Children

The ‘cycle of abuse’, we’ve all heard the phrase a million times, yet I often think we forget what it means. It does not only mean the cycle, or stages, in which abuses are carried out. A child who grows up in an abusive home, is sexually abused, is a victim of trafficking, a child soldier…unfortunately the list of grave injustices against children goes on and on, is never able to escape the cycle of abuse. Therefore a child of abuse is at an increased risk to become an abuser, victim of sexual assault, become socially isolated, turn to drugs and alcohol, and various other form of self destructive behavior or susceptible to varying forms of continued abuse. We, as an international community must work to ensure that all children have been given their right to protection, both to prevent such abuses, and to assist the abused in their recovery. Therefore substantial physical and psychological care must be given to victims.

The practice of Female Genital Mutilation (FGM) is not reserved to the Middle East and Africa, as the law enforcement in the UK has discovered the hard way. Female genital mutilation is on the rise in Britain, as Scotland Yard estimates that up to 66,000 girls, 74,000 according to the woman’s rights group Forward, in Great Britain are at risk.

FGM has been a criminal offense in the United Kingdom since 1985, with the Prohibition of Female Circumcision Act. In 2003 England, Wales and Northern Ireland, repealed and then re-enacted the 1985 Act, replacing it with the Female Genital Mutilation Act, which increased the maximum penalty for FGM from 5 years to 14 years. Unfortunately, there have been no prosecutions, just a change in the law itself. Thus the fight is not over, to rid the UK of FGM, it has only just begun, and the lack of prosecutions leaves many to question if it will ever end. To show they are stepping up their efforts and taking it more seriously, “police are offering a $40,000 reward for information leading to Britain’s first prosecution for female genital mutilation”.

‘They say this “extreme child abuse is illegal and won’t be tolerated.” Yet, it’s been illegal since 1985, and no one has yet been prosecuted for it.’ (Mutilated Girls; U.K.’s Ignored Secret)

Despite the law, and the lack of prosecutions, there has been an increase of girls presenting FGM related issues in NHS facilities. Many believe that FGM is only being pushed farther underground, and causing some to try and avoid the law by sending girls overseas to undergo the practice. While it is mostly found in first generation Britons, some fear that they will only continue see the practice rise, despite decreases over the years immigration in the UK remains high. Therefore prosecutions of those involved in the practice of FGM are essential in showing that Brittan will not tolerate such an inhuman practice against girls.

UNICEF UK, stated in a position paper, that it “supports the Female Genital Mutilation Bill but also stresses the need for the Government to invest more energy into exploring the reasons why there have been no prosecutions for FGM, and to address culturally sensitive, educative approaches for the eradication of this gross breach of the rights of young girls.”

Not only must the UK address the issues as stated by UNICEF, but it must address the fact that it is increasingly difficult to identify which children in the UK are at risk for FGM. As in any heavily diverse and culturally mixed community, risk factors are often easily over looked, and it is heightened by the sheer length in which a girl may remain at risk for FGM. As FGM is not just a practice that occurs in infancy, but can occur at anytime from birth through adolescence.

Shortly after the announcement of the reward money, a 36 year old woman was arrested on suspicion of trying to arrange a FGM proceedure. The woman has since been bailed, but is due in court on September 6, 2007, and while her fate is unknown girls in the UK continue to remain at risk. Therefore it looks to take much more than an increase in penalty of the law, and reward money, to eradicate FGM under the Queens Crown.

Links:
British Medical Association (BMA): Female genital mutilation - caring for patients and child protection
Blog: Female Genital Mutilation Taking Place In Britain, Are Police Afraid To Stop It?

No matter what you say, or what you do, it all leaves a mark on the children around you. A child who witnesses violence and war, is forever scared by what they see. A child who hears nothing but negative, cannot erase the voice that says, “you can’t”. But the child who witnesses peace and love, will carry that with them forever and continue to share hope for the future.

We cannot erase the mistakes of the past, but we can leave a bigger impression on a child with hope, than with despair.

Julianne Duncan is the Associate Director for Children’s Services, with the United States Conference of Catholic Bishops Migration and Refugee Services. This Q&A is to follow-up with yesterdays posting, and bring you more from my interview with Ms. Duncan. If you have not read yesterdays post, please do so, Ms. Duncan has a great deal of information and knowledge to share on the subject of child trafficking.

What do you think is the biggest misnomer or confusion about human trafficking?
“One of the biggest confusions, well there are two, on one side there is confusion and complexity as to if it is smuggling or trafficking. It may not actually be trafficking, but there are circumstances where they children look like they are participating in something looking like the sex trade…”. “The nexus between smuggling and trafficking is complex, there is great confusion on to what level of proof they need. There has been progress, but needs to be much more”.

Does USCCB work with both domestic and international victims of trafficking?
Yes

Do you find you have more hurdles to face with domestic or international victims?/What is the difference in domestic victims and international victims?
“Internal to the US and not thinking about immigration when thinking of trafficking, but US children trafficked within the United States…there is lots of discussion and confusion, with some people in the United states thinking that U.S. born children not getting benefits that foreign born children have gotten. This mired in a lack of knowledge… as really few children are cared for that are foreign. However US children are also facing huge barriers though very different than foreign born children. For domestic children, they do not necessarily have to say “yes, I did work in a brothel“, as most have been picked up for prostitution, therefore they are faced with being treated as juvenile delinquents, not as trafficking victims.” “For foreign born children who are trafficked, the biggest obstacle is being identified, and therefore cared for. They are not easily able to articulate their situation, they are afraid and ashamed to say, “yes, I was working in a brothel”, but if they do not say it they cannot be cared for.” “So often foreign born children are treated as illegal aliens and not trafficking victims”.

The one thing that Ms. Duncan, stated was the most important consensus with children, regardless of their nationality or immigration status, is that “children cannot consent! For children if they are actively participating in the sex trade, they are defacto victims”

When asked what needs to be done to ensure that both foreign and US born children receive more adequate care and protection, Ms. Duncan stated,

“Continuing to raise awareness is quite important and continuing to improve the laws. The biggest issue is to improve our administration of the law with all the agencies involved. All three U.S. federal government agencies who have responsibilities for trafficking have different goals and objectives in mind…victims are touched by all three and it is easy for them to fall through the cracks”.

According to Ms. Duncan it is “easy to fall through some big gapping cracks”, and it is a problem for everyone involved in any aspect of trafficking work, but it is an even bigger problem with children. “Though it would seem to easier in theory, however in practice it is harder as they do not need the children to testify, and therefore children quickly drop off the radar screen…as they focus on prosecution”. According to Ms. Duncan, this problem is completely “unintentional, but the biggest problem in the US”, and she stated that there needs to be a seamless effort, consensus and way forward within in all three agencies.

When placing children who have been victimized by trafficking, what is the most difficult hurdle that the children face in their resettlement?
For foreign born children who have been trafficked into the United States, they have many adjustments to make when they are removed from the trafficking situation and stabilized in foster care if they do not have families to care for them. Being among unfamiliar people, even when they speak the language and have familiar food or customs is the initial hurdle. It takes the child a while to begin trusting anyone. Since they have been betrayed by their traffickers and sometimes by their family of origin, establishing trust is the most difficult hurdle.

What programs are most in need when it comes to the placement and rehabilitation of child victims of trafficking?
Getting a child through the system of referrals and barriers is really the biggest problem right now. The system of identification and referral is simply not as seamless as we all wish it would be. Developing adequate program response to assist the government and potential providers is the greatest lack right now. Once children are identified and referred for foster care or for care in local areas, programs need adequate trained staff and enough skilled foster parents to assist the child victims.

“Since the Victims of Trafficking Act was passed in 2000, the number of victims of children identified are less than 100, and if estimates are correct then there should have been 47,000”. Ms. Duncan stated, “Its amazing how poorly we are doing as a country. It’s a hard problem all the way around, for the government, and for us as NGOs”. “There isn’t a lot of dissension that children should not be trafficking”, yet there are a great many strides that still need to be accomplished if we are going to be able to truly protect, assist and rehabilitate child trafficking victims.

The last thing we in the public remember or think is, that there was a raid and then it slips off the radar of our minds….and when the topic of trafficking falls from our minds, we need to aware that is when children are beginning to fight once again, as they fall through the cracks. It is after a raid and the publicity of a raid or law enforcement action that we need to be offering care to the children who have been caught up in the trafficking situation. We must realize not only that the issue of child trafficking is a problem that does not end with the recovery of victims. There are many people and organizations working hard every day to provide the victims of trafficking a bright future, but they too struggle in the fight. The USCCB continues to work tirelessly on behalf of child victims of human trafficking, and continuously works to advocate and lobby for stronger laws, enforcement and support services.

Links:
The United States Conference of Catholic Bishops
Coalition of Catholic Organizations Against Human Trafficking
Guidance for Identifying a Child Victim of Trafficking
Frequently Asked Questions About Services to Trafficked Children
Trafficking Victims Protection Act of 2000
Trafficking Victims Protection Act of 2000 Fact Sheet
Office of Refugee Resettlement (ORR) of the US Department of Health and Family Services - Administration for Children and Families
The Campaign to Rescue and Restore Victims of Human Trafficking

Photo by Mark Edwards

In honor of today being International Refugee Day, I want to draw your attention to the millions of child refugees, who are parentless and alone in their struggle for safety and a home.

For millions of children home is a word has very little meaning, or serves only as a painful reminded of what they have lost and fear will never have again. While for most of us in the west, home is a word we take for granted, to most of us having a home is symbol of what we have accomplished and achieved in life. A home is a symbol of family and safety, a place of warmth and love, yet for all too many children, home is nothing but a fading memory, or a dream. Like the story your grandparents always told you about their childhood, the story of home for many children is that far way land that they can only imagine through the stories of their parents or grandparents. Home often only reminds refugee children of what they have lost, often home is just a fading memory. What refugee children have lost is much more than a physical home, it is the loss of their entire families, their homelands, their culture, and their safety.

Once in a Refugee camp, safety and security, especially for children, is a daily struggle. While all refugees are vulnerable, children are are particularly vulnerable, many children are unaccompanied in the camps, and are therefore at even greater risk. Risks in the camps can often come from those who are put in place to protect refugees, as the infrastructures of refugee camps, and of other law and immigration officials, often prey on children…children can be misled, abused both physically and sexually, and are prime potential victims for trafficking and other horrendous crimes.

Joung-ah Ghedini, a UNHCR spokesperson, spoke of a child Ghedini met in a camp in Burundi, who’s parents where killed in a raid. The young girl told Ghedini:

“I don’t know what to think about anything. Living here, I don’t hear the gunfire, or the shelling, but I’m still scared; maybe I’ll be scared like this for the rest of my life.” Ghedini said of the girl, “Here’s an 8-year-old who has survived more than most adults, and she’s not griping, not complaining. That’s all she knew: being scared about being able to go to sleep at night and not worry.” (National Geographic News; For Refugee Children, “Home” is a Changing Concept)

According to UNHCR there are 20.8 million refugees, internally displaced persons, asylum seekers, and persons of concern worldwide, however the 2006 Global Trends:Refugees, Asylum-seekers, Returnees, Internally Displaced and Stateless Persons report, states that the number has risen dramatically to 32.9, which is of grave concern, and should be to all persons and states. In the report the UNHCR was unable to get clear statistics on the ages brake down of refugees from the total refugee population, however it is estimated that almost half, or more, of the worlds refugees are children. Additionally it is approximated that half of all refugees,and others of similar status, are female.

Unaccompanied child refugees is of grave concern, due to the specialized needs and protection of their situation, however a full consensus on treatment of these children has yet to have been made. This includes the ages by country which determines their status as an unaccompanied minor. Therefore this is a large gap in the protection of children, and even more so with unaccompanied children, and it is apparent worldwide. As not only are unaccompanied children ripe for violations in refugee camps, but also when in industrialized nations seeking refuge and asylum. The main reason for this gap in protection, is that children are not seen as politically viable and they do not have a strong voice in the system, and without parents, guardians or agencies to protect them, they can be shuffled around even more as stateless citizens. Children often have no documentation, to prove age or origin, and this can often compound the situation even further.

“These migrant children thus labor under the triple burden of alienation, isolation, and minority status. One of the starkest examples of the tension between state law enforcement mandates and a children’s rights perspective is found in the asylum system. It is here that children regularly face insuperable hurdles and rights-violating procedures. Far from receiving compassionate or protective state intervention, many migrant children encounter punitive and degrading measures that cast them as delinquents and “urchins,” rather than as particularly vulnerable refugees. ” (Triple Burden: The Obstacles to Protection Facing Unaccompanied and Separated Child Migrants Today)

Commenting on the situation of unaccompanied children in the UK, Margaret Lally of the Refugee Council said,

“It’s clear from this report that separated refugee children are not getting the same level of care as any other child would receive under UK childcare legislation. But we should never forget that any child is a child first and foremost and a refugee second. We have a duty to these children under domestic and international law and they must be protected.” (Refugee children arriving alone are being left unsupported and unprotected, reveals UK report)

How do we move forward, and ensure that we are working together in a sustainable and collective world effort to assist those who are forced to leave their homes?

Marc Giménez, Campaign coordinator of Federation of Young European Greens, when asked about the situation of refugees stated, “…a high percentage of migrants are young people and thus it is important to create projects which contribute to the exchange of realities between migrants and young activists of destination countries. Only when sharing experiences and working together, we will be able to row in the same direction”.

We need to look at refugees, especially children, for what they are…normal people who have been forced from their homes, who are scared and vulnerable, they need our help and understanding. No one flees their homes in the darkness of the night, with only the clothes on their back, because the want to…refugees are refugees, because they have to be! Whether desperately waiting for war to end in an a bordering country; living in an internal camp to escape natural disaster; or seeking asylum, for fear of persecution and death, in the West, refugees are people just like you and me, who have been forced to live through the unthinkable.

Please see yesterdays post for more information and links. You may also be interested in Child Detainees, An International Crime, posted on April 9, 2007. Please also see my fellow FPA bloggers Cathryn Cullver and Rich Basas,on their Migration Blog, for more information on this and related issues.

Links:
UNHCR - State of the World Refugee’s 2006
United Nations High Commissioner for Refugees
Refugee Studies Centre
European Council - Refugees and Exiles
Human Rights Watch
Refugees International
American Refugee Committee International
The International Refugee Committee (IRC)
International Committee of the Red Cross Displaced Persons Site
Amnesty International - Refugees
The International Rescue Committee
Women’s Commission for Refugee Women and Children
NineMillion.org
Middle East Info - Has a good forum with lots of photos and discussions on refugees
Human Rights Watch - Forgotten Children of War
2006 Global Trends:Refugees, Asylum-seekers, Returnees, Internally Displaced and Stateless Persons Report
Trends in Unaccompanied and Separated Children Seeking Asylum in Industrialized Countries
SeparatedRefugee Children in the Untied States: Challenges and Opportunities
American Near East Refugee Aid

Photo by Time

No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time. Convention on the Rights of the Child, article 37(b)

Detention centers rarely look different than prison, and for a child the effects of spending time in such facilities can be detrimental. The complex nature of seeking asylum often leaves children and their parents, often single mothers, in limbo for weeks and sometimes more than a month. The effect that the feeling of isolation and on any person can be extremely hard to handle, but for a child isolation is mixed with fear and confusion, as their is no way to clearly explain that they have done nothing wrong to deserve the restrictions and lock-up they now face.

Holding child detainees in immigration detention centers is of growing concern, and now the subject of much debate on both sides of the water. Just last week grave concern was raised in Brittan about Yarl’s Wood, as many children have been being held at the facility for more than four weeks. The British government admits that detaining children is not ideal, however they see it as the only way. The Minister of Immigration, Liam Bryne, went so far as to place a majority of the blame on the parents, saying the lengthy time in detentions was due to parents stalling the deportation process. However, for the parents and children looking out of locked doors in Yarl’s Wood the view is quite different. One mother of two, who has been detained twice, said:

“The Children found it very upsetting. They kept on asking me if we are in a prison and whether we had committed any crime. They still have nightmares, they don’t sleep, they think about detention.” (BBC: Young are too Long in Yarl’s Wood)

In the United States Women’s Commission for Refugee Women and Children and Lutheran Immigration and Refugee Services have been conducting interviews and visits with families who are being held in a detention centers in Texas. The two groups claim that based on their findings the center in Hutto, Texas should be shut down, as children are living in ‘jail-like conditions’, which in the Texas facility is exactly that, a jail! The groups also found that children where not receiving adequate education, if a child is over five they are separated from their parents at bedtime, threats to separate families where used on both children and parents. These conditions are obviously detrimental to the welfare of children and serve little purpose in adding the immigration progress. Both groups recommended that that families holding no criminal or security threat be released, and alternatives such as parole, electronic bracelets and shelters run by nonprofit groups, be used in replace of penal facilities. “The Homeland Security Department defended the centers as a workable solution to the problem of illegal immigrants being released, only to disappear while awaiting hearings.” (Group Seek Shutdown of Immigration Center) That said it is presumptuous of the government to assume all will run, and surely the suggested use of ankle bracelets and a house arrest situation would suit all concerns of flight risk, while allowing children a sense of normality in their daily lives.

In the report, The Detention of Children in Member States’ Migration Control and Determination Processes, the authors looked at the increasing use placing children in detention centers by EU member states. Recommendations in the report included The report concluded that: immigrant minors rights be monitored by the Fundamental Rights Agency (FRA) , statistics on the detention of minors be composed by all states for report to the FRA on an annual basis, a report be produced annually highlighting each countries when detaining children in regard to the mentioned recommendations, the placement of health care in all detention centers, legal representation for all children before detention, an automatic right for independent judicial review for all children regarding their detention, the use and adherence of the United Nations Convention on the Rights of the Child, and for all member states to use ‘detention only as a last resort’.

Australia has been in the spotlight, regarding the detaining of children in facilities which have been seen as inadequate and prison like. Concerns have been raised publicly for a number of years, especially over the use of facilities that are mandatory for all asylum seekers, including children, that are deemed by many, as worse than the prisons of the country. The detention of children in Australia is of serious concern, as children do not receive an adequate education, are at risk for mental illness and abuse. In the article, The impact of detention on the mental health of detainees in immigration detention, and the implications for failing to deliver adequate Mental Health Services: Who Cares?, Claire O’Connor researches the mental health effects that are caused by such prison like conditions for asylum seekers, and the governments failure to recognize, treat and prevent these grave health concerns.

The case of unaccompanied children is far more difficult than that of children detained with their families, as children who seek asylum independently face a far more difficult time in obtaining assistance. Children who are alone are also at a greater risk for abuse and often disregarded as nothing more than runaways or delinquents, their rights are then seen as something secondary to their unknown crimes. The Harvard Review of Latin America published an article, Children Seeking Asylum, highlights the grave concerns that have emerged in the immigration and deportation process in a post 911 world, including an increase in children applying for asylum independently. “In the U.S. separated children who seek asylum are regularly and routinely detained, often for months on end. A third of the 5000 children detained each year are locked up in secure jails, alongside juveniles convicted of criminal offenses; they are subjected to handcuffing and shackling, and other intrusive and punitive measures… Refugee advocates report that children seeking asylum are used as baits to find, detain and eventually deport undocumented parents already in the country.” The article also highlights how many children are detained, and many times even deported, due to their parents illegal status, even though they are US citizens.

The use of detention centers for children appears to be a clear violation to the UN Convention on the Rights of the Child, as the best interest of the child are not being met. Therefore we must take efforts around the globe to see that new regulations, procedures and facilities are established, for all detainees, especially children. While the process of asylum is underway, a child should never be denied his or her human rights.

CHILDREN CONFINED- Immigrant Detention at Hutto
d movie="http://www.youtube.com/v/HBCAgSCGM04" width="425" height="350" wmode="transparent" /]

Links:
Women’s Commission for Refugee Women and Children

Lutheran Immigrant and Refugee Service

Immigrant Detention and Human Rights

Chill Out: Children out of Detention

More Than 2,000 Children of Asylum-seekers Detained

A Last Resort