Trends & issues in crime and criminal justice No. 415 April 2011 The trafficking of children Foreword | Children are vulnerable to many forms of abuse and exploitation in the Asia–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 Child 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 adoption’. 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 family 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 Cambodia is recruited by Mr X to work in a shoemaking factory in Thailand. 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 China agrees to an offer made by a recruiter to work in a brothel in Vietnam 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 families (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, Indonesia 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 Poverty 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 “human trafficking” 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).