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