2015-05-18

President Obama couldn’t have been

more eloquent. Addressing the Clinton Global Initiative, for instance,

he said: “When a little boy is kidnapped,

turned into a child soldier, forced to kill or be killed – that’s slavery.”

Denouncing Joseph Kony’s Lord’s Resistance Army, or LRA, and offering aid to

Uganda and its neighbors in tracking Kony down, he said, “It’s part of our regional strategy to end the scourge that

is the LRA and help realize a future where no African child is stolen from their

family, and no girl is raped, and no boy is turned into a child soldier.”

In support of Burma’s Aung San Suu Kyi, whom he has lauded as “not only a great

champion of democracy but a fierce advocate against the use of forced labor

and child soldiers,” he’s kept her country on a list of nations the U.S. sanctions

for using child soldiers in its military. And his ambassador to the U.N.,

Samantha Power, has spoken movingly in condemnation of the use of child soldiers,

which she’s termed a “scourge,” from Syria and the Central

African Republic to South Sudan.

Only one small problem, as Nick Turse, author of Tomorrow’s

Battlefield: U.S. Proxy Wars and Secret Ops in Africa, points out in

his latest reportage: the young, desperately divided nation of South Sudan is

something of an American-sponsored creation, its military heavily supported

by Washington, and so its child soldiers – and it has plenty of them – turn

out not to be quite the same sort of scourge they are in Burma, Syria, or elsewhere.

Somehow, they’ve proved to be in the American “national interest” and so, shockingly

enough, as Turse reveals today, were the subjects of a presidential “waiver”

that sets aside Congress’s 2008 Child Soldiers Protection Act. The willingness

of a president to sideline a subject he’s otherwise denounced in no uncertain

terms is worthy of a riddle that might go something like: when is slavery not

slavery? And the answer would be, when it gets in the way of U.S. policy. With

that in mind, let Turse take you deep into South Sudan, where children tote

AK-47s and the sky is not cloudy all day. ~ Tom

The Kids Aren’t All Right
Presidential Waivers, Child Soldiers, and an American-Made Army in Africa
By Nick Turse

MALAKAL, South Sudan – I didn’t really

think he was going to shoot me. There was no anger in his eyes.

His finger may not have been anywhere near the trigger. He didn’t draw

a bead on me. Still, he was a boy and he was holding an AK-47 and it was

pointed in my direction.

It was unnerving.

I don’t know how old he was.

I’d say 16, though maybe he was 18 or 19. But there were a few soldiers

nearby who looked even younger – no more than 15.

When I was their age, I wasn’t trusted to drive, vote, drink, get married,

gamble in a casino, serve on a jury, rent a car, or buy a ticket to an R-rated

movie. It was mandatory for me to be in school. The

law decreed just how many hours I could work and

prohibited my employment in jobs deemed too dangerous for kids – like operating

mixing machines in bakeries or repairing elevators. No one, I can say

with some certainty, would have thought it a good idea to put an automatic weapon

in my hands. But someone thought it was acceptable for them. A lot

of someones actually. Their government – the government of South Sudan

– apparently thought so. And so did mine, the government of the United

States.

Photo Bomb

There was a reason that boy pointed

his weapon my way. A lot of them, in fact. In the most immediate

sense, I brought it upon myself. I was doing something I knew could get

me in trouble, but I just couldn’t help myself.

I tried to take a picture. Okay,

I took a picture. More than one.

Click here to see a larger version

Malakal airfield, July 2014.

Public photography is frequently frowned upon in South Sudan. Take pictures

of the wrong thing and the authorities might force you to delete the images, or confiscate your camera, or maybe worse.

The incident in question took place during last year’s rainy season on the

outskirts of sodden Malakal, a war-ravaged

town 320 miles north of the capital, Juba. The airport, near the banks of

the White Nile, had devolved into an airstrip. Nobody seemed to use its vintage blue and white terminal

building anymore. Instead, you drove past cold-eyed Rwandan peacekeepers, United

Nations troop trucks, and an armored personnel carrier or two, right up to the

tarmac.

That’s where I was when a fairly big,

nondescript white plane arrived. That in itself was hardly remarkable.

It’s de rigueur for Malakal. If it isn’t a World Food Program flight,

then it’s a big-bellied plane hauling in supplies for some non-governmental

organization or a United Nations plane like the one that brought me there and

that I was waiting for to whisk me away.

This nondescript white plane, however,

was different from the others. When the Canadair CRJ-100, with “Cemair” written across its tail, taxied up and its door opened,

it wasn’t your typical array of airline passengers who sallied down the gangway.

At least not at first. It was a large group of young men in camouflage

uniforms carrying assault rifles and machine guns. And they were met on

the runway by scores of similarly attired, similarly armed young men who had

arrived in a convoy just minutes earlier.

I’d never seen anything like it, so

I pulled out my phone and tried to surreptitiously take a few photos.

Not surreptitiously enough, though. A commander spotted me, got angry,

and headed my way, waving his finger “no.” It was then that this boy with

the AK-47, who had arrived in the convoy, turned toward me – following the

officer’s gaze – and the rifle in his arms turned with him, and I stepped lively

to put the commander between me and him, while quickly shoving my phone in my

pocket and apologizing again and again.

Click here to see a larger version

Malakal airfield, July 2014.

Approximately 13,000 children have

been recruited into armed groups in South Sudan, according to the United Nations

Children’s Fund (UNICEF). In addition, about 400,000 youngsters have been

forced out of school due to the civil war that has been flaring and simmering

there for almost a year and a half. How so many children came to be affected

by the conflict and why so many of them find themselves serving in the national

army, the main rebel force, and other militias needs to be explained.

It has much to do with civil wars that started in the 1950s and lasted for the

better part of five decades, pitting rebels in the south against the government

in the north of what was then a single country: Sudan.

Other factors include the 2005 peace

deal that led to an independent South Sudan and transformed a guerrilla force

into a national military, the Sudan People’s Liberation Army or SPLA; a rural

culture in which cows are king because they are currency and young boys are

armed to defend against cattle raids, as well as to conduct them; and an armed

grudge match between political rivals representing different tribal groups in

South Sudan that began in December 2013. Add all of this together and

any tangible recent progress toward ridding South Sudan of the scourge of child

soldiers has been obliterated.

Oh yes, and into that mix you would

also have to factor the United States, a country that, as then U.S. Senator,

now Secretary of State John Kerry put it, helped “midwife” South Sudan into existence.

America’s African Army

In 1996, the United States began funneling military equipment through nearby Ethiopia, Eritrea, and Uganda

to rebels in southern Sudan as they battled for independence. A decade

later, after the civil war ended in a peace deal, Washington officially began

offering military “assistance” to the SPLA, according to State Department documents.

At that point, without fanfare and far from the prying eyes of the press, the

U.S. launched a concerted campaign to transform the SPLA from a guerrilla force

into a professional army.

When I recently asked about the scope

of this training, Rodney Ford, the State Department’s Bureau of African Affairs

spokesperson, told me: “The U.S. government began a comprehensive defense professionalization

program which started in [fiscal year] 2006 [and] continued after the referendum

and independence of South Sudan until December 2013. This assistance included

infrastructure, vehicles, human rights training, logistics, administration,

medical, military justice, finance, and English language training among an array

of other military subjects. The U.S. government, for example, conducted

a comprehensive medical program with the South Sudanese military which entailed

procuring mobile field hospitals, building clinics, training nurses and improving

the military’s medical infrastructure.”

Ford also emphasized that no

“lethal equipment” was provided and noted that the lessons were designed to

“give soldiers the tools and skills that would benefit the civilian population.”

It sounded almost like they were building a South Sudanese Peace Corps.

In reality, there was more to it. U.S.

support was not strictly a kumbaya effort of medical clinics and human

rights instruction. It included the training and equipping of the elite

presidential guard; the construction of a new SPLA headquarters in Juba; the

renovation of a training center at the SPLA Command and Staff College in Malou,

a town north of the capital; and the construction of the headquarters of two

SPLA divisions in the towns of Mapel and Duar. Included as well were training

programs for general officers and senior instructors; the deployment of a “training

advisory team” to guide the overhaul of intelligence, communications, and other

key functions; the employment of Kenyan and later Ethiopian instructors to teach

basic military skills to SPLA recruits; the provision of secure voice and data

communications to SPLA general headquarters; the development of riverine forces

and up to 16 tactical watercraft; military police instruction; the training

of commando forces by Ethiopian troops; and the

establishment of a noncommissioned officers academy at Mapel with training from

private contractors and later U.S. military personnel. And according to a comprehensive report focusing

on the years 2006-2010 by Richard Rands for the Small Arms Survey at the Graduate

Institute of International and Development Studies in Geneva, this list only

encompasses part of Washington’s efforts.

During the early 2000s, as thousands

of refugee “Lost Boys” who had fled the civil war in southern

Sudan began to be resettled in cities across the United States, their brothers and sisters back home

continued to suffer as civilians or as child combatants. Between 2001

and 2006, however, as international pressure mounted and the civil war waned,

some 20,000 child soldiers were also reportedly demobilized by the SPLA, although thousands remained

in the force for a variety of reasons, including an extreme lack of other opportunities.

By 2010, when the SPLA pledged to demobilize all of its child soldiers by the end of the

year, there were an estimated 900 children still serving in the force.

The next year, under terms of the agreement that ended the civil war, the people

of southern Sudan voted for their independence. Six months later, on July

9th, South Sudan became the world’s newest nation, prompting a strong statement of support from President Barack Obama:

“I am confident that the bonds of friendship between South Sudan and the United

States will only deepen in the years to come. As Southern Sudanese undertake

the hard work of building their new country, the United States pledges our partnership

as they seek the security, development, and responsive governance that can fulfill

their aspirations and respect their human rights.”

While child soldiers, in fact, remained in the SPLA, the U.S. nonetheless engaged

in a years-long effort to pour billions of dollars in humanitarian aid, as well

as hundreds of millions of dollars of military and security assistance,

into South Sudan. Here’s the catch in all this: the Child Soldiers Prevention

Act (CSPA), passed by Congress in 2008 and enacted in 2010, prohibits the United

States from providing military assistance to governments using child soldiers.

This means that the Obama administration should have been barred

from providing South Sudan with military assistance in 2011. The government,

however, relied on a technicality to gain an exemption – claiming the list of

barred countries was created before the new nation formally came into existence.

Washington’s support for the SPLA continued

even as militia groups with children under arms were folded into the force. The U.S. flung open

the doors of advanced U.S. military schools, training centers, colleges, and

universities to SPLA personnel. In 2010 and 2011, for example, U.S. taxpayers

footed the bill for some of them to attend U.S. military armor, artillery, intelligence,

and infantry schools; in 2012 and 2013, it was the National Defense University,

the U.S. Army’s Command and General Staff College, the Marine Corps Combat Service

Support School, and the Naval Post Graduate School in Monterey, California,

among other institutions.

According to the State Department’s 2013 Congressional

Budget Justification, tens of millions of dollars were also earmarked for “refurbishment,

operations, and maintenance of training centers and divisional headquarters;

strategic and operational advisory assistance; unit and individual professional

training; and communications and other non-lethal equipment for the military.”

All of it, according to official State Department documents, was designed to

promote “a military that is professionally trained and led, ethically balanced,

aware of moral imperatives, and able to contribute positively to national and

South-South reconciliation.”

At the same time it was attempting

to transform the SPLA into a national army, the U.S. military began operating

from an outpost in South Sudan’s hinterlands. At a Combined Operations Fusion Center in Nzara, a small contingent of U.S. Special

Operations forces worked with South Sudanese military intelligence as part of

Observant Compass, an operation focused on degrading or destroying Joseph Kony’s

murderous Lord’s Resistance Army (LRA). Planes and helicopters, flown by private contractors, ferried U.S.

troops in and out of the small camp. It was also used by special ops personnel

for training SPLA forces in everything from navigation skills to airmobile helicopter assaults and as a staging

area for joint raids against the LRA in the Democratic

Republic of Congo. Until just weeks before the civil war broke out in

South Sudan in 2013, U.S. special operators were conducting military assault drills at Nzara.

As the United States was pouring money

and effort into building up the country’s armed forces, human rights groups repeatedly complained about its military’s use of children.

This isn’t to say that the Obama administration turned a blind eye to the practice.

It was, in fact, much worse than that.

On September 28, 2012, for example,

Assistant Secretary of State for African Affairs Johnnie Carson issued a strong

statement against the use of children as combatants. “Protecting and assisting

children affected by armed conflict and preventing abuses against them is a

priority for the United States,” he announced. “We remain committed to ending

the unlawful recruitment and use of child soldiers, including in the Democratic

Republic of the Congo (DRC).” Carson went on to note that, adhering to

provisions of the Child Soldiers Prevention Act, the U.S. would indeed withhold

certain security assistance to the DRC (though not all of it).

That same day, President Obama issued a statement of his own, waiving the

application of the Child Soldiers Prevention Act with respect to several nations

(as the act indeed allows a president to do). South Sudan was included on the

grounds that such a decision was in “the national interest of the United States.”

It was not, as it happens, in the interest of the children of South Sudan, not

at least according to a senior United Nations official who was not authorized

to speak on the record. The U.S. waiver “was doing more harm than good

because there is absolutely no political will to solve the child soldier problem,”

that official explained to me.

In September 2013, Obama issued still another CSPA waiver – in the

form of a memorandum to Secretary of State Kerry – keeping South Sudan eligible

for U.S. military assistance and the licenses needed to buy military equipment, again citing national

interest.

By the end of the year, South Sudan

had collapsed into civil war with many SPLA soldiers, especially those of the

Dinka tribe, remaining loyal to President Salva Kiir’s government and others,

predominantly of Nuer ethnicity, joining former Vice President Riek Machar’s

rebel forces. Members of the SPLA were almost immediately implicated in mass atrocities, including the killing of Nuer civilians.

That presidential guard, trained and equipped by the U.S. a few years earlier,

was especially singled out for its brutal crimes.

Machar’s opposition forces, including

many Nuers formerly with the SPLA, carried out their own atrocities, including large-scale massacres of Dinka civilians and others.

The State Department soon issued a report, indignant over the fact

that “since the outbreak of conflict on December 15, [2013] there have been

reports of forced conscription by government forces and recruitment and use

of child soldiers by both government and antigovernment forces” – precisely

the behavior the president had told the secretary of state was in the American

national interest just a few months earlier.

The Kids Aren’t All Right

“We worked closely with the SPLA to

make sure the elimination of child soldiers or children associated with the

military was a high priority,” a State Department official explained to me in

a recent email. “Right before the outbreak of the most recent conflict

the U.N. had stated that there were no more ‘child soldiers’ in the South Sudanese

military though some still remained on SPLA barracks cooking and cleaning, etc.”

That’s not quite how the United Nations

actually put it.

Before the civil war erupted, “the

United Nations verified the recruitment and use of

162 children, all boys and mostly between 14 and 17 years of age,” 99 of whom

were with the SPLA, 35 with a militia allied to a commander named David Yau

Yau, 25 associated with the Lou Nuer tribe, and three with South Sudan’s national

police. “Children associated with SPLA were identified in military barracks,

wearing SPLA uniforms as well as undergoing military training in conflict areas,”
according to the Office of the Special Representative

of the Secretary-General for Children and Armed Conflict. “In addition,

reports of the recruitment and use of 133 children were pending verification

at the time of reporting.”

Since December 2013, the situation

has become far worse. “We have been deeply disappointed to see the progress

South Sudan had achieved toward ending the unlawful recruitment and use of child

soldiers since independence so gravely set back by the conflict that erupted

in December,” U.S. National Security Council spokesman Ned Price told me last

year. “Both government-aligned and rebel forces have recruited and used

child soldiers in the current conflict, and we call on both sides to end this

practice.”

By May 2014, UNICEF estimated that 9,000 children had been recruited

into the armed forces of both sides in the civil war, despite the fact that

under “both international and South Sudanese law, the forcible or voluntary

recruitment of persons under the age of 18, whether as a member of a regular

army or of an informal militia, is prohibited.” Today, that number is

estimated to have grown to 13,000.

About a year ago, Machar’s SPLA-In

Opposition (SPLA-IO) pledged to end the recruitment of child soldiers.

In late June, according to the U.N., Kiir’s government agreed to “restart the implementation of

the Action Plan signed in 2012 to end and prevent the recruitment and use of

children by the Sudan People’s Liberation Army.”

There’s little evidence, however, that

this has translated into tangible effects on the ground on either side.

“Despite renewed promises by both government and opposition forces that they

will stop using child soldiers, both sides continue to recruit and use children

in combat,” said Daniel Bekele, Africa director at

Human Rights Watch (HRW), earlier this year. “In Malakal, government forces

are even taking children from right outside the United Nations compound.”

A well-placed source within the United

Nations offered a similar assessment. “Even though the SPLA re-committed

in June of last year, they haven’t released many kids – only a handful,” he

explained. “The SPLA aren’t releasing their kids and there doesn’t seem

to be any incentive to do so.”

Skye Wheeler, an expert on South Sudan

at Human Rights Watch, agrees that the government hasn’t done much. “The

SPLA is entirely aware that at least two former militiamen who are now fighting

with the government and who have both been integrated into the army are using

and recruiting numerous child soldiers but have not made any significant steps

towards punitive action,” she told me recently by email. She added that

she also knows of no significant efforts to curb the recruitment of children

by Machar’s SPLA-IO.

Last fall, U.S. Ambassador to the United

Nations Samantha Power chaired a meeting of the U.N. Security Council on children

and armed conflict in which she declared: “Perpetrators have to be held accountable.

Groups that fail to change their behavior must be hit where it hurts.”

A State Department official who refused to be named for this piece was equally

unequivocal when it came to South Sudan. “Since the outbreak of the conflict,

there have been no waivers issued,” he told me in late March, “and we have expressed

our concerns about the recruitment of children by multiple parties in the current

conflict.” But months earlier – just weeks after Power’s pronouncement

and nearly a year after the civil war in South Sudan began – President Obama

had indeed issued another partial waiver allowing continued

support for the country, despite the prohibitions of the Child Soldiers Prevention

Act.

When I asked about this discrepancy,

the State Department backtracked, admitting that the president had “authorized

a partial waiver of 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,”

citing a provision of the act and referring to PKO, or “peacekeeping,” funding

long used to train and equip the SPLA. In this instance,

the official insisted that “none of the funds relevant to this partial waiver

have been used to provide any direct assistance to the SPLA.”

Andy Burnett, a spokesperson from the

Office of the Special Envoy to Sudan and South Sudan, then went further.
“Just to apologize, the wording on our response back [to you] was

confusing,” he told me. “We were speaking about waivers that had been

done as in the past – related to capacity building and assistance for the SPLA.

This partial waiver was done with a more narrow intent.”

In fact, the way that waiver was issued

did not sit well with some. “We were disappointed that

a partial waiver was put in place last year again without a clear and public

statement by the [U.S. government] that this was purely to allow certain activities

(support to IGAD monitors and anti-LRA activities) and that the government would

not be receiving any significant military support until the abuses, including

use and recruitment of child soldiers, are properly addressed,” HRW’s Skye Wheeler

told me. She was referring to the Intergovernmental Authority on Development’s

Monitoring and Verification Mechanism for South Sudan, set up in January 2014 to support mediation

of the current civil war.

The State Department acknowledged the

absence of such a declaration, but emphasized that the United States had expressed

its “concern” about the issue to Kiir’s government. Asked about South

Sudan’s response to those concerns, Burnett foggily replied that there were

“differences of opinion about the extent to which [recruitment of children by

the SPLA] is happening; arguments that when it’s happening it’s done by the

opposition or other armed groups that are outside of [SPLA] control.”

In other words, after years of copious aid, effort, and waivers, the U.S. can’t

even get the government of South Sudan to acknowledge its wrongdoing when it

comes to recruiting child fighters, let alone halt it.

Toy Guns, Real Guns, and National Interests

The war in South Sudan has been a nightmare

for children. UNICEF estimates that 600,000 have been affected by psychological distress,

235,000 are at risk of severe acute malnutrition this year, and 680 have been

killed. “Mothers are burying their children… the level of slaughter, of

innocent victims, innocent civilians, is simply unacceptable by any standard

whatsoever,” Secretary of State John Kerry recently told South Sudan’s Eye Radio in scolding

remarks. The leaders of South Sudan’s warring parties “Salva Kiir, the

president, and Riek Machar… need to come to their senses,” he said. “They need

to sign an agreement that’s real and they need to stop allowing the people to

be the victims of their power struggle.” On one thing Kerry was adamant:

“We need to have accountability as this goes forward.”

But what about U.S. accountability?

Does the United States, after years of waivers, bear a responsibility for helping

to entrench South Sudan’s practice of using child soldiers? “In and of

itself, it could be perceived as sanctioning the practice, but in the day-to-day

reality of engaging, we were a strong advocate for moving beyond the practices

that had been historically taking place and removing any child soldiers within

the SPLA,” says Andy Burnett. “I’m not saying we deserve full credit,”

he told me, even as he argued that the president’s waivers had led to real progress.

Whatever progress might have been made

before the civil war, as he readily admitted, was soon obliterated. So

was the U.S. training effort in South Sudan a failure? After a wall of

words about the difficulties involved in “creating an accountable and professional

armed force” in the available time, Burnett took some responsibility, even if

he carefully extended the blame to cover America’s partners in the effort.

“Yes, that the international effort to reform the SPLA was not successful in

preventing something like this [the split of the SPLA in the war] is quite obvious,”

he told me. This admission, however, does little for the children toting

arms now and those who will do so in the years ahead as part of what Burnett

calls “a widening problem of child-soldiering,” due to “even more incidences

of recruitment of children by armed groups within this conflict.”

Click here to see a larger version

Young children with toy guns, Tomping Protection of Civilians Site, Juba,

South Sudan, July 2014.

Walking through a camp for internally

displaced persons at a U.N. base in South Sudan’s capital, Juba, one blazing

hot day last summer, I watched a young girl in a bright pink dress and sporting

a huge smile, and a somewhat younger boy in pink shorts and gray sandals chase

each other through the muck. Each of them was holding a tiny, black plastic

pistol and pretending to shoot the other, just the type of game I reveled in

as a boy.

As they raced around me, splattering

mud and laughing, however, I began to wonder if one day just a few years down

the road, she might be pressed into cooking or carrying water for soldiers and

he might find himself with a real weapon thrust into his hands. It’s a

sad fact that, not so many years from now, I might well encounter that young

boy – his toy pistol exchanged for a real assault rifle – on some out-of-the-way

tarmac in the hinterlands of South Sudan. Should that day ever come, I

imagine I’ll feel just as unnerved as I did that morning in Malakal when a boy

soldier turned his weapon in my direction. I’ll then find little comfort

in President Obama’s contention that looking the other way on child soldiers

is in “the national interest of the United States.” And I’m sure I’ll

be just as disturbed that those “interests” – cited by a president who has

his own kids – so easily trumped the interests

of that boy in Malakal and the rest of South Sudan’s children.

Nick Turse is the managing editor of
TomDispatch.com

and a fellow at the Nation Institute. A 2014 Izzy Award and American Book Award winner for his book Kill Anything That Moves, he has

reported from the Middle East, Southeast Asia, and Africa and his pieces have

appeared in the New York Times, the Los Angeles Times, the Nation,
and regularly at TomDispatch. His latest book, Tomorrow’s Battlefield: U.S. Proxy

Wars and Secret Ops in Africa, has just been published. Reporting for this article

was made possible by the generous support of Lannan Foundation and the Investigative

Fund at the Nation Institute.

Follow TomDispatch on Twitter

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newest Dispatch Book, Nick Turse’s Tomorrow’s Battlefield: U.S. Proxy Wars and Secret Ops in Africa,

and Tom Engelhardt’s latest book, Shadow Government: Surveillance, Secret Wars, and a Global Security

State in a Single-Superpower World.

Copyright 2015 Nick Turse

Read more by Tom Engelhardt

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The New Age of Counterinsurgency Policing – May 5th, 2015

Counting Bodies, Then and Now – May 3rd, 2015

The One-State Conundrum – April 30th, 2015

Creative Commons (CC) article source: http://original.antiwar.com/engelhardt/2015/05/17/one-boy-one-rifle-and-one-morning-in-malakal/

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