SEXUAL ABUSE AND EXPLOITATION OF BOYS IN SOUTH ASIA A ...

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8.2.4.2 Exploitation in travel and tourism Sri Lanka does not have direct extradition or extraterritorial agreements with other countries, although the judiciary and police cooperate to punish offenders who are arrested under other countries’ extraterritorial legislation. For example, Sri Lanka has assisted the deportation of persons arrested under the United Kingdom Sexual Offences Act 2003, under which a person can be prosecuted in the United Kingdom for a crime committed in another country that is viewed as a criminal offence in both countries. Realizing the need to address sexual exploitation in travel and tourism, including the culpability of hotel owners in tourists’ exploitation of children on hotel premises, the government in Penal Code Amendment Act 2006 amends section 286A. The revision legally obligates any persons who have “the charge, care, control or possession of any premises being used for commission of an act constituting the abuse of a child” to inform the police authorities of the fact. 445 8.2.4.3 Trafficking for sexual exploitation The laws on trafficking in the Penal Code have recently been amended to concur with the Palermo Protocol. Previously, the mechanisms of trafficking were inadequately addressed, including only buying, selling, bartering, transporting and procuring a child from care institutions. With the 2006 amendment, the mechanisms of, recruiting, transferring, harbouring, receiving, ‘or any other act’ were added. 446 The addition of the words ‘or any other act’ allows the law to address a wide range of recruitment mechanisms that may not be included in the definition. The amendment specifically addresses child trafficking and stipulates that any person shall be guilty of trafficking, if the person recruits, transports, transfers, harbours or receives a child or does any other act with or without the consent of such child for the purpose of securing forced or compulsory labour or services, slavery, servitude or the removal of organs, prostitution or other forms of sexual exploitation. 447 In the 2006 amendment, the means of recruitment include the use of threat, force, fraud, deception or inducement, as well as exploiting the vulnerability of another. However, they do not include some common means by which traffickers acquire victims, such as abduction of the victim, or deceiving, causing fear to, threatening or coercing the parent or guardian. Whereas the exploitation phase was not defined in previous legislation, PCA 2006 includes forced or compulsory labour or services, slavery, servitude, the removal of organs, prostitution or other forms of sexual exploitation ‘or any other act’. 448 The amendment uses the words ‘or any other act’ to leave the various forms of exploitation open-ended, as in the Protocol. The markets for trafficked persons are extremely varied and continue to expand, and they can include such situations as camel jockeying and marriage. The previous Penal Code legislation on trafficking, as of the 1995 amendment, was limited due to its emphasis on the transportation of the trafficked child ‘to a foreign country’. This has been addressed in the 2006 amendment, which does not mention the country of 445 PCA 2006, Section 286C. 446 PCA 2006, Section 360C. 447 PCA 2006 Section 260C. 448 Ibid. 138
destination. Thus the law includes both internal and external trafficking. The most significant weakness in the present amendment is the exceedingly soft penalty for trafficking: ‘not less than two years’ for trafficking an adult and ‘not less than three years’ for a child’. 449 8.3 Policy The Sri Lankan National Plan of Action on Trafficking in Children (NPATC) is sensitive to the rights of trafficked children. But as with similar documents in South Asia, it has limitations due to its focus on the process of trafficking and its limited attention to contributing causes. It excludes a number of linked protection issues including child sexual abuse, neglect, maltreatment and corporal punishment. The NPATC is divided into four areas of strategic action: legal reform and law enforcement; institutional development and research; prevention; and rescue, rehabilitation and reintegration. The section on legal reform reflects Sri Lanka’s notable continued efforts to refine its legislation, and it directs the government to ratify international instruments and review laws to ensure that they conform to international standards. This section also includes strengthening the justice system on children’s behalf, including establishing juvenile courts and developing child-friendly court procedures. The second section, on strengthening institutional capacity, encourages government and civil organizations to give priority to withdrawing children from sexual exploitation. It states that government agencies should standardize and streamline institutional procedures to increase effectiveness. This section outlines the potential roles of various ministries, the National Child Protection Authority (NCPA) and the police. Regarding prevention strategies, the NPATC is exceptional in South Asia for recognizing family dysfunction as a key cause of trafficking as well as the common ‘root causes’ such as poverty and lack of education. Although it does not address certain elements of family dysfunction, such as corporal punishment and domestic violence, as contributing causes of trafficking, it does recognize the family’s need for health care and economic and social stability. Community-based development initiatives, such as vocational training, promotion of child participation and NGO microcredit schemes, are all endorsed as means to strengthen the family’s protection of the child. In its section on protection (that is, rescue, rehabilitation and reintegration), the NPATC attempts to address the excessive institutionalization of children in Sri Lanka by encouraging community and family involvement in rehabilitation. It also aims to improve the reintegration of children to their families and prevent re-victimization of children through protective measures for the family and child. The NPATC seeks to facilitate early intervention in cases of child sexual exploitation by establishing a tracking and reporting system. However, while encouraging both institutional and ‘community-based’ responses, the plan does not identify or encourage the development of family-directed outreach mechanisms from government and civil organizations to provide care, protection and development services to children and their families. 449 Ibid. 139
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UNICEF Innocenti Research Centre In
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UNICEF INNOCENTI RESEARCH CENTRE Th
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Sexual Abuse and Exploitation of Bo
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Contents 1. INTRODUCTION...........
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INTRODUCTION Across South Asia and
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1.2 Definitions While acknowledging
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oys in the home, community, institu
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general, adolescent girls are thoug
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accountable for their actions, blam
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sexual abuse is reported to be prev
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abuse. 49 Death and abduction of pa
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eaches puberty. Such boys may be at
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knowledge of the intermediate situa
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2.0 SOUTH ASIA OVERVIEW 2.1 Researc
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have long experience working with a
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exploitation. The legal definition
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Afghanistan’s National Plan of Ac
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strengthen family and community pro
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constraints with the intention of i
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3.0 COUNTRY PROFILE: AFGHANISTAN 3.
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Afghanistan. Traditionally, boys ar
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unravel from cases of children sent
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well as the ‘violation of chastit
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Social Affairs, Martyrs and Disable
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orders. Data collection on the Paki
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trafficked or abused children are l
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4.0 COUNTRY PROFILE: BANGLADESH 4.1
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concerning level of child sexual ab
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As elsewhere in the world, certain
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female children in prostitution are
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control the areas where the boys wo
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In general, the country’s legisla
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children from the sexual violence i
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NPA was facilitated by an advisory
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4.4 Programme Responses 4.4.1 Child
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children living on the street. In i
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4.4.7 Addressing exploitation in tr
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5.0 COUNTRY PROFILE: INDIA 5.1 Rese
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living on the street or on boys sex
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times, these traditions have eroded
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interviewed in the study stated tha
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The Immoral Traffic Prevention Act
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assault’, which covers additional
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esidences with persons not related
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institutions. However, the NPAC has
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The Sangath Centre for Child Develo
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tourism operators, including airlin
Page 95 and 96: negotiation and protection from sex
Page 97 and 98: 6.1.2 Knowledge base The knowledge
Page 99 and 100: the boys and one-quarter of the gir
Page 101 and 102: situations such as domestic labour
Page 103 and 104: fondling. 285 While an ‘unnatural
Page 105 and 106: person “shall be deemed to have c
Page 107 and 108: The NPA does not address linkages b
Page 109 and 110: programmes on child rights and chil
Page 111 and 112: The Youth Club in Narayangadh provi
Page 113 and 114: etween males is socially tolerated.
Page 115 and 116: men. Boys cannot get pregnant and a
Page 117 and 118: The extent to which children are ap
Page 119 and 120: Children living on the street the w
Page 121 and 122: Amendment) Act 2006; and the Pakist
Page 123 and 124: woman or animal…’ 354 However,
Page 125 and 126: punishment. 363 The Trafficking Ord
Page 127 and 128: The trafficking NPA is consistent w
Page 129 and 130: LHRLA’s Madadgaar programme raise
Page 131 and 132: children (Nigehban) in divisional h
Page 133 and 134: 8.0 COUNTRY PROFILE: SRI LANKA 377
Page 135 and 136: The development community in Sri La
Page 137 and 138: women. 397 For this reason, prostit
Page 139 and 140: Unlike other countries in South Asi
Page 141 and 142: however, face deep stigma if they a
Page 143 and 144: Section 365(a) of PCA 1995 forbids
Page 145: an offense to allow a child to ‘r
Page 149 and 150: addition, except for local coordina
Page 151 and 152: dangers of sexual abuse and the pen
Page 153 and 154: 8.4.8.2 Safe shelter and crisis res
Page 155 and 156: identify signs of child sexual abus
Page 157 and 158: 9.1 Research Prioritize research ac
Page 159 and 160: • Work to harmonize national laws
Page 161 and 162: • There should be mechanisms in p
Page 163 and 164: • Develop interventions to addres
Page 165 and 166: Boyden, J. and de Berry, J. et al.,
Page 167 and 168: Agency Coordinating Body for Afghan
Page 169 and 170: UNICEF Bangladesh (Kabir, R.), 2002
Page 171 and 172: International Labour Organization a
Page 173: World Organisation Against Torture,
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