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Recent
Stories
April
23, 2003
Anthony
Gancarski
When Young Mothers Die in Combat
Chris
Floyd
Desolation Row: Bush's Barbarians Teach
by Example
Marjorie
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William
Lind
The Fourth Generation of Modern War
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Nina Simone: Freedom Singer
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Kampmark
Malayasia's America: the War on Iraq
David Vest
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Weapons of Mass Destruction in the Middle East
April
22, 2003
Edward
Said
The Appalling Consequences of the Iraq
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Iran's Reza Pahlavi: a Puppet of the US and Israel?
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Stew
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April
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April
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Baghdad to Basra
April
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April 24,
2003
An
Open Letter to Donald Rumsfeld
On
the Child Detainees at Guantanamo
by LOIS WHITMAN
Dear Secretary Rumsfeld,
Human Rights Watch is deeply concerned
at recent reports that at least three children, ages thirteen
to fifteen, are among the detainees being held at Guantanamo
Bay. We assume that like adult detainees, these children are
unable to talk with attorneys, have extremely limited, if any,
contact with their families, are subject to interrogation, and
are being held indefinitely.
We are writing to urge the U.S. government
to strictly observe international standards governing juvenile
justice and children deprived of their liberty, and the U.S.'
legal obligations under the recently-ratified optional protocol
to the Convention on the Rights of the Child on the involvement
of children in armed conflict.
International standards recognize that
children under the age of eighteen are a particularly vulnerable
group, and entitled to special care and protection because they
are still developing physically, mentally and emotionally. These
standards include certain key principles, including the use
of detention only as a measure of last resort, separation of
children from adults, the right of children to maintain contact
with their families, and the right to a prompt determination
of their case.
In addition, new international standards
binding on the United States recognize the special situation
of children who have been recruited or used in armed conflict,
and their rights to prompt demobilization, and rehabilitation
and reintegration assistance.
Detention of Children:
A broad international consensus recognizes
that for children (generally defined as persons under the age
of eighteen), detention should be used only as a measure of
last resort and for the shortest appropriate period of time.
This consensus is reflected in international standards including
the Convention on the Rights of the Child, U.N. Standard Minimum
Rules for the Administration of Juvenile Justice, and the U.N.
Rules for the Protection of Juveniles Deprived of their Liberty.
These standards stipulate that alternatives to detention should
be used whenever possible, ideally in a community-based setting.
According to recent reported statements
by a U.S. military spokesperson, the children held at Guantanamo
are being interrogated because they "have potential to
provide important information." The possibility of providing
the United States with military intelligence would certainly
not justify the continued detention of these children.
If the children have allegedly committed
specific offenses, they should be provided with counsel, and
their situation adjudicated in an appropriate jurisdiction according
to established juvenile justice standards. If the children are
not being charged, they immediately should be returned to the
custody of their parents or guardians. In all cases, the child's
best interests should be a primary consideration.
In general, any children detained solely
because they are believed to have intelligence information of
interest for the United States should be promptly questioned
in their home country, and immediately released.
Risks to Children's
Well-Being:
U.S. authorities have stated that the
children detained at Guantanamo are being held separately from
adult detainees, in accordance with international standards.
Nonetheless, the conditions at Guantanamo may pose serious risks
to children. These conditions are believed to include:
-long periods of time in virtual isolation
due to their very small numbers; -limited or no access to their
families or legal counsel; -interrogation without the benefit
of family members or legal counsel; -lack of staff trained in
the rights and special needs of children; -indefinite detention,
with no clear information regarding the timing of their release.
All of these factors are particularly
detrimental to the well-being of children and violate internationally
accepted standards for the protection of children. Studies have
shown that isolated conditions are especially conducive to
suicidal behavior, and that children held in adult jails (where
they are more likely to be held in separate, secure housing
and spend substantial periods of time in isolation) are up to
eight times more likely to commit suicide than those held in
facilities that are designed specifically for juveniles. The
psychological impact of their detention environment is of particular
concern for children held at Guantanamo, given reports that
as many as twenty-five suicide attempts already have been made
by detainees at Guantanamo. Children, as a particularly vulnerable
group, may be at even higher risk.
Contact with Family: International standards
related to children guarantee the child's right to maintain
contact with his or her family through correspondence and visits
while deprived of their liberty, except in exceptional circumstances.
Where there is no evidence that contact with family members
would be detrimental to a child, they should under no circumstances
be held incommunicado. Contact with family and opportunities
to maintain family relationships can be crucial to the well-being
of detained children, and a significant factor in preparing
them for their eventual return to society. The U.S. government
should make all feasible attempts to trace the family members
of child detainees, and to facilitate regular contact.
Resolving Children's Cases Expeditiously:
International standards recognize that a child's case should
be resolved expeditiously and without unnecessary delay. The
imperative for timely action on a child's case is even more
pronounced when the child is detained. Because of their relative
immaturity, children often perceive time differently than adults,
and periods of detention may seem even longer to a child than
an older detainee, with consequent negative impact on their
psychological health and well-being. This is particularly the
case in circumstances where they may be isolated from their
family and community, and denied educational, recreational and
other programs appropriate for children.
Obligations and Considerations
Regarding Former Child Soldiers:
The children held at Guantanamo may have
participated in armed conflict in Afghanistan. An international
consensus reflected in both international humanitarian law and
international human rights law stipulates that under no circumstances
should children under the age of fifteen be recruited into armed
forces or be used to participate in hostilities. Protocol I
Additional to the Geneva Conventions, which represents customary
law, states in article 77.3 that if despite these prohibitions,
children under the age of fifteen take a direct part in hostilities
and fall into the power of an adverse party (in this case,
the United States), they are still entitled to special protections,
including whatever "care and aid they require," whether
or not they are prisoners of war.
International law has already recognized
the need for stronger protections for children involved in armed
conflict. On December 23, 2002, the United States became a
party to the Optional Protocol to the Convention on the Rights
of the Child on the involvement of children in armed conflict.
The Protocol prohibits all forced recruitment of children under
the age of eighteen, and requires states parties to take all
feasible measures to ensure that members of their armed forces
that are under the age of eighteen do not participate directly
in hostilities.
Under the protocol, the United States
also has responsibilities to assist in the demobilization and
rehabilitation of former child soldiers. Article 7 states that
states parties "shall cooperate in the implementation of
the present Protocol, including in the prevention of any activity
contrary thereto and in the rehabilitation and social reintegration
of persons who are victims of acts contrary thereto."
These standards recognize the frequent
abuse of children as soldiers in armed conflicts around the
world. Whether "voluntarily" or forcibly recruited,
the use of children in armed conflict is now widely recognized
as detrimental to the development and well-being of children,
and a serious abuse of their rights. In responding to this phenomenon,
the rehabilitation of former child soldiers is paramount, with
appropriate assistance, including family reunification, counseling,
educational and vocational training, to aid their reintegration
into society. If the child detainees at Guantanamo have participated
in armed conflict, the United States should facilitate such
assistance without delay.
Additional Child Detainees:
Recent reports have focused only on the
presence of children under the age of sixteen among the detainees
at Guantanamo. However, the accepted international definition
of a child is any person under the age of eighteen. All children
under the age of eighteen are entitled to the special protections
and considerations outlined above. The United States should
immediately clarify the exact number and ages of all children
being detained at Guantanamo.
In addition, we also remind the United
States of its obligation under international humanitarian law
regarding alleged Taliban fighters. Because the international
armed conflict between the United States and the former government
of Afghanistan ended with the installation of the government
of Hamid Karzai, the United States no longer has the authority
to hold former Taliban fighters, including any such fighters
that may be children. In such cases, they should immediately
be repatriated.
We urge the United States immediately
to make clear the steps that it is taking to comply with international
standards relevant to the children detained at Guantanamo,
including the specific concerns outlined above.
We look forward to your response.
Sincerely yours,
Lois Whitman
Executive Director
Children's Rights Division
Human Rights Watch
Today's
Features
Anthony
Gancarski
When Young Mothers Die in Combat
Chris
Floyd
Desolation Row: Bush's Barbarians Teach
by Example
Marjorie
Cohn
Tax the War Profiteers
William
Lind
The Fourth Generation of Modern War
Dave Marsh
Nina Simone: Freedom Singer
Binoy
Kampmark
Malayasia's America: the War on Iraq
David Vest
Who's Looting Whom?
Standard
Shaefer
Super Imperialism: an Interview with Michael Hudson
Andrew
Rodman
Lawn Poem
Steve
Perry
Bush's War Web Log 4/23
Website
of the Day
Weapons of Mass Destruction in the Middle East
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