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

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“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

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Caption: “Children are like Gold, think twice before you give them away” Graffiti,

Port-au-Prince, Haiti 2013

Source: Author

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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”

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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

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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

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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

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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

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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).

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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).

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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!

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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

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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.

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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!

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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.!

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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!

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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.

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• 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.

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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

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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

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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. !

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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

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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).

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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

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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)

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“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

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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!

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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.

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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,

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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.

!!!!!!!!!!!!!!!!!!!!!

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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).

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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

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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.

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“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).

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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)(

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“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.

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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.

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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.

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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

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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

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“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!

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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

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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

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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!

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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

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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

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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

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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-

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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.

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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).

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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”

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(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!!

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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 8th 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 6th 1956 Additional UN Convention 14th 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)

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(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 19729

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.!

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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

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“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.

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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,

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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.

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Chapter 6: Discussion

The earthquake in 2010 arguably caused Haiti to become a collapsed state. The

new elected government is rebuilding governmental institutions, figuratively and literally.

Despite obvious shortcomings during the past three years of reconstruction, the

government made improvements in the prevention, control (through protection activities)

and prosecution of child trafficking. Haiti is still a weak state with key areas that require

urgent attention, advocacy and capacity building. IBESR and BPM are the strongest

actors in controlling child trafficking and receive support of technical expertise and funds

from the international community. Of the three categories of responsibility, the Haitian

government progressed in efforts to control the movement and placement of children

(such as the regulation of adoption) but is challenged to offer basic services to

vulnerable families and prosecute traffickers.

6.1 Prevention

Social assistance to reduce risk factors for families of trafficked children and

awareness raising activities are key activities in the prevention of child trafficking. Less

vulnerable families would reduce the supply of children. The deterrence of traffickers

through the threat of prosecution would reduce the demand.

In the realm of prevention activities, the Haitian government has improved access to

education (marginally) and initiated programs to improve food security. The impact and

reach of these is not independently documented. IBESR, in collaboration with others ran

a number of child trafficking awareness campaigns. The Ministry of Social Affairs and

Labour initiated public campaigns denouncing the use of children as domestic labour.

A significant part of prevention is deterrence. Prosecution of traffickers through

legal means would be a key deterrent but current laws are weak and the judiciary

incapable of prosecuting them. The key to prevention programs is the removal of the

Prevention = awareness raising + reduction of vulnerabilities + deterrence of traffickers

!

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motivation for families to traffic their own children out of an act of desperation. The

government needs to provide more basic services in the rural areas, supported by the

international community. Without basic services, families will remain inherently

vulnerable to trafficking and without justice, traffickers remain undeterred.

“Increasing access to basic social services. When I say social services I mean schools, hospitals, and justice“ (IA International NGO).

6.2 Control (child protection activities)

Control is regulation that prevents, interrupts or identifies victims or potential

victims of trafficking through child protection activities. In Haiti this administrative work is

a challenge. There is little evidence of corruption in trafficking (outside of private

orphanage actors) not because corruption is not present in Haiti but because the lack of

state control does not require its use. In the three years of reconstruction, Haiti made

strides in improving the administrative steps necessary to move outside the country with

a child, in the standards for operating orphanages and in the adoption process. With

partners, it is beginning a foster care system that could develop to a wider regulated

child placement system. The weaknesses in government control of children include,

monitoring of the border and the involvement of local authorities in vulnerable areas to

prevent trafficking. The efforts to decentralize IBESR to the departments requires more

resources and management to be effective. To reduce the vulnerability of children

without birth certificates, local government agents could undergo training and waive the

$10 fee for children living in vulnerable areas.11

IBESR progressed in its collaboration with international partners, in advocating

for key legislation and in control of orphanages and adoptions. All of the steps helped

children during the period of state reconstruction following the earthquake. IBESR

decentralized to other areas of the country, relinquishing control of certain headquarters

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!11!In Haiti, only 8 in 10 children have a birth certificate (EMMUS V 2013). After age 2, the birth certificate costs $10 US!

Control = regulation and management of key processes to protect children

!

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activities but it is unclear if the management capacity and funds exists to manage 9

decentralized offices. More support from the international community is required to

facilitate this expansion.

IBESR partnered with international organizations to identify RCCs with poor or

dangerous performance. As the result of this study, IBESR closed 26 RCCs, despite the

major resources required. Children displaced from closed orphanages have to be placed

elsewhere and arrests made. The report is not available publically and should be made

available, online, for use by international funders and partners of residential care center

programming. The accountability of the orphanages would be to the Haitian government

and encourage international donors to support approved and regulated residential care

centers.

Changes to the adoption process reduce the potential of trafficking through inter-

country adoption and Haiti should be congratulated for this advance. Instead of RCCs

identifying children available for adoption, with the new law, IBESR now prepares the

cases, to assure the children do not have parents that still want to care for them. IBESR

checks for matches for requesting families. They now have an 8-year follow-up for

children adopted to other countries. The UN human rights report said,

The fact that a list of children for adoption has been prepared by a central authority should mean an end to the practice whereby parents who have been misled by children’s homes or who simply consider themselves too poor to raise their own children give up their children for intercountry adoption. The new law should result in adoption being used only as a last resort and in order to protect a child. (Human Rights Council 2013)

Missing from this plan is the monitoring and control of payments to orphanages, a

potentially corruptive process and something largely unregulated. IBESR requires

additional resources to deploy the new adoption process. The US$190 acquired through

the IBESR adoption process is hardly enough. Money paid by adoptive parents could

help fund IBESR work to protect children countrywide rather than the RCCs.

The Haitian state needs to provide more funds to IBESR. IBESR agents need to

be present, by law, at the movement and placement of children by NGOs. NGOs

informants explained how they could do more if they had an IBESR agent assigned to

them. More agents could result in a higher production of child protection activities across

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national and international non-governmental organizations. Agents assigned to NGOs

would result in IBESR having more control and awareness of individual program

activities.

The Brigade for the Protection of Minors arguably changed the landscape of child

protection. UNICEF funded this program and the Haitian government may provide

additional funding beginning the Fall of 2013, adding a further 30 members of the force

to help cover the porous border region with the Dominican Republic. The Brigade

expressed the need for more women members of BPM and a social worker on site to

assist with certain cases.

It is unclear if the Haitian government’s relationship with the Dominican Republic

regarding the identification and care of victims of child trafficking from Haiti to the DR is

communicative or collaborative. Key informants suggested the signing of a formal

agreement between the two countries and further training of officials on both sides of the

border to promote collaboration. This could provide more control over the border and

respectful and appropriate returns of undocumented children to the border.

There is weak support to local government authorities in Haiti and they could play

a key role in the prevention and control of child trafficking.

“We would support a strategy that would make accountable the local authorities because we will never find enough police to deploy them all over the frontier“ (H10 Haitian NGO). Haiti’s susceptibility to natural disasters require special precautions to prevent

child trafficking. Haiti’s Civil Protection could create more safe space to protect children

during natural disasters supported by the international community.

6.3 Prosecution

There is no evidence of a trafficking prosecution despite evidence of numerous

arrests of traffickers. The lack of awareness of existing laws or willingness to apply them,

corruption or the poor strength of the Haitian judiciary system could be the root cause.

Prosecution = sentencing of traffickers of children

!

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In the absence or with the swift passing of the proposed anti-trafficking law, a

strategy for maximum impact to deter traffickers would be a high profile case, such as

the Richard Brandt case of kidnapping in Haiti. This led to a swift decline in the number

of kidnappings in 2013.12

6.4 The role of the international community

In a weak state, it is crucial to have the support of the international community

but not in a manner that delegitimizes the state or stalls genuine reconstruction of state

activities. IBESR, a well-respected entity among its international partners could improve

coordination and a referral system with assistance. This would strengthen the State

institutions while continuing to care for children countrywide. The referral system could

place children with specific needs with organizations with particular expertise. Although

the Child Protection Cluster exists with IBESR leadership (beginning in late 2012), few

meetings occurred in 2013. Collaboration on the level of a referral system may meet the

more immediate needs, promote sharing of information and improve services to children.

Specifically, the referral system could assure that children are referred to the

organization most able to assist the special needs of sick children and children in certain

age groups or gender, instead of each organization taking the cases they identify, or

referring to IBESR when they do not have the resources themselves. The referring

organization should include Haitian NGOs. IBESR is trying to regulate and approve NGO

programs working with children to assure state oversight and involvement.

“Haiti is changing the cooperation. Before we were all international NGOs operating programs directly. Now there the international politics are to support the local organizations and the International Organizations have to use and to give their expertise” (I14 UN Agency)

Haitian NGOs feel they do not have the resources to run large child protection programs

but understand the context of vulnerability better than their international counterparts.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!12!Correspondence!with!the!Office!of!the!Prime!Minister,!Haiti!

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“The international organizations cannot know better than us…Give us the opportunity to work” (H13 Haitian NGO). “I don’t think that international NGOs should be engaged in fighting child trafficking” (IA International NGO).

Support and engagement with small NGOs working in child protection may also promote

local champions of the agenda, improving continuity and local pressure on government

institutions. The high turnover of international staff is a challenge for NGOs to carry a

child trafficking agenda from year to year.

“There is such a turnover in the government and the NGOs. The institutional memory of any organization here is very low“ (I6 International INGO).

6.5 Further research “Effective policy requires valid and reliable information.” UNODC 2008

Quantitative data collection is a priority. Numbers would improve funding

proposals and target program activities of limited funding. It is clear from interviews that

the definition of trafficking and the interpretation of definitions vary widely and any data

collection instruments need to have a clear definition.

Further policy research is required on policies and procedures to prevent a rise in

trafficking with the development in tourism in the Caribbean country and further analysis

performed on children deported back to Haiti through the border and from boat migrants

at Haiti’s National Office of Migration.

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Chapter 7: Conclusion and recommendations “The main responsibility for protection of victims lies with the government. In situations where the government lacks or has insufficient capacity to fulfill its responsibility, such duty may be delegated to or shared with international organizations and NGOs.” (UNICEF, Guidelines 2006, 7)

The Haitian state since its collapse after the earthquake in 2010 has made key

advances to combat child trafficking in the three years following, despite significant

challenges. The changes in the adoption process, the control of cross-border movement

and the regulation of orphanages are promising steps in the control of child placement.

The proposal of legislation is a welcome advance and one that may take Haiti off the US

Department of State’s Trafficking in Persons Report’s Tier 2 Watch List (if passed). The

international community and the Haitian government should support the continued

capacity building and expansion of IBESR and BPM.

The largest challenges to the prevention of trafficking are poverty and the rule of

law. All other activities will reach a limit in their ability to combat trafficking if advances

are not made to reduce the number of vulnerable families and improve the ability of the

judiciary to prosecute child traffickers.

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Box 7.1 Summary of recommendations

HAITIAN GOVERNMENT

Pass the anti-trafficking law and set up National Plan to counter trafficking

Commit funds to support staff salaries at the Brigade for the Protection of Minors and

IBESR country-wide

MAST should develop the standardization of reunification packages for families of

trafficked children

Review adoption payments and the possibility for adoption payments to subsidize

IBESR activities

Develop plan to prevent trafficking in the development of tourism sector

Further involvement of National Office for Migration (ONM) and Civil Protection (OPC)

Publish orphanage rankings publically

INTERNATIONAL COMMUNITY

Assist the development of a referral system between NGO and government agencies

for vulnerable children

Assist the development of a trafficking database

Support decentralization of IBESR

The Dominican government should sign an MOU agreeing to establish criteria and

guidelines for the repatriation and reintegration of Haitian children

Provide resources and funding opportunities to Haitian NGOs

!

FURTHER RESEARCH

Quantitative study on the number of trafficked children and the origin of those children

Follow-up on cases given to the judiciary and each outcome

Qualitative study on the awareness of trafficking among judiciary and lawmakers

Study repatriated children from the Dominican Republic to determine origin and route

to the Dominican Republic

Study quality of orphanages and nature of adoption payments

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Appendices

A. Topic Guide

Topic Guide for Key Informant Interviews *NGO Child Protection Specialists and Government officials

Introductions Brief on confidentiality, right to withdraw, consent to record interview

1. What is your definition of child trafficking? What happens to children who are trafficked? (ONM

2. What does your program do to reduce child trafficking?

3. What are the main factors that influence child trafficking in Haiti? What causes it?

4. Who are the most vulnerable to trafficking? (age, sex, location) and why?

5. How has the Earthquake affected child trafficking or child protection programs

in Haiti?

6. When and how/At what point of the process do programs intervene to help trafficked children?

7. Do you think the legal and justice system addresses the problem of Child

Trafficking? Explain.

8. What are the challenges for your program? What makes your job easier?

9. What do you see as the main challenges in reducing the number of trafficked children?

10. Do you find there are security implications in this work? 11. What organizations do you think are best placed to do this work? Why?

12. How is child trafficking perceived by Haitian society? How do you think they

know about trafficking? Should they know more? If so, how?

13. Have you done or performed any training on child trafficking? 14. What are the successes and limits to doing child protection work in Haiti?

Conclusion: Questions, comments, thank you.

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B. Consent Form (English)

English

Key Informant Consent Form

I have read and understood the information sheet provided about this study, and/or the interviewer explained to me the purpose of the research. I understand that my participation in this interview is voluntary. I have the right to not answer any question I don’t like or to stop the interview and withdraw my answers, at any stage of the interview, without having to explain why. I understand that what I say will be kept confidential by the researchers and will only be used for research purposes. My name will not be used in any research reports and nothing will be published that might identify me. I understand that if I have any further questions I can contact the researcher listed on the information sheet I agree to the interview being audio recorded YES / NO I agree to some of my comments or statements being quoted in the report, provided that I cannot be identified YES / NO I would like to receive a summary of the key findings from this study YES / NO If you would like a copy a summary of the key findings, please record your address below. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Declaration: I, _______________________________ agree to be interviewed for this evaluation. Signed: ___________________________ __(Participant) Date: ___/___/___ Signed: _____________________________(Interviewer) Date: ___/___/___

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C. Participant Information Sheet (English)

Title of Study: Child Protection in the Context of State Reconstruction: the Case of Child Trafficking in Haiti

My name is Rachel Belt and I am currently studying for my Masters degree in Humanitarian Management at the Liverpool School of Tropical Medicine. I am doing research on child trafficking and protection, an important issue in Haiti. You are being invited to take part in this research because we feel that your experience can contribute much to our understanding and knowledge of the issue of child protection. Participation in the study is entirely voluntary. You may withdraw at any time or ask any information you provide not to be used for research purposes.

Child trafficking causes children to end up in situations of abuse. The government and NGOs are working to improve strategies to assure children are safe and protected in Haiti. This research is looking at how government programs are working to control the issue and help affected children and learn from other programs in Haiti. In addition to interviews and group discussions with staff working child protection, the research includes a literature and legal analysis. If you accept to be interviewed for this research, a time and place for the interview will be arranged at your convenience. If you are being asked to participate in a Focus Group Discussion, this will be with your colleagues at your place of employment. For the interview and discussions, a translator, who is also a trained social worker will be present. The questions will be about program effectiveness, challenges faced in your work, innovative ways you overcome these challenges and additional information you have about the causes of trafficking and programs relevant to child protection. We will not ask you to share any information about known criminal activity about trafficking and you do not have to answer any other information you are not comfortable to share. If you feel at any time that the activities are difficult to discuss, you may remove yourself from the study or ask for assistance. To aid the researchers in organizing the discussions, they will be tape recorded. If you prefer not to be recorded, I will take hand written notes. No one will be identified by name and quotes will be confidential. The tapes will be destroyed when the research is final. The final product from this research will be shared with you and your organization before it is made widely available to the public. I will send each participant will receive a summary of the results.

Each interview will last for about one hour. The group discussion will be held once and will take about one and a half hour.

There will be no direct benefit to you, but your participation is likely to help inform about how to better provide child protection services in Haiti and internationally. Confidentiality

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We will not be sharing information about you to anyone outside of the research team. The information that we collect from this research project will be kept private.

Who to Contact If you have any questions, you can ask them now or later. If you wish to ask questions later, you may contact any of the following: Rachel Belt, Tel: +509 3100 9799. This proposal has been reviewed and approved by IBESR, which is a committee whose task it is to make sure that research participants are protected from harm. It has also been reviewed by the Ethics Review Committee of the Liverpool School of Tropical Medicine), which is supporting the study. !!References!

Key informant interviews

Id. Haitian or International Type of interview Date of

Interview Location

1 International UN Agency May 18th 2013 In person

2 Haitian Haitian Government May 11th 2013 In person

3 International INGO May 15th 2013 In person

4 Haitian INGO May 16th 2013 In person

5 International INGO May 18th 2013 In person

6 International INGO May 19th 2013 In person

7 International Academic May 20th 2013 On Skype

8 Haitian INGO May 20th 2013 In person

9 Haitian Haitian Government May 23rd 2013 In person

10 Haitian HNGO May 29th 2013 In person

11 Haitian Lawyer May 30th 2013 In person

12 International INGO June 2nd 2013 In person

13 Haitian HNGO June 11th, 2013 In person

14 International UN Agency June 13th In person

15 International US Agency June 14th 2013 In person

16 International Haitian Government June 13th, 2013 In person

17 Haitian Haitian Government June 14th, 2013 In person

18 Haitian Haitian Government June 17th, 2013 In person

19 Haitian Haitian Government June 16th 2013 In person

20 Haitian Judiciary June 20th 2013 In person

21 International US Agency June 14th 2013 In person

22 International Academic June 13th, 2013 On Skype

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