This chapter of the thesis presents an overview of research and data on children trafficking that are gathered through reviewing different works and studies done by individual scholars, specifically, on Children Trafficking and human trafficking, at general. In the course of reviewing the related literatures a thorough consideration is given to show the research gaps which is not addressed by previous works and researches done on the issue of children trafficking. While reviewing the literatures an effort is made to relate the contents of this part of the paper with the objectives and the research questions of this particular study, for it create an opportunity to show the thematic areas which are not covered by the previous studies and factors affecting children trafficking in study areas.
2.1 Key Concepts and Definition of Terms
Human trafficking is one form of migration, and migration is a response made persons to cope up with different economic, social and political crises. The term human trafficking lacks a common definition among scholars who are working on the field. Also, human trafficking is such a contested term which is confusingly related to different terms. Such related concepts as migration and migrant smuggling. So in this section of this thesis, those related concepts and terms will be defined and discussed. A working definition of trafficking in persons in general and children trafficking will be also given in this section.
2.1.1. Human Trafficking
Due to the complicated and clandestine /secret nature of human trafficking, it is difficult to find a concise definition of human trafficking, which is agreed up on scholars, policy makers and researchers in general. Although there is no a common consensus among scholars on the definition of human trafficking, many researchers use the definition provided by the United Nations. For reducing the possible controversies on the existing definitions of the term as well as to frame the scope of the research, the same definition given by the United Nations is also usedin this particular study. According to article 3 (a) of the United Nation’s protocol of traffickingin humans, the term human trafficking is defined as:
Human trafficking shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of a 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs(UNODC 2008: 2).
AS the term migration defined by the international organization for migration (IOM), it is a process of moving, either across an international border, or within a State. It is a population movement, encompassing any kind of movement of people, whatever its length, composition and causes; it includes migration of refugees, displaced persons, uprooted people, and economic migrants (IOM 2004: 41).
Migration is not a new concept to human civilization. Since life started on earth human beings have crossed national and international borders looking for better life, education and asustainable and well paid work. In addition to humans other animals like birds also migrate from one place to another in search of food and water. Animals? migration is guided or facilitated by seasonal changes and other natural occurrences. They are lucky for their migration is not guided by travel agents or traffickers. If it were the case they would be trafficked and end up inexploitation like human beings (Singh ; Singh 2013: 485).
2.1.3. Migrant Smuggling
According to article 3 (a) of the UN migrants protocol smuggling of migrants is defined as that Smuggling of migrants shall mean the procurement in order to obtain directly or indirectly a financial or other material benefit of the illegal entry of a person in to a State Party of which the person is not a national or a permanent resident (UNODC 2008: 3).
2.1.3. Similarities and differences of these related concepts and terms
Despite migration is not always necessary for trafficking to occur, there is a close relationship between the two. Human trafficking can be seen as one form of migration in the case of transnational trafficking which involves the movement of persons across international borders. However, there are cases where individuals fall victims of trafficking in their home or locality without the need to migrate to another place.
Though there is some common characteristics between migration and human trafficking, trafficking of human beings is totally different from smuggling of migrants. The similarities are quite clear, since both of these activities are forms of illegal immigration, engaging with the transportation of human beings from one place to another for the purpose of getting profit. But generally people do not make a difference between these two concepts. Sometimes, human trafficking is confused with human smuggling that involves facilitation, transportation, attempted transportation or procurement of an illegal entry of aperson into another country of which he/she is neither a citizen nor a permanent resident, for the purpose of financial or material benefits (UNODC 2008: 4).
There are basic differences between trafficking in persons and migrant smuggling. Consent between the smugglers/traffickers and a migrant is the first element that differentiates trafficking from smuggling. Human trafficking involves different forms of exploitation of the victims without the consent of the victims or a consent obtained under coercive, deceptive or abusive actions. Smuggled migrants totally agreed to be smuggled. Migrant smuggling always has atrans-national dimension involving at least two countries. But in case of trafficking it can be within the borders of a particular state. Trans Nationality therefore is another element that differentiates trafficking from smuggling. Exploitation is also another source of difference. Smuggling does not necessarily involve the exploitation of the migrant. Migrant smuggled generally consent to the smuggling and the process is a commercial transaction which ends after the border is crossed. In contrast trafficking involves an ongoing process of exploiting the victim.Traffickers also generate profit from the exploitation of the victims (UNODC 2008: 4-5).
In general the basic differences between trafficking and smuggling can be summarized as that, human trafficking is higher level of exploitation than human smuggling. Trafficking can beinter-state or intra-state where as smuggling is always of crossing of international border. For the most part smuggling abuses the rights of the state by breaking the laws of the state and international agreements since the smuggled person has agreed to the smuggling process, whereas trafficking is a crime against both humanity and state where the trafficked person is victim. Trafficking contains an element of force, coercion, fraud etc. but the person being smuggled is generally cooperating. In trafficking, trafficked person is enslaved, subject to limited movement or isolation, or had documents confiscated but in case of smuggling the smuggled person is free to leave, change jobs etc (Singh ; Singh 2013: 489).
2.1.4. Definition of operational terms related to child trafficking
In 1994, the United Nations General Assembly defined child trafficking as the illicit and clandestine movement of persons across national and international borders, largely from developing countries and some countries in transition with the end goal of forcing women, girl and children in to sexually or economically oppressive and exploitative situations for the profit of recruiters, traffickers, crime syndicates, as well as other illegal activities related to trafficking, such as forced domestic labor.
Though child trafficking is defined as above it is better clarify other related and operational terms and concepts those can be used on going sections of this thesis.
Child trafficking: defined as the process of Requirement, transportation, transfer, harboring or receipt of persons through threat or use of force or other forms of coercion, abduction, fraud, deception, the abuse of power or a position of vulnerability or the giving or receiving of payment or benefits to achieve the consent of a person having control over another person for a purpose of exploitation. (UN Protocol quoted by Yoseph, Mebratu and Belete, 2006).
Child abandonment: Children who have no home either due to the death of or rejection by their parents or the unavailability or rejection of extended family due to serious economic problems such as poverty or it may be a rejection of the child by purser (UNICEF quoted by Getnet, 2000; UNICEF quoted by Sexton, 2005)
Child migration: Voluntary child migration.(UN Protocol quoted by Yoseph, Mebratu and Belete, 2006)
Child: A person whose age is 18 or below (UN Protocol, 2000.Article: 3; Section: D)
Child movement: A statement to describe child migration and child trafficking.
Physical hazards on children: This may contain both physical maltreatments (i.e., an act of commission with an aggressive component involving actual physical contact of a non sexual nature, and physical neglect (i.e. omission of the primary care taker’s or guardians or duty bearer’s positive attention to the demands of the child.(Riddle and Apontequoted by Belay, 2006)
Psychosocial hazards: Challenges that may encompass comprehensively the psychological, social and emotional dimensions. (Erickson, ).
Child labor exploitation: A way of engaging children on activities that damages their health, threaten their education and result in further exploitations and abuse. (ILO, quoted by UNICEF, 2006 )