People's Stories Justice


Global efforts needed to free detained children
by Manfred Nowak
NGO Panel for the Global Study on Children Deprived of Liberty
 
Oct. 2019
 
A new global study on children deprived of their liberty should prompt United Nations member countries to take steps to dramatically decrease the number of children detained and confined a group of 170 non-governmental organizations said today.
 
Manfred Nowak, a UN independent expert, will present the UN Global Study on Children Deprived of Liberty to the UN General Assembly in New York on October 8, 2019. He found that approximately 1.5 million children are deprived of their liberty each year.
 
“Children are often detained illegally, unnecessarily, and at great cost to their health and future,” said Alex Kamarotos, director of Defence for Children International and co-chair of the NGO Panel for the Global Study on Children Deprived of Liberty.
 
“The Global Study should prompt every country to adopt new policies and practices to dramatically decrease the number of children who are locked up.”
 
The study examined the situation of children – anyone under age 18 – detained in the administration of justice, in immigration detention, in orphanages and other institutions, living in prison with their caregivers, and detained in the context of armed conflict and national security. The Global Study’s estimate of at least 1.5 million children deprived of liberty is most likely a substantial undercount, due to uneven data collection and reporting.
 
Some of the Study’s key findings:
 
• At least 410,000 children are held every year in jails and prisons, where violence is “endemic.” Many are charged with “status offenses” that are not criminal offenses for adults, including truancy, disobedience, and underage drinking;
 
• Although UN experts have concluded that detention of children for migration-related reasons can never be in the best interests of a child, at least 330,000 children in 77 countries are held in immigration detention each year;
 
• While between 430,000 and 680,000 children have been placed by judicial authorities in institutions that meet the legal definition of deprivation of liberty, the total number of children in institutions is estimated at 3.5 to 5.5 million.
 
• Children with disabilities are significantly overrepresented in detention in the context of administration of justice and institutions.
 
• The number of children detained in the context of armed conflict and national security has increased sharply, driven by aggressive counter-terrorism measures that can include detention and prosecution of children for online activity, including posts to Facebook and Twitter.
 
The Study found that deprivation of liberty aggravates existing health conditions in children and can cause new ones to emerge, including anxiety, depression, suicidal thoughts, and post traumatic stress.
 
Psychiatric disorders for children in detention can increase tenfold during detention, and detention is correlated with early death among children once released.
 
“Detention is fundamentally harmful to children, yet many countries use it as their first response to difficult circumstances, rather than the last,” said Jo Becker, child rights advocacy director for Human Rights Watch and co-chair of the NGO Panel.
 
“Governments should invest in alternatives that not only protect children’s rights but produce much better outcomes for children, families, and society overall.”
 
Nowak found some areas of progress, including a reduction in some countries in the number of children in institutional care or detained in the criminal justice system. At least 21
 
governments said that they do not detain children for migration-related purposes. Some countries have adopted formal protocols to avoid detaining children in the context of armed conflict.
 
The nongovernmental groups urged all countries to examine and adapt the good practices documented in the study.
 
Nowak recommended that states “most rigorously” apply the Convention on the Rights of the Child, which requires that deprivation of liberty shall be applied only as a measure of last resort in exceptional cases.
 
He urged countries to “make all efforts to significantly reduce the number of children held in places of detention and prevent deprivation of liberty before it occurs, including addressing the root causes and pathways leading to deprivation of liberty in a systemic and holistic manner.”
 
The study was initiated by a UN General Assembly resolution adopted in December 2014. Its findings are based on 12 regional and thematic consultations, questionnaires requesting data from every UN member state, comprehensive reviews of literature on the subject, and additional research by expert groups.
 
The NGO Panel for the Global Study on Children Deprived of Liberty was established in 2013 and includes 170 local, national, and international non-governmental organizations worldwide. The Panel participated in the study and coordinates efforts by nongovernmental groups to carry through on its findings.
 
The members of the NGO Panel urged governments to carry out the Global Study’s recommendations. These include collecting reliable and systematic data on children deprived of liberty, and creating national action plans aimed at an overall reduction in the number of children in detention and/or the elimination of detention for children.
 
The NGO Panel members also urged the General Assembly to formally designate a UN entity to lead follow-up efforts.
 
http://childrendeprivedofliberty.info/global-efforts-needed-to-free-detained-children/
 
* The full study can be found online here: http://undocs.org/en/A/74/136


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Tens of thousands of pastoral farmers driven off their land for commercial large scale farms
by Amnesty International
Angola
 
Oct. 2019
 
Tens of thousands of pastoral farmers who have been driven off their land to make way for commercial cattle ranches have been exposed to a greater risk of hunger and starvation as drought grips southern Angola according to a new report published by Amnesty International today.
 
The end of cattle’s paradise: How diversion of land for ranches eroded food security in the Gambos calls on the Angolan government to immediately provide emergency food assistance to the communities facing hunger, declare a moratorium on land grants, and appoint a commission of inquiry to investigate how 46 commercial farms ended up with two-thirds of the best grazing land in Tunda dos Gambos and Vale de Chimbolela since the end of civil war in 2002.
 
“The current drought in Angola has exposed the devastating impact of commercial cattle farming on communities in Gambos. Traditional cattle farmers have lost their best grazing land and now watch helplessly as their children and families go to bed on empty stomachs,” said Deprose Muchena, Amnesty International’s Regional Director for Southern Africa.
 
“The government has failed to protect the rights of these communities - in particular, their right to food. They have been left to scratch a living from infertile, unproductive land – and now as the drought tightens its grip - they have simply been left with nothing to eat.”
 
The report shows that hunger and starvation are rife among the Vanyaneke and Ovaherero people living in the Gambos. Colloquially this region is known as Angola’s “milk region” because cattle rearing and milk production have been central to the economy and way of life of people here.
 
Forced to eat leaves to survive
 
While the semi-arid Gambos region is prone to cyclical droughts, Amnesty International found that traditional cattle breeders and their families are struggling to produce food for themselves after communal grazing land, which once mitigated against the impact of drought, was allocated by the government to commercial cattle farmers.
 
As a result, pastoralists are left with insufficient and unproductive land for growing food and grazing their cattle. Milk, cheese, yoghurt and meat production is the main source of their livelihoods.
 
Families told Amnesty International researchers that the situation is now so dire that they had resorted to eating wild leaves. Many said they suffer with sickness and diarrhea and have also developed skin conditions such as scabies due to water scarcity and poor hygienic conditions.
 
One pastoralist told Amnesty International that: “There is not enough milk anymore. So, we the grown-ups have given up drinking milk so that the children can still have some. As you can see, we do not look healthy and strong as we used to be. We are skinny and weak.”
 
Another pastoralist said that: “These days many people are becoming very sick because of hunger. Sometimes we go to Chiange to sell firewood so that we can buy some food. There is someone who died here because of hunger.”
 
Grazing and farming land taken away from communities
 
According to the government, there are now 46 commercial livestock farms occupying 2,629km2 of the most fertile land, leaving only 1,299km2 of grazing land for the traditional cattle breeders. This translates to 67% of the land occupied by commercial farmers, leaving pastoralists with only 33% of the land.
 
Amnesty International found that the land, used for centuries as communal grazing land by pastoralists from southern Angola’s Cunene, Huila, and Namibe provinces, was taken away from communities without due process.
 
Despite this, the government has allowed commercial livestock farmers to occupy the Tunda dos Gambos and Vale de Chimbolela without giving local communities any form of compensation, clearly violating the country’s law.
 
Under the country’s constitution, there must be full consultations with affected communities before their land is taken away. However, the Angolan government allowed commercial farmers to take grazing land from the pastoralists without any consultation.
 
“In failing to protect this communal grazing land from commercial interests, the Angolan government has failed to protect the very same people that it claims its legitimacy to govern,” said Deprose Muchena.
 
Angola has ratified regional and international laws that guarantee and protect the right to food for all its people. By ratifying these laws, the country has committed to ensuring the provision of “adequate food and safe drinking water.” This requires the government to take all reasonable measures to help people to access nutrition.
 
Amnesty International is calling on the Angolan government to issue reparations to affected communities, and to take immediate steps to address food insecurity in the Gambos.
 
The report documents large-scale diversion of land to commercial farmers in the Gambos municipality in Huila province, southern Angola, and its impact on the right to food of the pastoralists’ community.
 
Amnesty International undertook two research missions to the Gambos in February 2018 and March 2019 and interviewed dozens of women and men who have been directly affected by the diversion of land for commercial cattle farming. The organization also interviewed local civil society groups.
 
In addition, the organization analyzed satellite images to determine the progressive increase of the land’s use for commercial livestock farming and the resulting shrinking of grazing land for the pastoralists’ livestock at Tunda dos Gambos, between 1990 and 2018.
 
http://www.amnesty.org/en/latest/news/2019/10/angola-drought-and-commercial-cattle-farming-exposes-tens-of-thousands-to-devastating-hunger/


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