Obiter Dicta Issue 7 - November 24, 2015 | Page 6

OPINION 6  Obiter Dicta When Aiding Becomes Abetting US Foreign Policy on Afghan Sex Slaves jessica grys › contributor I n S epte m b er 2 01 5, US Special Forces Captain Dan Quinn was relieved from duty in Afghanistan after threatening an Afghan commander for keeping a young boy as a sex slave. Quinn’s return home under such conditions brought with it public attention and outrage against the US Military for its decision, which in turn raised concerns that the US Military was turning a blind eye to a pressing international human rights issue (Goldstein, 2015). While many of the facts of the case remain behind closed doors, the issue raises a larger question about the challenges of upholding international human rights standards in the midst of conflict and the political hierarchy of concerns that can negatively affect vulnerable populations. Sex slavery is recognized as a truly global human rights problem. It occurs in many countries around the world and affects an estimated thirty-six million victims (Curtis, 2015). It is most prevalent in nations that are yet to develop the necessary infrastructure for proper anti-trafficking policies. Economic instability and extreme poverty can further contribute to its existence. In the case involving Captain Quinn, the issue of sex slavery poses what seems like an impossible challenge for US soldiers that are trying to create the foundation for a legitimate government amidst widespread corruption. Human Rights Watch describes the tradition of “bacha bazi” as a practice where boys “work as dancers, performing at parties attended by men, and typically living under the protection of a military commander or other patron.” The practice developed from the typical prohibition in Afghan culture for women or girls to dance for a male audience. Although the practice can be innocent, there have been many instances where boys have become victims of sexual assault and abuse. The boys are often homeless or taken from their families at a young age, and as a result of poverty become trapped (Najibullah Quraishi, 2010). The tradition of bacha bazi re-emerged in Afghanistan following the defeat of the Taliban, and has been viewed as an indication of power and wealth amongst military and police officials. For instance, one former Afghan senior commander explained that men use boys as status symbols (Najibullah Quraishi, 2010). In some instances, it is alleged that policemen line up pre-teen boys and pick which to take into the station for a few hours. When asked how frequent this practice had become, a commander responded, “Try finding a police commander who doesn’t fuck young boys” (Anderson, 2013). Others claim that regardless of their gender and also to ensure effective prosecutions against perpetrators. US Department of Defense spokesman, Jeff Davis, explains that US Military reports of pedophilia and rape are given to the Afghan government but argues that “[i]t is fundamentally a law enforcement matter” (Masood, 2015). The question is then raised: to what extent are the international community, and specifically US soldiers in Afghanistan, responsible for protecting against human rights abuses abroad? The Leahy Law introduced in 1997 was created to prohibit security assistance to foreign countries with credible evidence of gross human rights violations (Serafino et al, 2015). The law was created as a punitive measure to keep the US from being involved in human rights violations, and to encourage and assist foreign governments in bringing justice to members of the government and society involved in these crimes. Afghanistan provides an example of the practical dilemmas for the US Military in these sorts of situations. Attempts to promote a stable government without undermining Afghan independence are frustrated by the knowledge that reports of abuse are difficult to address. Jeff Eggers, foreign policy scholar, suggests the US Military is caught “between a rock and a repulsive place” of priority and principle. US soldiers went to Afghanistan with the goal to establish good governance and the realization of human rights, but are being challenged by a series of more complicated moral and ethical issues outside of combat, including allegations of sex slavery and having to turn a blind eye to human rights violations. The question becomes whether to continue involvement in these areas alongside violations or to withdraw. In this case, the best foreign policy decision may be to remain engaged and insist on remediation “The tradition of bacha bazi re-emerged in Afghanistan . . .” the extremely restricted access to women throughout society has meant that there is reduced stigma towards men for having sex with boys (Jones, 2015). Many human rights groups have denounced bacha bazi as an unacceptable form of child sexual servitude. The UN Security Council has advised the Afghan government to take immediate and detailed measures. Specifically, manuals on how to create the necessary legal framework have been sent abroad (Jones, 2015). While the government has signed treaties on the rights of children, it is clear that an effective legal system is key to ensure that perpetrators are held accountable. Although Afghanistan has implemented laws that criminalize the rape of women and girls, Human Rights Watch points to the lack