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.
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.”
On December 16, 2010, West High School officials in Salt Lake City, Utah invited the Metro Gang Task Force into the school to conduct a gang sweep. Students identified, searched and interrogated by the police were mostly Latino/a or, in the case of Kaleb Winston, African-American. He was targeted by his school and by the Task Force as a potential gang member, searched and accused of being a tagger. As an artist, Kaleb had a notebook full of drawings in a backpack manufactured to look like it had been spray-painted. But because graffiti is loosely defined, if at all, the police decided Kaleb was a “gang tagger” despite his denials. Kaleb was then forced to hold up a sign with the words “My name is Kaleb Winston and I am a gang tagger.” Law enforcement officers told him that this information was being placed into a database and that the information would be removed if he did not get into trouble for two years. Kaleb was emotionally devastated by the experience. He is not and has never been in a gang. Yet, his attendance at school that day, not bad behavior, made him the subject of intense police scrutiny and he now lives with the fear that the police view him as a suspect.
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.
By Jennifer Turner, Human Rights Researcher, ACLU Human Rights Program at 11:39am
Today marks a decade in U.S. custody for Omar Khadr, a Canadian citizen who is Guantánamo’s youngest prisoner. Even though he has been eligible for transfer back to Canada for almost nine months pursuant to his October 2010 plea deal, he is still detained at Guantánamo. Khadr is the only one of the 168 remaining detainees who was a juvenile when transferred to Guantánamo.
Khadr has grown up at Guantánamo. Now 25, the full beard Khadr has grown since his imprisonment in 2002 obscures the fact that he was only 15 when he was shot and captured by U.S. forces in Afghanistan.
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:59am
Back in the waning years of the Clinton administration, Congress quietly enacted an important internet privacy bill (the passage of which was overshadowed by other, more salacious developments). The Children’s Online Privacy Protection Act (“COPPA”) requires any website “target[ing]” children under the age of 13 to notify a child’s parent and receive verifiable consent before collecting personal information from that child. A lot of COPPA is about controlling online marketing activities involving young children, who may not appreciate the dangers in disclosing sensitive personal information to commercial entities.
In 19 states across the country, corporal punishment in schools is still legal. Sadly, in many states, children are better protected against physical discipline in detention facilities than they are in their own classrooms. That fact is a startling reminder that for the many children subjected to corporal punishment or the threat of it every day, school does not feel like a safe place.
Most Americans agree that corporal punishment in our schools is unacceptable. A recent poll indicates that only 23 percent of Americans approve of teachers using corporal punishment on our children. And yet, according to the latest available data from the U.S. Department of Education's Office of Civil Rights, over 200,000 students are the victims of this practice every year.
By Jennifer Turner, Human Rights Researcher, ACLU Human Rights Program at 9:11pm
Today here at the United Nations headquarters in Geneva, the U.N. Committee on the Rights of the Child reviewed the United States for its compliance with the Optional Protocol on the Involvement of Children in Armed Conflict. Ratified by the U.S. in 2002, the Optional Protocol lays out guidelines for the treatment of former child soldiers in U.S. custody and establishes the U.S.'s minimum obligations to protect children under 18 from military recruitment. Twenty-two U.S. officials, including Department of Defense officials overseeing Detainee Affairs, reported to the U.N. Committee during a public review session today.
