A Rights-Based Analysis of Child Recruitment - Kindersoldaten.info
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Child Soldiers International 9 Marshalsea Road London, SE1 1EP +44 (0) 20 7367 4110 info@child-soldiers.org A Rights-Based Analysis of Child Recruitment www.child-soldiers.org
On the cover: A British soldier, © Stephen Mulcahey / Alamy Child Soldiers International wishes to thank Derek Brett, Pat Elder, Edwina Hughes, Stefan Mohrle, Bill Scheurer, Wayne Sharrocks, Ralf Willinger and Renate Winter, whose support made this report possible. We also gratefully acknowledge the work of all those organisations campaigning to end the military exploitation of children worldwide, whose research we have cited here.
Published in 2018, by: Child Soldiers International 28 Charles Square London N1 6HT United Kingdom www.child-soldiers.org info@child-soldiers.org Printed by: Bowmans Design: Design Corps, Pratt Institute; designcorps.pratt.edu Alyssa Klimo '18, Megan Lee '18, Dana Weiss '17
CONTENTS Glossary of Terms......................................................... 2 'Voluntary' Conscription of Children.......................28 Foreword......................................................................... 3 The Military Training Process...................................29 Executive Summary...................................................... 4 The Military Environment..........................................36 Introduction.................................................................. 8 Participation in Hostilities..........................................40 Child Recruitment by State Leaving the Armed Forces........................................42 Armed Forces: An Overview................................. 12 Quantifying the Impact......................................... 44 Extent of Child Recruitment.......................................13 Mental Health and Alcohol Use...............................45 Child Recruitment and the Law.................................14 Aggression and Violence.......................................... 47 The Child Recruit's Journey.................................. 18 General Health............................................................48 Targeting Children for Recruitment.........................19 Socioeconomic Outcomes........................................48 Socioeconomic Targeting.........................................20 Conclusion: The Case for 18................................ 52 Fantasy Marketing.......................................................21 The Harm of Child Recruitment...............................53 Cadet Forces.................................................................21 The Positive Case for Change.................................54 Recruiting in Schools..................................................22 Recommendations......................................................55 Military Schools...........................................................23 Bibliography.................................................................56 Enlistment and Consent............................................24 Country Index................................................................61
GLOSSARY OF TERMS AFFLUENT COUNTRIES For the purposes of this report, ‘affluent’ refers approximately to the richest third of countries globally, as measured by Gross Domestic Product per capita per annum (equivalent to approx. $15,000 or greater). ARMED FORCES (STATE) The principal military organisation of a nation state, comprising a land force (army) and often also naval and air forces. ARMED GROUP (NON-STATE) A military organisation or group not integral to the state armed forces. CHILD Per international law, this report defines a child as any person under the age of 18. CONSCRIPT A recruit who begins military employment by state compulsion. CRC Convention on the Rights of the Child. ENLISTED RECRUIT A recruit who begins military employment at the lowest rank (typically with a background of socioeconomic disadvantage). NCO Non-commissioned Officer. A common term for an enlisted recruit who has been promoted to a position with varying degrees of management responsibility. OFFICER RECRUIT A recruit who begins military employment in a senior position (typically with a background of socioeconomic privilege). OPAC Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. PTSD Post-traumatic stress disorder. RECRUIT A person used by a military organisation or group for any military purpose, not limited to participation in hostilities.
FOREWORD When I spoke with a warlord ‘General’ about why he recruited children he said, ‘Children are abundant, stupid, they obey orders, don’t ask questions, and cost nothing. They are very cheap! They never desert, cannot go home and I can get as many as I want immediately.’ But it is different when children are recruited legitimately by State armed forces, isn’t it? They can make an informed and responsible decision, guided by their parents, they can get an education that their parents might not be able to afford, vocational training for future employment, and they are medically insured. They get a good opportunity for life. Is that so? In one UN Member State judges tell boys in conflict with the law that they have a choice: either prison or the army. This sounds like the army is equivalent to punishment rather than a consideration of the best interests of a child - even though this should be mandatory! Why are States still interested in enlisting children, even if there is no war, no pressing need? Maybe because this way statistics for jobless youth look better? Not all children are targeted by army agents. The overwhelming majority of child recruits are from poor and/or troubled backgrounds, they don’t like school or have difficulties there, and are not able to read texts fluently - certainly not complex legal ones. They don’t see what long term consequences are hidden in rather repressive contracts, and nor do their parents. So much for informed and guided decisions! Instead of finding the glamorous, heroic environment described to them in recruitment advertising, they often find harsh conditions, bullying, humiliation used as a means of control, restriction of freedom of movement, and, even more important, restriction of freedom of thinking or expression. Is there anyone who really believes that a military school is a place for discussion and individual development? Is it not rather a place to learn, above all, to obey as a reflex? Is this not the reason why a judge gives the choice mentioned above? To learn to function and obey without thinking? To have vocational training for the needs of the army, not for a civilian career? What about health? Bullying, sexual violence, peer pressure into violent behaviour, all this leading to a high suicide rate. There is huge alcohol consummation to demonstrate ‘manhood’ and injuries in training with immediate discharge. Are these the ‘highest attainable standards of health’ that a child has a right to? But surely there is not only enlistment to the ranks for poor children – isn’t there also officer training for rather well-to-do children? There is. But when a child has a family member in the army who tries hard to convince him to enlist, does he really have a free choice? ‘Why does 18 matter?’ Because ‘over 18s’ are more likely to believe less easily and think more critically. This is ‘why 18 matters’! Justice Renate Winter Chairperson, UN Committee on the Rights of the Child
‘Clearly one of the most urgent priorities is to remove everyone under 18 years of age from armed forces.’ Graça Machel, Impact of armed conflict on children (2) EXECUTIVE SUMMARY THE RECRUITMENT OF not usually used in armed conflict, associate military life with action CHILDREN BY STATE their rights are unaffected. To the adventure films and videogames. contrary, this report shows that Omitted from recruiters’ marketing ARMED FORCES the practice causes material harm are the risks and trauma of war, As of April 2018, more than four- to children and routinely violates the harsh conditions of the military fifths (167) of states worldwide several of their fundamental environment, and the restrictive have now committed in law to rights. This report catalogues legal obligations that follow ‘take all feasible measures’ not these violations, drawing on enlistment. In so misleading to use children under the age evidence from epidemiological children, military marketing is of 18 in armed conflict or any research, official sources, and the exploitative. other hostilities. Two-thirds of testimony of former child recruits. Schools and Youth states with armed forces have Organisations further committed to the so- THE CHILD RECRUIT’S Education settings are a major called ‘straight-18’ standard: no JOURNEY site for promoting military recruitment of children for any employment to children below military purpose. The remainder The journey of a child recruit begins long before they become enlistment age. The US army have yet to reach this standard, describes schools as the continuing to capitalise on the eligible for military employment, and continues through their ‘cornerstone’ of its recruitment failure of international law to strategy, for example.1 In addition, forbid recruiting children from enlistment, training, and ultimate discharge from the armed forces: many states subsidise cadet age 16. forces and military schools to States that still allow child Targeting Children immerse children in an apparently recruitment in law tend to Children, particularly those from risk-free simulation of military life be relatively affluent and low-income backgrounds, are and begin to train them there democratically controlled; they targeted for potential recruitment in the techniques of warfare. In include five of the G7 states, for from a young age. Marketing several countries, children in example. States often suggest presents military life in glamorous military schools are liable for that because parental consent terms, sanitises war as heroic an extended period of military is required and child recruits are in the child’s imagination, and employment after graduation. frequently encourages children to
The Contract risks their child faces. Parental New child recruits commit consent, as a safeguard, assumes 46 STATES BELIEVED TO themselves to absolute control unreasonably that parents who BE ENLISTING CHILDREN by the state, accept limitations have been abusive or neglectful AS OF APRIL 2018 to fundamental rights, and face of their child are as capable Afghanistan markedly increased long-term of defending his or her best interests as those who have been Algeria occupational risks. The contract, which can bind enlistees to loving and responsible. Australia serve for a period of years, Austria could not be imposed lawfully Child Conscription Bangladesh on a civilian of any age in Some states which operate Belgium most economically developed adult conscription systems Bolivia countries. In restricting freedom invite children to begin their Cabo Verde and suspending fundamental compulsory service early. Many children opt for this to limit the Canada rights, military terms of service impact of conscription on their Chile are unambiguously inimical to the civilian education and career China best interests of the child. plans. Since conscription is not Cuba Adolescent Susceptibility ‘genuinely voluntary’, it ought not Cyprus Neuroscientific research has to involve children at all. Dominican Republic found that children in mid- DPRK adolescence are markedly Training by Coercion The primary purpose of initial Egypt more likely than adults to make military training is to ensure that El Salvador choices based on emotive child recruits will obey all orders Eritrea appeal, and less able to evaluate the long-term consequences. by reflex and without question. France Accordingly, a child in mid- It is a coercive process based German adolescence is less able than on sustained psychological and Guinea-Bissau an adult to make an informed physical stress, harsh discipline Guyana and responsible choice about including humiliation and physical India enlisting. This developmental punishment, and tight restrictions Iran susceptibility combines with on contact with family and friends. Abuses by instructors are Israel the underdeveloped literacy of widespread. Research in the US Mauritania many child applicants and the salesmanship of recruiters to found that the rate of attempted Mexico jeopardise a child’s legal right suicide in the 2000s among Myanmar, Netherlands to be ‘fully informed’ of the army recruits (all ages) was four New Zealand consequences of enlistment.2 times higher during initial training Pakistan Each time a child enlists without than during deployment to Iraq Papua New Guinea full comprehension of the risks or Afghanistan. As such, military Saint Kitts and Nevis and obligations that follow, the training is wholly incompatible with states’ legal obligation ‘to São Tomé e Príncipe choice is not ‘genuinely voluntary’ protect the child from all forms of Singapore as required by law.3 physical or mental violence, injury Somalia Parental Involvement or abuse, neglect or negligent South Sudan Most armed forces are required treatment, maltreatment or Sudan by law to obtain the ‘informed exploitation...’.4 Syria consent’ of parents or guardians Tonga before a child can enlist. In Trinidad and Tobago practice, the involvement of United Arab Emirates parents may be only peripheral, 1. For the full quotation and source, United Kingdom the information provided to them see “Recruiting in Schools,” p. 22 aims to persuade rather than United States of America 2. OPAC art 3. inform, and recruiters need only Yemen 3. OPAC art 3. a signed form as evidence that Zambia 4. CRC art 19. parents fully comprehend the
Insubstantial Education Participation In Hostilities QUANTIFYING THE It is common for armed forces While most states do not routinely IMPACT OF MILITARY to describe training bases as use children in the military theatre, EMPLOYMENT ON education institutions and argue some reserve the right to do so, or CHILD RECRUITS that child recruits enjoy an may do so in error; the UK and US ongoing education; for example, have sent small numbers of child Research findings, particularly the British army’s main training recruits to Iraq and Afghanistan, in the last decade, have begun site for child recruits is called for example. Some armed forces to quantify the effect of military the Army Foundation College. post child recruits as armed employment on young people, Typically, training centres for guards at military sites, with the including child recruits. Research low-ranking military jobs do expectation that they may open in the UK and US has shown that not operate to the standards fire in the event of an attack. military personnel and veterans expected of civilian education, Even when child recruits are not are more likely than civilians basic skills education for child deployed in any way, their uniform to experience stress-related recruits is rudimentary, and could attract an attack from any mental health problems, drink the vocational training offered hostile actor. heavily, and behave violently, has limited transferable value and they have poorer general to the civilian jobs market. Child Trainee Attrition health in later life. The extent These conditions fall short of Child recruits, especially those of these problems among states’ legal obligation to direct from economically deprived recruits under the age of 18 is education to ‘the development of backgrounds, are more likely often not directly quantifiable the child's personality, talents and than adults to drop out of their from the data, but the studies mental and physical abilities to training. A third of child recruits examined for this report show their fullest potential’.5 to the British army either leave repeatedly that younger recruits or are dismissed during training, are most affected. In the UK, The Military Environment for example, which usually leaves for example, the suicide rate Research in the UK and US them without work and out of among the army’s youngest has found that bullying, sexual the education system. Extensive recruits is substantially higher violence, and heavy drinking are research in the US armed forces than both the same age group in substantially more common in has found repeatedly that child the civilian population, and adult the armed forces than elsewhere, recruits from poorer backgrounds recruits. and that the youngest personnel are more vulnerable to stress (including child recruits) are the and more rebellious, which Although child recruits, who most affected. In common with combine to increase the risk commonly come from deprived findings from other countries, of early attrition. In addition, backgrounds, often have an investigation into sexual British research has found that elevated rates of mental health misconduct in the Canadian child recruits are significantly and behaviour issues before armed forces noted that relative more likely than adults to be they enlist, the research shows immaturity is a ‘prominent factor’ discharged due to training that military employment tends in the elevated vulnerability of the injury, because their bones to aggravate these problems. youngest recruits, and that various and musculature are not yet Psychosocial vulnerabilities military settings create ‘particular developed. associated with an adverse conditions of vulnerability’.6 childhood appear to combine
‘If I was to have a child that was 15 who wanted to join the army, I wouldn’t let them. I know...the army and what can happen. If they wanted to join at 18 that would be their own option.’ Wayne Sharrocks, British infantry, 2006-2013 (3). hazardously with the stress of CONCLUSION still rely on adult conscription, initial training (and often, later, most do not, proving that traumatic war experiences) to Now that most states have recruiting children is not a increase the prevalence of stress- moved to end the recruitment strategic necessity, but a policy related disorders and violent of children by their armed convenience. Research has behaviour. For example, research forces, a global ban is at least shown that all-adult armed forces in the UK and US has found that foreseeable, if not within reach. are more viable: they benefit young people are more likely It is striking that states which from recruits who are more to commit violent offences after still rely on child recruits to staff mature and resilient, need fewer they enlist than before. A popular their armed forces tend not to safeguarding arrangements, belief that joining the army be the poorest, but the most are trained more quickly and prevents anti-social behaviour is prosperous. The reluctance thus are less likely to drop out, not supported by the available far of these powerful states to can be deployed immediately research, which points in the embrace the straight-18 standard afterwards, and are more other direction. themselves diminishes their financially cost-effective. If they credibility when prescribing that ever used to recruit children, they Another popular assumption is same standard elsewhere, and do not regret that they no longer that military employment is an so frustrates efforts across the do so. effective route out of poverty world to eliminate the use of child for disadvantaged young people, soldiers. but the long-term socioeconomic prospects of enlisted personnel On the evidence in this report, are relatively poor. Research in the view that child recruits in the US has found that, since the affluent, democratic states end of the Second World War, are protected from harm and veterans have been worse off violations of their rights is widely than non-veterans from mistaken. From the misleading similar backgrounds. In the UK, marketing, cursory consent the unemployment rate among arrangements and repressive infantry veterans – the main contract, to the sustained stress role group for child recruits of military training, multiple – is substantially higher than risks of a military environment, that among civilians, including and a high rate of attrition, the civilians with the lowest level recruitment of children by state of academic attainment. While armed forces is conspicuously some veterans testify that military detrimental. The reality is that employment has enhanced the fundamental rights of child their socioeconomic status, the recruits are violated repeatedly evidence indicates that this is throughout their engagement the exception and, more often, with military institutions. 5. CRC art 29. that joining the armed forces Adult-only armed forces are 6. For full quotation and source, prematurely disrupts children’s see 'Sexual Violence, Assault and slowly becoming the norm. education and career prospects. Harassment', p. 37. While some straight-18 states Executive Summary
Introduction Dutch army performing a drill in the Netherlands, © Ton Koene/Alamy
‘In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interest of the child shall be a primary consideration.’ Article 3 (1) Convention on the Rights of the Child Concerted international efforts to widespread frustration that the Meanwhile, international efforts end the recruitment of children Convention had not explicitly to end the military exploitation for military purposes began outlawed the use of children for of children have narrowed to after the publication of Graça military purposes (5). focus on the demobilisation and Machel’s major report in 1996, reintegration of those involved Adopted in 2000, OPAC The impact of armed conflict on in armed conflict. This is clearly prohibited the conscription and children (2). The report focused justified by the severity of the routine deployment of children, on the plight of younger children impact on these children, but and outlawed their recruitment in poorer countries where they it has left neglected the harm by non-state armed groups. were widely used as participants caused by aspects of military Nonetheless, by allowing states in armed conflict. It found that employment other than combat, to recruit from age 16, it stopped exploiting children as participants including the psychological short of an outright ban on the use in war was killing, maiming and impact of military training, a of children for military purposes. psychiatrically injuring thousands common culture of bullying and Despite strong support for the of children every year.7 Further harassment, and the sweeping so-called ‘straight-18’ standard research has since shown that from many states, the International suspension of fundamental rights. children who survive such war Committee of the Red Cross, exposure suffer a radically the International Labour Office, increased risk of mental illness, the Committee on the Rights of behaviour problems, and 7. Since the Machel report, research the Child, Graça Machel, NGOs has deepened understanding of underdeveloped literacy and and others (1, 6, 7, 8, 9, 10), this the effects of armed conflict on numeracy, often leading to lasting was prevented by a small but children. Psychiatric injury is very poverty in adulthood (4). influential group of states led common in children who have par- While the Machel study was in by the UK and the US. At the ticipated in, or closely witnessed, process, work was under way time, both states were routinely armed violence and other practices on an Optional Protocol to the deploying military personnel associated with it, such as rape and Convention on the Rights of under the age of 18, and 43 incarceration. Two-thirds of Pales- the Child on the involvement of per cent of British army recruits tinian children who had frequently witnessed military violence met the children in armed conflict, known were minors at enlistment (11). criteria for PTSD (4). It is now un- as OPAC. The initiative began Consequently, many thousands of derstood that such military-induced immediately after the adoption children continue to be recruited trauma damages the adolescent of the Convention on the Rights and trained each year by state brain, retarding normal develop- of the Child (CRC) in 1989, after armed forces across the globe. ment (ibid.).
16,188 17-year-olds enlisted by US armed forces during 2015 This report seeks to rekindle them into hostilities until they their domestic practice falls short international attention to the harm reach 18, yet still the evidence of the same standard. Child caused by premature enlistment shows that military recruitment recruitment anywhere is a risk to and so help to reinvigorate efforts has a detrimental impact. children everywhere. to achieve a universal straight-18 Specifically, the report Accordingly, affluent states standard for the benefit of all outlines the growing body of which recruit under the age of 18 children. It presents evidence to evidence that the enlistment should consider both the direct show why recruiting and training of minors in relatively affluent impact on their child recruits children for military purposes is countries exploits adolescent and the indirect impact of their inherently and disproportionately susceptibilities; is unambiguously policy in other parts of the world. harmful, including to those who harmful to the health, wellbeing, States are required to cooperate do not participate in hostilities. and socioeconomic trajectories of towards achieving the universal The report also argues that, young people; and violates their implementation of OPAC8, and the as currently conducted, the legal rights as children under Sustainable Development Goals recruitment of children by state the CRC and OPAC. The report oblige them to take measures to armed forces violates their rights concludes by showing that states eliminate the recruitment and use and may therefore be unlawful. can – and most do – successfully of child soldiers.9 In so doing, the report challenges staff their armed forces entirely the common assumption of a with adults; the recruitment of double-standard: that the military children is a political choice, recruitment of children in poorer not a military or demographic states of the Global South is necessity. harmful, but in economically The continuing recruitment of developed democracies is not. children by some affluent states Although the experiences of has global consequences. The children differ, this report will practice blurs what should be show that recruiting them is 8. OPAC art 7. a red line around children’s invariably harmful, regardless 9. Sustainable Development involvement in military affairs, so of economic or political context. Goal 8.7: ‘Take immediate and creating legal and ethical latitude effective measures to eradicate To make its case, the report for others to exploit. Whereas forced labour, end modern slavery focuses principally on affluent the international community has and human trafficking and secure states subject to the rule of law. committed to the straight-18 the prohibition and elimination of Almost all such countries have principle in its efforts to end the worst forms of child labour, committed in principle not to including recruitment and use of the use of children in armed recruit children without their child soldiers, and by 2025 end conflict, states compromise their consent or to routinely deploy child labour in all its forms.’ credibility as advocates when
WHY 18 MATTERS 1 Socioeconomically deprived children, including in some cases those from ethnic minority 7 Military training makes use of harsh discipline includ- ing humiliation and physical 13 Child recruits are more likely than civilians of the same age and background, and or migrant backgrounds, are punishment, in order to secure more likely than older recruits, to disproportionately targeted the unquestioning obedience of have problems with mental and for recruitment. recruits and to ensure that physical health, and self-harm they will kill on demand. (including suicide). 2 Recruitment marketing mis- leads children by sanitising warfare in their imagination, 8 Bullying and sexual miscon- duct are substantially more 14 Education provided to chidren in armed forces glamorising military life, and common in military environments training is typically more basic obscuring its many risks. than in civilian employment or and narrower in focus than main- education. The youngest recruits stream provision in civilian life, 3 Young people are more inclined in mid-adolescence are at highest risk of victimisation. limiting the scope for essential academic achievement. than as adults to make choices 9 Alcohol and substance mis- 15 based on emotive appeal; the use are substantially more Military employment is ability to weigh a major decision common in the military than in incompatible with leg- against its long-term conse- civilian environments, including islation prohibiting minors from quences is not yet developed. in the younger age group. hazardous labour (‘employment that is likely to jeopardise health, 4 As generally practised, the recruitment of children does 10 The military is com- monly afforded exemp- safety or morals’). 16 not ensure that they are fully tions from national legislation Despite many states’ informed of the risks and so is designed to safeguard the undertakings not to not ‘genuinely voluntary’, welfare and fundamental rights use children in hostilities, some as required by law. of children. reserve the right to do so. Even when not deployed, as military 5 Parental consent is an inad- equate safeguard when 11 Military instructors are not normally qualified as teachers or social workers and personnel they may become targets of hostile action. the information provided to par- 17 ents is incomplete or misleading, often have no prior experience Socioeconomic outcomes or where parents themselves of working with vulnerable for enlisted children tend have habitually neglected their young people. to be poorer than outcomes for child’s best interests. demographically matched peers 12 Research in the UK who did not enlist. 6 Restrictions on children’s and US has found that 18 right to leave the armed the rate of violent offending by Recruitment of children forces before the age of 18 are young people increases after by state armed forc- incompatible with the legal military enlistment. es anywhere, even if lawful, requirement that their military weakens protection of children employment be ‘genuinely everywhere against their unlaw- voluntary’. ful recruitment and use. Introduction
Child Recruitment By State Armed Forces: An Overview Canadian soldiers during a training scenario © Cpl Jasper Schwartz/Canadian Forces
‘The question at issue is not the difference between 16, 17 and 18 years of age; the fundamental point is the distinction between children and adults. No child under 18 should be recruited into armed forces, voluntarily or otherwise.’ Mary Robinson, former UN High Commissioner for Human Rights (1) EXTENT OF CHILD are Commonwealth countries, recruited for military purposes is RECRUITMENT including Canada, India, Pakistan, unknown and difficult to estimate. and the UK.10 Since a large minority of states As of April 2018, 152 of the and at least 50 non-state armed Child recruitment is particularly 177 states with armed forces groups are known to rely on child common among economically worldwide, have ratified OPAC. recruits, the number of children developed states with substantial Approximately two-thirds of drawn in to military organisations military commitments. Perhaps these have also committed to annually is likely to be in the high counterintuitively, among the straight-18 standard: the tens of thousands at minimum. professional state armed commitment not to enlist children The extent of the practice in forces the most affluent and at all. While some of these still some affluent states is shown in technologically advanced tend rely on conscripting adults to staff the table on the next page. to rely the most on children to their armed forces, most do not. make up recruit numbers. Four Nonetheless, almost 50 states of the five Permanent Members still rely on children to staff their of the UN Security Council still 10. As of April 2018, states armed forces. Together these permit the enlistment of children. believed to have a minimum (Although the fifth – Russia enlistment age in national law/ countries encompass two-thirds policy of 16 years or below were of the world’s children, since – does not enlist children, it Bangladesh, Brazil, Canada, Cuba, they include the three most prescribes extensive combat Dominican Republic, Egypt, El populous countries: China, India training in a network of militarised Salvador, Fiji, Guyana, India, Iran, and the United States. Most schools.) Of the G7 states, only Mauritania, Mexico, Pakistan, non-straight-18 states recruit two – Japan and Italy – no longer Papua New Guinea, Seychelles, from age 17. Around 20 states rely on children to staff their Singapore, Tonga, Trinidad and are believed to allow enlistment armed forces. Tobago, United Arab Emirates, in law from age 16, of which ten United Kingdom, and Zambia. See The total number of children www.childsoldiersworldindex.org
CHILD RECRUITMENT Convention on the Rights The right to a complete AND THE LAW of the Child education that supports Recognising the ‘inherent dignity’ children’s development to the Several regional and international of the human person, and the ‘fullest potential’, and the right treaties relate to the recruitment ‘special care and assistance’ to be prohibited from work if it of children for military purposes. due to children under the age interferes with their education Those most relevant to the of 18, the CRC has established or development. issues raised in this report are legally-binding safeguards for The right not to be exploited highlighted below and should their personal development, for any purpose ‘prejudicial be considered in conjunction, education, and employment. to any aspects of the child’s since rights are independent and The CRC is binding on all states welfare’. indivisible; those enshrined in except the United States, which one treaty cannot be ignored in has yet to ratify it. The right to the ‘highest the implementation of another. attainable standard of health’. Among the rights of children They must be safeguarded Where provisions may appear recognised in the CRC are:12 to contradict each other the against undue injury, and from higher standards of protection T he right to have their best ‘physical or mental violence’, should always take precedence. interests recognised as a including sexual harassment or In the context of an armed primary consideration in all abuse. conflict where both international actions concerning them, The right, when in conflict with humanitarian law and human including legislation. the law, to a justice system rights law are applicable, the The right to freedom of thought, designed specifically for most developed standards conscience, expression, minors. for protection of children peaceful assembly and should apply. association, and the right to be heard in ‘all matters affecting 12. CRC arts 3, 12, 13, 14, 18, 19, 24, them’. 28, 29, 32, 34, 36, 37, 38, 40. Extent of child recruitment for military purposes by affluent states: illustrative examples (2013-2017)11 COUNTRY MIN AGE TOTAL INTAKE AGED UNDER 18 YEAR INTAKE (n) (%) AUSTRALIA 17 6,428 427 7% 2015 AUSTRIA 17 22,223 220 1% 2013 FRANCE 17 13,756 405 3% 2013 GERMANY 17 23,385 2,128 9% 2017 NETHERLANDS 17 1,514 82 5% 2014 NEW ZEALAND 17 428 49 11% 2016 UK 16 11,980 2,410 20% 2016 US 17 246,154 16,188 7% 2015 11. Sources: Australia, Austria, France, Netherlands, New Zealand (Letters from states to Child Soldiers International); Germany (155,233); UK (221); US (220).
TYPES OF CHILD RECRUITMENT Child recruitment by the state armed forces as their 16th birthday as full members of the armed examined in this report can be divided into forces with a designated role, which they assume four types: as soon as they finish training (158). Child recruits to the British army have to give up to three months’ Recruitment by conscription notice to request discharge, cannot leave in the Some states operating adult conscription systems first six weeks, and once they turn 18 lose their right (from age 18) encourage or allow children to to leave for the next four years (158,159). A similar start military service early. Austria, China, Cyprus system operates in the US, where children are and Mexico are examples. Children often opt recruited from age 17 (125). for this to complete the obligation early and so Recruitment through military schools minimise disruption to their education and career development. In some cases, children are offered Military schools provide states with a further means incentives, such as privileged access to further of recruiting children, including in states where the education or a reduced minimum service period. enlistment age is ostensibly over 18 years. Children in military schools (who may be under 16 years of Recruitment for officer training age) are not usually recognised as ‘recruits’ but A few states recruit children in small numbers the boundary is frequently blurred. For example, for officer training and paid-for passage through children at military schools may undergo extensive university, followed by an obligatory minimum military training, be classified in law or policy as period of adult military service. Canada operates members of the armed forces, and be subject to a scheme like this. These recruits are military military law. Upon graduation, they are usually personnel, undergo military training, and are subject obliged to complete a minimum period of formal to military law. Children recruited in this way tend to service in the armed forces, which may last several be socioeconomically privileged by background. years. Schemes such as these operate in Israel, Russia and Tajikistan. Recruitment to the ranks In whatever manner children are formally Enlistment to the ranks is the most common child recruited, they all: recruitment practice in affluent states (including the larger Western military powers: France, the UK, A re military personnel subject to military law, and the US). Children recruited in this way typically which suspends fundamental rights and includes come from socioeconomically disadvantaged obligations and offences that civilian law does not backgrounds. recognise; The practice varies between states. In the U ndergo military training, which uses Netherlands, a relatively small number of children psychologically coercive techniques to inculcate aged 17 are enlisted as trainees; they can leave at obedience and remove instinctive barriers to any time, cannot take up a formal role in the armed violence; and forces until they turn 18, and do not continue in E nter a military environment typically service thereafter unless they agree in writing to do characterised by elevated rates of stress, physical so (143). In contrast, children in the UK are actively and psychological bullying, sexual harassment, targeted by recruiters and enlisted in large numbers and alcohol misuse. (140, 63). They may apply aged 15 and join as early Child Recruitment by State Armed Forces: An Overview
Therefore, the rights of children, the Child has suggested that the risks and consequences of as guaranteed by the CRC, are military settings, which entail their enlistment. These include, violated when their recruitment restrictions on rights and the for example: the psychological for military purposes: prejudices promotion of violence as a tool, coercion of military training; the mental or physical health; appear to be fundamentally suspension of certain civil rights; interrupts the education in incompatible with children’s rights the risks and legally-binding which civilians of the same age to an environment conducive to restrictions involved; and the typically participate; entails an learning and development. (12) ethical quandaries inherent in elevated risk of bullying or sexual military work. They must also harassment, involves physical Optional Protocol on the endeavour to ensure that children violence or is psychologically Involvement of Children are not involved in hostilities. coercive; restricts the right to in Armed Conflict leave at will; limits or suspends OPAC stipulates that children many of the civil liberties or must not be recruited unless: employment rights that civilian they are at least 16 years old; 13 it is their ‘genuinely voluntary’, 13. When states ratify or accede to children enjoy; or denies them OPAC they must submit a declara- their right to a juvenile justice ‘fully informed’ choice; and their tion specifying a minimum age for system. parents or legal guardians have enlistment into state armed forces, given their ‘informed consent’. In which must be no less than 16 This report will show that, addition, it requires states to ‘take years. The declaration is binding; by these measures, military all feasible measures’ to ensure enlistment practice is unlawful employment violates the rights child recruits do not participate if a state recruits below the age of children set out in the CRC. directly in hostilities until they specified. States may amend their On this basis, child recruitment turn 18.14 declaration to raise the minimum as currently practised around the enlistment age, but not to lower it. world may be generally unlawful. To meet these safeguards, 14. OPAC arts 1, 2, 3. military employers must ensure In its interpretation of the CRC, 15. ILO 138 art 3. that potential recruits and their the Committee on the Rights of 16. ILO 182 art 3. parents fully understand all
As will be explored later, International Labour ILO 182 requires states to prohibit information provided to child Organisation (ILO) and end the worst forms of recruits and their parents Conventions 138 and 182 child labour, including ‘forced typically presents military life ILO Conventions 138 (Minimum or compulsory recruitment of in glamorous terms, omits Age Convention) and 182 (Worst children [under the age of 18] its risks and difficulties, and Forms of Child Labour) also have for use in armed conflict’.16 Like provides perfunctory details on implications for the legality of OPAC, ILO 182 does not prohibit legal obligations. Sophisticated child recruitment. ‘voluntary’ recruitment of children marketing techniques are used under 18, but it does reinforce ILO 138 reserves for adulthood to exploit vulnerabilities particular that this is only permitted insofar only ‘any type of employment to the adolescent psyche. Full as it is strictly voluntary. Where or work which by its nature or details of the recruit’s legal this is not the case, the practice the circumstances in which it is commitment are often provided violates the convention. carried out is likely to jeopardise only at the moment he or she the health, safety or morals of signs up, with no time to analyse young persons’.15 It is left to states and absorb their implications. to determine which types of Often, applicants have yet employment are ‘hazardous’ for to develop sufficient literacy the purposes of the Convention, or maturity to comprehend which allows them to exempt for themselves their complex their armed forces. The principle terms of service and their remains, however, that those lasting consequences. In these under 18 should not be employed circumstances, child recruits and in hazardous work, and it is clear their parents are denied their that military employment carries rights under OPAC to be ‘fully several significant hazards to informed’, and so their choice the health and wellbeing of child cannot be considered ‘genuinely recruits. voluntary’. Child Recruitment by State Armed Forces: An Overview
The Child Recruit's Journey Israeli youth dressed in army uniforms during a boot-camp simulation, © Sebastian Scheiner/AP
‘The Committee expresses deep concern about the fact that adolescent boys and girls are being recruited, including through the use of social media, by State armed forces.’ CRC General Comment 20 on implementation of the rights of the child during adolescence. (13) TARGETING (15, 16, 17). The former head of adventure’ (21). In defence of CHILDREN FOR recruitment for the British army this approach, a spokesperson characterised his recruitment stated that ‘the German armed RECRUITMENT strategy as ‘drip, drip, drip’ from forces did not broach the issue The preceding section has shown about the age of seven (18). The of overseas military missions how military recruitment can be US Army’s ‘School Recruiting in their advertising just like harmful to children and violate Program Handbook’, instructs advertising for chocolate does their rights, even where it may recruiters to target children not mention the risk of getting be lawful in principle. Since the below the minimum enlistment fat’ (21).18 Experts testifying best interests of children must age because ‘if you wait until to the German parliamentary be a primary consideration, they’re seniors, it’s probably too committee criticised this as ‘false which includes regard for all late’ (234). In Australia, children advertising’: their fundamental rights, states can register their details from ‘In view of what is involved do not enjoy unlimited discretion the age of 10 with Defence in the military profession, the in recruiting them for military Jobs Membership to receive potential to be killed and all the purposes. The Committee on the recruitment information and news dangers associated with this, Rights of the Child has repeatedly from the armed forces (20). this is irresponsible to young expressed concern to states Germany’s main newspaper people and in no way fulfills which enlist large numbers of for schoolchildren runs the protective function and the children, recommending they advertisements for the armed protection mandate which the increase efforts to recruit adults forces in most editions. Armed Bundeswehr as a parliamentary and/or raise their enlistment age forces ‘Adventure Camps’ for army ultimately has.’ (22) to 18 (14).17 children aged 16 and above In practice, however, many states are advertised in an online target children as potential teen magazine for children recruits long before they become aged from 10 years (21), while 17. CRC art 38 also imposes a legal eligible to enlist. Research by UK online marketing is targeted at obligation on states which continue and US armed forces finds that 14–17-year-olds, who are invited to recruit children ‘to give priority most recruits commit to signing to play online games linked to to those who are oldest’ amongst up before they are old enough recruitment (22). The advertising them. to do so; and young people are does not mention risk, death or 18. In contrast, producers of less likely to join up unless they injury, focusing instead on ‘good tobacco and alcohol are required have become actively interested training, promotion prospects, to advertise their health risks, and in military life by their mid-teens comradeship and plenty of nutritionists have called for this to be extended to junk food.
‘Furthermore, the Committee is concerned that the ADF active targeting of schools for recruits through ‘work experience programs’ may unduly put pressure on young persons, especially from marginalised populations and from different linguistic backgrounds to volunteer, without full informed consent.’ CRC Concluding Observations: Australia 2012 (27) SOCIOECONOMIC Concerns have been raised in them to enlist. The Israel Defense TARGETING some countries about targeting Forces (IDF) are presented as of ethnic minority children for ‘a major socialising framework In seeking child applicants, it is recruitment. The Canadian for those who wish to stay and usual for recruiters to focus on Coalition for the Rights of become citizens’, and includes economically depressed areas Children has protested the inducements such as help with where employment opportunities targeting of economically obtaining a high school diploma are limited (23). Described as deprived aboriginal youth and driving licence (29). Practices ‘skilled salesmen’ by the former through advertising on aboriginal such as these disregard the head of recruitment for the British and multilingual television clear recommendations of the army (18), recruiters promote stations (28). The proportion Committee on the Rights of the enlistment to disadvantaged of New Zealand armed forces Child to ensure that military youth as a gateway to personal personnel who identify as Maori recruiting efforts do not exploit power, social purpose, is double that in the general children from marginalised or camaraderie, and socioeconomic population.19 In the US, about vulnerable groups. mobility. The army promises to half of participants in the main put money in children’s pockets: school cadet programme, the ‘Age 16? Earn over £1,000 a JROTC, are reportedly people month while you train’ [$1,300] of colour (19). In Chicago, 93 – and congratulates its new per cent of JROTC cadets are 16-year-old recruits for earning African American or Latino, and 19. In 2012, 30 per cent of the New more than their civilian friends more than 70 per cent of JROTC Zealand Defence Force identified programmes are in high schools as Maori, versus 15 per cent in who stay in college to enhance the general population in 2013 their qualifications (24,25). The located in post code districts (222,214). 2017 army recruitment drive, with predominantly African 20. As of 2014, 19 per cent of the entitled ‘This is belonging’, was American or Latino populations US armed forces intake identified targeted specifically at 16-24 (236). Young African American as black non-Hispanic, versus 16 year-olds from families with males are over-represented per cent in the general population; an average annual income among new armed forces the greatest disparity was seen in of £10,000 [$13,000] (26). In recruits, particularly in the army.20 the army (215). Israel, an extracurricular military Reports indicate that some young 21. The significance of cadets’ use training programme targets Latinos who enlist do so in the of military uniforms and insignia socioeconomically deprived hope of helping relatives with should not be underestimated, as children, promising social mobility irregular immigration status (19). under international humanitarian and a better quality of life through Similarly, in Israel a programme law this is one of the factors distin- skills acquired in military service specifically for unaccompanied guishing lawful combatants from migrant children encourages civilians. (29).
German army at Gamescom, the world’s largest trade fair for video and computer games, © Jochen Tack / Alamy FANTASY MARKETING ‘The Committee… recommends that Recruiters frequently associate the State party… [p]rohibit all forms of military life with the idealised warrior-hero of action films and advertising campaigns for the German videogames. In the US, scenes armed forces targeting children.’ from Hollywood blockbusters CRC Concluding Observations: Germany 2014 (30) (including Behind Enemy Lines and X-Men: First Class) have been spliced into military advertising. to assume that a soldier’s life is CADET FORCES In Israel, the UK and the US, one of intense excitement with no recruiters encourage children to moral ambiguity, gore or trauma. Military youth organisations play officially scripted videogames such as cadet forces, many Despite the fanciful nature of which conflate a fantasy narrative of which are embedded in action adventure films and with real military life (31, 32). In the schools, step up the state’s videogames, the British army’s US, for example, young children engagement with children research has found that they are offered the chance to sit at once they reach adolescence. inspire many younger recruits to a drone operator’s console and With their participation usually sign up (16). It is a striking irony simulate attacks in Afghanistan, subsidised by the Ministry of that the same children are barred as if it were a game, and play the Defence children in cadet forces from seeing graphic portrayals army’s official 3D virtual reality typically wear military-style of warfare in certain films and videogame (33). In a similar vein, uniforms and many undertake documentaries, which are rated children aged 13–15 visiting a weapons training.21 The uniform for adults only due to their military training site in Germany is one of many ways in which disturbingly realistic depictions of were told that the shooting cadet systems immerse children mass violence and the suffering it simulator ‘was a thousand times in a simulacrum of military life, causes. The Deer Hunter and the better than any game on your in which the soldier’s role is documentary Cry Freetown are console at home’ (34). dissociated from its risks and examples. Perhaps most strikingly moral ambiguities. Despite this, Conversely, a selling point of of all, in 2016 a British television research has found that children’s war-based videogames is the channel broadcast a four-part repeated exposure to cadet realism of their first-person- documentary series following systems plays an important role perspective. To reach the 16- and 17-year-old army recruits in their later choice to enlist (16). younger market, however, game through initial training. To watch designers strip any graphic the series online, viewers had to Canadian and US cadet systems brutality from the violence they tick a box confirming they were offer scholarships and other depict. When military life is over 18 years of age as the content financial incentives. For example, compared favourably to these was considered unsuitable for Canadian cadets can be awarded games, children are encouraged younger viewers (241). a scholarship of up to $5,000 for The Child Recruit's Journey
post-secondary education, and required 47,360 children to take training’ into the curriculum, are offered small payments for the ASVAB (military aptitude) which entails a week of military participating in marksmanship test, without seeking the child’s training for children aged 15–17 courses on summer camps (237). or parents’ consent (239). at a military site, including the In the US, the Department of Recruiters, who have a legal right use of semiautomatic weapons Defense encourages contact of access (39), are instructed to (29). There is also a wider, between cadet instructors and be ‘so entrenched in the school compulsory school-based military military recruiters (19). scene that the Army is in constant curriculum for children in years demand’ (38). In some areas, 10 – 12, intended to prepare them The ‘Follow Me’ (‘Aharai’) military soldiers become a daily presence for conscription and promote a training programme in Israel is in the lives of American children, positive perception of the military. run by a civilian organisation in riding the school bus, turning up collaboration with the Ministry of While most military visits are at school dances, and coaching Defence and high-ranking officers at secondary level, primary sports teams after hours (37). (29). The initiative is targeted at schools are also visited. In New young people in underprivileged In the UK, the armed forces Zealand, the army takes assault areas, promising to enhance make over 11,000 school visits rifles into primary schools and participants’ social mobility (29). each year (40). The army’s main teaches children to assemble schools presentation shows the weapons and hold them in RECRUITING IN soldiers scuba-diving but not at the fire position (45). According SCHOOLS war (41). The Ministry of Defence to one 11-year-old student, provides teachers with curricular holding an assault rifle for the The Paris Principles and aids presenting a glossy first time felt ‘amazing and cool Guidelines on Children history of the wars in Iraq and … it’ll just be something that’s Associated with Armed Forces or Afghanistan, and schools can win imprinted on your brain’ (45). A Armed Groups state that: additional funding for adopting a corporal involved in one such visit ‘Measures must be taken to ‘military ethos’ or starting a cadet commented, ‘The kids just love prevent propaganda or active group (41,42,43). the guns, you know what kids recruitment taking place in are like… Most of the children’s Similar arrangements apply or around schools and to questions were about the kit, not in Australia, where secondary protect children in the school what the higher ideas are.’ (45) schools receive visits from environment.’ 22 armed forces career teams to Even kindergartens can become Yet the education system ‘provide information to potential a site for soft recruitment, based remains a major site for the candidates and influencers’ on symbolically militarised direct and indirect recruitment (44), and in Canada, where high activities. In Israel, military of children. Recruiters commonly school students are encouraged personnel can join kindergarten visit schools with military to attend navy recruiting events ‘graduation’ ceremonies, which hardware ranging from rifles to at their schools (238). include parades performed by attack helicopters, and teachers the soldiers and children together In Israel, military culture is are encouraged to take their (29). Kindergarten children are embedded in the education class on free away-days with the also taken to visit military bases. system. Uniformed soldiers are armed forces (18, 21, 35, 36, 37). Sahar Vardi remembers: present in state-run schools, In some countries, such as often teaching classes even ‘In kindergarten you bring gifts Germany and the US, the when they are not qualified to to soldiers. And then later there’s armed forces have a legal do so (29). Conversely, many worksheets to teach children right of access to all children’s teachers, and especially those how to count: you have on one contact details, which are sent in management positions, are hand the numbers 1 to 10, and automatically to recruiters (21, former ranking military officers, on the other different numbers 22, 39). Thereafter, all children and do not always have teaching of symbols like tanks and nearing enlistment age receive qualifications. ‘Youth Guides’ aeroplanes. You have to join military marketing materials. are stationed in schools by the them up.’ (46) The US army describes schools armed forces to encourage as the ‘cornerstone’ of its young people to enlist. Most recruitment strategy (38). In high schools also incorporate 2015, 1,021 schools in the US compulsory ‘youth battalions
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