Plan for a scoping study:

Transcription

1 Plan for a scoping study: Hotspot program against commercial sexual exploitation of children in Brazil April 2018

2 Proposal summary The Freedom Fund proposes to conduct a five month study to determine the feasibility of establishing a large-scale, comprehensive initiative to address the root causes of commercial sexual exploitation of children within specific regions of Brazil, contributing to the national coordinated effort to eliminate CSEC. A major issue of slavery Although there has not been a systematic study of prevalence of the problem, reports by leading national and international agencies (Plan, Terre des Hommes, ECPAT and others) cite estimates of the current number of child victims in Brazil varying from 100,000 to 500,000. According to the Child Exploitation and Online Protection Centre (UK) (2013), the prevalence of commercial sexual exploitation of children is higher in Brazil than anywhere else in the Western Hemisphere. Recent reports have documented high concentrations of sexual exploitation of children and adolescents in several contexts: big construction projects; by criminal gangs and militias in some of the urban favelas; along thousands of miles of Brazilian highways; and within coastal and Amazonian tourist areas. The study There are a wide range of government-supported programs and civil society initiatives to tackle CSEC in Brazil. The Freedom Fund will research how a hotspot could build on these experiences, understanding the opportunities and gaps, and seeking to work alongside the Liberta Institute and other key stakeholders. Proposed strategies for consideration would include: Developing community-based prevention; support for recovery for survivors; legal enforcement; combined tactical actions against specific risks, hubs or networks for child trafficking; public exposure and national visibility of the issue of sexual exploitation; engagement and increased expertise of statutory bodies and schools in fulfilling protective services; and rigorous evaluation. The Freedom Fund will undertake the study, with desk research and intensive field-based interviews resulting in a report with clear recommendations on whether a hotspot program is feasible. It will also identify the scope, goals, strategy, collaborations and resources required for a multi-year intervention on the issue in Brazil. The report should be completed by the end of November Cover image: Ginny Baumann/Freedom Fund 2

3 Background on the problem of CSEC in Brazil Across many cities and regions, NGOs and government bodies have been bringing the problem of child sexual exploitation into sharp focus. They are pinpointing some of the worst sites of concentrated abuse - along miles of highways, at big construction and mega events, at coastal tourist cities at all the places where large numbers of men are congregated, outside the social fabric and normal boundaries of human values. Across Brazil, the pattern of economic development is fuelling vulnerability for its least protected citizens, creating markets for the sale of children, with traffickers and buyers shielded by anonymity and impunity. The lifelong damage shame, negative self-image, self-harm and isolation caused by sexual exploitation means that it is urgent not only to ensure that every survivor has resources for recovery, but to end the invisibility of the problem, to bring the earliest and most tangible protection to every child at risk, and to ensure that the likelihood of prosecution becomes a reality. Prevalence According to the Child Exploitation and Online Protection Centre (UK) (2013), the prevalence of Commercial Sexual Exploitation of Children is higher in Brazil than anywhere else in the Western Hemisphere, and globally, only Thailand is likely to have a higher number of exploited children. 1 The national hotline, Dial 100, highlights cases of sexual exploitation in thousands of municipalities across all of Brazil. There is a lack of in-depth research on the scale of the problem. It is a hidden issue, costly and very hard to measure with accuracy. Several reports between have suggested that the prevalence of CSEC varies between 100,000 to 500,000, with a number of recent studies using the estimate of 500,000. For example, Terre des Hommes 2016 study Down to Zero estimates the prevalence to be between 100,000 and 500,000. Plan International (2014) and National Forum for the Prevention of Child Labour (2012) have also used the estimate of 500,000. Challenges in tackling sexual exploitation of children: Experts in Brazil highlight a range of challenges in addressing the problem: Invisibility of the issue, and blaming of the victim: Sexual exploitation tends to be normalised, and patriarchal values mean that even when victims come forward, they may be blamed for what they have suffered. There is a tendency to distinguish between CSEC affecting younger victims (under 14 years) and affecting year olds. Older victims are assumed to be voluntarily involved in commercial sex. Race and ethnicity also play a prominent role, with the idea of sexual exoticism affecting black, mulatto and indigenous females. While girls are most affected, sexual exploitation also affects boys, with homosexual and transvestite adolescents facing higher risks due to social discrimination and rejection by families. 1 Quoted in: Power, Impunity and Anonymity: Understanding the forces driving the demand for sexual exploitation of children, ECPAT

4 Image:Ginny Baumann/Freedom Fund Low rates of reporting and insufficient services: These factors result in very low rates of reporting. Victims generally do not expect that anything will be done if they complain or seek help. There is a shortage of budgeted services for care of victims and their families. There is insufficient expertise to assist exploited children. Culture of impunity: Perpetrators are rarely held accountable, and so the safe spaces for sexual violence are reinforced. There is a shortage of police intelligence services identifying criminal networks related to pornography, tourism and trafficking. Explosion of infrastructure development projects: There is mass migration of male workers to impoverished and remote regions for dam construction, gas pipelines and other large development projects, ignoring the impact on vulnerable populations. The concentration of males in harsh conditions, without a sense of belonging to the social fabric and with poor legal enforcement tends to create a market for sexual exploitation of children. Increased use of the Internet: Social networks (Facebook, Whatsapp, IMO) are used by exploiters to contact children online, to exchange images and bring children to meeting places. 4

5 Regional and sectoral concentrations of the problem According to a report issued before the 2014 FIFA World Cup, different forms of CSEC are prevalent in all major cities in Brazil. Prevalence is especially high in the northeast, southeast and southern regions of the country where the federal police report higher child sexual exploitation rates. The Down to Zero report highlights transport and large-scale construction, as well as travel and tourism as highly affected sectors. The NGO Childhood (2013) found that in a study of 316 construction workers in Goiás, Minas Gerais, Santa Catarina, São Paulo and Rondônia, 57% of workers confirmed that children and adolescents nearby were being sexually exploited, and 25% of respondents admitted having sex one or more times with adolescents. Child sex tourism is a problem especially in resort and coastal areas, though further research is needed to understand whether this is simply the most visible part of the problem. Data from Dial 100 suggests that the vast majority of cases of sexual exploitation are not related to foreigners. Sexual exploitation of children continues to be highly prevalent in the favelas and unregulated settlements around big cities, where drug mafias and militias (formed by police and ex-police) use their power to exploit. The escalating use of crack in poorer areas has caused an increase in sexual exploitation, as addicted girls and boys sell sex in order to buy drugs. Fortaleza, Recife and Salvador are seen as having very high levels of CSEC and all three of these cities have set up special courts to deal with child sexual exploitation. In general, state capitals record a higher prevalence of CSEC, however this may be because victims are more able to report these crimes than those based in more rural areas. Manaus, as the major point of departure for navigating the Amazon is also seen as a high prevalence city. A parliamentary report identified that sexual exploitation of children on the ships on the Amazon is common. Other areas with known high rates of reported cases include: São Paulo, Rio de Janeiro, Porto Alegre, Curitiba, Natal, Mato Grosso and Brasilia. NGO Childhood Brasil and federal highway police have mapped thousands of risk points for child sexual exploitation along all the nation s highways, and Meninadança has highlighted 262 places along Brazil s second longest highway (BR-116) where children are known to be sold for sex. BR- 116 is seen as the worst motorway in the world for child sexual exploitation. Likewise, the main stopping point for truck drivers arriving in northern São Paulo has been identified as a focus for CSEC. Various legal cases against child sexual exploitation have highlighted the role of officials and the military. For example, in 2016, two child sexual exploitation rings were taken down in the state of Rio de Janeiro, one being run by city council men with military police, and the other run by a well-known military police colonel. In another example, in 2014, the mayor of the city of Coari, in the interior of Amazonas state, was arrested. He and other politicians were accused of organizing for many years the abuse of poor adolescents, whose sexual services were negotiated with their parents or directly with the adolescents themselves. The mayor was very powerful in the region, and a defendant in more than 70 court cases, but he has never been judged in a court of law. 5

6 Legal frameworks The exchange of sex for money is not criminalised between consenting adults in Brazil, but the Penal Code criminalises the facilitation of commercial sex and sexual exploitation, as well as criminalising profit by a third party. Articles 231 and 231-A of the penal code prohibit international and domestic sex trafficking. Also Article 149 prohibits slave labour including subjecting individuals to exhausting work days or degrading working conditions. With regard to children and adolescents, Article 67 of the 1990 Statute of the Child and Adolescent prohibits night work; dangerous, unhealthy or heavy work; and work that prejudices children s physical, psychic, moral and social development. While sexual exploitation and prostitution are ill-defined terms in Brazil s laws and penal code, this 1990 Statute defines sexual exploitation as prostitution involving anyone under the age of 18, consensual or not. Government action As well as these elements of the law, Brazil has a National Council for the Rights of Children and Adolescents (CONANDA) set up under the 1990 statute which brings together the efforts of state, district and local officials, alongside non-government organisations. Linked with this, Brazil updated its National Plan of Action to Combat Sexual Violence against Children and Adolescents in 2010, setting out a strategy against sexual violence and CSEC. The plan highlights prevention, children s participation in defence of their rights, efforts to combat impunity, as well as research and formation of networks against exploitation. To take this forward, the government has promoted an Integrated Action Program to combat sexual violence against children in Brazil (PAIR), which involves more than 500 municipalities in these tasks. The National Plan has been disseminated to all Brazilian states. The Brazilian Ministry of Human Rights also created an initiative to involve businesses in combatting child sexual exploitation. The government operates Dial 100 a national free hotline for reporting violations of human rights, including those affecting children and adolescents. In the two years , out of 228,696 complaints received regarding children and adolescents on the hotline: 7,429 (3%) were classified as child sexual exploitation; 119 as slave labour; 116 as trafficking in persons; and 24,845 as sexual violence. Integrated with Dial 100 is the Projeta Brasil, a mobile app set up by UNICEF and the government s Secretariat of Human Rights that facilitates the reporting of violations against children. This was launched as part of the Convergence Agenda of Promotion, Protection and Defence of the Rights of Children and Adolescents at Major Events, aiming to prevent exploitation of children during sporting and other events. 6

7 Image: Daniel Zanini H./Flickr Creative Commons Civil Society responses There are many initiatives supported by international funders and NGOs at national, state and local levels, for example, those led by ECPAT, TdH, Plan International, Childhood Brasil, Centre for the Defense of Children and Adolescents (CEDECA Bahia), Meninadança and Action Aid as well as the Liberta Institute (which will be an advisor on this scoping study). The projects of these organisations include a wide range of activities focused on prevention among high risk teenagers (for example through sports and dance activities), rescue and shelter, challenging child pornography and web-based exploitation, provision of therapy and education, legal actions and policy advocacy. Childhood Brasil has been working to motivate truckers to protect children from exploitation. There are also examples of collaborative efforts such as Down to Zero Alliance (between Plan, CEDECA and ECPAT) that focus on a specific region or sector. Down to Zero operates in 5 municipalities aiming to reduce the number of children at risk of commercial sexual exploitation in the city of Salvador (Bahia) by It strengthens public systems, social responsibility within the tourism sector, as well as promoting empowerment of children and adolescents at risk. 7

8 Researching the scope and feasibility of a hotspot program Image: CDI Brazil/Flickr Creative Commons Background on the Freedom Fund and our hotspot approach The Freedom Fund identifies and invests in the most effective frontline efforts to eradicate modern slavery in the countries and sectors where it is most prevalent. Partnering with investors, governments, anti-slavery organisations and those at risk of exploitation, we tackle the systems that allow slavery to persist and thrive. Working together, we protect vulnerable populations, liberate and reintegrate those enslaved and prosecute those responsible. The Freedom Fund carries out most of its work through support for multi-year hotspot programs, providing support through clusters of civil society organisations. This allows us to concentrate significant resources in geographic areas with high levels of slavery, so that we can achieve greater and more measurable impact in each place. Much of our support focuses on community-based local organisations, seeing them as the most effective agents of change, with capacity to deeply understand and challenge the status quo. 8

9 Within each hotspot, we invest heavily in developing the capabilities and analysis of these clusters of NGOs, including helping them diversify their funding sources. Partners meet at least quarterly, to learn together and plan advocacy and other joint activities. While each hotspot has a specific intervention strategy, most of the programs include a combination of strengthening government systems, reducing community-based vulnerability, challenging social norms, and engaging with the economic and business drivers of slavery. Scoping study in Brazil The Freedom Fund proposes to conduct a study to determine the feasibility of establishing a largescale, comprehensive initiative to address the root causes of CSEC within specific regions of Brazil. This research will inform UBS Optimus Foundation and the Freedom Fund s decision on whether to support an intervention aimed at bringing about measurable reduction in levels of CSEC in these contexts and regions. The Freedom Fund expects that this assessment will build on the work done by Liberta Institute and other key stakeholders in Brazil, including considering the scope for these agencies to further collaborate. Depending on the recommendations arising from the study, the strategy for the hotspot would include the following activities: Help those children who are most vulnerable to commercial sexual exploitation, and their parents and communities, to understand the specific causes and risks in their area, and to develop the social, economic, and legal means to protect themselves, especially through community mobilisation; Provide support and help for recovery to those who have left situations of exploitation; Strengthen the use of well-resourced legal enforcement against perpetrators; Create combined tactical actions against specific risks, hubs or networks for child trafficking; Expose the realities of the problem and make the issue publicly visible, not only targeting likely perpetrators but the general population, thereby increasing its political priority; Throughout all these activities, engage statutory bodies and schools in fulfilling protective services and duties toward children and marginalised communities strengthen the reach of mainstream social services and enhance their expertise on CSEC; Through rigorous evaluation, seek to articulate the most effective models for sustainably reducing CSEC and possible ways to take the work to scale. 9

10 Relevant expertise and experience In addressing the issue of commercial sexual exploitation of children in Brazil, the Freedom Fund brings a range of relevant experiences: In Kathmandu, Nepal, since 2015, we have supported a hotspot involving 17 local NGOs reducing exploitation of children in the entertainments sector. Over 7,000 individuals have gained social and legal services, 50 arrests have been made and important research on realistic pathways out is now guiding our partners as they help liberate hundreds of children each year. We are currently carrying out an in-depth prevalence study on CSEC in the city. In India, 29 NGO partners focus on protection of children from all forms of trafficking and exploitation. For example, our NGO partners in Tamil Nadu have a strong focus on preventing sexual exploitation of adolescent workers in spinning mills. One of our partners in northern India recently gained a Supreme Court victory that now requires careful scrutiny by lower courts regarding giving bail to perpetrators of sex trafficking. In India, since 2014, the combined efforts of our partners have liberated over 14,000 individuals from forms of slavery, and led to the arrest of 264 traffickers. In Ethiopia, our 12 partners help young women who are at risk of trafficking for domestic work to the Gulf states, especially addressing risks of physical and sexual exploitation. We recently worked with the main shelter home in Addis Ababa for returning survivors to strengthen its expertise in mental health and emotional care. For this scoping study and for preparing recommendations regarding a possible hotspot program, the Freedom Fund will take guidance and inputs from the Liberta Institute and Natasha Dolby. The Liberta Institute works against CSEC in Brazil by: raising awareness of the nature and scope of the problem, including improving available data; encouraging children/adolescents to report cases; improving protection; and improving the justice system s response, as well as legislation. Natasha Dolby is a member of the Freedom Fund s Council of Advocates; serves on the board of directors of Human Rights Watch; and is on the advisory board of ECPAT USA. She is a Co-Founder of Freedom FWD, an organization working to end commercial sexual exploitation of youth in San Francisco. She completed an independent research fellowship with Stanford University s Handa Center for Human Rights and International Justice, focusing on child sex trafficking in Brazil, where she is from. The Freedom Fund has good knowledge of the context in Brazil since its Senior Program Officer had close involvement in programs there against slave labour over a 6 year period; and in 2014, the Freedom Fund carried out detailed work towards a hotspot to combat slave labour and environmental degradation a project concept now being implemented by Brazilian organisations through use of in-country funding. 10

11 11 Image: Ginny Baumann/Freedom Fund

12 Key questions for the feasibility study These would include: What are the main channels and types of child sexual exploitation? What is the approximate scale of the problem associated with different sectors (e.g. megaconstruction projects; highways and trucking; pornography; tourism) and different regions/ cities? Where are victims coming from currently? Are there concentrated source areas? What are the key factors and forces that sustain these systems of slavery supply and demand? What are some relevant entry points for reducing and eliminating CSEC including focusing on prevention within source areas or the most at risk adolescents; enabling victims to access support for liberation, recovery and reintegration; legal actions for individual victims; strengthening business responses? How can visibility and public rejection of exploitation of children be increased through targeted media? What types of promising work are already taking place through civil society actors, and on what scale? What are the gaps and deficiencies? What evaluations (if any) have been carried out? Could effective work be expanded? In what ways is government supporting the elimination of CSEC and how could government action be made more relevant and present in the areas where the problem is concentrated? Where are the gaps or needs for advocacy? In what ways are businesses, including specific business associations (haulage and construction firms, hotel and tourism businesses), working to eliminate CSEC? What are the key gaps and needs for improvement? How can our activities best complement and strengthen existing efforts and alliances? Where are there regional gaps in coordinated efforts against a highly prevalent problem? What is the involvement of donor agencies within this sector? What should be the key priorities and geographic areas of focus for the activities of a hotspot? What might be the specific outcomes of such activities and how would those outcomes lead to the desired impact of reducing exploitation of children? What might be the potential timeframe for achieving these outcomes, and with what resources? 12

13 Tasks of the feasibility study Image: Ginny Baumann/Freedom Fund 1. Desk research Review existing literature and evidence from the last several years on the commercial sexual exploitation of children in Brazil. Use this to prioritise 2 3 geographic zones/sectors and approximately 30 key stakeholder organisations, including businesses and government departments to interview. a) b) 2. Research in the field/by phone: Carry out interviews with and site visits to a wide range of stakeholders. With the support and guidance of at least 2 different respected local NGOs, and with due regard to the Freedom Fund s child/client protection policy, carry out interviews and group discussions with survivors of slavery and with members of highly affected communities in at least 3 diverse locations, regarding activities that they view as relevant to improving the situation. 13

14 3. Analysis and preparation of findings regarding a) b) c) d) e) f) A needs assessment highlighting the present situation, geographic mapping of key locations, including whether there are any concentrated source and destination areas. Analysis of the evidence regarding the factors and forces sustaining CSEC, and relevant entry points for tackling the problem in this context. The scope, scale and likely effectiveness of civil society responses, including NGOs, coalitions, women s groups, survivor groups and self-help groups, as well as initial feedback on their capacity for scale up. Highlight good practices (including lessons learnt) and key gaps in response. The forms of engagement and legislative/policy context of key government actors, including opportunities for local and state advocacy for more effective policies or implementation. Highlight good practices and key gaps in response. The scope, scale and likely effectiveness of business responses. Highlight good practices and gaps in response. Existing donor programs of support in the sector/regions. How the various stakeholders interact and coordinate with each other, and the extent to which they are already or could have strategic dialogue and ultimately alignment of activities toward the goal of elimination of CSEC in the selected regions. 4. Preparation of recommendations regarding a) b) c) d) Key reasons for recommending or not recommending that a program would be feasible, sustainable, relevant and could add value. The key elements and logic of a change strategy 2 for use by the hotspot, including feasible and measurable outcomes. Indicate how far the achievement of those outcomes would go towards the overall desired result of eradication of CSEC in Brazil, and the increase of scale that might be needed to achieve that. The balance of focus (priority) between the 7 categories of activities listed on page 3. Likely effective strategies and activities to be adopted, including strengthening existing initiatives. Recommendation on an appropriate approach for facilitating coordination regarding the hotspot. Indicate the approximate scale of the activities that might be accomplished within the total budget during three to five years (e.g. number of locations, groups, participants). Indicate some of the important indicators of success and how they could be measured. 2 A change strategy is an explanation (often a diagram) showing how the supported activities can lead to desired outcomes, which can, in turn, contribute to the impact of bringing about a measurable reduction in slavery. 14

15 e) f) Ideas for recommended geographic locations for an intervention (including making sure these are complementary with other interventions not duplicating). Collaborators, stakeholders, potential partners with whom the Freedom Fund should undertake further exploration of working together. (A potential partner/stakeholder analysis). 5. Preparation of an initial opportunities and risk assessment: Highlighting factors that could add to or jeopardise the success of the recommended strategy, as well as potential threats of any kind to the funded collaborating organizations and local participants if the strategy were adopted. 6. Drafting of a written feasibility study report: Of approximately 40 pages to enable UBS Optimus Foundation and the Freedom Fund to make decisions about whether to go ahead with the program. This should cover points 3, 4, and 5 above and should include an Executive Summary of three pages. Image: Ginny Baumann/Freedom Fund 15

16 Proposed timescale for the study June July A u g Sept O c t N o v Tasks Desk research & discussion with experts Set up & carry out field research Analysis/writing of report Full draft discussed with experts. Final report to FF 16

17 Ginny Baumann Senior Program Officer The Freedom Fund London The Freedom Fund (UK) Lighterman House Wharfdale Road, London, N1 9RY United Kingdom The Freedom Fund (U.S.) 33 Irving Place New York, NY USA +1 (929) freedomfund.org