By withdrawing from the United Nations Human Rights Council (UNHRC) the USA admits it has committed serious human rights violations that put the country in jeopardy. This opens a pandora’s box of human rights grievances around the world against the United States and provides a de facto admission of guilt.
by Melissa Hemingway, @MelisaHemingway Feminine-Perspective Staff
One day after being criticized by the top UN human rights official for its policy of separating children from their parents at the border, the United States is reportedly announcing that it is withdrawing from the main UN human rights organ, the Human Rights Council. UN Dispatch – Mark Leon Goldberg
At issue now, is the United States’ violations of human rights statutes by traumatizing children in its new policy of literally confiscating children from their parents. That includes babies. These are not general allegations but cases in progress where families have not been able to find the children the United States Trump administration literally confiscated and lost.
11,000 Children in US Concentration Camps and according to the Department of Homeland Security, from 5 May to 9 June 2,342 children were separated from 2,206 adults. This is unacceptable. Photo: Feminine Perspective, Melissa Hemingway
The RINJ Foundation Women as part of the CSO Net – Civil Society Network has precisely complained to the UNHRC about the recent conduct that violates the Convention-on-the-Rights-of-a-Child.
“This is not a small and insignificant matter. Bullying children as leverage for political gain and personal favour as Trump has done on a large scale is a crime against humanity,” said Katie Alsop, an official of The RINJ Foundation.
Whereas the Trump administration is seeking support from Donald Trump’s cult-like following for withdrawing from the the UNHRC by claiming his reason for doing so relates to alleged mistreatment of Israel, it is in fact withdrawing just as Rodrigo Duterte of the Philippines withdrew from the International Criminal Court when he was accused of murdering now up to 22,000 civilians out of guilt say many observers, Trump is on the carpet for 11,000 Children in US Concentration Camps
Article 5. Universal-declaration-of-human-rights
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
UN Secretary-General Says Refugees, Migrants Should Be Treated with Dignity
The following UN statement was issued on Tuesday 19 May by the Spokesman for UN Secretary-General António Guterres:
“As a matter of principle, the Secretary-General believes that refugees and migrants should always be treated with respect and dignity, and in accordance with existing international law. Children must not be traumatized by being separated from their parents. Family unity must be preserved.”
The Human Rights Violators
Photo: Donald Trump – White House Portrait
US President Donald Trump ordered the arrest and prosecution of all migrants attempting to enter the US illegally. He also ordered the confiscation of their children.
Donald Trump has pushed his Cabinet, some to near resignation (i.e.: Homeland Security Secretary Kirstjen Nielsen), to deliver to illegal migrants entering the country a regimen of cruel, inhuman or degrading treatment or punishment, without a hearing.
US Homeland Security Secretary Nielsen has orders that a self-respecting person who abides the rule of law would reject prima facia.
Trump is the first US President to publicly call displaced migrants “animals”. He has promised his xenophobic alt-right fan base that he will build a wall between Mexico and the United States. He also says he doesn’t want to bother with immigration judges and due process for asylum-seeking migrants.
US Attorney General Jeff Sessions unveiled a new “zero tolerance” policy on May 7 for people caught illegally crossing the US border, vowing to criminally prosecute every border-crossing case in a policy that could confiscate thousands of migrant children from their parents, indefinitely. See: OHCHR – Convention-on-the-Rights-of-a-Child
“That’s why the DHS is now referring 100 percent of illegal Southwest Border crossings to the Department of Justice for prosecution. And the Department of Justice will take up those cases.”
Jeff Sessions official portrait
“If you cross the southwest border unlawfully, then we will prosecute you,” Sessions told law-enforcement officials on May 7 in a speech.
“If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law. If you don’t like that, then don’t smuggle children over our border.”
(“as required by law”) No such law has been found nor has the illusive statute been cited by the US Attorney General. We think he is referring to a long standing policy for unaccompanied alien children trying to enter the country. These kids the US Government absconds and puts in U.S. Department of Health and Human Services (HHS) foster homes. That is reputedly a certain hell for the children in this federal system as opposed to various State-run programs that maintain oversight of the so-called foster-homes.
Sessions wants children taken from migrant parents as a deterrent to future migrants approaching the United States.
The problem is that Sessions doesn’t know HHS. The kids in the HHS system don’t come back out of the system until they are no longer kids. Mostly, HHS doesn’t know where the children are.
This system was created for handling the child sex slaves discovered coming into the country unaccompanied by an adult. Many HHS children are being sold into trafficking agencies.
That means that migrants, the minute they are suspected of coming into the USA illegally have their children confiscated, without a finding of guilt, forever lost, and the adults are handed off to the US Marshall Service which trucks the parents to Detention Centers.
John F Kelly
(John F. Kelly Photo: Department of Homeland Security (DHS) Official Portrait. Kelly served as the shortest term secretary of DHS before becoming White House CoS)
John Kelly, now the White House chief of staff told National Public Radio that “It’s not ‘cruel’ to separate families at the border — children will be ‘put into foster care or whatever’.
Somehow Donald Trump feels he is above Human Rights law. We have noticed that in this matter The RINJ Foundation Women are not alone at being extremely alarmed at this unlawful, cruel and immoral conduct, but people like California Sen. Kamala Harris have vigorously raised a flag on this violation of Article 5 of the Universal Declaration of Human Rights. She was brow-beaten by one of Trump’s minions hence there seems to be no remedy in law within the United States the matter will be raised with The Office of the High Commissioner for Human Rights (OHCHR) by the RINJ Civil society Group.
The RINJ Foundation Women filed a complaint with the OHCHR, May 24 Geneva time.
Trump’s order to confiscate children must be rescinded.
If there needs to be detention for migrants, then detention, as in other countries, must by family-suitable.
Articles and data referenced in this article:
|Excerpts from: Report of the Special Rapporteur on trafficking in persons, especially women and children – Mission to the United States of America The United States faces challenges as a destination, transit and source country for men, women, children, including LGBTI individuals, migrant workers and unaccompanied migrant children, runaway youth, American Indian and Alaska Natives, persons with disability. In some places African American women and girls are disproportionately affected by trafficking in persons. Both US nationals and migrants, mainly from Central America and South East Asia, are trafficked within and into the United States. Mexico, China, the Philippines, Guatemala and Honduras are the most common countries of origin for trafficking victims. According to the national hotline, the highest number of trafficking cases has been in California, Texas, Florida, Ohio and New York. The close proximity to international borders and high rates of immigrant populations make, amongst other factors, these regions more vulnerable to trafficking in persons.|
The United States is party to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol), and to a number of international human rights instruments, including the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict.
Regrettably, the country is not party to several human rights conventions pertinent to the fight against human trafficking, although it had pledged to ratify a number of them during its Universal Periodic Review of 2015 including the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the 1951 Convention relating to the Status of Refugees and numerous ILO conventions are yet to be ratified.
The United States is a signatory to the American Convention on Human Rights but is yet to ratify the Inter-American Convention on the International Traffic in Minors from 1994.