Lilli Harhash – UAB Institute for Human Rights Blog

Solitary Confinement Amounting to Torture

In the United States, the earliest experiments with solitary confinement began over two centuries ago, during the Enlightenment. Champions of the idea of natural rights, thinkers of the era found that public corporate punishment was incompatible with the development of a free citizen. Instead, silence and solitude would allow prisoners to reflect and that would induce repentance that would drive prisoners to live a more responsible life, making individuals the instrument of their own punishment. However, as the United States’ first silent prisons and penitentiaries were publicized, renowned nineteenth-century thinkers such as Alexis de Tocqueville and Charles Dickens visited these institutions to observe these revolutionary systems. Once intrigued, these icons now condemned these silent prisons as de Tocqueville remarked,

This absolute solitude, if nothing interrupts it, is beyond the strength of man; it destroys the criminal without intermission and without pity; it does not reform, itkills.

As other physicians and experts echoed their concerns, reporting the high risk and evidence of insanity and death of inmates existing in solitude, it gained the attention of the United States Supreme Court which influenced a new philosophy in correctional administration and gradually reduced the regularity of the practice.

This period of relief lasted until prisons began using solitary confinement to segregate more “threatening” and “dangerous” prisoners who were considered a risk to the safety of other prisoners and staff. Then, retribution and deterrence replaced rehabilitation as the professional purpose of corrections. As the U.S. responded by institutionalizing longer sentences, building more prisons, and abolishing parole, the use of solitary confinement rapidly increased with prison growth.

Today, the United States not only incarcerates more people than any other nation, but we also expose more of these people to solitary confinement than any other nation. The United States holds around 100,000 prisoners in solitary confinement typically as punishment, as a tactic to control overcrowded institutions, and as safety from or for the general population.

As individuals, inmates tell us what it is like in solitary confinement. In solitary confinement, your world is a gray concrete box. You may spend around 23 hours a day alone in your cell which are only furnished with a toilet, sink, and bed. When prisoners are escorted out of their cells, they are first placed in restraints through the cuff port and sometimes with additional leg or waist chains and tethered by the hooks on their cuffs to an officer. Prisoners are controlled by bodily restraints, with pervasive and unforgiving round the clock surveillance, and the restricting hallways and cells they exist in. They are lead to solitary exercise each day and a brief shower three times a week then back to their cells. Confined to their own concrete cells, prisoners are both physically and psychologically removed from anyone else. Prisoners depend on officers to bring them anything they may need and are allowed to have such as toilet paper, books, or letters they may receive. Many prisoners relate with dark thoughts that haunt them in isolation. Many become angry and hateful behind compliance.

Where many express anger, they all express a struggle to maintain dignity and a sense of self or humanity. Being alone, prisoners forget how to interact with others. Feeling as though they have nothing to live for in isolation, prisoners may give up on these things. Many interviews describe watching others who were locked in indefinite solitary choosing between giving up by either through suicide or turning into an unfeeling and uncaring creature. Correctional facilities’ workers express their concerns as to why and how they become desensitized through strict policy, regulation, and the specialized emotional stance necessary to interact with these prisoners. Acting as servants for the lives of some bad apples, observing civilized men be reduced to the natural man, and acting in adherence to authority with little voice heard by superiors, this work requires a specialized emotional stance.

Instead of regular and healthy social relationships important to human survival, these prisoners are embedded in a structure that extends itself into them. It enters their mind and sometimes switches off the human inside or sometimes forces it to become violent enough to compete. In this way, it also robs them of self-determination, liberty, and other forms of autonomy.

Image of protesters of solitary confinement holding signs connecting solitary confinement to torture and mental illness. — Felton Davis. 16-11-23 02 Union Square Vigil. Creative Commons for Flickr.

Because the practice of solitary confinement is a global one and brings claims of widespread abuse, the UN special rapporteur presented his report, or evaluation, of solitary confinement. This rapporteur defined prolonged solitary confinement as isolation for more than fifteen days because studies show that the effects of solitary confinement may become irreversible after this point as the rapporteur concluded that solitary confinement can amount to torture or cruel inhuman and degrading treatment.

International and domestic laws prohibit all forms of Racial Discrimination, which address variations in solitary confinement’s demographics, and rights of persons with disabilities which protect individuals with mental, or other, illnesses. They also guarantee the rights of women and children or juveniles, which are especially vulnerable under conditions of solitary confinement or isolation. Both sides address the minimum standards for the treatment of prisoners. More specifically, they address conditions of solitary confinement which always may apply to every individual.

Domestically, the Eighth Amendment reveals how the United States Constitution addresses Solitary Confinement. The Eighth Amendment prohibits the government from inflicting “cruel or unusual punishment” on someone convicted of a crime. This allows these prisoners to challenge their conditions while in custody and the actions of prison officials. To do this, prisoners must first show that the challenged condition is “sufficiently serious” and that prison officials acted with deliberate indifference to the condition. Close observation of court decisions reveals that there is no organized methodology to determine what makes a condition “sufficiently serious”. This decision is made in each case by the personal standards of judges. The judge may question why the prisoner was placed there; however, the Supreme Court has not made a ruling whether intent should play a part in this evaluation. Courts disagree whether it should matter why the individual was placed in solitary confinement. Also, the Amendment did not answer when a prison condition is punishment or not. The debate remains whether the effect of the conditions on the prisoner or the intent of officials makes them punishment. In court, Eighth Amendment analysis hinges on the motivations of state actors and prison officials it is supposed to act as a check against. The conditions of the Eighth Amendment fail to protect prisoners from inhumane treatment through the scope of prison officials’ intent and judges’ objective analysis.

The ICCPR is international law that prohibits torture or cruel, inhuman or degrading treatment or punishment. It later states that people deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of a person and the treatment approach for prisoners should be aimed at efficiently improving their reformation and social rehabilitation.

In 2015, the United Nations General Assembly adopted the Mandela Rules that prohibited restrictions and disciplinary sanctions that could amount to torture or cruel and degrading treatment or punishment, such as Indefinite Solitary Confinement, Prolonged solitary confinement, or to place a prisoner in a dark or constantly lit cell. It defined solitary confinement of prisoners for 22 hours or more a day without meaningful human contact and prolonged solitary confinement for any time period over fifteen days. It states that solitary confinement should only be used as a last case resort for the shortest time possible and given due process to each case. Finally, it paid special attention to protect prisoners with disabilities which may be magnified, and especially vulnerable women and children from solitary confinement.

Through these treaties and agreements, States do not only assume obligations internationally but to their own people as well. Just like our own constitution, these international laws were agreed to and are legally binding to regulate the conduct of states with their citizens. However, without international forces to enforce and regulate these agreements, states may ignore or lose sight of their importance.

Despite these resolutions, Domestic laws are vague so that it is doubtful they meet minimum requirements regarding the ones set by human rights instruments. This creates debate and little guarantees in the legal system. They also undermine fundamental guarantees of due process, are applied randomly, and do not protect the prisoners’ rights.

Today tens of thousands of humans remain alone in concrete boxes in the United States. This report concludes that their conditions are emotionally, physically, and psychologically destructive. They are destructive because it robs us of many things that makes life human and bearable like stimulus through social interaction and interaction with the natural world. Under total control and out of the public eye, people may be subjected to incredible human rights violations. By allowing our government to ignore these people, we are accepting this indifference towards others under its care. By ignoring their human rights, in this way, we diminish our own.

Thoughts on Homelessness in Birmingham

Image of shelter made of cardboard boxes. — David Hilgart. Home. Creative Commons for Flickr.

During the winter break, I spent a lot of time in Birmingham, staying with my sister and with friends, far away from my farm and home in Columbiana. Our farm is more like an animal rescue or sanctuary that does not generate much income but enough to accommodate. Besides hundreds of animals being surrendered or abandoned, we have even had strays walk up our driveway. Our goat, Fred, was the first I remember as we were in disbelief that a goat was just walking the streets and checking out the very sparse neighborhood, curiously coming up to us with some twine wrapped around his neck. For Fred and everyone to follow, my parents and family members have never refused taking in, rehabilitating, or rehoming an animal in need, so maybe that’s why it was so much more obvious of how much worse the picture I have seen in Birmingham is, or what this article is about. In Birmingham, it is people living in the streets witnessed by a city full of people. Walking through five points and down 20th, there is so much evidence and example of homelessness. Passerby witness but rarely realize that they are seeing many at their most vulnerable or the harsh, daily routine.

Image of street and tunnel wall lined with bags and boxes and evidence of someone's home — Chris Yarzab. Creative Commons for Flickr.

Responsibility of the State

People experiencing homelessness face violations of many human rights, such as inaccessibility to safe and secure housing, an inadequate standard of living, education, liberty and security of the person, privacy, social security, freedom from discrimination, voting, and more which are interconnected. These human rights are protected by several international human rights treaties. The International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Rights of the Child (CRC), which bind the state to legal and moral obligations in realizing and protecting the rights of all people. Also, the right to housing recognized by international human rights law doesn’t just mean a right to shelter. It must be adequate and accessible. Battling and overcoming homelessness is not a task of charity as much as an act of justice. Our Public policy and structures should facilitate or lead to a dignified life in the United States. As one of the wealthiest nations in the world, we should figure out how to shelter or house those who are homeless.

No one is asking what happened to all the homeless. No one cares, because it’s easier to get on the subway and not be accosted.- Richard Linklater

More recently, I saw many cops parked in the middle of five points as they held up traffic to address some of the people I have seen more statically living there, which brought up the thought of criminalization of homelessness and left me wondering if those cops offer rides to shelters before the ride to a cell.

A look at more vulnerable populations

The most visible type of homelessness is what we see when we walk through Birmingham: people living on the streets or sleeping in the parks or street tunnels. However, more move between shelters and temporary homing maybe with their friends or relatives and more long-term shelter where their experience may not be included in the conversation of homeless persons.

Within 2018 records reported by Continuums of Care to the U.S. Department of Housing and Urban Development, there were almost 3,500 people homeless on a given night (280 were family households, 339 were Veterans, 158 were unaccompanied young adults (aged 18-24), and 540 were individuals experiencing chronic homelessness). Over 900 of those were concentrated in the Birmingham area. Over the year, there were 14,112 students who faced homelessness in Alabama.

A large portion of the homeless population is affected by mental illness. People with mental illness or other disabilities may face social isolation and may face chronic homelessness. Such individuals may require special types of accommodation or support that may be an obstacle to rehabilitation. Health issues may cause a person’s homelessness as well as they may be intensified by the experience where poverty and lack of access to care contribute to disparities in health. Another thing to think about is when someone handicapped by a disability loses their parents or caretaker, who will take care of them or will they find tools to live? They could become homeless.

Through the lingering effects of systematic denial of equal rights and opportunities, African American are particularly overrepresented in this system facing a higher risk of poverty, housing discrimination, and incarceration than White Americans

Indigenous people face greater social and economic disadvantage such as lower levels of education or higher levels of unemployment which contribute to higher levels of homelessness in their communities

Women may make up a big portion of those forced to leave their homes fleeing domestic violence or sexual assault. Homeless women may become more isolated for fear of violence, rape, or other abuse. Further, a woman may be separated from her children if she is unable to care for them which challenges her parental rights.

Children and young people are disproportionately affected by homelessness. I have known many classmates and friends who have been homeless as they pursue their education at UAB. Also, Covenant House proclaims that every year, more than 2 million kids in America will face a period of homelessness (The link provides more enlightening and harder-to-swallow statistics). Youth like those emancipated from the foster care system may not have another option. In addition to general human rights laws, children are protected under special rights, like those afforded in the Covenant on the Rights of a Child which describes a higher standard of living and right to protection against neglect, cruelty, exploitation, etc.

Untreated depression and mental illness, self-medication and addiction, childhood trauma and chronic PTSD, abuse and any circumstance that may lead one to homelessness may also create a loop to imprison them. For example, where abstinence is a prerequisite or requirement for homelessness assistance programs, one may not receive help unless they quit, but one cannot quit without relief.

Image of person sitting on roadside — Pedro Ribeiro Simões. Creative Commons for Flickr.

A veteran should not have to stand on the asphalt with a cardboard sign begging for a living in a nation they helped secure and people should not be in the position to be turned down asking for food that was about to be thrown out. In fact, everyone has made contributions and continues to contribute to their society. Homelessness includes people who have paid or pay taxes and those who are paid less than a living wage. It includes people of all labels fleeing abusive conditions or facing escalating housing and living costs. It includes parents and it includes their children who have not had a chance. It also includes all students who are trying to pursue an education to hopefully get a job that will afford them housing. Besides all these achievements, many, including those facing chronic homelessness have endured full lives and have witnessed different forms of trauma. Still, they have survived the circumstances of homelessness, maintaining their humanity and resilience and- intentionally or unintentionally- being that example for others.

Also, keep in mind that going from place to place and not knowing what to do or where you will end up could understandably create a lot of pain and anger. Desperation or frustration may be harder to deal with. Being homeless could even make you apprehensive of ownership or pursuing certain routes that could be encouraged. However, everyone should be afforded options and certain securities.

10 Strategies to End Chronic Homelessness posted by the United States Interagency Council on Homelessness:

https://www.usich.gov/tools-for-action/10-strategies-to-end-chronic-homelessness

More immediate examples for anyone to help everyday

If it’s raining or about to, offer the warmth and privacy of an umbrella.

Offer to pay for an uber ride to a nearby shelter as some cannot walk to or have no means of transportation to one.

If you are not comfortable lending cash, you may offer supplies. You could keep these care bags of everyday products, essentials (maybe small shower things you could find in the travel section, gloves, hats, etc), or resources to offer or pass out at crowded shelters.

Invite others to the restaurant you are on your way to and share a meal if they are up for it. The conversation may also allow you to understand, accept, or appreciate their life and vice-versa. Once, a man I invited to eat with me on campus (in an environment where I felt safe enough to) proclaimed his version of Islamophobia (as that was the summation of a popular sentiment in America, especially during those Trump Campaign days) as he explicitly said he didn’t like Muslims when I revealed that of my identity. But it turns out, I was the first Muslim he had personally interacted with and realized he liked before the word “Muslim” exited my mouth. That could happen with anyone of course and homeless (or only hungry in this case) people are not to be “enlightened” and should not be expected to praise our deed, but the conversation and gesture can open this opportunity

Additional Resources:

Federal Links Relevant to homelessness:

https://www.hhs.gov/programs/social-services/homelessness/resources/federal-links/index.html

An Argument for Decriminalizing Sex Work

Abstract of a red light — Abstract at a Red Light. James Loesch. Creative Commons for Flickr.

Different human rights groups support or have called for the decriminalization of sex work. Some of which include Amnesty International, World Health Organization, UNAIDS, International Labour Organization, the Global Alliance Against Trafficking in Women, the Global Network of Sex Work Projects, the Global Commission on HIV and the Law, Human Rights Watch, the Open Society Foundations, and Anti-Slavery International.

Picking on one, the Human Rights Watch supports the full decriminalization of consensual adult sex work in support and defense of human rights relating to personal autonomy and privacy as, “A government should not be telling consenting adults whom they can have sexual relations with and on what terms.” Joining 61 other organizations, they recently advocated for a bill that would decriminalize sex work in Washington, DC. This Community Safety and Health Amendment Act intends to repeal statutes that criminalize adults who voluntarily and consensually engage in sexual exchange, while it upholds and defends the legislature which prohibits sex trafficking. The HRW affirms that adult consensual sexual activity may be covered by the concept of privacy, rejecting the idea that criminalization was a protective measure against HIV and STIs, and conveying that it was more likely to drive a vulnerable population underground.

However, the demands of these organizations and supporters of sex workers have surfaced controversy around sexuality, health, economics, and morality. Often the idea of sex work may be tied to or conflated with sex trafficking, child sex abuse, and rape. Open Society Foundation simply defines sex workers as “adults who receive money or goods in exchange for consensual sexual services or erotic performances, either regularly or occasionally.” Sex work encompasses a wide range of professions and activities which include the trade of some form of sexual activity, performance, or service for a client to a number of fans for some kind of payment (including prostitution, pornography, stripping, and other forms of commercial sex). It is clearly separated from those services that utilize “the threat or use of force, abduction, deception, or other forms of coercion for the purpose of exploitation”. Decriminalizing sex work would call for the “removal of criminal and administrative penalties that apply specifically to sex work, creating an enabling environment for sex workers’ health and safety.” Amnesty International expands on these definitions in this report.

Many members of society view sex work as immoral or degrading to women, arguing that sex work is inherently exploitative of women, even if these workers find it profitable or empowering- even simply as the power to creatively express one’s sexuality. When we think of sex workers, we tend to assume they were forced into it or assume a desperate narrative with no other options. Then, maybe, we judge their appearance while tying it to their worth or a fantasized idea of sex workers opposed to the ordinariness we associate with other professions and community members. A simple argument says that, like any profession, there are extremely different motivations to pursue these professions and, in the end, it’s a job or choice of work with its own pros and cons for each lifestyle (affording many lifestyles). Also, anyone and any personality can be a sex worker.

People enter and remain in this work for a multitude of reasons creating each individual experience of sex work; however, many face the same response and abuse in the workplace or trade. Owning to the stigma associated with the profession, not many can come out and say they are a sex worker. They must fight to be recognized beyond the stigma or continue to repress or hide their daily lives from their community or society. Sex workers report extreme violence and harassment from clients, managers, police and society and even more cannot report these violences, facing incrimination or even incarceration. Ironically, laws on sex work undermine governments’ own efforts to reduce high rates of violence against women and reduce rates of HIV infection in sex worker populations.

Repressive policing not only further marginalizes sex workers as a whole, but it also reinforces what it promises to remove as it exposes sex workers to different abuses and exploitation by police or law enforcement officials who may arrest, harass, physically or verbally abuse, extort bribes and sexual services, or deny protection to sex workers avoiding the eyes of the law. Some sex work may be illegal because it is viewed as immoral and degrading, but people governed by these laws do not share the same moral beliefs. As police fail to act on sex workers’ reports of crimes, or blame and arrest sex workers themselves, offenders may operate with impunity while sex workers are discouraged from reporting to the police in the future. Then there is the financial toll of criminalization as repeating fines or arrests push some further into poverty. People may be forced to keep selling sex as potential employers will not hire those with a criminal record. Also, if the need for money found some sex workers in the streets, how will fines deter the work?

The work entails forming relationships with a wide range of clients at different levels of intimacy. Unfortunately, sex work offers comfort to predators, or those who mean harm, who also understand and exploit the workers paralleling relationship with police. Working in isolation, workers’ lives are threatened as they avoid the police and are denied these protections in their workplace and, off the hook, predators continue to harm more even those outside of the sex trade. Facing arrest or prosecution themselves, any client may protect themselves from blocked numbers leaving workers in the dark with no evidence of whom they are dealing with, surrendering that safety. Some laws advocate helping sex workers by removing the option of work as it criminalizes only those who buy sex. Now, to incentivize clients and income, workers may be forced to drop prices, offer more risky services, or reach out to potentially abusive third-party management.

Woman holding poster reaing "Sex Workers Demand Safe Spaces" — Sex Workers Demand Safe Spaces. Fibonacci Blue. Creative Commons for Flckr.

Decriminalizing and regulating the work of sex workers would allow them the right to choose their clients and negotiating power or power to cease the service when they feel uncomfortable or unsafe. Criminalization, or the threat of it, complicates and weakens workers’ power to negotiate terms with their clients or collaborate with others for safety. So, for example, it may increase the chance for workers to engage in sex with clients without a condom (which may be used as evidence of the crime). Although variable in different contexts, in low and middle-income countries on average, sex workers are 13 times more at risk of HIV, compared to women of reproductive age (age 15 to 49), so their ability to negotiate condom use is important.

According to a study led by the London School of Hygiene & Tropical Medicine and published by the American Association for the Advancement of Science, sex workers who had been exposed to repressive policing had a three times higher chance of experiencing sexual or physical violence by anyone, including clients and partners. They were also twice as likely to have Sexual Transmitted Infections than those who avoided repressive policing.

In order to be protected from exploitation by third party managers and dangerous clients, to be informed on sexual transmitted infection and other health concerns or vulnerabilities, to be able to unionize and self-manage, and to be able to reach out to law enforcement, sex work should be regulated by the same occupational safety and health regulations that benefit workers in other labor industries. Dedicated efforts must consider the elevated or unique risks, vulnerabilities, and intersectional stigmas surrounding different sex workers, including men, transgender, and other gender identities and portions to improve health outcomes and human rights. Wider political actions are needed to address inequalities, stigma, and exclusion or marginalization that sex workers face even past the criminal justice system to health, housing, employment, education, domestic abuses, etc.

We are faced with opposing or contradictory narratives of the sex work experience, but we have chosen some to represent the entire concept especially those tailored to our own feelings of sex and commerce without concern or consideration of those even more immediately affected. The conversation of sex work needs to open up to understand and share the message to all that the labor itself is the commodity, not the laborer and it requires workers more considerate rights and regulations. If sex work is legally accepted with due rights and respect, it can become something that benefits- even especially vulnerable or marginalized- women and humanity.

“What sex workers need is not condescension and invasion into their private lives, but support in achieving decent working conditions.”

Additional Sources:

Open Society Foundations

Vox

Understanding Identity Politics in the MENA Region

Large crowd of people — Multitud // Crowd. Guzmán Lozano. Source: Creative Commons for Flickr.

When some ask me where I’m from, and “here” does not suffice, I do not say that I am Arab; I say that I am from Jerusalem. “Arab” is sometimes a bad word or foreign enemy that comes between me and this person, whereas “Jerusalem” is something they can relate to or has not been claimed by the same narrative. They both mean the same to me, but “Arab” carries an antagonistic or uneasy connotation into new relationships- where I want others to be open to understand me as an individual first and then have that built into their perspective or definition of an Arab. Societies provide advantages to certain identities and disadvantages to others prompting me to pick and choose in my immediate surroundings and context.

Identity can be wielded as a powerful and dangerous tool. It can be used as a guide when you are lost by giving you something to grab on with a purpose or goal to strive for and increase your self-esteem, confidence, and certainty while reducing stress or anxiety. When an identity is represented in our immediate context, people use it to understand, relate and form alliances or organize (politically) to defend their interests as a group. Further, I may assume one identity in its defense declaring my right to speak about it and for it, even if I am not especially informed on the way it has formed in the international world.

Being an Arab-American in times where Arabs and Americans are so polarized here, I realize I do not fully identify with or understand either side. However, even though I’m trying to develop my own platform, as a link, I am expected to speak on behalf of the “other.” In this position, I feel like a mediator or spokesperson, responsible for debunking an Aggressive Arab nature or a hateful and ethnocentric American nature, while facing hostility, collective suspicion, and surveillance. Sometimes I am claimed and others I am rejected by each of these groups.

Every day I face realities that disconnect me from each group. An intimate one is my relationship with my white family. Before I blocked them, I would log into Facebook to find explicitly anti-Muslim or extreme Zionist articles that family members posted on my timeline. Still, my family is so loving in person, not wanting to face actual truths that weaken their own identity. They claim me as family, but then connect me to this identity that is so ignorantly represented and antagonized- the same way I imagine sectarian conflict separating MENA identities such as the Shia and Sunni Ummah.

Recently, in my class which is focusing on terrorism, someone told a story of how she became friends with her Muslim employer and that “no, they’re not all terrorists,” but just like the rest of us. Through the entire story, she looked and gestured at me, seemingly sharing consolation or seeking approval. Even though I did appreciate her good intentions, in the moment I was separated from the rest of my classmates, marked as other, and given the permission to approve her response to so many. Oddly, we demand recognition for ostracized groups in the same ways it’s been denied. Through identity politics, we demand respect for oneself as other or different.

Eventually, I realize as much as this position is a burden, it is also a great privilege. In the MENA region, most identify as “Arab” or “Muslim.” They faced similar histories and events and believe in a common text, so no one’s claim is as unique, distinct, or loud as mine is in an American backdrop. As an Arab or Muslim overseas, voices are muffled in with the rest of the people sharing your identity. Here, as many people there are that hate or fear me because of my foreign identity, others want to hear from me. I get to add to their definition of what these identities entail like what it means to be a Muslim, imposing my own narrative on the group.

I am also privileged to live in a country where its democratic policy- whether it has been fully realized or not- holds citizens from different backgrounds to bring their perspectives and issues to build from; not a country where an authoritarian figure or identity imposes their own opinion of what policy should be. Depending on the context, sometimes an identity victimizes me and sometimes it empowers me.

Growing up, my identity was not represented on SAT, ACT, or many other censuses. I usually had to check the “white” box even though I have learned to be proud of different aspects, tribulations, or stories of my heritage. I want to represent my ethnicity in the American success story.

The argument for the inclusion of more races or the option to select multiple races represents what power minorities have to demand better recognition from the government. MENA region forms a greater narrative about the act of reporting identity. Groups were put under the rule of another identity and their own was denied which led to cultural suppression and persecution. Eventually, these groups that have been historically ignored or harmed demand the right to be protected.

Taking on a group identity gives us a sense of belonging and affirmation from other members. We may feel that we are part of something bigger, not insignificant, alone, or unheard. Committing or dedicating yourself to other members’ rights and responsibilities they expect from you grants purpose or direction. Your problems are group problems and your voice is supported and amplified to fight the threat together. You can split responsibilities or blame and there is more guidance and reinforcement to relieve you. However, to switch from an individual focus to a group focus, you may have to take on and accept values or beliefs you do not particularly agree with, adopting self-stereotypes or assimilating to the dominant, and sometimes blinded, discourse.

People of the MENA region faced a long history of sectarian violence that disabled unity which could effectively challenge or transform governments. Instead, it broke them apart, silencing their voice and in some cases making them dependent on foreign voices or aid. When the united Ottoman Empire was dissolved, colonizers split the area and its people while autonomous religious and cultural groups were also divided to reduce their power or say, in governance. Pause to imagine if it was possible to make America and an Arab middle-eastern state one state. Justified by the need for organization or governance of these diverse and divided citizens, ruling powers, even foreign, muted civil activity and imposed their way of life or opinions of policy on others. So divided, lacking an integrative identity, leaders and powerful figures or politicians may grab or monopolize resources and rights for their smaller groups crating a zero-sum competition. Sectarian polity in these areas was inflamed and harsher scrutiny or repression excluded many even in the case of a revolution. Personal and factional needs overwhelmed the sense of a common identity and instead of standing together, people joined opposing organizations to represent them. When an identity splinters, others need to be reinforced. Because, on your own, you are more easily erased.

Identity politics can urge mobilization around one identity or one aspect of your makeup, and you are pressured to take that as your defining feature even though you cannot be represented so reductively. To become a more impenetrable united force, the individual is integrated by assimilating dominant norms. Sometimes your identity’s label separates you more than your issue position. We may have the same values as someone but will never know because we are unwilling to socialize with outsiders and challenge this group or ideology that we have devoted ourselves to. When identities meet politics that have greater or long-term consequences, these divisions weaken our ability to form policies based on expected outcomes or truth-seeking. It’s more triggered by the “us” vs “them” battle.

Military stands before crowd — Operation Enduring Freedom. ResoluteSupportMedia. Creative Commons for Flickr.

Politics exploit these feelings to rally funding, resources, or a larger audience to win different supports. Then others grab onto these resource-rich identities. For example, anyone under the claim of a religious organization may win the support of foreign clergies who supply them with food or protections. Then, the leaders of these organizations win the support of desperate or oppressed populations.

In MENA, a religious identity also provides guidance for apolitical peoples searching for an ideology within which to frame their suffering or experience. It promotes faith and offers solace for ones suffering or oppressed with a promise of a bigger purpose. Religious groups mourn a supposedly more ethical past and presume religious instructions to return to this society. People’s fears, resentments, faith, and suffering can be exploited by power under religious identities. This becomes even more dangerous if people cling to these collective truths so desperately.

We are faced with very complex decisions and circumstances. It would be too hard to weigh all the options and make decisions without these prior ideas or instructions on what we should do. However, you can get too tied up in your responsibilities or devotion to these identities. While identities can connect us and give our insecurities a stronger voice or support, they can also polarize groups or exploited by power-hungry mobilizers. These labels may effectively imprison you or constrain what you in what you allow yourself to explore or believe. Something intended for inclusion may trap you in estranging conflict.

The Conflict in Yemen and Trajectories for Peace: Recap

Street photography of Yemen stone alley and buildings — Yemen. Source: Rod Waddington, Creative Commons for Flickr.

Fatima Abo Alasrar, a nonresident scholar at the Middle East Institute and former senior analyst at the Arabia Foundation, joined us on Thursday, Sept. 26, 2019 to shed some light on the crisis in Yemen and advocate a new social contract regarding Yemen as the war has evolved from a local insurrection into an international effort that has exposed greater vulnerabilities of the country, weakened the central government, and emboldened foreign threats to Yemen.

Before the country appointed a president, the Zaydis, an Islamic sect, were dominant in Yemen where they resided for thousands of years. Its Imams controlled the north of Yemen, as the theocratic Yemen Arab Republic, as the south slowly turned into the People’s Democratic Republic of Yemen. When the president in the north, Ali Abdullah Saleh and his regime proposed to unite the north and south under one government, unification was not based on democratic principles, but on state, rhetoric-accentuated polarization and identity politics. For northerners, the war ended succession, but the southerners grieved as they became second-class citizens who were exploited under occupation. Meanwhile, the Houthi Movement organized Zaydi-Shia fighters against underdevelopment and political marginalization as they protested the dilution of Zaydi influence and identity. Inequality built resentment among civilians and some of the dissatisfied joined extremist groups or protest as people lost faith in the state. As more states and non-state actors got involved and introduced differing political and ideological orientations and promoted their interests, efforts deepened sectarian divides.

Saudi Arabia continued to assist the government against the Houthi rebels, especially motivated by their Shiite rival, Iran who supported the Houthi insurgency; however, Ms. AlAsrar revealed Saudi shortcomings in the military’s lack of warfare experience, increase in spending, and media coverage criticizing domestic failures. She explained that Saudi Arabia has only aggravated this already dire humanitarian crisis and now faces ramifications. She urged, instead of encouraging Saudi intervention, international attention should shift focus.

AlAsrar stressed Iranian intervention and influence in Houthi insurgency -evident as the group’s propaganda and style mirrors the others’- where Houthis considered themselves proud members of the Iran-led Axis of Resistance alliance (resisting the West and Israel). The Houthis act as Iran’s proxy to advance their goals in Yemen just as the Iranians act as Houthis’ proxy to get power in their own political agenda and this relationship has only festered.

Group holding sign Reading "STOP US SAUDI WAR CRIMES IN YEMEN" — Felton Davis. Creative Commons for Flickr.

The US is complicit in war crimes as it supports Saudi Arabia, a major ally, who is threatened by Western antagonizers including Iran and Houthi rebels in the counter-terrorism narrative. This alliance has clouded Americans’ knowledge of Yemeni objectives and continues to kill, repress, and threaten civilians. Now all players may use the counter-terrorism narrative to attract the international community, which is not as informed and interested in the domestic conflict consuming Yemen.

Radicalized and terrorist groups concentrate and compete for the spotlight and the conflict has amplified as it is linked to the war on terror for international attention. Al-Qaeda is such a group who has acted as a gang for hire in the Yemen conflict. The intervention of regional powers also threatens to draw Yemen further into the broader Sunni-Shia divide. Iran exploited the conflict to increase its influence in the region becoming the most beneficiary actor for its relatively low cost. Whereas, U.S. backed Saudi Arabia suffers reputational damage which is creating more friction.

All sides of the conflict have been accused of violations of international humanitarian law and organization which are pushing Yemeni civilians out. AlAsrar questions whether the UN can hold the Houthis accountable for their end of the bargain. The UN’s plan for Yemen has been shaped in Houthi favor, “confident in their power of destruction,” accepting Houthi demands and encouraging their extraction of concessions so the deal does not collapse. The desire to keep the Houthi involved in the peace process has only legitimized a violent non-state actor.

Children standing over ruins in Yemen. — 343 Searching Through Ruins. Felton Davis. Creative Commons for Flickr.

The speaker’s concern was in the international community’s engagement regarding the conflict in Yemen, misguided, misinformed, and disconnected narrative on which international actors base their policies. Political engagement continues to be overshadowed by limited propaganda and media coverage of the war.

AlAsrar elaborated with frustration concerning the overwhelming use of the humanitarian narrative to explain the conflict in Yemen. A lot of humanitarian work is fast-paced and reaches for an emotional narrative. There is a lack of comprehensive policy instruments when the audience sees humanitarian assistance as the primary tool. International humanitarian organization has hijacked the voices of the local civil society to provide immediate relief which cannot speak for the broader political factors that have created and perpetuated the crisis.

Other regional governments have interceded to pursue and protect their own interests, but the root of the Yemeni conflict was a domestic one. These foreign powers may encourage their partners to engage in a political process for peace but have instead overshadowed the conflict in Yemen which was driven by concerns in sectarian marginalization, economic underdevelopment, and displeasure at governmental political distraction in cooperation with foreign powers, the United States and Saudi Arabia. In response, AlAsrar’s narrative encourages broader education and analysis on the different motivations, perspectives, and grievances of each actor to establish a more comprehensive and consistent strategy and policy to deal with the exasperated and dire Yemen Conflict.

Rehabilitating Cubs of the Caliphate and Child Soldiers in the MENA region

The rise of modern extremist groups has drawn new attention to child soldiers, triggering compassion and outrage. Besides the tactical advantage – where children are more capable of getting close to their targets – children are weaponized and featured in propaganda, even as suicide bombers or executioners, to attract media for the political advantage and attention, while others hang onto the group, maybe seeking refuge, while working as auxiliaries (cooks, messengers, porters, brides, stationed guards, etc.) in desperation. So malleable and vulnerable growing up in worlds hostile to childhood, child soldiers are collateral damage of warfare, used as tools, sacrifices, or targets.

To better protect children from this exploitation, International Humanitarian Law (IHL), Convention on the Rights of a Child, the Fourth Geneva Convention, and a statute of the International Criminal Court all set the International Stage prohibiting the recruitment and use of children in hostilities, banning voluntary enlistment, and considering these actions as war crimes. In 2002, the UN General Assembly’s Optional Protocol on the Involvement of Children in Armed Conflict (OPAC) entered into force as the world’s first international treaty focused on ending the military exploitation of children, protecting anyone under 18 from recruitment and conscription in conflict. Seventeen years since, 166 countries have ratified it (21 generated by the Zero under 18 Campaign of 2010). However, the UN Security Council Resolution 1612 responsible for monitoring and reporting compliance, realizes enforcement is difficult especially because most violations are made in the name of non-state actors (those who are wholly or partly independent from state government).

In the MENA (Middle East and North Africa) region, many sides of ongoing conflicts have been documented or accused of using child soldiers for these reasons. However, the Islamic State – as ISIS or ISIL – is of the most notorious for its exceptional number of children enlisted for military engagement and for the distinct role its “Cubs” play in the international narrative. ISIS has bred “Cubs of the Caliphate” as a unique form of resilience by combining intense physical training with ideological and psychological indoctrination to advance the organization’s current and transgenerational aims- meaning that enlisting children allows the Islamic State to outlast territorial defeat and ensure its survival through these new generations. Since these children are seen as the future of IS, education and propaganda are essential to indoctrination.

The recruitment process of child soldiers involves the selection of a recruit, gaining different accesses, developing emotional trust, and ideological development. In efforts to gain powerful or intimate access to a child and avoid detection or resistance, recruiters may charm or manipulate them into physical and psychological isolation especially away from their parents or community exploiting familial and psychological vulnerability (neglectful or abusive conditions, suppression as members of minorities or other discriminated groups, orphaned children, poverty, etc.) while offering aid, resources, or promises of hope or retribution they have been deprived of. In ISIS-held territories, recruiters can act with impunity, with public access through different media channels or local gatherings. Children may join voluntarily, following their peers, dedicated to revenge, and for income, resources, security, or basic needs these organizations provide to orphans or children living in poverty or war-like conditions. Some children may have encouraged or pressured by their parents and family members who support or trust in the organization’s mission, for the religious promise of martyrdom, or in search of other securities. While other children are sold to militias. For example, in 2009 outside of MENA, the leader of the Tehri-e-Taliban Pakistan was reported to be buying children from 7 to 16 to serve as suicide bombers for prices between 7,000 and 14,000 USD in a nation where the per capita income was 2,600 USD per year. Further, in some of the region, Taliban leaders would demand money from families in return for protection and if they could not pay this amount, the group demanded a child recruit for the movement.

Children growing up in ISIS or similarly occupied territories in a crisis-struck region may be exposed, accustomed, or desensitized to images of violence and torture. They may have grown up in areas subject to various forms of violence, which have resulted in loss or trauma, that become observed facts of life. Many grow through an atmosphere saturated with antagonistic rhetoric where complex and dynamic conflicts are simplified into “Us or Them.” The environment may promote a justice system that deems violence acceptable and necessary in enforcing social rules and norms or resolving conflict. Additionally, the youth bulge in the MENA region has created economic and educational challenges that may promote the extremist narrative. Many developed in a world hostile to childhood with conditions that persecute innocence and youth. Hanging on to these organizations provides a sense of purpose, responsibility, or camaraderie for these children. Family and community who typically teach and convince children to value and respect human life (including their own), social responsibility, and ethics of society are replaced by more radical political organizations. Once enlisted, training is designed to ensure compliance by degrading or breaking down the individuality of soldiers to assemble them into a group (identity) that does not question orders. Forcing children to commit atrocities against their own family or communities not only causes the psychological break essential to attach them to this new entity, but it also stigmatizes the child, cutting off any exit from the militia.

“We were the ‘cleaners’ group. Cleaning means slitting the throats of those who belong to the other side and are hiding,” says a Syrian child who joined ISIL when he was 14, “A guy from my area was decapitated by [ISIL] because of me. People had their hands chopped off because of me.”

The Human Rights Watch reports that the rise of violent extremist groups in the MENA region marks an increase in the detention and prosecution of children as countries have adopted more aggressive counterterrorism measures. In this tense and antagonistic climate, with a whisper of “ISIS,” a child may be arrested if there is any suspicion or fingers pointing to their connection with these organizations or their members (who may have once been locals, friends, neighbors, or family). Children who have been arrested have described abuses and forms of torture interrogators use to elicit a confession.

“My confession says that I joined ISIS for sixteen days, but actually, I didn’t join at all. I said sixteen days to stop the torture.”

The Special Representative of the Secretary-General for Children and Armed Conflict to the General Assembly urged Member States to treat children accused of actual or alleged association with parties to conflict primarily as victims and reiterated that detention should only be used as a measure of last resort and for the shortest possible time.

No doubt, many have committed atrocities that can be prosecuted under international law. However, punitive justice will only mimic the trauma, oppression, or distrust that the restorative process will have to undo. Dealing with a high prevalence of PTSD, depressive disorders, anxiety disorders, and physical ailments, children are pushed further into social isolation as they retain and relive the worst moments of their experience. So isolated through exposure to different levels of violence, they should not be further ostracized. They should be able to realize that they are victims of conflict. Psychological work must break the cycle of persecution and re-instill bits of humanity while nurturing future visions that have been stripped from these individuals. Some zones make children hyper-aware or fearing that their life was perpetually in danger. Sensitive programs and social workers will have to foster a sense of security or protection that the allegiance to a powerful organization or weapons once provided. Child-specific programs will have to consider the range of adversities confronted or of emotional distress experienced, along with local and cultural ways of coping with tragedy.

Because of their unique psychological and moral development, rehabilitation and reintegration must foster the health, respect, and dignity of these children. It must understand the different sense of morality developed; the difficulties of the child who has broken links with their family, community, or self; and the active involvement and recognition of the interests of the victim (child and community) in the resolution. They will realize that those who did not join or support ISIS (or other enemies) were also affected by conflict and need (and will expect) equal access to certain resources- like access to education and healthcare, but especially the running water and meals- that reintegration centers or programs might provide. This unequal access to resources may further marginalize these child soldiers. A greater focus should be made on efforts to trace liability up the chain of command and prosecute those who enlist children, so superiors are less incentivized to use them for the worst violations and war crimes.

Reintegrating former child soldiers into society is a long-term process, which requires commitment at the local and international levels. This demographic, these children, will grow as the future of the region and international body. Therefore, it is an international challenge to realize and coordinate supports and resources available, while encouraging measures to control sub-regional and cross-border activities harmful to children like deployment and protection of child-protection officers and advisers entering into conflict to reach the most vulnerable and restricting aid or support to organizations or government-backed militias who recruit and use child soldiers to engage in combat. Further, the international narrative on child soldiers must demand collective responsibility for the child’s fate along with the community’s awareness and sensitization of the experience the child lived as a member of these militias. If former child soldiers do not have access to rehabilitation programs to help them locate their families, receive education and different training to be fostered or introduced into civilian life, or realize any way to support themselves, they are at risk of re-recruitment. Threatening a new generation of terror, the protection of children in armed conflict should be regarded as an important aspect of any comprehensive strategy to resolve conflict. Asserted by the United Nations Special Representative for Children and Armed Conflict: We cannot afford to lose children, the future of nations, once they are released.

Additional reading:

https://www.iiss.org/publications/armed-conflict-survey/2018/armed-conflict-survey-2018/acs2018-03-essay-3

https://pdfs.semanticscholar.org/377e/77db7ac8a7b88d8fdaa49a97cd8e380ead48.pdf

https://www.aljazeera.com/indepth/features/2017/11/cubs-lions-isil-child-soldiers-171109125013897.html