Supplementary memorandum submitted by
UNICEF
INTRODUCTION
Mindful of the important contribution that young
people can make to our understanding of the issues that concern
them, in 2005 and 2006 UNICEF arranged for children and young
people who had been trafficked while under 18 years of age, to
be interviewed in their home countries. Interviews were conducted
in Albania, Kosovo, Republic of Moldova and Romania. Each of the
children and young people described their lives before recruitment,
their experiences during exploitation, and how they got away from
the traffickers. They also spoke of rebuilding their lives once
they were free. The interviews formed part of a broader assessment
of strategies to counter child trafficking in the region.
POLICY RECOMMENDATIONS
What can be done to protect and assist children
in situations of trafficking and exploitation
These recommendations are based on the broad
body of UNICEF studies on child trafficking and reconfirmed through
the voices of the children and young people quoted in this study.
There are many different patterns of trafficking
and exploitation, different factors that are interrelated in a
variety of ways, and multiple phases involved in the trafficking
process. Most children interviewed (21) knew their traffickers.
In some cases the exploiter was identified as a boyfriend or lover;
in three cases it was a neighbour; in three others a cousin. Traffickers
were both women and men, mostly adults, but in some cases they
were under 18 years of age or even much younger.
— Responses should recognize and take
into consideration that the trafficker is often a relative, a
peer, or someone with whom the child is already acquainted, and
he/she may therefore be reluctant to report due to attachment,
shame or fear, or both. Special measures should be taken when
the trafficker is a child. Actions should be taken to avoid the
risk of re-trafficking.
— The protection of the rights of trafficked
children and a victim-oriented approach should be central in any
anti-trafficking law enforcement and identification process. Special
measures (eg diversion) should be taken when the trafficker is
a juvenile to avoid the child's entry into the criminal justice
system.
Some children were intercepted by border guards
who took the children away from the traffickers. In other cases,
border controls did not end the trafficking process, even though
some children had incomplete or forged documents. In some cases,
corruption seemed to facilitate the border crossing. Some children
also suspected that the police were corrupt and complicit with
the traffickers.
— Governments should assess what measures
are in place at the borders to identify and protect children being
trafficked. Existing measures may be either inadequate or not
fully enforced or simply ignored. All actors who may interact
with children who are being trafficked should be trained regarding
the special risks, vulnerabilities and rights of trafficked children.
The establishment of a Europe-wide referral system, with clear
procedures and communication protocols, could facilitate this.
Child migrants need better access to information on their rights
and how to get access to assistance once they leave home, both
in their own country and abroad.
Most children who developed an escape strategy
relied upon the help of a relative, a friend, another trafficked
woman or girl, an NGO worker, a "client" paying for
sexual services, or various combinations of all of these.
— Governments should provide outreach
services, hotlines, free telephone advice including on legal issues,
drop-in centres and child-friendly information/material. These
services should be developed in a consultative process with children
and young people, including those belonging to marginalised groups,
migrants and victims of exploitation and trafficking.
— Identification procedures should
be developed aimed at detecting indicators of trafficking and
referral to services. Further research on identification processes
may be necessary.
— Partnership should be developed with
agencies with a labour protection mandate to monitor and provide
support to exploited children. In the specific context of the
sex industry, imaginative schemes should be designed to encourage
men who pay for sex to identify victims of trafficking, particularly
those under 18 years of age. They should also know who to contact
in order to ensure that a victim of trafficking receives appropriate
assistance. Support should be given to encourage initiatives of
boys and men who work with peers on gender and sexuality to prevent
and combat sexual exploitation.
The experience of the 31 children who participated
in this study illustrate that reality does not always fit neatly
into the definition of child trafficking provided by the Palermo
Protocol. The real situation of these children is much more complex.
Their subjective perception of exploitation and abuse often varies,
making it a particular challenge to fully understand the dynamics
of exploitation and abuse when children are moving from one place
to another.
— Children migrating to seek work within
their own country or abroad need more effective protection. This
involves protection measures at home, to give them opportunities
to find out about employment opportunities and to find out if
those they hear about are genuine and safe; and measures abroad,
to prevent forced labour in the informal economy as well as exploitation
in formal employment. This also means discarding the assumption
that adolescents (especially 15- to 17-year-olds) do not or should
not migrate to work away from home. Children should be given the
opportunity to acquire skills (eg language and technical skills)
that will help them gain access to the labour market in accordance
with international standards and national labour regulations.
— Further research is needed concerning
children's motives for migrating and their experiences once they
do, including on the forms of abuse they experience, the degree
to which they are informed of the risks involved and their suggested
actions in terms of policy and programme response. Children and
young people could also be involved in designing the research
and be associated with its development, when safe and appropriate.
March 2009
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