Child Soldier Recruiter List
Context:
- US puts Pakistan, Turkey on Child Soldier Recruiter List; what this means
Child Soldier Recruiter List
- The US Child Soldiers Prevention Act (CSPA) requires the publication in the annual Trafficking in Persons (TIP) report a list of foreign governments that have recruited or used child soldiers during the previous year
- The United States of America has added Pakistan and 14 other countries to the list that identifies foreign governments having government-supported armed groups that recruit or use child soldiers.
- Child Soldier Recruiter designation could result in restrictions on certain security assistance and commercial licensing of military equipment.
- Pakistan, Turkey, Afghanistan, Myanmar, Democratic Republic of the Congo, Iran, Iraq, Libya, Mali, Nigeria, Somalia, South Sudan, Syria, Venezuela and Yemen countries are added to the list.
Role of UN
- The United Nations, has identified the recruitment and use of child soldiers as among six “grave violations” affecting children in war.
- UN has established numerous monitoring and reporting mechanisms and initiatives to combat this practice.
- The UN verified that over 7,000 children had been recruited and used as soldiers in 2019 alone.
So, who is a child soldier?
- The recruitment or use of children below the age of 15 as soldiers is prohibited by both the UN Convention on the Rights of the Child (CRC) and the additional protocols to the Geneva Conventions.
- It is considered as a war crime under the Rome Statute of the International Criminal Court.
- The Optional Protocol to the CRC on the involvement of children in armed conflict prohibits kids under the age 18 from being compulsorily recruited into state or non-state armed forces or directly engaging in hostilities.
- The United States is a party to the Optional Protocol.
How did the legislation come about?
- The United States Congress adopted the CSPA in 2008.
- It prohibits the US government from providing military assistance, including money, military education and training, or direct sales of military equipment, to countries identified as having government or government-supported forces that recruit and use child soldiers.
- Outside of the United States, the international community responded to human rights abuses inflicted on children by enacting the CRC.
Convention on the Rights of the Child (CRC)
- The CRC was adopted in 1989 and entered into force on September 2, 1990.
- Currently, 193 countries have ratified the CRC including India.
- The CRC requires state parties to “take all feasible measures” to ensure that children under 18 are not engaged in direct hostilities.
- It further prohibits the state parties from recruiting children under 15 into the armed forces.
- In 2000, the UN Committee on the Rights of the Child adopted the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
- While the CRC requires states to refrain from using children under 15 in direct hostilities, the Optional Protocol raises this age to 18.
- Valuable and necessary tools to establish international norms as they raise awareness regarding human rights abuses.
- However, these treaties are limited in scope and nature, and they tend to be idealistic rather than practicable.
- The UN’s mechanisms only bind state parties that ratify the treaties. It has no authority over countries that are not parties to the convention or are non-state entities, such as rebel militias recruiting child soldiers.
- It also relies on the signatories themselves to implement its doctrines and prevent human rights abuses around the world.
- Therefore, most of the responsibility in preventing such abuses lies with the individual countries themselves.
- While the UN has no police power mechanism to enforce its decisions.
- Therefore, the CRC and its Optional Protocol are limited by the signatories’ willingness to comply. Somalia, for example, is a signatory but it hasn’t ratified the convention.
What are prohibited for countries in the list?
The following types of security assistance are prohibited for countries that are in the list:
- Licenses for direct commercial sales of military equipment
- Foreign military financing for the purchase of defense articles and services, as well as design and construction services
- International military education and training
- Excess defense articles
- Peacekeeping operations
The countries will also not be eligible for the US Department of Defence’s “train and equip” authority for building the capacity of foreign defense forces.
How have countries reacted to the list?
- Pakistan and Turkey have categorically rejected the list, with the former calling it “baseless” and the latter accusing the US of “hypocrisy and double standards”.
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