The Child Soldiers Prevention Act (CSPA) is a
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
federal statute
In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
signed into law by President
George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
on December 23, 2008, as part of the
. The law criminalizes leading a military force which recruits child soldiers. The law's definition of child soldiers includes "any person under 18 years of age who takes a direct part in hostilities as a member of governmental armed forces."
Legislative history
Pre-2008 bills
On July 28, 2006, Representative
Chris Smith (R–NJ) introduced a bill called the Child Soldier Prevention Act of 2006, which was referred to the
House Committee on International Relations
The United States House Committee on Foreign Affairs, also known as the House Foreign Affairs Committee, is a standing committee of the U.S. House of Representatives with jurisdiction over bills and investigations concerning the foreign affairs o ...
, where it died.
On April 19, 2007, Senator
Dick Durbin
Richard Joseph Durbin (born November 21, 1944) is an American lawyer and politician serving as the senior United States senator from Illinois, a seat he has held since 1997. A member of the Democratic Party, Durbin has served as the Senate Dem ...
(D–IL) introduced a similar bill, which gained 35 cosponsors.
On June 7, 2007, Rep.
Jim Marshall (D–GA) reintroduced the Child Soldier Prevention Act, which gained 13 cosponsors.
On July 12, 2007, Rep.
Jeff Fortenberry
Jeffrey Lane Fortenberry (born December 27, 1960) is a former United States congressman. He served in the United States House of Representatives from 2005 to 2022, representing as a member of the Republican Party.
In October 2021, a federal ...
(R–NE) also introduced the bill, which gained 15 cosponsors of its own.
2008 law
The Child Soldiers Prevention Act was introduced as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 in the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
on December 9, 2008, by Rep.
Howard Berman
Howard Lawrence Berman (born April 15, 1941) is an American attorney and retired politician who served as a U.S. representative from California from 1983 to 2013. A member of the Democratic Party, he represented the state's 26th congressional ...
(D–CA) and cosponsored by six other Representatives:
John Conyers
John James Conyers Jr. (May 16, 1929October 27, 2019) was an American politician of the Democratic Party who served as a U.S. representative from Michigan from 1965 to 2017. The districts he represented always included part of western Detroit. ...
(D–MI), Jeff Fortenberry (R–NE),
Zoe Lofgren
Susan Ellen "Zoe" Lofgren ( ; born December 21, 1947) is an American lawyer and politician serving as a U.S. representative from California. A member of the Democratic Party, Lofgren is in her 13th term in Congress, having been first elected in 1 ...
(D–CA),
Ileana Ros-Lehtinen
Ileana Ros-Lehtinen (; born Ileana Carmen Ros y Adato, July 15, 1952) is a politician and lobbyist from Miami, Florida, who represented from 1989 to 2019. By the end of her tenure, she was the most senior U.S. Representative from Florida. She wa ...
(R–FL),
Bobby Scott (D–VA), and Chris Smith (R–NJ).
The bill was referred to the House Foreign Affairs,
Energy and Commerce, and
Judiciary Committees.
On December 10, Berman asked for
unanimous consent
In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house (or leave of the senate), is a situation in which no member present objects to a prop ...
to discharge the bill from committee.
The bill would then pass the House without objection.
On the same day, the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
passed the bill without amendment by unanimous consent.
On December 23, President
George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
signed the bill into law.
Proposed amendments
On July 13, 2011, Rep. Jeff Fortenberry (R–NE) introduced a bill to amend the Child Soldiers Prevention Act of 2008 to prohibit
peacekeeping
Peacekeeping comprises activities intended to create conditions that favour lasting peace. Research generally finds that peacekeeping reduces civilian and battlefield deaths, as well as reduces the risk of renewed warfare.
Within the United N ...
operations assistance to countries that recruit and use child soldiers.
On February 16, 2017, Rep. Chris Smith (R–NJ) introduced his own amendment to the CSPA, which was cosponsored by four other Representatives:
Randy Hultgren
Randall Mark Hultgren (; born March 1, 1966) is an American politician who served as the U.S. representative for from 2011 to 2019. He is a member of the Republican Party.
Hultgren represented the 48th district Senate seat in the Illinois Gener ...
(R–IL),
Jim McGovern (D–MA),
Randy Weber
Randall Keith Weber (born July 2, 1953) is an American businessman and politician who has represented Texas's 14th congressional district in the United States House of Representatives since 2013. He was previously a member of the Texas House of ...
(R–TX), and
Frederica Wilson
Frederica Smith Wilson (born Frederica Patricia Smith, November 5, 1942) is an American politician who has been a member of the United States House of Representatives since 2011, representing . Located in South Florida, Wilson's congressional dis ...
(D–FL).
List
Timeline
In addition to the above countries the Islamic Republic of Pakistan has been added to the list as of Jul
2021
Waivers and removals
The CSPA bans the United States from providing military assistance or arms sales to governments that use children in combat, but the president may waive the application of the law for specific countries if it is deemed to be in the
national interest
The national interest is a sovereign state's goals and ambitions (economic, military, cultural, or otherwise), taken to be the aim of government.
Etymology
The Italian phrase ''ragione degli stati'' was first used by Giovanni della Casa around t ...
.
On October 25, 2010, the first waivers were issued for the CSPA by President
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
, which were applied to
Chad
Chad (; ar, تشاد , ; french: Tchad, ), officially the Republic of Chad, '; ) is a landlocked country at the crossroads of North and Central Africa. It is bordered by Libya to the north, Sudan to the east, the Central African Republic ...
, the
Democratic Republic of the Congo
The Democratic Republic of the Congo (french: République démocratique du Congo (RDC), colloquially "La RDC" ), informally Congo-Kinshasa, DR Congo, the DRC, the DROC, or the Congo, and formerly and also colloquially Zaire, is a country in ...
,
Sudan
Sudan ( or ; ar, السودان, as-Sūdān, officially the Republic of the Sudan ( ar, جمهورية السودان, link=no, Jumhūriyyat as-Sūdān), is a country in Northeast Africa. It shares borders with the Central African Republic t ...
, and
Yemen
Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
.
In a memo sent to
Hillary Clinton
Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States sen ...
, the
Secretary of State, Obama said it was in the
national interest
The national interest is a sovereign state's goals and ambitions (economic, military, cultural, or otherwise), taken to be the aim of government.
Etymology
The Italian phrase ''ragione degli stati'' was first used by Giovanni della Casa around t ...
of the United States to do so.
On October 27, senior US officials said that Yemen was exempted because ending military aid would jeopardize the country's ability to fight
al-Qaeda
Al-Qaeda (; , ) is an Islamic extremism, Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arab, Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military ta ...
.
The
military of Yemen
The Armed Forces of Yemen ( ar, الْقُوَّاتُ الْمُسَلَّحَةُ الْيَّمَّنِيَّة, Al-Quwwat Al-Musallahah Al-Yamaniyah) are the military forces of the Republic of Yemen. They include the Yemeni Army (including t ...
was suspected of enlisting children as young as 15 and regional militias of enlisting children 14 and older.
In Sudan, US military assistance was seen as critical in helping the
southern part of the country build military institutions in the event that it voted to secede in the
January 2011 referendum.
The leaders of the southern region agreed in 2009 to end the use of child soldiers in their forces, but in December of that year, 1,200 children ages 12 to 17 were still in the
Sudan People's Liberation Army
The South Sudan People's Defence Forces (SSPDF), formerly the Sudan People's Liberation Army (SPLA), is the army of the South Sudan, Republic of South Sudan. The SPLA was founded as a guerrilla movement against the government of Sudan in 198 ...
.
The Democratic Republic of the Congo was exempted because US-supported programs were helping its
military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
become more professional and fight rights abuses.
Chad was also granted an exception, which was said to be a reward for its role in fighting terrorism and hosting an estimated 280,000 refugees from the
Darfur
Darfur ( ; ar, دار فور, Dār Fūr, lit=Realm of the Fur) is a region of western Sudan. ''Dār'' is an Arabic word meaning "home f – the region was named Dardaju ( ar, دار داجو, Dār Dājū, links=no) while ruled by the Daju, ...
region of Sudan.
On October 4, 2011, Obama certified that the
government of Chad
The Government of Chad has been ruled by Mahamat Déby since 20th April 2021.
The Republic of Chad maintains an embassy in the United States at 2401 Massachusetts Avenue, NW, Washington D.C.
Cabinet
See also
* Minister of Foreign Affairs (Ch ...
had implemented measures that include an action plan and actual steps to come into compliance with the CSPA, waived its application for Yemen, and waived in part for the Democratic Republic of the Congo.
According to
US National Security Council
The United States National Security Council (NSC) is the principal forum used by the President of the United States for consideration of national security, military, and foreign policy matters. Based in the White House, it is part of the Execut ...
spokesperson
Tommy Vietor,
South Sudan
South Sudan (; din, Paguot Thudän), officially the Republic of South Sudan ( din, Paankɔc Cuëny Thudän), is a landlocked country in East Africa. It is bordered by Ethiopia, Sudan, Central African Republic, Democratic Republic of the C ...
was not penalized because it "wasn't a country during the reporting period
f the 2011 Trafficking in Persons Reportand isn't subject to the CSPA."
On September 28, 2012, Obama waived the application of the CSPA for
Libya
Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to Egypt–Libya bo ...
, South Sudan, and Yemen, but only in part for the Democratic Republic of the Congo.
On September 30, 2013, waivers were issued for Chad, South Sudan, and Yemen, but only partial waivers for the Democratic Republic of the Congo and
Somalia
Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constituti ...
.
On September 30, 2014, Obama waived the application of the CSPA for
Rwanda
Rwanda (; rw, u Rwanda ), officially the Republic of Rwanda, is a landlocked country in the Great Rift Valley of Central Africa, where the African Great Lakes region and Southeast Africa converge. Located a few degrees south of the Equator ...
, Somalia, and Yemen, but only waived in part for the
Central African Republic
The Central African Republic (CAR; ; , RCA; , or , ) is a landlocked country in Central Africa. It is bordered by Chad to the north, Sudan to the northeast, South Sudan to the southeast, the DR Congo to the south, the Republic of th ...
, the Democratic Republic of the Congo, and South Sudan.
On September 29, 2015, Obama waived the application of the CSPA for the Democratic Republic of the Congo,
Nigeria
Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
, and Somalia, but only waived in part for South Sudan.
On September 28, 2016, Obama waived the application of the law for
Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
,
Myanmar
Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John C. Wells, Joh ...
, and Nigeria.
The CSPA was waived in part for the Democratic Republic of the Congo to allow for provision of
International Military Education and Training International Military Education and Training (IMET) is the title of a United States security assistance program, a type of student exchange program.
History
Congress established the IMET program in the International Security Assistance and Arms ...
and
Peacekeeping Operations
Peacekeeping comprises activities intended to create conditions that favour lasting peace. Research generally finds that peacekeeping reduces civilian and battlefield deaths, as well as reduces the risk of renewed warfare.
Within the United N ...
assistance to build the country's military's capacity to counter the
Lord's Resistance Army
The Lord's Resistance Army (LRA), also known as the Lord's Resistance Movement, is a rebel group and heterodox Christian group which operates in northern Uganda, South Sudan, the Central African Republic, and the Democratic Republic of the Co ...
and other armed groups.
It was also waived in part for Rwanda, Somalia, and South Sudan.
On July 28, 2017, a memo written by about a dozen officials at the
United States Department of State
The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...
said that
Rex Tillerson
Rex Wayne Tillerson (born March 23, 1952) is an American engineer and energy executive who served as the 69th U.S. secretary of state from February 1, 2017, to March 31, 2018, under President Donald Trump. Prior to joining the Trump administ ...
, the Secretary of State, breached the CSPA when he decided in June to exclude
Afghanistan
Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
, Iraq, and Myanmar from the list altogether.
The memo, which was sent through the
Dissent Channel, was sent to
Brian Hook
Brian H. Hook (born 1968) is an American lawyer and government official. He served as U.S. Special Representative for Iran and Senior Policy Advisor to Secretary of State Mike Pompeo from September 2018 to August 2020. He previously served as the ...
, the
Director of Policy Planning
The Director of Policy Planning is the United States Department of State official in charge of the department's internal think tank, the Policy Planning Staff. In the department, the Director of Policy Planning has a rank equivalent to Assistant ...
.
On September 1, 2017, Hook responded to the memo by acknowledging that the three countries did use child soldiers but said it was necessary to distinguish between governments "making little or no effort to correct their child soldier violations...and those which are making sincere—if as yet incomplete—efforts."
On September 30, 2017, President
Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of Pe ...
waived the application of the CSPA for the Democratic Republic of the Congo,
Mali
Mali (; ), officially the Republic of Mali,, , ff, 𞤈𞤫𞤲𞥆𞤣𞤢𞥄𞤲𞤣𞤭 𞤃𞤢𞥄𞤤𞤭, Renndaandi Maali, italics=no, ar, جمهورية مالي, Jumhūriyyāt Mālī is a landlocked country in West Africa. Mali ...
, Nigeria, Somalia, and South Sudan.
See also
*
Military use of children
Children (defined by the Convention on the Rights of the Child as people under the age of 18) have been recruited for participation in military operations and campaigns throughout history and in many cultures.
Children in the military, includ ...
*
Trafficking in Persons Report
The Trafficking in Persons Report, or the TIP Report, is an annual report issued since 2001 by the U.S. State Department's Office to Monitor and Combat Trafficking in Persons. It ranks governments based on their perceived efforts to acknowledge a ...
References
{{Reflist
External links
Child Soldiers (2010)
United States foreign relations legislation
Prevention Act
Sanctions legislation
United States sanctions