The Obama Administration recently underwent its first U.N. treaty body review, and the resulting concluding observations made public yesterday should be a cause for alarm. The observations, issued by independent U.N. experts tasked with monitoring compliance with the international treaty on the rights of children in armed conflict (formally known as the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict or "OPAC"), paint a dark picture of the treatment of juveniles by the U.S. military in Afghanistan: one where hundreds of children have been killed in attacks and air strikes by U.S. military forces, and those responsible for the killings have not been held to account even as the number of children killed doubled from 2010 to 2011; where children under 18 languish in detention facilities without access to legal or full humanitarian assistance, or adequate resources to aid in their recovery and reintegration as required under international law. Some children were abused in U.S. detention facilities, and others are faced with the prospect of torture and ill-treatment if they are transferred to Afghan custody.
U.S. officials have acknowledged that human trafficking is a problem of "crisis proportions," both outside and inside America's borders. Yet despite professed intent to end this scourge, including with the help of a "zero-tolerance, one strike approach," human trafficking remains a pervasive and ongoing problem in this nation. As part of ongoing efforts to combat the phenomenon, the ACLU and a coalition of anti-trafficking organizations submitted a written statement last week to the Federal Acquisition Regulatory (FAR) Council, urging the U.S. government to translate its words into actions.
An international human rights body is set to question the United States on its obligations under a key human rights treaty. The U.N. Human Rights Committee, an independent body of experts tasked with monitoring compliance with the International Covenant on Civil and Political Rights (ICCPR), this week released its list of issues, which will serve as the basis for its upcoming review of U.S. compliance with the treaty. The U.S. ratified the ICCPR in 1992 and is obligated to submit to periodic reviews of its treaty implementation efforts.
By her thirteenth birthday, Barbara Hernandez had lived with an abusive, alcoholic father and been molested by her mother’s second husband. At fifteen, Barbara dropped out of school and moved in with her boyfriend James, who beat her and coerced her into prostitution. Barbara’s life with James had taught her that she had two choices: obey him or face physical abuse. So when James instructed her to buy him a knife and lure a man into their home, Barbara obeyed. While she was in another room, James stabbed the man to death. Despite Barbara’s youth, troubled background, and the fact that she did not physically commit the crime, Barbara was tried as if she were an adult and received the harshest sentence possible in the State of Michigan, life without the possibility of parole. She was just sixteen, and about to spend the rest of her life in prison. In Barbara’s words, she was sentenced to a “long slow death.”
The right to peacefully assemble, enshrined both in the U.S. Constitution and international human rights law, is an intrinsic element of the democratic fabric of the United States. Yet according to a report released Friday by the Organization for Security and Cooperation in Europe (OSCE), an international organization of which the U.S. is a member, America is failing to uphold this fundamental right. The report is the first comprehensive OSCE report on violation of the right to freedom of peaceful assembly that covers the U.S.
One year ago, the ACLU's Amy Fettig stood before the United Nations Human Rights Council to condemn the use of solitary confinement in the United States. In a written statement also submitted to the Council last year, the ACLU expressed serious concern over the imposition of the death penalty across the nation. Sadly, we find ourselves this year once again at the same body, imploring the U.S. to live up to its human rights obligations with regard to these practices.
When the U.S. ratified the international treaty on the rights of children in armed conflict in 2002, it committed to protecting children under 18 from military recruitment and deployment to war and guaranteeing basic protections to former child soldiers, including those in U.S. military custody. Formally known as the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OPAC), the treaty requires ratifying nations to submit periodic reports on the progress they have made to implement their treaty obligations to the U.N. Committee on the Rights of the Child, a body of independent human rights experts charged with monitoring countries’ compliance with the treaty. The U.S. government’s latest report will be reviewed by the Committee in January 2013. The list of issues to be discussed during this review, which was adopted by the Committee on July 3, raises serious concerns regarding U.S. compliance with the Protocol and provides an opportunity for the United States to provide transparency and accountability for its treatment of juveniles in military custody.
Almost nine years ago, Khaled El-Masri was abducted, forcibly disappeared, and tortured by Macedonian authorities and the CIA. Until today, his well-documented claims of abuse had yet to be affirmed by any authorities responsible for his mistreatment or by a court of law. In a landmark ruling today, the European Court of Human Rights (ECtHR) ruled that El-Masri’s treatment at the Macedonia airport by U.S. agents in cooperation with Macedonian officials “amounted to torture.” The court also found that while in CIA custody El-Masri was subjected to abuses including sodomy, forced nudity, total sensory deprivation, solitary confinement, force feeding, physical assault, sleep deprivation, inadequate food and water and denial of medical care in violation of the European Convention on Human Rights, and that his entire period of captivity constituted a “forced disappearance” in violation of international law. According to ACLU Human Rights Program Director Jamil Dakwar, the ruling represents “a huge victory for justice and the rule of law.” He added:
In recent years, several human rights bodies have faulted the U.S. for failing to live up to its international legal commitments to protect children in war zones in Iraq and Afghanistan. This week, the U.S. issued its written response to questions raised earlier this year by the United Nations committee charged with implementing the international treaty on the rights of children in armed conflict – and it contains some disturbing news: “Over the last several years the United States has captured more than 200 individuals under the age of 18” and held them in military custody, the U.S. report said.
