Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698934141209.pdf (Micronesia, Federated States of)
STANDING COMMITTEE REPORT NO.

17-80 RE: C.R.

No.

17-89/H&SA SUBJECT: THE ACCESSION OF THE FEDERATED STATES OF MICRONESIA TO THE OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT.

JANUARY 28, 2012 The Honorable Isaac V. Figir Speaker, Seventeenth Congress Federated States of Micronesia Third Regular Session, 2012 Dear Mr. Speaker: Your Committee on Health and Social Affairs, to which was jointly referred C.R.

No.
No.

17-89, entitled: “A RESOLUTION TO APPROVE THE ACCESSION OF THE FEDERATED STATES OF MICRONESIA TO THE OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT.”, begs leave to report as follows: Your Committee on Health and Social Affairs held a public hearing on this matter with the Department of Foreign Affairs, the Department of Health, and SBOC on January 24, 2012 on the above-captioned resolution.
Secretary of Foreign Affairs Robert stated that his department wholeheartedly supported this resolution.

The Secretary of Foreign Affairs informed your Committee that currently, the Convention on the Rights of the Child prohibits children under the age of 15 years of age from participating in armed conflict.

The optional protocol to this Convention, which is the subject of Congressional Resolution No.

17-89, would prohibit children under the age of 18 from participating in armed conflict.
The Secretary SCRL 17-88/CRN 17-89- STANDING COMMITTEE REPORT NO.

17-80 RE: C.R.

No.

17-89/H&SA SUBJECT: THE ACCESSION OF THE FEDERATED STATES OF MICRONESIA TO THE OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT.

JANUARY 28, 2012 stated that protection for our young people was very important and that the Federated States of Micronesia should join the global community in support of this greater protection of our young people’s human rights.
The Secretary of Health & Social Affairs also stated that her department supported this resolution to prevent our young people from serving in armed conflicts before the age of 18.

This hearing was continued to allow the Department of Justice to be present to comment on any relevant legal issues.
The hearing was continued on January 25, 2012, in addition to your Committees on External Affairs and Health & Social Affairs, the Departments of Justice, Foreign Affairs, SBOC and Health & Social Affairs were in attendance.
The Department of Justice gave the historical background to the Convention on the Rights of the Child, that was signed in 1993, and its optional protocol regarding the involvement of children in armed conflict, thereby satisfying questions your Committee on External Affairs had regarding the ratification process.

The F.S.M already signed the protocol in 2002 therefore, the proper legal process for this resolution is ratification.

All reference to the “accession” should be struck in C.R.

No.
No.

17-89 and “ratify” or “ratification” inserted.

Your Committee on Health and Social Affairs was further advised by the Departments of Foreign Affairs and Justice that a review of state and national laws will be made if the optional protocol is ratified and any necessary legislation will be drafted to ensure full implementation.

After due deliberation your Committee favored the adoption of C.R.

No.

17-89.

The Committee recommends that C.R.

No.


17-89 be amended to strike any reference to “accession” and insert “ratify or “ratification” as explained by witnesses from the Department of Justice, which is the proper legal process in this instance.

Your Committee on Health and Social Affairs recommends the following amendments to C.R.

No.

17-89: 2 STANDING COMMITTEE REPORT NO.

17-80 RE: C.R.

No.
17-80 RE: C.R.

No.

17-89/H&SA SUBJECT: THE ACCESSION OF THE FEDERATED STATES OF MICRONESIA TO THE OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT.

JANUARY 28, 2012 1.

Page 1, title, delete title; and insert “To ratify the Optional Protocol to the Convention of the Rights of a Child on the Involvement of Children in Armed Conflict” in lieu thereof.

2.

Page 2, line 16, delete “accession”; and insert “ratification” in lieu thereof.

3.
3.

Page 2, line 22, delete “Second Special Session”, 2011”; and insert “Third Regular Session, 2012” in lieu thereof.

4.

Page 2, line 23, delete “Congress approves”.

5.

Page 2, line 23, delete “accession”, and insert “ratification” in lieu thereof.

Your Committee on Health and Social Affairs is in accord with the intent and purpose of C.R.

No.

17-89, and recommends its adoption in the form attached hereto as C.R.

No.

17-89, C.D.1.

3 STANDING COMMITTEE REPORT NO.

17-80 RE: C.R.

No.
17-80 RE: C.R.

No.

17-89/H&SA SUBJECT: THE ACCESSION OF THE FEDERATED STATES OF MICRONESIA TO THE OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT.
JANUARY 28, 2012 Respectfully submitted, /s/ Tony H. Otto Tony O. Otto, chairman /s/ Yosiwo P. George Yosiwo P. George, vice chairman /s/ Tiwiter Aritos Tiwiter Aritos, member Dohsis Halbert, member /s/ Florencio S. Harper Florencio S. Harper, member /s/ Berney Martin Berney Martin, member Joseph H. Urusemal, member 4