Child Trafficking and Permanency Planning HAQ: Center for Child Rights B1/2, Ground Floor, Malviya Nagar New Delhi - 110017 Tel: +91-26677412,26673599 Fax: +91-26674688 Website: www.haqcrc.org FaceBook Page: https://www.facebook.com/HaqCentreForChildRights

1. Child Trafficking and
Permanency Planning
Presentation by Bharti AliPresentation by Bharti Ali
HAQ: Centre for Child Rights
208 Shahpurjat, New Delhi – 110049
Tel: +91-11-26490136
Telefax: +91-11-26492551
E-mail: haqcrc@vsnl.net
Website: www.haqcrc.org

2. Crimes Against ChildrenCrimes Against ChildrenCrimes Against ChildrenCrimes Against Children –––– IndiaIndiaIndiaIndia

3. Kidnapping/Abduction of Children (below 18Kidnapping/Abduction of Children (below 18Kidnapping/Abduction of Children (below 18Kidnapping/Abduction of Children (below 18
years) that qualify as Child Traffickingyears) that qualify as Child Traffickingyears) that qualify as Child Traffickingyears) that qualify as Child Trafficking

4. Every year, on an average, 22,480 women and 44,476
children are reported missing in India. Out of these, an
average of 5,452 women and 11,008 children remain
untraced. The National Human Rights Commission’s
Action Research on Trafficking in Women and
Children in India (2002-2003) indicates that many of
the missing persons are not really missing but arethe missing persons are not really missing but are
instead trafficked.
_________________________________________________
Source: http://www.indiatogether.org/2004/oct/hrt-traffic.htm [A Report on Trafficking in Women
and Children 2002-2003, Volume 1, Chapter 14 pp 203-217. NHRC, UNIFEM and ISS Project and
Malvika Kaul, Young flesh in the trade, October 2004, New Delhi (WFS)]

5. Most victims of trafficking in human beings are children
and young persons below the age of 18 years
Both girls and boys are trafficked depending upon the
purpose of trafficking
It goes without saying that girls are more vulnerable than
boys
Often the purpose of trafficking also determines the age-
specific demand for children

6. Often, the same child is prone to
malnutrition and illness, deprived of early
stimulation, is out of school and morestimulation, is out of school and more
likely to be abused and exploited

7. As a nation we love our children, yet
children continue to suffer
There are several efforts being made by
governments and NGOs alike, yet childrengovernments and NGOs alike, yet children
continue to suffer… in fact the numbers
only seem to be increasing!

8. Why Are Children Trafficked?Why Are Children Trafficked?Why Are Children Trafficked?Why Are Children Trafficked?
Globalisation and Liberalisation leading to:
Increased Poverty
Greater Food Insecurity
Disintegration of the rural communities
Forced and Illegal Migration
Consumerism
Unchecked growth of tourism industry
Unchecked growth in the information technology sectorUnchecked growth in the information technology sector
Displacement/forced evictions due to development initiatives
Anti-people and anti-child policies
Failure of traditional coping systems
Lack of essential services and chronic imbalances in access to services and opportunities
Rights abuses
Natural Calamities, Ethnic and Communal Strife leading to:
Refugee Status or Statelesssness
Homelessness

9. Cultural norms, traditions, beliefs and attitudes leading to:
Gender bias
Illiteracy and ignorance
Obscure beliefs like ‘sex with virgin’ will cure STDs and sexual
dysfunctions etc.
Children are not seen as individuals with rights. As a result:
Children’s basic rights are abused and neglectedChildren’s basic rights are abused and neglected
Children are the easiest targets for trafficking
Children are not involved in decisions affecting their life
They are treated as extensions of parents
Child Trafficking is a lucrative trade
Lack of comprehensive legal framework and weak law enforcement
Lack of political will

10. Addressing the problem
What are we really concerned about?
Is it how to stop child trafficking or how to guarantee
children their right to protection?
Can we address child trafficking without addressing theCan we address child trafficking without addressing the
larger question of child protection?
Is it the symptoms that bother us or are we also concerned
about what leads to the problem – the root cause(s)?
These are some questions we must ask!

11. State Civil Society Groups
GlobalisationGlobalisation Unfair PoliciesUnfair Policies
MigrationMigration DisplacementDisplacement
UnemploymentUnemployment IlliteracyIlliteracyUnemploymentUnemployment IlliteracyIlliteracy
PatriarchyPatriarchy Gender BiasGender Bias
ConflictConflict ViolenceViolence
Any Initiative

12. Initiatives must be directed atInitiatives must be directed atInitiatives must be directed atInitiatives must be directed at
BUILDING A PROTECTIVEBUILDING A PROTECTIVEBUILDING A PROTECTIVEBUILDING A PROTECTIVE
ENVIRONMENT FORENVIRONMENT FORENVIRONMENT FORENVIRONMENT FOR
CHILDRENCHILDRENCHILDRENCHILDREN
This calls forThis calls forThis calls forThis calls for
Permanency PlanningPermanency PlanningPermanency PlanningPermanency Planning

13. WHAT IS PERMANENCYWHAT IS PERMANENCYWHAT IS PERMANENCYWHAT IS PERMANENCY
PLANNNING?PLANNNING?PLANNNING?PLANNNING?
It is a rights-based approach to the fight against child trafficking.
It is about initiatives that aim at a sustainable impact on children and
their communities.
It is about measuring the child impact of all policy and programmingIt is about measuring the child impact of all policy and programming
for political, economic, social and cultural development.
It is about adopting strategies that link up and address the root
causes.
It implies successful integration of survival, development, protection
and participation actions.

14. Permanency Planning should not be a post-harm
strategy. It has to deal with children who have been
harmed as well as those who may not have suffered
violence, separation from family, abuse and/or
exploitation, but need to be protected in order to
ensure that they remain within the social security and
protective net.
It is therefore about preventing harm and separation ofIt is therefore about preventing harm and separation of
children from their family/community
&
about protecting children and maintaining the continuum
of care in all situations

15. Increasing economic opportunity and removing barriers
to economic success, along with counseling, medical and
nutritional assistance, parenting training, income
generation and other supports for maintaining stable
families and a healthy community, play an important role
in permanency planning.
And so does linking with movements and campaignsAnd so does linking with movements and campaigns
against globalisation, unfair trade policies, agricultural
policies that are anti small and marginal farmers, labour
laws and policies that are anti unorganised sector
workers, privatisation of basic services such as health,
etc.

16. Unfortunately, most measures supported so far in India to address
trafficking through permanency planning are limited to care and
protection of children post-harm and at best adopt awareness
generation as a preventive action.
Moreover, in adopting such measures, the life-cycle approach is
missing. While all children have equal rights, their situations are not
uniform. At the same time, childhood and the range of children’s
needs and rights are one whole, and must be addressed holistically.
Integration issues arise during consideration of almost every issueIntegration issues arise during consideration of almost every issue
facing children today. In education, sexual abuse and violence in
schools can be a hidden factor behind low retention rates. In health,
violence can be behind many of the unexplained injuries that are
dealt with by health services, or even the cause of longer-term
disability. These links have to be recognized to ensure a holistic
approach to child rights, particularly children’s right to protection.
It should not be ‘Permanency Planning for a child’; rather, what is
needed is ‘Permanency Planning for child rights, particularly child
protection’

17. SAARC CONVENTION ON PREVENTINGSAARC CONVENTION ON PREVENTINGSAARC CONVENTION ON PREVENTINGSAARC CONVENTION ON PREVENTING
AND COMBATING TRAFFICKING INAND COMBATING TRAFFICKING INAND COMBATING TRAFFICKING INAND COMBATING TRAFFICKING IN
WOMEN AND CHILDREN FORWOMEN AND CHILDREN FORWOMEN AND CHILDREN FORWOMEN AND CHILDREN FOR
PROSTITUTIONPROSTITUTIONPROSTITUTIONPROSTITUTION
Article 7Article 7
The State Parties to the
Convention shall endeavour to focus
preventive and development efforts in
areas which are known to be source areas
for trafficking

18. In South Eastern Europe, the Stability Pact Task Force (SPTF)
on Trafficking in Human Beings, launched in September 2000,
provided the Regional framework to prevent trafficking in its
‘National Programmes to Combat Trafficking in Human Beings
(National Plans of Action) Background Paper ‘.
According to this paper, the broad area of prevention includes
both prevention and awareness raising – both of which should
be understood primarily as addressing the root causes ofbe understood primarily as addressing the root causes of
trafficking
SPTF pointed out that it was never able to engage in the
development or implementation of prevention programmes.
The main reason for this was the lack of donor interest in
financing the prevention programmes proposed by the
international organisations co-operating with the SPTF (e.g.
UNOHCHR, UNICEF, IOM).

19. The Recommended Principles and Guidelines on Human Rights and Human
Trafficking developed by UNOHCHR in 2002 proposed a broader
understanding of prevention and awareness raising than the SPTF
Guidelines
The OHCHR Guidelines include not only interventions addressing the
factors that increase vulnerability to trafficking, such as inequality, poverty
and all forms of discrimination, but also advocate for the adoption of
activities that address demand as a root cause of trafficking and public-sector
involvement or complicity in trafficking
The UNODC goes a step further in its Protocol on Trafficking in Persons
Amongst other things, Article 9 of the Protocol calls for measures to protect
victims from being trafficked again and other forms of revictimization
The Protocol also seeks to prevent trafficking by requiring measures
intended to make it more difficult for traffickers to use conventional means
of transport and entry into States by requiring States parties to ensure that
passports and other travel or identification documents - Articles 11 to 13

20. in India, EFFORTS AT Permanency
Planning for Children haVE failed
This is because –
Prevention has received very little attention. Linking up with
livelihood issues of the vulnerable communities as a strategy
to deal with child trafficking is far from reality.
Although globalisation and liberalisation seem inevitable,Although globalisation and liberalisation seem inevitable,
demand for policies and action that is pro-poor, initiating
campaigns and linking up with movements that attack
government’s anti-people policies has not formed part of the
rights based approach of permanency planning.
The demand side is seldom addressed.
Corruption in the border police and immigration department
is a greater threat.

21. Other problems include -
There is no uniform definition of the ‘child.
This not only affects planning and programming for
children but also leaves many of their problems
unaddressed and leads to or perpetuates discrimination
between children.
India has failed to ensure for children even the
basic civil rights and freedoms that citizens of
India has failed to ensure for children even the
basic civil rights and freedoms that citizens of
a democratic country are entitled to enjoy.
In the face of inadequate registration of births and
without proper enumeration of children, the cycle of
denial of rights of children who figure no where is
inevitable.
Poor implementation of the existing laws only
worsens the situation.

22. Rehabilitation & Reintegration remains a
Challenge
All existing schemes for rehabilitation of trafficked
victims are about women and girls trafficked for
prostitution
Re-trafficking as an issue has not been addressed by
any of the existing rehabilitation programmes
Community rehabilitation is yet to be understood and
applied properly
Institutional mechanisms are inadequate

23. Prosecution Of Offenders is Poor
The absence of a legal definition of human trafficking
and a law to deal with all forms of trafficking
continues to affect prosecution of traffickers
Another critical reason for poor rate of prosecution ofAnother critical reason for poor rate of prosecution of
offenders is lack of victim protection and witness
assistance
Besides, unfriendly court procedures and delay in
trials add to the problem

24. Government of India Admits …Government of India Admits …Government of India Admits …Government of India Admits …
There is Lack of qualitative and quantitative
data on:
Children in need of care & protection
Children in conflict with law
Institutional and Non-Institutional Care system
Standards of care are not established and
implemented
Standards of care are not established and
implemented
Infrastructure and Services are Inadequate
There is lack of non-institutional and family
based care system for children

25. Utilization of resources is skewed in terms of
geographical spread;
There is lack of coordination and convergence of
programmes/services;
There is inadequate emphasis for reintegration and
restoration to families for rehabilitation;restoration to families for rehabilitation;
Budgetary allocation for child protection is inadequate;
Training and capacity building of functionaries
responsible for child protection is inadequate.

26. CHILD ISSUES FAIL TOCHILD ISSUES FAIL TOCHILD ISSUES FAIL TOCHILD ISSUES FAIL TO
BECOME A PRIORITY…BECOME A PRIORITY…BECOME A PRIORITY…BECOME A PRIORITY…
In the year 2005 only 2.45 percent of the total questions
raised in the Parliament were related to children
(802/32,720)
Only 9 questions (0.03 percent) were on child traffickingOnly 9 questions (0.03 percent) were on child trafficking
Of every 100 Rupees budgeted in the 2006-07 Union
Budget, only Four Rupees and Ninety-one Paise was for
the over 440 million children of the country
The share of child protection was the least - only Three
Paise