1700 – 007 – Human Trafficking:

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Human Trafficking

Part 7 of a 7 part series

International, Regional, and Sub-Regional Organizations for a Combating Trafficking In Persons

Annual Report on the Use of Child Soldiers

SECTIONS 405(C) AND (D) OF THE CHILD SOLDIERS PREVENTION ACT (CSPA) OF 2008 (22 U.S.C. 2370C-2(C) AND (D))

This report is submitted in accordance with section 405(c) and (d) of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c-2(c) and (d)) (CSPA). Section 1 lists the countries identified as being in violation of the standards under the CSPA in 2020. Section 2 provides a description and the amounts of assistance withheld pursuant to section 404(a) of the CSPA. Section 3 provides a list of waivers or exceptions exercised under the CSPA. Section 4 contains the justifications for such waivers. Section 5 provides a description and the amounts of assistance provided to countries pursuant to such waivers.

Section 1. Countries in Violation of the Standards Under the CSPA in 2020.

The Secretary of State identified the following countries as having governmental armed forces, police, or other security forces or government-supported armed groups that recruited or used child soldiers within the meaning of section 404(a) of the CSPA during the reporting period of April 1, 2019 – March 31, 2020: Afghanistan, Burma, Cameroon, Democratic Republic of the Congo (DRC), Iran, Iraq, Libya, Mali, Nigeria, Somalia, South Sudan, Sudan, Syria, and Yemen.

Section 2. Description and Amount of Assistance Withheld Pursuant to Section 404(a).

State withheld $850,000 in FY 2021 International Military Education and Training (IMET) funds for Mali pursuant to section 404(a) and other applicable restrictions.

Section 3. List of Waivers or Exceptions Exercised under Section 404(a).

On October 14, 2020, the President determined that it is in the national interest of the United States to waive the application of the prohibition in section 404(a) of the CSPA with respect to Afghanistan, Cameroon, Iraq, Libya, and Nigeria; and to waive the application of the prohibition in section 404(a) of the CSPA with respect to the DRC to allow for the provision of IMET and Peacekeeping Operations (PKO) assistance, to the extent that the CSPA would restrict such assistance or support; to waive the application of the prohibition in section 404(a) of the CSPA with respect to Somalia to allow for the provision of IMET and PKO assistance and DoD support provided pursuant to 10 U.S.C. 333, to the extent that the CSPA would restrict such assistance or support; to waive the application of the prohibition in section 404(a) of the CSPA with respect to South Sudan to allow for the provision of PKO assistance, to the extent that the CSPA would restrict such assistance or support; and, to waive the application of the prohibition in section 404(a) of the CSPA with respect to Yemen to allow for the provision of PKO and IMET assistance and DoD support provided pursuant to 10 U.S.C. 333, to the extent that the CSPA would restrict such assistance or support. The President further certified that the governments of the above countries are taking effective and continuing steps to address the problem of child soldiers.

Section 4. Justifications for Waivers and Exceptions.

Pursuant to section 404 of the Child Soldiers Prevention Act of 2008 (CSPA) (22 U.S.C. 2370c-1), the President has determined that it is in the national interest of the United States to waive the application of the prohibition in section 404(a) of the CSPA with respect to Afghanistan, Cameroon, Iraq, Libya, and Nigeria; and to waive, in part, the application of the prohibition with respect to the Democratic Republic of the Congo, Somalia, South Sudan, and Yemen. The President has further certified that the governments of the above countries are taking effective and continuing steps to address the problem of child soldiers. The justification for this determination and certification with respect to each country is set forth in this Memorandum.

Afghanistan

The President has determined it is in the national interest of the United States to waive the application of the prohibition in section 404(a) of the CSPA with respect to the Government of Afghanistan (GOA) and has certified that the GOA is taking effective and continuing steps to address the problem of child soldiers.

Security assistance to Afghanistan subject to the CSPA restriction fulfills critical U.S. counterterrorism objectives and fosters conditions that enable an end to the conflict in Afghanistan. For example, the International Military Education and Training (IMET) program funds professional military education and training for the Afghanistan National Defense and Security Forces (ANDSF) that improves their capabilities, promotes respect for human rights, improves defense resource management, civil-military cooperation, and education on gender-based violence and women’s health, and enhances interoperability for U.S.-Afghan joint operations.

This sustained assistance to the ANDSF through IMET plays an important role in preserving Afghanistan’s security, political, and economic gains, including by enhancing awareness of and respect for human rights across the ANDSF. Continuing to bolster Afghan military capability and professionalization through military education and training of Afghan security forces will contribute to a climate that is more favorable for achieving a political settlement and implementing its outcomes.

The GOA is taking effective and continuing steps to address the problem of child soldiers. In 2019, the Afghan Ministry of Interior expanded child protection units (CPUs) to all 34 provinces, an increase from the 27 CPUs in 2018, to prevent the recruitment of children into the Afghan National Police. According to international organizations, the CPUs prevented the recruitment of 439 children in 2019. The Ministries of Interior and Defense also issued directives meant to prevent the recruitment and sexual abuse of children by the ANDSF.

The United States will continue engaging with Afghan security forces to encourage implementation of the policies and legal frameworks in place, such as the Ministry of Defense’s Protection of Children in Armed Conflict Policy.

Cameroon

The President has determined it is in the national interest of the United States to waive the application of the prohibition in section 404(a) of the CSPA with respect to Cameroon and has certified that the Government of Cameroon is taking effective and continuing steps to address the problem of child soldiers.

The U.S. government’s current military assistance goals with Cameroon are to increase: 1) military professionalization, 2) maritime security capabilities, and 3) counterterrorism capabilities. The limited U.S. military assistance to Cameroon plays a role in its ability to support regional stability and security, including in the strategically important Gulf of Guinea, and to address the threat in the Lake Chad region from Boko Haram and ISIS-West Africa. Current military assistance to Cameroon includes IMET and Peacekeeping Operations (PKO) funding. IMET funding for Cameroon increases the professionalization of the military through professional military education (PME) training in the United States. Along with overall PME training, IMET funding for Cameroon also strengthens military justice and civil-military relations, helping make Cameroon’s armed forces more transparent and accountable. PKO funded counter-terrorism assistance to Cameroon helps improve its capabilities to combat Boko Haram and ISIS-West Africa, which increases stability and protects civilians in the Lake Chad region. PKO funding may also support Cameroon’s maritime security capabilities to combat piracy, a growing regional economic threat. This waiver will allow the U.S. government to provide security assistance to make Cameroon’s military more professional through an appreciation of the importance of human rights and rule of law. It will promote peace and security in the region through maritime security and counterterrorism capacity building.

The Government of Cameroon is taking effective and continuing steps to address the problem of child soldiers. In November 2018, President Biya announced the creation of a National Disarmament, Demobilization, and Reintegration (DDR) Committee. Although the DDR Committee is not specifically dedicated to removing child soldiers from the field of battle, its mission is to facilitate the disarmament and reintegration of ex-fighters of Boko Haram and ISIS-West Africa and armed separatist groups in the Southwest and Northwest Regions, irrespective of their ages. In 2018, the president created regional disarmament centers in Bamenda, Northwest Region, Buea in the Southwest Region, and Mora in the Far North Region. The DDR Committee works to equip former child soldiers with resources for income-generating activities and reintegrate them into their communities. During an early July 2019 evaluation meeting in Yaoundé, the Head of the DDR Committee, Francis Fai Yengo, stated that at least 56 armed separatist fighters in the Northwest and Southwest Regions were reported to have laid down their arms and joined DDR centers, while 109 Boko Haram fighters had laid down their weapons in the Far North Region and were being housed at the DDR center in Mora. The Government of Cameroon also acknowledges that recruitment and use of child soldiers by armed Anglophone separatists and Boko Haram is a problem.

Cameroon has laws and regulations that prohibit the recruitment and use of child soldiers and the government generally enforces these provisions. We are engaging with the government of Cameroon to encourage an investigation of the single case of Cameroon’s security forces using a child for the gathering of intelligence that resulted in their inclusion on the 2020 CSPA list and to prevent similar situations from occurring again.

The Democratic Republic of the Congo (DRC)

The President has determined it is in the national interest of the United States to waive in part the application of the prohibition in section 404(a) of the CSPA with respect to DRC to allow for the provision of IMET and PKO assistance and has certified that the Government of the DRC is taking effective and continuing steps to address the problem of child soldiers.

The DRC plays a critical role in regional stability and security as malign influences continue to expand their influence in the region. President Felix Tshisekedi has demonstrated that he is a willing partner committed to addressing instability and conflict in DRC, but needs U.S. security assistance to succeed in defeating armed groups threatening local populations, including the ISIS-affiliated Allied Democratic Forces (ADF). Unlike during the years under former President Kabila, senior Congolese Armed Forces (FARDC) leadership now welcomes increased military cooperation with the United States. The country faces numerous longstanding challenges, including: inadequate infrastructure and human resources; the government’s inability to project authority across the sizable country; corruption; a limited capacity to raise and manage revenues; outbreaks of infectious disease; as well as the destabilizing activity of numerous armed groups. PKO and IMET funding for DRC would enable the United States to continue to work to increase professionalization of the military, allowing it to provide security within its territory without resorting to violations or abuses of human rights or violations of international humanitarian law (IHL). In addition, PKO and IMET funding has supported areas such as military justice, civil-military relations, human rights training, IHL training, English language training, military engineering, and resource management and logistics, which not only enhances security provision, but also helps make the FARDC a more transparent, accountable institution. President Tshisekedi has stated that he believes that improved security will enable health workers to counter COVID and other global health threats stem illicit mineral smuggling, other illicit trafficking of natural resources and transnational criminal organizations, catalyze regional economic integration, and provide a much-needed boost to DRC’s development.

A secure DRC is essential to attracting the foreign investment and business necessary to leverage the country’s estimated $24 trillion in mineral wealth and improve the welfare and livelihood of millions of Congolese people. Greater stability and self-reliance is one of our top strategic objectives in the DRC, such that our more than half a billion dollars in annual bilateral assistance can be wound down, and our focus turned more fully toward trade and investment. U.S. security assistance supports a more stable, democratically-governed nation through improving the capacity and governance of core national-level security institutions, creating an environment conducive to economic opportunities, responding to urgent humanitarian needs, and addressing the root causes of conflict. As the DRC’s principal partner in ending its devastating almost 2-year Ebola outbreak in the East and a major contributor to humanitarian assistance overall, the United States can leverage existing relationships to multiply and synergize the impact of PKO assistance. This waiver will allow the United States to provide security assistance that will support improving governance and the rule of law, promoting peace and security, combating corruption, advancing human rights, and creating conditions for greater U.S. investment and economic growth. It also offers an opportunity to improve civil-military relations and influence the next generation of FARDC leadership at a time when the government is undertaking initiatives to transform that historically strained relationship.

The Government of the DRC is taking effective and continuing steps to address the problem of child soldiers and these efforts have accelerated since President Tshisekedi took office in January. The number of prosecutions of both state and armed group actors for human rights violations and abuses, including unlawful recruitment and use of children, is at an all-time high, as are the number of separations of children from armed groups. For the fifth consecutive year, there were no cases of unlawful recruitment or use by FARDC. Reports of human rights violations attributable to state security forces is on a downward trend. The government established a formal anti-trafficking inter-ministerial committee that monitored shelters, coordinated with NGOs and international organizations to identify and protect victims and drafted and launched the government’s first national anti-trafficking action plan. In partnership with international organizations, the government also continued to undertake measures to prevent and end the use of child soldiers, including separating child soldiers from non-state armed groups, and conducting age verification screening of recruits. The government convicted a former colonel in the FARDC and the leader of an armed group for trafficking crimes, among others; sentenced them to penalties, including significant prison terms; and ordered the leader of an armed group and two accomplices to pay restitution to over 300 victims of sexual enslavement and other crimes. When the FARDC justice system received credible reports that soldiers in the 2105th regiment had abducted underage girls, they quickly opened an investigation and detained suspected abusers. While COVID-19 restrictions have slowed the investigation, two soldiers have been charged and are in prison awaiting trial, while the local prosecutor is pursuing charges against another eight soldiers.

Iraq

The President has determined it is in the national interest of the United States to waive the application of the prohibition in section 404(a) of the CSPA with respect to Iraq and has certified that the Government of Iraq (GOI) is taking effective and continuing steps to address the problem of child soldiers.

U.S. strategy in Iraq is focused on working with the GOI to achieve a unified, democratic, peaceful, and inclusive Iraq by: defeating the terrorist entity known as the Islamic State of Iraq and Syria (ISIS); promoting good governance and reform; supporting the increased capacity and professionalization of Iraq’s security forces to bring them more in line with international best practices; promoting human rights; and promoting the protection of Iraq’s diverse and often marginalized communities, regardless of their ethnicity, religion, or gender. This waiver will allow the United States to continue to provide the assistance, support, and human rights training necessary to achieve these goals, and to help Iraq build its capacity to conduct effective, sustained counterterrorism operations against ISIS.

The GOI is taking effective and continuing steps to address the problem of child soldiers. Iraqi law requires all soldiers, including volunteers in Popular Mobilization Forces (PMF) militias, to be of 18 years of age or older, and Iraq is a party to the Optional Protocol on the Involvement of Children in Armed Conflict (OPAC). The number of incidents of child soldier recruitment and use continue to decline, according to data from an international organization in 2019. In December 2019, Iraq presented a proposal to prepare a comprehensive plan to reduce unlawful child recruitment operations in armed and terrorist conflicts to an intragovernmental committee headed by the Ministry of Labor and Social Affairs. This proposal was approved by the committee with funding. According to an international organization, in December 2019, the GOI discharged 40 boys who had been recruited by Tribal Mobilization Forces (TMF) and provided them with rehabilitation and integration program in coordination with the international organization. A UN body also reported that the GOI provided training to security forces against child soldiering during the reporting period. In addition, the GOI has made progress centralizing payment systems, including for the PMF, which helps to prevent government salaries from being paid to children.

As part of this effort, the United States government will continue working to encourage the GOI to monitor progress and take additional actions to prevent the unlawful recruitment and use of child soldiers, and to identify, demobilize, rehabilitate, and reintegrate children serving in militias associated with the PMF. The United States government urges the GOI to continue its ongoing attempts to assert command and control over all elements of the PMF.

Libya

The President has determined it is in the national interest of the United States to waive the application of the prohibition in section 404(a) of the CSPA with respect to the Government of National Accord (GNA) in Libya and has certified the GNA is taking effective and continuing steps to address the issue of child soldiers.

The Department of State assesses that immense social and economic insecurity caused by the current conflict is the primary driver for the ongoing unlawful recruitment and use of child soldiers in Libya. In addition to GNA-aligned units, others, including the self-styled Libyan National Army, have engaged in the recruitment and use of child soldiers. The Department of State further assesses that the most durable solution to the unlawful recruitment and use of child soldiers will be a negotiated political settlement that ends Libya’s current conflict. As the UN-recognized government of Libya, the GNA and its military leaders are critical interlocutors in these discussions. Withdrawing security sector assistance at a pivotal stage of negotiations could undermine the U.S. government’s ability to achieve a durable cessation of hostilities in Libya. In the absence of a political settlement, the war in Libya will continue to destabilize the broader region, creating space for violent extremists to regroup.

The United States provides targeted assistance to strengthen key Libyan institutions and build security capacity, promote political reconciliation, and increase Libya’s capacity to stand on its own through more effective governance.

Security sector assistance to Libya, while nascent, is used exclusively to tackle the underlying causes of the Libyan conflict and shape Libya’s security institutions in a positive direction. Our current PKO-funded programming supports planning and capacity building for electoral security as well as planning for an eventual security sector reform (SSR) in the country. These initiatives, as well as any near-term security sector programming, will be used to support the security sector reform/disarmament, demobilization, and reintegration (SSR/DDR) and governance needed to end the conflict and the recruitment and use of child soldiers.

The Department of Defense intends to re-engage with and build the capacity of the Libyan armed forces under 10 U.S.C. 333 in support of U.S. national interests in fighting terrorism, countering violent extremist organizations and illicit smuggling. This support would be intended to provide carefully calibrated capacity-building for units not directly engaged in the current conflict.

The GNA is taking effective and continuing steps to address the problem of child soldiers, including by working closely with the U.S. government in the context of our recurring bilateral Security Dialogue to disarm and demobilize the militias, which engage in their recruitment and use. GNA security sector leaders are also closely engaged in UN-led efforts to negotiate the terms of a ceasefire agreement, which could remove the impetus for the unlawful recruitment and use of child soldiers. The U.S. government will continue to engage with the Libyan government to urge militias to cease the unlawful recruitment of children and to make proper referrals for such children. The GNA has also committed to providing unhindered access to an international fact-finding mission created under the auspices of the UN Human Rights Council in June 2020 to document human rights abuses in Libya. The fact-finding mission has a mandate to document abuses by GNA and non-state militias, including child soldier recruitment or use.

Nigeria

The President has determined it is in the national interest of the United States to waive the application of the prohibition in section 404(a) of the CSPA with respect to the Government of Nigeria (GON) and has certified that the GON is taking effective and continuing steps to address the problem of child soldiers.

The U.S. government’s current security assistance goals with Nigeria are to: 1) increase the professionalism of the Nigerian armed forces, including respect for human rights and mitigating civilian harm; 2) reduce the threats violent extremist organizations pose to Nigeria and the Lake Chad region; and 3) increase security in the Gulf of Guinea. These goals are directly aligned with the National Security Strategy, Africa Strategy, Africa Bureau, and Mission Nigeria goals for security assistance. Accordingly, it is in the United States’ national interest to continue to pursue these lines of effort.

Security assistance subject to the CSPA restriction that is currently provided to Nigeria includes IMET, Foreign Military Financing (FMF), PKO, Excess Defense Articles (EDA) and Department of Defense support provided pursuant to 10 U.S.C. 333. IMET funding supports the training and education to increase the professionalization of the military through professional military education (PME) training in the United States. FMF has supported Nigeria’s ability to participate in peacekeeping, counterterrorism and maritime security operations. Funds typically support training and equipment sustainment, including spare parts for Nigeria’s C-130 fleet. We also expect that FMF may support elements of the Foreign Military Sales (FMS) program for the Super Tucanos. Section 333 is used to support the Air-to-Ground Integration (AGI) program, which integrates intelligence, surveillance and reconnaissance (ISR), precision strike, and military intelligence to increase the effectiveness of the Nigerian Air Force while reducing the potential for civilian harm through human rights and IHL training in support of the nationally-funded FMS Super Tucano A-29 lines of effort. Section 333 is used to support a related ISR effort to provide tactical Unmanned Aerospace Systems (UAS). Lastly, section 333 is used to support counter-improvised explosive devices (C-IED) or route clearance programming which enables the Nigerian military to escort humanitarian assistance convoys in the volatile Northeast where the violence wrought by ISIS-West Africa and Boko Haram has displaced 1.8 million civilians and rendered 9.8 million in the Lake Chad region in need of humanitarian assistance. Nigeria may receive EDA for maritime security improvements in the form of former U.S. Coast Guard vessels, which have been used to improve maritime navigation and counter-piracy efforts in the Gulf of Guinea and Niger Delta. PKO-funded assistance to Nigeria includes AGI advisory support to increase Nigerian Air Force effectiveness and reduce civilian harm; advisory support for Nigerian military intelligence institutions; development of a Fast-Rope Insertion and Extraction System; and Civil-Military Operations training. In FY 2020, support is expected to expand to include efforts to strengthen Nigerian cadre and training facilities at their basic and advanced infantry schools. A full waiver the application of the prohibition in section 404(a) of the CSPA with respect to Nigeria allows the U.S. government to continue to provide security assistance in delivery of the above lines of efforts.

The Government of Nigeria is taking continuing and effective steps to address the problem of child soldiers. The steps include continuing to support during the reporting period the UN – Civilian Joint Task Force (CJTF) Action Plan to end use and recruitment of child soldiers. Recruitment and use of child soldiers by the CJTF, a non-governmental self-defense force that receives limited support from the Borno State government, contributed to Nigeria’s listing under the CSPA from 2015-2018 due to its past use of children. In September 2017, the Borno State government witnessed the signature of, and provided administrative support to help implement, an action plan between the CJTF and the UN to end the CJTF’s recruitment and use of children. The UN and the CJTF, with the support of the government, have since identified and formally separated over 1,700 children, including 894 in May 2019. Since the signing of the action plan in 2017, the UN has not reported any further use of children by the CJTF. The Nigerian military has also responded to end the unlawful recruitment and use of child soldiers when isolated incidents are brought to their attention. In October 2019, at least two children (under the age of 15) were recruited and used in supporting roles at a remote checkpoint in Northeast Nigeria. Following community-level engagement by UNICEF, the use ended. Some military personnel are participating in training programs on children’s rights. There were no other reports of child soldier use in 2019.

The Government of Nigeria should continue to make progress in combating the unlawful recruitment and use of child soldiers. In compliance with the Action Plan signed with the UN, the Borno State government should continue to support the CJTF to release any remaining child soldiers and cease to recruit any new ones. The Embassy will press the Nigerian government to improve the education of its armed forces on the laws and policy against the unlawful recruitment and use of child soldiers and to pay particular attention to remote outposts where such incidents are more likely to occur. The Embassy will continue to collaborate with UNICEF and other NGOs and encourage the government to view them as a resource in the joint effort to eliminate the unlawful recruitment and use of child soldiers.

Somalia 

The President has determined it is in the national interest of the United States to waive in part the application of the prohibition in section 404(a) of the CSPA with respect to Somalia to allow for the provision of IMET, PKO, and support provided pursuant to 10 U.S.C. 333 and has certified that the Government of Somalia is taking effective and continuing steps to address the problem of child soldiers.

The U.S. strategy in Somalia focuses on achieving a unified, peaceful, and democratic Somalia, with a stable and representative government able to defeat the foreign terrorist organization al-Shabaab; prevent terrorists and pirates from using its territory as a safe haven; provide for its own internal defense; and facilitate and foster development, growth, and political inclusion, while progressing towards long-term stability and prosperity. The waiver for IMET assistance will support the professionalization of the Somali military. This assistance enables the U.S. government to continue to fulfill its goal of assisting the Federal Government of Somalia (FGS) to build effective and rights-respecting security forces, which are indispensable to achieving greater military effectiveness. The waiver for PKO assistance, used in assisting efforts to form broad-based, multi-clan Somali security forces, will also support this goal. Further, a waiver for support provided by the Department of Defense pursuant to 10 U.S.C. 333 will allow for U.S. government assistance to build the Somali military’s capacity to conduct effective, sustained counterterrorism operations against al-Shabaab and, through cooperation, help reinforce U.S. values including those related to preventing and responding to the unlawful recruitment and use of child soldiers.

The FGS is taking effective and continuing steps to address the problem of child soldiers. The FGS agreed on an action plan with the United Nations in 2012 to end the recruitment and use of children by the Somali National Army (SNA). While implementation of the action plan at the subnational level was limited until 2016, the SNA’s Child Protection Unit (CPU), which is partially funded by the United States, put particular emphasis on screening, training and an aggressive media campaign. With U.S. support, the CPU carried out six screening missions that examined over 1,500 SNA troops in 2019, and identified four minors within the SNA, according to the 2019 CPU annual report. They also trained 176 officials in the identification of child soldiers and have training focal points in each SNA sector regarding the prohibition against children in armed conflict. The CPU raised awareness of child protection activities, through inter-ministerial meetings with the Ministry of Women and Human Rights, Internal Security, Justice, Health and Education, and developed and disseminated radio and print media content regarding the prevention of child recruitment and conscription in armed conflict.

In June 2019, the Minister of Justice and Judiciary launched Somalia’s version of a UN advocacy and action campaign called “ACT to Protect,” aimed at protecting children affected by armed conflict, and the CPU established a “Children Affected by Armed Conflict” working group.

The United States continues to work with the FGS, including through the CPU, and the UN to monitor progress on the 2012 action plan and urge additional actions to prevent the unlawful recruitment and use of child soldiers and to demobilize, rehabilitate, and reintegrate children identified in the SNA or associated groups, or children previously associated with al-Shabaab.

South Sudan

The President has determined that it is in the U.S. national interest to waive in part the application of the prohibition in section 404(a) of the CSPA with respect to South Sudan to allow for provision of PKO assistance and has certified that the Government of South Sudan is taking effective and continuing steps to address the problem of child soldiers.

PKO funds will be used to continue to support the Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM), which includes regional and international personnel that monitor, identify, and report on parties responsible for violations of the December 2017 Agreement on the Cessation of Hostilities (COH) and the ceasefire provisions of the September 2018 Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). PKO funds will also be used to continue support to the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), which oversees overall implementation of the R-ARCSS. Notably, the R-ARCSS requires the Government of South Sudan to refrain from the recruitment and/or use of child soldiers. PKO funds have been used to support UNICEF child soldier prevention efforts in South Sudan. They may also be used to support the Community of Sant’Egidio’s facilitation of South Sudan peace talks. PKO funds may also support International Code of Conduct Association efforts to improve oversight of private security contractors at the United Nations Mission in South Sudan (UNMISS) to ensure that UNMISS is able to fulfill its mandate of protection of civilians to help enable the peace process to succeed. Given the essential role that these monitoring mechanisms or efforts play as the parties to the R-ARCSS continue to work to implement the peace agreement and form a transitional government, waiving restrictions to PKO assistance is in the U.S. national interest.

The Government of South Sudan is taking effective and continuing steps to address the problem of child soldiers. By signing the R-ARCSS it has affirmed its intent to end the recruitment and use of child soldiers. The government’s efforts to address child soldiers are continually discussed at regular RJMEC and CTSAMVM meetings. South Sudan is party to the OPAC, and in 2019, armed groups released an additional 259 child soldiers, and established a process for identifying others to UNICEF through the Disarmament, Demobilization, and Reintegration (DDR) commission, established under the R-ARCSS. The Government of South Sudan has engaged with the UN on creating an action plan to address “six grave violations against children,” including unlawful recruitment and use. Despite commitments from South Sudan armed groups in February 2019 to prevent and end the “six grave violations” against children, the UN continues to verify reports of such “grave violations” against children committed by all parties to the conflict. Significant work needs to be done to address this practice in South Sudan, and the U.S. government will continue to urge the government to take additional steps to prevent the unlawful recruitment or use of child soldiers. Multiple NGO reports indicate the continued unlawful recruitment and use of child soldiers by governmental armed forces and that the collection and verification of information pertaining to child soldier recruitment and use was often hindered by access constraints. A waiver to allow the continuation of PKO assistance to support CTSAMVM and RJMEC will help maintain accountability regarding the Government of South Sudan’s unlawful recruitment and use of child soldiers by allowing critical funding for the continued operation of these key oversight and monitoring mechanisms.

Yemen

The President has determined that it is in the national interest of the United States to waive in part the application of the prohibition in section 404(a) of the CSPA with respect to Yemen to allow for provision of PKO, IMET, and support provided pursuant to 10 U.S.C. 333 and has certified that the government of Yemen is taking effective and continuing steps to address the problem of child soldiers.

It is in the U.S. national interest to support efforts to bring about a negotiated political settlement led by the United Nations Office of the Special Envoy of the Secretary-General for Yemen. This waiver will allow assistance that directly contributes to efforts to advance the UN-led political process. Additionally, a critical element of ending the conflict in Yemen is our counterterrorism campaign and efforts to counter Iranian arms smuggling to the Houthis. Building the capacity of the Republic of Yemen Government to meet these goals furthers important U.S. government security interests to include enhancing homeland security, while simultaneously moving toward the goal of ending the war in Yemen. An end to the conflict will be critical in ending the further deterioration of socio-economic and security conditions, ensuring long-term stability, and securing the space for restoring effective governance institutions that are capable of partnering with the United States and the international community in combatting terrorism. The Department of State assesses that the social and economic disruption caused by the conflict are the primary drivers for the ongoing unlawful recruitment and use of child soldiers in Yemen by all parties to the conflict.

To that end, PKO funding may be used to support UN Special Envoy efforts, including the participation of Yemen’s military leadership, to reach an agreement to end the Yemeni conflict and allow for the resumption of a peaceful, inclusive, and Yemeni-led political transition.

IMET funding will be used to build capacity within the Republic of Yemen Government (ROYG) military by sending selected military officers for the United States for non-technical training. These PME courses would focus on the professionalization of military forces, and would bolster the rule of law within the Yemeni Armed Forces. In turn, this training would support our efforts to prevent recruitment of child soldiers.

The Department of Defense intends to use its authority under 10 U.S.C. 333 to re-engage with and build the capacity of the Yemeni Armed Forces – the military of the recognized government of Yemen – in support of U.S. national interests in fighting terrorism, countering violent extremist organizations and illicit smuggling, and ensuring freedom of navigation through the Bab Al-Mandeb Strait. Critically, this focused support would increase Yemeni capacity to counter malign Iranian activity, including the smuggling of lethal weapons that are contributing to the continuation of the conflict. This carefully calibrated support would be provided to the Yemen Border Guard, Yemen Coast Guard, and Yemen Special Operations Forces units not directly engaged in the current conflict, but rather involved in efforts against malign third party influences contributing to the on-going conflict and crisis.

The ROYG is taking effective and continuing steps to address the problem of child soldiers. In 2019, the Yemeni government took concrete steps to raise awareness of risk factors for child soldier recruitment and use, to rehabilitate child soldiers, and to amplify activists’ calls for the Houthis to stop recruiting and using children. A February 2020 seminar in the government-controlled city of Ma’rib, held by ROYG ministries and NGOs with support from Saudi Arabia’s King Salman Humanitarian Aid and Relief Center (KSRelief) addressed strategies to reduce unlawful recruitment and use of child soldiers, taking into account the social and political contexts of the practice. In March 2020, the government launched a rehabilitation program for Houthi-recruited child soldiers in Ma’rib, in collaboration with NGOs and funding support from KSRelief. In November 2019, the government used official media platforms to amplify calls by Yemeni human rights activists at the UN Human Rights Council for the Houthis to end child recruitment and use, and radicalization to violence.

Public statements by government officials against the unlawful recruitment and use of child soldiers and improvements in reporting, prevention, and protection mechanisms demonstrate that even with its limited capacity the Government of Yemen continues to address the issue. Significant additional work remains to eradicate this practice across Yemen. The most durable solution to the unlawful recruitment and use of child soldiers will be a political solution that ends the conflict.

Section 5. Description and Amount of Assistance Provided Pursuant to a Waiver.

The information provided below only includes assistance obligated as of April 5, 2021. Additional assistance will be obligated during FY 2021.

Afghanistan

International Military Education and Training — $540,950
As of April 5, IMET funding was obligated for the following activity: military professionalization training.

Excess Defense Articles (EDA) — $3,821,000
As of April 5, $3,821,000 worth of EDA equipment was transferred to Afghanistan.

Cameroon

International Military Education and Training — $205,775
As of April 5, IMET funding was obligated for the following activity: military professionalization training.

Peacekeeping Operations (PKO)
As of April 5, no PKO funding was obligated in FY 2021.

Democratic Republic of the Congo

International Military Education and Training  — $76,098
As of April 5, IMET funding was obligated for the following activity: military professionalization training.

Peacekeeping Operations
As of April 5, no PKO funding was obligated in FY 2021.

Iraq

International Military Education and Training — $197,433
As of April 5, IMET funding was obligated for the following activity: military professionalization training.

Libya

As of April 5, no funds subject to CSPA have been obligated.

Nigeria

International Military Education and Training — $394,066
As of April 5, IMET funding was obligated for the following activity: military professionalization training.

Peacekeeping Operations
As of April 5, no PKO funding was obligated in FY 2021.

10 U.S.C.333 — $3,705,772
As of April 5, DoD section 333 funding was obligated for the following activities: training and equipment.

Somalia

International Military Education and Training — $155,282
As of April 5, IMET funding was obligated for the following activity: military professionalization training.

Peacekeeping Operations — $12,692,025
As of April 5, PKO funding was obligated for the Somali National Army and Somali Ministry of Defense for the following activities: logistical support; stipends; advisory support; training; equipment; and program oversight.

10 U.S.C. 333 — $2,957,240
During FY 2021, DoD section 333 funding was obligated for the following activities: training and equipment.

South Sudan

Peacekeeping Operations
As of April 5, no PKO funds have been obligated in FY 2021.

Yemen

International Military Education and Training — $154,921
As of April 5, IMET funding was obligated for the following activity: military professionalization training.

NOTES: Local currencies have been converted to U.S. dollars ($) using the currency exchange rates reported by the U.S. Department of the Treasury on December 31, 2020. The rates can be found here: https://fiscal.treasury.gov/files/reports-statements/treasury-reporting-rates-exchange/treasury-reporting-rates-of-exchange-as-of-december-31-2020-with-amendments.xlsx 

Human Trafficking: International, Regional, and Sub-Regional Organizations for a Combating Trafficking In Persons

Part 7 of a 7 part series

https://discerning-Islam.org

Last Updated:    07/2022

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