Written Paper - Child Migration & Human Rights in a Global Age

WRITTEN PAPER

In this paper I’m going to explore the topic already discussed in class, which

concerns the significantly complex issue of child migrations. Indeed, in order to

develop my discourse, I’m going to primarily refer to the reading I was assigned,

consisting of an extract of the book entitled “Child Migration & Human Rights in a

Global Age”, written by Jacqueline Bhabha, although with the support of additional

sources. Firstly, it should be noted that the one of child diasporas is not a

homogeneous, monolithic phenomenon: in fact, it presents itself in an extremely wide

variety of forms and grows in different terms, also depending on specific factors,

such as culture, environment, morals. The section I decided to deepen revolves

around moving children with the scope of trafficking and military recruitment, other

than the search for a better life. Although child trafficking and enlistment feature

several differences, from certain points of view, they show some analogies as well,

beginning from the assumption that in both cases abusers tend to leverage children’s

vulnerability and to take advantage of that, in order to achieve their illicit objectives.

Another crucial element, which, in most cases, lies behind both the phenomena, is the

scenario of degradation and indigence the minor comes from. Although ongoing all

over the world, it is clear that these unlawful activities are more likely to find fertile

ground in inadequate cultural, social, economic backgrounds. In both cases, the

victims find themselves in a position of extreme weakness: regardless of the

improvements achieved over time, the issue is far from being solved.

As professor Yvonne Rafferty points out, in an article published in the American

Journal of Orthopsychiatry, “child trafficking, including commercial sexual

exploitation (CSE), is one of the fastest growing and most lucrative criminal activities

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in the world” . Indeed, despite the lack of accuracy related to the complexity of the

phenomenon, which makes gathering information challenging as well, the estimates

appear far too high not to arouse concern. According to a report of the United Nations

Office on Drugs and Crime, worldwide at least 20% of the victims is represented by

1. Y. Rafferty (Pace University), Child Trafficking and Commercial Sexual Exploitation: a Review of

“

Promising Prevention Policies and Programs, American Journal of Orthopsychiatry”, Volume 83, No.

IV, 2013, p. 559.

2. Italy, Civil Court [Tribunali], Applicant v Ministry of Interior (Territorial Commission of Bologna),

6946/2019, 8 April 2022.

3. EUAA (European Union Agency for Asylum), Situational Update, Issue No. XVII, March 2023,

https://euaa.europa.eu/sites/defaultfiles/publications/202303/2023_victims_human_trafficking_EN.pdf,

p. 4.

4. C. Harrouk, Refugee Camps: From Temporary Settlements to Permanent Dwellings, ArchDaily, 2020,

https://www.archdaily.com/940384/refugee-camps-from-temporary-settlements-to-permanentdwellings.

5. J. Richmond, The Root Cause of Trafficking is Traffickers, Human Trafficking Institute, 2017,

https://traffickinginstitute.org/the-root-cause-of-trafficking-is-traffickers/.

6. United Nations Office on Drugs and Crime, Toolkit to Combat Trafficking in Persons. Global

programme against trafficking in human beings, Tool 9.8, Volume XIV, 2008, p. 470.

7. P. N. Zena, The Lessons and Limits of DDR in Africa, Africa security brief. A publication of the Africa

center for strategic studies, No. XXIV, 2013, https://africacenter.org/publication/the-lessons-and-limits-

of-ddr-in-africa/, p. 3.

minors, not to say that they amount to the majority in under – developed countries,

especially in Africa. The most accredited notion of trafficking, defined by the

Palermo Protocol, assumes that, in order to talk about “trafficking”, specific

requirements need to occur: taken action, including induced or assisted movement

(harboring, displacement, transportation), the use of coercion, not necessarily in the

case of minors, and a purpose of exploitation. As a consequence, multiple categories

shall be included in this wide area, starting from trafficking for sexual and labor

profiteering, heading towards minor forms of slavery and organ trade.

Chapter IV of the book highlights the instruments conceived to curb uncontrolled

trafficking system and to enhance protection of child victims, distinguishing two

different schemes. On one hand some scholars believe that the most efficient course

of action would be to bring those abused within the asylum procedure, so as to allow

them to gain a lawful permanent status. This solution finds its basis on the risk, for

the child, to be repatriated and to face, once returned to their place of origin, even

worse consequences, including violence or the reiteration of the process already

suffered. This approach was followed by some courts in different countries. A report,

carried out by the EUAA, mentions, among others, two cases addressed by civil

courts in Italy. The first one concerned two trafficked Nigerian women, who were

acknowledged protection, after having endured sexual abuses, on the fear of them

being re – trafficked or sent back to the native country. The second one, revolving,

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instead, around a male trafficking victim, was undertaken by the tribunal of Bologna ,

which “excluded the applicant from refugee protection (…), however concluded that

the applicant was eligible for subsidiary protection because in case of return to

Nigeria he could experience inhuman and degrading treatment by his uncle,

according to his background as victim of human trafficking. The Tribunal found

credibility elements in the applicant’s statements based on the updated country of

origin information regarding human trafficking and slavery of male Nigerian and

concluded that the trafficker represented a danger for the applicant that could face a

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risk of retaliation if he did not receive international protection” . However, the

1. Y. Rafferty (Pace University), Child Trafficking and Commercial Sexual Exploitation: a Review of

“

Promising Prevention Policies and Programs, American Journal of Orthopsychiatry”, Volume 83, No.

IV, 2013, p. 559.

2. Italy, Civil Court [Tribunali], Applicant v Ministry of Interior (Territorial Commission of Bologna),

6946/2019, 8 April 2022.

3. EUAA (European Union Agency for Asylum), Situational Update, Issue No. XVII, March 2023,

https://euaa.europa.eu/sites/defaultfiles/publications/202303/2023_victims_human_trafficking_EN.pdf,

p. 4.

4. C. Harrouk, Refugee Camps: From Temporary Settlements to Permanent Dwellings, ArchDaily, 2020,

https://www.archdaily.com/940384/refugee-camps-from-temporary-settlements-to-permanentdwellings.

5. J. Richmond, The Root Cause of Trafficking is Traffickers, Human Trafficking Institute, 2017,

https://traffickinginstitute.org/the-root-cause-of-trafficking-is-traffickers/.

6. United Nations Office on Drugs and Crime, Toolkit to Combat Trafficking in Persons. Global

programme against trafficking in human beings, Tool 9.8, Volume XIV, 2008, p. 470.

7. P. N. Zena, The Lessons and Limits of DDR in Africa, Africa security brief. A publication of the Africa

center for strategic studies, No. XXIV, 2013, https://africacenter.org/publication/the-lessons-and-limits-

of-ddr-in-africa/, p. 3.

appliance of this system to children has encountered numerous obstacles, starting

from the dominance of an adult – centered perspective up until the lack or inadequacy

of evidence, due to the difficulty for them to provide sufficient information as proof

of their persecution.

The asylum procedure, characterized by countless impediments, has proved to be

rather impractical also in the case of children migrating for survival to flee

persecutions, conflict, political turmoil. First factor of uncertainty is represented by

the absence of adequate legal representation, not to mention the difficulties children

have to face when trying to demonstrate they meet with specific requirements, such

as age. Furthermore, the majority of those refugees who are acknowledged a form of

protection but not a permanent status ends up living in overcrowded camps, where

they are usually left waiting for an indefinite period of time. It can be observed that

these facilities constitute a sort of “paradox” within this scenario: created in principle

as a short – term solution to ensure refugees temporary care and protection, in the end

they turn out to be treacherous fuelers of the system of children exploitation. In fact,

according to an article contained in an online platform concerning architecture,

“facing a lot of challenges like a lack of sufficient water supply, harsh climate,

poverty, amongst others, they quickly become alienated slums. Dense, in order to

reduce the sprawl and the appropriated space, these camps fail miserably security-

wise as they grow older and bigger. A breeding ground for diseases and violent

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crimes, they become closed, impenetrable, and dangerous territories” Within this

.

framework, where migrants find themselves in a vicious circle of desperation and are

basically deprived of their rights, it goes without saying that solicitation of minors is

facilitated.

Conversely, dealing with this severe issue outside the asylum system appears

particularly challenging, since it must be recalled that trafficked minors are,

commonly, from a legal point of view, unauthorized migrants. Indeed, they lack a

proper documentation, including a visa or other legitimate immigration status.

1. Y. Rafferty (Pace University), Child Trafficking and Commercial Sexual Exploitation: a Review of

“

Promising Prevention Policies and Programs, American Journal of Orthopsychiatry”, Volume 83, No.

IV, 2013, p. 559.

2. Italy, Civil Court [Tribunali], Applicant v Ministry of Interior (Territorial Commission of Bologna),

6946/2019, 8 April 2022.

3. EUAA (European Union Agency for Asylum), Situational Update, Issue No. XVII, March 2023,

https://euaa.europa.eu/sites/defaultfiles/publications/202303/2023_victims_human_trafficking_EN.pdf,

p. 4.

4. C. Harrouk, Refugee Camps: From Temporary Settlements to Permanent Dwellings, ArchDaily, 2020,

https://www.archdaily.com/940384/refugee-camps-from-temporary-settlements-to-permanentdwellings.

5. J. Richmond, The Root Cause of Trafficking is Traffickers, Human Trafficking Institute, 2017,

https://traffickinginstitute.org/the-root-cause-of-trafficking-is-traffickers/.

6. United Nations Office on Drugs and Crime, Toolkit to Combat Trafficking in Persons. Global

programme against trafficking in human beings, Tool 9.8, Volume XIV, 2008, p. 470.

7. P. N. Zena, The Lessons and Limits of DDR in Africa, Africa security brief. A publication of the Africa

center for strategic studies, No. XXIV, 2013, https://africacenter.org/publication/the-lessons-and-limits-

of-ddr-in-africa/, p. 3.

Therefore, although some nations, for instance Belgium, turn out to be more

protective than others, having ra