Women & Child Trafficking

1. Women & Child Trafficking

2. What is Human Trafficking? Human trafficking is the illegal trade in human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery such as child labor / servitude, serfdom, debt bondage, forced labor, forced marriages and sale of wives.

3. Dimensions of Human Trafficking • Human trafficking - third most profitable illicit trade, after that of arms and drugs • Generates about US$ 217 billion in revenue, annually, - linked to other organized crimes - human smuggling, drug trafficking, and money laundering • ILO - there are 2.45 million trafficking victims currently under exploitative conditions - estimated that another 1.2 million persons are trafficked annually

4. Trafficking network web…

5. “Push-Pull” factors • Large supply of potential victims: • Economic difficulties, lack of employment opportunities, poverty, illiteracy, lack of awareness • Growing demand for women and children for sex trafficking / forced/ exploitative labour • Organized criminal networks exploit supply and demand situation: • Trafficking in persons is regarded as a high profit – low risk crime

6. Purpose of Women & Child Trafficking – The various forms it takes • Sexual Exploitation ¤ Forced prostitution ¤ Sex tourism ¤ Pornography • Illegal Activities ¤ Begging ¤ Organ trade ¤ Drug peddling and smuggling • Labour ¤ Bonded labour ¤ Domestic work ¤ Agricultural labour ¤ Construction work ¤ Carpet industry, garment industry • Entertainment, Sports, Adoption, Marriage

7. Who might be the traffickers? They may be in the form of syndicates, family/friends/community network • Family - ¤ Parents ¤ Relatives ¤ Husband • Community - ¤ Friends, ¤ School teachers ¤ Local politicians, ¤ Villagers and village headmen, ¤ Unemployed adults who become agents in flesh trade as they find it a lucrative business ¤ Temple priests in case of prostitution with religious sanction • Organised Crime Syndicates - ¤ Employment agents ¤ Local criminal nexus ¤ Corrupt officials, including local police, border police, officials on duty at the airport, passport officials etc.¤ Traffickers operating as social workers ¤ Government and non-governmental institutions such as children’s homes, crèches etc. ¤ Pimps ¤ Women who are already in the flesh trade ¤ Brothel owners ¤ Customers/clients of prostitutes ¤ Tourists and travel agencies ¤ Labour contractors

8. Legal instruments – International • The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979 • Convention on the Rights of the Child, 1990 • United Nations Convention Against Transnational Organized Crime, 2000 – Palermo Convention • Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 2002 • Protocol Against the Smuggling of Migrants by Land, Sea and Air, 2002 • The ILO Convention on the Worst Forms of Child Labour, 1999 (No. 182) • Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2002

9. Legal instruments – Regional • SAARC Convention on Preventing and Combating the Trafficking in Women and Children for Prostitution, 2002 • SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia, 2002

10. Legal instruments – India • The Constitution of India, 1950 • Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA) • The Immoral Traffic (Prevention) Act, 1956 • The Probation of Offenders Act, 1958 • The Indecent Representation of Women (Prohibition) Act, 1986 • The Child Marriage Restraint Act, 1929 • The Prohibition of Child Marriage act, 2006 • The Criminal Law Amendment Ordinance, 1944 • The Young Persons (Harmful Publications) Act, 1956 • The Bonded Labour System (Abolition) Act, 1976 • The Child labour (Prohibition and Regulation) Act, 1986 • The Indian Evidence Act, 1872 • The Transplantation of Human Organ Act, 1994 • The Information Technology Act, 2000 • The Juvenile Justice (Care and Protection of Children) Act, 2000 • Andhra Pradesh Devadasi (Prohibiting Dedication) Act, 1989 • Goa’s Children’s Act, 2003 • The Indian Penal Code, 1860

11. Institutional Mechanisms – National level • The National Commission for Women (NCW) • The National Human Rights Commission (NHRC) • The National Commission for Protection of child rights • The Central Advisory Committee (CAC) for preventing and combating trafficking of women and children for commercial sexual exploitation The sate government also have such institutional mechanisms at state level

12. Policies and Protocols • Integrated plan of action to prevent and combat human trafficking with special focus on child and women • The National plan of action for children 2005 • National policy for empowerment of women 2001 • Protocol for pre-rescue, rescue and post rescue operations of child victims of trafficking • Protocol on prevention, rescue, repatriation and rehabilitation of trafficked and migrant child labour • Protocol on inter state rescue and post rescue activities relating to trafficked persons

13. Govt. of India initatives • Launched schemes like ‘Ujjawala’, Swadhar/short stay homes, child line services, Integrated child protection scheme, National child labour project scheme and economic empowerment schemes like SGSY, MNREGA, SGRY etc.. • Training and capacity building for stakeholders and gatekeepers • Anti trafficking Nodal cell • Anti human trafficking Units (AHTUs)

14. Major Gaps / Challenges Government Interventions: • Severely flawed Legal Framework • State Governments not Utilizing ITPA • Poorly resourced Protection Homes • Plethora of Laws leading to confusion between judiciaries & law enforcement • Fragmentation of Efforts due to vested interests across several departments • Courts overloaded with criminal cases / Lack of special courts • Insufficient Penalties / Punishments for traffickers • Majority of Govt. initiatives focus on Prevention & Protection • Lack of assessment of trafficking cases resulting into punishment of victims • Lack of compensation packages

15. Major Gaps / Challenges Non-Government Interventions: • Lack of coordination amongst NGOs & HT Networks • Insufficient documentation for actual status of Human Trafficking • Lack of funding • Fewer trained Experts on the subject • Coordination with Government • Prosecution last priority for NGOs as well as Donors

16. How do we address human trafficking? • Women and Child friendly border management – Life Guard Center in coordination with SSB/ Facilitating safe and informed migration • Strengthening the law enforcement response against trafficking through training and capacity Building • Regional Anti human trafficking Network (CBATN)- to facilitate rescue, repatriation and reintegration and follow support for trafficked survivors • Sensitization and capacity building of media, judiciary, parliamentarians, and interfaith groups • Recruitment Agencies network to safe guard rights of migrants • Livelihood development programs for at risk groups

17. Major Activities Monitoring mechanisms at un manned routes • to (a) encourage and strengthen public action & participation (b) monitor the violence situation and take civil actions, (c) rescue deceived/forced migrants Community based intervention for high risk groups • Youth development network in villages for safeguarding the rights of children. • Generating self employment among women through Agri-based enterprises, microfinance etc. • Improving access to Govt. schemes & programs • Building community based monitoring mechanisms, especially related to women and children

18. Major Activities Rights based booth - To facilitate safe and informed mobilityand combat human trafficking • Counseling of migrants on human trafficking, migrant rights, safe migration channels. • Promoting safe remittance (Indo-Nepal remittance scheme) • Providing information about the destination areas, service providers and entitlements • Support for those who are trafficked under the shadow of migration. • Repatriation of identified apparent victims in coordination with Nepal administration and Indian administration • Facilitating right based repatriation of apparent victims.

19. Major Activities Media coalition • To visualize migrant rights violation and advocate for migrant friendly policies Cross border governance • Building positive partnerships to augment and reinforce the ongoing efforts of different stakeholders Joint initiative by MSS/CBATN – SSB in migration management • Partnership with SashastraSeema Bal (SSB) in Indian side of the border to facilitate migrant and victim friendly border management

20. Major Activities • SSB is supporting MSS at 4 Border Out-Posts of Sonauli, Thoothibari, Aligadawa, and Badhni with counseling of cross border Migrants and Rescue, Rehabilitation and Repatriation of apparent victims of human trafficking. • SSB is distributing IEC materials developed by MSS to cross border migrants through its 12 border check posts.

21. Right Based Booth: NGO/Police model Outreach volunteers engaging with vulnerable migrants 28 cases registered under IPC, CLPA 1986 & ITPA 1956 against traffickers

22. Major Activities Regional parliamentarian/legislatives forum • to integrate voice of migrants/victims in their agenda Coalition of Recruitment Agencies • For prevention of Illegal Migration Strengthening civil society organizations • to address unsafe migration and human trafficking

23. The question is no longer: What can be done about human trafficking but rather how we can do more and do it better. There is no time to lose or waste” THANK YOU For more information log on to www.manavsevaindia.org or write to us at manavseva@vsnl.com