F R ANCE
French Republic
Population: 59.9 million (13.5 million under 18)
Government armed forces: 259,050
Compulsory recruitment age: 18 until January
2003 (conscription now suspended)
Voluntary recruitment age: 17
Voting age: 18
Optional Protocol: ratified 5 February 2003
Other treaties ratified (see glossary):
CRC, GC AP I and II, ICC, ILO 138, ILO 182
The minimum voluntary recruitment age
was 17 for government armed forces,
although recruits could not enlist until 1
October of the year in which they reached
the age of 18 years and parental consent
was required. The minimum voluntary
recruitment age for the Foreign Legion was
17 but it was not known whether under-18s
were serving.
Context
Traditionally, France has had a large military
presence abroad. In 2004 French troops were
taking part in UN peacekeeping operations
overseas, including in Afghanistan, Côte d’Ivoire,
Haiti and Kosovo. Since 1998 France has been
involved in the RECAMP program (Reinforcement
of African Peacekeeping Capacities), in which
French, United Kingdom (UK) and US troops
support the defence capabilities of government
forces in Africa.1
Government
National recruitment legislation and
practice
The 1997-2002 Military Planning Act provides
for the suspension of conscription as part of a
reform program to professionalize and reorganize
the armed forces that has reduced the number
of troops and closed 80 out of 160 defence
establishments.2 Conscription was suspended
from 1 January 2003 under the Law on National
Service Reform, Law No. 97-1019 of 28 October
1997, which amended the 1972 National Service
Code. President Jacques Chirac announced on 29
June 2001 that, in practice, compulsory military
service would be suspended at the end of 2001.
Law No. 97-1019 allows the government to
reinstate conscription at any time (Article L112-2)
and the legislation providing for national service
has not been repealed. The minimum age for
CHILD SOLDIERS GLOBAL REPORT 2004
compulsory recruitment is 18, under Law No. 72662 of 13 July 1972 (Article 88).3
The 1997 Law on National Service Reform
granted exemption from military service to men
born after 31 December 1978 and women born
after 31 December 1982 (Article L112-1). During
the 1997-2002 transition period outlined by the
reform plan, men born before January 1979 were
still required to perform ten months of service.
Instead of national service, French boys and girls
are required to attend a “call-up day for defence
preparedness” (journée d’appel de préparation
à la défense), where they are informed about
the benefits of a military career. They must
register for the one-day program before they are
16 and attend one before they are 18 (Articles
L113-1, L114-2). After the program, they may
volunteer for civilian or military service, join the
armed forces or undergo training. The 1997 law
also provides for all school students to take a
compulsory course on defence as part of the
school curriculum.4
Under the 1997 law, the minimum age for
voluntary recruitment is 18 (Article L121-1).
Service is for 12 months and may be renewed
every year for up to five years. The National
Service Code specifies that volunteers may enlist
from 1 October of the year in which they turn 18
(Book II, Article L5). Volunteers under 18 may
enlist with parental consent under Law No 72-662
of 13 July 1972 (Article 88).
Voluntary recruits to the Foreign Legion must
be between 17 and 40. Under-18s must have
parental consent to enlist. Selected candidates
sign a five-year unconditional contract to serve
anywhere in the world. They are trained for
four months at the Fourth Foreign Regiment in
Castelnaudray before being posted.5
Military training and military schools
Military schools in France include four for the
army (Prytanée national militaire, Lycée Militaire
de Saint-Cyr, Lycée Militaire d’Aix-en-Provence,
and Lycée Militaire d’Autun) and one for the navy
(Lycée Naval de Brest). Students are admitted to
the air force school, the Ecole d’Enseignement
Technique de l’Armée de L’Air de Saintes, from
the age of 16. There is also a Polytechnic School
(Ecole Polytechnique). Under Law No 70-631 of
July 1970, as amended by Law 94-577 of July
1994, candidates for the Polytechnic School must
be 17 to sit admission exams and may enter the
school during the year in which they turn 18.6
Developments
International standards
At a special UN Security Council session on
Children in Armed Conflict on 20 January 2004,
the Permanent Representative of France to the
UN backed international mechanisms to combat
the use of child soldiers, and said France had
presented a draft resolution to Security Council
members, the main aim of which was close
monitoring of the recruitment and use of child
soldiers by armed groups.7
1 Permanent Mission of France to the UN, http://
www.un.int/france.
2 French embassy, UK, Reform of French national
defence, http://ambafrance- uk.org/asp/
hp.asp?LNG=en.
3 Loi no 97-1019 du 28 octobre 1997 portant
réforme du service national (Law No. 97-1019 of
28 October 1997 on National Service Reform),
http://www.legifrance.gouv.fr (Les lois et
règlements).
4 Ministry of Defence, National Service,
http://www.defense.gouv.fr/sga/sga_sup_4/
servicenat_s4/index.html.
5 French embassy, USA, http://ambafrance-us.org
(Foreign Legion).
6 Ministry of Defence, http://www.defense.gouv.fr/
actualites/dossier/index.html (Lycées militaires),
and http://www.defense.gouv.fr/air/index.html
(Les formations).
7 Children in armed conflicts, Statement made by
the Permanent Representative of France to the
UN Security Council, 20 January 2004, http://
www.un.int/france.
CHILD SOLDIERS GLOBAL REPORT 2004