But tell me, where do the children live?

Maria Olvera with Valory, one of the two grandchildren she is raising in Altadena, Calif.

Where do children live?

Some children live at home. Sometimes, the families are their own extended families. Often they are their grandparents’ homes. Sometimes the parents have been taken by illness. Other times, the market has insisted that mothers and fathers travel extraordinary distances and stay away for long periods of time. And sometimes the parents have been deported.

Other children live in family homes that are worksites and worse. These children might be domestic workers, and they live as strangers in their own domiciles.

In Burkina Faso, for example, children, especially girls, work as street vendors, or hawkers, and as domestic workers.  Legally, domestic work is considered “light work”, and so children officially can begin working in households at the age of 15. In fact, children, mostly girls, begin as young as 7. Almost half of all children in Burkina Faso work, and proportionately the girls outnumber the boys.

The local Red Cross has a child labor project that is trying to help child domestic workers. Other local NGOs also are trying to help child domestic workers. How? The NGOs are offering girls training in cleaning and housekeeping, and, occasionally, reading, writing, and sewing.  The Red Cross is sending stern, `blunt’ text messages to government officials, employers, traditional leaders, teachers, business owners and housewives.  Here’s one example: ““Employers: domestics have the same rights as your children. Stop under-paying them; stop subjecting them to mistreatment, sexual violence, and long hours”.

Who are the children? They are typically described as children “from rural areas where there are few work opportunities”, and so they are sent, or some would say trafficked, to the cities, in this case Ouagadougou or Bobo-Dioulosso. They have the same rights as your children? Hardly. `Your children’ go to school. `Your children’ inhabit days and lives that aren’t measured by wage scales and work opportunities. `Your children’ are … your children, and their opportunities are the opportunities of childhood. These children are not `your children’. If they were, their situation would not be described in terms of lack of work but rather lack of school.

But tell me, where do the children live?

In the United States, one of every ten children lives with their grandparents. Close to three million children live with a grandparent or grandparents.  Close to three million grandparents are the primary caregivers to the children living with them.  Of the three million grandparents, 62%, or a little less then two million, are women. While the primary caregiver grandparents are disproportionately African American and Latina, the numbers are increasing, rapidly, among White grandparents as well. Of the primary caregiver grandparents, 65% are either poor or near-poor.

This development is considered a social trend. For Latina grandmothers, it is often complicated by another `social trend’: deportation. For example, Maria Olvera takes care of two of her grandchildren. Their mother, Maria Reyes, was deported, returned to Mexico, where she now lives, on the border in Tijuana. Their father died in 2008. Maria Reyes has four children. The other two stay with an aunt nearby. The four siblings come together daily, to encourage a sense of family.  Meanwhile, Maria Olvera is herself undocumented. A survivor of domestic abuse, she helped authorities locate and prosecute her abuser. Now she waits to see if she can obtain a U visa. Meanwhile, she has little or no formal rights or claims to the children.

And if Maria Olvera looks around, she will already know another `social trend’ that legal scholars are just beginning to discover and document: the deportation of grandparent caregivers, and in particular of grandmothers. Parents gone, grandparents under threat, where do you think the children live? Limbo.

The illegal but common child domestic workers of Burkina Faso, the grandchildren of undocumented grandparent primary caregivers in the United States, live formally, officially … nowhere. They are shadows. As nations design and implement so-called austerity programs, the world of shadow children expands as it grows more thickly populated. In the United Kingdom, for example, it is anticipated that, as a result of so-called austerity budget cuts, 300,000 children will be shoved into poverty. Like a bird, child poverty is set to soar.

But tell me, where will the children live?

(Photo Credit: Sarah Reingewirtz / San Gabriel Valley News Group /  El Nuevo Sol)

How do you like your torture, fast or slow?

Saleyha Ahsan has been visiting Y, an Algerian who fled Algeria for the United Kingdom, seeking asylum. His story is being enacted in a video on the Guardian website. He can’t see it, because he’s “a threat to national security”, and so he can’t access a computer, much less the internet or a mobile phone. His crime? “Y was tortured in Algeria – the evidence is clear from the scars on the front and back of his head. His crime was to speak out against human rights abuses in the early 1990s. When it was clear that he had to leave he came to the UK, and with his powerful testimony he was given full rights to remain. Not a false passport or fake name in sight. Leaving saved his life. Not long after, he was issued with a death sentence in absentia in Algeria.” Wait. That can’t be right. His crime is that he `agreed’ to be tortured? Yes, that made him a threat. However one parses the niceties, Ahsan has watched “an isolated edgy young man turned old through the “slow torture” of these last eight years in the UK. Detained for a total of 57 months in prison – first for the ricin case, for which he was fully acquitted, then detained again based on…? Your guess is as good as mine. It’s called secret evidence and neither Y or his lawyers have any idea what it is.”

This practice of slow torture is particular to women and takes many forms.

In the UK, according to the most recent Prison Reform Trust Fact Files, “The number of women in prison has increased by 60% over the past decade, compared to 28% for men. On 12 June 2009 the women’s prison population stood at 4,269. In 1997 the mid-year female prison population was 2,672. In 2007, 11,847 women were received into prison.” Twelve years of step-by-step, rung-by-rung escalating incarceration of women. Twelve years of silence. Slow torture.

Nadera Shalhoub Kevorkian has been thinking and writing about the slow torture of Palestinian women. Palestinian women have been placed in a condition of betweeness: “we as women are in a state of betweeness, we are kind of border patrolling everything, we are border patrolling the border between the outside and the inside, the private and the public – our bodies, our lives, our future are all in the state of betweeness….Look at the example of the checkpoints …; I was dropping my partner off at his clinic… they stopped us and they put the men on the right side and the women on the left side, and they told the men to raise their hands and body searched them, and we were on the other side, and this kind of not knowing, this uncertainty that we were all living at that moment, this geography of fear that they created in a very small space, our space as women, all of a sudden it became militarized and they kind of stole our space from us. We became exilic in our own space and the men became dehumanized and demonized in front of our very eyes….This militarization … ends up putting us, as women, as boundary markers, so we are the punching bag for the men outside and the punching bag for the men inside, and we want to move and change the situation, but we are in a state of ‘betweeness’.” The checkpoints are the fast and the quick of torture. The slow torture is the state of exile in one’s own home. How many decades of silence before a new language and a new home are fully established?

Slow torture is a product of a particular application of the rule of law to women and men deemed to be foreigners, and so [a] menace to society and [b] meant to be grateful for whatever juridical crumbs they can get.

In California, for example, activists have targeted undocumented residents and their U.S.-born children. They want to cut off public services to undocumented residents, to challenge the citizenship of any U.S. born citizens of undocumented residents, and set harsh new standards for birth certificates. Who’s targeted here? Women. Making pregnant women worry about what will happen, to them and their children, if they go to hospital in labor is that same as shackling women prisoners while in labor and childbirth. It’s criminal, and it happens all the time. It’s slow torture.

Veronica Lopez  is from Guatemala. She lives in California. She lived with a violent and abusive partner. She reported him. He was tried and deported to Guatemala. Lopez then spent nine months in immigration detention, terrified that she would be deported back to the reach of her abusive husband. Only at the eleventh hour, and then some, did the State come through and grant her a U-Visa, which is designed precisely for women in Lopez’s situation. Others have not been so lucky, and have been deported. The state of betweeness for women stretches across the world. The practice of slow torture haunts us.

(Photo Credit: Los Angeles Center for Law and Justice)