Child Soldiers Prevention Act: Security Assistance Restrictions

Child Soldiers Prevention Act: Security Assistance Restrictions

Updated October 11, 2023
Child Soldiers Prevention Act: Security Assistance Restrictions
The recruitment and use of children in armed conflict is
engage in this practice and prohibiting certain types of U.S.
broadly viewed as a human rights problem, a form of
security assistance to these countries. The law requires that
trafficking in persons, among the worst forms of child
the Secretary of State publish annually a list of countries
labor, and a war crime. The United Nations (U.N.) has
within which “governmental armed forces, police, or other
identified the recruitment and use of child soldiers as
security forces” or “government-supported armed groups,
among six “grave violations” affecting children in war and
including paramilitaries, militias, or civil defense forces,”
has established monitoring and reporting mechanisms and
recruited or used child soldiers during the previous year.
initiatives to combat this practice. The U.N. verified that
Pursuant to the CSPA, the State Department, since 2010,
more than 6,000 children were recruited and used as
has published a list of countries within the annual State
soldiers in 2022, including in Syria (1,696 children),
Department Trafficking in Persons Report (TIP Report).
Democratic Republic of the Congo (1,545), Somalia
(1,094), Mali (452), and Burma/Myanmar (235), among
Types of Security Assistance Prohibited
other countries. Most of the children were boys, and the
The following types of U.S. security assistance are
majority were recruited and used by non-state actors.
prohibited for the governments of countries designated
pursuant to the CSPA (subject to exceptions and waivers,
U.S. efforts to eradicate this phenomenon internationally
discussed below):
are guided largely by the Child Soldiers Prevention Act of
•
2008 (CSPA, Title IV of P.L. 110-457; 22 U.S.C. §2370c et
licenses for direct commercial sales (DCS) of military
seq.), which defines the term “child soldier” and prohibits
equipment;
•
certain security assistance to countries that recruit or use
foreign military financing (FMF);
•
child soldiers, among other provisions. The Child Soldier
international military education and training (IMET);
•
Prevention Act of 2018 (Title II, Subtitle B of P.L. 115-
excess defense articles (EDA); and
•
425), which became law in January 2019, strengthened
peacekeeping operations (PKO).
some of the CSPA’s provisions.
Assistance or support under Department of Defense (DOD)
Defining “Child Soldier”
authorities, such as the “train and equip” authority for
building the capacity of foreign defense forces (codified at
The recruitment or use of persons under age 15 as soldiers
10 U.S.C. §333), may also be affected. Other forms of U.S.
is prohibited by both the U.N. Convention on the Rights of
security assistance to CSPA-listed countries may continue
the Child (CRC) and the Additional Protocols to the
to be provided under the law, although constraints may be
Geneva Conventions, and is considered a war crime under
applied as a matter of policy.
the Rome Statute of the International Criminal Court. In
addition, the Optional Protocol to the CRC on the
Exceptions
involvement of children in armed conflict further prohibits
The President may provide military education and training
persons under age 18 from being compulsorily recruited
through certain institutions and/or nonlethal supplies for up
into state armed forces, from directly engaging in
to five years to a CSPA-designated country upon certifying
hostilities, and from being recruited or used in hostilities
that the recipient government is taking steps to demobilize,
“under any circumstances” by non-state armed groups. The
reintegrate, and rehabilitate child soldiers and that such
United States is a party to the Optional Protocol.
assistance will support military professionalization. The
Congress, through the CSPA, has defined child soldiers in a
prohibition on PKO does not apply to programs that support
manner consistent with the Optional Protocol. Under the
military professionalism, security sector reform, respect for
CSPA, “child soldier” refers to persons under age 18 who
human rights, peacekeeping preparation, or the
•
demobilization and reintegration of child soldiers.
take direct part in hostilities as a member of
governmental armed forces, police, or other security
Presidential Waivers
forces; or
The President has authority under the CSPA to waive all, or
• are compulsorily recruited into governmental armed
certain types, of security assistance restrictions to a given
forces, police, or other security forces (or are under 15
country if the President determines that doing so is in the
years old and are voluntarily recruited), including in
national interest and certifies to Congress that the relevant
noncombat roles (e.g., cooks or medics); or
government is “taking effective and continuing steps to
• are recruited or used in hostilities by non-state armed
address the problem of child soldiers.” The President may
forces, including in noncombat roles.
also reinstate any assistance that would otherwise be
CSPA Country List and Restrictions
prohibited by certifying that the government in question has
implemented measures, including “an action plan and actual
The CSPA aims to combat the recruitment or use of
steps” to end government or government-supported
children as soldiers by publicly identifying countries that
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link to page 2 Child Soldiers Prevention Act: Security Assistance Restrictions
recruitment or use of child soldiers and to prevent their
Prior to its January 2019 amendment, the CSPA also did
future recruitment or use.
not require the designation of countries in which child
soldiers were recruited or used by police or other
Most Recent Designations and Waivers
nonmilitary governmental security forces.
The State Department designated 17 CSPA countries in the
Some observers contend that the executive branch has at
2023 TIP Report. The report was published in June 2023,
times omitted certain countries from the CSPA list in order
although the CSPA list portion of the report was delayed
to avoid negative impacts to bilateral relations. Media
and subsequently included in September 2023. The report
reporting has occasionally indicated internal State
covers the period of April 2022 through March 2023. All 12
Department disagreement concerning CSPA list
countries that were included in the prior year’s CSPA list
determinations. For example, some State Department
remained listed. In addition, Egypt, Eritrea, Libya, Rwanda,
offices reportedly unsuccessfully argued internally for
and Turkey were added. In September 2023, President
Saudi Arabia’s inclusion on the 2019 TIP Report’s CSPA
Biden waived restrictions on FY2024 assistance for 8 of the
list. That year’s report noted reports that Saudi Arabia had
17 countries (see Table 1). Further, the President delegated
provided salaries, training, and other support to “Sudanese
authority to the Secretary of State to provide additional
combatants which included children aged 14-17 years old,
waivers for Turkey (for which the President issued a partial
who may have been used in direct hostilities in Yemen.”
waiver) or Rwanda (for which the President did not issue a
waiver). As required by the CSPA, as amended, the
Use of Presidential Waivers
President certified that each of the countries receiving
waivers were taking “effective and continuing steps to
The executive branch has frequently fully or partially
waived security assistance restrictions for CSPA-listed
address the problem of child soldiers.”
countries, allowing for the provision of hundreds of
Table 1. CSPA List and Waivers (FY2024 Assistance)
millions of dollars in otherwise restricted assistance. Often,
Country
Restriction Status
countries that do not receive waivers are those for which
Afghanistan
Restricted
little or no relevant assistance is planned. Some observers
Burma
Restricted
have criticized the frequent use of waivers, arguing that it
Central African Republic
Waiver (partial)
undermines U.S. efforts to deter countries from using child
Democratic Republic of the Congo
Waiver (partial)
soldiers. Successive Administrations have justified
Egypt
Waiver (ful )
exceptions and waivers based on a stated need to support
Eritrea
Restricted
goals such as counterterrorism or military
Iran
Restricted
professionalization. For instance, the 2023 TIP Report’s
Libya
Waiver (partial)
justification for the previous year’s waiver for certain
Mali
Restricted
assistance to Democratic Republic of the Congo (DRC)
Russia
Waiver (partial)
states in part that “PKO and IMET assistance for DRC
Rwanda
Restricted*
enables the United States to continue increasing
Somalia
Waiver (partial)
professionalization of the military, enhancing its capacity to
South Sudan
Restricted
provide security within its territory while respecting human
Syria
Restricted
rights and [international humanitarian law].”
Turkey (Türkiye)
Waiver (partial)*
The January 2019 CSPA amendment introduced new
Venezuela
Restricted
annual reporting requirements regarding assistance
Yemen
Waiver (partial)
withheld or provided to CSPA-listed countries. Due to the
Source: U.S. State Department; Federal Register, 88 FR 66671.
timing of this required report (due by June 15 and to be
Notes: * Secretary of State has authority to provide additional
included in the annual TIP Report), the State Department
waivers for Rwanda or Turkey. The waiver for Russia is “solely for
has reported on only amounts withheld or provided up to a
the issuance of DCS licenses in connection with the International
given point each fiscal year. In practice, many security
Space Station.”
assistance obligations may take place near the end of the
Issues for Congress
fiscal year and thus would not be captured in this midyear
tally. According to the 2023 TIP Report, as of April 20,
Country Determinations
2023, waivers for child soldier countries listed in the prior
year’s
Advocates have sometimes criticized the State
TIP Report had up to that point allowed for the
Department’s child soldier country designations for
obligation of more than $57 million in otherwise restricted
excluding certain countries that other U.S. government or
FY2023 assistance to Central African Republic, DRC,
U.N. reports describe as having child soldiers. In some
Somalia, and Yemen; no assistance was planned for the
cases, discrepancies may arise from differences in reporting
other CSPA-listed countries that year (Afghanistan, Burma,
timelines or from definitional differences. Notably, the
Iran, Mali, Russia, South Sudan, Syria, and Venezuela).
CSPA does not require the designation of countries in
Michael A. Weber, Analyst in Foreign Affairs
which child soldiers were recruited or used by non-state
armed groups that are not supported by the government.
IF10901

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Child Soldiers Prevention Act: Security Assistance Restrictions

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https://crsreports.congress.gov | IF10901 · VERSION 27 · UPDATED