Category Archives: Rights of The Child

U.S. and EU Sanctions Are Punishing Ordinary Syrians and Crippling Aid Work, U.N. Report Reveals

U.S. and EU Sanctions Are Punishing Ordinary Syrians and Crippling Aid Work, U.N. Report Reveals

Dania Khalek,  The Intercept,  28 September 2016

Internal United Nations assessments obtained by The Intercept reveal that U.S. and European sanctions are punishing ordinary Syrians and crippling aid work during the largest humanitarian emergency since World War II.

The sanctions and war have destabilized every sector of Syria’s economy, transforming a once self-sufficient country into an aid-dependent nation. But aid is hard to come by, with sanctions blocking access to blood safety equipment, medicines, medical devices, food, fuel, water pumps, spare parts for power plants, and more.

In a 40-page internal assessment commissioned to analyze the humanitarian impact of the sanctions, the U.N. describes the U.S. and EU measures as “some of the most complicated and far-reaching sanctions regimes ever imposed.” Detailing a complex system of “unpredictable and time-consuming” financial restrictions and licensing requirements, the report finds that U.S. sanctions are exceptionally harsh “regarding provision of humanitarian aid.”

U.S. sanctions on Syrian banks have made the transfer of funds into the country nearly impossible. Even when a transaction is legal, banks are reluctant to process funds related to Syria for risk of incurring violation fees. This has given rise to an unofficial and unregulated network of money exchanges that lacks transparency, making it easier for extremist groups like ISIS and al Qaeda to divert funds undetected. The difficulty of transferring money is also preventing aid groups from paying local staff and suppliers, which has “delayed or prevented the delivery of development assistance in both government and besieged areas,” according to the report.

Trade restrictions on Syria are even more convoluted. Items that contain 10 percent or more of U.S. content, including medical devices, are banned from export to Syria. Aid groups wishing to bypass this rule have to apply for a special license, but the licensing bureaucracy is a nightmare to navigate, often requiring expensive lawyers that cost far more than the items being exported.

Syria was first subjected to sanctions in 1979, after the U.S. designated the Syrian government as a state sponsor of terrorism. More sanctions were added in subsequent years, though none more extreme than the restrictions imposed in 2011 in response to the Syrian government’s deadly crackdown on protesters.

In 2013 the sanctions were eased but only in opposition areas. Around the same time, the CIA began directly shipping weapons to armed insurgents at a colossal cost of nearly $1 billion a year, effectively adding fuel to the conflict while U.S. sanctions obstructed emergency assistance to civilians caught in the crossfire.

TO GO WITH AFP STORY BY SAMMY KETZA banker stacks packed Syrian lira bills at the Central Bank in Damascus on August 25, 2011. US sanctions have forced Syria to stop all transactions in US dollars, with the country turning completely to euro deals, the governor of the Central Bank Adib Mayaleh told the AFP during an interview. AFP PHOTO/JOSEPH EID (Photo credit should read JOSEPH EID/AFP/Getty Images)

A man stacks packed Syrian lira bills at the Central Bank in Damascus on Aug. 25, 2011.

Photo: Joseph Eid/AFP/Getty Images

An internal U.N. email obtained by The Intercept also faults U.S. and EU sanctions for contributing to food shortages and deteriorations in health care. The August email from a key U.N. official warned that sanctions had contributed to a doubling in fuel prices in 18 months and a 40 percent drop in wheat production since 2010, causing the price of wheat flour to soar by 300 percent and rice by 650 percent. The email went on to cite sanctions as a “principal factor” in the erosion of Syria’s health care system. Medicine-producing factories that haven’t been completely destroyed by the fighting have been forced to close because of sanctions-related restrictions on raw materials and foreign currency, the email said.As one NGO worker in Damascus told The Intercept, there are cars, buses, water systems, and power stations that are in serious need of repair all across the country, but it takes months to procure spare parts and there’s no time to wait. So aid groups opt for cheap Chinese options or big suppliers that have the proper licensing, but the big suppliers can charge as much as they want. If the price is unaffordable, systems break down and more and more people die from dirty water, preventable diseases, and a reduced quality of life.

Such conditions would be devastating for any country. In war-torn Syria, where an estimated 13 million people are dependent on humanitarian assistance, the sanctions are compounding the chaos.

In an emailed statement to The Intercept, the State Department denied that the sanctions are hurting civilians.

“U.S. sanctions against [Syrian President Bashar al-Assad], his backers, and the regime deprive these actors of resources that could be used to further the bloody campaign Assad continues to wage against his own people,” said the statement, which recycled talking points that justified sanctions against Iraq in 1990s. The U.S. continued to rationalize the Iraq sanctions even after a report was released by UNICEF in 1999 that showed a doubling in mortality rates for children under the age of 5 after sanctions were imposed in the wake of the Gulf War, and the death of 500,000 children.

“The true responsibility for the dire humanitarian situation lies squarely with Assad, who has repeatedly denied access and attacked aid workers,” the U.S. statement on Syria continued. “He has the ability to relieve this suffering at any time, should he meet his commitment to provide full, sustained access for delivery of humanitarian assistance in areas that the U.N. has determined need it.”

Meanwhile, in cities controlled by ISIS, the U.S. has employed some of the same tactics it condemns. For example, U.S.-backed ground forces laid siege to Manbij, a city in northern Syria not far from Aleppo that is home to tens of thousands of civilians. U.S. airstrikes pounded the city over the summer, killing up to 125 civilians in a single attack. The U.S. also used airstrikes to drive ISIS out of KobaneRamadi, and Fallujah, leaving behind flattened neighborhoods. In Fallujah, residents resorted to eating soup made from grass and 140 people reportedly died from lack of food and medicine during the siege.

A Syrian man walks past an empty vegetable market in Aleppo on July 10, 2016, after the regime closed the only remaining supply route into the city.

A Syrian man walks past an empty vegetable market in Aleppo on July 10, 2016, after the regime closed the only remaining supply route into the city.

Photo: Karam Al-Masri/AFP/Getty Images

Humanitarian concerns aside, the sanctions are not achieving their objectives. Five years of devastating civil war and strict economic sanctions have plunged over 80 percent of Syrians into poverty, up from 28 percent in 2010. Ferdinand Arslanian, a scholar at the Center for Syrian Studies at the University of St. Andrews, says that reduction in living standards and aid dependency is empowering the regime.“Aid is now an essential part of the Syrian economy and sanctions give regime cronies in Syria the ability to monopolize access to goods. It makes everyone reliant on the government. This was the case in Iraq, with the food-for-oil system,” explained Arslanian.

“Sanctions have a terrible effect on the people more than the regime and Washington knows this from Iraq,” argues Joshua Landis, director of the Center for Middle East Studies at the University of Oklahoma. “But there’s pressure in Washington to do something and sanctions look like you’re doing something,” he added.

Despite the failure of sanctions, opposition advocates are agitating for even harsher measures that would extend sanctions to anyone who does business with the Syrian government. This, of course, would translate into sanctions against Russia.

“The opposition likes sanctions,” says Landis. “They were the people who advocated them in the beginning because they want to put any pressure they can on the regime. But it’s very clear that the regime is not going to fall, that the sanctions are not working. They’re only immiserating a population that’s already suffered terrible declines in their per capita GDP,” he added.

Read the report:

Hum Impact of Syria Related Res Eco Measures 26 May 2016, 40 pages

Top photo: A Syrian Red Crescent truck, part of a convoy carrying humanitarian aid, is seen in Kafr Batna on the outskirts of Damascus on Feb. 23, 2016, during an operation in cooperation with the U.N. to deliver aid to thousands of besieged Syrians.

Update: September 30, 2016

The wording of a paragraph about U.S. tactics in Syria and Iraq has been altered to clarify that the U.S. used a strategy of airstrikes against Kobane, Ramadi, and Fallujah when they were controlled by ISIS forces

Palestinian Children Tortured, Used As Shields By Israel, UN Says

http://www.huffingtonpost.com/2013/06/20/palestinian-children-tortured-used-as-shields-israel-un_n_3471009.html

Palestinian Children Tortured, Used As Shields By Israel, UN Says

06/20/2013
By Stephanie Nebehay

GENEVA, June 20 (Reuters) – A United Nations human rights body accused Israeli forces on Thursday of mistreating Palestinian children, including by torturing those in custody and using others as human shields.

Palestinian children in the Gaza Strip and the West Bank, captured by Israel in the 1967 war, are routinely denied registration of their birth and access to health care, decent schools and clean water, the U.N. Committee on the Rights of the Child said.

“Palestinian children arrested by (Israeli) military and police are systematically subject to degrading treatment, and often to acts of torture, are interrogated in Hebrew, a language they did not understand, and sign confessions in Hebrew in order to be released,” it said in a report.

The Israeli Foreign Ministry said it had responded to a report by the U.N. children’s agency UNICEF in March on ill-treatment of Palestinian minors and questioned whether the U.N. committee’s investigation covered new ground.

“If someone simply wants to magnify their political bias and political bashing of Israel not based on a new report, on work on the ground, but simply recycling old stuff, there is no importance in that,” spokesman Yigal Palmor said.

Kirsten Sandberg, a Norwegian expert who chairs the U.N. Committee on the Rights of the Child, said the report was based on facts, not on the political opinions of its members.

“We look at what violations of children’s rights are going on within Israeli jurisdiction,” she told Reuters.

She said Israel did not acknowledge that it had jurisdiction in the occupied territories, but the committee believed it does, meaning it has a responsibility to comply with the U.N. Convention on the Rights of the Child.

The report by its 18 independent experts acknowledged Israel’s national security concerns and noted that children on both sides of the conflict continue to be killed and wounded, but that more casualties are Palestinian.

Most Palestinian children arrested are accused of throwing stones, which can carry a penalty of up to 20 years in prison, the committee said.

The watchdog examined Israel’s record of compliance with the children’s rights convention as part of its regular review of the pact from 1990 signed by 193 countries, including Israel. An Israeli delegation attended the session.

The U.N. committee regretted what it called Israel’s persistent refusal to respond to requests for information on children in the Palestinian territories and occupied Syrian Golan Heights since the last review in 2002.

“DISPROPORTIONATE”

“Hundreds of Palestinian children have been killed and thousands injured over the reporting period as a result of (Israeli) military operations, especially in Gaza,” the report said.

Israel battled a Palestinian uprising during part of the 10-year period examined by the committee.

It withdrew its troops and settlers from the Gaza Strip in 2005, but still blockades the Hamas-run enclave, from where Palestinian militants have sometimes fired rockets into Israel.

During the 10-year period, an estimated 7,000 Palestinian children aged 12 to 17, but some as young as nine, had been arrested, interrogated and detained, the U.N. report said.

Many are brought in leg chains and shackles before military courts, while youths are held in solitary confinement, sometimes for months, the report said.

It voiced deep concern at the “continuous use of Palestinian children as human shields and informants”, saying 14 such cases had been reported between January 2010 and March 2013 alone.

Israeli soldiers had used Palestinian children to enter potentially dangerous buildings before them and to stand in front of military vehicles to deter stone-throwing, it said.

Almost all had remained unpunished or had received lenient sentences, according to the report.

Sandberg, asked about Israeli use of human shields, said: “It has been done more than they would recognise during the dialogue. They say if it happens it is sanctioned. We say it is not harsh enough.” (Reporting by Stephanie Nebehay in Geneva and Allyn Fisher-Ilan in Jerusalem; editing by Alistair Lyon and Raissa Kasolowsky)

Racism is the Foundation of Israel’s Operation Protective Edge

http://www.jadaliyya.com/pages/index/18732/racism-is-the-foundation-of-israels-operation-prot

Racism is the Foundation of Israel’s Operation Protective Edge
Jul 30 2014, by Joel Beinin

On 30 June Ayelet Shaked, chairwoman of the Knesset faction of the ultra-right wing ha-Bayit ha-Yehudi (Jewish Home) Party, a key member of the coalition government led by Prime Minister Netanyahu, posted on her Facebook page a previously unpublished article written by the late Uri Elitzur. Elitzur, a pro-settler journalist and former chief-of-staff to Netanyahu, wrote:

Behind every terrorist stand dozens of men and women, without whom he could not engage in terrorism… They are all enemy combatants, and their blood shall be on all their heads. Now, this also includes the mothers of the martyrs, who send them to hell with flowers and kisses. They must follow their sons. Nothing would be more just. They should go, as well as the physical homes in which they raised the snakes. Otherwise, more little snakes will be raised there.

Shaked’s post appeared the day the bodies of three abducted settler teens­—Naftali Fraenkel, Gilad Shaar, and Eyal Yifrach—were discovered. It has since received more than 5,200 “likes.”

For over two weeks, Netanyahu and the media whipped the country into a hysterical state, accusing Hamas of responsibility for abducting the teens without providing evidence to support the claim and promoting hopes that they would be found alive, although the government knew that the boys were likely murdered within minutes of their abduction. Their deaths provided a pretext for more violent expressions of Israeli anti-Arab racism than ever before.

The viciousness of Mordechai Kedar, lecturer in Arabic literature at Bar Ilan University, was even more creative than Shaked and Elitzur’s merely genocidal proposal. “The only thing that can deter terrorists like those who kidnapped the children and killed them,” he said, “is the knowledge that their sister or their mother will be raped.” As a university-based “expert,” Kedar’s heinous suggestion is based on his “understanding” of Arab culture. “It sounds very bad, but that’s the Middle East,” he explained, hastening to add, “I’m not talking about what we should or shouldn’t do. I’m talking about the facts.”

Racism has become a legitimate, indeed an integral, component of Israeli public culture, making assertions like these seem “normal.” The public devaluation of Arab life enables a society that sees itself as “enlightened” and “democratic” to repeatedly send its army to slaughter the largely defenseless population of the Gaza Strip—1.8 million people, mostly descendants of refugees who arrived during the 1948 Arab-Israeli war, and have been, to a greater or lesser extent, imprisoned since 1994.

Conciliatory gestures, on the other hand, are scorned. Just two days after Shaked’s Facebook post, Orthodox Jews kidnapped sixteen-year-old Muhammad Abu Khdeir from the Shu‘afat neighborhood of East Jerusalem and burned him alive in the Jerusalem Forest. Amir Peretz (Hatnua) was the only government minister to visit the grieving family. For this effort he received dozens of posts on his Facebook page threatening to kill him and his family. Meanwhile, vandals twice destroyed memorials erected to Abu Khdeir on the spot of his immolation.

The international community typically sees the manifestations of Israel’s violent racism only when they erupt as assaults on the Gaza Strip, the West Bank, or Lebanon. But Israel’s increasingly poisonous anti-Arab and anti-Muslim public culture prepares the ground of domestic public opinion long before any military operation and immunizes the army from most criticism of its “excesses.” Moreover, Israeli anti-democratic and racist sentiment is increasingly directed against Palestinian citizens of Israel, who comprise twenty percent of the population.

Foreign Minister Avigdor Lieberman of the Yisrael Beytenu (Israel Is Our Home) Party made his political reputation on the slogan “No Loyalty, No Citizenship”—a demand that Palestinian Israelis swear loyalty oaths as a condition of retaining their citizenship. Since 2004 Lieberman has also advocated “transferring” Palestinian-Israelis residing in the Triangle region to a future Palestinian state, while annexing most West Bank settlements to Israel. In November 2011 Haaretz published a partial list of ten “loyalty-citizenship” bills in various stages of legislation designed to “determine certain citizens’ rights according to their ‘loyalty’ to the state.”

While Lieberman and other MKs pursue legal channels to legally undermine the citizenship of Palestinian-Israelis, their civil rights are already in serious danger. In 2010 eighteen local rabbis warned that the Galilee town of Safed faced an “Arab takeover” and instructed Jewish residents to inform on and boycott Jews who sold or rented dwellings to Arabs. In addition to promoting segregated housing, Safed’s Chief Rabbi, Shmuel Eliyahu, tried to ban Arab students from attending Safed Academic College (about 1,300 Palestinian-Israelis are enrolled, some of whom live in Safed). The rabbinical statement incited rampages by religious Jews chanting “Death to the Arabs,” leading Haaretz columnist Gideon Levy to dub Safed “the most racist city” in Israel. In Karmiel and Upper Nazareth—towns established as part of Israel’s campaign to “Judaize the Galilee”—elected officials have led similar campaigns.

Palestinian Israeli Knesset members receive regular verbal abuse from their Jewish “colleagues.” For example, Hanin Zoabi (National Democratic Alliance), who participated in the 2010 Freedom Flotilla to the Gaza Strip, which Israeli naval commandos attacked, killing nine Turks (one of whom also held US citizenship), has been particularly targeted. In the verbal sparring over the murder of the three teens Foreign Minister Lieberman called her a “terrorist.” Not to be outdone, Miri Regev (Likud) said Zoabi should be “expelled to Gaza and stripped of her [Knesset] immunity.” Other Knesset members—some from putatively “liberal” parties—piled on. [Update: Yesterday—29 July—Hanin Zoabi was suspended from Knesset].

Violence against Arabs in and around Israeli-annexed “Greater Jerusalem” is particularly intense. Much of it is the work of Orthodox Jews. The Jewish Defense League, banned in Israel in 1994 and designated a terrorist organization by the FBI in 2001, and several similar groups regularly assault and harass Arabs. The day of the funeral of the three abducted teens, some two hundred Israelis rampaged through the streets of Jerusalem chanting “Death to Arabs.” The previous evening, hardcore fans of the Betar Jerusalem football club, known as La Familia, rallied chanting, “Death to the Arabs.”  The same chant is frequently heard at games of the team, which is associated with the Likud and does not hire Arab players. Hate marches, beatings and shootings of Arabs, and destruction of their property, long common in the West Bank, have become regular events in Israel-proper in the last month.

The citizenship-loyalty bills, Safed’s designation as “the most racist city,” the attacks volleyed at Palestinian elected officials, and mob violence against Arabs all took place before Israel launched Operation Protective Edge on 8 July. The operation—more aggressively dubbed “Firm Cliff” in Hebrew—constitutes Israel’s third assault on the Gaza Strip since 2008. As of yesterday, 29 July, the Palestinian death toll in that operation has reached over 1,200, the great majority of them civilians. Thirty-two Israeli soldiers and three civilians have also died. Israeli security officials sardonically call these operations “mowing the lawn” because well-informed observers know that Hamas cannot be uprooted and is capable of rebuilding its military capacity. There is no long-term strategy, except, as Gideon Levy put it, to kill Palestinians. Major General (res.) Oren Shachor elaborated, “If we kill their families, that will frighten them.” And what might deter Israel?

[This piece originally appeared in a special weeklong series on the Stanford University Press blog, and is reposted here in partnership with SUP blog. The entire ten-part series can be found on the SUP blog.]

General Comment 17, Article 24 of ICCPR: Rights of the child

General Comment No. 17: Rights of the child (Art. 24) : . 04/07/1989.
 

 

CCPR General Comment No. 17. (General Comments)

Convention Abbreviation: CCPR
GENERAL COMMENT 17


Rights of the child

(Article 24)

(Thirty-fifth session, 1989)


1. Article 24 of the International Covenant on Civil and Political Rights recognizes the right of every child, without any discrimination, to receive from his family, society and the State the protection required by his status as a minor. Consequently, the implementation of this provision entails the adoption of special measures to protect children, in addition to the measures that States are required to take under article 2 to ensure that everyone enjoys the rights provided for in the Covenant. The reports submitted by States parties often seem to underestimate this obligation and supply inadequate information on the way in which children are afforded enjoyment of their right to a special protection.

2. In this connection, the Committee points out that the rights provided for in article 24 are not the only ones that the Covenant recognizes for children and that, as individuals, children benefit from all of the civil rights enunciated in the Covenant. In enunciating a right, some provisions of the Covenant expressly indicate to States measures to be adopted with a view to affording minors greater protection than adults. Thus, as far as the right to life is concerned, the death penalty cannot be imposed for crimes committed by persons under 18 years of age. Similarly, if lawfully deprived of their liberty, accused juvenile persons shall be separated from adults and are entitled to be brought as speedily as possible for adjudication; in turn, convicted juvenile offenders shall be subject to a penitentiary system that involves segregation from adults and is appropriate to their age and legal status, the aim being to foster reformation and social rehabilitation. In other instances, children are protected by the possibility of the restriction – provided that such restriction is warranted – of a right recognized by the Covenant, such as the right to publicize a judgement in a suit at law or a criminal case, from which an exception may be made when the interest of the minor so requires.

3. In most cases, however, the measures to be adopted are not specified in the Covenant and it is for each State to determine them in the light of the protection needs of children in its territory and within its jurisdiction. The Committee notes in this regard that such measures, although intended primarily to ensure that children fully enjoy the other rights enunciated in the Covenant, may also be economic, social and cultural. For example, every possible economic and social measure should be taken to reduce infant mortality and to eradicate malnutrition among children and to prevent them from being subjected to acts of violence and cruel and inhuman treatment or from being exploited by means of forced labour or prostitution, or by their use in the illicit trafficking of narcotic drugs, or by any other means. In the cultural field, every possible measure should be taken to foster the development of their personality and to provide them with a level of education that will enable them to enjoy the rights recognized in the Covenant, particularly the right to freedom of opinion and expression. Moreover, the Committee wishes to draw the attention of States parties to the need to include in their reports information on measures adopted to ensure that children do not take a direct part in armed conflicts.

4. The right to special measures of protection belongs to every child because of his status as a minor. Nevertheless, the Covenant does not indicate the age at which he attains his majority. This is to be determined by each State party in the light of the relevant social and cultural conditions. In this respect, States should indicate in their reports the age at which the child attains his majority in civil matters and assumes criminal responsibility. States should also indicate the age at which a child is legally entitled to work and the age at which he is treated as an adult under labour law. States should further indicate the age at which a child is considered adult for the purposes of article 10, paragraphs 2 and 3. However, the Committee notes that the age for the above purposes should not be set unreasonably low and that in any case a State party cannot absolve itself from its obligations under the Covenant regarding persons under the age of 18, notwithstanding that they have reached the age of majority under domestic law.

5. The Covenant requires that children should be protected against discrimination on any grounds such as race, colour, sex, language, religion, national or social origin, property or birth. In this connection, the Committee notes that, whereas non-discrimination in the enjoyment of the rights provided for in the Covenant also stems, in the case of children, from article 2 and their equality before the law from article 26, the non-discrimination clause contained in article 24 relates specifically to the measures of protection referred to in that provision. Reports by States parties should indicate how legislation and practice ensure that measures of protection are aimed at removing all discrimination in every field, including inheritance, particularly as between children who are nationals and children who are aliens or as between legitimate children and children born out of wedlock.

6. Responsibility for guaranteeing children the necessary protection lies with the family, society and the State. Although the Covenant does not indicate how such responsibility is to be apportioned, it is primarily incumbent on the family, which is interpreted broadly to include all persons composing it in the society of the State party concerned, and particularly on the parents, to create conditions to promote the harmonious development of the child’s personality and his enjoyment of the rights recognized in the Covenant. However, since it is quite common for the father and mother to be gainfully employed outside the home, reports by States parties should indicate how society, social institutions and the State are discharging their responsibility to assist the family in ensuring the protection of the child. Moreover, in cases where the parents and the family seriously fail in their duties, ill-treat or neglect the child, the State should intervene to restrict parental authority and the child may be separated from his family when circumstances so require. If the marriage is dissolved, steps should be taken, keeping in view the paramount interest of the children, to give them necessary protection and, so far as is possible, to guarantee personal relations with both parents. The Committee considers it useful that reports by States parties should provide information on the special measures of protection adopted to protect children who are abandoned or deprived of their family environment in order to enable them to develop in conditions that most closely resemble those characterizing the family environment.

7. Under article 24, paragraph 2, every child has the right to be registered immediately after birth and to have a name. In the Committee’s opinion, this provision should be interpreted as being closely linked to the provision concerning the right to special measures of protection and it is designed to promote recognition of the child’s legal personality. Providing for the right to have a name is of special importance in the case of children born out of wedlock. The main purpose of the obligation to register children after birth is to reduce the danger of abduction, sale of or traffic in children, or of other types of treatment that are incompatible with the enjoyment of the rights provided for in the Covenant. Reports by States parties should indicate in detail the measures that ensure the immediate registration of children born in their territory.

8. Special attention should also be paid, in the context of the protection to be granted to children, to the right of every child to acquire a nationality, as provided for in article 24, paragraph 3. While the purpose of this provision is to prevent a child from being afforded less protection by society and the State because he is stateless, it does not necessarily make it an obligation for States to give their nationality to every child born in their territory. However, States are required to adopt every appropriate measure, both internally and in cooperation with other States, to ensure that every child has a nationality when he is born. In this connection, no discrimination with regard to the acquisition of nationality should be admissible under internal law as between legitimate children and children born out of wedlock or of stateless parents or based on the nationality status of one or both of the parents. The measures adopted to ensure that children have a nationality should always be referred to in reports by States parties.

 

Truth – Justice – Peace