COMBATING HUMAN TRAFFICKING. A Handbook for Women, Parents and Children

Transcription

1 COMBATING HUMAN TRAFFICKING A Handbook for Women, Parents and Children

2 COMBATING HUMAN TRAFFICKING A Handbook for Women, Parents and Children

3 HRLN Vision To protect fundamental human rights, increase access to basic resources for the marginalised communities, and eliminate discrimination. To create a justice delivery system that is accessible, accountable, transparent, efficient and affordable, and works for the underprivileged. Raise the level of pro bono legal expertise for the poor to make the work uniformly competent as well as compassionate. Professionally train a new generation of public interest lawyers and paralegals who are comfortable in the world of law as well as in social movements, and who learn from social movements to refine legal concepts and strategies. Combating Human Trafficking 2011 Socio Legal Information Centre* Conceived by: HRLN Sikkim Unit Conceptualised & Compiled by: Lindsey Massar Content Coordinator: Doma T. Bhutia Text Editor: Suresh Nautiyal Assistance in editing: Arvind Kumar Design: Birendra K. Gupta and Lindsey Massar Published by: (A division of Socio Legal Information Centre) 576, Masjid Road, Jangpura, New Delhi , India Ph: /56 publications@hrln.org Printed at: Print Graphics, 196-J, Ramesh Market, New Delhi Disclaimer The images appearing within and on the cover of this publication are not of trafficked persons. Any resemblance to a person, living or dead, is purely coincidental. *Any portion of this publication may be reproduced with proper citation and acknowledgements.

4 Acknowledgements The handbook is result of concerted efforts of Lindsey Massar, from University of Ottawa, Canada during her internship in HRLN, Sikkim Unit. Special thanks for her tireless work including research, drafting and conceptualising the handbook from start to finish with the guidance of Dr. (Miss) Doma T. Bhutia, Legal Consultant of the HRLN, Sikkim Unit. iii

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6 Contents Acknowledgements... iii Foreword...vii Part I : Defining Trafficking Introduction: What is Human Trafficking?...3 Definitions... 4 Trafficking Versus Migration...5 Forms of Human Trafficking... 6 Who Are the Victims? Who Are the Traffickers?...11 Legal Framework Part II : For Women What Are My Vulnerabilities? What Are My Rights?...20 Part III: For Parents What is My Role?...27 The Rights of Your Child...28 Effects of Child Trafficking Resources for Parents Part IV: For Children What is Child Trafficking?...35 Know Your Rights Dos and Don ts for Kids Resources for Children...39 Part V: What Can We Do? Spread the Word Rescue and Recovery...22 Resources for Women...23 v

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8 Foreword Despite panpoly of domestic and international laws prohibiting Human Trafficking in India, thousands fall victim to an organised crime of human exploitation, and abuse for the illegal purposes like flesh trade, domestic work, fake marriages, child labour, drug and arms peddling, organ trade, begging, circus, etc. A range of social, economic, political and cultural factors coalesce to create a structure of coercion, opporession, and financial gain, robbing women and children of their basic human rights to equality, dignity, and freedom. Capitalising on economic desperation, low levels of literacy, and deep-seated gender inequaity, traffickers prey on individuals most vulnerable to exploitation. These victims are trafficked from rural and urban areas across India and nearby states, with little or no monitoring from government authorities. Indeed, an unfettered system of trade, coupled with a lack of awareness amongst civil society on the laws and resources prohibiting Human Trafficking, has enabled the most inhuman organised crime to flourish in absolute violation of human rights. The has developed this Handbook with the aim that women, parents, and children those most affected by Human Trafficking gain the tools necessary to comabt Human Trafficking within their local towns and villages. With knowledge comes power, and with power the ability to protect and prevent from the worst form of organised crimes like Human Trafficking. Dr. Doma T. Bhutia vii

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10 Defining Trafficking 1

11 2 The most vulnerable, and therefore, most common victims of Human Trafficking are women and children

12 Introduction: What is Human Trafficking and How Does it Affect Me? Human Trafficking is the trade and transport of human beings for the purpose of exploitation and financial gain. Victims of Human Trafficking are lured or forced into the hands of traffickers through coercion and deceit, transported to new locations often far from their place of origin and once trafficked, subjected to a wide range of severe and harmful exploitation and abuse. Although Human Trafficking is illegal under national and international law, the practice is still rampant throughout the world and exists in India in many forms. At present, it is estimated that trafficking in persons is the third largest illegal industry in the world, after the trafficking of narcotics and arms. 1 As Human Trafficking is a highly lucrative business, networks of involvement in the practice are widespread throughout the country and often extend to include law enforcement officers themselves, as well as other high-ranking officials. Thus, those involved in Human Trafficking are often extremely difficult to apprehend, and the ongoing prevalence of the abhorrent and demoralising trade poses a continuous threat to every one of us. The most vulnerable, and therefore, most common victims of Human Trafficking are women and children. A wide variety of social, economic and political factors contribute to the increased vulnerability of women and children, as well as a high demand for both. Victims are drawn from rural areas as well as urban centres across the country, affecting each and every member of society, whether directly or indirectly. It is, therefore, up to us to take an active role in the prevention of Human Trafficking in order to protect ourselves and our children. 3

13 Definitions Under the many national and international laws and organisations put in place to fight trafficking, there have been several official definitions of Human Trafficking. However, the only internationally recognised and adopted definition is from the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children of 2000 (also called the Palermo Protocol ). 2 Official Definition of Human Trafficking from the Palermo Protocol Article 3 a) Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labour services, slavery or practices similar to slavery, servitude or the removal of organs; b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered trafficking in persons even if this does not involve any of the means set forth in subparagraph (a) of this article; d) Child shall mean any person under eighteen years of age. 4 It should be noted that the Palermo Protocol was adopted by the UN Office of Drugs and Crime as a supplement to the United Nations Convention against Transnational Organised Crime, and as such only extends so far as to cover trafficking of persons across national borders, leaving out the many cases of trafficking that occur within state lines. However, other organisations have expanded their definitions to include all forms of trafficking and it is important to remember that any transport and trade of human beings for exploitative purposes is Human Trafficking, regardless of whether it occurs within or across state borders.

14 Trafficking versus Migration In many countries including India, there is a considerable amount of legal and illegal migration that takes place across national borders. In cases of illegal migration, people who wish to migrate but are unable to do so legally due to a lack of sufficient finances or documentation make their way across borders illegally, often with the help of migrant smugglers. While this can at times look similar to Human Trafficking, there are some key differences between trafficking and illegal migration. The most important difference is the element of exploitation that exists in cases of Human Trafficking, but not in those of migrant smuggling. Trafficking Transported by force or deceit Transported to unknown/ imposed destination Upon arrival at destination, victims are sold and exploited Exploitative and Abusive: Causes emotional, psychological and physical harm to victims Migration Transported by consent Transported to destination of migrant s choice Upon arrival at destination, migrants are free to do as they please. Transaction ends with the arrival Migrants (under successful migration circumstances) remain emotionally, psychologically and physically healthy and safe Although migration is not innately exploitative, it is very important to be aware that those attempting to migrate illegally are especially vulnerable to falling into the hands of traffickers. Traffickers can pose as migrant smugglers for the purpose of deceiving prospective migrants and, abusing their established trust, then traffic the migrants into a variety of harmful and exploitative trades such as forced labour or the sex trade. Therefore, those wishing to migrate must be especially careful, and should always do everything in their power to do so legally and through the proper channels. 5

15 Forms of Human Trafficking With regards to Human Trafficking, India is both a source as well as a destination for victims. Both adults and children are taken from all over India and trafficked to other states within the country as well as to foreign countries. Victims from neighbouring nations are also trafficked for exploitation and labour in India. In both cases, there are numerous purposes for which persons are trafficked, all of which are harmful and abusive and violate the basic human rights of the victims. Commercial Sex Work The most prevalent form of Human Trafficking worldwide is the trafficking of women and girls for commercial sex work. 3 In India, women are trafficked for work in brothels in the country s many red light districts, as well as in smaller towns and rural areas. Victims from India are taken to other states within the country or abroad, while women and girls from neighbouring countries such as Nepal and Bangladesh are trafficked for work in India s growing sex industry. Religious or Socially Sanctified forms of Prostitution In India, there remain a number of harmful traditional practices that severely abuse the sexuality of women and girls. The Devadasi system, for example, is still practiced in several of the country s states, particularly in rural areas. In this tradition, young girls are dedicated to a temple in order to provide entertainment and sexual services to the temple god and priests, as well as to others whom god favour[s] 4 (in this case, those who are willing to pay). In addition to this and other religion-based forms of prostitution, much of the country is plagued by a number of backward social myths that contribute to the growth of sexual exploitation in India, such as the belief that sex with a virgin (often unprotected) will cure sexual diseases and dysfunctions. Beliefs such as this lead to a high demand for young sex workers in rural areas and, in addition to sustaining the already abusive treatment of sex workers, contribute significantly to the spread of HIV/AIDS and other sexually transmitted diseases. 5 6

16 For Forced Labour in Various Industries Many children in India and abroad are trafficked for the purpose of forced labour. Trafficked children are used as slaves in the carpet industry, for construction work, and for labour in many other industries. These children are forced to work for little or no pay, and grossly mistreated by their employers. Like many other trafficking victims, these children also very often become victims of physical and sexual abuse as well. Entertainment Another growing form of trafficking is the trade of human beings for entertainment purposes. This can include circus work, camel jockeying, work as dancers or other forms of performers on stage or in bars, and other varieties of entertainment. This form of trafficking not only exploits the labour of victims by forcing them to work under inhumane conditions for little or no money, but in most cases also subjects them to other forms of abuse and maltreatment. Domestic Labour In India, it is very common for young women and girls to be trafficked and sold for the purpose of domestic labour. This form of trafficking is extremely dangerous, as it is often justified as a sort of training for womanhood and a good option for girls to receive food and shelter in exchange for their work. In some cases, it has even been glorified as a Home away from Home. 6 In reality, however, girls trafficked for domestic labour are grossly mistreated and, as is the case in most forms of trafficking, very often become victims of physical, emotional and sexual abuse. 7

17 Begging A very common purpose for the trafficking of young children is exploitation through forced begging. These children are forced to beg and collect funds, which are then returned to their owners. In many cases, children trafficked for begging are maimed and mutilated by removing their limbs or scarring them in other ways so as to render them more pitiable in the eyes of potential donors. Trafficking for or Through Marriage Women and girls can be trafficked both for and through marriage. Some girls are trafficked and sold for the purpose of marriage with willing buyers, while others are drawn in under the pretences of legitimate marriage, and then, instead trafficked for commercial sex work or domestic labour. Trafficking for or Through Adoption In many cases, children are trafficked either for the purpose of adoption, in which case they are purchased from impoverished families and then sold at a higher price to wealthy couples who wish to adopt a child; or through adoption, wherein the child is formally adopted, but then exploited by the adoptive parents for labour, illegal activities, or sexual exploitation. 8

18 Drug Peddling, Theft and Petty Crime Another common use for trafficked children is exploitation through a variety of illegal activities. As the punishments for children involved in criminal activities are not nearly as severe as those for adults, trafficked children are often forced to perform crimes such as the smuggling of drugs and other illegal substances, as well as various forms of theft. Child Soldiers In areas prone to violent conflict, children can be trafficked to serve as child soldiers. According to the United Nations Office on Drugs and Crime (UNODC), child soldiers and combatants have been used in approximately 30 recent conflicts around the world. 7 Children living in conflict zones, especially those who have been orphaned or alienated from their families and those living in poor economic conditions are most vulnerable to this form of trafficking. These children are made to participate in armed combat and are subjected to a great deal of emotional, physical and psychological abuse and damage. Organ Trade A particularly heinous form of Human Trafficking, the sale of human beings for the purpose of organ removal also exists in India. Victims of this form of trafficking are subjected to the abstraction of their vital organs, which after removed from their bodies, are sold to buyers for organ transplants. This form of trafficking not only subjects victims to severe forms of physical torture, but can often lead to death. 9

19 Who are the Victims? While people of all ages and genders can fall victim to Human Trafficking, the most vulnerable groups are women and children. Victims are forced or ensnared into exploitative work and held under the control of traffickers through various forms of violence and threats. One of the most common and harmful misconceptions about Human Trafficking is the belief that it only happens to others, and could never affect those close to us. The truth is, though some may be more vulnerable than others, we are all vulnerable to and affected by Human Trafficking so long as it continues to exist. Victims of Human Trafficking are normal people, just like you. Social, Economic and Political Factors Although victims are drawn into the trade through coercion and deceit, there are several social, political and economic factors that can also help to lead innocent people into the hands of traffickers, including Increased poverty Desperation and anxiety caused by war and armed conflict Breakdown or dissolution of rural communities Displacement caused by development plans or natural disasters Ethnic and communal strife Refugee status or statelessness Lack of sufficient legal framework and law-enforcement Limited economic prospects Dysfunctional home environment Decline in the sex-ratio and subsequent increase in demand for women and girls for marriage and commercial sex work Lack of adequate funds or documentation in the case of migrants On Rescue and Reintegration As victims of Human Trafficking are forced to partake in activities that are often shameful and degrading, those who are rescued and returned to their homes often face a great deal of stigma from their communities, and are shunned by their families and friends. This shame can cause victims to feel alienated, thus making them much more vulnerable to being re-trafficked, as they do not have the support of those around them. It is, therefore, extremely important to remember that trafficked victims remain exactly that Victims heretoafter. The exploitation that trafficked persons experience is not their choice, and the support and understanding of the community is essential to their recovery. 10

20 Who are the Traffickers? Human Trafficking is a multidisciplinary and complex crime, comprised of a number of illegal and harmful activities such as kidnapping, forgery of documents, corruption, unlawful confinement, rape and sexual assault, torture, and at times even murder. 8 Given the intricate and compound nature of the crime, those involved in the trafficking of human beings are equally widespread and diverse. Traffickers can generally be divided into three categories: recruiters, transporters, and exploiters. However, the methods of recruitment, transport and exploitation vary widely, making it extremely difficult to identify and catch those responsible for the crime. Due to the widespread networks of involvement and the clandestine nature of the crime, very few perpetrators are actually caught, and even fewer are convicted. 9 Although accurate statistics on Human Trafficking are extremely difficult to procure, some information on the trends and dynamics of the issue does exist. The trafficking victim database of the International Organisation for Migration (IOM) shows that 46% of the victims surveyed were recruited by someone they already knew, while the remaining 54% were drawn in by strangers. The IOM s research also found that 52% of the recruiters were male, 42% were female, and 6% were a combination of both men and women. 10 Methods of Recruitment Victims of Human Trafficking are recruited through a number of coercive and fraudulent means. Some of the commonest methods of recruitment include: Promises of legitimate employment False recruitments for modelling or entertainment industry False marriages Advertisements of agencies offering work or study abroad Advertisements of agencies offering marriage or travel abroad Direct purchasing of children from their parents or guardians Recruitment through networks of family and friends Live recruitment of girls from cafés and bars through a variety of dishonest or persuasive means Abduction or kidnapping 11

21 Legal Framework Human Trafficking is prohibited under Articles 23 and 39 of the Indian Constitution, which clearly define the right of every citizen to freedom from all forms of exploitation. Article 23 makes specific mention of the prohibition of Human Trafficking. In addition to the Constitution, there are a number of other legal mechanisms in place at both the national and international levels in order to protect us form Human Trafficking. In discussing the legal framework surrounding trafficking in persons, it is important to understand that the existence of these laws alone cannot fully protect us. Although they are a critical element of the fight against Human Trafficking, there is still much to be done in order to see that they are adequately implemented. The vast and diverse nature of the crime, as well as the complex political forces at play make it difficult to fully implement the laws as they are intended. However, it is important that we know these laws, so that we can understand when they are being violated or poorly implemented, and take initiative to see that adequate legal and political attention is paid to them. 12

22 For Indian citizens, there are two very important legal mechanisms dealing with trafficking. The first, pertaining to every human being regardless of nationality, is the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organised Crime (also referred to as the Palermo Protocol). This is the most important international legal instrument that deals with Human Trafficking, as it obligates all signatory states to take specific action against Human Trafficking. The Protocol addresses Human Trafficking as an organised crime, and its signing in Palermo, Italy in 2000 was the first instance in which the issue was addressed formally as a crime against humanity. 11 In addition to setting standards for the prevention and punishment of Human Trafficking and the protection of victims, the Palermo Protocol also makes specific aim to promote cooperation among States Parties in order to meet those objectives. 12 The second very important legal device that deals with Human Trafficking is the Immoral Trafficking Prevention Act (ITPA) of This is India s own law on Human Trafficking, and is, therefore, the main instrument through which Human Trafficking cases are dealt within India. Under ITPA, direct provisions for the handling of trafficking cases, including the punishment of traffickers as well as the protection and treatment of victims are clearly laid out. Both the Palermo Protocol and the Immoral Trafficking Prevention Act are crucial means through which we understand and address Human Trafficking. Therefore, it is important that we understand these legal mechanisms. Some useful portions of both the Palermo Protocol and ITPA are highlighted here. 13

23 The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000) Article 3. Use of Terms This article clearly defines Human Trafficking (as reproduced on page 2 of this handbook), as well as several other terms in the Protocol. Another very important function of this article is its section (b), which states that the consent of a victim of trafficking in persons to the intended exploitation shall be irrelevant where any of the means set forth in subparagraph (a) have been used. This means that the consent of anyone who has been recruited through threat, force or other forms of coercion will not affect the conviction of a trafficker. Article 5. Criminalisation This Article obligates all state-signatories to take up all measures to establish all forms of Human Trafficking defined in the Protocol as criminal offences. Article 6. Assistance to and protection of victims of trafficking in persons Under Article 6, all State Parties must, to the extent possible, protect the privacy and identity of victims of trafficking in persons and see that information and assistance pertaining to legal proceedings are provided to victims. It further encourages State Parties to [implement] measures to provide for the physical, psychological and social recovery of victims including appropriate housing, counselling, medical, psychological and material assistance and employment, educational and training opportunities. Article 9. Prevention of trafficking in Persons Article 9 states that all State Parties must take measures, including research, information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons. It also state that States must take action to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity. 14

24 The Immoral Trafficking Prevention Act, 1956 Article 2. Definitions. (a) brothel includes any house, room, conveyance or place, or any portion of any house, room, [conveyance] or place, which is used for the purposes [of sexual exploitation or abuse] for the gain of another person or for the mutual gain of two or more prostitutes; (b) child means a person who has not completed the age of sixteen years; (f) prostitution means the sexual exploitation or abuse of persons for commercial purposes, and the expression prostitute shall be construed accordingly; (g) protective home means an institution, by whatever name called... in which [persons] who are in need of care and protection, may be kept under this Act and where appropriate technically qualified persons, equipments and other facilities have been provided. Article 3. Punishment for keeping a brothel or allowing premises to be used as a brothel. Article 3 makes this offense punishable by one to three years in prison, as well as a fine of up to Rs.2000 Article 5. Procuring, inducing or taking [persons] for the sake of prostitution. Under Article 5, the procuring, inducing or taking of persons for the sake of prostitution, regardless of their consent, is made punishable by three to seven years imprisonment, and up to fourteen years imprisonment in the case that this act is carried out against the will of the victim. Article 6. Detaining a [person] in premises where prostitution is carried on. This offence, under Article 6, is punishable by imprisonment for a period of seven years extending to life. Article 16. Rescue of [persons]. This Article allows for the removal of prostitutes from brothels by order of the magistrate. Also relevant to the rescue of victims, Article 15 allows for special police officers to enter and search any premises suspected of being used for an offence punishable under this Act without a warrant, and to remove any person being held therein. 15

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26 For Women

27 Women are vulnerable to trafficking because they are often excluded from employment, higher education and legal as well as political parity. UN. GIFT 18

28 As a woman, you are part of one of the groups most vulnerable to Human Trafficking. Women and girls make up over 70% of annual trafficking victims and, as such, must take extra precautions to know the dangers of trafficking, as well as the rights that protect them from such exploitation. 13 What are My Vulnerabilities? Given the many forms of Human Trafficking that exist within India and around the world and the numerous methods through which victims are recruited, it is essential that every woman familiarises herself with the potential threats around her and identify her own vulnerabilities. These vulnerabilities may not be the same for every woman they are dependent on the economic, political, social, and emotional environment in which you live, as well as your own personal background. They may include dysfunctional family dynamics, a lack of education, poverty, and many other socio-economic issues (see Social, Economic and Political Factors, page 6). For example, if you are from a family of limited economic means and find you are subjected to financial difficulties, you may be vulnerable to persuasion by traffickers through the promise of employment or legitimate work. By recognising the ways in which you are vulnerable, you can take special care to ensure that others do not exploit these vulnerabilities. While there are a number of possible vulnerabilities that we may each be subjected to, one of the most important factors that can make us susceptible to trafficking is a lack of awareness. By understanding the dynamics of Human Trafficking and the ways in which it threatens women, you are empowering and protecting yourself and helping to eliminate this weakness. 19

29 20 What are My Rights? As a citizen of India, you are protected by a number of national and international laws. In addition to these basic rights, there are also several special laws in place for the protection of women s rights. However, it is important to understand that your rights are not always properly upheld and protected by law enforcement, and it is therefore very important that you take the initiative to know your rights so that you can tell immediately when they are being violated. Constitutional Rights Your constitutional rights are those rights guaranteed to you under the Constitution of India. It is the duty of the government to see that these rights are protected and afforded equally to each and every Indian citizen. Although there is very little specific mention of women in the Constitution, there are still several Articles that are very important to the protection of women s rights. Some key constitutional rights that protect you from the exploitation of Human Trafficking are: Article 21 No person shall be deprived of his life or personal liberty except according to procedure established by law. Right to life, enshrined in Art. 21 means something more than survival or animal existence. It would include the right to live with human dignity It would include all those aspects of life which go to make a [person s] life meaningful, complete and worth living. Article 21 covers one of the most important fundamental human rights and is a large part of the basis upon which Human Trafficking is deemed as a direct and heinous violation of the Constitution. In addition to the protection of every citizen s right to life and liberty, this Article makes special mention of the Right of women to be treated with decency and proper dignity. Article 39 e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age and strength. This Article is important as it identifies the State s obligation to ensure that citizens are not forced into unsuitable forms of labour, which is almost always the case in instances of Human Trafficking. Article 15 (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (3) Nothing in this Article shall prevent the State from making any special provision for women and children. Although Article 15 does not necessarily relate directly to all cases of trafficking, 15(3) is worthy of mention, as it is this article that has allowed for the creation of several important laws that are in place to protect women and children from trafficking and other forms of exploitation and harm.

30 Internationally Protected Rights In addition to your constitutional rights, you are also protected by several international laws and conventions. Although the provisions of many of these Conventions are not directly applicable to citizens, it is the duty of every signatory state, including India, to create all necessary legislations in order to uphold the rights enshrined in the Acts. One of the most important international Conventions for women s rights is the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). Under CEDAW, guidelines are laid out to protect the rights of women from discrimination and abuse of their societal vulnerabilities, including: Article 6 State-Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women. This is the most pertinent article of CEDAW to the issue of Human Trafficking. However, there are several other Articles that also relate to Human Trafficking in that they serve to lay the burden of responsibility on the State to prevent the social, political and economic patterns that often lead to the trafficking and exploitation of women. The following are examples of such. Article 3 States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men. Article 5 State Parties shall take all appropriate measures (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women. 21

31 Rescue and Recovery Although you can reduce your risk of being victimised by traffickers through sensitisation and increased awareness, it is also important to familiarise yourself with the proper rescue and recovery procedures to be followed by officials, should you fall victim to Human Trafficking. The most common form of trafficking that occurs in the case of female victims is trafficking for sexual exploitation. In many cases, women are found and rescued from brothels and put through a process of recovery and reintegration. However, it is unfortunately quite common for the rescue and recovery process to be carried out inappropriately, often causing further harm to those being rescued. This can occur due to a lack of appropriate sensitivity and care on the part of the officials, or to an absence of proper training. By knowing the proper guidelines to be followed by the rescue team, you can protect yourself from being further violated. Guidelines for the Rescue Team Team should include at least one female police officer and a female representative from a reputable antitrafficking NGO Victim s children and personal belongings should be retrieved at the time of the rescue Victims should be treated with dignity and respect Victim should be segregated from the accused and suspects Victim has a right to privacy. Avoid media publicity If you or someone you know has been rescued from a brothel and you believe that the rescue process was exploitative or did not follow appropriate procedure, or if you find that in the process of the rescue you have been treated as a criminal instead of a victim, you can contact HRLN or another reputed antitrafficking organisation for help. HRLN may be able to provide you with legal or other assistance. As a victim of Human Trafficking, you are NOT a criminal and should not be treated as one. 22

32 Resources for Women official site, Trafficking Section Official Site of the UN Development Fund for Women (UNIFEM), South Asia office - Includes publications in Hindi and Nepali Information and Resources on Gender Equality and Empowerment of Women trafficking/index.html UNODC Information on Human Trafficking and Migrant Smuggling trafficking/publications.html Downloadable PDF Publications on Human Trafficking Information on the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime (2003) untreaty.un.org/english/notpubl/18-12-a.e.doc Full text of the Palermo Protocol Office of the United Nations High Commissioner for Human Rights Division for the Advancement of Women Includes information on CEDAW as well as the full text of the Convention 23

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34 For Parents 25

35 Every year, an estimated 800,000 people are trafficked across national borders, and millions more are sold within their own countries. Of these, over 20% are children

36 What is My Role? As a parent, you are entrusted with one of the most important, complex and delicate jobs on the planet the protection and nurturing of children. While you unfortunately can never fully protect your children from all the dangers that exist in the world, there are measures you can take to make them far less vulnerable to being trafficked. Due to their inherent innocence and vulnerability, children are more easily deceived and abducted by traffickers. 15 Therefore, we must take extra care to sensitise our children on the dangers of Human Trafficking and teach them to protect themselves. Unfortunately, one of the most common methods of child recruitment into trafficking is directly through the child s parents or guardians. 16 In situations of economic desperation, Children are often purchased from their parents for the purpose of domestic labour and many other forms of exploitation. In many cases, parents who sell their children to traffickers believe that it may be the best option for the child, as they do not have the financial means to take care of their children properly. Some parents believe that by selling their children as domestic servants or other labourers, the children will lead a better life in which they have food and a means of basic subsistence, while the parents also receive some monetary relief from the selling of the child. However, this justification is unfortunately very untrue. Children who are trafficked are not only deprived of food and nourishment, but are also severely abused and battered in numerous ways. 17 As a parent, it is important to understand that, no matter how desperate your situation may be, your child is never better off being trafficked. Should you find yourself in a situation of severe financial anxiety or poverty, you should know that there are other options and ways to get help. See the Resources for Parents section at the end of this chapter for more information. Whether or not you are in a condition of financial instability, you must know that your child is still vulnerable to Human Trafficking. Direct contact with the parents or guardians of children is a very common method of recruitment used by traffickers, but it is not the only one. Children are also abducted by traffickers through deceit and trickery, or by sheer force. You can help to protect your child by educating them on the dangers of Human Trafficking, and teaching them not to trust strangers. Go through the children s chapter of this booklet with your child, and help them to understand their rights, and the ways that they can protect themselves. 27

37 The Rights of Your Child In addition to the basic human rights belonging to every human being, your child also has special rights specifically designated to children. These rights are enshrined in several national and international laws and Conventions. As a parent, it is important that you know your child s rights so that you are aware when these rights are being violated. Because your child may not yet have the ability to stand up for his or her own rights, it is your job as a parent to see that your child is not exploited or harmed. UN Convention on the Rights of the Child (1989) This convention is one of the most important international vehicles that deal with child rights. As it has been almost universally ratified (with the exception of Somalia and the USA) 18, it can be seen as a primary international reference for the treatment of child rights. The scope of this Convention is quite broad, and includes a wide range of rights and protections for children. There are also some specific provisions that deal directly with Child Trafficking and the exploitation that results from it. It is the duty of the State to see to it that these provisions are adequately implemented. Article 11. State parties shall take measures to combat illicit transfer and non-return of children abroad through bilateral or multilateral agreements or accession to existing agreements. Article 21. State Parties to recognise and/or permit the system of adoption and ensure that the best interest of the child is of the paramount consideration. The adoption of a child is to be authorised by competent authorities. Safeguards and standards to be laid down for inter-country adoptions, especially to ensure that placement does not result in improper financial gain for those involved. Article 32. State Parties to protect the child from economic exploitation and performing any work that is likely to be hazardous or interfere with the child s education or be harmful to the child s health or physical, mental, spiritual, moral/social development. Article 33. State Parties to protect children from the illicit use of narcotic drugs and psychotropic substances, and to prevent the use of children in the illicit production and trafficking of such substances. Article 34. State Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, State Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent: (a) The inducement or coercion of a child to engage in any unlawful sexual activity (b) The exploitative use of children in prostitution or other unlawful sexual practices (c) The exploitative use of children in pornographic performances and materials Article 35. State Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any other form. 28

38 Juvenile Justice (Care and Protection of Children) Act, 2000 This Act is in place for the special protection of children, including those in conflict with the law. Several offences punishable under this Act pertain directly to the issue of Child Trafficking. Section 23: Cruelty against a child by a person having charge of such child, including assault, abandonment, exposure, willful neglect or procuration of a child for any of these acts, in a manner that is likely to cause mental or physical suffering to the child. Section 24 (1): Employing, using or causing a child to beg. Section 26: Procuring a child for hazardous employment, keeping such child in bondage and withholding the child s earnings for one s own use. Other Laws Concerning Child Rights Child Labour Abolition and Regulation Act, 1986 Lays out guidelines for the prohibition and restriction of child labour in many forms Domestic Violence Act, 2006 Provides for the protection of both women and children from domestic violence and abuse in all its forms. Goa Children s Act, 2003 Provides a detailed definition of trafficking as well as provisions concerning the punishment for abuse and exploitation of children. Unfortunately only pertains to the state of Goa. 29

39 Effects of Child Trafficking Children who are trafficked, whether for sex work, forced labour or other forms of exploitation, directly experience a wide range of physical, psychological, emotional and social effects on their lives, some of which can make them unable to lead a healthy and normal life even after being rescued. 19 Physical Effects Psychological and Emotional Effects Shame, guilt, low self-esteem caused by the experience of abuse as well as social stigma Feelings of betrayal and reluctance to trust others Nightmares, hopelessness, depression, and in some cases suicide attempts HIV/AIDS and other sexually transmitted diseases (particularly in the case of children trafficked for sex work) Beating and mutilation, food deprivation and malnourishment Numerous forms of physical and mental depletion caused by drugging (used to maintain control over children trafficked for begging) Social Effects Alienation, social stigma, rejection by communities and families Inability to find willing spouses later in life, inability to find jobs Increased vulnerability to re-trafficking and revictimisation due to social alienation 30

40 Resources for Parents Official Site, Trafficking Section official site, Child Rights Section Full text of the UN Convention on the Rights of the Child Comprehensive information on child rights, as well as initiatives concerning education, health and general welfare of children (maintained by UNICEF) Official site of the UN International Children s Emergency Fund (UNICEF) 31

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42 For Children

43 Child Trafficking interventions must see children as key actors, not as passive recipients of assistance. They should give priority to enable children to actively participate in claiming their rights CACT (Campaign Against Child Trafficking) 34

44 What is Child Trafficking? Trafficking in persons is a very complicated crime that takes place in many forms all over the world. It is a form of slavery in which both children and adults are taken from their homes and forced to do a variety of harmful activities against their will. Child Trafficking refers specifically to this crime when it affects children, or anyone under the age of 18. It is extremely important for you to know about the dangers of trafficking and ways to protect yourself against them. By learning about Human Trafficking, as well as the rights and laws that exist to protect you from it, you can be a key part of combating this multinational crime. 35

45 Know Your Rights! As a child, you are a very important part of society you represent the future of India. Because of your key role in the world, you have special rights that exist just to protect you from harm; therefore, make sure that you can live your life in a happy and healthy environment. A right is something that, by law, should be guaranteed to you. For example, the right to education means that it is the duty of the government to make sure that you get an education. Unfortunately, sometimes your rights are not protected properly. This is why it is especially important for you to know your rights. This way, you will know when your rights are being threatened or violated. It is very important to remember that if your rights are violated, it is never your fault. 36

46 These are some of the rights that protect you from Human Trafficking Right to Protection from Economic Exploitation This protects you from being forced to do any kind of work that is harmful to you in any way, or that interferes with your education. Protection from being used in the transfer of drugs and narcotics This right prohibits others from making you participate in the smuggling of drugs and illegal substances. Right to Life and Personal Liberty This right is guaranteed to all Indian citizens under the Constitution. In this case, life means not only being alive, but also having proper freedom and dignity. Therefore, any action that harms your freedom or dignity is a violation of this right. Protection from all forms of Sexual Exploitation This right protects you from being made to perform any sexual acts. Prevention from being trafficked This right is enshrined in the UN Convention on the Rights of the Child. It protects you directly from being trafficked for any purpose. 37

47 Dos and Don ts for Kids Do: Talk about it! Talk to your friends, family and teachers and help others learn how to fight trafficking Don t: Don t Be Ashamed. If you are a victim of trafficking, it is not your fault. By speaking up and telling your story, you can help in the fight to stop Child Trafficking. Don t: Don t Trust Strangers. Never agree to go anywhere with or do anything for someone you don t know. Do: Get Help. If you are being mistreated at home, or feel that your rights are being violated, ask for help from HRLN or another organisation that deals with child rights. 38

48 Resources for Children Learn more about your rights, and the work HRLN does to protect them. You can also contact us for help, if you are in trouble or your rights have been violated. See the final pages of this book for our full list of contacts and information. CHILDLINE India CHILDLINE India assists children in distress all over India. Their emergency helpline can be reached at any time, day or night, by calling 1098 (toll free). 39

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50 As a citizen of India, and more importantly as a citizen of the world, you can be a part of the global fight against Human Trafficking. By taking initiative to learn and help others learn about trafficking, you are empowering and protecting yourself and others from the dangers posed to all of us by this sinister crime. What Can We Do? Spread the word... Spread the word! Make posters or pamphlets on anti-trafficking, or just talk to your friends and family. By helping others to understand Human Trafficking, you are fighting one of the root contributors: a lack of awareness. Take Action! Get involved with an Anti-trafficking organisation near you, and work on the frontlines in the fight against Human Trafficking. Speak Up! If you encounter a situation that looks suspicious, or know of any case in which you believe someone is being exploited or trafficked, contact the police, HRLN or any other reputable anti-trafficking agency. You may be able to save someone from being trafficked.