DAMODARAM SANJIVAYYA

NATIONAL LAW UNIVERSITY

&

CENTER FOR CHILD AND LAW

INTERNATIONAL LABOUR ORGANISATION

AND CHILD TRAFFICKING

Submitted By:
M. HARI HARAN1
Contact: 9566269166
Email: [email protected]

1
1. 3rd Year B.Com L.L.B. ( HONS. ) , School of Excellence in Law
 ILO AND CHILD TRAFFICKING

ABSTRACT:

In those well civilised nations where every single individual hustle to acquire a compact living
style, there are children who strive and struggle for their basic requirements. Although the primary education
rate has increased to 91%, the Child labour rate has been more than 200 million which comparatively 20% of
the world’s population. Child labour is said to be worst practice but it is just a branch of Child trafficking which
is the basis for every illegal activities done against children. Child trafficking is a form of human trafficking.
Child trafficking clearly exploits their life by depriving themselves from all basic necessities and most
importantly education. Child trafficking is the act of relocating the child from their safety places and forcing
them to do activities like working in hazardous place, prostitution and finally selling them for money. Child
trafficking results the child’s future to biggest tragedy.

Children who had been working in poor condition due to child trafficking could face physical and
mental problems. Their basic requirements and fundamental rights were deprived. Children trafficked for sexual
exploitations faces huge burdens and their futures were buried. In India Child trafficking and making them to
work is unconstitutional under Article 23 and 24 of Indian constitution. ILO and other organisation are trying to
protect children from trafficking and taking measures to stop trafficking through enacting policies and laws.
Child labour (prohibition and Regulation) Act 1986 and International Labour Organisation’s Convention
No.138 & Convention No.182 helps in tackling problems arised due to Child trafficking.

This paper deals about Child trafficking and how it affects the children. Then it also speaks about effects
and results of child trafficking. It also concentrates on how trafficking could be stopped and what can be done to
improve the living standard of those children affected due to trafficking. Lastly the paper discusses the laws and
policies taken by ILO and others (including government) to eradicate child trafficking.

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INTRODUCTION:

Trafficking of children is a kind of human trafficking and is defined as the "recruitment, transportation,

transfer, harboring" of a child for the purpose of slavery, forced labor and exploitation. Children may also be
trafficked for the purpose of adoption.

Though statistics of child trafficking are difficult to obtain, the International Labour Organisation (ILO)
estimates that 1.2 million children are trafficked every year. In 2012, the United Nations Office on Drugs and
Crime (UNODC) reported the percentage of child victims had risen from 20 percent to 27 percent within 3
years of time period. Accurately 300,000 children are taken from all around the world every year and sold by
human traffickers as slaves. Out of those 17,000 children are brought to the United States—about 46 children
per day2.  In 2014, research conducted by the anti-human trafficking organization Thorn reported that internet
sites like Craigslist are often used as tools for conducting business within the industry and that 70 percent of
child sex trafficking survivors surveyed were at some point sold online. The trafficking of children has been
internationally recognized as a serious crime that exists in every region of the world and which often has human
rights implications. Yet, it is only within the past decade that the prevalence and ramifications of this practice
have risen to international prominence, due to a dramatic increase in research and public action. A variety of
potential solutions have accordingly been suggested and implemented, which can be categorized as four types
of action: broad protection, prevention, law enforcement, and victim assistance.

REVIEW OF LITERATURE:

A Status and Action Report by the Central Advisory Committee on Child Prostitution (1991)estimates
that there are between 70,000 and 1,00,000 women trafficked and entered into prostitution in the six
metropolitan cities of Mumbai, Delhi, Calcutta, Madras, Bengaluru and Hyderabad.
Jean D ‘Chunha (1998) in his study it is critically examined the scale and magnitude of prostitution
and sex trafficking in South Asian countries. According to him, approximately 70,000 to 2 million women were
engaged in prostitution. Author believes that the principle means of supply for commercial sexual exploitation
of women and children is trafficking, abduction, deceit-lure of good jobs, fake marriage contracts, befriending
and sale into prostitution. For insistence around 5000-7000 Nepali women and girls are being annually
trafficked across the boarders into Indian brothels.

2
 "Human Trafficking Statistics".  ERASE Child Trafficking. July 20, 2016. Retrieved December 6,  2018.

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WHAT IS CHILD TRAFFICKING ?

Child trafficking occurs when children are taken away from their safety places and exploited. Children
who are trafficked are often forced into some form of work, used for sex or simply sold.

Trafficking of children is the process of finding and recruiting children, to transporting and receiving
them. Men, women and children all over the world are victims of trafficking, but children are particularly at risk

The International Labour Organization (ILO) says trafficking is among “forms of slavery or practices

similar to slavery” and should be eradicated as soon as possible.

Child trafficking is linked to demand for cheap labour, especially where the working conditions are
poor. Children may be forced into many dangerous and/or illegal situations, including slavery, domestic labour,
sexual exploitation or prostitution, drug trafficking and/or being turned into child soldiers.

Children who are trafficked are exposed to dangerous work such as working in hazardous environments.
Many are also denied the chance to reach their full potential because they don’t get an education or have the
freedom to make their own choices.

In disasters, conflicts and other humanitarian emergencies, children can become separated from their
families. Left without protection, they are easy prey for traffickers to exploit either by force or with false
promises.

Talking about the specific issue of child trafficking during emergencies, United Nations Secretary-
General Ban Ki-moon said: “Human traffickers prey on the most desperate and vulnerable. To end this
inhumane practice, we must do more to shield migrants and refugees (particularly young people, women and
children) from those who would exploit their yearnings for a better, safer and more dignified future."

TYPES OF CHILD TRAFFICIKING:

1. Involuntary Domestic Servitude
Domestic workers may be trapped in servitude through the use of force or coercion, such as physical

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(including sexual) or emotional abuse. Children are particularly vulnerable. Domestic servitude is
particularly difficult to detect because it occurs in private homes, which are often unregulated by public
authorities. For example, there is great demand in some wealthier countries of Asia and the Middle East
for domestic servants who sometimes fall victim to conditions of involuntary servitude.

2. Forced Child Labor

Most international organizations and national laws recognize that children may legally engage in light
work. In contrast, the worst forms of child labor are being targeted for eradication by nations across the
globe. The sale and trafficking of children and their entrapment in bonded and forced labor are clearly
among the worst forms of child labor. Any child who is subject to involuntary servitude, debt bondage,
peonage, or slavery through the use of force, fraud, or coercion is a victim of trafficking in persons
regardless of the location of that exploitation.

3. Child Soldiers
Child soldiering is a unique and severe manifestation of trafficking in persons that involves the unlawful
recruitment of children through force, fraud, or coercion to be exploited for their labor or to be abused as
sex slaves in conflict areas. Such unlawful practices may be perpetrated by government forces,
paramilitary organizations, or rebel groups. UNICEF estimates that more than 300,000 children under 18
are currently being exploited in more than 30 armed conflicts worldwide. While the majority of child
soldiers are between the ages of 15 and 18, some are as young as 7 or 8 years of age.

Many children are abducted to be used as combatants. Others are made unlawfully to serve as porters,
cooks, guards, servants, messengers, or spies. Many young girls are forced to marry or have sex with
male combatants and are at high risk of unwanted pregnancies. Male and female child soldiers are often
sexually abused and are at high risk of contracting sexually transmitted diseases.

Some children have been forced to commit atrocities against their families and communities. Child
soldiers are often killed or wounded, with survivors often suffering multiple traumas and psychological
scarring. Their personal development is often irreparably damaged. Returning child soldiers are often
rejected by their home communities.

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Child soldiers are a global phenomenon. The problem is most critical in Africa and Asia, but armed
groups in the Americas and the Middle East also unlawfully use children in conflict areas. All nations
must work together with international organizations and NGOs to take urgent action to disarm,
demobilize, and reintegrate child soldiers.

4. Sex trafficking and prostitution:

Sex trafficking comprises a significant portion of overall trafficking and the majority of
transnational modern-day slavery. Sex trafficking would not exist without the demand for commercial
sex flourishing around the world. The U.S. Government adopted a strong position against prostitution in
a December 2002 policy decision, which notes that prostitution is inherently harmful and dehumanizing,
and fuels trafficking in persons. Turning people into dehumanized commodities creates an enabling
environment for human trafficking.

The United States Government opposes prostitution and any related activities, including
pimping, pandering, or maintaining brothels as contributing to the phenomenon of trafficking in persons,
and maintains that these activities should not be regulated as a legitimate form of work for any human
being. Those who patronize the commercial sex industry form a demand which traffickers seek to
satisfy.

5. Children Exploited for Commercial Sex

Each year, more than two million children are exploited in the global commercial sex trade. Many of
these children are trapped in prostitution. The commercial sexual exploitation of children is trafficking,
regardless of circumstances. International covenants and protocols obligate criminalization of the
commercial sexual exploitation of children. The use of children in the commercial sex trade is prohibited
under both U.S. law and the U.N. TIP Protocol. There can be no exceptions, no cultural or socio-
economic rationalizations that prevent the rescue of children from sexual servitude. Terms such as
“child sex worker” are unacceptable because they falsely sanitize the brutality of this exploitation.

6. Child Sex Tourism

Child sex tourism (CST) involves people who travel from their own country—often a country where
child sexual exploitation is illegal or culturally abhorrent—to another country where they engage in

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commercial sex acts with children. CST is a shameful assault on the dignity of children and a form of
violent child abuse. The commercial sexual exploitation of children has devastating consequences for
minors, which may include long-lasting physical and psychological trauma, disease (including
HIV/AIDS), drug addiction, unwanted pregnancy, malnutrition, social ostracism, and possibly death.

Tourists engaging in CST often travel to developing countries looking for anonymity and the availability of
children in prostitution. The crime is typically fueled by weak law enforcement, corruption, the Internet, ease of
travel, and poverty. Sex offenders come from all socio-economic backgrounds and may in some cases hold
positions of trust. Cases of child sex tourism involving U.S. citizens have included a pediatrician, a retired
Army sergeant, a dentist, and a university professor. Child pornography is frequently involved in these cases,
and drugs may also be used to solicit or control the minors.

SIGN OF CHILD TRAFFICKING:

Knowing the signs of trafficking can help give a voice to children. Sometimes children won't understand
that what's happening to them is wrong. Or they might be scared to speak out.

It may not be obvious that a child has been trafficked but you might notice unusual or unexpected things. They
might:

 spend a lot of time doing household chores

 rarely leave their house or have no time for playing
 be orphaned or living apart from their family
 live in low-standard accommodation
 be unsure which country, city or town they're in
 can't or are reluctant to share personal information or where they live
 not be registered with a school or a GP practice
 have no access to their parents or guardians
 be seen in inappropriate places like brothels or factories
 have money or things you wouldn't expect them to
 have injuries from workplace accidents
 give a prepared story which is very similar to stories given by other children.

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EFFECTS OF CHILD TRAFFICKING:

 IMPACT ON EDUCATION

It is found in this study that most trafficked children were children from families with difficult economic
situations and had little opportunity for schooling or education. It is very common that a majority of them quit
schooling to work for their family’s survival. In the case of Cambodia, most children were from families in
which the fathers deceased during the Cambodian civil war. Before leaving the community of origin, migrant
children trafficked in all extreme forms of child labour in this subregion are largely have only primary
education or less. Many have never been to school. When they arrived in the destination country, their
education’s opportunity would reduce to none or nearly no chance to be schooling again. Very few may have a
chance to go to an informal school or a vocational school run by local NGOs working with illegal migrant
population.

The work environment at sex establishments is mostly that which restricts the development of one’s
mind. Girls trafficked into prostitution are very unlikely to be provided with enough time and encouraging
atmosphere to go to school, to study, or to develop other skills necessary for career change. Some girls managed
to practice their reading skill, but most of them did not. As a result, their future life and career are lined with
less opportunities compared to those who have access to education.

 IMPACT ON PHYSICAL AND MENTAL HEALTH

1. Child prostitute

Children in the sex industry generally have to service their customers on an average of 3 - 7 customers per
day. Some girls on high demand have to sometimes service even more 10 customers per day. Sex practices
engaged in were likely unprotected sex. Studies show that the higher the number of unprotected sexual
intercourse acts, the more risk of HIV infection and reproductive health morbidity. Trafficked victims are no
exception.

There were immeasurable consequences in prostitute girls. The vivid one is collapse of their physical and
mental health from STD and HIV infections. The HIV risk among prostitutes in Cambodia was high. According
to the Ministry of Health report, in 1996 in Cambodia, 40 per cent of 50,000 prostitutes were HIV infected. It
was the highest rate in the South East Asia.

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Trafficked victims usually reported abnormal bleeding during sexual intercourse, mal-practice of
contraceptive methods, and no access to health information and care. One girl said she used contraceptive
injection since she was 14 years old when she had her first menstruation. Although further research to
understand potential incomplete development of breasts, uterus, and other reproductive health organs as a result
of mal-practice of contraceptives is needed, the assumption can be hypothetically predicted to be true.

Besides being pressured in violent work conditions and punishment, due to their illegal status, the children
also developed fear against strangers and authorities. Some children get phobia of noisy places. Some cannot be
among crowds of people. Some girls hate men due to their experience of being raped and forced into
prostitution. Many children were trafficked as a result of civil wars in some Mekong basin countries. For
example, after a sere of wars against the Myanmar Military Government, Karen families broke down, male
family members deceased as a result of the war, and women and children had to flee their homeland, and finally
became easily victimized by trafficking networks.

Mental impacts on children in prostitution usually present in emotional scars in their lives. Trafficked
victims in the sex trade realize how they are viewed in the society. They usually develop ways to cope with
such low self-esteem. Some of them became either aggressive or too fragile, very pessimistic, and addicted to
drugs and gambling. Some tell lies about their career and develop deep distrust in people, especially in men.
The following testimony about long term impact on the former victims of child trafficking into sex trade given
by her close friend portrays how deeply, physically and mentally painful one has to face as being a prostitute.

2. Child beggary

Beggar children were found to be aggressive. This could be the result of being forced by their superiors to
beg for money and being beaten when daily quotas were not met. Such an environment led the children to learn
aggressive survival skills to protect themselves. As a result, the children were treated with no respect, were not
welcomed, and were considered sociopaths. Because of the behaviors, the children were often placed into worse
environments and not given a chance to be accepted in a society. The beggar children are also easily to be
arrested as they have to beg money or solicitate things on the street or in the public areas. Many of them are
experienced of being detained many times. Detention for a long period or many times also disempowers the
children.

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3. Migrant children in extreme forms of child labour

Since countries in the Mekong basin restrict job recruitment of children under the ages between
13-18 years old depending on each country, and because trafficking in children is unlawful, businesses
which use child labour, especially trafficked child labour, have to perform their businesses underground
and uninspected by authorities. These businesses usually offer no welfare facilities to the migrant
children. They are found to be subjects of verbal, physical and mental abuses instead. Furthermore, the
work conditions are usually notorious for the children’s dire health and safety hazards which have
certainly affected their physical and mental development as discussed in Chapter 6. The conditions
which have gradually contributed harmful effects on the children’s health include the work which is
generally monotonous and repetitive in nature, the work in stifling heat, in restricted space and bad body
positions, in noisy and badly ventilated places, in damp and unhygienic surroundings, and in an
atmosphere contaminated with dust or gases or dangerous chemicals.
Frequently, it is the long term effects from continuously working beyond their strength and
having improper food that damages their physical development. Children at work are usually not treated
with respect, are punished, abused, and humiliated. A 13 year-old Burmese girl was reported being
rescued from a factory (reported by the Centre for the Protection of Children's Right - CPCR). The girl
revealed a story of her employer pouring boiling water on her which left her with badly scalded all over
her shoulder and back. Although she has now recovered from physical pain, the scars remain and they
will distress her self-esteem for the rest of her life.
 IMPACT ON AIDS EPIDEMICS
Migrant girls in sex business generally lack access to health information and health services.
They are at more risk of STD and HIV infections, and have in fact increased the STD and HIV
prevalence upon their return to the communities of origin. The communities themselves are also not yet
equipped with either knowledge or strategies to combat the bio-medical and social problems related to
HIV/AIDS. The trafficked victims living with HIV or with AIDS are therefore left abandoned with no
knowledge and information with which to take care of themselves and to prevent others who have come
to sexual contact with them. In most cases, repatriated trafficked victims with HIV are blamed and not
provided decent support, especially emotional support.

PREVENTION OF CHILD LABOUR:

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 FOSTER THE SPREAD OF EDUCATION

India has the world's biggest education system, yet sees low literacy due to poor enrolment and high
dropout rates - resulting in people having low self-esteem and lack of opportunities. Uneducated parents are
easily convinced by conmen to give them a better life in the city (a very common ruse for trafficking). 
Educated children and their families are much more aware, alert and mature, and they can comprehend the risks
of child trafficking quite well. Compassionate and understanding teachers guide children and parents to find
opportunities for higher growth and employment, creating a community driven by ambition where traffickers
cannot thrive.

 SPREAD AWARNESS AMONG PARENTS AND COMMUNITIES

Lack of awareness can create situations that traffickers can exploit. A lot of India’s poor children find
themselves trapped in substance abuse which can further lead to them getting trafficked. Educated communities
are capable of understanding, and effectively responding to the various ways traffickers source children. Aware
of their rights as Indian citizens, and opportunities for growth, education, employment, and enterprise, these
communities can stand strong. Community events, using sports, arts and theatre are being used by civil society
to educate communities about vital services as well as opportunities they can explore. Grassroot activism assists
communities to fight poverty and exploitation, the basis of trafficking. NGOs like Save the Children are
empowering communities by creating income resources, educational resources, and enabling them to get access
to information services.

 STRICT LAWS IN PLACE TO PREVENT CHILD TRAFFICKING

Effective policymaking is critical to reform. NGOs like Save the Children constantly research,
document, and showcase findings of the need for reforms and engage with various government agencies, urging
them to have better legislation in place for tackling child trafficking. Many cases have been filed under the
recent Protection of Children Against Sexual Offences Act (2012) and Immoral Traffic (Prevention) Act, which
have successfully translated in increased convictions, demonstrating how legislating can curb child trafficking.

 ENCOURAGING BUSINESS NOT TO USE CHILD LABOUR

An ecosystem for child trafficking gets silent approval when demand for child labour is commonly used
in businesses like retail, hospitality, etc. NGOs have established a dialogue to sensitise trade organisations to

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end this social evil that will save them a few rupees. At the same time, locals have been made vigilant to report
instances of child labour at businesses, so that it is actively discouraged.

LEGAL FRAMEWORKS ON CHILD TRAFFICKING:

There are a number of international conventions and instruments which have been enacted to counter
trafficking in human beings and measures for its eradication. Some of the most important documents regulating
the problem of trafficking in children are:

Convention on the Rights of the Child

The united nation’sConvention on the Rights of the Child is the most important and dynamic tool for the
promotion and protection of child rights. The Convention guarantees the right to survival and development of
the children, as well as protection from all forms of neglect, abuse and exploitation.

This includes, in the first place, the right to be accommodated in shelters and have access to health and
educational institutions.

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and
Child Pornography (2000)

The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography supplements the Convention on the Rights of the Child in which prostitution
and the trade in children are explicitly deemed violations of the rights of the child.

Convention on the Worst Forms of Child Labour

The International Labour Organisation Convention no. 182 on the Worst Forms of Child Labour outlines four
worse forms of child labour abuse which are:
1.All forms of slavery or slavery-like services, like sales and trade of children, debt bondage and servitude, as
well as forced and compulsory work, including forced and coerced recruitment of children to be involved in
armed conflicts;
2.Use, delivery and offer of a child for prostitution, production of pornographic materials or participation in
pornographic performances;
3.Involvement of children in illicit activities like production and sale of drugs, as defined in the relevant
international agreements;

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4.Any work that by its nature or circumstances in which it is performed is damaging for the health, security or
moral of a person under the age of 18 years3

As is seen the Convention contains rules for the efficient elimination of trafficking in children and
recommendations to undertake measures for the protection of potential child victims of trafficking. In
Convention no. 182 (Article 3a) trafficking of children is listed as one of the worst forms of child labour. This is
an issue which has received considerable attention in development policy and practice. In relation to children,
anti-trafficking efforts revolve predominantly around discouraging or removing children from migration.

UNICEF and UNODC Efforts in Preventing and Combating Child Trafficking in India

Different United Nations agencies have done commendable work in the arena of preventing and
combating child trafficking world over. The efforts of UNICEF and UNODC towards fighting this menace in
India deserve special mention in this context.

UNICEF is guided by the Convention on the Rights of the Child (CRC), which has been ratified by most
countries. The UNICEF strategy for addressing child trafficking focuses on four main areas: Raising awareness
about the problem; providing economic support to families; improving the access to and quality of education
and; Advocacy for the rights of the child.

The implantation of the Integrated Child Protection Scheme (ICPS) newly launched by the Government
of India is supported by UNICEF so as to create a protective environment for children through the improvement
and expansion of services for children in need of care and protection and children in conflict with the law under
the provisions of the Juvenile Justice Act and related legislation4.

Legal Framework to address Child Trafficking in India

Article 23(1) of the Indian constitution specifically prohibits trafficking in human beings.

Also Article 24 prohibits all forms of forced labour and provides that no child under the age of fourteen can be
employed in any factory or mine or in hazardous work.

The Immoral Traffic (Prevention) Act, (ITPA) 1956 states about trafficking and its objective is to
abolish trafficking of child girls for the purpose of prostitution by an organized means of living. The offences
3
International labour organisation,” Convention on the Worst Forms of Child Labour (No. C182)
1999,http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C182 (last visited on Nov. 6,
2016).
4
 UNICEF, Child Protection in India, unicef.in/Story/190/Child-Protection-In-India (last visited on Dec.9, 2016

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specified in the Act are procuring, including or taking persons for prostitution; detaining a person in premises
where prostitution is carried on; prostitution is or visibility of public places; seducing or soliciting for
prostitution; living on the earnings of prostitution; seduction of a person in custody; and keeping a brothel or
allowing premises to be used as a brothel.

The Child Labour (Prohibition and Regulation) Act, 1986  prohibits employment of children in
certain specified occupations and also lays down conditions of work of children.

The Information Technology Act, 2000 states about penalty for publication or transmission in
electronic form of any material which is lascivious or appeals to prurient interest or if its effect is such as to
tend to deprive and corrupt persons to read, see or hear the matter contained or embodied therein.

Special Services for Child Victims of Trafficking in India

A child line 1098 is operated nationwide and 24 hours to provide assistance to children in need of help
but it is not specialized to offer appropriate support for child victims of trafficking.State established Shelters:
Government shelters are working closely with non-governmental organisations and the Child Welfare
Committees to improve the care standards in these institutions, but significant improvements are still necessary.

Medical Services offered to child victims of trafficking: In general medical services are available for all
children who require special care and attention, including child victims of trafficking although they are not seen
or recognized as a different category of children in need.

CONCLUSION:

Psychology could play vital role in recovery and healing the mental health of victims. The victims need
to undergo proper healing process in the rehabilitation centres. The victims once rescued should be nurtured
with love and care by the communities. The victims should be reunited with their families.

The consequences of child trafficking are dreadful. Improving and implementing prevention programs is
critical. Creating awareness and educating people is vital. Forming different strategies and executing them to
eliminate child trafficking groups and criminals should be a constant effort made by government with the help
of society.

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REFERENCE:

1. United nations human rights, Convention on the Rights of the Child

http://www.ohchr.org/en/professionalinterest/pages/crc.aspx (last visited on Nov. 5, 2016).
2. International labour organisation,” Convention on the Worst Forms of Child Labour (No. C182)
1999,http://www.ilo.org/dyn/normlex/en/f?
p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C182 (last visited on Nov. 6, 2016).
3. UNICEF, Child Protection in India, unicef.in/Story/190/Child-Protection-In-India (last visited on
Dec.9, 2016
4. “Anti-Child Trafficking Interventions In India: Ground Realities”: Dr. Ruma Bordoloi, Principal, NEF
Law College, Guwahati, Assam. & Manashi Neog, Assistant Professor, Assam Rajiv Gandhi University
of Cooperative Management, Assam.
5. https://www.indiacelebrating.com/essay/child-trafficking-essay/ ]

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