The Future of Afghan Children
In the State Department’s “Country Report on Human Rights Practices” written in 2001, there were multiple large scale human rights violations that transpired at the hands of the Taliban. These violations ran the gamut of articles written in the International Covenant on Civil and Political Rights (ICCPR) and as the State Department report describes “there was widespread and widely accepted societal discrimination..throughout the country. The Taliban detained persons because of their ethnic origins. Worker rights were not defined. Child labor persists.” There were also instances of disappearance and “political and other extrajudicial killings.” However, much has changed since this report was written, there have been large-scale military actions in Afghanistan, primarily by the United States, but recently additional NATO forces have supplemented. In light of these developments, some human rights issues have improved, some have stayed the same, and yet some others have reconstituted and are just as pressing. The state of human rights in reference to children in Afghanistan is fairly dire. The right to life that is mandated in Article 6 of the ICCPR is being clearly violated.
Since the inception of international hostilities in Afghanistan there has been an intolerable amount of juvenile deaths, an estimated 346 juvenile deaths last year alone. “One hundred and thirty-one of these were by aerial strikes, 22 by search-and-raid by Special Forces; 128 were killed by anti-Government elements, including assassinations and suicide bombings.” According to the UN every person has the inherent right to life, but here we see systematic deprivations of children’s right to life. In a country with the second highest maternal death rate in the world, and the highest rates of infant and child mortality in Asia, there must be more of an effort made towards the sustainment of the next generation of Afghanis. There has been some progress made in the militaries mindset, Ms. Coomaraswamy (Special representative for Children and Armed Conflict) “noted a ‘major change in attitude and tactics’ on the part of the military since her last visit in July 2008,” however, she later “stressed that ‘these ideas and directives have now to be implemented’.”
These statements seem to indicate that some ground work has been laid in the ffort to improve the human rights situations of juveniles in Afghanistan, but what more can be done? There needs to be an immediate revision of the rules of engagement of American forces in Afghanistan. Nearly forty five percent of the juvenile deaths last year were at the hands of American forces. Being the most sophisticated fighting force in the world, we surely can do better than that. There must also be complete tooth to tail training for NATO forces on the realties of international law and human rights implications of there work in theater. There also needs to be more robust oversight on the part of NATO forces and commanders in investigating, through impartial means, every case of civilian death in Afghanistan and prosecuting those involved if necessary. This is an area where the Americans and Afghanis could cooperate, overseeing one another and validating the objective nature of the investigation, as well as any punishments derived.
Once these broad stroke measures are in place, the stage will be set to more effectively engage the rights of children specifically. Beyond just the right to life, other rights laid out in the ICCPR are being violated. It is widely thought that many Afghani children are forced to work, and it is cited that: “According to recent estimates, one in four Afghan children aged seven to 14 is engaged in some form of work.” This is in direct contrast to the language of Article 8, line three, section (a), which reads: “No one shall be required to perform forced or compulsory labor.” Also “Despite legislation forbidding underage marriage it is believed that more than 55 percent of Afghan girls are married before the age of sixteen.” This is again a clear violation of the ICCPR. It mandates in Article 23, line 3, that “No marriage shall be entered into without the free and full consent of the intending spouses.” It obviously cannot be assumed by a reasonable person that girls, the majority of whom are under the age of sixteen, are freely and with sound mind engaging in binding marriages with men.
The reasons and conditions under which the international community has conducted itself have come under considerable scrutiny. However, the presence of an international force could do much good in terms of the advancement of human rights in the country of Afghanistan. Unfortunately up until this point, the violence of that international presence has exacerbated the crisis via the killing of civilians, especially children. The need now is greater than ever to employ a new strategy in Afghanistan in regards to the human rights of children, and while, as mentioned, there has been some recent clarity of mind set, there is still a lack of clarity and purpose of action to produce real results. The way that military operations are conducted needs to change, as well as some of the focus of commanders and administrators of international efforts. This could still prove to be a huge success for human rights in southwestern Asia, and there is no time like the present to get to ball rolling towards real change and progress.
Notes
[1] http://www.state.gov/g/drl/rls/hrrpt/2000/sa/721.htm
[1] IBID
[1] http://www.un.org/apps/news/story.asp?NewsID=33879&Cr=afghan&Cr1=
[1] http://www.savethechildren.org/publications/afghanistan_children.pdf
[1] http://www.un.org/apps/news/story.asp?NewsID=33879&Cr=afghan&Cr1=
[1] IBID
[1] http://www.amnesty.org/en/library/asset/ASA11/010/2009/en/84ad141f-f372-4e78-8507-e289143b49c1/asa110102009en.html
[1] http://www2.ohchr.org/english/law/ccpr.htm
[1] http://www.amnesty.org/en/library/asset/ASA11/010/2009/en/84ad141f-f372-4e78-8507-e289143b49c1/asa110102009en.html
[1] http://www2.ohchr.org/english/law/ccpr.htm
© 2010, Josh Rehfeldt. All rights reserved.