The United States’ (U.S.A.) obligations to victims
The United States of America signed the UN Convention Against Torture (CAT) and, therefore, has an obligation to investigate, prosecute and punish those who commit torture. We believe in our systems as effective tools.
However, in reality, our society suffers deep-seated prejudice toward the weak or powerless; there is a special stigma against persons who claim psychological injury and who need to seek compensation or support.
Governments reflect the pervasive reactions to the horror of torture: denial, indifference, avoidance and repression are common. Impunity of the perpetrators may prolong or, in some cases, may deepen the mental scars borne by the victim or by members of their families, as denial of the wrong makes psychological healing difficult. To obtain justice through the legal system, the torture victim is expected to testify about the violation suffered in order to create a public record of the event. While this truthful telling may have a reparative value for many victims, it may also be deeply traumatic, triggering emotional wounds. In addition, those who suffer from the mental anguish of torture do not necessarily show physical evidence of it. Thus, perpetrators seeking to evade accountability try to deny the extent of their victims’ trauma and suffering. To start the healing process, it is necessary to acknowledge the pain and the wrongs suffered, and to put in place proper protocols to stop the abuse from recurrence.
We must stop client abuse in residential treatment
To stop further abuse of children and teens in residential programs, the U.S.A. must identify the persons and practices that enable this activity to flourish. We must deny the perpetrators’ access to grant money and political power.
Much information is already available through several U.S. Congressional investigations. The most recent exposure was done by the House Education and Labor Committee, chaired by Rep. George Miller. Important legislation like H.R. 911: “Stop Child Abuse in Residential Programs for Teens Act of 2009” passed the U.S. House of Representatives on Feb 23, 2009; it has not yet received any real action in the U.S. Senate. This act was “To require certain standards and enforcement provisions to prevent child abuse and neglect in residential programs, and for other purposes.” The U.S. Senate should be strongly encouraged to pass this legislation.
The United States must look carefully at provisions in federal and state laws that perpetuate a lack of transparency and accountability for residential facilities. The Charitable Choice program must be carefully scrutinized to see that it does not fund programs that violate civil rights and human rights. Non-government organizations (NGOs) and corporations must be supervised to prevent use of government contractor status for unwarranted immunity if legal transgressions are committed. Lack of accountability permits abuse.
These aberrant NGOs and other corporations constitute a “black hole” into which government funds are poured with ineffective outcomes, yet little transparency and accountability have been required of them.
Careful attention should be paid to ways in which a criminal element can invade religious non-profits and become able to exploit service provision, safety of children and financial assets. Persons with criminal records of sexual assault or sexual abuse should not have access to children or young people held in locked facilities. Those with criminal records for substance abuse, violent crimes, or financial crimes should not have their records “expunged,” so that they qualify for unrestricted access to victims in new positions of authority over vulnerable others. White collar criminals capable of affinity fraud have been able exploit the naiveté and inexperience of church elders; thus, they are not a lesser risk as “restored” ex-convicts.
There is a long history of persons within the clergy and religious organizations guilty of abuse, including sexual abuse of children. Since religious institutions have been ineffective in prevention and regulation when matters of abuse occurred, it is necessary to have government oversight to prevent and address abuse, especially in programs funded by taxpayers.
The federal government must retain legislative powers that permit regulation and inspection of all residential treatment facilities, regardless of whether they are private NGO facilities, federal or state subcontractors. This is necessary to assure protection of the human rights of persons inside such facilities. It is a national obligation under international human rights law.
It is important to know the identity of the key actors. Educating others about the role of both the enablers and the perpetrators can assist government officials to adopt effective due diligence commitments and to avoid complicity in criminal activity.
Economic sanctions, reduction of various forms of government assistance and public media attention can expose the problem. Focused pressure on key individuals can gain their attention and help them constructively review their actions or inactions.
The survivor/victims of residential treatment center abuse need to feel that the government of the U.S.A. will create effective measures to stop the violations, to verify facts, and to provide public disclosure of the full truth, especially for abuse that yet occurs. For 17 years, Straight Inc. and some of its medical doctors violated international law by violation of the Helsinki Declaration and the Nuremberg Code. This abuse still continues in centers worldwide. There has been no cogent effort to reduce the risk or address the harm caused. Effective regulatory control over residential treatment centers and wilderness camps is immediately required. The infractions identified are gross violations of international human rights law and serious violations of international humanitarian law, which need guarantees of non-repetition.
There must be denial of de jure or de facto amnesty to the founder and CEO of Straight Inc., Melvin Sembler. He should be required to make effective and adequate reparations to the survivors/victims of this institutional child abuse. Many victims, including but not limited to those abused in Straight Inc., Roloff Homes, Teen Challenge and WWASPS programs, desire a public apology that includes acknowledgment of the facts and acceptance of responsibility because the U.S. government knew of the abuse but failed to protect the children
The United States, as part of the international community, should keep faith and human solidarity with victims, survivors and future human generations. Also, the U.S.A. must reaffirm the international legal principles of accountability, justice and the rule of law, Human Rights Law International and U.S. Law.
