Successfully reported this slideshow.
Child Trafficking in the Context of State
Reconstruction: A Case Study of Haiti
Rachel V. Belt
Liverpool School of Tropica...
! ! Belt,!2013! ! !
! 2!
“In a country like Haiti there is a responsibility to fight this kind of
trafficking because of o...
! ! Belt,!2013! ! !
! 3!
Caption: “Children are like Gold, think twice before you give them away” Graffiti,
Port-au-Prince...
! ! Belt,!2013! ! !
! 4!
Table of Contents
Acknowledgements
Abbreviations
Glossary
List of boxes, diagrams and photographs...
! ! Belt,!2013! ! !
! 5!
4.3.3 Use of orphanages as boarding institutions/businesses
4.3.4 Movement of children to the Dom...
! ! Belt,!2013! ! !
! 6!
Acknowledgements
This dissertation would not have been possible without the support of my family,...
! ! Belt,!2013! ! !
! 7!
List of Diagrams
Box 5.1 Haiti’s Constitutional Articles related to trafficking
Box 5.2 Laws and ...
! ! Belt,!2013! ! !
! 8!
Abstract
Over 1.2 million children are victims of trafficking every year (ILO 2012). They are
exp...
! ! Belt,!2013! ! !
! 9!
Chapter 1: Introduction
Child trafficking, or the movement of children for exploitation, is a gra...
! ! Belt,!2013! ! !
! 10!
In Haiti, estimates of child trafficking vary from 88,000 - 300,000 children living in
a situati...
! ! Belt,!2013! ! !
! 11!
Figure 1.2 Map of Haiti with 10 Departments1
Source: Centers for Disease Control and Prevention ...
! ! Belt,!2013! ! !
! 12!
Figure 1.3 Key statistics on child placement
• 8 out of 10 children under 5 have a birth registr...
! ! Belt,!2013! ! !
! 13!
the potential rise in trafficking caused by displaced, abandoned or unaccompanied
children and l...
! ! Belt,!2013! ! !
! 14!
Chapter 2: Literature review
Although not a new problem, child trafficking is a new area of stud...
! ! Belt,!2013! ! !
! 15!
2003). It ranked 12th
on a list of weak states in 2008 (Brookings Institute 2008, 15).
Magrath d...
! ! Belt,!2013! ! !
! 16!
Since the earthquake, the Haitian government has been rebuilding in
collaboration with internati...
! ! Belt,!2013! ! !
! 17!
No literature looks at the capacity of weak states to prevent, control and
prosecute child traff...
! ! Belt,!2013! ! !
! 18!
• A major life crisis, particularly the death or illness of a parent.
• Hunger seasons or period...
! ! Belt,!2013! ! !
! 19!
Figure 2.5 Demand for Human Trafficking
Source: Wheaton 2010, 4
2.2 Control on the placement and...
! ! Belt,!2013! ! !
! 20!
trafficking in persons occur in 64 of the 186 countries included in the 2012 TIP Report”
(Johns ...
! ! Belt,!2013! ! !
! 21!
2.3 International legal framework as a tool to prevent trafficking
The state is responsible for ...
! ! Belt,!2013! ! !
! 22!
sexual and physical violence (Ibid.) According to the International Labour Organization
(ILO), R...
! ! Belt,!2013! ! !
! 23!
regions or provide information on predictive indicators for families that send children
away.
2....
! ! Belt,!2013! ! !
! 24!
Chapter 3: Research methodology and rationale
3.1 Aims and objectives
The aim of this research i...
! ! Belt,!2013! ! !
! 25!
research (IOM 2008). These two theories complement each other by defining the nature
of traffick...
! ! Belt,!2013! ! !
! 26!
“Restaveks” English (1970-2013)
“Anti-trafficking legislation in
developing countries”
English (...
! ! Belt,!2013! ! !
! 27!
partner, IBESR. Additional contacts and documents were gathered at these events. All
recorded ke...
! ! Belt,!2013! ! !
! 28!
theoretical framework (Denzin and Lincoln 2003). The theory encourages an inclusive
analysis wit...
! ! Belt,!2013! ! !
! 29!
Table 3.2 Range of key informant interviews
Type of Interview Number Performed
Academic (Child T...
! ! Belt,!2013! ! !
! 30!
advocates and government officials. Additionally, Focus Group Discussions were not
possible due ...
! ! Belt,!2013! ! !
! 31!
Chapter 4: Results
“They have to do all the hard work. While they are still children. They don’t...
! ! Belt,!2013! ! !
! 32!
Defining child trafficking in a French speaking country was challenging as “trait”, in
French ca...
! ! Belt,!2013! ! !
! 33!
information from GARR, “From 1990 - 99, Haiti has experienced 16 cyclones, and 7
droughts” (2009...
! ! Belt,!2013! ! !
! 34!
“It varies because of what they need from the child. Lets say a child is wanted for
illegal adop...
! ! Belt,!2013! ! !
! 35!
4.3 Types of child trafficking in the Haitian context
Child trafficking in Haiti takes many form...
! ! Belt,!2013! ! !
! 36!
“Kidnapping should also be a form of trafficking. If it is for 2 hours or several
days. They are...
! ! Belt,!2013! ! !
! 37!
Orphanages as boarding institutions
There are an estimated 30,000 children in Haiti living in or...
! ! Belt,!2013! ! !
! 38!
Illegal adoptions are possible due to any fault in the process of adoption, from the
choice of a...
! ! Belt,!2013! ! !
! 39!
A portion of this movement is considered trafficking. Children move to the Dominican
Republic fo...
! ! Belt,!2013! ! !
! 40!
Dominican side.4
The corruption and complicity of the Dominican army is well-
documented by huma...
! ! Belt,!2013! ! !
! 41!
“You have people getting children to the DR to use for sex, prostitution and you
also have peopl...
! ! Belt,!2013! ! !
! 42!
4.3.5 Evidence of other country movement
Evidence of child movement to countries other than the ...
! ! Belt,!2013! ! !
! 43!
key actor in the fight against trafficking. (Le Moniteur No. 103 1994) The judiciary is the
acto...
! ! Belt,!2013! ! !
! 44!
The legal right of IBESR to oversee and care for all children requiring protection
was acknowled...
! ! Belt,!2013! ! !
! 45!
are plans to decentralize many services to the department offices. The new requirement
(added in...
! ! Belt,!2013! ! !
! 46!
and facilitators of good work. However, informants discussed the absence of IBESR
present in key...
! ! Belt,!2013! ! !
! 47!
trafficking. IBESR uses BPM to make arrests in child abuse cases, in closing of
orphanages and a...
! ! Belt,!2013! ! !
! 48!
and Malnutrition,” (COLFAM) which was established with representatives from the Office
of the Pr...
! ! Belt,!2013! ! !
! 49!
trafficking initiatives. A committee of relevant ministries is included in the proposed anti-
tr...
! ! Belt,!2013! ! !
! 50!
4.6.4 Reunification
Caption: Picture of family reunification
Source: International Rescue Commit...
! ! Belt,!2013! ! !
! 51!
There are some reports of reunification programs being halted because the communities
are taking...
! ! Belt,!2013! ! !
! 52!
(ILO 2012, 1). The first anti-trafficking law, to ratify the Palermo Protocol, was presented
to ...
! ! Belt,!2013! ! !
! 53!
Table 5.1 Ratified international conventions by Haiti and Haitian national laws
relevant to chil...
! ! Belt,!2013! ! !
! 54!
(1994)
Law for the elimination of all forms of abuse,
violence, maltreatment and inhuman treatme...
! ! Belt,!2013! ! !
! 55!
Table 5.2 Penal code references relevant to trafficking
Source: Author
10
According to many key ...
! ! Belt,!2013! ! !
! 56!
“The state should give itself the means to crack down on these people and really
enforce the law...
! ! Belt,!2013! ! !
! 57!
5.2.2 Other laws affecting child trafficking
There is a new law to mandate child support by fath...
! ! Belt,!2013! ! !
! 58!
The proposed legislation institutionalizes the prevention and the fight against
trafficking of p...
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
RachelVBelt_DissertationMHHPM_LSTM_reduced size
Próxima SlideShare
Cargando en…5
×

RachelVBelt_DissertationMHHPM_LSTM_reduced size

140 visualizaciones

Publicado el

  • Sé el primero en comentar

  • Sé el primero en recomendar esto

RachelVBelt_DissertationMHHPM_LSTM_reduced size

  1. 1. Child Trafficking in the Context of State Reconstruction: A Case Study of Haiti Rachel V. Belt Liverpool School of Tropical Medicine 2013 The dissertation has been submitted in partial fulfillment of the requirements for the award of Masters in Humanitarian Health Programme Management Word Count: 15,462
  2. 2. ! ! Belt,!2013! ! ! ! 2! “In a country like Haiti there is a responsibility to fight this kind of trafficking because of our history. Because we are the people who really stood against this type of traffic” ~ (H10 Haitian NGO) “The violation of human rights are at the same time a cause and a consequence of traffic of human beings.” ~ Deputy Malherbe Francois, in a letter to the Haitian legislature with the proposal of the anti-trafficking law, 2013
  3. 3. ! ! Belt,!2013! ! ! ! 3! Caption: “Children are like Gold, think twice before you give them away” Graffiti, Port-au-Prince, Haiti 2013 Source: Author
  4. 4. ! ! Belt,!2013! ! ! ! 4! Table of Contents Acknowledgements Abbreviations Glossary List of boxes, diagrams and photographs Abstract Chapter 1: Introduction 1.1 Research rationale Chapter 2: Literature review 2.1 The ability of weak states to prevent trafficking 2.2 Control of the placement and movement of children 2.3 International legal framework as a tool to prevent trafficking 2.4 Child trafficking in Haiti 2.5 Trends in child trafficking in the Haitian context Chapter 3: Research methodology and rationale 3.1 Aims and objectives 3.2 Methodology 3.2.1 Study design Literature review Legal review Key informants! 3.2.2 Analysis 3.2.3 Trustworthiness 3.2.4 Research limitations 3.2.5 Ethical considerations Chapter 4: Results 4.1 Varying definitions and interpretations of trafficking 4.2 Vulnerabilities to trafficking 4.3 Types of child trafficking in the Haitian context 4.3.1 Kidnapping 4.3.2 Children living in domesticity or “Restaveks”
  5. 5. ! ! Belt,!2013! ! ! ! 5! 4.3.3 Use of orphanages as boarding institutions/businesses 4.3.4 Movement of children to the Dominican Republic 4.3.5 Evidence of trafficking to other countries 4.5. Main Programmatic Actors 4.5.1 IBESR 4.5.2 MAST 4.5.3 BPM 4.5.4 Other Actors 4.6 Main Activities 4.6.1 Prevention 4.6.2 Sensitization 4.6.3 Identification 4.6.4 Reunification Chapter 5. Legal Review 5.1 Existing legislation and its application to child trafficking 5.1.1. The legalization of child labor and its dissolution 5.1.2 Other laws affecting child trafficking 5.2 Proposed anti-trafficking legislation 5.3. Judiciary Chapter 6: Discussion 6.1 Prevention 6.2 Protection 6.3 Prosecution 6.4 The role of the international community 6.5 Further research Chapter 7: Conclusion and Recommendations Appendices A. Topic Guide B. Consent Form C. Participant Information Sheet References
  6. 6. ! ! Belt,!2013! ! ! ! 6! Acknowledgements This dissertation would not have been possible without the support of my family, friends and a network of dedicated and intelligent people working in the sector of child protection in Haiti. I would like to thank Tobias Meltzner from the International Organization for Migration (IOM) for his insight and guidance, Pierre Diem of IBESR for hours of his time and his desk space, Ferla Cindy, whose insight as a social worker while translating was immensely helpful and Guy Delva for assisting in all sections of the research. I would like to thank the Liverpool School of Tropical Medicine, specifically Tim O’Dempsey and Barry Munslow for their teaching and guidance on the development and execution of this study and my fellow students for their encouragement and insights. Abbreviations Glossary Child “A person below the age of 18.” (CRC 1989) 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” (Palermo Protocol 2000). Trafficking “'Trafficking in persons' shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of 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, for the purpose of exploitation” (Palermo Protocol 2000). Smuggling “Shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident” (Palermo Protocol 2000). Vulnerability “Typically used to refer to those inherent, environmental or contextual factors that increase the susceptibility of an individual or group to being trafficked” (UNODC 2008). BPM Brigade Protection des Mineurs GARR Groupe Appui aux Rapatriés et Réfugiés IBESR Institut du Bien-Etre Social et de Recherches ILO International Labour Organization IOM International Organization for Migration MAST Ministry of Social Affairs and Labour NGO Non government organization RCC Residential Care Center UNICEF United Nation’s Children Fund
  7. 7. ! ! Belt,!2013! ! ! ! 7! List of Diagrams Box 5.1 Haiti’s Constitutional Articles related to trafficking Box 5.2 Laws and mandates for key Haitian government child protection actors Box 7.1 Summary of recommendations Figure 1.1 Child trafficking estimates worldwide Figure 1.2 Map of Haiti with 10 departments (regions) Figure 1.3 Key statistics on child placement Figure 2.2 Government activities related to the prevention, control and prosecution of Child Trafficking Figure 2.3 “Relief Aid to Haiti by Recipient (January 2010-March 2011)” Figure 2.4 Continuum of state strength Figure 2.5 Demand for human trafficking Figure 2.6 “Factors in driving trafficking from a country” (Bales 2012, 274) Figure 2.7 Location and origins of trafficked children Figure 3.2 Snowball sampling for contacts working in child protection in Haiti Figure 4.1 Origins of Restavek children Figure 4.2 Types of child trafficking in the Haitian context Figure 4.3 Forms of exploitation of Haitian children in the Dominican Republic Figure 4.4 Continuum of actors and program activities related to Child Trafficking Figure 4.5 The Organizational Structure of IBESR in 2013 Figure 4.6 Decentralization: Locations of IBESR in the 10 departments of Haiti Table 3.1 Literature review search terms Table 3. 2 Range of key informant interviews Table 5.1 Ratified International Conventions by Haiti and Haitian National Laws relevant to Child Trafficking Table 5.2 Penal Code references relevant to child trafficking Photo 1 Haitian Child Crosses the Haiti-Dominican Republic Border for School Photo 2 Picture of Family Reunification
  8. 8. ! ! Belt,!2013! ! ! ! 8! Abstract Over 1.2 million children are victims of trafficking every year (ILO 2012). They are exploited, a violation of child rights protected by international law (CRC 1989). Poor families in Haiti supply vulnerable children for exploitation both inside the country and across the borders. Initial promises are made to families in exchange for children, who are taken to work in domesticity, on the streets, in prostitution or placed in orphanages to be illegally adopted. The network of traffickers go unpunished despite some arrests made by the police. This qualitative study researches the susceptibility to trafficking experienced by a weak state such as Haiti and the efforts made by a government in a period of post- disaster reconstruction to prevent, control and prosecute cases of child trafficking. The research looks at the government child protection agency, IBESR (Institut du Bien-Etre Social et de Recherches), the Ministry of Social Affairs and Labour (MAST), the Brigade for the Protection of Minors (BPM) of the Haitian National Police, the judicial institutions and the national laws that Haiti has to protect children. The research was conducted over a three-month period in Port-au-Prince, Haiti with IBESR. Over twenty international and Haitian key informants working on the issue of child trafficking or child domestic labour were interviewed and a legal and literature review conducted to measure the Haitian States’ progress in preventing, controlling and prosecuting child trafficking. Results found significant progress in controlling placement and migration of children but weaknesses in the Haitian State’s ability to provide basic services to vulnerable families to prevent trafficking. Further, natural disasters were found to cause vulnerabilities exploited by traffickers in Haiti. Although there are inadequate laws to prosecute traffickers and a weak judiciary system, the ratification of an adoption law and the proposal of anti-trafficking legislation during the research for the report is an important step made by the Haitian government. Word count: 309
  9. 9. ! ! Belt,!2013! ! ! ! 9! Chapter 1: Introduction Child trafficking, or the movement of children for exploitation, is a grave human rights abuse affecting an estimated 1.2 million children worldwide every year (ILO 2012). The hidden and criminal nature of trafficking makes the phenomenon difficult to quantify and its nature in certain contexts challenging to identify or describe (Tydlum 2010). Children who are trafficked end up in situations of abuse or exploitation (Oram 2013; UNODC 2008). Trafficking has long term, negative effects on the child, their family and the wider community (UNICEF 2009; UNODC 2008). Figure 1.1 Child trafficking estimates worldwide Source: International Labour Organization, 2012 Counter-trafficking programmes encompass prevention, intervention and care of trafficked children and require the collaboration of social welfare workers, international and national non-government organizations (NGOs), border control agents, the police and the judiciary. To combat trafficking, countries require the political will to sign relevant conventions, fund child protection activities and propose laws that prosecute traffickers and deter criminal activity through punishment. Key organizations working in the area of counter-trafficking include the International Organization for Migration (IOM), International Labour Organization (ILO), the United Nations Fund for Children (UNICEF) and the US Department of State, which, since 2002, publishes a yearly report on worldwide trafficking, known as the Trafficking in Persons Report (TIP) (US Department of State 2013).
  10. 10. ! ! Belt,!2013! ! ! ! 10! In Haiti, estimates of child trafficking vary from 88,000 - 300,000 children living in a situation of domestic labour within Haiti and 2,000 cases a year of cross border traffic to the Dominican Republic (EMMUS IV; UNICEF 2012; IOM 2011). There are no estimates for the numbers of children illicitly adopted or trafficked to the United States or countries in Latin America, although evidence of this movement can be found in news reports (Santia 2013; Go Jamaica 2013). Historically and in 2013, Haiti ranks poorly on the Trafficking in Persons (TIP) annual report issued by the US Department of State. The TIP report does not judge countries on the suspected or estimated numbers of trafficked persons originating, transiting or arriving in the country but rather the efforts by the government to counter- trafficking, most specifically the ratification, or not, of international anti-trafficking conventions. The annual TIP report states, “The Government of Haiti does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so” (US Department of State 2013). This study explains the significant efforts and recommends further actions to prevent vulnerable children from exploitation. Despite obvious shortcomings in funding and rule of law, Haiti’s government recently signed a number of laws and developed program activities in counter-trafficking. Haiti faces several challenges leading to children placed in situations of exploitation. Haiti is a country of 10 million people, 4.6 of whom are children (Cooper 2012, UNICEF 2010). It has the highest maternal mortality ratio in the Americas at 350/100,000 and a history of civil unrest, political and food insecurity (CIA World Factbook 2012). In 2012, 78% of the Haitian population was living on less than $2 US per day (World Bank 2012). Politics of the mid-20th century resulted in rapid urbanization and political neglect of the Haitian countryside. In 2003, 41% of the population lived in urban areas and in 2012 this grew to 49% (EMMUS V 2013). Historically, poor families would send children to relatives in the city to gain access to education, which evolved over the last decades into a less advantages situation of children being used for domestic labour (GARR 2009).
  11. 11. ! ! Belt,!2013! ! ! ! 11! Figure 1.2 Map of Haiti with 10 Departments1 Source: Centers for Disease Control and Prevention (CDC). Fanta Project 2013. Only 44% of Haitian children live with both biological parents. According to a Haitian Ministry of Health (MSPP) survey, known as EMMUS, performed in 2012 and published in July of 2013, 32% of households have orphans or children living without their parents. (EMMUS V 2013). This rate was lower in the tent camps (about 18%) (EMMUS V 2013). Not all moved children are trafficked and some children not living with their parents are not moved but exploited. According to a 2002 report, Approximately two thirds of children living apart from their original parents are actually born in their current home. This means that the fact that they are separated from their parents is not the result of a child's placement, but the migration or death of parents (MAST 2002, 17). !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 1!Haiti’s!ten!regions!are!referred!to!as!departments!
  12. 12. ! ! Belt,!2013! ! ! ! 12! Figure 1.3 Key statistics on child placement • 8 out of 10 children under 5 have a birth registration. • Among children under 18, 44% live with both biological parents and 12% are orphans of father and / or mother. • One in five children under 18 are living with neither biological parent. • As defined by UNICEF, 50% of children aged 5-14 work, this proportion reached 64% in North-East and Center Departments of the country. • According to the UNICEF definition, adapted to the context of Haiti, 8% children 2-14 years have suffered only "nonviolent sanctions", 5% would have been that "emotional abuse" and 81% were subject to any form of corporal punishment, including 16% as very violent. • Slightly more than one in four (28%) believe children need physical punishment. Adapted by author, source EMMUS V 2013 The earthquake, which devastated Haiti’s capital, Port-au-Prince, in 2010, and the subsequent cholera outbreak, further destabilized an already troubled country. The death toll of almost 300,000 people resulted in additional single-family homes, loss of income, separated children and orphans, all of which are risk factors to child trafficking (EMMUS V 2013; Atzet 2010). Almost 1.5 million people were living on the streets of Port-au-Prince following the earthquake, with little to no access to basic services. The estimated 209,000 children living in camps as of 2011 were more vulnerable to trafficking (Cooper 2012; IOM 2011). One report noted; 7% of camps in Port-au-Prince and 9% of camps outside of Port-au-Prince and 13 % of non camp sites outside the capital reported at least one instance of suspected child trafficking the first month following the Earthquake (Cooper 2012). In the first six months of 2010, United Nations Fund for Children (UNICEF) reported 6,000 cases of children moving across the DR border and 459 child victims of trafficking of the 11,774 children screened at the international airport (UNICEF 2011). The highly publicized post-earthquake case of American missionaries moving children illegally to the Dominican Republic drew the attention of the international community to
  13. 13. ! ! Belt,!2013! ! ! ! 13! the potential rise in trafficking caused by displaced, abandoned or unaccompanied children and loss of livelihoods after the disaster (Todres 2010; Smolin 2004; Bromfield 2013). Since the disaster, the Haitian government and their partners strengthened efforts to protect children from trafficking. 1.1 Research rationale Three years after the Earthquake many organizations intend to turn programs over to Haitian government-led initiatives. This report aims to review the activities during the period of reconstruction, with a focus on the Haitian government’s capacity to counter the growth in child trafficking following the earthquake. This research gathered information from ongoing activities through key informants at local and international agencies and performed a review of legislation and judicial cases to better identify weaknesses in the control of child trafficking in Haiti. The report aims to arm advocates, officials and program managers with information needed to dedicate more resources into key areas for trafficked children and their families. A review of the key theories creates a framework for the investigation of this research by defining how states can prevent, control and prosecute child trafficking cases. It will also examine particular susceptibilities of weak states, such as Haiti, to trafficking. The discussion displays findings from key informants and reports obtained through the interview process. Finally, a discussion on the strength of the Haitian state in combating trafficking is discussed and recommendations made for further consideration and research.
  14. 14. ! ! Belt,!2013! ! ! ! 14! Chapter 2: Literature review Although not a new problem, child trafficking is a new area of study with growing worldwide awareness. Despite the added attention and concern for victims of trafficking, little academic work exists on the strength of institutions and their strategies to combat the issue. Similarly, very little documentation exists on specific programmes activities required for the care of trafficked children. Populations living in weak states are more vulnerable to being trafficked than people living in strong states for a variety of reasons. There are three main contributors to trafficking in weak states, (1) the lack of basic services to prevent the supply of trafficked children, (2) the lack of state control on child movement and placement and (3) the lack of prosecution in cases of child trafficking due to a weak or corrupt judiciary. All three represent a failure or weakness of the state that creates opportunity for traffickers and/or a supply of children. Figure 2.2 Government activities related to the prevention, control and prosecution of child trafficking Source: Author Haiti is defined as an enduring weak state or a state that is “inherently weak because of geographical, physical, or fundamental economic constraints” (Rotberg 1! Provision!of!basic!services! Activities:!Access!to!healthcare,! education!etc.! 2! Control!of!the!placement!and! movement!of!children! Activities:!Regulation!of!orphanages,! foster!care,!adoption!etc! 3! Prosecution!of!trafHicking! Activities:!Arrest,!sentencing!and! prosecution!of!trafHickers!
  15. 15. ! ! Belt,!2013! ! ! ! 15! 2003). It ranked 12th on a list of weak states in 2008 (Brookings Institute 2008, 15). Magrath defines weak or fragile states as one where, “the government cannot or will not deliver basic functions to the majority of its people, including the poor” (2010, 2). Rotberg of the Brookings institute explains that Haiti’s ability to “give political goods to its citizens is compromised” by, Autocratic and corrupt leadership, weak institutions, an intimidated civil society, high levels of crime, low GDP levels per capita, high rates of infant mortality, suspicion or outright hostility from its neighbors (Rotberg 2003 ,10). Because of Haiti’s lack of racial, ethnic or religious strife, it has not “collapsed into war but remains handicapped” (Rotberg 2003). Rotberg states, “Haiti seems condemned to remain weak, but without failing” (2003). At the time of the 2010 earthquake any previous progression in the rule of law shook as the government was incapacitated and the population made poorer and more vulnerable by the disaster. The earthquake damaged 60% of Haiti’s government institutions, the national palace and almost all the ministry buildings, causing the Haitian State to collapse2 (Office of the Secretary- General’s Special Advisor 2012). It killed many public servants, further decimating an already weak state. In cases of collapsed states, Rotberg claims, non-goverrnment actors can take over. After the earthquake in Haiti, these actors were not armed internal entities but rather the international community. The impact NGOs in reconstruction efforts can have negative consequences for national governments (Donini 2010; Milliken and Krause 2002). Funding from bilateral and multilateral agencies was four times the internal revenue of the Haitian government in 2010 (Office of the Special Envoy of Haiti 2011). The international community swooped in to assist but analyses give the relief effort a poor report card, claiming that much of the aid benefited the countries providing it (Trasberg 2011; GAO 2013; Walz and Ramachandran 2012; Guardian 2013; Johnston 2013). Less than 1% of the aid funding went directly to the Haitian government, most of which was dispersed 8 months after the disaster (Office of the Special Envoy of Haiti 2011). None of the money raised from the flash appeal went to Haitian NGOs. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 2!Collapsed and failed states are terms often used interchangeably. In this context “collapsed” refers to the demise of a government not of its own doing (such as a disaster) as compared to a failed state which, through its own actions or armed conflict ends.!
  16. 16. ! ! Belt,!2013! ! ! ! 16! Since the earthquake, the Haitian government has been rebuilding in collaboration with international agencies. Despite these efforts, sectors of the population are susceptible to child trafficking due to a lack of basic services. Figure 2.3 “Relief aid to Haiti by recipient (January 2010-March 2011)” Source: Office of the Special Envoy of Haiti Figure 2.4 Continuum of state strength Source: Author Strong! Weak! Failed/ Collapsed! Process!of!! Reconstruction!
  17. 17. ! ! Belt,!2013! ! ! ! 17! No literature looks at the capacity of weak states to prevent, control and prosecute child trafficking. Government prevention activities related to trafficking include the provision of basic services and awareness campaigns. The responsibility of the state to counter trafficking includes the regulation of child movement across borders, placement in homes and adoption. Prosecution relates to the strength of a state’s judiciary and their national legal framework. Trafficking theories analyzing population vulnerability, government corruption and legal structure’s effectiveness can further clarify challenges in these categories of government responsibility. When applied to the Haitian context, the theories highlight which areas Haiti has advanced or stagnated. As almost all trafficking theories are focused on adults, theories that address trafficking broadly will be extrapolated in terms of their strength and adaptability to child trafficking. To frame the research questions, the literature will include the known nature and trends of child trafficking entering Spring 2013. 2.1 The ability of weak states to prevent trafficking “Vulnerability is central to any understanding of trafficking” – UNODC, 2013 What causes trafficking? For a trafficker to engage in criminal activity, opportunities must exist to move vulnerable children from one situation to another producing an economic benefit. Both the vulnerability of the child and the opportunity for criminal livelihood are the result of economic prospects. A parent or caregiver can either be tricked into sending their child into an exploitative situation or the child can be taken by force. A trafficker’s opportunistic exploitation of a person’s vulnerability through making false promises is an inherent characteristic of trafficking and referred to as “recruitment.” The more vulnerable a family or child is, the more tempting it is for them to take a risk on a promise. These vulnerabilities associated with trafficking are called “risk” or “push” factors. A 2004 USAID report identified the following risk factors that were inherent in trafficking of children in Haiti; • Rural households marked by acute poverty • Households where water is located at a long distance, e.g., an hour’s walk or more.
  18. 18. ! ! Belt,!2013! ! ! ! 18! • A major life crisis, particularly the death or illness of a parent. • Hunger seasons or periods of food shortage. • Families of five to ten children. • Children who have only one contributing parent. • Children between the ages of six and twelve. • Girls are more vulnerable to placement than boys, especially for urban households. • Children born outside of stable conjugal unions, e.g., pitit deyo (outside children) or children born to passing (non-enduring) unions (Smucker 2004, 35). The supply and demand for trafficked children, in the Haitian context, is economical on more than one dimension. For the receiving households, children are used in the place of a maid or adopted illegally for moneymaking purposes. Traffickers turned to crime due to a paucity of other economic opportunities. Families are generally sending children away due to their poor economic status. In this way, looking at trafficking through an economics lens, “complements the law enforcement, criminal justice, and sociology research and practices by analyzing the choices individuals and organizations make in the human trafficking market” (Wheaton 2010, 3). Human trafficking is a big business worldwide. The revenue from human trafficking (according to 2005 data) is US$32 Billion (Wheaton 2010). There are no specific estimates on the revenue from the trafficking of children, although news stories have reported the selling of Haitian children for as little as US $50-$150, which would suggest the supply is high and demand low (Atzet 2010). Traffickers often are part of a criminal network due to a lack of formal sector economic opportunities. For human traffickers, the risk or prosecution or criminal punishment is less likely than in the trafficking of drugs or arms (Wheaton 10). The economic benefits of trafficking also support the growth or diversification of criminal networks (Fitzgibbon 2003). Because a state is weak, they cannot provide support to vulnerable families, nor are there many economic opportunities available, leaving people to look to crime as a livelihood and in some cases for a child to work when an adult is unaffordable. This triangle of poor families, crime as a livelihood and a need for cheap labor creates a challenging situation for a state to control when faced with a poor economic reality.
  19. 19. ! ! Belt,!2013! ! ! ! 19! Figure 2.5 Demand for Human Trafficking Source: Wheaton 2010, 4 2.2 Control on the placement and movement of children Weak states often do not have a fully functioning civil service, which leads to poor regulation and oversight in many sectors. Corruption may further debilitate their work. Government child protection agencies may not have the means, training or management to oversee protocols and follow-up with potential child victims. Regulation of adoption, orphanages, foster families, birth registration and papers to move across borders with children are often corrupted, unenforced or non-existent. These unregulated placements can be forms of trafficking (Howard 2011). Weak states are challenged to limit the supply of trafficked children and deter the sources of demand. Kevin Bales and Friesendorf look at corruption as it relates to trafficking (Bales 2012; Friesendorf 2009). Bales concludes corruption is the leading factor in trafficking from a country and proposes that “reducing corruption should be the first and most effective way to reduce trafficking” (Bales 2012, 4). The TIP Report also looks into the connection between corruption and trafficking and found, “Corrupt activities linked to
  20. 20. ! ! Belt,!2013! ! ! ! 20! trafficking in persons occur in 64 of the 186 countries included in the 2012 TIP Report” (Johns Hopkins 2012). Haiti ranks 165th on Transparency International’s corruption index (Transparency International 2012). Although corruption can be a key component of trafficking (falsification of papers, payment to border patrols etc.), The lack of state control and regulation results in opportunities for traffickers and corruption is not always required. Therefore it is an indicator and not a predictor. In Haiti, connections to Haitian diaspora in other countries may also play a role in trafficking, among other factors (Baker 2009; Chardy 2013). Figure 2.6 “Factors in Driving Trafficking from a Country” Source: Bales 2012, 274
  21. 21. ! ! Belt,!2013! ! ! ! 21! 2.3 International legal framework as a tool to prevent trafficking The state is responsible for punishing trafficking through legal means. This requires the signing and ratification of a number of international treaties, education of legal members of state and fostering an independent, strong judiciary. Trafficking violates a number of human rights, especially for children (CRC 1989). Trafficked children are often denied the right to remain with their parents, the right to education and the right to play. These particular human rights are protected by conventions such as the Convention on the Rights of the Child and the Hague Convention on Protection of Children (Scarpa 2006). The Palermo Protocol is the only International Legal Framework that defines the necessary state actions required to prevent trafficking. The Palermo Protocol definition is the most commonly referred to definition of trafficking (reference Glossary) and smuggling.3 It also clarifies that all agents acting to traffic a child; from the recruitment, to the exploitation can be prosecuted. The consent of the victim is irrelevant. In the Palermo Protocol’s definition of exploitation it states minimum examples of exploitation and encourages a broad application of the term. The Palermo Protocol has been signed but not ratified by Haiti. 2.4 Child trafficking in Haiti In Haiti there is both internal trafficking (i.e. countryside to the cities, poor families, to less poor families) and external trafficking, where children move to the Dominican Republic, the United States and other Latin American countries. An estimated 225,000 Haitian children work in domestic labour inside the country (UNICEF 2012). These children are known as “Restaveks” in Haitian Creole, or “live in.” They are predominately female and between the ages of 5-17 years (ILO 2012, 1). The average workday lasts between 10 and 14 hours and the children are often victims of !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 3!There is difference between smuggling and trafficking. Smuggling is illegal migration and is a crime against a state’s laws of immigration while trafficking is a crime against a person’s human rights. Someone can be smuggled in the beginning of a journey and end up in a situation of trafficking. !
  22. 22. ! ! Belt,!2013! ! ! ! 22! sexual and physical violence (Ibid.) According to the International Labour Organization (ILO), Restavek children stand “4cm shorter and weighs 20kg less than the average Haitian child” at age 15 (ILO 2012, 1) Not all children who live with others are maltreated or may be exploited as the trafficking statistic suggests. According to Smucker, there is a child treatment continuum for children who live with others, he says, “some are treated kindly as though they were adopted into the family… at the other end of the spectrum, children are sent to live with strangers as unpaid servant children and are subject to severe abuse” (Smucker 2004, 20). However, according to the 2004 study, “children who live away from home tend to be more vulnerable to mistreatment than children who live at home” (2004, 10). Fig 2.7 Location and origins of trafficked children by regional department Source: MAST 2002 The data on cross-border traffic is poor due to the hidden nature of the problem, the inability to track child movement to other countries and Haiti’s porous border with the Dominican Republic (GARR 2009; Smucker 2004). Overall, data on trafficking are estimates and qualitative studies following the earthquake do not reflect the potential impact of the disaster on child trafficking in Haiti. Few published papers discuss specific
  23. 23. ! ! Belt,!2013! ! ! ! 23! regions or provide information on predictive indicators for families that send children away. 2.5 Trends in child trafficking in the Haitian context Recent studies report changes in the nature of child trafficking in Haiti and trends where children are more vulnerable. For children trafficked inside and across the border, there is a growing trend away from parents sending their children to live with relatives and an increase in the use of an intermediary to place the child with a person unknown to the parents (Smucker 2004). Smucker observed a trend in his report of “bi-ethnic” modality, or flow of Haitian infants and minors to Dominican homes (Smucker 2004). A 2009 study showed a growing increase in Restaveks in smaller Haitian cities such as Saint Marc and Gonaives (PADF 2009; Human Rights Council 2013). The 2013, Report of the independent expert on the situation of human rights in Haiti noted the following situation for the concern of Restavek children, Since March 2012, several children’s organizations have noted a fresh surge in the number of ‘restavek’ (child domestic workers) who leave the place where they are living to go and live on the street, or who risk being subjected to violence, exploitation or other forms of abuse. In recent years, there appears to have been a marked shift in terms of the kind of families …they tend to be poorer families in which the children are at greater risk (Human Rights Council 2013, 13). There is evidence that children are moving from poor cities to other areas of cities rather than the traditional rural-urban movement (PADF 2009). A study investigating the work of street children found, contrary to previous notions, that children were not forced to work on the streets but chose, due to their family or economic situations, to work (ICF International 2010). The nature of child trafficking may have again changed due to the disaster but no published post-earthquake studies exist except a report on border activities performed by Smucker in 2012 and the evidence discussed by the Human Rights Council report (2013).
  24. 24. ! ! Belt,!2013! ! ! ! 24! Chapter 3: Research methodology and rationale 3.1 Aims and objectives The aim of this research is to explore the current capacity of the Haitian government to address child trafficking in Haiti. To accomplish this aim, the objectives are as follows; to identify national laws and international treaties that protect children in Haiti and identify programs in the field of child protection (Objective 1), to explore the limitations of the law and the strength of the justice system for child trafficking (Objective 2), to explore government programming to protect children from trafficking (Objective 3) and to offer recommendations for steps forward in the mitigation of child trafficking and care of children who have been trafficked (Objective 4). The advances and challenges for the Haitian state in preventing, controlling and prosecuting challenges could lead to additional actions and increased funding to improve counter-trafficking efforts in Haiti. 3.2 Methodology “Qualitative research is inherently multimethod in focus” (Denzin and Lincoln, 2003) The process of collecting data on trafficking is a challenge (Benoit 2005; Kangaspunta 2005; Lackzko 2002; Tydlum 2010). In the context of weak states, it is almost impossible, leaving qualitative research as a necessary and important avenue to understanding trends and studying the impact of anti-trafficking efforts. This study uses a combination of qualitative research approaches grounded theory and law and policy analysis. Qualitative research is an “intuitive and empirical form of generalization based on the researcher’s own experience…rather than one that is rationalistic and law-like” (Ritchie and Lewis 2003, 268). It does not generate data, but informs themes and can elaborate data or causes for the lack of data (Lingard 2008). This study aims not just to “research and verify facts” but “also to research and generate his explanation of them” through use of the Grounded Theory (Ritchie and Lewis 2003, 4) The second method of analysis is Law and Policy Analysis. Policy is an under-studied area of trafficking
  25. 25. ! ! Belt,!2013! ! ! ! 25! research (IOM 2008). These two theories complement each other by defining the nature of trafficking and judging the strength of the government’s intervention (Patton 1987). 3.2.1 Study design Of four sources of information proposed for this research, only three sources were investigated and analyzed: Key informant interviews in Haiti, focus group discussions, a literature review and a legal review (the focus groups were not conducted.) Chronologically, the literature review was performed first, followed by key informant interviews in conjunction with the legal review. Literature review The literature review included over 150 papers and reports accessed through the University of Liverpool Discover Database and Google Scholar. Numerous organizational reports were recommended in key informant interviews, however, since many of them are newly available, confidential or unpublished, these were included in the results section to show clearly the existing information, the knowledge gained and the unanswered research questions that formed the scope of this research. The inclusion criteria, specifically, language, search terms and date are defined in Table 3.1. Grey literature was included. The exclusion criterion included articles pay- to-access and literature published before dates specified in Table 3.1. Relevant newspaper articles were referenced. Given the few studies performed on trafficking, the search terms in Table 3.1 cast a wide net including studies in Asia and Africa. Table 3.1 Literature review search terms Search term Language Date “Child protection, Haiti, post-- Nearthquake” English (2000-2013) “Child trafficking, Haiti” English (2000-2013) “Child trafficking, Caribbean” English (2000-2013) “Human trafficking, post-- Ndisaster” English (2000-2013)
  26. 26. ! ! Belt,!2013! ! ! ! 26! “Restaveks” English (1970-2013) “Anti-trafficking legislation in developing countries” English (2000-2013) “Trait des enfants, Haiti” French (2000-2013) Source: Author Legal review The Haitian parliament proposed an anti-trafficking bill for the first time during the legal analysis. An in-depth understanding of the existing international and national laws was required to debate, with experts, the context and potential impact of the new law. The legal review included a review of organizational reports, to outline the current international conventions ratified by Haiti, the national law (published in Le Moniteur) and an assessment of the penal code to identify the gaps in the judiciary’s ability to prosecute traffickers using existing laws. All national laws are publicly available in Le Moniteur. Shortly before research commenced, IBESR created a compilation of laws, “La protection de L’Enfant: Legislation nationale et internationale” to raise awareness and promote easy reference of child protection laws in Haiti. The legal review relied on this document, internal documents and key informants to assess the application of laws relevant to child trafficking. The proposed legislation was considered and opinions gathered. Key informants provided internal program documents on legal concepts that were not available publically. Key informants The selection of key informants used a snowball technique from two originating sources; the UN Child Protection Cluster List and IBESR recommendations. Key informants were provided a participant sheet and consent form in French and English. The topic guide was not provided in advance. The topic guide used standard questions based on research objectives. The interview inclusion criteria were staff working at a programme management level in child protection or in academia with a focus in trafficking in Haiti. The beginning of the field research coincided with the “Day of the Child” in Haiti, which included week long networking events to discuss initiatives in child rights and programming in Haiti. The week was planned and hosted by the research
  27. 27. ! ! Belt,!2013! ! ! ! 27! partner, IBESR. Additional contacts and documents were gathered at these events. All recorded key informant interviews were transcribed. Figure 3.2 Snowball sampling for contacts working in child protection in Haiti ! Source: Author 3.2.2 Analysis Data was analyzed using the Grounded Theory approach and Law and Policy Analysis. Grounded theory, developed by Glaser and Strauss, avoids the application of a theory in analysis that does not fit or an approach that limits the scope of the research and its conclusions (Glaser 1967). This theory involves the “generation of analytical categories and their dimension and the identification of relationships between them” (Ritchie 2003). Glaser and Strauss later differed in their approach, Strauss focused on the influence of perspectives from informants on the formation of ideas from qualitative research and the influence of the researcher’s own ideas. Awareness of other influences on this research was considered and informants are defined by their employment (Government, US Agency, NGO etc) and whether a local (H) or international informant (I), but not by gender to protect identities (Strauss and Corbin 1994). Other approaches of grounded theory used in this research include the simultaneous collection and analysis of data, memo writing to construct ideas and integration of results into a UN!Child! Protection! Cluster!List! UNICEF! SCUK! IOM!UN! NGO!! IBESR! Child! Protection! Brigade! Government! Contacts! Other!
  28. 28. ! ! Belt,!2013! ! ! ! 28! theoretical framework (Denzin and Lincoln 2003). The theory encourages an inclusive analysis with a variety of information sources and encourages analysis during multiple stages of information gathering. This use of Law Policy and Evaluation Analysis to answer questions about the context for “social policies and programmes and the effectiveness of their delivery and impact” answered questions on government effectiveness (Ritchie 2003). Themes from key informant interviews were shared with the host institution, IBESR, in memos, which were later used to develop the coding framework in NVIVO 8. The transcribed transcripts were coded according to this framework. 3.2.3 Trustworthiness Grounded theory uses 3 criteria for judging the trustworthiness of a study, (1) Fit and relevance, (2) workability and (3) modifiability (Glaser 1967). The themes identified matched the topic guide and no adjustments were made to the topic guide as data collection progressed. There was difficulty in using two modes of analysis initially but they merged as the themes of vulnerabilities and types of trafficking (originating from the Grounded Analysis) matched well with the categories of responsibility identified through Legal and Policy Analysis. An experienced Haitian social worker, fluent in Haitian Creole, French and English provided translation. This assured good translation of technical terms in the field of trafficking/child protection in the Haitian context. Additionally, many French reports and documents required translation by the author for this report. Back translation by a native French speaker was provided for key quotes to ensure accuracy. Three methods of data collection strengthened data and provided triangulation, or the comparing of results across a range of methods in the analysis. (Mays and Pope 2000). Triangulation is an alternative to validation in social research (Denzin and Lincoln 2003). Over twenty interviews were performed across a diversity of child protection workers and incorporated as many views as possible. A variety of perspectives appeared from government, international workers, Haitian NGOs and members of the judiciary.
  29. 29. ! ! Belt,!2013! ! ! ! 29! Table 3.2 Range of key informant interviews Type of Interview Number Performed Academic (Child Trafficking Specialist) 2 Dominican Republic NGO 1 Haitian Government (Child Protection Agents of Officials) 4 Haitian Non-Government Organization 2 International Non-Government Organization (International and Haitian Staff) 7 Judiciary 1 Lawyer 1 Police 1 UN Agency 1 US Government Agency 2 Total 22 Source: Author All reviewed articles were highlighted and kept electronically in Mendeley and shared with key informants following submission to promote access to published and unpublished information. All transcriptions and recordings were kept in a secure drive to back up of all relevant information in case of theft or computer failure. All key informant interviews were kept confidential. 3.2.4 Limitations of the study The lack of the children’s voices is a limitation of the report. Research shows the importance of children’s agency in advocating for child rights and designing child protection programmes (CRC/C/GC/12 2009). Due to the sensitive nature of this research, it was not ethically appropriate to discuss trafficking with children or their families, however, there are strong qualitative research reports that discuss children’s thoughts and concerns in relation to trafficking in Haiti (Smucker 2004; PADF 2009; ICF 2010). Due to timing and resource constraints, only twenty-two key interviews were performed, although they represented a wide range of internationals, nationals,
  30. 30. ! ! Belt,!2013! ! ! ! 30! advocates and government officials. Additionally, Focus Group Discussions were not possible due to time and personnel constraints at organizations. 3.2.5 Ethical considerations Sources for this research included persons programmatically involved in child protection. Before interviews, key informants filled in a consent form and were made aware of the nature of the research and objectives. Four key informants chose not to be recorded. Names and organizations were protected. Due to the sensitive and criminal nature of trafficking, when interviewing key informants, they were not questioned the nature or specifics of criminal activity surrounding trafficking but on the government’s ability and resources used to assist and identify children who have been trafficked and evidence of arrests or prosecutions. The translator was a Haitian social worker familiar with the terms and context of the research. This added to the strength of information gathered in interviews and the consideration for professional difficulties for informants working with children who have been abused. ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
  31. 31. ! ! Belt,!2013! ! ! ! 31! Chapter 4: Results “They have to do all the hard work. While they are still children. They don’t have a chance to play, they don’t go to school, they are beaten up.” (H2, Haitian Government) In the results, the definition and types of child trafficking specific to Haiti are explained and the various governmental actors and associated activities and present the legal review presented. The subsequent discussion section will apply the framework of weak state challenges in counter-trafficking activities to the Haitian context and present steps made by the Haitian government during the three-year period of reconstruction since the 2010 earthquake. 4.1 Varying definitions and interpretations of trafficking The continuum of child trafficking as described by Smucker shows the difficulty in deciding at what point a child in Haiti is considered trafficked (Smucker 2004). Key informants had various definitions and interpretations of the term of “child trafficking.” The Palermo Protocol definition was frequently used but some US funded programs used the US Trafficking in Persons definition. The interpretations of the definitions also differed. “The definition of child trafficking is a situation in which a child is given to somebody for interests and the person would be abusing the child and that nothing is done to really protect the child” (H2 Haitian Government). “Our definition of child trafficking is any situation where a child is removed from its natural, biological family or analogous environment and placed in a situation of exploitation” (I1 International NGO). “By definition I would say that child trafficking is the vehicle by which a child, under 18 is brought from a situation of freedom to a situation of slavery” (17 Academic). “We need to use the US TIP definition because we have US funding” (H4 International NGO).
  32. 32. ! ! Belt,!2013! ! ! ! 32! Defining child trafficking in a French speaking country was challenging as “trait”, in French can be analogous to the term trafficking in English while the term “traffic” in French refers to the English term smuggling (PADF 2002). 4.2 Vulnerabilities to trafficking Many existing vulnerabilities to trafficking are tied to the states’ ability to offer basic services. Lack of access to basic services, socioeconomic conditions, and poor access to food were risks to trafficking identified in the interviews. “The issue is access to basic services in the poorer areas” (I6 International NGO). “First you have the economic situation of parents who cannot take care of the children” (H2 Haitian Government). “People do not perceive it as such a terrible thing because people are poor. If the child has access to a meal? What are we fighting? “ (I1 International NGO) Families assume their children will have a better life away from their present situation. Desperation leads them to believe putting the child elsewhere will improve their life chances, that any placement away from the family’s situation is an improvement. “They will have a better chance with somebody else because they know with them they know there is nothing they can do for the child. People take advantage of that” (H2 Haitian Government). “Moms and Dads in Haiti love their kids and under the promise of a better life, they feel like they don’t have a choice and they feel like the kid will be better if they do it. This is why they do it. This is the challenge” (H8 International NGO). Disasters increase the risk of trafficking because more families are made vulnerable and deaths in the family can leave children orphaned. Haiti is particularly susceptible to natural disasters. Frequent hurricanes and the 2010 earthquake were particularly devastating because of underlying vulnerabilities present in the population, including poor infrastructure, limited funds for use in emergencies, food insecurity and crops located in areas subject to flooding during hurricane seasons. According to
  33. 33. ! ! Belt,!2013! ! ! ! 33! information from GARR, “From 1990 - 99, Haiti has experienced 16 cyclones, and 7 droughts” (2009). Hurricane Jeanne, in 2004, reported to have left 200 orphans and 3,000 dead (Smucker 2005; GARR 2009). The number of orphans created from the 2010 earthquake is unknown, yet, there is evidence the loss of life affected the ability of parents to care for children and increased the number of children who lost a parent. “After the earthquake, so many children have been trafficked. Why then? Because it was a very fragile time, mothers, families lost most of their what they own, means. So many children also lost their parents and people around them take advantage of the situation and traffic them” (H13 Haitian NGO). Crop losses and damaged property that occur during natural disasters can leave families impoverished. (GARR 2009) These families are more likely to migrate or send their children to live with others. GARR reported a large influx of Haitian migrants to the Dominican Republic after the flood in Mapou and Fonds-Verrettes in May 2004. The floods estimated 1,414 missing and 1,261 dead and 2,399 houses destroyed (GARR 2009). Households who lose income are often unable to send their children to school or feed them, both risk factors for sending children to live with or migrate with others. Criminal networks take advantage of these survival tactics. “Today, Haiti has been a victim of a lot of catastrophes, they are going on and on and on. The earthquake and a lot of hurricanes. The network takes advantage of the vulnerabilities. Even in the kids homes, they took advantage after the earthquake to accelerate the process [of adoption]” (H9 Haitian Government). Criminal networks take advantage of trafficking opportunities when disasters strike because networks are both opportunistic and adaptable. Age, location and gender of the trafficked children is important information for planning intervention programs and identifying children at risk for trafficking. Haiti has no national database on trafficked children. Studies by NGOs provide information on particular areas of the country (Terres des Hommes 2013, World Vision 2011, PADF 2009). During interviews, informants discussed the relationship of a trafficked child’s age and their potential “use.” Children over 6 are considered, to be old enough to perform domestic labour by exploiters.
  34. 34. ! ! Belt,!2013! ! ! ! 34! “It varies because of what they need from the child. Lets say a child is wanted for illegal adoption perhaps 1-6 because they would have no other memories…For illegal sex activities, Another group is between 10-17. For physical work, prostitutions or gangs” (H8 International HGO). The preference for girls and boys differed according to purpose of their exploitation. For prostitution or domestic labour, girls are preferred. For other activities, the preference was for boys (working on the streets, in gang activities and on farms.) Boys are more likely to rebel than girls working in domestic servitude (PADF 2009). Figure 4.1 Origins of Restavek children Source: PADF 2009, 34 The long-term care for victims of trafficking is under researched but of concern for many key informants and for society. Trafficked children are often uneducated and suffer mental and physical abuse that make a return to society difficult. They may turn to crime or prostitution as adults if no intervention is available (UNODC 2008).
  35. 35. ! ! Belt,!2013! ! ! ! 35! 4.3 Types of child trafficking in the Haitian context Child trafficking in Haiti takes many forms: kidnapping, domestic servitude (Restaveks), illegal adoption, cross-border movement to the Dominican Republic (DR) or other countries. The numerous forms of trafficking further complicates efforts to prosecute, intervene and a care for the variety of victims. Figure 4.2 Types of child trafficking in the Haitian Context Source: Author There are differing forms of recruitment and exploitation. However, recruitment that preys on vulnerabilities in the population and exploitation are present in all forms of child trafficking in Haiti. 4.3.1 Kidnapping (unknown numbers) Kidnapping is the “unlawful detention of a person or persons against their will for the purpose of demanding for their liberation an illicit gain or any other economic gain or other material benefit; or in order to oblige someone to do or not to do something” (UNODC 2001). It is one of the most violent and obvious forms of trafficking. The child is taken forcibly from a situation and used to extort family members or others for money in exchange for the freedom or life of the child. Kidnapping((internal(or(cross1border)( Restavek((internal(traf8icking)( Illegal(Adoption((cross(border) (( Traf8icking(to(the(Dominican(Republic((for(domestic(labour,(prostitution,(illegal(adoption)( Traf8icking(to(other(countries((for(domestic(labour,(prostitution,(illegal(adoption)(
  36. 36. ! ! Belt,!2013! ! ! ! 36! “Kidnapping should also be a form of trafficking. If it is for 2 hours or several days. They are negotiating money and whether the person lives or dies“ (H10 Haitian NGO). In Cite Soleil, the result of kidnapping is often death. According to one key informant, children are killed when they are kidnapped because the kidnapper is usually someone known by the child’s family. There are also cases of kidnapping where children are brought across from Haiti to the Dominican Republic. 4.3.2 Restaveks (88,000-500,000) (EMMUS IV, UNICEF) “A child needs an adult but an adult needs a child“ (H13 Haitian NGO Worker) The definition and number of Restavek children vary. Children that live with other members of society, other than their parents, are not equivalent to a Restavek child. Children who move outside of the family or analogous unit into a situation of domestic servitude where they are treated differently from other household children are Restaveks. As described previously, many children live outside of their original homes or in their original homes without their parents. These children are treated on a continuum, some very well as a formal of informal adoption and some terribly, in a state of domestic servitude. Of all the forms of child trafficking in Haiti, the Restavek phenomenon is most studied. 4.3.3. Use of orphanages as boarding institutions/businesses There are two main concerns of the orphanages system in Haiti, (1) only a portion of children in orphanages are orphans and (2) a lack of orphanage regulation. Combine the two issues with corruption and an opportunity to exploit children for donations or illegal adoption and orphanages become an understudied accomplice to child trafficking in Haiti.
  37. 37. ! ! Belt,!2013! ! ! ! 37! Orphanages as boarding institutions There are an estimated 30,000 children in Haiti living in orphanages and 1% of children nationwide have lost both parents (EMMUS V 2013). Recent reports show that almost 80% of children living in orphanages have at least one parent (IRC 2012). Parents send children to orphanages when they cannot care for them or to receive better access to education. “It is a big problem because you don’t really know what an orphanage, what it is in Haiti … they are in an orphanage while they have parents at home. Can you call it an orphanage? I’m not sure” (H2 Haitian Government). Essentially, many orphanages are used as boarding institutions because of the lack of basic services in the form of education and food assistance. Only 200 of the 725 orphanages in Haiti are registered. Since many orphanages are funded by international donors, they do not depend on government registration or accountability for funding and “they do not have to collaborate and we have no control” (H9 Haitian Government). Shortly after the earthquake, the term “residential care centers” (RCCs) replaced the term “orphanage” to reflect the high number of non- orphans residing child homes in Haiti. Adoption from orphanages There are many adoptions of Haitian children to the United States and Europe. The percentage of illegal adoptions from Haiti is unknown and unstudied, however, the level of exploitation surrounding the adoption process combined with the paucity of regulation until the changes in procedures in 2011 set the stage for illicit activity. Further, the actions of the international community after the earthquake were contrary to the reaction in other disasters of similar magnitude worldwide. Instead of halting the adoption process following a disaster, as was done in the Asian Tsunami, adoption procedures in Haiti were relaxed and expedited (Atzet 2010; Hoffman 2011). The adoption system in Haiti changed dramatically with the signing and ratification of the Hague Convention in 2011 (post-earthquake). The implications of this change in law will be discussed at length in the legal review and discussion.
  38. 38. ! ! Belt,!2013! ! ! ! 38! Illegal adoptions are possible due to any fault in the process of adoption, from the choice of adoptive parents, to the consent of the children’s biological parent, or the orphanage placement itself. The network of legal assistance and orphanage owners in Haiti who may profit from a successful adoption, regardless of its legality, should create more skepticism than currently exists. An adoption costs between $10,000 and $25,000 in Haiti (US Embassy 2013; ABC News 2010; Christian Adoption Services 2013). Only $190 of this cost is related to the government approval process, the rest goes to the RCCs directly and to lawyers who prepare the adoption paperwork. Adoptive parents often pay for the child’s costs at the orphanage while waiting for paperwork which reduces the likelihood of a swift process as there is little motivation to send a child away who is earning money for the RCC. Payment to orphanages is largely unregulated and the US Embassy states there are no approved adoption agencies in the country (US Embassy 2013). “It is a lucrative business” (H2 Haitian Government) “Illegal adoption outside of Haiti from the orphanages. It is a business. Kids just disappear” (H4 International NGO) This “orphanage as business model,” in Haiti, uses adoptions as a way to generate income and is not beneficial for the child. Children are also recruited to orphanages to show need the need for more funding to visiting donors. This model constitutes exploitation of vulnerable children and is itself a form of trafficking. There is little control and regulation of orphanages in Haiti. International agencies usually cannot promote the institutionalization of children which reduces their programming in areas of orphanage regulation. IBESR made steps to regulate RCCs since the earthquake, resulting in a number of closures and proposals for more requirements in registering new RCCs. The ratification of the Hague Convention by Haiti in 2012 drastically changed the process for adoption for the better by early 2013. 4.3.4 Movement of children to the Dominican Republic (2,000 annually) Children may move with or without their parents to the Dominican Republic to seek education, healthcare or business opportunities on a temporary or long term basis.
  39. 39. ! ! Belt,!2013! ! ! ! 39! A portion of this movement is considered trafficking. Children move to the Dominican Republic for a variety of reasons, some of which can be beneficial to the child or the family. Some children cross to daily to go to school (Rhoades 2013). Haitian’s living along the border cross regularly for market days, to go to the hospital or to work. An estimated 1 million Haitians live in the Dominican Republic (Progressio 2013). There are four official crossings between Haiti and the Dominican Republic: (1) Malpasse (Haiti) – Jimani (DR), (2) Ouanaminthe (Haiti) – Dajabon (DR), (3) Anse-A-Pitre (Haiti) – Perdenales (DR) and (4) Belladere (Haiti) – Elias Pina (DR). Photo Caption: Haitian Child crosses the Haiti-Dominican Republic border for school Source: Amy Rhoades 2013 There are, however, more than twenty unofficial, unstaffed crossings and more than 720 kilometers of border which can be crossed easily on foot. Haitian immigration officials regulate the official border crossings while the Dominican Army regulates the
  40. 40. ! ! Belt,!2013! ! ! ! 40! Dominican side.4 The corruption and complicity of the Dominican army is well- documented by human rights organizations in Haiti, which claim bribes are accepted from the Dominican Army from traffickers and good and clothes are taken from in exchange for permission to cross the border. “There is a whole corruption issue on the border. Even though there is some surveillance. Once you pay the Dominican soldier, they let you go. Once you give them some money” (H10 Haitian NGO Worker). Children cross the border from Haiti to the Dominican Republic for schooling opportunities and move daily before the border opens and after is closes to avoid detection. This is known but overlooked by Dominican Army patrols along the border. Once enrolled in school in the DR, these children face a language barrier and trouble registering for exams.5 A report prepared by World Vision shows the uses of children living in the Dominican Republic and their origins in Haiti. Information from the report notes an increase in Haitians crossing the border since the earthquake (World Vision 2011). The study performed from May to December 2010 reported, “4,741 children tried to cross the border to the DR at one of the four official border points, more than half (2,477) were travelling in dangerous conditions (i.e. without documents, trafficking, smuggling, deported). At Malpasse border point, there were the highest incidences of child smuggling (247), and the third highest incidences of trafficking. (World Vision 2011, 1) Haitian children trafficked to the Dominican Republic are subject to a number of exploitive situations, the most common being domestic labour and selling goods on the street for small businesses. There is evidence from the report in an increase in the amount of sexual exploitation in the border regions not documented prior to the earthquake (World Vision 2011, 2). There are also reports that children are subject to organ trafficking in the Dominican Republic, although no specific cases have been confirmed (CNN 2010). !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 4 There is no Haitian army. Border control was previously performed by the Haitian army until its dissolution in 1995. 5 Correspondence with journalist in border region of the Dominican Republic
  41. 41. ! ! Belt,!2013! ! ! ! 41! “You have people getting children to the DR to use for sex, prostitution and you also have people …they try to get organs from some of the children for people who have money to pay” (H2 Haitian Government). Figure 4.3 Forms of exploitation of Haitian children in the Dominican Republic Source: World Vision 2011 Haitian children are deported frequently from the DR back to Haiti at a rate estimated to be ten children a day. One qualitative study reported, “For example, on the day we interviewed CESFRONT6 they collected 8 Haitian children for deportation – on the basis that they did not have any legal documentation on their persons. This was considered typical” (World Vision 2011, 3). Children in these instances are treated as criminals rather than victims of a crime, a violation of international legal protocols signed by the Dominican Republic. The Haitian government has agents at the official border crossing but few other agents to cover the large territory. There are also not resources to receive deported children at the border who may have been trafficked. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 6!CESFRONT, the DR agency responsible for integrated border security!
  42. 42. ! ! Belt,!2013! ! ! ! 42! 4.3.5 Evidence of other country movement Evidence of child movement to countries other than the Dominican Republic is not well documented and difficult to detect (IOM 2013). Brazil and other Latin American countries were mentioned as destinations for trafficked children in interviews. One trafficker attempted to take six children to Guyana and was arrested at the Port-au- Prince airport. The growth in other country movement coincides with the relative ease in generating fake copies of visas and the ability to move to Brazil with only a transit visa. “For Brazil, South America, Argentina, you don’t need to use a visa, you can have a transit visa and they are easy to make” (H21 Haitian Government). There are BPM agents at the border to check paperwork of children. IBESR added an “authorization de depart pour mineurs,” an authorization to cross the border with minors to add further protection for children traveling outside the country in 2013. Both mechanisms caught traffickers and prevented some illicit movement of children across the border. 4.5. Main programmatic actors Programmatic activities span sensitization, the identification of victims, intervention, reunification of children, arrest and prosecution. These activities are performed by a variety of governmental agencies outlined in Figure 4.4. The main governmental actor in the protection of children is IBESR, established by government decree in 1958 under the Ministry of Social Affairs and Labour (PADF 2007). Their mandate is to provide research on and protection to vulnerable families, individuals and children (Le Moniteur No. 31 1958). Their main activities today include child protection, adoption, prenuptial agreements and research into children’s issues. The Ministry of Affairs and Labour, which oversees IBESR, is responsible for support to vulnerable families, which, in 2013, is mainly outsourced to projects run by the Office of the President or Prime Minister and financed by the World Bank. The Brigade for the Protection of Minors is an elite Haitian National Police unit dedicated to children and a
  43. 43. ! ! Belt,!2013! ! ! ! 43! key actor in the fight against trafficking. (Le Moniteur No. 103 1994) The judiciary is the actor responsible for prosecutions. IBESR has three key departments (1) Administrative Direction, (2) Social Service Direction and (3) Social Defence. The latter is the most important for the prevention and control of child trafficking as it includes the “Service for the Protection of Minors” and the “Accompaniment of Minors” (Le Moniteur No. 82 1983). Figure: 4.4 Continuum of actors and program activities related to child trafficking Source: Author Figure 4.5 The organizational structure of IBESR in 2013 Source: IBESR 2013
  44. 44. ! ! Belt,!2013! ! ! ! 44! The legal right of IBESR to oversee and care for all children requiring protection was acknowledged in all key informant interviews during this research, even if later programmatic discussions revealed actions that contradicted this mandate (i.e. removing children from exploitive situations without IBESR agents). Usually, this happened only done in extreme cases. Legally, NGOs (Haitian and International) are required by law to have an IBESR agent present in the movement and placement of children (especially those exploited or abused.) “IBESR is the national organization responsible for child protection. They ensure that we do things according to the Haitian laws… They are the leader of the program” (I6 International NGO). A clear conclusion from the interviews of both governmental and international partners was the lack of financial resources IBESR has to carry out the legal mandate provided in Haitian law. Every key informant advocated provisioning IBESR with more resources. Of particular interest for international NGOs was the need for access to more IBESR agents for their own programming. NGOs require IBESR agents for their own programme activities and access to agents is a bottleneck for key child protection activities. Funding directly post-earthquake provided for IBESR agents to be assigned to NGOs but this funding was no longer available by 2013. “IBESR should be reinforced and should be given all the means it needs from the Haitian government or from the international community…If they care about children they really need to support IBESR because they have that responsibility by law to protect the children.’ (H2 Haitian Government) Decentralization Before the earthquake, IBESR was in four departments offering the service of pre-nuptial agreements. Post-earthquake, with support from UNICEF, IBESR expanded to every region but the West department for child protection activities (Port-au-Prince, where the national office is located).7 Attempts to place an office inside Cite-Soleil in the last year (2012 -2013) were unsuccessful. At the time of the writing of this report, there !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 7!Haiti!has!10!departments,!or!regions!
  45. 45. ! ! Belt,!2013! ! ! ! 45! are plans to decentralize many services to the department offices. The new requirement (added in 2013) to have travel papers for children has put pressure on the decentralization of IBESR services. Decentralization is key to providing services to the most remote and areas of the country susceptible to trafficking. The decentralization of physical offices to the departments and the expansion of department office mandates is a key and important strategy according to many informants. In interviews with employees of the decentralized IBESR offices, the importance of their work and their ability to be a place of refuge for abused children was clear, however, they complained about inconsistencies in pay. Figure 4.6 Decentralization: locations of IBESR in the 10 departments of Haiti Source: IBESR 2013 Despite the uniform support for IBESR as the entity mandated within the Haitian state to perform child protection activities, members of the child protection community did point out a number of difficulties and challenges for the organization. The main themes were a lack of presence in key areas and the level of training or motivation of certain staff. Informants noted higher levels of administrative staff as good collaborators
  46. 46. ! ! Belt,!2013! ! ! ! 46! and facilitators of good work. However, informants discussed the absence of IBESR present in key locations of concern for child protection. “They are not working in Cite Soleil. They are supposed to. They have two people, that have to work in Cite Soleil. No one has ever seen them” (I5 International NGO). IBESR is a key advocate for laws passed since the earthquake. The government ratified the Hague Convention in 2011 and proposed the anti-trafficking law in 2013. IBESR also compiled a book of child protection laws in 2013 and provided copies to lawyers, judges and advocates to further educate and advance legal issues for children in Haiti. 4.5.2 MAST The Ministry of Social Affairs and Labour (MAST) performs activities around the prevention of child labour in Haiti as well as a number of services related to labour and social services. Tension between MAST and IBESR on areas of overlapping mandate has a historical underpinning. MAST is seen as a largely political arm of the government. There is hesitance to build it as a ministry with a large mandate. Many MAST–mandated activities are performed outside of the Ministry or by IBESR. 4.5.3 BPM The Brigade for the Protection of Minors (BPM) is a section of Haiti’s police force focused on children. UNICEF and the French Cooperation assisted the beginning of BPM in 2003. (USAID 2007) BPM addresses crimes against children and by children, such as child rape, theft by children, murder, school beatings and trafficking. They also offer protection to runaways and lost children (Smucker 2005). There is evidence that “street children and gangs voluntarily come to the Brigade headquarters to ask police officers to mediate their internal conflicts” (Smucker 2005, 9). This is a change from normal interactions between street children and the Haitian National Police, which historically, had a very poor relationship. BPM monitors the border and airport for potential victims of child
  47. 47. ! ! Belt,!2013! ! ! ! 47! trafficking. IBESR uses BPM to make arrests in child abuse cases, in closing of orphanages and are often referred to as the “armed hand of IBESR.” 4.5.4 Other Actors The National Office for Migration (ONM) and Civil Protection (OPC) in Haiti are both important government entities in protecting children from trafficking but perform limited activities related to the protection of children from trafficking. ONM could track repatriated children and their mode of original movement and potential trafficking (by land, sea, with parents, alone etc). The OPC is a key player in disaster risk reduction and could provide more services for child protection services during emergencies such as safe spaces. 4.6 Main activities There are a number of program activities that span the protection and care of trafficked children, namely, prevention, sensitization, identification of victims, care of victims and family reunification. 4.6.1 Prevention Trafficking prevention includes both mitigating vulnerability to trafficking by improving access to education and food and programs that raise awareness of the dangers of trafficking to people living in vulnerable areas of the country. Reducing the risk factors There are key programs, instituted since the earthquake, that target vulnerabilities to trafficking such as the launch of universal primary education and a number of food assistance programs such as Ede Pep, Aba Grangou8 and Ti Manman Cheri. The First Lady, Sophia Martelly began a “National Committee against Hunger !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 8 “Aba Grangou” inspired by the “Zero Hunger” programme of President Lula of Brazil
  48. 48. ! ! Belt,!2013! ! ! ! 48! and Malnutrition,” (COLFAM) which was established with representatives from the Office of the President, the Office of the Prime Minister and nine ministries” (UN Human Rights 2013). There are few analyses of the impact of these programs to date, however, the Ministry of Education states that 1 million children already in school receive tuition assistance and over 2.2 million children are currently in school compared to 2.1 million enrolled in school pre-earthquake, despite almost 4,000 force school closures due to earthquake damage. Raising awareness/sensitization UNICEF, IOM, World Vision, IRC and other Haitian and international non- governmental organizations raise awareness about the dangers of trafficking in vulnerable communities. The awareness raising activities, or sensitization, occurs at the community level and at the local government level. Informants expressed a limit to the impact of sensitization activities in trafficking preventing because of poverty. “The socioeconomic situation of the vulnerable population has become so dire that no matter how often that we insist that things could be worse it is very difficult for them to imagine" (I1 International NGO). Some families are so desperate they choose to send their child away despite advice to the contrary. Since the provision of basic food or schools fees is not always a possibility, it seems reasonable to target traffickers for prosecution to deter them from taking advantage of vulnerable families. “If we had one case, that was well publicized that resulted in a conviction. That would be worth more than 100 hours of radio spots nationwide” (I1 International NGO). Family planning was also mentioned as a trafficking prevention strategy. Mothers with many children are under more economic stress and studies show having a large family is a risk factor to child trafficking the Haitian context (GARR 2009). Key informants proposed a collaborative approach with different government ministries include the Ministry of Health (MSPP) to integrate family planning activities as part of counter-
  49. 49. ! ! Belt,!2013! ! ! ! 49! trafficking initiatives. A committee of relevant ministries is included in the proposed anti- trafficking legislation (Francois 2013). 4.6.3 Identification The identification of victims of internal and external trafficking is very different. There are no formal measures beyond border control that can identify victims of external child trafficking in other countries. Typically, if they are identified, it is by NGO workers or child protection agents of the destination country. Identifying internal trafficking victims can occur during community awareness-raising activities, referrals from local officials, the use of hotlines to alert IBESR to potential victims and the collaboration of government and NGO agents working in the community. “When you start sensitization people will tell you. We have communities talking about it. They will say they know there is a family who has a child like this” (I6 International NGO). An international NGO worker describes the rationale for identifying a child living in domestic servitude, “Usually it would be the first step would be 1) is this your biological child 2) why is this child in the street on a school day and not in a school uniform carrying water 3) do you have biological children and the fourth question is 4) do you have biological children, if so, where are they? And when the answer is “they’re in school” already it is kind of a done deal.” (I1 International NGO) Other identification tactics include watching and speaking with children at water distribution points during school hours and taking attendance at afternoon school sessions. Schools in Haiti have a morning and afternoon session and the morning school is seen as preferable. Children who are Restaveks are more likely to be in afternoon sessions, if they are in school and are often unable to attend if their chores are not finished. Child protection agents take role call and check school attendance rates in order to identify children that may potentially require assistance. IOM assisted 1477 cases since 2005 and categorizes them by the level of vulnerability (red, yellow, green): Red is very vulnerable (10% of cases) and requires monthly follow up visits.
  50. 50. ! ! Belt,!2013! ! ! ! 50! 4.6.4 Reunification Caption: Picture of family reunification Source: International Rescue Committee Reunifying child trafficking victims with their families is a challenging part of child trafficking programming and begins with locating the child’s family. The child can be trafficked far from their original home. Often, the victim’s families’ vulnerable state has no improved since the child was sent away and is not stable enough for the return, especially as the child may be in poor physical or mental health as the result of their exploitation. For this reason, reunification of trafficked children with their parents usually includes a number of resources such as livelihood development, economic support and education fees paid or offered by the agency reuniting the family. The three main challenges for reunification are the lack of standardization of reunification packages to families, families refusing children and the lack of funding opportunities for this very resource intensive part of child protection. “There isn’t a national strategy of standard package or reunification so families have different expectations” (I1 International NGO). “I have gone to places where mothers say ‘I cant feed her you have to go with her’ and my agents are like ‘he or she is not our child. Its your kid,’ and the mother goes ‘no no go away with her I already have three’” (I3 International NGO).
  51. 51. ! ! Belt,!2013! ! ! ! 51! There are some reports of reunification programs being halted because the communities are taking advantage of return packages by sending their children away, hoping for the benefits of the reunification packages and families requesting the benefits of superior packages because of a lack of standardization. Locating the child’s family is challenging and further complicated by the division of child protection agencies in different parts of the country. Following the earthquake, the major child protection agencies were divided into different areas to avoid overlapping programs. “The thing is, it is also difficult because they work in different areas. You can only work in your area. If you refer someone to Port-au-Prince we cannot intervene we can just refer the case” (I6 International NGO). The lack of a referral system between agencies and the small number of agents at IBESR further complicates referrals between organizations during family reunification activities. Chapter 5. Legal review Reviewing and analyzing Haiti’s national laws is an important component in determining the capacity of the Haitian state to prosecute trafficking. Key informants were asked about existing laws (international and national) and potential legislation. The research question is whether the state has the right tools to be used by the judiciary and if the judiciary can implement them. 5.1 Existing legislation and its application to child trafficking Since the earthquake, a number of conventions and agreements were signed to support for counter trafficking, namely, the Hague Convention (2011) and an agreement signed in June 2011, between the Ministry of Social Affairs and Labour, the US State Department and the Brazilian Ministry of External Relations with the assistance of the ILO. The latter is a “triangular cooperation agreement to eliminate child labor in Haiti”
  52. 52. ! ! Belt,!2013! ! ! ! 52! (ILO 2012, 1). The first anti-trafficking law, to ratify the Palermo Protocol, was presented to the Haitian legislature for consideration at the time of the writing of the report. Prior to the earthquake, in 2005, Haiti signed the Palermo Protocol of 2001 and ratified a number of other important protocols related to trafficking. Specifically, Haiti signed the ILO Convention for the Elimination of the Worst Forms of Child Labour (Convention 182) in July 2007 and the Minimum Age Convention (Convention 138) in June 2009, both of which prohibit child slavery and protect the right of children to have access to free basic education (ILO 2012, 1). Box 5.1 Haiti’s Constitutional Articles related to trafficking Source: Author According to the constitution, all signed international laws are in Haiti at the time of signing (before ratification). In reality, signed but not ratified laws are less likely to be prosecuted because they are not in Le Moniteur nor included in the penal code. International Conventions and National laws are presented in categories related to child trafficking in Table 5.1. Box 5.2 Law and mandates for key Haitian government child protection actors Source: Author Constitution of 29 March 1987 Article 259: The state protects the family, the fundamental base of society Article 261: The law assumes the protection of all children. The child has the right to love, affection, the understanding, and moral care and materialized of their father and mother. ! IBESR:(Institute(for(Well1Being(and(Research:(13!February!1958!Le!Moniteur!!No.!31!4!March!1958! Article!126:!Adoption!Service!1983!Le!Moniteur!!No.!84!24!November!1983! ( BPM:(Brigade(for(the(Protection(of(Minors:!29th!November!1994,!Le!Moniteur!103!of!December!28!1994! !
  53. 53. ! ! Belt,!2013! ! ! ! 53! Table 5.1 Ratified international conventions by Haiti and Haitian national laws relevant to child trafficking Category of Law International National Protection of the family Guardianship is with the Mother and the Father Article 330, 22 December 1944 The Rights of Children UN Convention on the Rights of Children (1958) 16 January 1979 (signing) Mon No. 20 March 8 th 1979 23 December 1995 (ratification) Mon No 21 13 Mars 1995 InterAmerican Convention on the Rights of Man (1969) InterAmerican Convention on the Rights of Man 22 Nov 1969 Art 6 (Free from slavery) Art 7 (Liberty and rights) Art 11 (Protection of dignity) Art 17 (Protection of the family) Art 19 (Rights of the child) International Pact – Civil and Political Rights Decree 23 November 1990 (signed) Mon No 2 3 January 1991 Child Work Convention de ILO 182 concerning the elimination of all forms of child work (2007) Decree by the National Assembly (2007) Convention to prevent all forms of child work Convention against the worst forms of child labour (1999) Decree of the National Assembly 14 May 2007 (ratification) Mon No. 58 19 June 2007 Age minimum for work and protection for l 13 July 1956 27 October 1919 Mon no 95 September 6 th 1956 Additional UN Convention 14 th May 2007 Mon No 56 15 June 2007 1973 (p 286) Trafficking of children Palermo Protocol (2001) Signed (2005), Not-ratified **Anti-trafficking law before parliament at the time of writing (2013) Additional UN Protocol against the transnational trafficking of persons (2009) Trafficking of Children Decree of National Assembly 12 January 2004 Inter American convention against trafficking in minors Ratified (2003)
  54. 54. ! ! Belt,!2013! ! ! ! 54! (1994) Law for the elimination of all forms of abuse, violence, maltreatment and inhuman treatment of children (2001) Additional Protocol UN Convention Against Transnational Crime Mon No 51 11 July 2005 Prostitution of children Convention for the repression of trafficking of humans for exploitation and trafficking (1950) Ratified (1952) Protocol, Prostitution of Children and Pornography Decree National Assembly in August 2002 (Ratification) Mon No. 51 July 2005 Kidnapping Law against kidnapping and hostages of persons Lower chamber passed on January 22, 2009 Mon 20 March 2009 Adoption Hague Convention Signed (2011), Ratified (2012) Adoption procedures 25 February 1966 Mon, No 22 18 March 1966 Decree of adoption (1974) Regulation of Orphanage Regulation of children’s homes 12 December 1971 Mon No. 16 March 1972 9 Source: Author Table 5.2 includes laws in the penal code available to prosecute in cases of trafficking and child exploitation. Although there are penal codes to cover illegal movement and many forms of child exploitation, they do not explicitly refer to trafficking. The Independent Commission of Human Rights, in 2013, discussed the difficulty of prosecuting cases when children are voluntary given to traffickers by their parents (under false pretexts), since they cannot prosecute them as kidnapping. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 9!Laws!are!passed!from!the!Senate!to!vote!and!then!to!the!Lower!Chamber!and!to!the!president’s!office!when! they!are!passed!to!be!published!publically!in!Le!Moniteur!(Mon).!The!dates!in!the!table!reflect!the!date!they!are! voted!and!the!date!made!public!depending!on!available!information.!
  55. 55. ! ! Belt,!2013! ! ! ! 55! Table 5.2 Penal code references relevant to trafficking Source: Author 10 According to many key informants the ratification (inclusion of provisions in the penal code) and education of all members of police and judiciary about the existing laws are important. “The laws are not the problem it is the implementation of the laws that is really problematic…The government or the parliament ratifies the convention and vote laws but they never made the changes in the penal codes or they don’t really change how it is taught in the police academy” (I6 International NGO). The existing laws against exploitation of children do not result in a numerous prosecutions; however, this may be due to the weak judiciary system. The lack of application shows a need for a more explicit law. The Palermo Protocol is not ratified in Haiti. The ratification of this law would likely remove Haiti from the Tier 2 Watch where it currently resides on the US Department of States’ Trafficking in Persons Report. According to the TIP report 2013, “Haiti does not have a law or laws specifically prohibiting trafficking in persons.” (US Department of State 2013) It notes that there are laws that could be used in cases of trafficking, “such as the Act on the Prohibition and Elimination of All Forms of Abuse, Violence, Ill-treatment or Inhumane Treatment against Children of 2003 but are not” (US Department of State 2013). Key informants expressed the desire to prosecute traffickers, which has not occurred with the current legislation. They believed the prospect of prosecution would act as a deterrent to criminals. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 10 Information from IOM correspondence Penal Code Article Kidnapping 300, 303 Hostage Taking 289, 293 Rape 279 Prostitution of Minors 282, 293 Production of fake passports 115 Irregular or illegal travel Decree of 17 November 1980 Child Labor 332 340
  56. 56. ! ! Belt,!2013! ! ! ! 56! “The state should give itself the means to crack down on these people and really enforce the law and set some examples to deter people from treating children this way” (H2 Government official). “The lack of legal framework because, in Haiti, if the justice system does not see a line that says specifically this is trafficking…we have nothing” (I6 International NGO). “It is about applying the laws. We have them” (H9 Haitian Government). According to the US Department of State Trafficking in Persons report, the Brigade for the Protection of Minors documented 94 cases of child trafficking and arrested 15 adults, which were sent to state prosecutors. Their research and the research of this report found no evidence of any trafficking prosecution with the exception of the prosecutions made against kidnappers. According to the Department of State, this raises, “serious concerns about accountability for human trafficking in Haiti” (US Department of State 2013). All signed conventions, according to the Haitian constitution become law, making trafficking illegal through the signing of the Palermo Protocol, but it is clear that the lack of clarity in the penal code makes these laws difficult to prosecute. 5.1.2. The legalization of child labor and its dissolution The most ambiguous law regarding child labour was eliminated in 2003. The Decree of February 1984 declared that children could practice domestic work in Haiti as long as the adults have a “permit issued free by the management” of IBESR. The law aimed to ensure children used in situations of domestic labour were provided with schooling, health services, free time and “the prohibition of inflicting mental torture or corporal punishment under the pretext of punishment” (MAST 2002). The perception of the law by child advocates was that the law made legitimate a wrongful situation for children and in June 2003 the law was eliminated. Some informants in 2013 claimed that at least under the law, they had a way to track the number of children living in domesticity, where presently, the problem is more hidden and undocumented.
  57. 57. ! ! Belt,!2013! ! ! ! 57! 5.2.2 Other laws affecting child trafficking There is a new law to mandate child support by fathers and an older law that states that parents are the sole guardians of their children. Key informants discussed these two laws and their relevance to trafficking. The law mandates child support payments and equality for children born within or outside of wedlock. This law is not widely known and has yet to be published in Le Moniteur, which is the last step in publicizing the law. This would support single-mother households at risk for child trafficking. “To decide to place a child somewhere they should be a decision by a judge but IBESR does it without a decision from the court” (H20 Judiciary). A decree in 1982, places the responsibility of a child with its parents. The parents do not have the right to give away their children, according to one key informant; the state needs to be involved in the alternative placement of a child. However, the practice of going through formal adoption or foster care is not common. 28% of adoptions of Haitian children happen within Haiti (Smucker 2005). There is no foster care system operated by the courts. A pilot foster care program is scheduled for 2013 by IBESR in collaboration with UNICEF and Terres des Hommes. IBESR hopes to expand this program to regulate the informal foster care system prevalent in Haiti. Involving actors outside of the parents would create an administrative process around child placement through IBESR or the judiciary and reduce child trafficking. 5.2 Proposed anti-trafficking legislation Proposed anti-trafficking legislation would ratify the Palermo Protocol and explicitly prohibit and punish the trafficking of adults and children. A draft of the legislation existed since 2007 and was not put before the legislature until 2013. The first proposal of anti-trafficking was as a “project of law”, by Deputy Malherbe Francois, a former member of the Social Affairs Committee. Presented in June 2013 and later revoked for additional comments, the Ministry of Social Affairs and Labour intends to introduce the law to vote before the end of 2013. Deputy Malherbe’s introductory letter provides an argument for the passing of the law. He states,
  58. 58. ! ! Belt,!2013! ! ! ! 58! The proposed legislation institutionalizes the prevention and the fight against trafficking of persons and will allow government to put in place a strategy to fight against this plague…The violation of human rights are at the same time are a cause and a consequence of traffic of human beings… The Republic of Haiti does not have any appropriate legal tools to fight certain crimes and certain infringements committed in the context of the traffic of persons. There is a judicial vacuum in this domain…(Francois 2013, 2) The draft law further explains the type and nature of trafficking and the proposed consequences, of 7 to 15 years in prison or longer for egregious cases (Francois 2013). In Haiti, a successful prosecution does not lie only with the law. The justice system in Haiti, weak from years of corruption and lack of judicial independence, will be a determining factor, regardless of the successful voting of the proposed anti-trafficking legislation. 5.3. Judiciary The judiciary in Haiti is very weak and often lacks independence from political party influence. Judges are threatened and bribed. According to the UN Human Rights report, Michel Forst says he was “struck by reports from judges who deal with serious crimes that they fear being subjected to reprisals by defendants in the cases before them. Several judges reported that they were unable to dispense justice calmly, because of explicit threats made against them or their families” (2013, 2). The recommendation by the report was to provide members of the judiciary with extra protection, but with the current staffing level of only 1 Haitian National Police officer per 1000 people, the resources to provide security is unlikely. Additionally, the report states evidence of appointments or removal of judges for political purposes. Key informants expressed the priority to educate the judges and lawyers about the anti- trafficking law. Some local organizations have educated judges and government officials on key issues such as trafficking. In the last few years, the Haitian chapter of the International Association of Women Judges organized training on women’s and child issues country-wide.

×