Trends & issues in crime and criminal justice

No. 415 April 2011

The Foreword | Children are vulnerable to many forms of abuse and exploitation in the –Pacific and have long been victims of trafficking for the purpose of both sexual and Jacqueline Joudo Larsen labour exploitation. There has been some analysis of trafficking of children in Asia, where trafficking persists despite trafficking represents ‘a failure to protect the rights of the most vulnerable children’ significant prevention efforts, however, (UNICEF 2008: 3). Although there have been no prosecutions in Australia, the issue is a comparatively little is known about serious one that warrants closer attention; particularly given Australia’s geographic position trafficking in the Pacific. Given that within a region where several countries are variously affected by problems such as weak over one-third of the population in the migration systems, poor governance and transnational crime. Together with the growing Pacific region is under 15 years of age, use of technology in offending, these issues suggest a level of risk for children in the region anecdotal reports of circumstances that is of relevance to Australian efforts to address trafficking in persons. which may amount to trafficking raise This paper reflects key findings from a review of the available literature on the issue of concerns for the large youth population child trafficking in both Asia and the Pacific. It includes observations on issues such as in the Pacific Islands. Further, although the forms of child trafficking observed in these regions, factors associated with vulnerability there have been no prosecutions for child to trafficking and the issue of ‘good practice’ in the protection of children from this crime. trafficking in Australia, the risk experienced This paper concludes by noting some of the gaps in the existing literature. by children within the Asia–Pacific region is relevant to responses in Australia and in supporting the development of What is child trafficking? improved inter-country responses across the region. Trafficking in children (persons under the age of 18 years) is defined in Article 3 of the Trafficking Protocol (UN 2000) as involving two elements—an action, in the form of This paper examines current definitions recruitment, transportation, transfer, harbouring or receipt of persons, which is undertaken of child trafficking, the forms that it is for the purpose of exploitation. ‘Exploitation’ includes, at a minimum, exploiting the prostitution known to take in Asia and the Pacific, of others or other forms of sexual exploitation, forced labour or services, slavery or practices the factors which increase vulnerability similar to slavery, servitude or the removal or organs. to trafficking and the mechanisms for the protection of children from this crime. There is room for considerable overlap between the specific legal concept of ‘trafficking in children’ and other concepts regulated by law such as the ‘commercial sexual exploitation It is clear that greater conceptual clarity of children’, ‘the worst forms of child labour’ and ‘illegal ’. in the definition of child trafficking, together with more detailed investigation In deciding whether a situation can be classified as ‘trafficking in children’, it is important to of trafficking areas that are less well- recall the two elements noted above that are required to satisfy the definition. For example, known (such as the trafficking of boys for ‘illegal adoption’ could constitute a form of child trafficking if it involved a person seeking sexual exploitation and the vulnerability a child for adoption into their with the intention of exploiting that child. of refugee and migrant children) will assist Children are also affected where their parents are the primary victims of trafficking. Case in improving the evidence base for child managers in the Australian Government Support for Victims of People Trafficking Program trafficking and inform the development of noted that many of their clients (suspected victims of trafficking) had children who remained more effective responses to these crimes in their home country and could only come to Australia for a visit (David 2007). This presents in the Asia–Pacific region. issues for the welfare of both the client and their children, particularly given that long court Adam Tomison cases involve further separation (David 2007). Protection for secondary child victims is Director afforded through Article 2 of the Convention on the Rights of the Child, which encourages

Australia’s national research and knowledge centre on crime and justice states to ensure the protection of children Box 1 Case scenarios of child trafficking from a UNICEF survey against discrimination or punishment arising 1. A 13 year old girl from is recruited by Mr X to work in a shoemaking factory in . She arrives and from the status or activities of their parents finds herself working around the clock with restrictions placed on her movement. Rent and food expenses are inflated (OHCHR 1989). Recent changes to the and docked from her pay but the balance of her earnings is given to her. Australian people trafficking visa framework 2. A 17 year old girl from agrees to an offer made by a recruiter to work in a brothel in five days a week for allows victims of trafficking and their low wages. She arrives at a brothel in Vietnam and the terms of agreement (time/wages) are honoured. immediate (both in Australia and 3. A 15 year old girl illegally migrates with her family using a human smuggling network and ends up working as a beggar overseas) to apply for a Witness Protection on the city streets. Although she is not attending school, there are no restrictions on her movement and she gets her Visa earlier in the prosecution process than cut of the earnings. was previously the case (APTIDC 2010). 4. An eight year old Vietnamese boy is forced by his family to work at a local brick factory. He labours every day carrying 40 pound loads of bricks on his head and engages in other hard physical labour. The owner of the brick factory insists Adult vs child victims that he has to work for another two years to satisfy the outstanding debt owed by his parents. A critical difference between the trafficking 5. The parents of a 14 year old girl from West Java, send her to live with relatives in Jakarta. The relatives have of adults and children centres on the means promised the girl’s parents they will provide her with education, room and board in exchange for light housework. After she arrives, she is allowed to go to school but is forced to come home immediately afterward and do all the housework, of control during the trafficking process. The babysitting and cooking throughout the week. trafficking of adult men and women must Source: UNICEF 2009 involve an action, a means and a purpose. That is, adult men and women are trafficked year old (Gozdziak 2008)? Does illegal as they see fit’ (UNICEF 2009: 26). It is if they are recruited, moved, harboured or adoption of a child into a loving family meet in such circumstances, where children are received through the use of threats, force, the element of exploitation under the UN in ‘relatively powerless positions’ (Bessell coercion, abduction, fraud, deception Trafficking Protocol? And are children who 2004: 3), that young women may be forced or abuse of power, or via a position of engage in cross-border street begging as to marry or girls as young as two years vulnerability, for the purpose of exploitation. part of family income-generating activities of age are betrothed to settle a family A child is trafficked if that child was recruited, being exploited or trafficked? (Gozdziak feud or in payment of a debt (Ali 2006). moved, harboured or received for the 2008; UNICEF 2009). purpose of exploitation; the element of and a lack of employment and ‘means’ is not relevant. educational opportunities places pressure Factors associated on families to migrate for work and for children to leave school and seek Difficulties in identifying with child trafficking employment, usually in unskilled or low- child trafficking The trafficking of children is linked to a skilled sectors. Cultural norms again play Although the Trafficking Protocol sets out range of factors and vulnerabilities. A child’s a considerable role. In many cultures within ‘the most comprehensive legal definition of vulnerability to trafficking is influenced the region, girls are considered to be less “” under international law’ by individual, familial and socioeconomic valuable than boys, resulting in situations (UNICEF 2009: 21). it fails to define key terms factors (Rafferty 2007; UNICEF 2009). where boys are sent to school first while the such as exploitation, slavery, forced labour Importantly, trafficked children are children girls must earn money for their families. In and vulnerability. As a result, interpretations who are already vulnerable. times of economic hardship, children are of child trafficking vary markedly. This is often viewed as either a financial burden clearly illustrated in the results of a survey According to UNICEF, the child’s individual or a source of income (Ali 2006; HELP undertaken by UNICEF in 2008 (UNICEF circumstances, such as experiences of Resources Inc & UNICEF (PNG) 2005). 2009). A small number of respondents violence or abuse, lack of educational Poverty is the primary reason behind children from UN agencies and international attainment, life skills, lack of citizenship and/ being sent to work in wealthy countries non-government organisations involved or personal documentation and a desire for (Gozdziak 2008) where the promise of good in trafficking and related areas were asked adventure can all act to increase vulnerability wages renders the practice acceptable to review 10 case scenarios and determine through loss of self-worth, feelings of (Dottridge 2002). Cultural practices involving whether or not trafficking had occurred. hopelessness, few work opportunities due the marriage of young girls, including as Each scenario was constructed to ascertain to dropping out or being unable to attend payment of family debt or for a ‘bride price’ the expert’s analysis of the elements of school for various reasons, inability to make can also be used to generate income. trafficking as they apply to children. Box 1 sound decisions related to self-protection, contains several case studies that were barriers to employment or education and Lack of birth registration has been among those presented to the respondents. the perception that other countries and larger highlighted as an issue of concern in the cities offer an improved life (UNICEF 2009). southeast Asia region due to the increased No two respondents answered all questions vulnerability of stateless persons (Refugee in the same way; an indication of the Family-related factors such as family International 2009; Vital Voices Global high degree of confusion regarding what breakdown, , substance Partnership 2007). Without citizenship, constitutes child trafficking. The case abuse, and neglect, and the low such persons ‘have limited or no access scenarios presented are particularly status and role of children all contribute to to healthcare services, education, travel, contentious where they relate to ‘grey increased vulnerability due to a lack of care employment or political representation’ (Vital areas’. For example, should age be a factor and support for the child within the family Voices Global Partnership 2007: 11) and in determining agency and vulnerability environment. Of particular concern are are largely excluded from obtaining both among all persons under 18 years; that is, cultural contexts where children are viewed government benefits and protections. is a 17 year old really the same as a four as ‘belonging to their parents or guardians, For example, many hill-tribe women and who have the authority to treat their children

2 | Australian Institute of Criminology girls who are not afforded Thai citizenship borders and disparities in economic, • girls from rural areas of Cambodia to become vulnerable to exploitation through employment and education opportunities urban centres for sexual exploitation; lack of legal status and are known to enable the trafficking of people in Asia • girls from to Thailand for domestic be trafficked for both labour and sexual (Joudo Larsen 2010). or factory work; purposes (Physicians for 2004). Reported forms of child trafficking in the • girls from Vietnam, and North region include various forms of bonded Korea for in China; The role of demand and exploitative labour, such as domestic • boys from Myanmar to Thailand to work Demand for cheap labour, young brides, services, factory work, agriculture, fishing, in the fishing industry; and sex with children and adoption drives construction, sexual exploitation (eg child the trafficking of children (UNICEF 2009). • boys from Vietnam to China for illegal prostitution or the production of child Demand for child labour is driven by the adoption ( Ren 2004; Sanghera 2000; pornography), forced marriage, adoption, fact that children are cheaper to employ, World Vision 2006; UNICEF 2009). and begging (UNICEF 2009) and conscription easier to manipulate and control, and into military forces (US Department of State Although there is less information available unlikely to seek protection through industrial 2009). regarding child trafficking in east Asia, it is processes. They can be made to undertake known that trafficking of children generally undesirable work, such as in the Thai fishing Children are trafficked using similar methods follows the routes for trafficking of men and industry or making bricks in Vietnam across the region. They are commonly women. In east Asia, these routes are (UNICEF 2009). Some forms of work are recruited (including false recruitment) or known to involve people being trafficked suited to children’s smaller physical stature, introduced to work by an acquaintance, from to China, South Korea for example, camel jockeys in the United deceived by an acquaintance or relative, and Taiwan to Japan, and from Thailand and Arab Emirates and other Gulf countries taken by use of force, abduction or the to Japan and South Korea (UNICEF 2008). kidnapping or taken with the consent (Lee 2005). The demand for sex with children and/or of parents of guardians, which has been young brides is largely attributed to the secured through a payment or benefit to However, the trafficking of children from east value placed on virginity among East Asian the adult (UNICEF 2009). Among the most and southeast Asia is increasingly directed cultures, demand from child sex offenders common methods is the promise of better outside the Asia region and includes the who often come from outside the region— economic opportunities, which lures children following pathways: usually from Western —the into exploitative industries (UNICEF 2009). • Bangladesh and Pakistan to the United undersupply of girls and women available This occurs against a backdrop of children’s Arab Emirates (UNICEF 2008); for marriage, fear of contracting HIV responsibility to generate income for the • South Korea to the (Lee (UNICEF 2009) and the belief that sex family (Gozdziak 2008). The growing use of 2005); with young children or virgins can cure HIV social networking sites, chat rooms, email • Indonesia to Brunei, Australia, Saudi (Anderson & O’Connell Davidson 2002). and voiceover internet protocols has had Arabia, Kuwait, the Netherlands, Germany As the number of children eligible for an impact on trafficking in the region, with and Austria (UNICEF 2009); adoption within developed nations has cases of Thai women and girls trafficked declined due to factors such as effective to Japan from initial over the • Philippines to Costa Rica, New Zealand, birth control reducing the number internet and reports in Vietnam of students the United States and Northern Mariana of unplanned , changing and other adolescents being trafficked after Islands, and community attitudes towards single mothers, internet chatting (UNICEF 2009). This mode • Thailand to South Africa, Germany and changes to child protection and out of home of recruitment presents a significant issue Switzerland (UNICEF 2009). care policies and practices, the demand for for prevention, as children are more likely Trafficking primarily occurs within the adoptable children from around the world, to use the internet (Choo 2009), are ‘more context of irregular migration driven by most often from developing nations, has technologically savvy and at ease with the economic disparities between countries increased. Commentators have noted that use of web 2.0 than their parents’ (Choo within the region. Movement of this sort is the inter-country adoption system is highly 2009: 5) and use the internet largely without vulnerable to ‘child laundering, child primarily of migrants from less developed mediation by their parents. trafficking and child exploitation’ (Smolin countries with a high rate of growth of 2007: 27), although it is worth reiterating The majority of trafficking in Asia is known working-age population (such as China and that while illegal adoption into a loving home to be intra-regional—from less developed Indonesia) to more developed countries with may be criminal, the intent must be to exploit countries to the more developed (Joudo moderate to negative rates of growth of the child for it to constitute trafficking. Larsen, Lindley & Putt 2009). Known working-age population (such as Thailand pathways within the region are set out and Japan; UNICEF 2009). Children may in Figure 1 and include trafficking of: choose to move alone or migrate with family, Child trafficking in Asia • children from Cambodia to Thailand with the majority of such movements Asia is known to be a region of origin, transit for begging; beginning voluntarily. It is only when exploitation occurs at a point in this process and destination for people trafficking. • children from Bangladesh to Pakistan that the situation becomes one of trafficking Southeast Asia in particular has long been for sexual exploitation; recognised as a significant source of (Marshall 2001; UNICEF 2009). • girls from Vietnam/Myanmar to trafficked persons. Regional characteristics, Cambodia/Thailand for sexual such as high levels of intra-regional (and exploitation; largely irregular) migration, extensive land

Australian Institute of Criminology | 3 aunt or uncle who has no children of their Figure 1 Pathways of child trafficking in the Asian region own. Customary adoption practices associated with kin networks are among a wide range of living arrangements that children in developing countries experience (Lloyd & Desai 1992) and despite the risks highlighted by researchers, child fostering and circulation arrangements have long been in place in many parts of the world, NORTH including the Pacific region (Donner 1999; KOREA Gozdziak 2008). SOUTH KOREA The logging industry in some Pacific Island CHINA JAPAN nations also presents a significant risk to children. Reports have indicated that employees of foreign logging companies have been implicated in the sexual exploitation MYANMAR TAIWAN of children living in villages which neighbour LAOS the logging camps (Herbert 2007). THAILAND VIETNAM PHILIPPINES Early marriages also present a risk for CAMBODIA the young women involved, as they are removed from the protection afforded by BRUNEI their own family environment at a time in their life when they are quite vulnerable (Ali SINGAPORE 2006). Across the Pacific, girls can legally marry from as young as 14 years of age, INDONESIA although in some countries, such as the Solomon Islands and Vanuatu, customary law allows girls to marry at age 12 and 13 years (Ali 2006). The custom of ‘bride price’ in countries such as Papua New Guinea has AUSTRALIA also been used to trade daughters for cash or other goods from mining or logging employees (Ali 2006). Source: Lee 2005 Low socioeconomic levels and limited employment opportunities create pressure for work in the region may choose to Child trafficking in the Pacific to seek alternatives for income generation migrate and in doing so, may become in the region. Overall, when these factors are Much research has been conducted on vulnerable to trafficking. Similarly, limited trafficking in Asia, however, very little is combined with the low status afforded to schooling options in outlying islands have girls in some Pacific cultures (Ali 2006), risky known about trafficking into, through and led to an increase in the number of students cultural practices such as informal adoption, out of the Pacific region. seeking to attend school in urban areas or early marriage and bride price can be seen The Pacific region is characterised by a overseas (Asian Development Bank 2002). as an opportunity to generate income and largely youthful population, with almost Other areas of risk relate to cultural may be adopted by groups who did not previously adhere to such practices (HELP 37 percent of the region’s population practices that support a range of living Resources Inc & UNICEF (PNG) 2005). aged under 15 years (UNSTATS 2007). arrangements for children in the region, Children in the region are susceptible to a including the billeting of children within range of exploitative and criminal activities, region-wide familial networks. Many children Child trafficking in Australia including commercial sexual exploitation, and young people seeking access to sex tourism, labour exploitation, illegal education or better employment prospects Australia ratified the UN Convention against adoption, customary marriage and billeting. are sent to live with relatives in urban Transnational and its two The issues underpinning the vulnerability areas. The child’s close relatives may be optional protocols—the Protocol against the of children in the Pacific region include the geographically distant and the pressure Smuggling of Migrants by Land, Sea and Air low availability and high cost of education of having an additional member of the (the Smuggling Protocol) on 27 May 2004 and lack of employment opportunities for household and lack of access to funds may and the Trafficking Protocol on 14 September young people, as well as risky cultural lead to children being exploited, or engaging 2005. Subsequently, the Criminal Code practices such as billeting, informal adoption in risky activities that may increase Amendment (Trafficking in Persons) Act vulnerability to trafficking (Joudo Larsen, and early marriage (Joudo Larsen, Lindley & 2005 created a range of people trafficking Lindley & Putt 2009). offences, including trafficking in children. Putt 2009). Similarly, children may be informally adopted Under s 271.4 of the Criminal Code Act As a result of these factors and the high rate or fostered within familial networks. In such 1995, the offence of trafficking in children of growth of the working-age population cases, children may be ‘adopted’ by an involves organising or facilitating the actual (World Bank 2009), young people looking

4 | Australian Institute of Criminology or proposed entry or exit of a person aged conviction and imprisonment for up to 19 a need to strengthen the evidence base less than 18 years into Australia either years of three Thai nationals involved in on child trafficking, particularly in relation intending, or being reckless as to whether, trafficking the girl (Craig 2007). to achieving greater conceptual clarity and the person will be used to provide sexual examining causes. services or be otherwise exploited. Receiving a person aged less than 18 years Trafficked children and As demonstrated through the UNICEF for the same purpose is also an offence. In child protection systems survey of trafficking experts, interpretations accordance with the UN Trafficking Protocol, of what constitutes trafficking vary markedly. there is no need for the use of deception, Trafficked children experience serious Unclear definitions can lead to unclear force or threats for the offence to be physical, psychological and emotional or inadequate responses. This can be considered one of trafficking in persons. trauma, which puts them at risk of falling addressed through closer examination of This offence carries a maximum penalty back into exploitative situations. Such the areas where opinions diverge regarding of 25 years. Other trafficking offences experiences during the formative years can what is, and is not, child trafficking. (including the trafficking-related offences of have ‘long-lasting and potentially irreparable’ However, narrowly defining child trafficking sexual servitude and deceptive recruitment, effects on a child (UNICEF 2009: 19). The may result in the undermining of children’s conflation of child trafficking with smuggling, first introduced in 1999) are considered to rights as enshrined in the Convention on the irregular migration and prostitution is be aggravated offences and attract higher Rights of the Child (UNICEF 2009) and may problematic but ‘child protection can be penalties where the victim is a child. act as a barrier to effective child protection advanced irrespective of the entry point, systems. There have been no prosecutions relating to be it child trafficking, sexual exploitation child trafficking in Australia to date, however, of children, child labour or child migration’ Strong and effective responses require a two possible cases of children trafficked into (UNICEF 2009: 75). strong evidence base and there are several the Australian sex industry have come to National and international bodies advocate areas where systematic analysis is lacking. light in recent years. In both cases, it has These areas include the trafficking of been claimed that the women (reportedly, improving the lives of children by minimising children for adoption and marriage, the aged 12 and 13 when trafficked), had been the risk of harm through a holistic approach trafficking of boys for sexual exploitation sold by their parents to traffickers in to child protection, known as a systems- and the vulnerability of refugee and migrant Thailand and were forced to work in brothels building approach. Under such approaches, children. Little information is available about upon arrival in Australia. It should be noted child vulnerability is incorporated alongside these groups of children and greater that in one of these cases, despite other child protection concerns such as analysis of their particular needs and admissions made to DIAC officers, the facts drug use, children in conflict with the law, regarding the woman’s age and method of school drop-outs, violence and abuse at circumstances is warranted. home, social and economic marginalisation, entering Australia were not clearly Finally, interventions that seek to address unsafe migration and social norms that established (Milovanovich C, Deputy State the problem on all levels—community, family put children at risk (UNICEF 2009). This Coroner, Westmead Coroner’s Court Inquest and individual—within a broader child represents a more comprehensive means into the death of Puang Thong Simpalee, 24 protection framework are likely to be the April 2003). Nonetheless the incident is of addressing the factors influencing child trafficking through the strengthening of legal most effective way of increasing resilience important as it highlighted potential risks in among children. By addressing child relation to trafficking in Australia and in and justice systems, social welfare systems trafficking along with other child protection doing so led to a joint Parliamentary Inquiry and social behaviour change systems concerns, protection from a range of into the trafficking of women for sexual (UNICEF 2009). abuses, including trafficking, is more likely. servitude in Australia. In short, improving legislative and policy Both cases came to light following routine frameworks, institutionalising training for compliance inspections by immigration law enforcement and social welfare staff, References establishing specialist units, addressing officials, with one girl discovered 10 days All URLs correct at February 2011 after being forced to work in the brothel and underlying vulnerabilities (including harmful Ali S 2006. Violence against the girl child in the the other discovered 15 years after an cultural practices), ensuring accreditation and regulation of key sectors and promoting Pacific Islands region. Italy: UNICEF. http://www. alleged incident of trafficking. Neither case un.org/womenwatch/daw/egm/elim-disc-viol- knowledge regarding safe migration led to a prosecution in Australia; the young girlchild/ExpertPapers/EP.14%20%20Ali.pdf woman discovered after 15 years died in pathways will all assist in increasing resilience among children, provide greater Anderson B & O’Connell Davidson J 2002. Villawood Detention Centre due to Trafficking—a demand led problem? A multi- complications arising from heroin addiction protection from a range of abuses and country pilot study. Stockholm: Save the Children. and severe malnourishment (Ellison 2003; ultimately, strengthen responses to trafficking. http://gaatw.org/publications/The%20 Milovanovich C, Deputy State Coroner, Demand%20Side%20part1.pdf Westmead Coroner’s Court Inquest into the Anti-People Trafficking Interdepartmental death of Puang Thong Simpalee, 24 April Conclusion Committee (APTIDC) 2010. Trafficking in persons: The Australian Government response 1 May 2003). In the other case, it was claimed that While a greater amount of information 2009–30 June 2010.Canberra: APTIDC state and federal agencies were unaware regarding the trafficking of children in the the girl was a minor. Importantly, no federal Asia–Pacific region has become available Asian Development Bank 2002. Monetization in anti-sexual servitude and trafficking offences an atoll society: Managing economic and social through the activities of governments, change. Manila: Asian Development Bank. http:// existed at the time, preventing the AFP from non-government organisations and www.adb.org/Documents/Books/Monetization_ investigating the offences. An investigation researchers in recent years, there remains Atoll_Society/kiribati.pdf by Thai police into this matter led to the

Australian Institute of Criminology | 5 Jacqueline Joudo Larsen is a senior General editor, Trends & issues ISSN 0817-8542 (Print) research analyst in the Crime and in crime and criminal justice series: 1836-2206 (Online) Populations Program at the Australian Dr Adam M Tomison, Director, © Australian Institute of Criminology 2011 Institute of Criminology and manages Australian Institute of Criminology GPO Box 2944 the Trafficking in Persons Research Note: Trends & issues in crime and Program. Canberra ACT 2601, Australia criminal justice papers are peer reviewed Tel: 02 6260 9200 The author gratefully acknowledges For a complete list and the full text of the Fax: 02 6260 9299 the input of AIC colleagues on earlier papers in the Trends & issues in crime and versions of this paper. Disclaimer: This research paper does criminal justice series, visit the AIC not necessarily reflect the policy position website at: http://www.aic.gov.au of the Australian Government Project no. 0142 Ethics approval no. PO130

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