.
55
WTO, Convention on the prohibition and immediate action for the elimination of the worst forms
of child labor, approved on June 17, 1999, ratified by Paraguay on March 7, 2001, Article 3(a).
56
Rome Statute of the International Court of Justice, approved on July 17, 1998, in force since July
1, 2002, Articles 8(2)(b)(xxvi) and 8(2)(e)(vii).
57
Law No. 569/75, supra note 13, section 3(a) and 15.