1. 1 www.ilo.org/ipec International Programme on the Elimination of Child Labour Vera Paquete-Perdigão ILO/DWT/Dakar Combating child trafficking for labour exploitation

2. 2 www.ilo.org/ipec International Programme on the Elimination of Child Labour Outline I. Definition of child trafficking in labour context; [ how the ILO perceives it? The core elements: recruitment, movement and exploitation] II. Understanding the root causes [The nature of child trafficking; what its entails?] III. Relevant ILO instruments [C 182, 138 and others but focus on 182] IV. International, Regional and National responses [US TIP reports, anti trafficking laws, ECOWAS protocol] V. Good practices

3. 3 www.ilo.org/ipec International Programme on the Elimination of Child Labour

4. General considerations Child trafficking affects children throughout the world. When children are trafficked, they are often cut off from their family and community. Their possible isolation in another region or country where they do not have legal status or speak the language makes them vulnerable to severe physical and psychological abuse and exploitation by unscrupulous employers. They almost always end up in work that is dangerous to their health, safety or morals. They are exposed to long working hours, heavy loads, dangerous tools and toxic substances, fear and intimidation, violent punishment and sexual abuse. There are factors that make some children more vulnerable to trafficking and exploitation than others 4 www.ilo.org/ipec International Programme on the Elimination of Child Labour

5. It considers child trafficking within the context of labour migration and the exploitation of the child’s labour. Child trafficking is a crime under international law and a violation of children’s rights. 5 www.ilo.org/ipec International Programme on the Elimination of Child Labour General considerations

6. Core elements of child trafficking: Recruitment, Movement, and Exploitation 6 www.ilo.org/ipec International Programme on the Elimination of Child Labour Components of child trafficking

7. Recruitment Child trafficking begins with recruitment a child is “recruited” by someone or, in some cases, approaches a “recruiter” to find out about how to move to find work. A recruiter may be the person who actually employs the child, or an intermediary who is part of a chain of people involved in the trafficking. Often there may be a relationship of trust involved: children may be approached by someone from their own community, or the same ethnic group, who offers an introduction into a similar ethnic grouping in another place or country. Girls, especially, are at risk of being lured into being trafficked What all forms of recruitment of child trafficking have in common, is the vulnerability of the child concerned: vulnerability that makes the child a likely target for traffickers. 7 www.ilo.org/ipec International Programme on the Elimination of Child Labour

8. Movement Child trafficking involves movement Trafficking in children may happen internally or across national borders and countries can at the same time be sending, transit and receiving countries; this needs to be recognized in designing responses; Internal trafficking may involve movement from rural to urban areas or from one city to another, as a rule to unfamiliar surroundings, which further compounds children's vulnerability. If there are few controls along borders (“blind spots” or simply open borders) there may be routes that are known to be easy to cross but they also involve dangerous and often tortuous routes (rivers, jungles, deserts); 8 www.ilo.org/ipec International Programme on the Elimination of Child Labour

9. Children who have been trafficked are by definition exploited when they arrive at their destination Exploitation can take many forms, depending on: The age… the sex… the “market”… the skills… the vulnerability… the location… The result of child trafficking is EXPLOITATION www.ilo.org/ipec International Programme on the Elimination of Child Labour 9

10. The result of child trafficking is EXPLOITATION Exploitation could be: Sexual (CSEC) Labour, including domestic Organized begging Crime Armed conflict Forced marriage This usually involves demanding, dangerous work for little or no pay, with inadequate rest time, no safety nets, violation of their rights like education, recreation, health, and often includes a degree of force or violence. www.ilo.org/ipec International Programme on the Elimination of Child Labour 10

11. 1. Act - some movement/ transaction to unfamiliar territory 2. Means/ abuse at any stage of movement (Irrelevant for children) 3. End result: A form of ‘exploitation’ Movement/transaction within (often rural to urban) or across national borders For ILO also: Traded as commodity & intent of the trader is material (e.g. labour) or immaterial (e.g. sex) benefit Sexual exploitation Forced labour (i.e. bondage, slave-like, servitude) (Removal of organs) Unconditional Worst Form of Child Labour <18(C182) Regular work below legal working age (14-15) (C138) Light work of children below 12-13 (C138) E.g. Deception; Use of violence & threats; Physical captivity & isolation; Withholding of travel documents; Debt bondage; abuse of position of vulnerability by recruiter, intermediary, transporter, employer Hazardous child labour <18 (C182) Child Trafficking – Components summarized

12. Trafficking = recruitment + movement + exploitation; Movement to unfamiliar territory away from protective environment (not necessarily cross border); 3 rd party’s intent to exploit; End result: Not just CSEC, also other forms of labour exploitation; For children: Consent is irrelevant Child trafficking in summary 12 www.ilo.org/ipec International Programme on the Elimination of Child Labour

13. 13 www.ilo.org/ipec International Programme on the Elimination of Child Labour II. Understanding the root causes of child trafficking

14. Poverty plus … 14 www.ilo.org/ipec International Programme on the Elimination of Child Labour ‘Poverty’ alone cannot explain why: some poor countries have more child trafficking than others; there are more WFCL in some cities than in others; traffickers are active in some places & not in others; some communities face more child trafficking than others; some families are more at risk of trafficking than others; why girls (in most cases) are most at risk; Poverty PLUS

15. To target those most at risk - and reduce their risk; Without reducing risk & vulnerability no lasting solutions; To predict where trafficking might develop under changing circumstances; Why is an understanding of risks & vulnerabilities important? International Programme on the Elimination of Child Labour 15 www.ilo.org/ipec

16. Micro level Macro level 3. Community risks at source 2. Family risk factors 4. Workplace risks at destination 5. External & institutional risk factors Recruiters Intermediaries Employers Clients In Transit 1.Individual risk factors Vulnerable child At SourceAt Destination Distant relative Risk factors & vulnerability at many levels www.ilo.org/ipec 16

17. Risk and Vulnerability at source – Family disruptions, domestic violence, age, sex, war, violence at school, communities with a tradition of movement, gaps in social development, discriminatory policies, climate change Risk and Vulnerability in transit – talone, at night, without money, unprepared and uninformed, undocumented/ irregular, without a final destination. Risk and Vulnerability at destination – separated from their families, run out of money, lose identity papers. Any policies – or lack of them - that allow exploitative workplaces and practices to exist. Risk and vulnerability (contd) www.ilo.org/ipec International Programme on the Elimination of Child Labour 17

18. Source or sending area Destination cities Transit/Movement Parents & youth have low skill levels High youth unemployment Few legal recruitment agencies Lax monitoring Lot of informal & irregular migration Limited labour inspection WFCL Social indifference Large informal economy Opportunities for traffickers !! Labour dimension – the downside www.ilo.org/ipec International Programme on the Elimination of Child Labour 18

19. Source or sending area Destination cities Transit/Movement Parents & youth of working age have decent jobs Children go to school/training and acquire skills Active licensing and monitoring of recruitment agencies Fast, cheap & transparent services by registered recruitment agencies Law enforcement & prosecution against traffickers Working conditions monitored Public wants clean products No underage labour Migrants join trade unions Employers have CSR policy Traffickers have no business Labour dimension – Our aim International Programme on the Elimination of Child Labour www.ilo.org/ipec 19

20. 20 www.ilo.org/ipec International Programme on the Elimination of Child Labour III. Relevant ILO instruments

21. DECENT WORK FOR ALL Global Action Plan (GAP) against WFCL formally endorsed in 2006. GAP calls on 183 member States to: - Time bound measures against WFCL by end 2008; - Elimination of WFCL by 2016/15 for Africa (DWAA); 1998 ILO Declaration: four fundamental principles and rights at work UN legal and policy framework: UN CRC, UN TNC (including Palermo) UN Global Action Plan against human trafficking www.ilo.org/ipec International Programme on the Elimination of Child Labour 21

22. III. Relevant ILO instruments It is important to be clear about internationally agreed labour standards that in most countries are also translated into national laws. These standards are at the heart of defining decent work – a goal to be achieved to ensure that everyone has access to productive and quality work and that all those working enjoy their rights. 22 www.ilo.org/ipec International Programme on the Elimination of Child Labour

23. CHILD TRAFFICKING IS A WORST FORM OF CHILD LABOUR When children take up a job but have not yet reached the legal minimum age for work, this is considered to be child labour. When they are employed in work that is likely to harm their health, safety and morals, they are in a “worst form of child labour”. Similarly, when they are trafficked into any form of work, it is also a worst form of child labour  children who have been trafficked are in a particularly vulnerable situation. 23 www.ilo.org/ipec International Programme on the Elimination of Child Labour

24. Preamble to ILO Constitution (1919): Protection of the interests of workers ILO Declaration on the Fundamental Principles and Rights at Work (1998): ‘All member States respect, promote & realize the principles concerning fundamental rights at work’ including rights to be free of : - Child labour (C 138) - WFCL, including trafficking (C 182) III. Relevant ILO instruments 24 International Programme on the Elimination of Child Labour www.ilo.org/ipec

25. the work performed by children who are under the minimum age legally specified for that kind of work, or work which, because of its detrimental nature or the conditions under which is performed, is considered unacceptable for children and is prohibited. ‘Child labour’ means… Minimum ages ILO Convention No.138 (1973) 25 International Programme on the Elimination of Child Labour www.ilo.org/ipec

26. WFCL comprises: a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict” (Art.3(a)) b) The use, procuring or offering a child for prostitution, for the production of pornography or for pornography performances; c) The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; d) Work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. Worst Forms of Child Labour (WFCL) Convention No.182 (1999) 26 International Programme on the Elimination of Child Labour www.ilo.org/ipec

27. To take immediate and effective measures to prohibit and eliminate the worst forms of child labour as a matter of urgency (Art. 1); Determine and map hazardous work (Art. 4); Establish monitoring mechanisms (Art. 5); Design/implement programmes of action (Art. 6); Develop time bound measures (Art. 7); Enhance international cooperation (Art. 8). Ratifying member States must apply the Convention; Non ratifyers must live up to standard through FPRW. Every three years reporting for ratifyers; Annual report for non-ratifyers on obstacle regarding the ratiffication (under 98 Declaration) Obligations under C 182 27 International Programme on the Elimination of Child Labour www.ilo.org/ipec

28. C.138 C.182 Child Labour end results (C138/182) 28

29. 3 components: A) The recruitment, transportation, transfer, harbouring or receipt of persons; B) By means of threat or use of force or other forms of coercion, of abduction, of fraud, deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person; C) for the purpose of exploitation (shall include, at a minimum the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour, or services, slavery or practices similar to slavery, servitude or the removal of organs); UN (Palermo) Protocol to prevent, suppress and punish trafficking in persons, especially women & children to the UN Convention against Transnational Organized Crime (2000) Implies some movement/ transaction ‘ Means ’ or ‘ methods ’ End result is exploitation FOR CHILDREN UNDER 18, ‘ B ’ IS IRRELEVANT!!! Definition of (child)trafficking 29 International Programme on the Elimination of Child Labour www.ilo.org/ipec

30. 30 www.ilo.org/ipec International Programme on the Elimination of Child Labour IV. International, Regional and National responses

31. All trafficked children (and children in any other worst form of child labour) must be removed at once from this situation and be given the support they need to recover and rebuild their lives in safety and security. The worst forms of child labour are defined under international law in the ILO Worst Forms of Child Labour Convention, 1999 (No.182). 31 www.ilo.org/ipec International Programme on the Elimination of Child Labour

32. International US TIP report: have been instrumental in pushing governments around the world to put legislative measures in place to combat child labour, in order to avoid being cited unfavorably in the report. 32 www.ilo.org/ipec International Programme on the Elimination of Child Labour

33. Regional ECOWAS: Children's Policy and Action Plan, which includes major sections on trafficking and child labour, developed a Plan of Action against trafficking for West Africa (2002-2011); a Multilateral Cooperation Agreement with Central African countries (2006-2008). As a result, 12 of the 16 states in the region have passed national laws that recognize human trafficking as a crime, prescribe penalties, protect victims and establish bodies to fight the phenomenon. 33 www.ilo.org/ipec International Programme on the Elimination of Child Labour

34. National Benin: Anti-trafficking law adopted by Parliament on 2006. Burkina-Faso: Anti-trafficking law adopted by Parliament on 2008. Guinea-Bissau: Anti-trafficking law adopted by Parliament on 2011. Nigeria: The enactment of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003; Senegal: Anti-trafficking law adopted by Parliament on 2005. 34 www.ilo.org/ipec International Programme on the Elimination of Child Labour

35. 35 www.ilo.org/ipec International Programme on the Elimination of Child Labour V. Good Practices

36. Good practices Cooperation between agencies: UN.GIFT (Global Initiative to Fight Human Trafficking): an expert group lead by ILO and UNICEF developed a training package to fight child trafficking; ILO- IOM: a joint programme to facilitate the dialogue and transnational exchanges between different actors identified in Guinea- Bissau, Mali and Senegal, in order to adopt common modalities concerning identification, rehabilitation/reintegration and monitoring of children victims of trafficking. 36 www.ilo.org/ipec International Programme on the Elimination of Child Labour

37. Good practices (cont.) Bilateral agreements between countries: The signing of bi and multilateral agreements is a complex and difficult process which takes time and is costly to implement. Without the adoption of a participatory approach, signatories will not keep their commitment to the process and accepting to play a leadership role are essential elements; 37 www.ilo.org/ipec International Programme on the Elimination of Child Labour Mali/Senegal Mali/Burkina-Faso Mali/Cote d’Ivoire Mali/Guinea

38. Good practices (cont.) Identify new allies in the fight against traffickers: An innovation the Burkina National Union of Road Transporters and Passengers (SNTRV-B) mobilised to stop children traffickers and their accomplices 38 www.ilo.org/ipec International Programme on the Elimination of Child Labour

39. Good practices (cont.) Coordination mechanisms to select response procedures to fast track and support the return of survivors of trafficking. These procedures have been translated into concrete policy actions. Exp Togo and Cote d’Ivoire; 39 www.ilo.org/ipec International Programme on the Elimination of Child Labour

40. Thank you for your attention Visit our website: www.ilo.org/ipec 40 www.ilo.org/ipec International Programme on the Elimination of Child Labour

41. Exercise: Reviewing risk factors in relation to your experience Work in groups Time allowed: 41 www.ilo.org/ipec International Programme on the Elimination of Child Labour