There is no international consensus on a definition of trafficking.
The Special Rapporteur on the sale of children, child prostitution
and child pornography considers the following to be the most
workable:
"Trafficking consists of all acts involved in the recruitment
or transportation of persons within or across borders, involving
deception, coercion or force, debt bondage or fraud, for
the purpose of placing persons in situations of abuse or
exploitation, such as forced prostitution, slavery-like
practices, battering or extreme cruelty, sweatshop labour
or exploitative domestic services."
Trafficking in women and children has emerged as an issue
of global concern in recent years: facilitated by porous borders
and advanced communication technologies, it has become increasingly
transnational in scope and highly lucrative.
Unlike drugs or arms, women and children can be "sold"
several times - they are commodities in a transnational business
that generates billions of dollars and operates with impunity.
Trafficking victims may be sold, tricked, forced or otherwise
coerced into situations from which they cannot escape. Many
are forced to work in the sex industry, as prostitutes or
in the pornography industry, others enter marriage contracts.
Violence is not always used. In some cases traffickers take
advantage of the vulnerability of those caught in a situation
in which they have no choice or perceive they have no choice
(e.g. persons living illegally in a country).
Others leave their countries willingly in the hopes of a
better life, but end up in situations where their health and
safety are in danger because of their vulnerability in a foreign
country.
Trafficking routes fluctuate according to local conditions
or supply and demand factors. It is no longer adequate to
say that victims are trafficked from poor countries to the
wealthier ones. In many cases the 'direction' or 'flow' may
appear illogical.
However, one must remember that it benefits the traffickers
to keep their victims in a foreign environment where not only
are they vulnerable for having entered a country illegally,
but disadvantaged because of their ignorance of the law, culture
and language of that country.
It is increasingly difficult to identify trends and patterns,
as the following examples show.
Young women from Romania and Moldova were
lured to Cambodia with promises of lucrative jobs as entertainers,
but ordered to work as prostitutes.
Immigration controls at the Paraguay
- Brazil border are extremely lax. Authorities do not request
identification papers from unaccompanied children or from
adults travelling with young children. It has been reported
that while some children are being trafficked across this
border from Paraguay to Brazil, others are being trafficked
from Brazil into Paraguay.
Young women and girls are trafficked
from Thailand to South Africa via Singapore, while children
from several African nations are trafficked to South East
Asia via South Africa.
Children are trafficked from China
to work in the sex industry in Thailand, while children from
Korea and Vietnam are trafficked to China.
There are unconfirmed reports of young
Filipinas trafficked to unexpected locations such as Africa,
Papua New Guinea and Guatemala. In the latter case, the ultimate
destination is probably Canada or the USA.
Children may be trafficked within a country or they may be
trafficked across national or international borders.
Trafficking within a country is less common than cross
border
trafficking, yet the harm suffered by the children is no less
than that suffered by the victims of cross border trafficking.
It generally occurs from the rural to the urban areas; however,
children may also be taken to touristic areas or areas dominated
by workers away from home (oil fields, construction sites,
truck stops, ports or military bases).
In addition, children who have been trafficked across borders
may continue to be trafficked within the destination country
to avoid detection.
Cross border trafficking can involve three countries:
countries of origin (i.e. children are taken illegally from
them); countries of destination (those that receive the trafficked
children); and transit countries (not the final destination,
but rather an entry point into another country or region).
Some countries can fall under all three categories. Guatemala,
for example, can be considered a country of origin, as children
have been trafficked to nearby Mexico or the United States.
It is a country of destination for some children from El Salvador,
Honduras and Nicaragua; and it is a transit country for others
from these neighbouring Central American countries who are
being trafficked to the United States.
The repatriation process can also traumatise a child
who has been trafficked. Children who have been trafficked
across borders and 'rescued' are often treated as criminals.
They are considered to be in breach of the law in those countries
which criminalise prostitution, and they are considered to
be in breach of immigration laws for having entered a country
illegally.
They may be subject to imprisonment or 'rehabilitation' before
being sent back to their country of origin. There is also
the possibility that once in their country of origin, they
are again punished, this time according to the laws and policies
of their own countries for emigrating illegally.
There is a need to apply immigration laws and policies more
humanely in the case of trafficked children, as well as a
need for international and regional agreements or cooperation.
In 1996 Indian police raided a brothel
in Mumbai and rescued over 400 women and girls, some who had
been trafficked into India from Nepal.
The Indian law enforcement authorities
wanted to return the Nepali victims to Nepal. The Nepalese
government, however, was unwilling to accept responsibility
for their return.
Since then, member nations of the South
Asian Association for Regional Cooperation (SAARC) pledged
to take coordinated efforts at the regional level to effectively
address this problem.
The Convention on Preventing and Combating
the Trafficking in Women and Children for Prostitution was
signed in January 2002 at the Eleventh SAARC Summit.
The Convention seeks to facilitate
cross-border collaboration by setting up a Regional Task Force
which will look into not just the criminal but also the human
aspects of trafficking by incorporating the care, treatment,
repatriation and the reintegration of the victims.
In Nepal today, most government shelters,
as well as NGO programmes for child victims of trafficking,
provide counselling and medical care services. In India, the
government has erected 80 protective homes to provide girls
and women who are detained under the trafficking law with
residential care, education, vocational training and psychological
services.
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