The actors

1. Child trafficking for exploitation in begging and criminal activities: Challenges and contentious issues CBSS – Child Centre Roundtable MeetingVilnius, 29 November 2012Daja WenkeIndependent Researcher and Consultant Child Rights / Child Protection

2. The actors • Children • Social services / child protection services • Police • Prosecution • Immigration authorities, judiciary, consular offices, et al. • Individual perspective and strengths of each actor • Maximum realisation of potential through mutual trust, cooperation and common commitment • Cooperation guided by a child rights-based approach: The child at the centre

3. The definition • Elements of international definition are reflected in national law • Element of ‘force’ is still considered a central aspect • Limited scope of the forms of exploitation in some countries: ‘forced labour’ • Inconsistencies within the national laws • Difficult to apply the ‘irrelevance of consent’ in practice • Challenge of identifying child trafficking cases in absence of physical force or violence • Different interpretations by service providers and law enforcement

4. The concept of exploitation • Inconsistent laws to prohibit all forms of exploitation of children (CRC Art. 32-36) • Some forms of exploitation can be prosecuted only when they constitute trafficking (esp. exploitation in begging and criminal activities) • No guidance on how to identify exploitation • Difficult to understand exploitation when there is no physical violence involved • Response to child trafficking cases is prioritised over general response to exploitation • Children who are exposed to exploitation that is not identified as trafficking may remain unprotected

5. The perception of a ‘victim’ • Stereotype perceptions of a ‘victim’ strongly guide the identification and related proceedings: • Experience of extreme violence • Behaviour • National and ethnic origin • Gender • Age • Important to overcome stereotypes • Understanding ‘victim of crime’ as a legal concept • Standards and guidelines by the UN, Council of Europe, EU • Put in place broader responses for all child victims of crime • Recognise the agency and evolving capacities of the child

6. Support and assistance • Strongly built on ‘categorisation’ of children • Child needs to ‘fit’ into existing systems: child protection, asylum • Many unresolved questions in offering support and assistance for children exploited in begging and criminal activities • Challenge of building trust • Close cooperation between law enforcement and social services • Access to independent information and legal advice • Need to define how to work with closed institutions • Need to offer role models and life perspectives outside of criminality and street life • Longer term follow-up, including for young adults • Strengthen preventive services for children and families on the move

7. The right to non-discrimination • The status of the child and the perception of a victim have a strong impact on rights and entitlements • There is a risk that responses to child trafficking in law, policy and practice set up a system of identification, referral and assistance that is exclusive and potentially discriminatory •  Measures to address child trafficking need to become more inclusive

8. The best interests of the child • Assessing and determining the best interests of the child • Different rights of the child may appear to be in conflict • Different standards in countries of destination and origin • Involvement of parents or community members • The interests and needs of the child, law enforcement and social services may appear to be in conflict • Safeguard the best interests of the child when there is no criminal case • Cross-sectoral cooperation in best interests assessments • Transnational cooperation in best interests assesssments • Holistic approach • Consolidate existing tools for maximum quality standards

9. The right to be heard • Listen to children and take them seriously • Understanding the difficulty to disclose • Communication in a language that the child understands • Qualified interpreters that the child feels comfortable with • Language that is sensitive to the age and maturity of the child • Take time to explain • Cultural mediators • Qualified interviewers • Children’s House model for forensic interviews: extend the practice to all child victims

10. Cross-sectoral cooperation • Cooperation between law enforcement and social services is critical for addressing child trafficking: • Identification • Investigation • Building trust • Safeguarding the child’s right in legal and administrative proceedings • Security • Institutionalise cross-sectoral cooperation mechanisms at the local level • Involve other sectors as well: Immigration authorities, health professionals, private sector, et al. • Recognise strengths and limitations of each sector

11. Transnational child protection • There are well-established bilateral and multi-lateral cooperation mechanisms in the area of law enforcement and the asylum reception system • Bilateral contacts between child protection authorities are less organised and often ad hoc, depending on the initiative of individual officials • Connect national child protection systems across borders • Strengthen the competence to handle transnational child protection issues at local level • Access to centralised technical expertise • Consider creating national central authorities or focal points

12. Towards a child rights-based approach • The focus on identification of the status of a victim of trafficking seems to override a broader child rights-based assessment • Other infringements against the rights of the child are not necessarily considered • This appears to concern primarily non-national children A child rights-based approach ... • Is based on the CRC and its general principles • Recognises that child trafficking is inter-linked with other child rights and protection concerns • Prioritises the individual case and needs assessment over ‘categorisation’ and regardless of the child’s status

13. Implementation into practice • The national laws, structures and systems are not perfect but offer a wide range of action • Ensure that national laws are effectively applied and implemented into child rights practice • Need for more preventive action: national / regional • Challenge existing systems: Innovation through structural change combined with mindset change • Child rights-based and investment approach for social cohesion, development and nation building

14. Thank you!Daja WenkeIndependent Consultant and Researcher, Child Rights / Child Protection dajawenke@gmail.com