US Executive Order Waives "Military Aid" Restrictions on "Child Soldier" Nations
6 replies, posted
[URL]http://www.whitehouse.gov/the-press-office/2012/09/28/presidential-memorandum-presidential-determination-respect-child-soldier[/URL]
[quote]
MEMORANDUM FOR THE SECRETARY OF STATE
SUBJECT: Determination with Respect to the Child Soldiers Prevention Act of 2008
Pursuant to section 404 of the Child Soldiers Prevention Act of 2008 (CSPA) (title IV, Public Law 110-457), I hereby determine 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 Libya, South Sudan, and Yemen; and further determine 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 the Democratic Republic of the Congo, to allow for continued provision of International Military Education and Training funds and nonlethal Excess Defense Articles, and the issuance of licenses for direct commercial sales of U.S. origin defense articles; and I hereby waive such provisions accordingly.
You are authorized and directed to submit this determination to the Congress, along with the accompanying Memorandum of Justification, and to publish the determination in the [I]Federal Register[/I].
BARACK OBAMA[/quote]
Section 404 of CSPA states that the President can waive the provision if the office deems it in national interest. Assuming I understand the section correctly, Obama has to make a statement to Congress within 45 days of the waiver that explains the executive order.
This is the subsection that is being waived.
[quote](a) IN GENERAL.—Subject to subsections (b), (c), and (d), the authorities contained in section 516 or 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j or 2347) or section 23 of the Arms Export Control Act (22 U.S.C. 2763) may not be used to provide assistance to, and no licenses for direct commercial sales of military equipment may be issued to, the government of a country that is clearly identified, pursuant to subsection (b), for the most recent year preceding the fiscal year in which the authorities or license would have been used or issued in the absence of a violation of this title, as having governmental armed forces or government- supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit and use child soldiers.[/quote]
[URL]http://www.state.gov/documents/organization/135981.pdf[/URL]
I can sort of see Libya, considering the militancy going on. However, I don't understand why the Democratic Republic of the Congo, South Sudan, and Yemen are being exempted from the provision.
I'm sorry, but my legalese is dreadful - feel free to rate dumb accordingly - has the president signed something to allow Libya, South Sudan and Yemen to recruit child soldiers?
[editline]11th October 2012[/editline]
Or just to allow military aid to said countries in spite of them recruiting child soldiers?
[QUOTE=Hellduck;37997050]I'm sorry, but my legalese is dreadful - feel free to rate dumb accordingly - has the president signed something to allow Libya, South Sudan and Yemen to recruit child soldiers?[/QUOTE]
No, these nations are considered by the US government to use child soldiers. The law says that we don't give any military training or equipment to nations that we consider to use child soldiers.
The Executive Office of the USA has officially waived that provision(which is allowed in the law) because it states that doing so is in the "national interest" of the USA.
That means we are allowed to sell arms to these countries now.
[editline]11th October 2012[/editline]
By the way, most news sources seemed pretty right wing/anti-Obama, and without knowing the full context of the order I didn't want to post them since they would have a lot of bias to them. That's why I simply posted the info from whitehouse.gov.
Looks like Obama [url=http://www.cfr.org/children/presidential-memorandum-regarding-child-soldiers-prevention-act-october-2010/p23311]previously waived[/url] DR Congo, Yemen, Sudan, and Chad in 2010
This is weird
He did this 2010 and 2011 too. In 2011 he exempted Chad, Yemen, and the DRC.
I only know of the memo last year that explained why Yemen and the DRC were being exempted.
Last year the white house justified Yemen by saying that the act would prevent the United States from providing Yemen with counterterrorism training. The President thought this was especially dangerous to do as Yemen was fighting Al-Qaeda at the time.
They also justified DRC by saying that there are too many militia groups that don't listen to the gov't, but all groups that do listen have been ordered to turn child soldiers over to the UN aid workers for care.
Even then they still authorized aid, albeit non-lethal aid, to the DRC military.
But that was justifications in 2011. Here is the memo from last year:[URL="http://www.foreignpolicy.com/files/fp_uploaded_documents/111004_2011%20CSPA%20PD%20MOJ.pdf"]http://www.foreignpolicy.com/files
/fp_uploaded_documents/111004_2011%20CSPA%20PD%20MOJ.pdf[/URL]
I can't find the one for 2012.
Honestly its a good law and I'm glad Bush signed it, I just wish we were more serious about it.
You guys have to remember that one of our primary exports are weapons and firearms.
[QUOTE=yawmwen;37997084]No, these nations are considered by the US government to use child soldiers. The law says that we don't give any military training or equipment to nations that we consider to use child soldiers.
The Executive Office of the USA has officially waived that provision(which is allowed in the law) because it states that doing so is in the "national interest" of the USA.
That means we are allowed to sell arms to these countries now.
[editline]11th October 2012[/editline]
By the way, most news sources seemed pretty right wing/anti-Obama, and without knowing the full context of the order I didn't want to post them since they would have a lot of bias to them. That's why I simply posted the info from whitehouse.gov.[/QUOTE]
This is the article I found.
[URL="http://thecable.foreignpolicy.com/posts/2012/10/01/obama_waives_sanctions_on_countries_that_use_child_soldiers"]http://thecable.foreignpolicy.com/posts/2012/10/01/obama_waives_sanctions_on_countries_that_use_child_soldiers[/URL]
Sorry, you need to Log In to post a reply to this thread.