The Complexity of Child Trafficking 4. Chapter Two: The Scope of Child Trafficking in Africa and Africa. Palermo Protocol: Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.
Key Questio ns
Given the global character and complexity of human trafficking, the emphasis in this dissertation is only on effective solutions for combating and eradicating child trafficking on the African continent. 9. As will be seen later in this study, the Protocol, unlike all previous conventions against trafficking in persons and slavery, comprehensively addresses trafficking in persons and provides a definition.
The Complexity of Child Trafficking
The definition of human trafficking, and in particular of children, proposed in the Palermo Protocol is taken as a reference in this thesis. 28T Raviv 'International Trafficking in Persons: Focus on Women and Children - The Current Situation and the Recent International Legal Response' (2003) 9Cardozo Women's Law Journal659 at 662 - 663.
Motivation for the Study
Second, the vulnerability of children to human trafficking and its devastating psychological, health, and social consequences motivated this dissertation. Thus, the focus of this dissertation is on child trafficking and the effectiveness of current solutions in Africa.
Methodology
Furthermore, the literature review for the purpose of this proposal shows a dearth of writings that focus on solutions to human trafficking in general and child trafficking in Africa in particular. This study adopts a multidisciplinary approach in that it reviews legal as well as social science (for example, psychology and social science) literature.
Overview of the Chapters
Chapter Two: The Extent of Child Trafficking in Africa and the International Legal Framework
- Introduction
- The Extent of the Child Trafficking Phenomenon on the African Continent
- Analysis of International Laws on Trafficking in Human Beings
- Anti-Trafficking International Instruments Prior to the Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons,
- The Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000)
- Conclusion
This is followed by the indication of why these agreements are not effective in tackling child trafficking. 99 United Nations Office on Drugs and Crime Summary of the Palermo Protocol (2002), available at www.unodc.org/unidc/in/tra ffickin gconvention.html.
Chapter Three: Preventing Trafficking in Children in Africa
Introduction
The Extent of Child Trafficking Prevention Efforts on the African Continent
States Parties must strengthen their policies and other measures through bilateral and multilateral cooperation to counter the demand that promotes all forms of exploitation and leads to the trafficking of children. Given the length limitations of this research, this chapter focuses on the demand for children for sexual exploitation, child sex tourism and domestic servitude, and on some of the factors that make children vulnerable to trafficking on the African continent, such as poverty. and corruption.
A ddressing the Demand Side of Trafficking
- Sexual Exploitation
- Child Sex Tourism
- Domes tic Work
States Parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including bilateral and multilateral cooperation, to deter demand that promotes all forms of exploitation of persons, especially women and children, that leads to trafficking in persons. i". The Protocol establishes a correlation between demand and human trafficking. "" Demand is understood as "the nature and extent of exploitation of victims of trafficking after they reach the destination point, as well as social, cultural, political, economic, legal and developmental factors , which shape the demand and influence or enable the process of human trafficking.,118 In the following, the discussion on the demand for children for sexual exploitation, child sex tourism and the areas of domestic work in which the services of children, victims of human trafficking, are the most used in African continent.119. Although children are trafficked for a variety of purposes in Africa, the above overview shows that they are primarily trafficked for sexual exploitation.V" Some African countries have specific legislation that addresses the commercial sexual exploitation of children, but the demand for human trafficking in most countries not discussed. them.121 For.
Some countries in the world, such as Sweden, have passed laws banning the purchase of sexual services.
Addressing Factors that make Children Vulnerable to Trafficking
- Corruption .1 Definition
- Child Poverty .1 Defining Child Poverty
Botswana has been ranked among the countries with the lowest level of corruption on the continent for the last four consecutive years.i'" The government prioritized the issue. 214 Both income and access to social services were taken into account.i "The relative approach to poverty is broader than the absolute approach. It does not take into account not only the absolute lack of resources necessary for survival, but also inequalities or differences in society.i" Each of the approaches (absolute poverty and relative poverty) has its own shortcomings, but this.
These socio-economic rights are the rights to basic nutrition, shelter, basic health services and social services.r'''' The inclusion of socio-economic rights in the constitution forced the state to join efforts to enforce these rights.r " These steps include adopting and the implementation of laws.
Conclusion
African countries should follow the recommendations of USAID and UNGIFT on corruption and learn some lessons from the anti-corruption agencies of Madagascar and Botswana. Moreover, it is recommended that they follow the path followed by South Africa in the fight against child poverty. It is one of the rare countries in the world that includes the socio-economic rights of children in the constitution.
Chapter Four: Reactive Solut ions after Trafficking for African Countries 233
Introduction
Each section begins with an overview of the current reactive measures used in most African countries to counter the crime of human trafficking in general and child trafficking in particular. Then follows the identification of shortcomings in current practices and the proposal of solutions. Most of the suggested solutions derive from international anti-slavery laws and in particular from the Palermo Protocol and best practices used in other countries of the world engaged in the fight against human trafficking.
This chapter begins by discussing the importance of the implementation of anti-trafficking laws by African countries.
Anti-Trafficking Legislation
The biggest factor that explains the inability of most African countries to fight child trafficking is the lack of comprehensive anti-trafficking legislation and/or weak law enforcement. With only a few African countries having anti-trafficking laws by 2008, the situation is far from 24 1 African countries that do have specific anti-trafficking laws that prohibit all forms of child trafficking are Benin, Burkina Faso, Cameroon, Djibouti, Ghana, Guinea, Liberia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Nigeria, Senegal, Sierra Leone, Togo and Zambia A model of a comprehensive anti-trafficking law to be recommended for African countries is presented below.
247Fischer correctly notes that African countries without anti-trafficking legislation may use international standards as a means of interpreting national legislation, even if these standards are not directly applicable or legally binding.
Improving the Understanding o f Child Trafficking Phenomenon by Criminal Justice System Agencies
Some of the first areas that need clarification through training are understanding the definition of human trafficking and the difference between human trafficking and migrant smuggling. Elements that help distinguish smuggling from human trafficking are:260. The United Nations Protocols distinguish between the crime of human trafficking and the crime of human smuggling. Human smuggling involves the facilitation of an illegal border crossing and is therefore a violation of the integrity of the state.
Knowing the causes of trauma and its impact on child victims, the strategies child victims use to cope, and how trauma affects their behavior and responses can help judges and prosecutors handle these cases properly. and long-term exploitation ruins child victims' trust in others; therefore, they withdraw from social relationships, which sometimes explains their hostility and lack of social relationships.
The Investigation of Child Trafficking in Africa
- Analysis of the Investigative Methods Used Around the World
- Raids
- Interviews with C hild Victims of Trafficking
A combination of the reactive approach and the proactive approach has produced positive results in countries such as Madagascar. Given the clandestine nature of the crime of human trafficking, raids are also recommended to rescue victims and detect human trafficking. The victim's testimony can be stronger if it somehow proves the facts.
Successful prosecution of traffickers requires sharing of data collected between relevant authorities. In fact, the commercial characteristics of the crime are human trafficking.
The Prosecution of Traffickers on the African Continent
The effectiveness of the legislation is assessed through a review of the law in the books and the law in practice (daily practice).326. After establishing legal credibility, the next step is to consider the role of the child in criminal proceedings. In order to testify against the perpetrators, the child victim should be in the country where the trial is being conducted.” Article 7 of the Palermo Protocol provides that States Parties “shall consider adopting measures allowing the victim of trafficking to remain in their territory, temporarily or permanently for appropriate coincidence.
It is not always easy to say at which level in the chain criminal systems lack effectiveness.
Care and Support of Child Victims of Trafficking on the African Continent
This evaluation must be done in accordance with the provisions of the CRC, in particular respecting the rights to participation, family unity and the economic and social rights of a child. 36_ Committee on the Rights of the Child, General Comment no 6, Treatment of unaccompanied and separated children outside their country of origin CRC/GC/2005 /6. Those who decide to repatriate child victims of human trafficking are advised to base their decision on the best interests of the child.
The return decision must be based on a number of factors, such as the danger that repatriation may pose to the child, extensive investigation into the family situation and other factors that may influence the child's development.
Conclusion
In conclusion, most African countries have poor care and support systems for the care of child survivors of human trafficking. In addition, child victims of human trafficking should be adequately protected during criminal proceedings against possible retaliation and threats from traffickers. Countries deciding to repatriate child victims of human trafficking are advised to base their decision on the best interests of the child.
Child victims of trafficking should be allowed to remain in the host country where their return is not in their best interest.
Chapter Five: Conclusion Recommendations
Conclusion
Recommendations
By identifying good practices in preventing and combating trafficking, this study aims to contribute to a change in the approach used on the African continent by emphasizing the need to adopt comprehensive anti-trafficking legislation in all African countries. African countries should not only rely on raising awareness as a method to prevent child trafficking, but should also rely on other methods provided for in Article 6 of the Palermo Protocol. For an efficient prosecution of trafficking suspects, African countries must ensure that their criminal justice systems are credible.
For good care and support for child victims of human trafficking, African countries must develop national action plans, and these plans must include provisions for the establishment of mechanisms to monitor care practices.
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