RESPONDING TO CROSS RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA
Plan Asia Regional Office An Analysis of the Feasibility of a Technologically 14th Floor, 253 Sukhumvit 21 Road Enabled Missing Child Alert System (Asoke), Klongtoey Nua, Wattana, Bangkok 10110, Thailand John Lannon and Edward F. Halpin Tel: +66 (0) 2 204 2630-4 Fax: +66 (0) 2 204 2629 www.plan-international.org/asia
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PlaninAsia BORDER CHILD TR
@PlanAsia
AFFICKING IN SOUTH ASIA
City Campus Leeds United Kingdom LS1 3HE www.leedsmet.ac.uk
ISBN: 978-92-9250-017-7 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System John Lannon and Edward F. Halpin Contents
Acronyms v
Executive Summary ix
1 Introduction 1 1.1 Background 3 1.2 Core Principles 5 1.3 Feasibility Study Objectives and Approach 8 1.4 Methodology 12 1.4.1 Definition 12 1.4.2 Exploration 15 1.4.3 Modelling 15 Authors John Lannon and Edward F. Halpin 2 Research Findings and Analysis 17 Leeds Metropolitan University 2.1 The Legal, Political and Bureaucratic Landscape 19 Research Partners 2.1.1 Nepal 22 Nazmunnessa Mahtab, Professor of Gender Studies, 2.1.2 Bangladesh 25 University of Dhaka, Bangladesh 2.1.3 India 26 Bandita Sijapati and Roojaa Darshan 2.1.4 Cross-Border Perspective 30 Bajracharya, Centre for the Study of Labour and Mobility, Social Science Baha, Nepal 2.1.5 Opportunities, Challenges and Constraints 35 Pravin Patkar, Amrita Vishwa Vidyapeetham University, India 2.2 Information Management and Child Protection 38 2.2.1 Standard Reporting 40 Cover photo: Plan / Alf Berg 2.2.2 Child-centred Information Flows 41
February 2013
ISBN: 978-92-9250-017-7 CONTENTS Acronyms
2.3 Technical Development 45 2.3.1 Existing Missing Child/Persons Systems in India, Nepal 45 and Bangladesh AATWIN Alliance Against Trafficking in Women and Children in Nepal 2.3.2 Design Considerations 53 ADB Asian Development Bank 2.3.3 Local IT Capacity 62 AED Academy for Educational Development 2.3.4 Interfacing to Other In-Country Systems 63 2.3.5 Missing Child Alert Systems Around the World 65 ARO Asia Regional Office 2.4 Stakeholder Involvement and Governance 67 ATSEC Action against Trafficking and Sexual Exploitation of Children 2.4.1 National 68 BASIS Bangladesh Association of Software and Information Services 2.4.2 Regional 71 BGB Border Guards Bangladesh 2.5 Long-Term Vision 73 BPO Business Process Outsourcing CBCT Cross-Border Child Trafficking 3 Technical Architecture 77 CBO Community-Based Organisation 3.1 Option 1: Decentralised Model 79 CCWB Central Child Welfare Board 3.2 Option 2: Centralised Model 84 CEDAW Convention on the Elimination of All Forms of Discrimination 3.3 Option 3: Collaboration with Homelink/YaR 88 against Women CHI Child Helpline International 4 Roadmap and Conclusions 91 CID Criminal Investigation Department
Bibliography 96 CINI Child In Need Institute CMAS Commercial Mobile Alert System Appendix 1: DEMIR™ Framework 98 CO Country Office Appendix 2: List of Interviews 99 CRC Convention on the Rights of the Child Appendix 3: Results of Delhi (Kickoff) Workshop Consultation 104 CRPD Convention on the Rights of Persons with Disabilities Appendix 4: High Level Requirements Specification for National 108 CSO Civil Society Organisation Missing Child Tracking System CWC Child Welfare Committee DC District Commissioner DCWB District Child Welfare Board DEMIR Definition – Exploration – Modelling – Implementation - Review iv An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System v ACRONYMS ACRONYMS
EU European Union NNAGT National Network Against Girls Trafficking FIR First Information Report NPA National Plan of Action HTTCA Human Trafficking and Transportation (Control) Act RAF Regional Action Forum ICMEC International Centre for Missing and Exploited Children RRRI Rescue, Recovery, Repatriation, and Integration ICPS Integrated Child Protection Scheme SAARC South Asian Association for Regional Cooperation ICT Information Communications Technologies SaaS Software as a Service ICT4D Information Communications Technologies for Development SACH South Asia Child Helplines ILO International Labour Organization SAFAHT South Asia Forum Against Human Trafficking IP Internet Protocol SAIEVAC South Asia Initiative to End Violence Against Children IT Information Technology SAGC South Asia Coordinating Group on Action against Violence IPTV Internet Protocol Television SDF SAARC Development Fund ISP Internet Service Provider SMS Short Messaging Service ITES IT Enabled Services SOP Standard Operating Procedure ITSM IT Service Management TIP Trafficking in Persons ITPA Immoral Trafficking Prevention Act UIDAI Unique Identification Authority of India JJB Juvenile Justice Board UISC Union Information Service Centre MCA Missing Child Alert UN United Nations MHA Ministry of Home Affairs UNDP United National Development Programme MIS Management Information System UNICEF United Nations Children’s Fund (shortened from the original MoU Memorandum of Understanding United Nations International Children’s Emergency Fund) MWCA Ministry of Women and Children Affairs (Bangladesh) UNICEF ROSA UNICEF Regional Office for South Asia MWCD Ministry of Women and Child Development UNIFEM United Nations Fund for Women (Government of India) UNODC United Nations Office on Drugs and Crime MWCSW Ministry of Women, Children and Social Welfare (Nepal) UNTOC UN Convention against Transnational Organized Crime NCMEC National Centre for Missing and Exploited Children USAID/OTI United States Agency for International Development/Office of NCW National Council for Women Transition Initiatives NGO Non-Governmental Organisation URC-ICT Union Resource Center for ICT NHRC National Human Rights Commission VPN Virtual Private Network NIC National Informatics Centre XML eXtensible Markup Language vi RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System vii Executive Summary
This report examines the feasibility of a technologically enabled system to help respond to the phenomenon of cross-border child trafficking in South Asia, and makes recommendations on how to proceed with a pilot project in the selected areas of Bangladesh, Nepal and India. The study was commissioned by the Missing Child Alert (MCA) programme which is an initiative led by Plan International (referred to as Plan in this report). Plan works in 50 developing countries to promote child rights and lift millions of children out of poverty.
As part of a body of research undertaken between August and November 2012, interviews were conducted with more than 50 organisations and individuals. These included police, child welfare officials, government ministries, local and municipal government officials in each of the three countries; local and national non-governmental organisations (NGOs) working in the area of child protection; regional and international agencies; technology providers; and authorities that had experience of implementing missing child alert systems in other parts of the world.
The findings of the research are grouped in five broad areas. These are the legal, political and bureaucratic landscape; information management and child protection; technical development; stakeholder involvement and governance; and the long-term vision for the MCA programme and the technologically enabled system. Legal, political and bureaucratic landscape The main findings of this first area relate to the need to sensitise and change the attitude of the law enforcement authorities so that missing children who are thought to be trafficked are properly recorded, and that families feel able to immediately report to them. This is linked to a need for awareness raising campaigns at community level, aimed in the first instance at effective and prompt reporting and in the longer term at prevention. Two opportunities in particular were identified for this, both in Bangladesh. One is through partnership with a community-based ICT service provider called D.Net; the other is with the government-run Union Information and Service Centres.
The need for further research around improving the law in relation to the recording of missing children who may have been trafficked in the source viii Plan / Alf Berg An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System ix EXECUTIVE SUMMARY EXECUTIVE SUMMARY countries (Nepal and Bangladesh) or found in the destination country (India) is The only national missing child system currently in existence in India is the noted. The research also highlights the non-existence of repatriation procedures Homelink initiative overseen by Don Bosco/YaR Forum. While this has not been between India and Nepal, and the failure to implement the procedures that do adopted to any great extent by the State authorities, the MCA programme should exist between India and Bangladesh. These are major impediments to the safe consider it a key component in the overall infrastructure for missing children in and speedy reunification of children who have been trafficked. the region.
The report recommends that in each of the three countries, the MCA programme A number of key design considerations for the cross-border child trafficking appoint a person with the necessary authority and reputation to be able to system are discussed in the report. These include accessibility, security, data engage with national stakeholders, while accurately reflecting reality on the protection and availability. It is recommended that the initial focus should be on ground at local level. This involves liaising with lead government authorities, the use of simple, accessible Internet Protocol (IP) based interfaces for approved and developing relationships with key political, civil service, NGO and civil society alert recipients. Nonetheless system designers should ensure that viable options personnel who can help to exploit the opportunities and deal with the challenges exist for sending out alert information to large numbers of individuals and identified. companies through mobile phone networks, data feeds to the broadcast media, and interfaces to emerging communications channels like social media. It also Information management and child protection recommends that the matching of missing and found children should be based The report recommends that the MCA programme should take a proactive role where possible on biometric data, and that the system should be linked to the in efforts to develop coded typologies or thesauri to support consistent and unique ID and birth registration systems in India and Bangladesh. Automatic standard reporting of missing children in South Asia. It emphasises that the photograph matching can also be done but stored photographs should not be analysis and verification of information relating to a missing child should be done publically displayed. by police in the source country, whereas the recording of a trafficked child, the The report also looks at missing child alert systems in Europe and the USA. While sending of alert messages, and the subsequent analysis of data and generation of their focus is on abducted children and the expectation that the public can help periodic reports can be handled by a technologically enabled, regional find the child, the MCA programme can nonetheless learn lessons from their cross-border child trafficking response mechanism. The processes of reporting experience and from the mechanisms that have been put in place. One lesson in and alerting could be implemented as one technological system with distinct particular is that it has taken three to seven years to implement missing child alert functionality and user roles. The report also notes that key stakeholders, systems in European countries where there is a strong law enforcement particularly the police, must be involved in the design of the child trafficking motivation to solve these crimes. While the Government of India may now be able response system. In particular there is a need to work with the law enforcement to deliver on a national missing child system in a similar timeframe, given the agencies in each of the target countries, and through SAARC mechanisms such as amount of work already done on the issue at various levels, the same is not likely the Chief of Polices conferences, in order to reach agreement on the minimum to be the case in Bangladesh or Nepal. criteria for launching a cross-border alert. This will only be possible if there is State support for the concept in all three countries, and involvement at the Stakeholder involvement and governance highest level from the start. The long-term goal for the MCA programme should be to have in-country Technical development missing child systems managed by the government in each country, with regional coordination through a cross-border child trafficking response system managed There are no national databases or web portals for missing children in Bangladesh by the South Asia Initiative to End Violence Against Children (SAIEVAC). As noted or Nepal, but there are a number of initiatives at State level in India. The already, the former (in-country missing child systems) cannot be fully and Government of India has proposed a national missing child system but has not yet effectively delivered in a short number of years. Equally the management of taken effective concrete action to make this a reality. As a result the current a regional cross-border child trafficking system by SAIEVAC is not a realistic situation facing missing children in India can be described as sectoral option for the foreseeable future. Nonetheless it is recommended that the MCA and fragmented. x RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System xi EXECUTIVE SUMMARY EXECUTIVE SUMMARY programme begins to work with SAIEVAC to help build their capacity to do so. such as the search, rescue and repatriation of the child. Option 3 is to implement The target should be to hand over the coordination of the regional aspect of a missing child search system across the region by extending and modifying the the system to SAIEVAC within an agreed timeframe. existing Homelink system.
SAIEVAC support for the MCA programme can help make child trafficking more Based on the research the report concludes that a pilot project can make prominent on the regional agenda. It can also work with governments to get it on significant progress towards providing a technologically robust system to track, their agenda through its own mechanisms and the mechanisms of SAARC. rescue and repatriate children that are trafficked from one country to another. SAIEVAC also works with civil society, children and the international agencies. The system must be acceptable politically and operationally, as well as usable As a result it has all the components necessary to make the CBCT response system by communities, non-governmental organisations and responsible authorities. sustainable as well as participatory. The process to put this system in place must begin by exploring each of the technical options presented in greater depth, by engaging with the governments Long-term vision and in particular key people in the relevant ministries, SAIEVAC, and Don Bosco/ Attention is drawn to the need for child protection mechanisms in the region to YaR Forum. While Option 2 is deemed likely to present the highest chance of address all categories of missing children, as well as children who are vulnerable to success, stakeholder acceptance is crucial for its sustainability. With this in mind abuse and exploitation in other ways. While the MCA programme is seeking to all options must be considered further before proceeding. address one particular category, there is potential to do so in a coordinated and The last section of the report presents a roadmap outlining the next steps that convergent way through a close working relationship with SAIEVAC. There are should be taken to get the pilot project under way. One of the first steps a range of regional mechanisms through which agencies in the different SAARC recommended is to establish a web portal on child trafficking in South Asia. countries are linked together. SAIEVAC can play an important role in coordinating This web portal should represent the public face of the cross-border child the efforts of these mechanisms. trafficking response system, thereby helping to establish it with international, Overall it is recommended that the system limit its activities to those that require regional and national stakeholders. It should also provide information relating to cross-border communication and collaboration. This means it should support child trafficking (and in particular cross-border child trafficking), national information flows relating to trafficked children that may have been taken across initiatives aimed at addressing the phenomenon, and regional developments. a border, found children whose identity is not known, and rescued children whose The information presented should reflect the breadth of effort being undertaken needs may be best addressed through repatriation and reunification. Clarity is by stakeholders, including regional and international agencies. required around if and how children that are trafficked internally within the The pilot project goal should be to develop, implement and test the countries are handled by the MCA initiative. It is also recommended that further technology-based system and to bring as wide a range of actors as possible consideration be given to the name of the intervention since it is related together in order to determine how it will become a fully realisable regional specifically to cross-border child trafficking rather than missing children per se. system. The focus should therefore be on testing the effectiveness of the In terms of the technical architecture for the system, three possible options are intervention and its capacity to succeed on a broader scale, rather than the outlined. Option 1 is to build a network of in-country missing child systems that number of children reached. would exchange information about missing or found children. The MCA programme would support the development and deployment of these systems by the national governments, and would work with stakeholders to develop protocols for the exchange of information. Option 2 is to design and implement a centralised cross-border child trafficking response system in which authorities in each country can record incidents of suspected cross-border child trafficking. This system would send notifications to recipients in the country(s) the child is likely to have been brought to. It would also coordinate cross-border activities xii RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System xiii Introduction 1
Plan / Sander Stoepker INTRODUCTION Background
The Missing Child Alert (MCA) recommendations in relation to its 1.1 Background programme is an initiative to address architecture. It also outlines a roadmap cross-border child trafficking in that can lead to an expanded child South Asia, led by Plan. The aim of protection system covering the entire the programme is to link existing South Asian Association for Regional institutions, mechanisms and resources Cooperation (SAARC) region.1 The in order to tackle the phenomenon main objectives of the report are: from a regional perspective. To achieve this, Plan propose to implement 1. To map existing opportunities to a technologically equipped, establish and operate a technology- Children go missing for many reasons. labour; urbanisation; and a demand institutionalised system of alert that enabled system that can address In South Asia, many are abducted and for young girls for sexual exploitation can assist in the rescue, rehabilitation, the issue of cross-border trafficking put into forced labour. Others are and marriage. repatriation and reintegration of in India, Bangladesh and Nepal; persuaded to leave home by somebody Children can be trafficked by a stranger children who are at risk of, or are they know, and are subsequently 2. To explore the best technological or by someone who knows them, such victims of, cross-border trafficking. exploited in the sex trade or sold to solutions and to develop a as a relative or acquaintance. The As it is a new and ambitious concept, work as domestic help. Some simply blueprint for recommended traffickers are often part of an it is proposed to undertake a pilot run away from home, or are forced to solutions; and organised criminal network that project over a period of approximately leave because of difficult circumstances recruits children and transports them three years. This pilot project will be such as domestic violence or the death 3. To analyse the political, social, legal across the border. They acquire their implemented in selected parts of of a parent. and economic context impacting victims in a variety of ways. These Bangladesh and Nepal, both of which on the sustainability of the system. The issue of missing children is linked include kidnapping, offering work are primarily (though not exclusively) to, although not limited to, child opportunities and travel costs source countries for child trafficking, Literature reviews and desk research trafficking. This is a highly secretive (sometimes with other financial and India which is a destination and have been used to examine the and clandestine trade, with root causes incentives), and even purchasing the transit country for international political, economic, social, that are varied and often complex. children from parents or relatives on trafficking. The pilot project is technological and legal environments, Poverty is a major contributor but the the basis of false promises of work – supported by a grant from the while field research and interviews phenomenon is also linked to a range sometimes for as little as 1,000 rupees Nationale Postcode Loterij in conducted between July and of other ‘push’ (supply side) and ‘pull’ (US$20). Families’ expectations may be The Netherlands. November 2012 provide in-depth understanding of the opportunities, (demand side) factors. The push factors based on what they hear or see in the This report examines the feasibility of risks and constraints that exist at include poor socio-economic media, the false testimonies of others a pilot MCA system and makes national and regional levels. conditions; structural discrimination who have returned from work abroad, based on class, caste and gender; or the misguided hope that anything domestic violence; migration; illiteracy; must be better than what they have at natural disasters such as floods; and home. Gender-based social practices enhanced vulnerability due to lack of also lead parents to be persuaded by awareness. The pull factors include the traffickers under false pretexts of effects of the free market economy, marriage without a dowry. The fact and in particular economic reforms that many families fail to report these that generate a demand for cheap practices, thereby perpetuating and 1 The SAARC member states are Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka.
2 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 3 INTRODUCTION Core Principles institutionalising the act of trafficking, countries. Estimates of the number of begging, smuggling/drug peddling and and the entertainment and sports hinders efforts to thwart the girls trafficked to India annually vary trafficking for sale of body parts also sector. Forced marriage of girls and traffickers.2 from 5,000 to 20,000,5 and of the 2 feature. Many children end up in adoption are also common causes for million women and girls involved in sex bonded labour, agricultural labour, child trafficking. Child trafficking is often facilitated, work in India it is thought that almost domestic work, brick field production, either intentionally or unintentionally, 5% come from Nepal and Bangladesh. by officials and others who profit from However, attempts to identify the the business. In India, brothels may country of origin of trafficked children 1.2 Core Principles receive protection, for example, and in India can be difficult for a variety of traffickers and brothel owners reasons. Firstly, they are not always 3 frequently evade arrest. The scale of willing to reveal their national identity, trafficking as an organised crime, and often because of fear of the traffickers the number of small, unconnected or law enforcement. Secondly, there gangs engaged in the practice makes are lingual and physical similarities prevention extremely difficult. While between people from different India has recently ratified the United countries (for example between There are other principles and values 4 The fundamental principles and values Nations (UN) Protocol on Trafficking Bangladeshis and Bengalis of West of the MCA programme are derived that inform MCA programme (also known as the Palermo Protocol), Bengal, India). Thirdly, there are only from the Universal Declaration of interventions. These are: there is to date no crime called a few border checkpoints monitoring Human Rights (UDHR), the ‘trafficking’ in the country. As a result the flow of migrants and international human rights instruments 1. Child protection the National Crime Records Bureau trafficked persons. of the UN, and in particular the As an organisation, Plan is committed (NCRB) have no reliable data on Convention on the Rights of the Child to actively safeguarding children from the practice. In his study of human trafficking along (CRC) and the Convention on the harm and to ensuring that children’s the international borders between rights to protection are fully realised. In recent years, the trafficking of South Elimination of All Forms of West Bengal and Bangladesh, Discrimination against Women They promote child-safe practices and Asian children has expanded beyond Chakraborty (2012) lists several ways in strive to ensure that children are the national borders of the countries (CEDAW). Its actions must therefore be which trafficked children are exploited. consistent with the values derived from protected from harm, abuse, neglect, in the region, with trafficking between One of the most common is sexual violence, and exploitation in any form. countries now commonplace. In this these. Article 19 of the CRC is exploitation, including pornography, particularly relevant. It directs state context, India can be characterised as forced prostitution, religiously Plan’s overall child protection goal is a trafficking destination, while Nepal parties “to protect children from all for every child to enjoy the right to sanctioned prostitution, and sex forms of physical or mental violence, and Bangladesh are two major source tourism. Other illegal activities such as protection from all forms of violence in injury or abuse, neglect or negligent all settings through effective, treatment, maltreatment or competent and well-resourced child exploitation, including sexual abuse”, 2 Hameed, S., Hlatshwayo, S., Tanner, E., Turker, M., & Yang, J. (2010). Human Trafficking in India: Dynamics, Current protection systems. The specific Efforts, and Intervention Opportunities for the Asia Foundation: Stanford University. and which calls for other forms of objectives of its policy are to enhance 3 See Plan International. (2011). Context Analysis of the Child Trafficking Situation in India, Bangladesh and Nepal. prevention as well as procedures for the capacities of duty bearers at 4 The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (also referred “identification, reporting, referral, different levels with a view to to as the Trafficking Protocol or UN TIP Protocol) is a protocol to the Convention against Transnational Organised investigation, treatment, and follow-up establishing and strengthening child Crime. Available at http://www2.ohchr.org/english/law/protocoltraffic.htm. of instances of children maltreatment”. 5 Mazud Ali, A. K. M. (2005). Treading along a Treacherous Trail: Research on Trafficking in Persons in South Asia. protection systems to prevent violence International Migration, 43(1/2), 141 –164.
4 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 5 INTRODUCTION Core Principles against children and to respond to responded to when they occur, but trafficking, and information exchange include them in the programme. This child protection issues in the best that steps are taken to prevent abuse should be transparent and timely. This should not be as mere beneficiaries but interest of every child; to establish, in the first place. means continuous engagement with as active participants in the process of sustain and scale up effective children and their guardians at implementation at community level. community-based child protection 2. Holistic approach community level so that they become mechanisms to contribute towards fully International organisations are empowered to respond to and 6. Confidentiality functional national child protection increasingly turning to a systems ultimately eradicate child trafficking. The holding of personal information systems; to ensure meaningful approach in their efforts to establish It also calls for the development of about children and families brings with involvement of children, particularly and strengthen child protection mechanisms that are accessible to it a duty to ensure that the dignity, those from excluded and marginalised programmes.7 Instead of focusing on children and young people who are well-being, or privacy of the individual groups, in their own protection; and to approaches targeting single issues like at risk or are already victims is not undermined through the conduct advocacy with duty bearers child trafficking, child labour or HIV/ of trafficking. disclosure of the information, or for the establishment and enforcement AIDS, the systems approach promotes through a failure to protect it. The of child protection legal and policy a holistic view of child protection that 4. Gender sensitivity safety, well-being, and protection of frameworks and allocation of resources engages the full range of actors Particular attention is given to the the child are the primary to ensure fully functioning child involved in protecting a child’s rights. ways in which women and girls act and considerations. For this reason, it is protection systems are in place. are treated in their communities and important to ensure that any 3. Child participation in places where they are vulnerable or information that is shared is necessary The development of robust The MCA programme assumes children at risk. Full participation of girls is for the purpose for which it is programming guidelines on child and young people to be equal partners essential, and in order to achieve this, intended, that it is shared only with protection by Plan will add to the in the initiative rather than simply the MCA must incorporate an those people or organisations that consistency and coherence of the MCA passive recipients of benefit. In keeping understanding of gender stereotypes in need to have it, that it is accurate and interventions. It is clear from work with a rights-based approach, their society, and must take cognisance of up-to-date, and that it is shared in a done at regional level6 that Plan is participation is an integral part of the the impact of discrimination and timely and secure manner. committed to promoting and programme and is expected to take gender roles. integrating a rights-based approach as place not only at implementation level 7. Transparency, Integrity and a foundation for all child protection but also at programme management 5. Inclusiveness Accountability interventions. In addition, there is an and programme governance levels.8 An inclusive approach not only means All responsible parties should be held emphasis on the need for initiatives that diverse individuals and groups are to account for their performance in that are geared towards meeting the Children’s participation should go involved, but also that the perspectives order to ensure continual improvement rights and needs of children who have beyond mere formal consultation, and and contributions of all people are and ongoing learning in pursuit of suffered harm to also include activities should be active, free, and meaningful. valued, and that the needs, assets and common goals. To achieve this, focused on prevention. This ensures Processes and structures should be perspectives of all affected appropriate impact assessment that not only are situations of abuse accessible to children affected by communities and stakeholders are measures should be applied to all incorporated into the design and plans, proposals, policies, and implementation. programmes to determine if the 6 See ‘Safe and Sound – Growing up with Protection’. Child Protection Programme Framework produced by Plan desired progress is being made by International – Asia Regional Office. Every effort should be made to reach 7 the MCA programme in terms of Wulczyn, F., Daro, D., Fluke, J., Feldman, S., Glodek, C., & Lifanda, K. (2010). Adapting a Systems Approach to the most marginalised, excluded, Child Protection: Key Concepts and Considerations. New York: UNICEF. child protection. disadvantaged groups of society and to 8 See Plan International. (2012). The ‘Missing Child Alert’: Inventing technology to end cross-border trafficking of boys and girls from Bangladesh, Nepal to India Regional Proposal: ‘Missing Child Alert’.
6 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 7 INTRODUCTION Feasibility Study Objectives and Approach
Transparency is a necessary including technology providers, to 3. to outline the legal, financial, social Figure 1: Phased approach to cross-border precondition for the exercise of ensure this is the case. and political context as relevant child trafficking response system accountability since without access to the design, establishment, to clear, accurate and up-to-date 8. Sustainability management and sustainability of Feasibility Report information it is impossible to judge Plan’s Asia Regional Office (ARO) the MCA system; whether the desired outcomes of emphasise that in any project, Pilot Phase an intervention are being achieved. consideration should be given to the 4. to liaise with key actors in order to This requires openness and effective potential that exists for scaling up the understand their ICT usage and data assets, and to examine how an communication in all aspects of work and to its sustainability. They also Regional Intervention the project. note that entry points should be MCA system would complement identified to advocate for the their working practices and ICT These result areas are: the prevention For multi-stakeholder initiatives like establishment and development of capacity while ensuring a and protection of children from being the MCA programme, integrity is also sustainable mechanisms to ensure sustainable business model that trafficked in source areas and during an important consideration. This refers structures and systems are in place to would ideally provide this service transit; the establishment and to the honesty or trustworthiness of prevent, protect and reintegrate for free; institutionalisation of a technology those involved in delivering a service. children at risk, or those who 5. to create a specification document enabled alert system; repatriation, Processes of due diligence should be experience violence, abuse of harm. undertaken with all responsible parties, that outlines the functionality and rehabilitation and reintegration of high level architecture of a missing victims of cross-border child child alert system, and makes trafficking; and advocacy to strengthen 1.3 Feasibility Study Objectives and Approach recommendations in relation to its regional instruments and policies to implementation; ensure justice.
6. to outline the likely implementation While the findings and and running costs of such a system recommendations of this feasibility at a high level, paying special study impact on all four result areas, attention to network costs; the primary focus is on the establishment and institutionalisation 7. to recommend a timeframe and of a technology enabled system to The overall aim of this study is to constraints, and risks associated next steps for development of a track, trace and facilitate the examine the feasibility of establishing a with the establishment, on a pilot missing child alert system, looking repatriation of child victims of technology enabled missing child alert basis, of a cross-border missing specifically at whether it is feasible cross-border trafficking. This system, initially on a pilot basis, and to child alert system covering (i) to build a basic functional system overarching system could potentially outline a roadmap that can lead to an selected parts of Bangladesh, using an existing system, and (ii) to consist of national (in-country) systems, expanded child protection system India and Nepal; stagger the development such that as well as mechanisms for inter-state covering the entire SAARC region. an early but limited functional collaboration. These inter-state Seven specific objectives were 2. to identify existing alert systems, release could be utilised to prove mechanisms require the establishment identified for the study: both cross-border and national, and the viability of the system. of some form of cross-border child to assess their value as a basis for The overall MCA programme is trafficking (CBCT) response system. 1. to provide Plan with a solid the foundation of a missing child The primary focus of the MCA overview of the opportunities, alert network in South Asia; envisaged as having a range of activities linked to four result areas. programme is on this CBCT response
8 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 9 INTRODUCTION Feasibility Study Objectives and Approach system but the dependency on the through solid academic research, based in-country missing child systems is such on consultation with practitioners A Systems Approach to Child Protection that they cannot be ignored. around the world. A system is a collection of components or parts organised around a common This feasibility report is intended to Appendix 1 provides a more purpose or goal. As the MCA’s goal is improved protection of children from trafficking and exploitation it can be described as a child protection system. lead to the establishment of a pilot comprehensive description of the project which will be undertaken methodological framework. System components can be best understood in the context of relationships with in selected parts of Bangladesh, each other rather than in isolation. Several key elements of systems apply to child Nepal and India. This will, in turn, Pilot Project protection systems (Wulczyn et al, 2010). These include the following: lead to the launch of a broader The pilot project plans for each of the ● systems exist within other larger systems, in a nested structure. Children are regional intervention. three countries are as follows: embedded in families or kin, which live in communities, which exist within a wider societal system. A systems approach known as DEMIR™ 1. Bangladesh: The project will be (Definition – Exploration – Modelling – implemented in a total of 20 unions ● given the nested nature of systems, attention needs to be paid to coordinating the interaction of related systems so that their work is mutually reinforcing. Implementation – Review) is used to across five upazilas9 in the border provide a methodological framework belt districts of Jessore and ● systems accomplish their work through a specific set of structures and for the feasibility study. This assumes Satkhira. Women and children are capacities, the characteristics of which are determined by the context in which that any system can be best routinely trafficked through these the system operates. In the case of cross-border child trafficking, the context understood by examining the areas into West Bengal in India. varies between countries, government departments and in some cases even relationships between the component The upazilas selected are Sharsha interventions. parts and with other systems, rather (4 unions) and Jessore Sadar ● changes to any system can potentially change the context, while changes to the than in isolation. (4 unions) in Jessore, and Satkhira context will change the system.
Sadar (4 unions), Kaligonj ● DEMIR™ was developed at Leeds well-functioning systems pay particular attention to nurturing and sustaining (5 unions) and Kolaroa (3 unions) acts of cooperation, coordination and collaboration among all levels of Metropolitan University to address the in Satkhira. stakeholders. challenges faced when seeking to implement technology enabled 2. Nepal: Three districts in which ● systems achieve their desired outcomes when they design, implement, and systems in complex or ‘messy’ social Plan is already implementing sustain an effective and efficient process of care in which stakeholders are held contexts. It consists of five stages, anti-trafficking programmes have accountable for both their individual performance and the performance of the overall system. three of which cover the feasibility been selected. These are study itself, and two of which can be Makwanpur, Banke and Morang. ● effective governance structures in any system must be flexible and robust in used to guide the subsequent pilot Two of these (Banke and Morang) order to cope with uncertainty, change, and diversity. project. The DEMIR™ framework border India, and while Makwanpur The adoption of a systems approach means that the challenges presented by the facilitates inclusion of a wide range of is not a border district, it has high MCA initiative are addressed holistically. The roles and assets of all the key actors, perspectives in the feasibility study and levels of trafficking and is close to including governments, NGOs, community structures, families and caregivers, is consistent with the core principles the border. technology providers, and most importantly children themselves, are all taken outlined already. It has been developed into consideration.
9 The districts of Bangladesh are divided into sub-districts called Upazila Parishads. These in turn are divided into Union Parishads.
10 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 11 INTRODUCTION Methodology
3. India: Missing children information These parts have been selected based Figure 2: Stakeholder mapping template will be gathered from 23 border on existing knowledge of frequently district areas, spread across the used cross-border trafficking routes, states of Uttar Pradesh and Bihar, and the capacity of Plan and its partner both of which border Nepal, and NGOs. In the case of each country, Technology Providers West Bengal which borders the selected areas present strategic Bangladesh. It is proposed to send advantages for regional collaboration. alert information in the first In particular, it is anticipated that Plan instance to transit intervention working in the border districts will points in New Delhi, Mughalsarai, make it easier to enhance cross-border Katihar, New Jalpaiguri, Malda coordination and border monitoring. Children 12 3 Town and Guwahati, and in the second instance to destination areas across the country.
1.4 Methodology Regional/International Agencies
State service providers/ Civil society/ government authorities non-governmental
and communication technologies stakeholder mapping template shown (ICTs), the legal landscape, the role of in Figure 2. This consists of three various governmental, regional and peripheral orbits, with children who The research for this report consisted cross-border child trafficking response inter-governmental bodies and have been trafficked or are at risk of of a series of activities undertaken system is expected to achieve, to mechanisms. It also included analysis of being trafficked as the primary to address the study objectives. outline the scope of the pilot project, reports from government ministries, stakeholders at its core.10 These activities were organised into and to reach some broad human rights commissions, national three stages using the DEMIR™ understandings of what needed to be child protection commissions and other Orbit 1 consists of Plan International’s framework, namely definition, done during the feasibility study. such bodies. country offices (CO’s) in India, exploration and modeling. Bangladesh and Nepal, its Asia The methods used to achieve this In the course of the definition stage, Regional Office (ARO), and the 1.4.1 Definition consisted of desk research and primary key stakeholders were identified and National Office (NO) in the data collection. In the case of the classified in accordance with the Netherlands. The main objectives of the first stage former, a contextual analysis of each of of the investigation were to map the the three target countries was key stakeholders from governmental, undertaken. This included an inter-governmental and examination of key documentation on 10 A fourth orbit has also been identified for the wider MCA programme. This consists of the institutional donors non-governmental sectors, to identify issues of cross-border trafficking, like the EU, DFID, SIDA, and USAID, as well as the UN treaty monitoring bodies (such as the CRC Committee). the different perspectives on what the These stakeholders are important in terms of bringing international pressure to bear on State parties to adopt factors affecting the use of information and embrace the MCA concept.
12 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 13 INTRODUCTION Methodology
Orbit 2 contains organisations July 11th to 13th 2012, at which 1.4.2 Exploration Finally, a number of interviews were responsible for the day to day representatives from the Plan target conducted with regional and The exploration stage provided an implementation of activities linked to country offices, ARO and the National international agencies, and with opportunity to capture the the MCA programme objectives. Office in The Netherlands participated. authorities that had experience of perspectives of a wide range of This is comprised of three parts. The implementing missing child alert stakeholders, and to consult with first contains state service-providing This consultation was enhanced systems. These focused on issues technical and child protection experts agencies and government authorities. through the preparation of proposal relating to inter-State cooperation in the region. Interviews were documents by each of the three Plan and sustainability. The second is civil society, meaning the country offices (India, Bangladesh and conducted with more than 50 groups and organisations that occupy Nepal) and by the Regional Office.12 organisations between the months of A full list of interviews is provided in a position between the household, August and November 2012, with Appendix 2. the state and the private sector.11 Finally it is important to note that all follow-up discussions taking place as This includes non-governmental three countries have a significant required. These interviews covered 1.4.3 Modelling organisations (NGOs) and history of involvement of children’s Orbits 2 and 3 of the stakeholder map groups and clubs in different aspects of shown in Figure 2. In the state sector Initial findings from the exploration community-based organisations (CBOs) stage were presented and discussed as well as academic institutions, child protection. While these are part those consulted included police, child of the core or heart of the stakeholder welfare officials, government with the Plan MCA programme faith-based groups and media regional coordinator and the country organisations. The third part consists of map, this research has not had an ministries, local and municipal opportunity to consult with them government officials. In the civil office representatives. This took place private sector companies that have the th directly. However any MCA society sector it covered local and at a review meeting in Dhaka on 27 potential to provide technological and 28th August 2012. components or other required services intervention must ensure that children national NGOs working in the area of to enable the implementation and become truly engaged as subjects in child protection, as well as CBOs. At the review meeting, tentative operation of the system. their own right, bearing in mind that Technology providers in each of the models were presented for the they do not hold ultimate responsibility in-country missing child and CBCT Orbit 3 covers organisations and for their own protection which still three countries were also interviewed in order to gain an understanding of response systems, leading to increased networks that are working regionally remains with adults. It is therefore clarity around the areas requiring to ensure cooperation among state important to involve children’s groups local capacities and the technological opportunities and constraints. further exploration. Further analysis of parties. – some of which already play an the findings from the exploration important part in community-based A number of regional and global The primary data collection during the solution providers were also consulted. stage, which are presented in the next surveillance groups (in Nepal and India section, resulted in the definition stage consisted of in-depth at least), so that the MCA can build on The objectives here were to identify discussions with the Orbit 1 potential technology partners and recommendations and roadmap their existing efforts rather than outlined in Sections 3 and 4. stakeholders. This was done through starting from scratch. to assist in the process of developing a kickoff workshop held in Delhi from a blueprint for the pilot phase of the project.
11 From http://www.dfid.gov.uk/what-we-do/who-we-work-with/civil-society/. 12 See Plan Bangladesh. (2012). The Missing Child Alert: Fight against Crossborder Trafficking: Bangladesh Country Proposal: Plan Bangladesh, Plan India. (2012). Proposal on Missing Children Alert in India with a Special Focus on Cross Border Trafficking from Nepal and Bangladesh: Plan India, Plan International. (2012). The ‘Missing Child Alert’: Inventing technology to end cross-border trafficking of boys and girls from Bangladesh, Nepal to India Regional Proposal: ‘Missing Child Alert’, Plan Nepal. (2012). Missing Child Alert System: Combating Cross-Border Child Trafficking Plan Nepal Country Proposal (2012-2014): Plan Nepal.
14 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 15 Research Findings and Analysis 2
Plan / Niels Busch 17 RESEARCH FINDINGS AND ANALYSIS The Legal, Political and Bureaucratic Landscape
There are already many nested and the programme and is accountable to For each of these an initial list of issues and examined during the exploration overlapping child protection and the donor for the duration of the pilot was drafted. These were elaborated on phase. anti-trafficking systems in the South phase, consideration needs to be given Asia region, including regional to embedding the programme in initiatives and networks, government a broader institutional mechanism in 2.1 The Legal, Political and Bureaucratic Landscape efforts and non-government the long term. interventions. As a system that sits in both the child protection and The Delhi workshop also highlighted anti-trafficking space, the MCA the need for a qualitative analysis of programme must identify and interact the situation relating to the with existing and emerging systems in cross-border trafficking of children and both areas. It must also interact with the use of technology to track and a range of existing and future systems resolve individual cases. Participants at national level, including birth expressed their preference for this There are a number of international In 2002 the SAARC member States registration systems. Consequently the approach during the pilot phase, legal instruments relating to child adopted the Convention on Preventing CBCT response system must be rather than the establishment of a trafficking. These include the UN and Combating Trafficking of Women planned, designed and implemented quantitative baseline and indicators. Convention against Transnational and Children for Prostitution, known as with these in mind. Consequently, the focus for this initial Organised Crime (UNTOC) and the the SAARC Trafficking Convention. phase should be on lessons learned associated Protocol to Prevent, This came into force in 2006. It obliges The Delhi workshop drew attention to rather than numbers of Suppress and Punish Trafficking in state parties to enter into bilateral a number of important considerations. beneficiaries covered. Persons, Especially Women and agreements for cooperation in order to Firstly there is the complex nature of Children; the UN Convention on the prohibit the trafficking of women and cross-border trafficking, and in Emerging from the workshop Rights of the Child and the Optional children, and to exchange pertinent particular, the legal aspects of inter- discussions, five key areas were Protocol on Sale of Children, Child information. However the SAARC 13 State cooperation and information identified. These are: Prostitution and Child Pornography; Trafficking Convention is primarily flow. Secondly the importance of data ● The legal, political and bureaucratic the Convention for the Elimination of a criminal justice instrument that aims security in relation to child protection landscape All Forms of Discrimination Against to ensure states parties adopt the must be considered. Thirdly there is Women; the ILO Minimum Age necessary legislative and other ● the need to ensure that technological Information management and child Convention (No. 138); and the ILO measures to criminally investigate, solutions do not preclude linkages with protection Convention on the worst forms of child prosecute, and punish alleged existing systems for tracking, tracing, ● Technological development labour (No. 182). Plan has already traffickers at national level, while also and referral, and that they reflect identified the need to harmonise promoting regional law enforcement ● Stakeholder involvement and current and future technology trends domestic legislation in India, cooperation to achieve this same end. governance in South Asia. And fourthly, while Plan Bangladesh and Nepal with the A main emphasis of this Convention is has already committed resources to ● The long-term vision for the international standards set by these. to promote criminal justice cooperation MCA programme In particular the UNTOC and its among member States, since lack of Protocols need to be fully ratified in communication and cooperation is order to support a more uniform recognised as a barrier to effectively
13 The workshop report is available from the Plan Regional Office. [Damle, A. (2012). Key Lessons and Plans system to combat both internal and suppressing transnational crimes, Missing Child Alert (MCA) – Commencement of Feasibility Study: Kickoff Workshop, 11 – 13 July 2012, cross-border trafficking. including cross-border trafficking. Delhi: Plan International.]
18 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 19 RESEARCH FINDINGS AND ANALYSIS The Legal, Political and Bureaucratic Landscape
However the Convention defines the and action projects (like the Post at combating and addressing progress in this area. A Joint Plan of term ‘trafficking’ very narrowly and Rescue Operations & Victim Witness trafficking.16 Nonetheless, effective Action for the Rescue, Recovery, focuses on trafficking for prostitution Protection – Mumbai). The RAF also coordination between stakeholders Repatriation, and Integration (RRRI) of and sexual exploitation. In addition, tried to influence the SAARC involved in efforts to combat child Child Victims of Trafficking between there are no special provisions made Trafficking Convention and process, trafficking remains a challenge, even at Bangladesh and India18 is one of the under the convention for dealing with although it lacked the locus standi of national level. As Plan note, “[l]limited few examples of bilateral efforts in this the trafficking of children. UN agencies like UNICEF or UNIFEM. resources and lack of cooperation, regard. In Bangladesh the Ministry of often compounded by limited Home Affairs has developed a SOP for There have been a range of other These networks maintained a very understanding of the situation at both the repatriation of trafficked women efforts to address trafficking in South good rapport with their governments conceptual and ground level have and child victims between Bangladesh Asia over the last decade. These have and the UN agencies, and worked presented considerable constraints to and India. Across the border in India, included initiatives by UN agencies like excellently as multidisciplinary groups effective action”.17 While there has the states of West Bengal and UNICEF, UNIFEM (merged into UN on a wide variety of dimensions and been an increase in awareness of Maharashtra have a different SOP that Women in 2011), UNODC and UNDP; frontiers. Many of the initiatives were trafficking at government level, and they are following under the Ministry State-based networks formed by supported directly or indirectly by greater allocation of financial and other of Women and Child Development. leading anti-human trafficking massive US government’s resources by governments, UN The Ministry of Home Affairs in organisations; donor driven networks anti-trafficking aid under its Trafficking agencies, and international donors, Bangladesh and their counterparts in such as the South Asia Forum Against in Persons (TIP) programme which there is still a scarcity of services such the Ministry of Home Affairs in India 14 Human Trafficking (SAFAHT) and the stopped around 2009. An acute as trauma counselling, legal aid and have now drafted a unified Regional Action Forum set up by the shortage of external and internal specialised health services. Indo-Bangladesh SOP under the Academy for Educational Development funding subsequently led to Centre-State Division for both (AED); as well as South Asian competition among civil society As part of the coordinated regional countries, and this is awaiting signature 15 networking initiatives like ATSEC. groups, thereby resulting in a much response to trafficking, the by the high officials of the nodal reduced level of cooperation among governments have now committed to ministries in both countries.19 The Regional Action Forum (RAF) the active organisations. However the the implementation of Standard supported by AED resulted in a art of domestic and cross-border Operating Procedures (SOPs) for In 2005 the South Asia Initiative for significant amount of democratic and networking was not lost. It continued, effective implementation of the SAARC Ending Violence against Children open interaction among the not on a broad regional level, but Trafficking Convention. To date there (SAIEVAC) was set up. This is an anti-human trafficking organisations in through smaller, more focused efforts has been some, but not a great deal of, institutional structure comprising of South Asia and also came out with within countries and across borders. a number of regional protocols, software-based solutions (for example, In India, Bangladesh, and Nepal there the Mumbai Victim Tracking Registry) are now national plans of action aimed 16 In India the Ministry of Women and Child Development, which is the nodal agency dealing with human trafficking at national level, launched an Integrated Plan of Action to Prevent and Combat Human Trafficking With Special Focus on Women and Children in 2008. In Bangladesh the Ministry of Home Affairs published the National Plan of Action for Combating Human Trafficking 2012-2014 in January 2012. And in Nepal a National Plan of Action against Trafficking in Persons, Especially Trafficking in Women and Children 2068 (AD2012) was launched by the Ministry of Women, Children and Social Welfare in 2012. 17 14 The South Asia Forum against Human Trafficking (SAFAHT) is a network organisation covering India, Pakistan, Plan International. (2011). Context Analysis of the Child Trafficking Situation in India, Bangladesh and Nepal. Nepal, Sri Lanka and Bangladesh. It was initiated and supported by UNIFEM and ATSEC in Delhi. 18 This joint plan of action was developed in 2007 by government and NGO stakeholders from Bangladesh and India, 15 ATSEC was a South Asian initiative at networking that emanated from Bangladesh but could not command the with the help of UNICEF. required leadership and hence remained a BD network. Some of its partners in India formed ATSEC India which 19 This was progressed at the 3rd Meeting of the India-Bangladesh Task Force on Human Trafficking which was held also ran into difficulties due to the lack of independent leadership and democratic functioning. in Cox’s Bazar on December 8-9, 2012.
20 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 21 RESEARCH FINDINGS AND ANALYSIS The Legal, Political and Bureaucratic Landscape the eight SAARC countries, operating The potential for the MCA programme person a slave or bonded labourer, Nonetheless since the criminal justice at regional, intergovernmental level. to work with SAIEVAC is discussed in arranging or causing forced or child system is largely confession oriented in Its activities are decided by Board a later section on Stakeholder labour, as well as acts which tend to be Nepal, investigations do not attempt Members representing member Involvement and Governance. committed within the trafficking to establish objective and scientific countries and other stakeholders, context. More recently, the Interim evidence relating to violations of and its coordination is managed by a As is noted in the UNODC’s legal and Constitution of 2007 guarantees basic human rights. The lack of objective permanent Regional Secretariat hosted policy review of responses to human human rights including freedom from evidence may lead to prosecuting the by the Government of Nepal. SAIEVAC trafficking in Bangladesh, India, Nepal human trafficking, exploitation, forced wrong (possibly innocent) person, is now the SAARC apex body for and Sri Lanka (UNODC, 2011), the labour, slavery and servitude, and the which in turn affects the credibility of children and is backed by UNICEF. primary tools used by governments right to constitutional remedy. the justice system. Offenders often As such, any regional child protection in the South Asia region to combat avoid prosecution since confessions are initiative should not ignore or cross-border trafficking is their own Anti-human trafficking laws have also not always accepted as independent undermine its presence and activities. domestic legislations. There are two been established in the country. evidence for convictions, and courts main reasons for this according to the The main instruments are the Human may give the benefit of the doubt to Indeed from the SAIEVAC 2010 – 2015 report. One is because the legislations Trafficking and Transportation (Control) the accused.21 Furthermore victims, 20 Workplan one can see that there are are set in the criminal justice mode and Act of 2007 (HTTCA), and the Human especially women, may be subjected to both opportunities and gaps that are have clearly identifiable crimes with Trafficking and Transportation (Control) extreme vulnerability within the justice pertinent to the MCA programme. their consequential punishments. Rules of 2008. The HTTCA prohibits system. Male dominant police stations In particular the strategic objective The other is that the criminal justice both internal and transnational and unfriendly environments, relating to data collection does not systems of the countries are geared trafficking in persons, and covers both especially for women and children, include comprehensive data gathering towards enforcing domestic law. sex and labour exploitation. Even often prevent them from filing a case or data matching mechanisms for though the law is seen as a strong and with the police. missing or found children, although it Here, a closer look at the legal and progressive legislation there are does note the need for national political landscape at national level loopholes and it is not very effectively In relation to child trafficking there is databases and for regional standards highlights further challenges and implemented. The definition of another area of concern. Laws related to ensure comparability of data. And opportunities linked specifically to trafficking adopted by the law, though to rights of the child, particularly the while trafficking is identified as a key each country. For further country partially compliant with the UN Children’s Act of 1992 and the Child issue (along with early marriage, sexual analysis the UNODC (2011) report Protocol on Trafficking, places undue Labour (Prohibition and Regulation) abuse and exploitation, corporal is recommended. importance on sex trafficking. It also Act of 2000 which prohibits the worst punishment and child labour), the issue fails to address issues like the forms of child labour, define a child as of children who go missing as a result 2.1.1 Nepal prevention of trafficking, witness any person under 16 years of age of being trafficked across a border is In 1963 with the adoption of the protection, repatriation of victims, rather than 18 which is the more not addressed, nor is their repatriation. Muluki Ain (Civil Code), Nepal and the immigration status of foreign widely accepted definition laid down There is scope therefore for further established trafficking in persons as victims in Nepal. by the CRC and other international advocacy to strengthen SAIEVAC’s a crime. In addition, the Muluki Ain instruments. agenda and workplan. also criminalises making another The HHTCA is considered to be a strong and a victim friendly law.
20 The South Asia Initiative to End Violence Against Children (SAIEVAC) Workplan 2010 - 2015 is available at 21 ABA Rule of Law Initiative and Center for Legal Research and Resource Development. Human Trafficking http://www.saievac.org/category/resources/saievac-resources/workplan/. Assessment Tool Report for Nepal. Washington, DC: American Bar Association. 2011.
22 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 23 RESEARCH FINDINGS AND ANALYSIS The Legal, Political and Bureaucratic Landscape
Nonetheless the government of Nepal In 1998 the Nepali government effective when there is a need to shall adopt effective measures to has adopted policies to govern produced its first National Plan of combine expertise and programmes, prevent prostitution and has identified trafficking and has established Action against Trafficking in Women for example, in response to a rescue prostitution as an institutional mechanisms to address the and Children and their Sexual request. It has also helped to raise a anti-social act. With regard to legal issue. The government has adopted the Exploitation. This was revised in 2001, collective voice in advocacy status of trafficked and missing regional framework to jointly address and in 2012 a new National Plan of campaigns. The Alliance Against children, parents and guardians are the problem with other member Action against Trafficking in Persons, Trafficking in Women and Children in becoming more likely to approach the countries of South Asia, and also bears Especially Trafficking in Women and Nepal (AATWIN) and the National police for assistance. However parents an international commitment to Children was published by the Ministry Network Against Girls Trafficking in the poorer areas of the country from prevent trafficking by being party to of Women, Children and Social Welfare (NNAGT) are two prominent networks which the majority of children go the relevant international laws. But (MWCSW) which is the highest focused on trafficking in Nepal. missing often tend to first look to their despite the legal framework that is in governmental authority with However the networks have not been relatives for assistance with finding the place, actions aimed at meeting the responsibility for addressing trafficking able to effectively enhance children. According to one experienced objectives of these mechanisms have issues. Plan provided technical and coordination or to avoid duplication of social worker in Jessore, reporting to been limited mainly due to a lack of financial assistance for the drafting of programmes among the various NGOs the police may not occur for two or political commitment. Even within the the National Plan of Action (NPA) working on trafficking. Furthermore, three days. And in some cases parents SAARC framework, Nepal has not been which has five major components: ideological differences between the may be more inclined to meet with able to work effectively in alliance with prevention; protection; prosecution; members and/or networks pose journalists or to inform NGOs like, for India or other countries to address capacity development; and constraints in working together. The example Rights Jessore, who they trafficking. Quarterly joint meetings coordination, cooperation and networking is also obstructed by the believe might be able to help. are held between representatives of collaboration at national and regional lack of will to hold regular meetings the Nepal Police and the Armed Police levels. The MCA programme falls and discussions and to jointly plan and When a missing child is reported to the Force of the border districts with their primarily under the protection implement anti-trafficking police the normal procedure is to log a counterparts in India but while the component. programmes. general diary entry. A first information meetings focus on cross-border report (FIR) is required if/when a case security, they rarely address trafficking Like a number of other countries in the 2.1.2 Bangladesh is being processed, accusing a region, including Bangladesh, Nepal suspected trafficker. However if the in persons. Furthermore, the gathering Bangladesh has also ratified a range of and sharing of information is has experienced political instability missing case seems to be a trafficking over recent years. This has a negative human rights instruments, conventions case the police are often reluctant to complicated since Nepal does not have and declarations that explicitly or an institutionalised mechanism for impact on bureaucratic register it. decision-making processes in the implicitly address trafficking and seeks mutual legal assistance in criminal to take measures to combat trafficking At government level trafficking has matters nor does it have bilateral country, as well as the political willingness to address issues like child and missing in women and children. been prioritised as a key social issue to enforcement cooperation. At the local These include the CRC, CEDAW, ILO be urgently addressed. They have level efforts are made to address the trafficking. Nepali NGOs working to address trafficking have been quite Convention No.182, and the SAARC formed a National Anti-Trafficking issue through meetings between the Trafficking Convention. The Committee led by the Secretary of the border police of India and Nepal but active in their interventions but their success and achievement is hampered Constitution has not defined the term Ministry of Home Affairs to monitor these initiatives are not replicated at ‘trafficking’ as such, but related the progress of activities led by the the higher level. by the ever growing magnitude and severity of the problem. Networking matters have implications for various ministries and departments to among these organisations can be trafficking. In particular Article 18 of combat trafficking in Bangladesh. the Constitution says that the state A Government-NGO National
24 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 25 RESEARCH FINDINGS AND ANALYSIS The Legal, Political and Bureaucratic Landscape
Coordination Committee for Trafficking in Women and Children was also The MCA programme should work Child Trafficking in Satkhira and Jessore (Bangladesh) established, comprised of with other NGOs to sensitise and Child trafficking is a widespread issue in Bangladesh with Satkhira and Jessore representatives from the Ministry of change the attitude of the law districts being the most vulnerable places. Located in the south-west of the Home Affairs, Ministry of Foreign enforcement authorities so that country, these areas are not well developed in terms of education, culture and Affairs, the Ministry of Women and missing children who are thought economic development. Furthermore, the people are susceptible to religious Children Affairs (MWCA), the Attorney to be trafficked are properly superstition, ignorance and patriarchy. There are close cultural links and easy General’s Office and NGOs involved in recorded, and that families are able communication with the parts of India just across the border, and as a result of to report immediately to them. monitoring and implementing failure or inability of the enforcement agencies to implement the law, thousands of This needs to be linked to people, including children, are able to cross the border daily. programmes to combat trafficking. awareness raising campaigns at The Ministry of Expatriate Welfare and community level. Brokers who have been facilitating unlawful crossings of the border have discovered Overseas Employment operates that human trafficking can be a profitable business. As a result they have formed shelters for female Bangladeshi victims Further work also needs to be done networks that are strengthening day by day, with the practice going hand in hand of trafficking and exploitation overseas, to examine the need to strengthen with cow trading, drugs and arms smuggling and other forms of illegality and violence. the law in relation to the recording although none of these shelters are of missing children who may have Many initiatives have been undertaken with involvement from government, NGOs located in India. been trafficked. and civil society representatives from Satkhira and Jessore. But the number of trafficking incidents is increasing day by day, with local daily local newspapers In February 2012 a new law entitled routinely reporting violence with trafficking. The Human Trafficking Deterrence and Suppression Act 2012 was enacted in different levels to support the Research aimed at understanding the India – Bangladesh border situation was Bangladesh. This Act generally implementation of these. conducted as part of this feasibility study. It looked at how prone to child trafficking prohibits and punishes all forms of these areas are, as well as the level of awareness of the issue, and it made Nonetheless there are currently no recommendations aimed at prevention. The research concluded that child human trafficking. In 2012 the Ministry government agencies dedicated to trafficking will not be stopped in the near future but that there are steps that can of Home Affairs also introduced a the addressing the issue of missing be taken by government, NGOs and society in general to decrease it gradually. three-year National Plan of Action for children. As a result, for female These steps include awareness programmes in communities to stop child Combating Human Trafficking on children in particular many NGOs trafficking, developing linkages with the different level of society, providing behalf of the Bangladesh government. who are engaged with repatriation facilities for rescued child trafficking victims so that they do not become re- This is intended to prevent human victimised, stricter bail conditions for the traffickers, establishing a preventive tasks maintain their own records trafficking and to protect trafficking committee, and putting in place measures to convince the traffickers not to engage and facilitate rescues even in victims. As part of this initiative the in such work. other countries. government have said they will take Within the child trafficking networks, brokers, Ghat Maliks (people who run illegal initiative in five key areas – prevention, 2.1.3 India places to cross cows, goods and people in the border area) and members of the law protection, prosecution, participation enforcement agencies are all very active. These networks are widespread and the and monitoring. As in the case of The Government of India prohibits people involved wield significant power. To repel them it is necessary to build a powerful Nepal, the MCA programme activities some forms of trafficking for social movement from the grass root level of the community. This needs to include are particularly relevant in the area of commercial sexual exploitation through civil society, religious leaders, law enforcement agencies, political leaders and local protection. The MWCA and the the Immoral Trafficking Prevention Act representatives. Government should also take a proactive role in supporting networks Ministry of Social Welfare have also (ITPA). India also prohibits bonded and and initiatives designed to eradicate the scourge of child trafficking. engaged in several activities to address forced labour through the Bonded The research report, Child Trafficking along the India - Bangladesh Border: A Research Study, is available as the growing trend of trafficking of Labour Abolition Act, the Child Labour a separate document. children. NGOs have been involved at Act, and the Juvenile Justice Act.
26 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 27 RESEARCH FINDINGS AND ANALYSIS The Legal, Political and Bureaucratic Landscape
As the main child trafficking it published an Advisory on missing It is also important to note that while destination country in the area, the children, which presented measures the MHA have started to interact with Effective, child-centred repatriation country is pivotal to the success of the needed to prevent trafficking and to civil societies intermittently over the procedures are required between MCA programme, and the trace victims.22 It noted that the issue last decade, the Ministry of Foreign India and Nepal (currently government’s willingness to put of missing and untraced children, Affairs is less accessible than the others non-existent) and India and policies and systems in place to address based on police records, is a matter of for civil society organisations. Bangladesh (not properly cross-border trafficking is essential. deep concern to the Government of implemented) India, and that it requires a concerted In India the National Commission for The Ministry of Women and Child and systematic attention of central and Women (NCW) has been pro-active Development (MWCD) has developed state governments. It also noted that and shown some initiative in relation rescued child. Currently in India if a an Integrated Plan of Action to Prevent since missing children are exposed to to young and adult women. It has also rescued person is an alien they are also and Combat Human Trafficking with high risk situations, they are vulnerable been to the fore in proposing booked under legislation dealing with Special Focus on Children and Women. and fall prey to crimes of exploitation amendments to anti-trafficking passports or foreigners if he/she fails This plan promotes community-based and abuse, including human trafficking, legislation. However the National to produce the appropriate documents initiatives to prevent trafficking, such and that it is necessary for effective Human Rights Commission (NHRC) like passport, work permit, visa etc. as awareness-raising programmes steps to be taken for investigation of has been less to the fore, as has the There is no well-defined protocol for directed to particularly vulnerable cases relating to missing children and National Commission for the repatriation of trafficked Nepali communities and the involvement of the tracing of these children. Protection of Child Rights. While the children from India to Nepal. Indeed communities to act as watchdogs and NHRC produced a national level report the process differs from State to State informants on traffickers and In addition to the MHA and the of Action Research on Human in India on the way they deal with exploiters. A multi-stakeholder MWCD, the Ministry of Foreign Affairs Trafficking in 2004, the MCA Nepali children. NGOs have observed approach to trafficking prevention is is also important in the context of the programme will have to evolve an that missing and found cases are proposed, involving central (national) MCA programme. But with them, as appropriate strategy with respect to reported in places where there are and state government representatives, with other departments, the attitude of both of them rather than expecting diplomatic missions of Nepal, such as law enforcement agents, UN agencies, key officers can be crucial to the take- guidance. Indeed networking with New Delhi and Kolkata. The diplomatic NGOs and other civil society key actors up of a new initiative. As officers get national level bodies will play a vital missions then send the information and the private sector. The tourism transferred between departments the role in the wider acceptance of any about found children to the Chief industry, including airlines, hotels, attitude of a new appointment can MCA initiative in India. District Office in Nepal and ask them travel agencies, beer bars, holiday differ greatly to that of his/her to locate the families of these children. resorts, etc. will also be sensitised to predecessor. Nonetheless since In 2005 the Government of India The view they hold is that these trafficking issues. However, central and bureaucrats at the highest level are released a Protocol For Pre-Rescue, children should be handed over to state level implementation of the dependent on the inputs and opinions Rescue and Post-Rescue Operations their kin and families and not to NGOs. Integrated Plan has been weak due to of departmental Deputy Secretaries of Child Victim of Trafficking for In doing so the possible risks 23 resource limitations. and Under Secretaries, getting their Commercial Sexual Exploitation, associated with being sent back to commitment to the initiative needs to however this does not have the status their families could be overlooked. A number of initiatives have also been be a key component of MCA of a bilateral instrument. forthcoming from the Ministry of programme strategy. The procedure for deportation or Home Affairs (MHA). In January 2012 There has to be further clarity repatriation of unauthorised person specifically on the dual status of the between India and Bangladesh is
22 The advisory which was drafted by Ms Bhamathi Nair, who was at that time Additional Secretary to Ministry of Home Affairs, is available at http://mha.nic.in/pdfs/CS-AdvMisgChd-070312.pdf. 23 Available at http://wcd.nic.in/TraffickingProtocol.doc.
28 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 29 RESEARCH FINDINGS AND ANALYSIS formally laid down. However since it Child trafficking is often seen in the involves several agencies and is not context of labour or sexual clearly budgeted, the process suffers exploitation, with the latter focusing from delays and lack of clarity. For primarily on women and girls. In some example, there is vagueness on who cases it is approached as a migration will incur the expenses for food and issue or as a sub-category of human other incidentals for the victims and trafficking. Furthermore, authorities their escorts while in transit. often see it as a law enforcement issue, and their responses are thus primarily 2.1.4 Cross-Border focused on criminal prosecution and Perspective tighter border controls. A UNICEF report in 200824 noted The lack of immigration laws between that there is a lack of synergy and India and Nepal, coupled with the lack coordination between and among the of policing along much of the border, action plans and the many actors makes movement between the two involved in anti-trafficking initiatives countries easier. However in the region, including governments, anti-trafficking efforts by Nepali NGOs UN agencies and NGOs. According to like SAATHI, ABC Nepal and Small the report the diversity of their Hands have been focused on border mandates and approaches makes vigilance, as the open border facilitates coordination at national and ongoing trafficking to India. These Figure 3: This shop is located beside the India-Bangladesh border river on the Bangladesh international levels a challenge. NGOs are on constant lookout for side (less than 150m from the border). It is used as trafficking point, and is usually open traffickers using the Birgunj, Nepalgunj from afternoon to midnight. Attempts to address cross-border child and other border crossings that can be trafficking have proved to be used to take Nepali girls and women to what is now Bangladesh continues to The reluctance of the Bangladeshi side particularly problematic because of a India. In this they work in close overshadow and defy the national to prevent illegal immigration to India lack of common definitions and cooperation with the District Police. boundary between the two countries. means that information relating to understandings, and the existence of Efforts are also made at local level to The Bangladeshi State agencies’ trafficked children is less likely to different perspectives on the issue. For address the issue through meetings reluctance to stand in the way of illegal be shared. a start there is no commonly agreed between the border police of India and migration makes the identification of definition of trafficking (UNODC, The illegal immigration of Bangladeshi Nepal. However as was noted already, illegal immigrants from that country 2011). Furthermore, the definition of nationals to various parts of India has such endeavours are not adequately and their subsequent return less likely. a ‘child’ can vary as has been noted attracted a lot of attention and from replicated at a higher level. already. This has an impact on how the Indeed the State of West Bengal time to time there are violent police, courts and other stakeholders In the case of Bangladesh, the effectively functions as a cushion state expressions of anger against the address a child’s rights, needs, historical cultural affinity between the for the illegal entry and initial stay of immigrants, especially in the north vulnerability and decision making. border Indian state of West Bengal and Bangladeshis in India, until such time eastern States. The issue of right of as they move to other States, residency for Bangladeshi illegal sometimes with documents to support immigrants has been discussed but 24 UNICEF Innocenti Research Centre. (2008). South Asia in Action: Preventing and Responding to Child Trafficking: UNICEF. their stay. is not viewed favourably in India.
30 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 31 RESEARCH FINDINGS AND ANALYSIS The Legal, Political and Bureaucratic Landscape
The proposal of issuing work permits found in India. In addition to those Bangladesh. In fact a Memorandum of regional framework based of to adults has also been rejected, as trafficked without the connivance of Understanding (MoU) was developed SAARC Conventions, national laws, have any proposals to issue work parents, there are children who cross by the Bangladesh Government with harmonisation of laws and bilateral permits to the Bangladeshi children the border inadvertently because of its the support of UNICEF; this is in the arrangements to strengthen the trafficked or illegally immigrated to physical vagueness or as a result of process of being signed by the Indian cross-border cooperation and joint India. This opposition is not just at wanderlust. There are also children Government. Furthermore, the monitoring to identify, rescue and bureaucratic and diplomatic levels; the whose parents have been a party to Bangladesh government’s National recover the victims of trafficking in idea is also opposed by civil society their legal or illegal immigration to Plan of Action notes that the a humane and effective way.”26 organisations who point out that the India, and who later realise that they development of the SOP to be country is moving towards a total ban are being exploited or abused and followed by law enforcement agencies, The scale of trafficking of children on child labour. want to get them back. This by itself development practitioners or rights between Nepal, Bangladesh and India does not mean that the child, once activists receiving and sending a child is so high that the issue cannot be These factors must be taken into returned, will be provided for by the victim of trafficking provides a addressed unilaterally by any single account when looking at cross-border family or the State, or that the child normative and practical framework for government. The MWCSW in Nepal cooperation between Bangladeshi and will not be stigmatised. This is “the identification and rescue of recognise that they do not even have Indian authorities in relation to one aspect of the failed victims, for the entry of data regarding authentic data on cross-border child trafficked children. reunification system. their particulars, for placement of trafficking, as the data that does exist victims and the collection of is not verified or cannot claim to be The lack of proper reunification of Another symptom of the failure of the accurate. It is therefore difficult for children from West Bengal to information, for sharing information reunification system is the practice of among the taskforces, administration them as the Ministry responsible for Bangladesh has been highlight by a ‘positive trafficking’. This refers to the NPA to define the true scale and number of organisations working in processes, permission for repatriation, covert repatriation of a child by a physical repatriation itself, and the scope of the problem. This in turn the area. In their 2011 report, Crossing well-meaning NGO in cases where the makes it hard to respond effectively or Boundaries: Cross-border Mobility of reception of the repatriated victim”. authorities are unlikely or unwilling to However as a declaration adopted by to resolve with action. Boys between Bangladesh & India – repatriate a trafficked child. This 25 civil societies from India, Nepal and An Exploratory Study, Sanjog practice is ultimately undesirable as it NGOs have played active roles in the described it as “lengthy and Bangladesh and organised by Rights rescue and rehabilitation of victims, makes double victims of the children Jessore in June 2012 noted, ineffective cumbersome, involving different and perpetuates a failed/poor system. but attempts by organisations to affect government departments and implementation of laws and legal a rescue beyond national borders are personnel”. They point out that no There have been nascent bilateral inadequacies often delay the process of limited for a variety of reasons coordination mechanism exists for meetings to address child trafficking rescue of trafficking victims or in including capacity and sovereignty. shelter home authorities to between Bangladesh and India. establishing legal identification of Responsibility for rescues should communicate directly with agencies in UNICEF has been active in getting the victims of trafficking. The solution always remain with the police and for Bangladesh to expedite the process, governments to come together on the according to the Declaration is this reason (as well as the fact that and that a dependence on one NGO issue, for example, particularly in two-fold: rescue operations are very risky to facilitate the process is inadequate. relation to the rehabilitation and “Along with capacity building of ventures) the support of the local repatriation of children from India to law enforcing and border security police is imperative. This invariably The Sanjog report identified many forces there is a need of building a requires effective information sharing categories of Bangladeshi children
25 Available at http://www.childtrafficking.com/Docs/sanjog_11_crossing_boundaries_0112.pdf. 26 See http://www.rightsjessore.org/Documents/Law%20and%20Our%20Rights.htm.
32 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 33 The Legal, Political and Bureaucratic Landscape
2.1.5 Opportunities, ● previous experience with Challenges and Constraints repatriation agreements (in particular the experiences of The following list summarises the UNICEF will be important); opportunities that exist vis-à-vis the current legal and political landscape: ● a history of sensitisation of the police and judiciary, and the ● the commitment, in principle at tradition of involving civil society least, of governments to the groups in their work; SAARC Trafficking Convention; ● the government of India’s proposal ● the presence of SAARC and its to ban all kind of wage labour by apex body for children, SAIEVAC, any child below 18 years of age by as recognised regional actors in amending the law on child labour; relation to trafficking; ● other proposed legal changes in ● the willingness of the SAIEVAC India, including the forthcoming Secretariat to cooperate with the amendment to the Immoral Traffic establishment of the MCA Act of India in light of the programme (recognising the gaps ratification of the UN Protocol on in its Workplan); Trafficking by India in 2011. ● the engagement of the UN agencies in the region on the issue In terms of challenges, the following Figure 4: In many cases the India-Bangladesh border is marked by a small river or canal need to be borne in mind: between the two countries. This picture, taken from the Bangladeshi side, shows people on of trafficking; the Indian side. ● the porous physical borders and ● the presence of national plans of action in all three countries, and the presence of unresolved between the authorities and NGOs in work on trafficking and missing the fact that in Nepal and disputes in certain parts; the two countries. With the right children with Plan, and would share Bangladesh there is one ministry ● the political/administrative technical infrastructure and information. Politicians in Nepal and with overall responsibility for the predisposition in Bangladesh governmental support, this is a role Bangladesh were also enthusiastic plan; favouring out-migration of both a that can be filled by a CBCT response about the creation of a comprehensive legal and illegal nature. This is likely system. database for children. However it is ● the convergence of opinion among to be exacerbated by climate important to keep in mind the political the anti-trafficking groups in the changes in Bangladesh which may In all three countries, the government and administrative impediments when region on the agenda of combating cause increased out-migration; officials who were interviewed assessing the enthusiasm and trafficking; expressed support for the MCA willingness to create a comprehensive ● the lack of prompt reporting and/ ● the positive history of networking concept. Police support was also system for tracking trafficked children or recording by the police of many evident in all three countries – for in South Asia, especially for anti- in these two countries. Despite what is trafficking interventions, and their missing children who are trafficked; example in Jessore, one of the districts said, the implementation of any credibility at governmental levels; ● the lack of legal provisions to deal selected for the MCA pilot project in technology-based system is likely to be with cross-border trafficking Bangladesh, one officer stated that a slow and difficult process. they would want to be involved in any between Nepal and India;
34 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 35 RESEARCH FINDINGS AND ANALYSIS The Legal, Political and Bureaucratic Landscape
● the use of children at the border in ● a lack of clarity and/or common to be released from their duties by goods smuggling activities and understanding in relation to the permission from the government or The MCA programme should illegal cattle trade, with the phenomenon of missing children in higher courts. In India most states now appoint a person in each country involvement of the larger the region; and have their own institutionalised with the necessary authority and communities living along the West training programmes and training reputation to be able to engage ● a current lack of institutional Bengal – Bangladesh border; academies. Sporadic training with national stakeholders, while leadership in relation to missing or programmes are organised by agencies accurately reflecting reality on the ● the cultural affinity between West trafficked children. This is true at like UNODC in collaboration with the ground at local level. This involves Bengal and Bangladesh that shields regional level and at national level. liaising with lead government government or Home departments. trafficking and illegal immigration; authorities in each country, and Overall, the political situation in which However for civil society initiatives developing relationships with key ● disagreement among civil society the MCA programme will need to work the availability of trainees is a big political, civil service, NGO and civil groups on the issue of repatriation is complex. In addition to the impact of question mark. society personnel who can help to and deportation of victims and recent political instability in Nepal and exploit the opportunities and deal For the MCA programme to succeed it illegal immigrants from India to Bangladesh the constitutional debate with the challenges identified. requires a detailed, accurate, and Bangladesh and Nepal; in Nepal and the elections facing both ground level understanding of the ● countries are also likely to have an corruption among the personnel actual processes of trafficking, rescue, impact at political level. As a result of responsible for policing the border; post rescue, restoration and The Regional MCA Coordinator supportive noises from civil servants ● repatriation, instead of being guided must work in a similar capacity with the narrow interpretation of and politicians in all three countries, by national level reports which have a the regional stakeholders, while trafficking adopted by the SAARC there is a risk that the MCA dubious credibility and government’s overseeing and coordinating the Trafficking Conventions and programme will set unrealistic targets. declared or stated intentions which stakeholder engagement activities national legislation, as well as Many of the processes relating to the often lack conviction. Furthermore taking place at national level. The weaknesses and loopholes in the cross-border trafficking of children goal is to build a supportive there is a need to understand the national laws; (such as repatriation, victim assistance environment for the deployment inbuilt political bias of commentators in ● and support for prosecution) are and effective use of fit-for-purpose the lack of legal alignment across order to get a good understanding of directly dependent upon the technology to address individual countries on crucial issues such the phenomenon of child trafficking, performance of the enforcement cases of cross-border child as the definitions of ‘trafficking’ and of the likelihood of any agencies on which the MCA trafficking. and ‘child’; intervention to succeed. programme or its civil society partners ● the fact that all the countries in cannot have any control. Relying on South Asia are very good at An important component of this work the assurances of bureaucratic officers is to set stakeholder expectations in On the legal front it is important to bringing out documents, SOPs, will involve high risk on this front. engage specialist expertise to do an protocols and plans of action but relation to the implementation of the technologically enabled system. It is exhaustive analysis of the situation at are weak on follow through and Another issue to consider is the fact also essential that user input is national and regional level, and in implementation; that MCA programme efforts to gathered as part of the stakeholder particular to identify where changes sensitise and train enforcement ● reunification has been shown to engagement at national and regional are required. The weaknesses that have personnel and judicial officers will yield poor results in Bangladesh, level, in relation to the functional been identified are significant, and the require careful planning. Such causing re-immigration to occur; design and deployment (including MCA programme should work, along personnel are not at the disposal of a training). with other influential stakeholders, to civil society organisation as they need
36 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 37 RESEARCH FINDINGS AND ANALYSIS The Legal, Political and Bureaucratic Landscape strengthen the law in order to better done in parallel with efforts to track, “A common definition of a ‘missing protect children and other victims of trace and repatriate child victims of child’ with clear categories In order to provide clarity of trafficking. However this work can be cross-border trafficking. facilitates coordination and purpose for all stakeholders, the communication across jurisdictions MCA programme should be and ensures that policies and branded as a child-centred 2.2 Information Management and Child Protection programs comprehensively address programme with particular focus all aspects of missing children’s on cross-border trafficking and the issues. Although all missing child actions required in response to individual cases. The technology cases should receive immediate enabled component should be attention, investigative procedures named to better reflect the focus following the initial report may on cross-border child trafficking. vary based on the case This will provide better circumstances.”27 understanding of its role than the name “Missing Child Alert” and will Worldwide, the most widely accepted to trafficking for sexual exploitation. The MCA programme deals with one ensure greater clarity amongst definition of trafficking is the one Nonetheless it is important to have a specific category of missing children, stakeholders as to its scope. provided by the UN Protocol on common understanding between which is children who are victims of Trafficking (Palermo Protocol). It governments and other MCA cross-border trafficking. The name defines ‘trafficking in persons’ as stakeholders in order to ensure the “Missing Child Alert” implies that it person who may have caused them to effectiveness of cooperation efforts raises alerts for all missing children, “the recruitment, transportation, go missing. The aim is to ensure that and the development of future policy. and this has the potential to cause transfer, harbouring or receipt of the child’s safety, well-being and confusion among stakeholders. protection are the priority. In order to persons, by means of the threat or A “missing child” is generally achieve this, the missing child use of force or other forms of understood to be a person under the Trafficked children do not fit into any categories need to be specific so that coercion, of abduction, of fraud, of age of 18 years whose whereabouts of the missing child categories already the police and other authorities know deception, of the abuse of power or are unknown. This definition identified by the ICMEC. New how to respond to each recorded case. of a position of vulnerability or of encapsulates a range of sub-categories categories are required, not only to If the categorisation is too broad, they the giving or receiving of payments of missing children. The International provide clarity to the work of the MCA may not respond appropriately to the or benefits to achieve the consent Centre for Missing & Exploited programme, but also to assist the needs of the child. of a person having control over Children (ICMEC) has identified a police and other service providers. another person, for the purpose of number of these, including but not Well defined categorisation of missing exploitation”. Clearer understanding of the nature of limited to: “Endangered Runaway”, children also facilitates coordination “Family Abduction”, “Non-family a missing child case would help to As the UNODC (2011) report notes, and communication across jurisdictions Abduction,” Lost, Injured, or Otherwise ensure a greater focus on the child and domestic laws in the South Asia region and ensures that policies and programs Missingé and “Abandoned or the facts surrounding her/his lack a shared understanding of comprehensively address all aspects of Unaccompanied Minor”. disappearance rather the intent of the trafficking. The most commonly missing children’s issues. applied definition is the one adopted The ICMEC highlight the importance of by the SAARC Trafficking Convention understanding what is meant by a 27 From International Centre for Missing & Exploited Children (ICMEC). (2011). Missing Children in Central America: which, as was noted already, is limited missing child: Research of Practices and Legislation on Prevention and Recovery: United Nations Children’s Fund (UNICEF), International Centre for Missing & Exploited Children (ICMEC),. Retrieved from http://www.icmec.org/en_X1/ icmec_publications/Central_America_Missing_Children_Report__Final_.pdf.
38 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 39 RESEARCH FINDINGS AND ANALYSIS Information Management and Child Protection
Investigation of missing children is MCA programme involvement in this trafficking response system should already problematic in each of the research will ensure that the particular The MCA programme should take support the full range of activities three MCA target countries. In India needs of victims of cross-border child a proactive role in efforts to triggered by the reporting of a missing for example the police will only trafficking in South Asia are taken into develop coded typologies or child who is presumed to have been investigate a case when an FIR is consideration. It will also provide a thesauri to support consistent and trafficked. Taking an event-based registered in a police station. Many basis for the development of standard reporting of missing approach favoured by human rights missing child cases never get reported interoperable child protection systems. children in South Asia, in line with organisations, a series of high level to the police, and as noted already child protection norms and best events can be identified. These include practice. This should be done in even when they do an FIR may not Already a large body of knowledge but are not limited to: child is reported collaboration with ICMEC who are always be recorded. Missing children exists in relation to the recording and as missing; child is recovered; child’s alerting of missing children. already working in a number of may also be reported to other related research areas. body has been found; child is referred agencies, including non-governmental At a regional level there are a myriad for rehabilitation; child is safely organisations, in addition to or instead of formats in use to describing a integrated into a new environment in of, a report to the relevant police. missing child. Getting agreement on a the country in which (s)he was rescued; shared, comprehensive data model, objectivity, consistency and credibility. Approximately 500 missing children Furthermore, in order to produce repatriation process has been initiated; per year are reported to the 1098 with coded typologies to describe the repatriation has been completed/ status of a missing child, the physical meaningful statistics a controlled toll-free child helpline run by CWIN vocabulary is a fundamental process of reintegration has be set in 28 identification markings on him or her, in Kathmandu, for example. Of these requirement. It transforms the data train; and child is safely reintegrated around 45% are found. etc. will ensure coherence and into their family and community. consistency of information and will relating to child trafficking cases into a countable set of categories without 2.2.1 Standard Reporting facilitate faster searching across Each event triggers a set of child- systems. This data model should also discarding important information and centred actions and information flows In order to ensure consistency across support the use of non-coded data, without misrepresenting the collected that can be configured based on the 29 the range of service providers and and in particular photographic and information. details of the event and the context in other organisations working with and biometric data. The development of a standard data which the event is occurring. Figure 5 on behalf of missing children, common describes the information flow that definitions, standards and thesauri are The use of coded typologies will model should be the basis for the design of any technologically enabled should take place in the source country needed to ensure proper and ensure that the recording of missing for the first event in the process, which consistent reporting and follow-up. and found children is consistent across information systems implemented as part of the MCA initiative. is that a child is reported as missing. The MCA programme should take an all languages, and that matches can be It shows a series of six fundamental active role in bringing this about, found between records entered in actions that should occur, as follows: through collaboration with ICMEC different languages. 2.2.2 Child-Centred who have begun conducting Information Flows 1. Intake of initial missing child report. In addition, the principles of worldwide in-depth research on A holistic approach to child protection This occurs when a family member documentation and reporting of legislation, best practices, and policies dictates that a cross-border child approaches the police or other relating to missing children. human rights violations should be agency to report a missing child. applied. These include accuracy,
29 See Silva, R. (2002). On ensuring a higher level of data quality when documenting human rights violations to support research into the origin and cause of human rights violations. Joint Statistical Meetings – American 28 This system or service is not effective across the entire country. Statistical Association.
40 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 41 RESEARCH FINDINGS AND ANALYSIS Information Management and Child Protection
2. Fact-finding. This includes 4. Recording of missing child in a 5. Immediate alerting, and the setup interviews with the family and CBCT response system (database) (manually or automatically) of The analysis and verification of community members, as well as if it is believed that the child has follow-up alerts. information relating to a missing other information gathering. been trafficked. This results in a child should be done by police in Child helplines typically undertake search of “found but untraced” 6. Analysis of data, and the the source country, whereas the these activities. children, and triggers an alerting generation of periodic recording of a trafficked child, the process if no match is discovered. statistical reports. sending of alert messages, and the 3. Analysis and verification of findings subsequent analysis of data and by state authorities (police). The first three actions shown in Figure generation of periodic reports can 5 should ideally be handled by an be handled by a regional in-country missing child system which cross-border response system. is used by the police, while the second The processes of reporting and Figure 5: Flowchart showing information flows for reported missing child three should be handled by a alerting could be implemented as coordinated cross-border response one technological system with system. It is possible to implement distinct functionality and user roles. 1.Intake of 2. Fact-finding and disclosure 3. Verification Mobilisation of local/ either half (actions 1 – 3, or actions initial missing (interviewing of family and and national authorities 4 – 6) as manual systems (i.e. not child report other information gathering Analysis (FIR, etc) techniques) technologically enabled) – for example The functionality and user Nepal or Bangladesh might not have a interfaces of the systems for Child is suspected of being missing child database in place. reporting, recording and alerting trafficked cross border must be done through discussion However the long-term vision should with key stakeholders, particularly 4.Recording of be to technologically enable all parts in the police who will record and missing child all countries. initiate alerts for a missing child. for purposes MCA Database While this will inevitably slow down of cross-border The police should be the gatekeepers alerting the deployment process, failure to in relation to adding missing children do so may result in a system that is to any CBCT response system. For this not accepted by the authorities to be effective, the police need to be upon whom its success depends. Take appropriate Child in sensitised to adequately investigate This means that State support for “found but action Yes missing child reports and have the the concept and their involvement (reunification/ untraced” capacity to use the CBCT response database? from the start are essential. repatriation...) system effectively. Work is needed on both fronts, and as a result the MCA
No programme needs to engage at 5.Alerting Cross-border alerts well as NGOs along the likely transit political and departmental level to routes. It must also schedule follow-up bring it about. alerts if the child has not been found/ Follow-up alerts rescued after a period of time. The 6. Analysis of data The alerting system shown in Figure 5 and generation configuration of the alerting schedule must incorporate immediate alerting of of reports is a vital component of the system the appropriate authorities (police, which requires expert understanding of border guards, railway police, etc.) as
42 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 43 RESEARCH FINDINGS AND ANALYSIS Information Management and Child Protection
how the traffickers behave and their trafficking would be helpful. It has also placement, counselling, etc. that are One point that requires further routes. Furthermore, it will benefit been proposed that the MCA would managed by other in-country systems. discussion with stakeholders is the from a proactive approach whereby have a role in actively supporting question of alerting for children alert recipients are identified along prosecution. While these are all However agencies should be able to who are reported as missing and with the most appropriate means of desirable, it is overly ambitious and update the cross-border response may have been trafficked or alerting them. A controlled database of unnecessary to try to coordinate all system with information that is abducted internally within the alert recipients should be managed in these activities in one technological relevant to a specific case (for example country. These cases could be support of this work. system or database. Instead, in-country information from the courts). However handled by internal police systems. (national) systems need to be since updating the system is not likely Alternatively the cross-border It is widely accepted that the first to be seen as a priority for the judicial, response system could be designed strengthened to address areas like child hours after a child has been taken welfare and justice. law enforcement or child welfare to support responses to provide the best opportunities for authorities the ultimate goal should be internal trafficking. rescue. It is therefore vital that alert Each case recorded in the cross-border to ensure automatic updates from the notifications are sent as quickly as response system should remain open in-country case management systems, possible to the authorities and NGOs until the child’s rights and needs are based on the use of a unique ID or The MCA programme needs to along the likely trafficking route taken. known to have been fully met. This can some other means such as through the work with the law enforcement However the advantage of immediate take many years and may span a series use of biometric data. agencies in each of the target alerting must be balanced with the of interventions including shelter home countries, and through SAARC need to ensure the veracity of a mechanisms such as the Chief of missing child report. Even more Polices conferences, to reach importantly, a decision to send an alert agreement on the minimum criteria 2.3 Technical Development notification needs to take into account for launching a cross-border alert. the safety, well-being, and dignity of the child. A basic principle adopted in missing child alert systems around the The CBCT response system should world is that there must be sufficient limit its activities to those that information for the recipients to be require cross-border able to respond to an alert. While communication and collaboration. much of the alerting can be This means it should support automated, the preceding activities can A number of different categories of 2.3.1 Existing Missing Child/ information flows relating to be assisted by technology but are stakeholders or information users Persons Systems in India, trafficked children that may have primarily human-based. The have been identified in relation to Nepal and Bangladesh been taken across a border, found decision-making process leading to the the reporting of a missing child. children whose identity is not issuing of an alert must be clearly These user groups, which are listed in There are a number of technology known (resulting in a search of defined and understood. Table 1, all have different information enabled systems in place in India to existing databases, including the support the reporting and investigation CBCT response database), and requirements. Many MCA stakeholders are of the of missing children. rescued children whose needs may Figure 6 shows the relationship be best addressed through view that a system to coordinate all between these and the reporting and repatriation and reunification. activities relating to the rescue, rehabilitation, repatriation, and tracking of missing children. reintegration of victims of cross-border
44 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 45 RESEARCH FINDINGS AND ANALYSIS Technical Development
Table 1: MCA stakeholder or user groups that have different information requirements Figure 6: Missing child system users groups
1 Members of the public who wish to report a missing child, and who have a right to Missing Child/ Inital Missing Person Reporting receive subsequent information relating to the report. It is important to keep in mind Child Report that reports from family and community members may be mediated by an individual or Systems agency to whom a verbal report is provided. Public Information Provided to 2 State agencies or their partners (such as child helplines) who receive the initial report, Investigation Officer gather further information and analyse the findings in order to determine the likelihood or risk of trafficking. Inital Report Recipient
3 Alert recipients who can help to locate and rescue a trafficked child. In many cases Add Record to CBCT these are agencies like the police who also receive missing or trafficked child Response System reports directly.
CBCT Response System 4 Agencies that report and analyse missing child data at national or regional level, Alert including policy and programme implementers.
Alert Recipients 5 Organisations and individuals who seek access to information on child trafficking in the region.
● Andhra Pradesh Missing railway police, as the railways are Persons System frequently used for trafficking. Missing person cases are also Public Access to Agencies Monitoring In the state of Andhra Pradesh (AP) Child Trafficking and Reporting on in India, the Department for uploaded and entered by the police Information Cross-Border Trafficking Women, Children, Disabled and from their own records. NGOs are Senior Citizens and the CID-Police licensed to use the system, but can The system was developed by the ● Other State-run and run a system for tracking found and only upload information on rescued National Informatics Centre (NIC) National Systems persons (i.e. those in shelter missing persons. This has a public which is a science and technology A number of other States in India homes). web-based facility as well as a organisation under the auspices of also claim to have web-based smartphone app for reporting a The AP missing persons system has the Indian government’s missing child systems but most of missing person, a found person or the capacity to match missing and Department of Information these are tokenist in nature and an unidentified dead person found persons based on the Technology. However they are not indicate mere lip service to the (http://missingperson.ap.nic.in/). In attributes provided. To facilitate in a position to share the concept. There is currently no the case of a missing person report, this, the reporting interface for technology. evident coordination among these the details are directed to the initial intake of information uses state systems. However in order to appropriate police via their internal drop-down lists and other similar be effective as a national solution Intranet-based messaging system fields instead of free form text. to the phenomenon of missing or SMS. There is also a link with the
46 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 47 RESEARCH FINDINGS AND ANALYSIS Technical Development
children they should eventually all portal and data management. contain is incomplete. According to (http://www.missingchildsearch. be merged. The deployment and further a number of NGO sources, ZipNet net/). implementation of such a system is particularly ineffective. The One such system already claims to Homelink incorporates a tool to is likely to take time and a lot of system is not user friendly or be a national missing person’s document and assist in the search resources if it is to take off at the accessible, nor does it adequately portal (http://trackthemissingchild. for missing children, their state and central (national) level define who is missing or why they gov.in/). It is run by the Kolkata subsequent home integration and in India. are missing. Given the complexity police but there is no evidence that long-term rehabilitation. It also of reasons why a child could be it is in widespread use, despite The NCRB maintains a national includes facilities for the missing and the range of responses having a comprehensive list of database of missing persons under documentation of a range of required, this is problematic. stakeholders including the police, a range of categories including related services, as well as centres, Furthermore the system is not CID, Child Welfare Committees “missing”, “kidnapped”, “arrested”, NGOs and government inclusive of people who really know (CWC),30 Juvenile Justice Boards “deserted”, “wanted”, “escaped”, organisations. As of August 2012 about trafficking and missing (JJB), and the NCRB. The system “unidentified dead body” and there were over 270 partner children. This and the lack of also has severe shortcomings as a “traced/found”. In principle, data is organisations using it, spread awareness within the police means child protection system. In available on missing children of across 16 States. the necessary information is not particular photographs are used in both sexes in the age groups 0-12 being shared within or by The Homelink system is in effect a some but not all cases. and 13-18. However because the the system. national databank of missing NCRB does not investigate or Like the Andhra Pradesh system, children. Anybody, including the monitor the recovery of missing ● Homelink the Kolkata system was developed police, can register, enter missing children this information is by the NIC. The Don Bosco National Forum for child complaints, and see what is incomplete. Furthermore, police 31 the Young at Risk (YaR) manages happening to that complaint using The public display of photographs stations generally do not provide a system called Homelink which is a a tracking number. If the Homelink is something that requires careful information to the NCRB when a web-based system that captures central hub or any of the partner consideration. In the absence of any missing child is rescued, traced or information on children at risk organisations locate the child, the other unique identification, missing returned. As a mechanism for the across India in order to assist and person who reported the missing and found children can be matched analysis of trends and patterns restore them to safety. The web child is directed to contact the through visual inspection of their it is therefore limited and site, http://www.homelink.in/, is appropriate nearest photographs (as in the case of the even misleading. dedicated to “ensuring the Homelink node. Andhra Pradesh system) or the use The Zonal Integrated Police restoration of children back ‘home’ of specialist software to do the As an organisation Don Bosco has Network (ZipNet) also provides and assist in tracing lost or missing same. However the public display its own outreach teams who keep data on missing children (http:// children”. It incorporates a missing of photographs may in some cases vigilance in public places, identify zipnet.in/index.php?page= child search network which is open put the child at greater risk. lost/roaming children and bring missing_children). Awareness of to all organisations that serve them to their shelter home. Other There are indications now that the systems like this is low among the unaccompanied young people agencies like CHILDLINE, MWCD is keen on their own web police however, and the data they
30 The Child Welfare Committee (CWC) is a mechanism that exists in every district of the state in India for the 31 YaR Forum India is registered as Don Bosco National Forum for the Young at Risk [DBNF-YaR]. As their Missing implementation of the Juvenile Justice (Care and Protection of Children) Act. A child can be brought before the Child Search website notes, it is an organisation for reflection, sharing and coordination among those involved in committee (or a member of the committee) by a police officer, a public servant, CHILDLINE personnel, a social the youth ministry for the Young at Risk in South Asia, to network with likeminded persons and organisations on worker or any citizen. behalf of YaR, to influence policies related to the Young at Risk at the state, national and international levels.
48 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 49 RESEARCH FINDINGS AND ANALYSIS Technical Development
Balprafulta and others also identify Information System] and child While there are a number of systems roaming children and bring them As the Homelink network and tracking system in the country in India with data on missing and found to the Don Bosco Shelters where database is the only national for effective implementation and children, including the NCRB, the they are kept for up to seven days missing persons system currently in monitoring of child protection Homelink Network, and the before handing them over to existence in India, the MCA services”.33 CHILDLINE India Foundation who the appropriate CWC if they are programme should consider it a key operate the toll-free 1098 child Don Bosco is now spearheading a not traced. component in the overall helpline, the situation is far from ideal. new initiative known as ChildMISS infrastructure for missing children Firstly each system only captures a While Homelink is the only in the region. In so doing it should (Management Information System fraction of the missing children in the operational nationwide missing also recognise and take into and Services). This is an online country. Secondly the data does not child system in India, there are a account its limitations. comprehensive child tracking contain particulars of trafficked number of limitations. Like all system for effective data children. And thirdly the lack of systems that are open to the public management, monitoring and synchronisation of data between the there is a risk of mischievous or border control, the implementation reporting, as well as tracking of a various systems means that individual misleading complaints being made of immigration policy, arranging range of child-related services. The missing children may be recorded in as the information is entered deportations, repatriation, intention is that all stakeholders will more than one system. It also means without verification by the police. extradition or push back. Without provide data and will have access to that in order to look for a missing child There is also potential for active participation by the state system outputs. The addition of it would be necessary to search all the traffickers and others to browse the authorities, a missing persons biometric data is also planned, databases separately. database, and pose as parents/ solution cannot be effective. primarily to track if a new child has guardians in order to claim a child. Don Bosco has offered their already been added to the system. In Nepal, there are no However the main limitation of the Homelink system to the Homelink and ChildMISS have the technology-based missing persons Homelink system is that its user Government of India, and are ready potential to incorporate systems, even though a number of base is predominately civil society to collaborate with them to information flows relating to all of organisations keep partial records. based. It is not widely used by the enhance and develop it further. the missing child events within CWIN Nepal who operate the 1098 authorities in any state, although at However the MWCD have India. In principle the software child helpline in the country keep the end of November Don Bosco indicated that they would need could be extended to cover Nepal written reports of children reported to reported that in Bangalore more control over the software and and Bangladesh. However it is them as missing for example. These 105 Police stations have been given data than Don Bosco may wish to currently designed as a centralised reports are based on conversations user credentials and were using relinquish. Nonetheless the national database, with partner held with family members (i.e. intake of the system.32 Homelink system would seem to organisations having local initial information). The information is State participation is vital since the meet one of the key objectives of databases from which they can typically recorded on computers but authorities play such an important the government’s Integrated Child upload data. not in a searchable database. CWIN role in receiving and verifying Protection Scheme (ICPS) which is inform the police or works with them. Like the AP Missing Persons missing child complaints. to “create mechanisms for a child It also works with the District Child system, photographs are optional Furthermore it is central to protection data management Welfare Boards (DCWB) as necessary. in Homelink. international exchanges, treaties, system including MIS [Management Their staff also work with organisations
33 From the ‘Integrated Child Protection Scheme: A Centrally Sponsored Scheme of Government – Civil Society Partnership’ prepared by the Ministry of Women and Child Development. Available at 32 This was reported by the Dob Bosco National Director on 1 December 2012. http://wcd.nic.in/schemes/icps.pdf.
50 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 51 RESEARCH FINDINGS AND ANALYSIS Technical Development in India including CHILDLINE India, The police at the border also receive The agency most likely to keep records the authority or organisation charged with communication mostly by phone carbon copies of missing person of human trafficking is the BGB. with delivering and managing the or email. reports from the Women and Children Information about missing children is system, will have their own Service Centre at the District Police not being reported to the police and requirements. These will be influenced As an organisation CWIN supports Office. in the case of one police station visited by policy and best practice in relation children directly where required by in August 2012 there had been no to system governance. offering short- and long-term safe The Nepali police share information reports recorded in the last five house accommodation, rehabilitation with the Indian police. The view of one months. The starting point for technical and counselling. They also help to find officer consulted was that they could development is the analysis of the relatives or safe accommodation for share information about missing As with the Nepali police, the police in requirements of each of these user children, provide basic skills or children using a computer-based Bangladesh claimed there was a good groups. Through consultation with education support, and if necessary system, but that this could not include cross-border relationship between stakeholders as shown in Orbit 1 and work with other partners to information related to a crime. police forces. They indicated that Orbit 2 in Figure 2, a number of support them. information about policing matters, overarching considerations are Police at the border road crossings say including missing children and identified. These include accessibility, CWIN Nepal is a member of Child it is virtually impossible for them to trafficking, was shared. security, data protection and Helpline International (CHI) which has spot traffickers amongst the masses of availability. its own case management software. people. Everything from heavy goods Police officers on the ground in Nepal However due to insufficient staff CWIN vehicles to cows are being taken across and Bangladesh both expressed the Accessibility are not in a position to use this. In the border, including families with view that they would be happy to be First and foremost, the means to report India, CHILDLINE also have their own children who are moving legitimately. involved in initiatives like the MCA a missing child must be accessible to case management system for the They try to react but have many other programme. However it must be communities in which people do not children they work with or on jobs to perform. For this reason they recognised that the low priority have access to computers or behalf of. rely to a large extent on small NGOs assigned to cases of trafficking by the smartphones, or may not have who watch for trafficking and children police, combined with an almost adequate literacy skills to file a missing The procedures used by the police in at risk at the border. complete lack of technology and skills child report themselves. This means Banke (Nepal), which is one of the to use it, makes it extremely difficult to that at community level there is a need MCA target districts, is an example of a In Bangladesh the situation is envisage any effective results without for mediated services in which reporting and investigation system that somewhat similar at the border having a top-down commitment to competent individuals or structures can relies exclusively on non-ICT based crossings. Police take written the process. facilitate reporting. In this way mechanisms. A hand-written register of statements from parents/guardians technology not only simplifies, reported missing persons, including and keep paper records. They create a 2.3.2 Design Considerations standardises and automates the adults and children, is maintained at record of the report and share it with reporting of a missing child, it also the border station in Nepalgunj, for other stations and if appropriate with Each of the user categories listed in leads to opportunities to raise example. A typical report includes a the Border Guards Bangladesh (BGB). Table 1 has a particular set of awareness of what to do when a child record serial number, the missing If they believe that there is a requirements, which may vary from goes missing and of trafficking in person’s name, age, address, date they prospective case of child trafficking country to country, or even from general. went missing, narrative details. It also they can take a child into protective community to community. These requirements must be elicited through contains information about the person custody. If urgency is required In these environments, entering or in depth consultation with reporting, and if available, information can be transmitted on updating individual reports must be representatives of the user groups. In a photograph of the missing person. a police wireless system. possible in the primary local addition, the system owner(s), meaning
52 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 53 RESEARCH FINDINGS AND ANALYSIS Technical Development
their area of coverage and this is The MCA programme should something that can be leveraged by The D.Net Infolady Concept partner with community-based ICT the MCA programme. The second An Infolady is a trained rural woman and professional who travels within her service providers such as D.Net and opportunity is provided by D.Net, locality, on a bicycle and offers a variety of ICT and non-ICT based services at the the government-run Union which is a social enterprise that door-step in rural communities. She is equipped with a range of tools and Information and Service Centres in promotes access to information and technological apparatus, including a netbook with a webcam and a modem for Bangladesh to ensure that knowledge for all citizens through Internet connectivity, digital camera, and mobile phone. She also carries a weight communities have access to the interactive digital media. Their Infolady measurement machine, blood pressure machine, blood/pregnancy/sugar testing kit initiatives supported by the MCA model, which involves trained rural and other equipment to provide health related services. An Infolady can provide programme. This strategy should women who travel within their locality livelihood related information and services at a cheaper rate since she is supported be extended to include by an offline and online database and has access to useful information. awareness-raising around child offering a variety of ICT and non-ICT trafficking. based services within the community, An Info person can be a male or female, but women are encouraged since they can provide missing child reporting have a higher acceptance to female beneficiaries/customers (and have easier access services using, for example, to the part of the residence where women members of the family lives) compared to their male counterpart. Currently D.Net has 55 Infoladies actively working in language(s) of the area. This means smartphone apps. In addition to the timely reporting of a missing child, the different parts of the country. They are also in the process of franchising the model that computer (web) based interfaces nationally and have initiated dialogue with the Ministry of Women and Child Affairs for missing child reporting, as well as Infolady can help to make citizens more informed about the choices of Bangladesh with a view to replicating the model countrywide. The government smartphone apps, must be translated has taken a keen interest in the model and is considering the potential for available to deal with the trafficking into a range of languages. Alerts must introduction of Infolady in 4,500 Union Parishads around the country where also be sent in the language spoken by problem, and can assist with better information centres have been set up. If effectively implemented, this plan would the recipients. reintegration of the victim back into introduce 50,000 Infoladies all across the country. the community. In Bangladesh two specific opportunities for mediated missing It is important to ensure that families child reporting were identified. The not only have an opportunity to report In many parts of the world missing devices may include fixed line first is the Union Information and a missing child but also have access to child alert systems are designed to telephones, mobile phones operating Service Centres (UISC) which are information related to the report at a engage the public in the search for the on second generation (2G) networks, owned by local government, and the later time. Special attention must be missing (presumed abducted) child. and old or refurbished computers with associated Union Resource Center for paid to the need for family members to However the situation is different low bandwidth Internet connectivity. ICT (URC-ICT) which are managed by a access the latest information about when searching for trafficked children Union-level body of community their missing child, and that access to in Nepal, Bangladesh or India. Here the Existing police networks in India, Nepal groups. Entrepreneurs working at one the information may need to be alerts should only go, in the first and Bangladesh use phone, internal UISC suggested that these could be mediated by community-based service instance at least, to trusted parties that messaging systems, and to a lesser important hubs for the reporting at providers like D.Net. Access needs to may be able to locate the child. This is extent email communication, local level, as they could facilitate be provided in a way that protects the in order to ensure the child is not put to transmit information internally. reporting by community and family right to privacy. at greater risk than (s)he has been Cross-border interaction between subjected to already. The recipients services such as child helplines are also members, as well as awareness raising This is an example of a design include local police stations, border primarily phone and email-based. and provision of information to the consideration that requires discussion guards, railway police and NGOs. In community. The UISCs also keep with communities before building the In order to ensure that the alerts are some cases the available alert receiver records of birth registrations within technological solution. accessible to recipients these current
54 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 55 RESEARCH FINDINGS AND ANALYSIS Technical Development
may be possible to upgrade these and road signage display operators, There is likely to be a division of interfaces to map-based displays on In order to ensure that all is an option that should also be kept responsibilities between the initial which ‘live’ or recent alerts are accessibility issues are properly in mind. These can be implemented alerts from the cross-border flashed up. addressed, each user group must using XML-based data feeds.35 response system, and the local be active participants in the design distribution of alerts – for example Other Internet-based interfaces can be of the technology-based system. Security using police networks. In this case implemented without significant cost This inclusive approach should be Another important technical the need to support less at usage time. One viable option is to a key aspect of the pilot phase and consideration is security. Data relating technologically advanced means of work with service providers (like all other phases of the project. to all missing children, including communication can be delegated to Subisu Cablenet in Nepal for example) trafficking victims, must be stored and central nodes in local networks. For to combine alert messages with the example the CBCT response system maintained in a way that prevents delivery of IPTV services. with this figure expected to grow to unauthorised access, copying or alerts the relevant CID anti-human 72 million by 2014.34 This will be trafficking units in India. These then tampering. Use of mobile phone networks to send driven by the reducing cost of smart use their internal police networks SMS messages to large numbers of to circulate the information. phones and the launch of 3G services. Information systems are vulnerable to recipients can be costly, unless tariff a range of technical, organisational and agreements can be negotiated with In the United States of America, environmental threats from internal each network operator. In India there AMBER(tm) Alert programmes that and external sources. Figure 7 outlines The initial focus of the MCA project are at least 15 operators, the largest of issue alert bulletins in response to the the main threats to the components in should be on the use of simple, which are Airtel, Reliance, Vodafone suspected abduction of a child utilise a a typical MCA network. accessible IP-based interfaces for and the state-owned BSNL. Nepal and Commercial Mobile Alert System approved alert recipients. Bangladesh also have multiple (CMAS) to send alerts to mobile phone The CBCT response system will contain Nonetheless system designers operators. The costs are particularly users. This is a public safety system one or more databases in which should ensure that viable options high if the messaging is across borders that allows customers who own an information relating to the status of exist for sending out alert (from one network to another). enabled mobile device to receive a trafficking victim is maintained. information to large numbers of Internet-based IP traffic is more cost geographically-targeted, text-like The confidentiality of the data must individuals and companies through effective for cross-border and mass messages alerting them of imminent be protected at all times, with only mobile phones networks, data communication. threats to safety in their area. No such authorised personnel or service feeds to the broadcast media and system exists in the MCA programme providers having access. interfaces to emerging Although less widely accessible, the communications channels like target countries however. social media scene also represents a The experience of Interpol and Europol social media. fast-emerging and important domain For the purpose of widespread with regard to cybercrime and in of information exchange, particularly alerting, collaboration with broadcast particular with Internet based in India. At the end of 2010 it was media outlets, and electronic billboard pornography and sex tourism highlight capabilities need to be borne in mind. estimated that nearly 60% of the Email notifications are a core minimum country’s 83 million Internet users requirement. Simple client interfaces were active social media users, with 34 Open Source Center. (2012). OSC Media Aid: Overview of Leading Indian Social Media. Retrieved from can also be implemented through Facebook, Orkut and Twitter all which alerts can be presented in a http://www.fas.org/irp/dni/osc/india-social.pdf. popular. A large number of users 35 police station, for example (these can XML is a standard, simple, self-describing way of encoding text and other data so that content can be exchanged (mostly urban based) already access across diverse systems and applications. It offers a widely adopted standard way of representing text and data in be browser based). In some cases it social media through smart phones, a format that can be easily processed. Alerts formatted in XML could be exchanged across platforms, languages, and applications, and could be re-broadcast by a wide range of systems.
56 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 57 RESEARCH FINDINGS AND ANALYSIS Technical Development
Figure 7: Security challenges and vulnerabilities in a typical MCA network Cloud versus Dedicated Hosting
Communication Lines In terms of where the system software (and database) reside, there is a choice Servers between cloud hosting and dedicated hosting. Clouds are typically defined according to three types: private, public and hybrid. With a public cloud (also known as a shared cloud) services are provided “as a service” over the Internet with little or no control over the underlying technology infrastructure. This cloud Clients (Users) Hardware, Operating Systems, reduces complexity and long lead times in testing and deploying new products and Application Software is generally cheaper. A private cloud (also called an internal cloud) also offers activities and functions “as a service” but is deployed over an organisational Hacking Theft of data Tapping Viruses and Worms Copying data intranet or hosted data centre. This is private product for a company or Unauthorised Sniffing Vandalism Alteration of data organisation offering advanced security and highly available (or fault tolerant Access Message Alteration Theft and Fraud Hardware failure solutions) that are not possible in a public cloud. The private cloud owner shares Errors Theft and Fraud Danial of Service Attacks Software failure few, if any, resources with other organisations. Hybrid clouds offer an integrated approach, combining the power of both public and private clouds. Customised rules the technological sophistication of with human negligence being one of and policies govern areas such as security and the underlying infrastructure. criminal gangs and their modus the biggest threats (for example operandi. There is an ever present leaving computers logged in for others While clouds may be private or public, they are also further differentiated at the service-type level. There are broadly speaking three types of dominant services: danger of the possibility of traffickers, to use). As a result, there are concerns Software-as-a-Service (SaaS) which refers to an end user accessing a remote service child sex predators and other criminals about using photographs of children, over the Internet; Platform-as-a-Service (PaaS) which is used by developers who exploiting any technical vulnerabilities with biometric data being seen as a wish to deploy applications in the cloud and do not want to get involved with the in the system, in order to learn about preferred choice. server infrastructure; and Infrastructure-as-a-Service (IaaS) which allows developers missing children and how they can maximum interaction with the underlying server infrastructure including, but not access them easily, for example by Data Protection limited to, deploying database applications in the remote environment. posing as a relative. It is important to keep in mind the In contrast to cloud based solutions dedicated hosting includes unlimited support issue of data protection when storing Even the most technologically for all hardware, services, and software. This typically provides the system owner information on any individuals, with complete privacy and control, whereas with cloud hosting package scalability sophisticated systems are vulnerable, including children. However in is often easier. It is possible to choose between different dedicated servers, but Bangladesh or Nepal there is no data with cloud, one is not generally allowed to choose the hardware. However many protection legislation according to private cloud providers offer all the features of a dedicated server. Privacy International.36 In Nepal in The matching of missing and found children should be based where particular there is a lack of awareness possible on biometric data. of both privacy and data protection Indian outsourcing industry that has and consults regularly with Automatic photograph matching issues, and about the available come under criticism for security international industry associations. can also be done but stored protections. In India there is increasing lapses. A Personal Data Protection Act photographs should not be agreement that a data protection act was introduced in 2006 but has not India’s Information Technology Act publically displayed. would be useful, especially in yet been adopted. However industry 2000 which was adopted to promote promoting and protecting the large has set up the Data Security Council of e-commerce, and the subsequent India to act as a watchdog on privacy Information Technology (Amendment) Act 2008 deal with the protection of 36 See https://www.privacyinternational.org/reports/ issues. It promotes self-regulation pi-releases-analysis-of-privacy-issues-in-asian-developing-countries. based on international best practices, sensitive personal data as well as
58 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 59 RESEARCH FINDINGS AND ANALYSIS Technical Development
Availability If an in-country missing child Another issue of technical importance Nepal’s Technological Capacity system is being implemented by is system availability. The child The rapid improvements in ICTs are revolutionising the way modern governments government, they are likely to insist trafficking response system must be deliver services to its citizens. Nepal has taken some steps towards developing its IT on the use of their own data available at all times (24 hours a day, infrastructure, similar to governments in other developed countries. centres. However if it or a CBCT 7 days a week) as a mechanism for response system are being Of the various technologies available, radio is the most widely owned and used deployed by the MCA programme, reporting a missing child. Similarly, according to a USAID/OTI study entitled Media Impact Assessment in Nepal, a service provider should be chosen while the timing of alerts may in some conducted in 2009. Every four in five adults have access to a radio at home, and that can offer a secure data centre cases be managed to optimise the one in every two adults use it as a source for news and information every day. Cell and connectivity solutions via a potential of the recipients to respond phones are the second most widespread item, with more than three in four adults private cloud or dedicated hosting, effectively, it should be possible to having access to one at home. TV is quite common, being available in more than along with a 24/7/365 support send them at any time of the day two thirds of households, with almost half of all households having access to a cable service. Service level agreements or night. connection. The same report also showed that 37% were interested in media should be put in place to cover all coverage that discussed human rights issues and that the percentage increased such services. ● The system(s) should be housed in with an increase in education. secure data centre facilities which In comparison, there is very limited access to the Internet in the country and meet industry standard high uptime especially in the rural areas. In 2009 there were approximately 625,800 Internet security practices and procedures that criteria for reliability and users in Nepal which was only 2.1% of the entire population. To help improve the must be followed by organisations maintainability; Internet connectivity in the country the Indian Government helped install a national dealing with sensitive personal data. ● Multiple levels of security should be optical fibre backbone which stretched from east to west of Nepal and is connected These data privacy rules cover sensitive provided, with a combination of to India via several connection points. The Chinese Government also funded Nepal Telecom to complete a fibre optic project linking Kathmandu to Khasa. The data which is defined as personal secure access and 24/7 surveillance information that relates, among other completion of these projects has helped to provide a cheaper and reliable (monitoring and recording); alternative to expensive satellite communication. Currently there are over 44 things, to physical, psychological and ● Internet Service Providers in the country which provide Internet connectivity mental health conditions; medical Server and backup power redundancy are required, as is through various access methods such as dial-up, leased line, broadband, VSAT, records and history; and biometric GPRS and wireless hotspots. information.37 There are conditions server failover (a means of ensuring associated with the transfer of this the high availability of applications Even though the government has made various efforts to improve Internet sensitive data outside India which must and services); and connectivity in the country its penetration rate is still low. In 2009 there were less than 200,000 subscribers who had access to data services and a majority of them be borne in mind when designing the ● Redundant links are also required were from urban areas. Internet service availability in the rural areas is still poor, system. These should be addressed by to ensure maximum uptime, even though the Government in its 10th five-year plan (2002-2007) had aimed to carefully examining the divisions of optimised network connectivity establish 1,500 rural telecentres within the country, with a strategic focus on responsibility between the in-country and highest possible bandwidth. content development and social appropriation, sustainability and community missing child systems and a CBCT ownership issues. One of the main hindrances in using the Internet in rural areas is response system. The location of the In order to ensure that the system the outdated telecommunication infrastructure in the country. Furthermore the lack latter will determine the need to meets the required standards in terms of a reliable supply of electricity has been seen as a major constraint in the transfer sensitive data outside India. of accessibility, security, availability, adoption of ICTs in the rural areas.
37 For more information see Ananthapur, R. (2011). India’s new Data Protection Legislation. 8:2 SCRIPTed 192. Retrieved from http://www.law.ed.ac.uk/ahrc/script-ed/vol8-2/ananthapur.asp.
60 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 61 RESEARCH FINDINGS AND ANALYSIS Technical Development scalability and adherence to good software and IT ventures doing without connectivity. The MCA The government itself concedes that reporting standards, ISACA should be business for both the local and programme could facilitate the broadband access is still in its infancy asked to audit any proposed solution, international markets.38 provision of secure lines if the because of a lack of last mile beginning at the design stage. This is authorities were committed to their connectivity and the high cost an independent, nonprofit, global One of the most encouraging recent use. There are Internet Service of access.39 association, engaged in the trends in the industry in Bangladesh is Providers (ISPs) in each country that development, adoption and use of that a significant number of companies can deliver connectivity solutions with 2.3.4 Interfacing to Other are now providing web-based services globally accepted, industry-leading any required level of security, uptime In-Country Systems knowledge and practices for that include specialised portals like and bandwidth (options typically range One of the key challenges identified in information systems. They have those required by the MCA from 1Mbps to 5Mbps). The options relation to the tracking of any missing chapters (membership structures) in programme. Off late some companies are to install and use a dedicated children is the question of how to Bangladesh and India. are also developing web applications Internet link or to opt for Virtual identify the child. The SAIEVAC based on the cloud/SaaS delivery Private Network (VPN) connectivity. workplan notes that 36% of South 2.3.3 Local IT Capacity model. These emerging new business A VPN is used to connect computers Asia’s children are unregistered at and service delivery models must be to a restricted-access computer India has a thriving IT and IT enabled birth, so recording and tracking are given careful consideration by the network (like an Intranet). It can be services (ITES) sector, capable of MCA programme. problematic in many cases. meeting the development needs for a implemented with varying levels of child trafficking response system. In The development and delivery of the security so that data sent through the There are government initiatives in particular it has a strong IT service CBCT response system could therefore VPN connection stays isolated from place or in the pipeline in each of the management (ITSM) sector that be contracted to a third party service other computers on the public three target countries that should specialises in the implementation and provider in India or Bangladesh. network, either through the use of a make the recording and tracking management of IT services. The Furthermore, a range of secure hosting dedicated connection from one ‘end’ easier. In India the Unique industry also has strong business options are available in each of the of the VPN to the other, or by Identification Authority of India process outsourcing (BPO) capabilities. three countries. using encryption. (UIDAI)40 is an agency of the Government of India responsible for BPO is a subset of outsourcing that The capacity of the government to In terms of local user capacity, the implementing the Aadhar scheme, involves the contracting of the provide the required level of availability of secure communication which is a unique identification project. operations and responsibilities of connectivity to the entire country is an lines is an important issue that needs The Aadhar number is a 12 digit specific business functions (or issue that needs to be addressed in to be addressed. Many parts of the number for each individual, including processes) to a third party service advance of any larger scale system roll- pilot target districts do not even have infants. It will contain demographic and provider. out. In Bangladesh, the cost of internet Internet connectivity so this would biometric information to uniquely connectivity is still one of the highest According to a recent survey by the have to be provided for key users as identify each individual. As a result in the region and is well below the Bangladesh Association of Software & part of the pilot project each resident will be given a unique affordability of the common citizen. Information Services (BASIS), there are implementation. In Nepal these users ID number. over 800 registered software and ITES will include selected police and DCWB companies in Bangladesh, in addition stations, while in Bangladesh there are to a range of unregistered small also police stations and BGB camps 39 See ‘Digital Bangladesh for Good governance’. Prepared for the Bangladesh Development Forum 2010 in Bangabandhu International Conference Centre, 15 -16 February, 2010. Presented by Md. Abdul Karim, Principal Secretary, Prime Minister’s Office, The Government of the People’s Republic of Bangladesh. Available at 38 See ‘Bangladesh Software and IT Service Industry, Recent Trends & Dynamics’. Available at http://www.lcgbangladesh.org/BDF-2010/BG_%20Paper/BDF2010_Session%20VI.pdf. http://www.basis.org.bd/resource/About_Industry.pdf. 40 See http://uidai.gov.in/.
62 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 63 RESEARCH FINDINGS AND ANALYSIS Technical Development
The birth registration process is now In a broader context, governments’ AMBER Network, which operates as The MCA programme should strive available online in Bangladesh. In attitude to the use of technology to follows: after receiving a report of a to integrate in-country missing addition, community-based telecentres track missing or vulnerable children at child abduction, the responsible law child systems with the birth and information centres, as well as national level is linked to their overall enforcement agency conducts a registration system. This will services provided by civil society e-government policy. In Bangladesh preliminary investigation and require liaising with government to organisations like D.Net facilitate the the State pledged to achieve a ‘Digital determine if the specified criteria for explore and develop mechanisms process of birth registration. A missing Bangladesh’ by the golden jubilee of its an AMBER Alert activation have been for this to take place. child system implemented in Bangladesh independence in 2012. The strategy to met. All of the following conditions should ideally be integrated with the achieve this has four components: must apply: birth registration system. human resource development, ● A confirmed abduction has occurred. UIDAI aims to provide all Indians with connecting citizens, digital government their unique ID number, and will In Nepal the government have also for pro-poor service delivery and ICT ● The victim is 17 years of age or maintain a database of all residents. provided provisions for birth in Business. There are a range of younger, or of proven mental or However commentators expect that registration. However it is not current initiatives ongoing, and physical disability. it will be over five years before there is mandatory. Parents fail to register their government ministries seem keen to ● The victim is reasonably believed a completed database in place. children, which is an obstacle to the add to the list particularly if they are enforcement of laws relating to the by local law enforcement to be in In addition, while births should be funded. However their ability to deliver imminent danger of serious bodily exploitation of children and on further commitments in this regard registered at the place of their prosecution of traffickers. injury or death. occurrence in India, the Times of India is open to question. ● There is information available that, reported41 in March 2012 that about Plan has been promoting birth if disseminated to the general 25% of children born in India don’t registration for over a decade, as they 2.3.5 Missing Child Alert public, could assist in the safe have any identity. According to the see it as a critical first step in ensuring Systems Around the World recovery of the victim. report, the Registrar General of India’s the rights of a child. In the context of Missing child alert systems have been data shows that the birth of 6.6 million child trafficking it has been noted that set up by authorities around the world, Similar criteria are used by other police children went unregistered in 2007. the child’s identity is a substantial in order to help families find their forces around the USA and Europe. factor in legal procedures. It becomes missing children. In the United States In Bangladesh the National Identity almost impossible to rescue and of America (USA) the National Centre The NCMEC works in partnership with Registration Authority Ordinance 2008 repatriate the trafficked victims for Missing & Exploited Children the mobile phone providers to provide was approved by the Cabinet in March without any valid legal identity. (NCMEC) is a private non-profit mechanisms for the distribution of 2008. It has been described as creating However although government’s and organisation that acts as a resource on alerts by the police to wireless a national registration database with at some NGOs recent roles in raising issues of missing and sexually exploited subscribers who opt in to receive the least 19 fields. ID cards will be awareness on birth registration are children. They provide information and messages. Most of the alert systems mandatory and used for a variety of noticeable in Bangladesh, gaps remain resources to law enforcement, parents also implement XML feeds to send functions including driving, tax, in terms of children coverage and local and children, including child victims, as information to companies operating licences, loans, and mobile, cable and level capacity. well as other professionals. digital signs along highways (mostly satellite services. government controlled) or in other Police forces in states across the USA public places (typically privately have implemented emergency alert owned). Companies like Critical Reach systems for missing children. An (www.criticalreach.org) who deploy 41 See http://articles.timesofindia.indiatimes.com/2012-03-02/india/31116505_1_registration-indian-states-death. example is the California Child Safety and manage community alert systems
64 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 65 RESEARCH FINDINGS AND ANALYSIS Technical Development also provide software for missing child These arrangements should be between three and seven years to do alert systems. The intention of the missing child introduced on the basis of best so in many of the EU countries. The alert systems in EU countries differs practices developed by the European time required was linked in part to the Feedback from police officers from the CBCT response system Commission.42 number of police forces involved. operating missing child alert systems required in South Asia, particularly However despite the widespread indicates that there is typically a three in relation to the former’s focus on While evidence from the USA suggests accessibility of technology and the high hour window after the child is alerted abducted children and the that a missing child alert system can be priority assigned to the recovery of during which the chances of finding expectation that the public can put in place in a relatively short period missing/abducted children in these help find the child. Nonetheless the them are highest. They often send pre- of time provided there are police countries, the process of implementing alert information to the media and MCA programme should look to procedures in place already, and there learn lessons from the EU a missing child alert system was a other companies to ensure they are is already widespread acceptance of lengthy one in all cases. ready to broadcast when the go-ahead countries’ experience and from the the concept by the public, it has taken mechanisms that have been put in is given. This can result in more place. The ICMEC are also an effective distribution of information by important partner in terms of radio and television stations, roadside leveraging global expertise in the 2.4 Stakeholder Involvement and Governance and railway signage, and other public area. information outlets. Emergency alert m One lesson to be learned is that it is messages typically include the name, likely to take many years (possibly a age, sex, physical description and decade) before a missing child alert clothing of the victim and suspect, system is fully adopted in countries vehicle description, possible direction like Nepal or Bangladesh. The of travel and location and time last Government of India is more likely seen. Photographs are seen as an to be able to deliver on a national effective tool in recovering missing missing child system in a short The information flows required for the a number of initiatives to try to children. number of years, given the amount implementation of an effective CBCT coordinate these – one example being of work already done on the issue response or missing child systems in the Stop Trafficking website a In the European Union (EU) there are at various levels in the country. South Asia are severely lacking, even http://www.stoptrafficking.in. This child alert mechanisms in place in 11 within each of the countries. In the web portal is primarily a network of countries: Belgium, the Czech Republic, case of India the situation was stakeholders, including government France, Germany, Greece, Ireland, Italy, The objective is that an early warning described by one expert in the field as organisations, NGOs, academia, civil the Netherlands, Portugal, Romania, system for child abductions, with “chaotic, archaic, and implemented on society, victims and the media, and its and the United Kingdom. These aim to cross-border interoperability, be a case by case basis”. The current aim is to smoothen the service delivery alert the public in cases of child established in all 27 EU countries. situation facing missing children in the to victims of human trafficking in India. abduction and where the life of a child In order to resolve cross-border cases country was further described as Nonetheless the various sectors do not is at risk. They disseminate relevant countries have been invited to ‘sectoral’ and ‘fragmented’. While work together, and as a result the information in the hours after the establish and develop national there are many authorities and overall responses are not as effective disappearance of a child using all mechanisms to alert the public in the organisations involved, each looks after as they should be. possible electronic means (e-mails, event of criminal abductions of their own function. There have been SMS, electronic advertising displays, children, and to define the national illuminated signs on highways and flash implementing arrangements ensuring information on radio and television). that cross-border alerts are triggered. 42 Available at http://ec.europa.eu/justice/funding/rights/call_10014/ramc_ag_annex_5_2008_en.pdf.
66 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 67 RESEARCH FINDINGS AND ANALYSIS Stakeholder Involvement and Governance
leaving than coming back, and that need while following the policies and AMBER™ Alert there is no knowledge of where the directives of government and in AMBER™ Alert is the name given to a program that issues alert bulletins in non-returning children are. However particular the MCWSW. Similarly for response to the suspected abduction of a child. The name is an acronym for the true scale and scope of the a CBCT response system to be “America’s Missing: Broadcasting Emergency Response”. It was originally named problem is hard to define in the effective these also need to be after Amber Hagerman, a 9-year-old child who was abducted and murdered in absence of credible data, and the proactive and involved. Texas in the United States of America in 1996. Ministry realise that this makes it difficult to respond effectively. They In Bangladesh the Ministry of Home AMBER™ Alerts are typically distributed via commercial radio stations, radio see the MCA as having the potential to Affairs and the Ministry of Social (Internet and satellite), and television stations using an Emergency Alert System. Welfare and the MWCA also welcome Alerts are also issued via SMS text messages, e-mail, electronic traffic (roadside) help address this problem. This is not a the MCA programme initiative. signs, and LED billboards located in public places. realistic expectation in the short or medium term but it is important to Already, these ministries are working in The decision to declare an AMBER™ Alert is made by the police organisation that note that analysis of trends and a cross government committee on the investigates a possible abduction. Public information in an AMBER™ Alert usually issue of child trafficking. There are also consists of the name and description of the abductee, a description of the patterns is of particular interest at government level, as it is linked to counter trafficking committees at suspected abductor, and a description and license plate number of the abductor’s district level (one in each of the 64 vehicle if available. policy implementation. districts), sub-district level (a total of Those interested in subscribing to receive AMBER™ Alerts in their area via SMS The MWCSW also see the MCA as 480) and over 6,000 local committees. messages can avail of a Wireless alert service. This is offered by law as a free supporting the Child Helpline, which Indeed District Commissioners (DCs) service in the U.S. they are committed to making are seen to have a vital role to play in The AMBER™ Alert Program is coordinated nationally by the U.S. Department of available throughout the whole of the implementing the National Plan of Justice and supported by The National Center for Missing & Exploited Children country. Lack of resources, and in Action for Combating Human (NCMEC). The Department of Justice describes it as follows: particular the lack of sufficient trained Trafficking in Bangladesh, as they are “The AMBER™ Alert Program is a voluntary partnership between law enforcement social workers to support the children, responsible for law enforcement in the agencies, broadcasters, transportation agencies, and the wireless industry, to is currently hindering progress on this. districts. It was encouraging therefore activate an urgent bulletin in the most serious child-abduction cases. The goal of an to hear the Deputy DC outline a model AMBER™ Alert is to instantly galvanize the entire community to assist in the search For a missing child system to be for how a missing child tracking system for and the safe recovery of the child.” successful at district level in Nepal the could work. Because all unions have Central Child Welfare Board (CCWB) information service centres with and the District Child Welfare Boards Internet connectivity, he proposed must be involved. The DCWBs are in that information on missing children The NPA has been given a high priority 2.4.1 National each of the 75 districts in Nepal, and could be disseminated or shared by the Ministry, and children are In Nepal and Bangladesh the main they reflect the work of the CCWB at from them via the DC’s web portal viewed as a key element. However barriers to implementation of effective local level. They are chaired by the (http://www.dcjessore.gov.bd/), thus they also see the lack of authentic data systems and cooperation are lack of District Commissioner/Chief Executive, providing access to all UISC’s, border as being problematic. The MWCSW’s bureaucratic decision making and the membership consists of guards, police stations, social welfare own research which was conducted in structures and resources. In Nepal, the government representatives, social departments and NGOs who are six border areas has shown that the MWCSW have expressed their workers, medical practitioners, members of the District anti-trafficking scale of the problem of cross-border willingness to cooperate with, and teachers, and local representatives. committee. child trafficking is significant. They even manage, a missing child system. They action plans that reflect local recognise that there are more children
68 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 69 RESEARCH FINDINGS AND ANALYSIS Stakeholder Involvement and Governance
The Ministry of Home Affairs which is that matter missing persons – system away from home, police involvement workers and a Judicial Magistrate. overseeing the National Plan of Action in operation at national level, although and where the child is from. They are an attempt to decriminalise also recognises the need for a specialist as noted already there are state-level the administration of juvenile justice database for information sharing on and NGO-run systems in operation. The participation of the police in each through the presence of the trafficking. This is now seen as a major It has not been possible to ascertain of the target countries is also vital to social workers. target for the government, and as a the level of interest or commitment the success of the MCA. In India for result new protocols have been there is at Government of India level example, all cases of missing children Because of the range of stakeholders introduced on rescue, repatriation and for a single national missing child should be entered as FIRs. The involved, policy development and rehabilitation. The Ministry is also system, although official statements distribution of information relating to implementation, as well as working towards being an e-Ministry would suggest that there are plans in a missing child should then go to all management and decision making in across all departments, and including place to implement something like this. relevant police agencies within the relation to missing and rescued the police and BGB. As a result the country in real time. The mechanisms children at national level, are huge MCA programme is seen as having the At district level the role of child welfare used to implement this are police challenges. However they are potential to provide some of the committees (CWCs) are important in internal mechanisms. However any challenges that must be taken on by answers they require. India. State governments are required MCA programme interventions must government, with advice and support to establish a CWC or two in ever complement and support these. from organisations that can inform NGOs such as WOREC Nepal who offer district under the provisions of the policy and strengthen delivery. It is in rescue, counselling, rehabilitation, Juvenile Justice (Care and Protection of The working relationships that exist this capacity that the MCA can be re-integration and legal support to Children) Act. A child can be brought between the police and NGOs must most effective at national level. In women and victims of trafficking also before the committee (or a member of also be supported and strengthened. effect it needs to enable coordinated identified the aggregation of data the committee if necessary) by a police NGO partnerships are vital at a local national policy implementation in across organisations as important. officer, any public servant, CHILDLINE level, in the rural communities from order to (a) strengthen child protection The dispersal of data across personnel, any social worker or even which children are trafficked, along the at national level, and (b) build capacity organisations causes duplication and an ordinary citizen, or by the child transit routes, and in the urban centres to address cross-border trafficking gaps, and this is something which they himself/herself. The CWC will then act where they end up. Organisations such of children. see the MCA programme as having the to ensure the safety of the child – if as the Child in Need Institute (CINI) are potential to address. they have been rescued from a brothel ideal partners in the processes of 2.4.2 Regional rescue and rehabilitation as they have or are a victim of rape, for example, Regional initiatives to address Nonetheless the vitally important role they can be placed in a home and a presence on the borders, engage in of civil society and non-state actors prevention and protection work, cross-border child trafficking in offered support and counselling. South Asia have primarily been involved in service delivery must be Similarly if the child does not have a provide rehabilitation and support, and acknowledged. While this requires are involved in the SAARC processes. undertaken by SAARC and most family that can support them, they may recently by its apex body for children, further analysis, it is known that NGOs also be placed in a home. This is the In relation to repatriation the judiciary deliver a very significant number of are also key stakeholders. So too are SAIEVAC. Others such as UNICEF have case with many children who are also played an important role. They are the available services in Nepal, for trafficked from Nepal or Bangladesh. the Juvenile Justice Boards (JJBs), as example. As a result these they have the authority to deal with enthusiastic about the potential of organisations play a critical role in any The CWC reporting processes consists matters concerning children that are in the MCA programme at regional level, MCA initiative. of over 100 individual pieces of conflict with the law. JJBs are as was indicated by the Director information relating to the child. constituted for each district or group General of the SAIEVAC Regional In India there is currently no effective Examples include age, education, days of districts, and consist of two social Secretariat in Kathmandu: government-run missing child – or for
70 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 71 RESEARCH FINDINGS AND ANALYSIS Stakeholder Involvement and Governance
through its own mechanisms and the programme’s result areas. As a first undertaken by stakeholders including The goal for the MCA programme mechanisms of SAARC. SAIEVAC also step towards this and the coordination regional and international agencies. should be to have in-country works with civil society and the of cross-border child trafficking missing child systems managed by international agencies. As a result it activities in the region, the programme The primary objective of this web the government in each country, has all the components necessary to should establish a web portal on child portal is to meet the information needs with regional coordination through make the CBCT response system trafficking in South Asia. This web of user group 5 in Table 1. These are the CBCT response system sustainable as well as participatory. portal should represent the public face the organisations and individuals who managed by SAIEVAC. The latter is of the CBCT response system, seek access to information on child not a realistic option for the Organisations like UNICEF who have a thereby helping to establish it with trafficking in the region. foreseeable future but the MCA lot of experience in the area emphasise international, regional and national programme must build SAIEVAC’s The web portal should be developed the importance of ensuring that the stakeholders. It will provide capacity to manage it. This is likely issue of child trafficking is looked at using a popular content management to take three to five years. information relating to child trafficking from a broad child protection system (CMS) such as Drupal, and (and in particular cross-border child hosted by a reputable service provider. perspective, rather than just a trafficking), national initiatives aimed trafficking issue.43 For this reason also Indicative costs for the setup are in the at addressing the phenomenon, order of $10,000. An MCA programme The MCA programme should, it is important that SAIEVAC take and regional developments. member should be given responsibility as one of its first activities, set up responsibility for the governance of the The information presented should for content management, with a web portal to bring together all CBCT response system at regional reflect the breadth of effort being initiatives linked to (cross-border) level. However since they do not appropriate management oversight. child trafficking in the region. currently have the capacity to manage and maintain a regional database or system of coordination on child 2.5 Long-Term Vision “We are keen to be involved in any trafficking, the MCA programme will manner we can to support the need to perform these functions at MCA project as we are now quite least for the duration of the pilot well established as a regional entity project. They will also need to work for children in the SAARC region. with SAIEVAC during this time to help As the SAARC apex body we can build the necessary capacity for it to bring in strong political assume responsibility. commitment. And we can play a Sustainability and participation are others, emphasised that SAARC and Based on discussions with SAIEVAC a critical role in terms of coordinating both vital for the success of any MCA SAIEVAC are vital to its development. handover plan must be put in place for the whole process.” programme intervention. As the head the regional CBCT response system. of one organisation involved in the It is important that the child protection SAIEVAC support for the MCA mechanisms in the region address all The MCA programme should begin a delivery of child protection services in programme can help to make child categories of missing children, as well planned process of engagement with Nepal put it, there is a need for staff trafficking more prominent on the as children who are vulnerable to SAIEVAC that will lead to practical and other resources but government regional agenda. It can also work with abuse and exploitation in other ways. governments to get it on their agenda outcomes based around the will not commit money, people or resources to the area. It therefore While the MCA programme is seeking requires external funding sources and a to address one particular category, long-term strategy. She, like many there is potential to do so in a 43 This was highlighted by UNICEF’s Regional Adviser for Child Protection in an interview on 3rd October 2012.
72 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 73 RESEARCH FINDINGS AND ANALYSIS Long-Term Vision
Figure 8: Regional coordinating mechanisms operating at SAARC level behind the Toll Free Helpline project is The Toll Free Helpline project shows that all eight SAARC countries will that it is critical for the MCA adopt it as the uniform child helpline programme to bring the political toll-free number. This is intended to entities into the larger planning and facilitate better intervention in decision making process in order to addressing issues on violence against bring about policy changes and kick- children, and in particular the issue of start regional initiatives. The cross-border trafficking within programme must therefore find South Asia.44 appropriate strategies to mobilise the involvement and support of SAARC The Uniform Toll-Free project is a and related institutions. SAIEVAC is a political/governmental initiative with logical partner to help bring this about. CHI involvement. SACH was proposed in May 2012 by different child Finally the Uniform Toll Free Helpline helplines pre-empting the proposes to create a regional hub for operationalisation of the project. These sharing information on child survivors. are currently not coordinated properly This scope and technicalities of this are coordinated and convergent way into the dialogue of these of these and as a result they are not able to not clearly defined, but there would through a close working relationship organisations if it is going to make undertake effective lobbying to bring seem to be scope for the MCA to with SAIEVAC. There are a range of a difference. SAARC member states together. provide significant support to regional mechanisms, as shown in the initiative. Figure 8, through which agencies in The issue of trafficking in women and the different SAARC countries are children has been selected as one of linked together. SAIEVAC can play an the core priorities of the SAARC important role in coordinating the Human Rights Mechanism. This efforts of these mechanisms. mechanism brings together all the human rights organisations in the Most of the mechanisms in Figure 8 SAARC region, including all the are already in operation and are National Human Rights Commissions. addressing cross-border issues to These are a potentially important and varying degrees. With the exception of strong body to align with. the South Asia Child Helplines and the SAARC Human Rights mechanism The South Asia Child Helplines (SACH) which is currently in the making, is a new initiative linked to the SAARC others are very well institutionalised as Toll Free Helpline project. This project regional mechanisms. SAIEVAC is was proposed by SAIEVAC and CHI and in the process of creating convergence in 2012 it was approved by the SAARC among these institutions by working Development Fund (SDF). The 1098 with the SAARC Secretariat as well as number has already been harmonised in four countries: India, Nepal, 44 See Chile Helpline International. (2012). Child Helplines and Telecoms: Child Helpline International. Retrieved from the organisations themselves. The http://www.childhelplineinternational.org/assets/cms/File/Toll%20free%20advocacy%20toolkit%20v7%20 MCA programme must find its way Bangladesh and Bhutan, and the vision FINAL.pdf.
74 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 75 Technical Architecture 3
Plan / Shona Hamilton 77 TECHNICAL ARCHITECTURE Option 1: Decentralised Model
The key requirement for systems readings, finger prints, etc. can be used 3.1 Option 1: Decentralised Model dealing with in-country or cross-border and automatic matching of child trafficking is to be able to match photographs can be implemented. ‘missing’ child data gathered at source In addition systems can be integrated with ‘found but untraced’ child data at with birth registration and unique ID destination. This is true at national systems implemented at State level in level and across borders. From a order to ascertain child identity. technical point of view the potential exists in the region to develop systems There are three different approaches to do this. Biometric data such as iris that can be taken. Option 1 requires the development of with support from the MCA national missing child systems for programme and ICMEC. Nepal and Bangladesh, and the drafting and implementation of This is a decentralised model in which Option 1: Decentralised Model protocols to exchange information in all the actions that take place after Build a network of in-country missing child systems that would exchange agreed format between these and the a child is reported as missing (see information about missing or found children. The MCA programme would support missing child (or persons) systems in Figure 9) are performed by in-country the development and deployment of these systems by the national governments, India. The protocols could be modelled systems that communicate and and would work with stakeholders to develop protocols for the exchange of exchange information. The MCA information. on the best practices developed by the European Commission, and should be programme would facilitate the Option 2: Centralised Model drafted and agreed at SAARC level, implementation of missing child Design and implement a centralised cross-border child trafficking response system in which authorities in each country can record incidents of suspected cross-border Figure 9: MCA decentralised model architecture child trafficking. This system would send notifications to recipients in the country(s) the child is likely to have been brought to. It would also coordinate cross-border activities such as search, rescue and repatriation of the child. Additional alerting within the country in which the child went missing would be handled by in-country Alerts missing child systems. National Network Exchange of Information between Missing Child Systems Option 3: Collaboration with Homelink/YaR Alerts Missing Child Implement a missing child search system across the region by extending and Alert System National Network modifying the existing Homelink system. (Nepal) Secured regional network Missing Child Alert System (Bangladesh) NGO Network
Homelink State Network Partner Organisations Missing Persons New Missing AP CID Police, (AP-NIC) Child Systems CWBs, NGOs
CID Police (AP)
78 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 79 TECHNICAL ARCHITECTURE Option 1: Decentralised Model systems in Nepal and Bangladesh, There are a number of advantages to Figure 10: Option 1 High-Level Scenario: Child is reported missing while in the case of India it would need taking this approach: to work with existing missing child/ Child is reported Information forwarded persons systems (Homelink, AP-NIC 1. By working with the Ministry of as missing to police to investigate system, etc.) to have them implement Home Affairs in Bangladesh and information exchange protocols. the MWCSW in Nepal, in-country Efforts should also be undertaken to missing child systems can be Child confirmed as implemented that will strengthen Child missing for Child gone missing expedite the development of a national missing suspected weeks/months in last few hours missing child system by the the national child protection trafficking Government of India. systems. 2. The development of extensible and Figure 10 outlines a typical high level Send details to Indian Child missing for > 1 day scenario for when a child is reported as technologically robust systems for Missing child systems missing. It shows that with this model tracking and matching missing/ Urgent alert found children from scratch activated the responsibility for alerting would be Raise Alert in with the in-country system. For provides a good opportunity for Indian systems example, if the missing child system in governments that have a Repeated checking No: child likely to have been commitment to effective solutions (i.e. found children West Bengal receives information from Match found? trafficked across the border to prevent child trafficking. checked against Bangladesh relating to a specific child, ‘missing’ children) then that system must alert its police Standard data models can be and others. Found but untraced adopted and utilised, and reusable Child found? application software can be Missing child matched to Indian alerts activated children are recorded in the missing ‘found but untraced’ child child system in the country in which designed and built. This can then they are found. be customised for Bangladesh and Nepal. Initiated appropriate proceedings (possibly for repatriation/reunification) Ideally the systems at national level should be under the control of a 3. If missing child systems in government authority. This Bangladesh and India are adopted Bangladesh national Cross-border information India-based missing child system flow/collaboration missing child system government authority would need to by the police and other authorities assign appropriate urgency to the they provide an opportunity for information received about a child rapid alerting within the borders of However there are also a number of 2. The rapid alerting of the authorities trafficked from another country, and the country. risks or disadvantages. The main ones and NGOs across a border requires would ensure that alert notifications 4. By developing a good technological are: collaboration between national are sent to all authorities or agencies solution for tracking and matching missing child systems. These can be within its own network. If these 1. Given the political, administrative, missing/found children, the MCA bilateral or agreed on a regional networks are limited or the receiving social and technological situation in programme has an opportunity to level. The latter is the preferred authority is not adequately sensitised Bangladesh and Nepal, it is likely to advocate for its adoption by the option, implemented at SAARC to the issue of cross-border trafficking take many years (perhaps in the Government of India who currently level through combined lobbying from the source country, then the order of a decade) to have the do not have such a system (see by the MCA programme and scope of the alerting will be limited or governments implement effective Option 3 for further observations SAIEVAC. However this seems like non-existent. national missing child systems. on this). an unlikely goal in the short term.
80 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 81 TECHNICAL ARCHITECTURE Option 1: Decentralised Model
In either case, the operation of the oversight and coordination that is Table 2 shows indicative costs (in US$) presented in Appendix 4. These figures entire coordinated system requires needed to operationalise and for the development and deployment were provided by an India-based the drafting and implementation of sustain the initiative. of one national system – i.e. a national company with strong BPO a range of SOPs to handle the system for Nepal or Bangladesh for capabilities.45 information flows and collaboration To develop the national missing child the proposed high level architecture between governments. systems, the MCA programme should identify a technology solutions partner Table 2: Indicative costs (in US$) for implementation and operation of single national 3. The ongoing checks for children that can provide all business process missing child system who have been reported as missing outsourcing requirements associated in one country against the rescued with the development and deployment Component Initial Expenditure Year 1 Year 2 Year 3 (‘found but untraced’) children in of the in-country systems. However the Hardware* 94,000 18,800 18,800 18,800 another country could present government should have significant say difficulties as there is no single in this and in the technical architecture System software** 45,000 9,900 9,900 9,900 system with all the details of both. of the system given its role as There are a number of ways in managing authority. Implementation cost*** 150,000 45,000 37,000 30,000 which this might be handled (for Contingency 29,250 8,235 7,035 5,985 example, repeated requests from The systems should support a range of one system to another to check, or interface modules for missing child TCO (3 years) 224,250 63,135 53,935 45,885 periodic data transfers), but these reporting and for alerting. In the initial are not ideal (for example an pilot phase the interfaces should be Capital Expenditure (CAPEX) 224,250 IP-based, including web updates, email immediate match between a found Operational Expenditure (OPEX) 162,955 child in the destination country and and news feeds, but in time these are missing child in the source country likely to be extended to include other TOTAL 387,205 might not be possible). alerting mechanisms. The systems should if possible be integrated with Notes: 4. Furthermore since the authorities birth registration systems, and * Hardware estimate covers servers for separate database servers, webservers application servers for deployed across India do not have a national capability should be included for system, and for a development/QA system. The actual configuration can only be arrived at during the system for tracking missing the use of biometric data for recording requirements phase of the project. Purchase cost of hardware is included in the estimate. ** System software costs are based on the use of a JEE application server, RDBMS enterprise license including children, nor do they have common and matching. development and QA, and projected costs for other system software. 30 user licenses are supported as this is alerting or response procedures expected to be sufficient for a pilot implementation. Use of an open source platform such as NetBeans/Symfony that can be mobilised when a child From an application point of view the would reduce this cost. is trafficked, there is no single missing child system would be strongly *** Implementation costs cover systems implementation and ongoing enhancement and maintenance (business as interface point for the systems/ workflow-based and would require a usual) costs. authorities in Bangladesh or Nepal robust, secure, deployment model in to communicate with. This is a which a range of components work problem with any of the options together in an integrated way. A selected at present. software architecture consisting of an n-tier integrated application server and 5. As responsibilities are all pushed development framework should be down to the national level, the used (this can be J2EE based or approach lacks the centralised Microsoft platform based). 45 Full details of this company and other potential technology partners are available as separate documents.
82 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 83 TECHNICAL ARCHITECTURE Option 2: Centralised Model
3.2 Option 2: Centralised Model through to repatriation of a rescued 4. A database of alert recipients is child. This system should be maintained by a system implemented in consultation with coordinator, and for each missing SAIEVAC, who can ensure that SAARC child alert a schedule of alerts may become a powerful institutional lead be created by an authorised agent for the initiative. At the end of the pilot (for example certain police officers phase Plan should aim to hand over who have the authority to issue an operation of the system to them alert). In the first phase at least, (SAIEVAC). alerting is IP-based, and may Option 2 is a centralised CBCT alert requests through the centralised consist of: response system dedicated to regional system, on the basis of their It is envisaged that this regional system addressing the needs of children who analysis of a missing child report. would work as follows: (a) email notifications. have been trafficked across a border (b) RSS news feeds. For this, a regional database, with This model focuses specifically on 1. A secure, centralised server records effective national alerting mechanisms, cross-border trafficking of children. missing (trafficked) children). Found (c) XML-based data feeds to needs to be put in place. Members of The MCA programme would children could also be recorded in partner systems. These may the public, community centres etc. can implement and operationalise a this system. Alternatively found include broadcast media report missing children; these are regional system to address the issue in children could be recorded in outlets, national/local missing initially investigated by the police in a coordinated manner. This regional in-country systems which would be persons systems, and networks the source country, who can then CBCT response system would manage checked on an as-needed basis by such as the police and railway activate in-country and cross-border each child’s case from initial logging the CBCT response system. police in India. 2. Web browser interfaces for the IP-based alerting can be done by the centralised regional system Figure 11: MCA centralised model architecture Option 2 – Architecture initial reporting, alert activation and management (by the police or hosted in any part of the world. other authorised agency), and the However if alerting is done using SMS provision of updates relating to the voice or SMS messaging then it Gateway initial search and to the status of should be initiated in-country for cost reasons. This would necessitate Alerts the missing child. Even though a missing child may be reported via either (a) the mirroring of the cross-border alerting database in Missing Child Reports IP-based Alerts the web interface it must be Regional Network (direct reporting from reviewed (by the police) before it is each of the three countries, with any country) CBCT Response System confirmed and accepted as a valid notifications sent from the locally Regional System record of a missing child. mirrored sites; or (b) local alerting done by local agents or nodes in 3. Child records remain open on the each of the countries. These local Local Alerting system until such time as the child alerting nodes could receive the National Network has been successfully repatriated alert information by email, etc. and (by which time the child may be respond by sending an SMS over 18). broadcast using their own gateway In-country missing child systems (Homelink, etc.) software or by making phone calls.
84 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 85 TECHNICAL ARCHITECTURE Option 2: Centralised Model
5. Links will be provided to national The advantages of the centralised 4. The system will, over time, provide 2. The management and operation of child tracking systems in Nepal and option are: accurate data in relation to the CBCT response system requires Bangladesh (if/when these exist), cross-border trafficking of children. significant resources which the as well as to other partner systems 1. It is not dependent on the MCA programme would have to such as Homelink and the AP-NIC implementation of national missing The main risks/disadvantages are: provide. missing persons system) so that: child systems. The intervention still needs the support and cooperation 1. Without in-country missing child 3. There is a risk that the system is (a) data can be automatically of the authorities to succeed, but systems or some mechanisms for seen as a private initiative, which transferred from these to the the technological system can be effective, coordinated responses by may inhibit the engagement by regional system if a missing deployed independently of them. the authorities in Nepal and governments and participation by child has already been This is likely to result in faster Bangladesh, and without a national the State authorities. recorded. implementation as well as better system in India, this model is limited in its capacity to distribute (b) national/local partner databases coordination of activities across the alerts amongst the police, border can be searched for a reported three countries. guards, railway police, etc. missing child. Missing child 2. Since the alert notifications are searches could be implemented controlled centrally, the response to Figure 12: Option 2 High-Level Scenario: Child is reported missing from/to in-country systems a missing child report can be (such as Homelink, coordinated and have a broad for example). Child is reported Information forwarded reach. It is possible, for example, as missing to police to investigate The MCA programme needs to actively to configure a notifications encourage potential partners to receive database to send alerts according and act on the alerts, starting with the to a pre-determined schedule (for Child confirmed as proposed pilot project districts. example immediately to BGB in Child missing for Child may still weeks/months missing suspected be in transit Bangladesh, to railway police and trafficking? It is important to recognise that the others along known transit routes regional system is not replacing the in India after a period of number of case management systems used by the hours, and later to trusted Record in and look for matching Activate alert ‘found but untraced’ child in sequence police, child welfare service providers, organisations operating in the likely CBCT database helplines, shelter homes or any of the destination cities. Yes other stakeholders, nor is it replacing the national missing child/persons 3. As with Option 1, this may require the drafting and implementation of Missing child matched Child systems. It is a separate system which to ‘found but in ‘found’ Escalate Alert Yes Child found? focuses on cross-border child SOPs to handle the information untraced’ child database? (boarder reach) trafficking, and in particular on the flows and collaboration between coordination of rescue and governments. However the information exchange is more likely Initial approach proceedings for safe rescue repatriation. rescue of child for repatriation/reunification to succeed if it is being coordinated (depends on where child has been located) A typical scenario for when a child is at regional level. reported missing is presented in Local Bangladesh Cross-border CBCT response Figure 12. police processes collaboration system
86 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 87 TECHNICAL ARCHITECTURE Option 3: Collaboration with Homelink/YaR
4. SAIEVAC’s capacity to take over response system are primarily system based on Homelink technology India, albeit one which is not widely and extend the system at the end dependent on the technological would depend on several factors, used by the authorities. of the pilot phase is not at all components used to build it, and including the type of system being certain, and would require where/how it is hosted. Taking the implemented, the willingness of other The main drawbacks are: immediate and ongoing same approach as was taken for the stakeholders (especially at government 1. An extended/customised Homelink engagement by the MCA national missing child tracking systems, and departmental level) to engage. system would be constrained by programme. it is expected that the TCO is in the Negotiations would need to take place the existing design, and by the order of $400,000 over the three with Don Bosco/YaR Forum on the model adopted by the organisation The costs associated with the years of the pilot phase. basis of the system requirements. implementation of the regional CBCT that has already invested in its Developing national missing child development and operation (Don systems for Nepal and Bangladesh Bosco/YaR Forum). In particular it 3.3 Option 3: Collaboration with Homelink/YaR based on the Homelink/YaR software is would not provide scope to another possibility that can be implement a standard data model considered. Connecting these systems for missing children. and sharing data would need to be 2. Whereas automatic matching of studied, but since the software is being missing and found children (based developed by the same party there are on biometric data for example) technical options available. One option could be built into Options 1 or 2 that has been proposed is to export from the start, the current A third option is to implement a between the MCA programme and the date periodically from one system, for dependency on manual matching in regional or country level system for the YaR Forum. example as CSV files (one of the more the Homelink software is collection of missing child information common format used across data something that would need to be based on the missing child search As an organisation the Don Bosco YaR sharing), and to import to the other addressed, particularly given the software used in the existing Homelink Forum is committed to coordinating system(s) in order to look for matches large volumes of unverified reports system. The software could be those involved in the youth ministry for between missing and found but that the system could potentially customised and extended to provide Young at Risk in South Asia. It is also untraced children. contain. Again the opportunity to committed to networking with like- additional alerting functionality, with The main advantages of this option are: get the software ‘right first time’ is user rights provided to the authorities minded organisations on behalf of YaR, missing. and NGOs across the three countries. and to influencing policies related to 1. Since Homelink has already missing YaR at the state, national and child search functionality the 3. The fact that the Homelink system Consultation with the Don Bosco YaR international levels. It has an extensive implementation of a CBCT has not been adopted by the Forum indicates that they would be network in India but its success as a response system or an in-country Government of India, despite the willing to consider the possibility of cross-border child trafficking response missing child system would be discussions that have taken place developing a regional level hub for system would depend on greater faster and less costly that the with Don Bosco means it is not well missing children. The functionality participation by government and other options. positioned as a solution to be could, in principle at least, incorporate state authorities. adopted by governments in the functionality described in Option 2. 2. Homelink is the only national the region. However this would have to be The time frame and cost for putting in missing child system in operation in determined through mutual agreement place an effective CBCT response
88 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 89 TECHNICAL ARCHITECTURE
Preliminary investigations suggest that to sell the HomeLink model to the it is likely that when a national data latter. However the solution offered by gathering and matching system for Don Bosco/YaR Forum is preliminary missing children finally becomes a and will not meet the requirement of a reality in India, it will be managed by technically superior solution that is the MHA and not the MWCD. There is required. a strong advocacy currently underway Roadmap and Conclusions 4
90 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA Plan / Bernice Wong 91 ROADMAP AND CONCLUSIONS Roadmap
Roadmap A number of potential partners 6. As part of the advocacy being have already been identified as part undertaken at national level in each of the feasibility study. Others can of the countries, a plan needs to be be identified through the IT put in place to achieve the political industry networks in Bangladesh and operational acceptance, and to (BASIS) and India (NASSCOM). The build the capacity of local actors to process will require the drafting of use the technological system. This an initial set of requirements for plan will be based on the Plan the system. country proposals, but needs to The ideal solution is a combination of of success but stakeholder dovetail with other ongoing efforts technologically robust, national missing acceptance is crucial. 5. An agile approach should be taken to sensitise the authorities. child systems as outlined in Option 1 to the development of and implemented by governments, and 2. Put in place the necessary technological solutions. This is an 7. The MCA programme should also a regional database managed by resources at regional level (MCA incremental or iterative approach engage as soon as possible with SAIEVAC and linked to the national programme) and CO level (Plan) to that facilitates adaptive planning, as civil society and local government systems (Option 2). The long-term goal advocate for the political, well as evolutionary development partners who will help to promote for the MCA programme should be to administrative and legal changes and delivery. Given the uncertainly awareness leading to increased achieve this goal. However it is necessary to address the involved and the evolving reporting of missing children at unrealistic to expect it to become a phenomenon of cross-border landscape linked to ongoing community level. reality in the next three to five years. trafficking, and to enable the advocacy, this is advised in order to Nonetheless the pilot project can make necessary capacity building minimise the risk associated with This roadmap will enable the MCA significant progress towards this goal activities to take place. the technological development. programme to meet its objectives to provided it can show that the MCA develop, implement and test the 3. Begin work as soon as possible on This approach will enable the programme offers technologically technology-based system and to bring the proposed web portal. The deployment of a basic functional robust solutions that can help to track, as wide a range of actors as possible launch of this can provide a focal system as early as possible. The rescue and repatriate children that are together in order to ensure it becomes point for the programme in its timing will be dependent primarily trafficked from one country to another. a fully realisable regional system. The engagement with stakeholders. on political and operational These solutions need to be acceptable focus of the pilot project should be on acceptance of the concept, but testing the effectiveness of the politically and operationally, as well as 4. Based on the outcomes of (1), from a technology point of view it intervention and its capacity to usable by all user groups. select one of the options for pilot should be possible to have a basic succeed on a broader scale, rather than implementation. A business process The recommended next steps are as system in place within one year of the number of children reached. partner that can develop the follows the start of development. software/application and has the 1. Explore each of the technical expertise to guide its deployment options presented in greater depth, and operation should be identified by engaging with the governments early on. Since the MCA and in particular key people in the programme does not have relevant ministries, SAIEVAC, and expertise in this area it should look Don Bosco/YaR Forum. Option 2 is for a partner company that has. likely to present the highest chance
92 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 93 ROADMAP AND CONCLUSIONS Conclusions
Conclusions otherwise, any system the programme national child protection systems, it is attempts to put in place will only work important to understand their effectively if it has the participation of strengths and weaknesses. Further all three States. However it will not be research is necessary for the MCA easy for the MCA programme to programme to fully address this area. directly influence the central government of India, Bangladesh or From a grassroots point of view the Nepal. The last two could be made challenges faced by the MCA even more difficult if the lead programme will become easier if there Technological systems to address the prepared to hand it over to SAIEVAC at organisation in any system of are networks of local anti-trafficking issue of cross-border trafficking must an appropriate stage. cooperation is an Indian organisation. and child rights organisations at the be viewed as only part of the solution. For this reason the political leadership forefront of the initiative. And from a It appears unlikely that SAIEVAC will For them to be effective the necessary of the MCA programme’s primary child protection point of view it is on its own evolve a data gathering and legal and institutional arrangements partners, and their acceptance in the important that children themselves are data matching solution to address the must be put in place, and the political relevant project areas, will be vital to involved. They should not remain problem of missing and found but and administrative will must exist to its success. locked at the heart of child protection make them work. Systemic factors such untraced children. At most it will systems like the MCA. Instead efforts as migration (legal and illegal), human strengthen current government efforts. There is also huge potential for peer should be made to involve them in smuggling, poor border vigilance, However it is also important for the support between the three States at their own protection, through direct corruption at the border, domestic MCA programme to strengthen the governmental level. India, Bangladesh engagement in schools and legal and judicial arrangements, the national systems in Nepal and and Nepal are at different stages of communities, and through consultation normalisation of certain types of Bangladesh, first through advocacy development when it comes to their with children’s groups. This will require economic crimes in the communities aimed at ensuring the government’s national child protection systems, with additional risk assessment as it involves living alongside the national border all commitment to combating child India further advanced in many highly perilous activities and potential impact on cross-border child trafficking, followed by the facilitation respects. Since the MCA is expected to exposures to unwanted attention of trafficking. No technical solution can of technology-based solutions. complement and strengthen the traffickers and others. be expected to address the practice in SAIEVAC and SAARC together have a the absence of reforms on all of these relatively better locus standi to fronts. The ultimate goals are circumvent the obvious reluctance on prevention of child trafficking, the part of Bangladesh for any minimisation of ‘found but untraced’ effective ban on illegal migration of children, efficient repatriation and Bangladeshi children to India or their reunification, as well as minimum repatriation to Bangladesh. Addressing stress to the children and their this will be an important element primary carers. towards achieving the MCA To be effective, the MCA programme programme’s objectives. should develop a carefully drafted As it stands, any MCA programme strategy to get the best out of the initiative may be viewed as a private SAIEVAC initiative. It should proceed initiative only. Whether technical or with a technological solution, but be
94 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 95 BIBLIOGRAPHY Bibliography Plan International. (2011). Context Analysis of the Child Trafficking Situation in India, Bangladesh and Nepal.
Plan International. (2012). The ‘Missing Child Alert’: Inventing technology to end cross-border trafficking of boys and girls from Bangladesh, Nepal to India Regional Proposal: ‘Missing Child Alert’. Ananthapur, R. (2011). India’s new Data Protection Legislation. 8:2 SCRIPTed 192. Retrieved from http://www.law.ed.ac.uk/ahrc/script-ed/vol8-2/ananthapur.asp. Plan Nepal. (2012). Missing Child Alert System: Combating Cross-Border Child Trafficking Plan Nepal Country Proposal (2012-2014): Plan Nepal. Chakraborty, A. (2012). Human Trafficking – an emerging crime syndicate and bondage to the society of West Bengal. Golden Research Thoughts, I Silva, R. (2002). On ensuring a higher level of data quality when documenting (VIII (Feb 2012)). human rights violations to support research into the origin and cause of human rights violations. Joint Statistical Meetings – American Statistical Association. Chile Helpline International. (2012). Child Helplines and Telecoms: Child Helpline International. Retrieved from http://www.childhelplineinternational.org/assets/ UNICEF Innocenti Research Centre. (2008). South Asia in Action: Preventing and cms/File/Toll%20free%20advocacy%20toolkit%20v7%20FINAL.pdf. Responding to Child Trafficking: UNICEF.
Damle, A. (2012). Key Lessons and Plans Missing Child Alert (MCA) – UNODC (2011) Responses to Human Trafficking in Bangladesh, India, Nepal and Commencement of Feasibility Study: Kickoff Workshop, 11 – 13 July 2012, Delhi: Sri Lanka: Legal and Policy Review. United Nations Office on Drugs and Crime. Plan International. Retrieved from: http://www.unodc.org/documents/human-trafficking/2011/ Responses_to_Human_Trafficking_in_Bangladesh_India_Nepal_and_Sri_Lanka.pdf. Hameed, S., Hlatshwayo, S., Tanner, E., Turker, M., & Yang, J. (2010). Human Trafficking in India: Dynamics, Current Efforts, and Intervention Wulczyn, F., Daro, D., Fluke, J., Feldman, S., Glodek, C., & Lifanda, K. (2010). Opportunities for the Asia Foundation: Stanford University. Adapting a Systems Approach to Child Protection: Key Concepts and Considerations. New York: UNICEF. International Centre for Missing & Exploited Children (ICMEC). (2011). Missing Children in Central America: Research of Practices and Legislation on Prevention and Recovery: United Nations Children’s Fund (UNICEF), International Centre for Missing & Exploited Children (ICMEC),. Retrieved from http://www.icmec.org/en_ X1/icmec_publications/Central_America_Missing_Children_Report__Final_.pdf.
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96 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 97 Appendix 1 Appendix 2
DEMIR™ Framework List of Interviews The DEMIR™ framework has been developed and used as a management and evaluation The following is a list of organisations and individuals interviewed during the data framework for information systems projects in the non-profit sector. These projects are collection stage of the feasibility study. All interviews took place in August and November typically characterised by the wide range of stakeholder perspective, lack of clarity around 2012. initial requirements, and a need to recognise and address a vast range of socio-political factors. Technology and Technology-Based Service Providers The framework consists of five steps, namely Definition, Exploration, Modelling, Implementation and Review. The latter two are typically repeated in ongoing cycles of Bangladesh Bangladesh Association of ABM Reazuddin Mosharaf, Director action and learning (review). Software and Information Hashim Ahmed, Senior Program Manager The application of the DEMIR(tm) framework to the cross-border child trafficking system(s) Services (BASIS) project is as shown below. ISACA, Dhaka Chapter Ali Ashfaq, President A.K.M. Nazrul Haider, Vice President Omar F. Khandaher, Board member High Leavel Problem Requirements Definitions Vizrt Md Momenul Islam Milton, Managing Director Definition Exploration Modelling Aamra Networks Sharful Alam, Chief Operating Officer
Criteria Activity Models Bangladesh Institute of Md Shahid Uddin Akbar, Chief Executive Officer Feasibility Study for Success (Blueprints) ICT in Development (BIID)
Nepal Subisu (Kathmandu and Sudhir Parajuli, Chief Executive Officer Nepalgunj) Deepak Shrestha, Chief Technical Officer Pilot Project Nabin Adhikari, Deputy Manager – Marketing Review Implementation Rajat Kavastha, Sr. Manager – Marketing Nepalgunj local representative Worldlink (Nepalgunj) Local representative NCELL Manish Joshi, Device Specialist – Regional MCA Product Management
98 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 99 APPENDIX 2 APPENDIX 2
Technology and Technology-Based Service Providers (continued) Civil Society (Non-Governmental Organisations, Community-Based Organisations, Social Enterprises, Academics) (continued) India Genpact Shweta K Honavar, Assistant Vice President Follow-up with Nitin Nagpal, Vice President, Nepal CWIN-Nepal (1) Madhav Pradhane, President and technical team (2) Sumnina Tuladhar, Executive Coordinator (3) Madhu Dawadi, Regional Team Leader, PIT Solutions Thomaskutty Sebastian, Director – Nepalgunj Business Development (Skype) (4) Staff team, Biratanagar Alliance and Microsoft Vinad Tadepalli, Director Technology, Alliance SAATHI Regional Office, Bindita Shah, Program Coordinator (India) Saradhi, A S V CH, Program Manager, Nepalgunj Microsoft India WOREC Nepal (Biratnagar) Deloitte Touche Sungharsh Sood, Manager, Clients & Markets Tohmatsu India India CHILDLINE India (1) KajolMenon, Executive Director and Vasudhaiku Raj Vallabhaneni and Saraswathi Rajasekhar Foundation Nishit Kumar, Head Communications and Strategic Initiatives NeerInteractives Jai Sankar Aluru, Director (2) Carlyle Periera, Head, West Regional Resource Centre
Civil Society (Non-Governmental Organisations, Community-Based Organisations, Social Don Bosco Fr. Joe Prabu, National Director Enterprises, Academics) Prerana Anti-Trafficking Pravin Patkar Center (ATC) Priti Patkar Bangladesh D.Net Ananya Raihan, Executive Director Shamarukh Alam, Chief of Operations Pratham Farida Lambay Nadia Shams, Senior Assistant Director Society for Assistance Pramod Kulkarni, Secretary Bangladesh National Salma Ali, Executive Director to Children in Difficult Women’s Lawyer’s Situation (SATHI) Association (BNWLA) Society for Community Anindita Ray Community Resource Intervention and Centre (ICT Centre), Research (Kolkata) Noapara Union, Child In Need Institute Sunit Mukherjee, Chairman, and Rajib Haldar, Jessore (CINI) Additional Director Dhaka Ashania (1) Shafiqul Alam (Dhaka) SANLAAP Indrani Sinha, Executive Director Mission (DAM) (2) Jessore District team SANJOG Roop Sen, Secretary and Technical Advisor Women’s Action Group, Benapole Vidyasagar School of Professor J. Mazumdar, Deputy Director Social Work, West Bengal
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Government Ministries and Authorities Government Ministries and Authorities (continued)
Bangladesh Ministry of Home Affairs Dr Kamal Uddin Ahmed, Additional Secretary India Andhra Pradesh State (1) N. Ajay Kumar, Deputy Superintendent of (Political) and Roxana Hasim, Deputy Secretary Police, Crime Investigation Police, WPC Hyderabad Division (2) J. Ajay Kumar, Deputy Inspector General Ministry of Social Welfare Dr Ranjit Kumar Biswas, ndc, Secretary (3) S. Umapathi, Inspector General Ministry of Women and Tahmina Begum ndc, Joint Secretary and (4) Mr. Ramamurthi, Officer in Charge for Children Affairs Dr M. Aminul Islam, Deputy Secretary Missing Person Link System (5) S.V. Ramana Murthy, Additional Director Deputy Commissioner’s Md. Mustafizur Rahman, Deputy General of Police Office, Jessore Commissioner and District Magistrate Women Development and P. David Raj, State Manager of Child Protection Union Information and Child Welfare Department, Planning and Monitoring Unit Service Centre, Noapara Andhra Pradesh Union, Jessore Police, SharshaUpazila Investigation Officer Regional/International Agencies and Organisations Nepal Ministry of Women, Dr Kiran Rupakhetee, Under Secretary Children and Social Welfare UNICEF Ron Pouwels, Regional Adviser Child Protection, UNICEF Regional Office for South Asia Central Child Welfare Dharma Raj Shrestha, Executive Director Board SAIEVAC Dr. Rinchen Chophel, Director General, Regional Secretariat District Child Welfare Board, Biratnagar International Centre for Missing Caroline Humer, Program Director and Exploited Children National Centre for Children at Risk National Center for Missing and Robert Hoever, Director, Special Programs, Exploited Children (NCMEC), USA Missing Children Division District Police, Nepalgunj Officer in charge at border checkpoint Garda Missing Persons Bureau, Police Sergeant Michael Kennedy District Police, Biratnagar Officer in charge at border checkpoint Ireland Women and Children California Highway Patrol’s Chief LD Maples Service Centre, Biratnagar Emergency Notification Tactical Officer Janet Lockhart District Committee for Alert Center (ENTAC) Combating Human Trafficking (DCCHT), Biratnagar
102 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 103 APPENDIX 3 Appendix 3 Information Management and Protection (continued)
10 Does the system have a role in identifying and/or addressing vulnerability to trafficking? 11 What is the MCA system’s role in relation to prosecution of traffickers? What are the implications in terms of monitoring and recording (for example should traffickers be Results of Delhi (Kickoff) Workshop Consultation recorded)? What are the implications in terms of child protection? 12 What is the MCA system’s role in relation to advocacy, and what are the implications in The Delhi kickoff workshop (11 – 13 July 2012) identified a series of questions under a terms of child protection? number of challenge areas. These were used as the basis for the interviews conducted during the exploration stage of the study. 13 What is the MCA system’s role in repatriation and rehabilitation, and how is this best implemented? While it was not possible for the feasibility study to answer all of these questions 14 How can the system be designed to meet the particular needs of children who are trafficked comprehensively, every effort was made to address as many of them as possible. or at risk of being trafficked? 15 What is the role of social media in the system? Information Management and Protection 16 What is the relationship between the MCA system and the media, keeping in mind the overarching principles of child protection as well as issues of liability? 1 What existing child protection policies, programmes and projects should the MCA system be linked to, and how? 2 What are the strengths and weaknesses of the different networks working on anti-trafficking The Legal Landscape in the region, particularly in Bangladesh, India and Nepal, and what lessons can be learned from these? 1 How does the legal framework and mechanisms relating to child trafficking in each of the three countries impact on the MCA system? 3 How will individuals and organisations already working on anti-trafficking in Bangladesh, India and Nepal be able to use the proposed MCA system? 2 What actions need to be taken to meet data protection obligations in each of the three countries? 4 How are missing children identified and represented in the system? The model should incorporate issues such as birth registration (where it exists), the use of oral and visual 3 Are there legal restrictions in India / Bangladesh / Nepal regarding information about content, why a child is missing, rescue and repatriation, special cases (for example children that are reported as missing? transgender children), children who have aged-out, etc. 4 What are the legal implications of cross-border operation of the system (governance, 5 What kind of information should be disseminated as an alert? Should the recipients of security, data sharing, etc)? alerts/information be controlled, and if so, how? 5 How can the MCA system support advocacy aimed at more effective implementation of 6 How is data confidentiality ensured? How is access to data/information controlled? national policies in relation to protection, repatriation and rehabilitation? 7 What additional measures are necessary to ensure that the system does not put children 6 How can the MCA system help to identify changes that need to be brought about at policy at further risk? or implementation level in order to ensure more effective cross-border action on child trafficking? 8 How is the application of a uniform policy and practice on child protection ensured in a multi-lateral project that has involvement of a range of stakeholders? 9 How can expertise and information relating to efforts to rescue, rehabilitate and repatriate trafficked children be built into the system?
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Management of Multi-lateral Stakeholder Involvement and MCA Governance Technical Development (continued)
1 What existing systems and mechanisms (including networks) for tracking, rescue, 5 What are the technical options that should be considered for the development of the MCA rehabilitation, repatriation and prevention, including government systems, does the MCA system? This covers (but is not limited to) infrastructure; monitoring and recording; system need to support and/or collaborate with? What are the opportunities, risks and information and knowledge management; reporting; security and control. constraints associated with the collaborations? 6 What are the recommended vendors for the technical components of the system? 2 Who are the stakeholders and partners in the MCA system, and what is their relationship In particular what local companies, organisations and consultants can be used in order to with the system? What opportunities do they present that can be leveraged by the MCA reduce risk associated with the deployment, maintenance and expansion of the system? system? 7 How is the issue of system reliability addressed? 3 What should the role of SAIEVAC be in relation to the system? 8 How is the security of the system, and the data it contains, ensured? How is sensitive 4 How is the buy-in of key stakeholders, particularly government, achieved and maintained? information stored and protected? Will there be resistance to the system deployment or use, or to the organisation(s) 9 How are access issues, including limited bandwidth, literacy, lack of familiarity with associated with the system? technology and so on, addressed? 5 What are the implications for Plan of the need to take politically sensitive stands during the 10 How is support for multiple languages, including local languages and scripts, handled? deployment, management and operation of the MCA? 11 Can and should biometric data be used in the system? 6 What are the governance structures, roles and responsibilities that need to be in place in order for the MCA system to function effectively within the three countries and as 12 What types of user interfaces are required by the different user groups, and how should a cross-border system? these be implemented? In particular how is system usage supported at community level? 7 What aspects of the political environment and context at local, national and 13 What is realistically achievable within the timeframe of the three year pilot project in India, inter-governmental levels impact on the design, implementation, operation and Bangladesh and Nepal (identify the functional scope)? Outline the technical roadmap(s) management of the MCA system? What measures are needed in order to accommodate for the development of the recommended solution(s). these? 14 What are the high-level development and operational costs associated with the recommended solution(s)? Technical Development
1 What technical systems (including databases, helplines, etc.) exist nationally, regionally and Long-term Vision for the MCA internationally that could be used as a basis for the MCA system? In particular what systems are already being operated by government authorities and/or NGOs in India, Bangladesh 1 What coordination or oversight function is required in the long term, what are its and Nepal? What are the pros and cons of these systems, and what is the potential for responsibilities, and what resources are required? integrating or extending some or all of them? 2 What measures are necessary in order to ensure the ongoing sustainability and usability of 2 What are the technical expertises and solutions in Plan that can be leveraged (including the MCA? This must be considered from political, economic and technical points of view. ICT4D)? 3 How can the system be extended, ultimately to become a regional (SAARC) MCA system? 3 Is a centralised or decentralised model adopted for the system (keeping in mind the cross-border nature of the system, and the multiplicity of stakeholders involved)? In relation to capacity building the meeting also identified skills transformation and 4 How will existing systems be integrated into the MCA system? If a centralised model is not capacity enhancement is the MCA system expected to achieve and the mechanisms needed adopted, what are the needs in relation to data replication and synchronisation and how are in order to achieve the expected skills transformation and capacity enhancement as these handled? important.
106 RESPONDING TO CROSS-BORDER CHILD TRAFFICKING IN SOUTH ASIA An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System 107 APPENDIX 4 Appendix 4 ● alert notifications to the appropriate authorities and/or NGOs for a missing child. These can be configured by a local or regional coordinator, but the system must also incorporate logic to automatically alert certain authorities – for example, based on the GPS coordinates of a report from a wireless device. ● real-time display of reported missing children on maps, using GPS data. ● a variety of interfaces (gateways) to exchange information with other third party High Level Requirements Specification for National missing person tracking/management systems over secure lines (most likely using web Missing Child Tracking System services). These will, where possible, be based on published XML schema. This is the initial high level requirements specification presented to potential technological ● support for national and regional/local languages on all interfaces (web, wireless partners. The specification is expected to be revised if it is decided to proceed with the devices, alerting) as well as a solution for how to do translations for alerting to local development of a national missing child system. authorities in other countries ● management reporting functions and analytics, designed to support planning, A number of missing child tracking systems currently exist in India, but the intention is to advocacy, etc. develop a new solution that can be customised for use in Bangladesh and Nepal. This solution will consist of a national missing child tracking system (NMCTS) in each country. The system will also need to be customised to meet the particular requirements of the These will receive information about missing and found children through a variety of stakeholders in each country. channels and will immediately alert a range of individuals and organisations, including the The following infrastructure requirements have been identified: appropriate government authorities. They will also be linked to the existing systems in India in order to send information on specific children to the police and other authorities there, ● 24/7 availability of all parts of the NMCTS application, with synchronous mirroring. and to alert non-governmental organisations (NGOs) operating at transit points or A comprehensive disaster recovery plan should also be in place. destination locations for trafficked children. ● system security should adhere to industry best practices, with audit trails of all system As part of this study we wish to identify and recommend technology partners in the region activity maintained on an ongoing basis. This includes issues such as firewalls, disk that can (a) develop and support the application software, and (b) provide the necessary encryption, intrusion detection, protection against DDoS and other potential attacks, infrastructure to bring the concept to fruition. etc. ● secure connectivity to other missing person tracking/management systems, initially System Overview in India and Nepal but across all the SAARC countries in the longer term (after three years). This secure connectivity will require IPsec VPN lines or IPLCs between systems. The national missing child tracking system (NMCTS) will contain the following functionality: The initial requirement is to connect systems in Nepal, Bangladesh and India (up to ● a web-based portal which members of the public can use to report missing or found four) in this way. Data should be encrypted over links. children, and which registered organisations can use to report and track missing or It is envisaged that for the NMCTS to be effective it should ultimately be managed by an rescued children. appropriate government authority. Plan International will work to make this a reality in ● a secure database, in which the integrity and confidentiality of the data will be Bangladesh and Nepal. It is therefore desirable that the technology partners have the protected. experience and capacity to work with the appropriate government authorities. ● strict access control, with role-based authentication. ● use of facial recognition software and biometric data to help track and identify children. ● mobile phone apps to add, update or retrieve data. ● support for additional value added services such as voice recognition (API) for data entry.
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