Updated October 31, 2022
Child Soldiers Prevention Act: Security Assistance Restrictions
The recruitment and use of children in armed conflict is
CSPA Reporting and Restrictions
broadly viewed as a human rights problem, a form of
The CSPA aims to combat the recruitment or use of
trafficking in persons, among the worst forms of child
children as soldiers by publicly identifying countries that
labor, and a war crime. The United Nations (U.N.) has
engage in this practice and restricting certain types of U.S.
identified the recruitment and use of child soldiers as
security assistance to these countries. The law requires that
among six “grave violations” affecting children in war and
the Secretary of State publish annually a list of countries
has established monitoring and reporting mechanisms and
within which “governmental armed forces, police, or other
initiatives to combat this practice. The U.N. verified that
security forces” or “government-supported armed groups,
more than 6,000 children were recruited and used as
including paramilitaries, militias, or civil defense forces,”
soldiers in 2021, including in Syria (1,296), Somalia
recruited or used child soldiers during the previous year.
(1,161), Democratic Republic of the Congo (565), Mali
Pursuant to the CSPA, the State Department, since 2010,
(352), Central African Republic (329), and
has published a list of countries within the annual State
Burma/Myanmar (280), among other countries. Most of the
Department Trafficking in Persons Report (TIP Report).
children were boys, and the majority were recruited and
used by non-state actors.
Types of Security Assistance Prohibited
The following types of security assistance are prohibited for
U.S. efforts to eradicate this phenomenon internationally
the governments of countries designated pursuant to the
are guided largely by the Child Soldiers Prevention Act of
CSPA (subject to exceptions and waivers, discussed
2008 (CSPA, Title IV of P.L. 110-457), which defines the
term “child soldier” and restricts
below):
certain security assistance
to countries that recruit or use child soldiers, among other
licenses for direct commercial sales (DCS) of military
provisions. The Child Soldier Prevention Act of 2018 (Title
equipment;
II, Subtitle B of P.L. 115-425), which became law in
foreign military financing (FMF);
January 2019, strengthened some of the CSPA’s provisions.
international military education and training (IMET);
excess defense articles (EDA); and
Defining “Child Soldier”
peacekeeping operations (PKO).
The recruitment or use of persons under age 15 as soldiers
Assistance or support under some Department of Defense
is prohibited by both the U.N. Convention on the Rights of
(DOD) authorities, such as the “train and equip” authority
the Child (CRC) and the Additional Protocols to the
for building the capacity of foreign defense forces (codified
Geneva Conventions, and is considered a war crime under
at 10 U.S.C. §333), may also be affected. Other forms of
the Rome Statute of the International Criminal Court. In
U.S. security assistance to CSPA-listed countries may
addition, the Optional Protocol to the CRC on the
continue to be provided under the law, although constraints
involvement of children in armed conflict further prohibits
may be applied as a matter of policy.
persons under age 18 from being compulsorily recruited
into state armed forces, from directly engaging in
Exceptions
hostilities, and from being recruited or used in hostilities
The President may provide military education and training
“under any circumstances” by non-state armed groups. The
through certain institutions and/or nonlethal supplies for up
United States is a party to the Optional Protocol.
to five years to a CSPA-designated country upon certifying
Congress, through the CSPA, has defined child soldiers in a
that the recipient government is taking steps to demobilize,
manner generally consistent with the Optional Protocol.
reintegrate, and rehabilitate child soldiers and that such
Under the CSPA, “child soldier” refers to persons under age
assistance will support military professionalization. The
18 who
prohibition on PKO does not apply to programs that support
military professionalism, security sector reform, respect for
take direct part in hostilities as a member of
human rights, peacekeeping preparation, or the
governmental armed forces, police, or other security
demobilization and reintegration of child soldiers.
forces; or
are compulsorily recruited into governmental armed
Presidential Waivers
forces, police, or other security forces (or are under 15
The President has authority under the CSPA to waive all, or
years old and are voluntarily recruited), including in
certain types, of security assistance restrictions to a given
noncombat roles; or
country if the President determines that doing so is in the
are recruited or used in hostilities by non-state armed
national interest and certifies to Congress that the relevant
forces, including in noncombat roles.
government is “taking effective and continuing steps to
address the problem of child soldiers.” The President may
also reinstate any assistance that would otherwise be
prohibited by certifying that the government in question has
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implemented measures, including “an action plan and actual
list. That year’s report noted reports that Saudi Arabia had
steps” to end government or government-supported
provided salaries, training, and other support to “Sudanese
recruitment or use of child soldiers and to prevent their
combatants which included children aged 14-17 years old,
future recruitment or use.
who may have been used in direct hostilities in Yemen.”
Most Recent Designations and Waivers
Use of Presidential Waivers
The State Department designated 12 CSPA countries in the
The executive branch has frequently waived security
2022 TIP Report, which was published on July 19, 2022,
assistance restrictions for CSPA-listed countries, allowing
and covered the period of April 2021 through March 2022.
for the provision of hundreds of millions of dollars in
Compared with the prior year’s CSPA list, nine countries
otherwise restricted assistance; countries that do not receive
remained listed; Central African Republic and Russia were
waivers are rarely those for which relevant assistance is
added; and Iraq, Libya, Nigeria, Pakistan, and Turkey were
planned. Some observers have criticized the frequent use of
removed. In October 2022, President Biden partially
waivers, arguing that it undermines U.S. efforts to deter
waived restrictions on FY2023 assistance for five countries
countries from using child soldiers. Successive
(see Table 1). As required by the CSPA, as amended, the
Administrations have justified exceptions and waivers
President certified that each of the countries receiving
based on a stated need to support goals such as
waivers were taking “effective and continuing steps to
counterterrorism or military professionalization.
address the problem of child soldiers.”
Waiver Example: FY2022 Assistance
Table 1. CSPA List and Waivers (FY2023 Assistance)
to Somalia
Country
Restriction Status
Child soldier information (from 2021 TIP
Afghanistan
Restricted
Report): While al-Shabaab committed the vast
Burma
Restricted
majority of instances of recruitment and use of child
Central African Republic
Waiver (partial)
soldiers, “there were reports of the Somali federal
Democratic Republic of the Congo
Waiver (partial)
defense and police forces ... Puntland forces and
Iran
Restricted
police, Jubaland forces, Galmudug forces and police,
Mali
Restricted
federal and state gendarmes, and clan militias” also
Russia
Waiver (partial)
recruiting and using child soldiers aged 10 to 17.
Somalia
Waiver (partial)
Executive branch’s waiver justification (from
South Sudan
Restricted
2022 TIP Report): U.S. strategy “focuses on
Syria
Restricted
achieving a unified, peaceful, and democratic Somalia,
Venezuela
Restricted
with a stable and representative government” that is
Yemen
Waiver (partial)
capable of combating terrorism and piracy, among
Source: U.S. State Department; Federal Register, 87 FR 61943.
other capacities. A waiver for IMET and PKO
Notes: The waiver for Russia is “solely for direct commercial sales in
assistance supports Somali military professionalization
connection with the International Space Station.”
and the building of “effective and rights-respecting
security forces.” In addition, a waiver for DOD “train
Issues for Congress
and equip” assistance helps build capacity to conduct
counterterrorism operations against al-Shabaab.
Country Determinations
Advocates have sometimes criticized the State
The January 2019 CSPA amendment introduced new
Department’s child soldier country designations for
annual reporting requirements regarding assistance
excluding certain countries that U.N. or other reports
withheld or provided to CSPA-listed countries. Due to the
describe as having child soldiers. In some cases,
timing of this required report (due by June 15 and to be
discrepancies may arise from differences in reporting
included in the annual TIP Report), the State Department
timelines or from definitional differences. Notably, the
has reported on only partial amounts withheld or provided
CSPA does not require the designation of countries in
up to a given point in that fiscal year. In practice, many
which child soldiers were recruited or used by armed
security assistance obligations may take place near the end
groups that are not supported by the government. Prior to
of the fiscal year and thus would not be captured in this
its January 2019 amendment, the CSPA also did not require
midyear tally. According to the 2022 TIP Report, as of
the designation of countries in which child soldiers were
April 5, 2022, waivers for child soldier countries listed in
recruited or used by police or other nonmilitary
the prior year’s TIP Report had up to that point allowed for
governmental security forces.
the obligation of over $38 million in otherwise restricted
FY2022 assistance to Democratic Republic of the Congo,
Some observers contend that the executive branch has at
Iraq, Nigeria, Pakistan, Somalia, South Sudan, Turkey, and
times omitted certain countries from the CSPA list in order
Yemen; no assistance was planned for the other CSPA-
to avoid negative impacts to bilateral relations. Media
listed countries that year (Afghanistan, Burma, Iran, Libya,
reporting has occasionally indicated internal State
Mali, Syria, and Venezuela).
Department disagreement concerning CSPA list
determinations. For example, some State Department
Michael A. Weber, Analyst in Foreign Affairs
offices reportedly unsuccessfully argued internally for
Saudi Arabia’s inclusion on the 2019 TIP Report’s CSPA
IF10901
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Child Soldiers Prevention Act: Security Assistance Restrictions
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https://crsreports.congress.gov | IF10901 · VERSION 13 · UPDATED