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

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is criminal, it is not clear on the legal response to sexual exploitation of children in prostitution, or whether children would be considered criminals or victims. Procuring a child for prostitution could be addressed through the provision in the Penal Code of ‘Instigation of Delinquency’, which prescribes penalties for an adult who promotes or assists in the act of minors (under 18) being involved in ‘a profession pertaining to delinquency’. 122 A subsequent provision increases the sentence if the perpetrator is a relative, tutor, teacher or servant of the person, or if the act results in the ‘deflowering of a maiden’. 123 3.2.4.2 Exploitation in travel and tourism Afghanistan has neither legislation that directly addresses sexual exploitation of children in travel and tourism, nor does it have extraterritorial agreements with other countries for prosecution of internationals who exploit or abuse Afghan children. 3.2.4.3 Trafficking for sexual exploitation In public conception and in law, ‘trafficking’ is not clearly recognized and is often conflated with kidnapping or human smuggling. 124 Trafficking cases are adjudicated under the Penal Code articles on kidnapping of children. 125 The articles on kidnapping, while addressing both girls and boys under 18 years, impose stricter penalties for kidnapping of girls. Additional penalties are imposed if the crime is committed by a person who has influence over, is responsible for raising or is a servant of the victim. Abducting a girl 16 years old or older from her parent’s home for the purpose of marriage is not deemed an act of kidnapping. The kidnapping provisions do not encompass all of the acts inherent in the trafficking process, according to the Palermo Protocol. There are also provisions related to trafficking in the Penal Code, chapter 8, which regulates “adultery, pederasty and violation of honour”. Afghanistan needs a coherent law to clarify the conceptual confusion in practice and legislation between smuggling, kidnapping and trafficking. The Ministry of Justice has drafted a law provisionally titled Law on Combating Kidnapping and Trafficking in Persons, which would provide an official definition of the crime and establish a legal framework for its adjudication. The law is presently under review by ministries. 126 3.3 Policy The Afghanistan National Development Strategy 2008-2013 includes a chapter on social protection that targets two main groups of children: those ‘at risk’ and war survivors. Among others, the population ‘at risk’ includes children living on the street, working in exploitive conditions or in conflict with the law, and victims of violence, abuse and human trafficking. Implementing social protection reform requires building capacity in the Ministry of Labour, 122 Afghanistan Penal Code, Article 430(1). 123 Afghanistan Penal Code, Article 430(2), 427(2). 124 UNICEF, 2008, ‘A discussion paper on child trafficking in Afghanistan’ (internal document). 125 Afghanistan Penal Code, Articles 420, 421. 126 International Organization for Migration, 2008, ‘Trafficking in persons in Afghanistan: Field survey report’. 38
Social Affairs, Martyrs and Disabled (MoLSAMD) and capacity to train social workers. It also calls for cooperation with NGOs to support extremely vulnerable groups and provide family reintegration options. 127 The National Plan of Action against Child Trafficking was adopted in 2004. The NPA was formulated with reference to the Convention on the Rights of the Child and covers protection, prevention, recovery and reintegration, cooperation, and partnerships with children and young adults. The prevention section contains broad measures covering education, vocational training and awareness-raising, as well as the development of child protection committees. However, the NPA does not envision the development of a national, integrated, communitybased child protection system. The primary weaknesses in the NPA are generalized ‘strategic objectives’ and unclear descriptions of actions needed to achieve them. Government departments and agencies, international organizations and NGOs are all responsible for implementation of the NPA. The primary institutions that monitor human rights abuses, including trafficking, are the Afghanistan Independent Human Rights Commission (AIHRC) and the United Nations Mission to Afghanistan. The new Afghan Constitution, adopted on 5 January 2004, provided for the AIHRC. It has reviewed the country’s legislation on trafficking and submitted recommendations to the Judicial Commission. These recommendations, among others, informed the development of the NPA against Child Trafficking. The AIHRC is responsible for implementing initiatives under the NPA. Its Children’s Rights Unit has identified trafficking as one of the most important concerns facing children in Afghanistan. The Ministry of Justice, with support from IOM, has drafted a Law on Combating Kidnapping and Trafficking in Persons, currently under review by other ministries. Antitrafficking offices have been established in the Attorney General’s office in all provinces. The Ministry of Interior is a central player in addressing human trafficking. Although gaps in legislation prevent the direct prosecution of trafficking, the Ministry of Interior undertakes anti-trafficking efforts under laws related to kidnapping and sex crimes. The Afghan National Police is designated responsible for detection, investigation and prosecution of trafficking cases as well as identification of victims. Its Criminal Investigation Department has created a Counter Trafficking Unit and provided officers, trained by IOM, dedicated to investigating trafficking cases. The unit has gathered all available statistics on human trafficking cases for the year ending March 2008. The Criminal Investigation Department also contains the Sex and Behaviour-Related Crimes Unit, which investigates trafficking for prostitution. However, as prostitution is poorly defined in the Afghan Penal Code, this unit has primarily focused on arresting the ‘procurers’ of sex acts. A National Strategy for Children at Risk was developed in 2006 under the leadership of the MoLSAMD. The strategy encompasses a broader scope of child protection than the trafficking NPA, covering children with disabilities, children living on the street, children in conflict with the law, child soldiers and kidnapped and trafficked children. The strategy notes 127 Islamic Republic of Afghanistan, 2007, ‘Afghanistan national development strategy 2008-2013’. 39
Page 1 and 2: UNICEF Innocenti Research Centre In
Page 3 and 4: UNICEF INNOCENTI RESEARCH CENTRE Th
Page 5 and 6: Sexual Abuse and Exploitation of Bo
Page 7 and 8: Contents 1. INTRODUCTION...........
Page 9 and 10: INTRODUCTION Across South Asia and
Page 11 and 12: 1.2 Definitions While acknowledging
Page 13 and 14: oys in the home, community, institu
Page 15 and 16: general, adolescent girls are thoug
Page 17 and 18: accountable for their actions, blam
Page 19 and 20: sexual abuse is reported to be prev
Page 21 and 22: abuse. 49 Death and abduction of pa
Page 23 and 24: eaches puberty. Such boys may be at
Page 25 and 26: knowledge of the intermediate situa
Page 27 and 28: 2.0 SOUTH ASIA OVERVIEW 2.1 Researc
Page 29 and 30: have long experience working with a
Page 31 and 32: exploitation. The legal definition
Page 33 and 34: Afghanistan’s National Plan of Ac
Page 35 and 36: strengthen family and community pro
Page 37 and 38: constraints with the intention of i
Page 39 and 40: 3.0 COUNTRY PROFILE: AFGHANISTAN 3.
Page 41 and 42: Afghanistan. Traditionally, boys ar
Page 43 and 44: unravel from cases of children sent
Page 45: well as the ‘violation of chastit
Page 49 and 50: orders. Data collection on the Paki
Page 51 and 52: trafficked or abused children are l
Page 53 and 54: 4.0 COUNTRY PROFILE: BANGLADESH 4.1
Page 55 and 56: concerning level of child sexual ab
Page 57 and 58: As elsewhere in the world, certain
Page 59 and 60: female children in prostitution are
Page 61 and 62: control the areas where the boys wo
Page 63 and 64: In general, the country’s legisla
Page 65 and 66: children from the sexual violence i
Page 67 and 68: NPA was facilitated by an advisory
Page 69 and 70: 4.4 Programme Responses 4.4.1 Child
Page 71 and 72: children living on the street. In i
Page 73 and 74: 4.4.7 Addressing exploitation in tr
Page 75 and 76: 5.0 COUNTRY PROFILE: INDIA 5.1 Rese
Page 77 and 78: living on the street or on boys sex
Page 79 and 80: times, these traditions have eroded
Page 81 and 82: interviewed in the study stated tha
Page 83 and 84: The Immoral Traffic Prevention Act
Page 85 and 86: assault’, which covers additional
Page 87 and 88: esidences with persons not related
Page 89 and 90: institutions. However, the NPAC has
Page 91 and 92: The Sangath Centre for Child Develo
Page 93 and 94: 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 and 146:
an offense to allow a child to ‘r
Page 147 and 148:
destination. Thus the law includes
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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