Child sex abuse: a persisting and globally acknowledged, yet poorly addressed issue.

According to Unicef, child trafficking is the recruitment, transportation, transfer, harboring, or receipt of children for the purpose of exploitation induced by force, fraud, or coercion[1]. Child trafficking can take the form of forced marriage and forced labor — often referred to as modern slavery. The International Labor Organization states that one in four victims of modern slavery are children, and more than 70 percent of victims of human trafficking are women and children[2]. However, Unicef states that the most commonly known form of child trafficking is sexual exploitation. Indeed, the most common form of human trafficking occurred in areas portrayed by mass displacement, poverty, violence, armed conflicts, lack of access to education, harmful social norms, sexual exploitation[3]. As such, the brief will focus on this critical form of child trafficking.   

i.               Overview of the favoring and forefront factors

The U.N. secretary calls on prevention and stresses the need for victim assistance, which appears highly essential to give a new life to survivors of this atrocity[4]. Besides, more vigorous is the position publicly adopted by the U.N. deputy secretary-general Jan Eliasson about sex traffic, as he stated: "we must take action on all fronts: criminal justice, victim assistance, and victim protection, human rights, migration policy, and labor market regulation."[5] On the one hand, this statement reveals that all human beings, whether or not recognized as human rights defenders, must feel concerned about this problem. On the other hand, it acknowledges the pressing need to address the issue and, more importantly, its root causes. 

A history of child abuse, neglect and maltreatment, stigma and discrimination, sexualization of children, extreme poverty, climate changes, natural disasters, and domestic violence are the notable favoring factors of this phenomenon. 

However, armed conflicts appear as a forefront cause due to the exacerbated rate of reported child sex trafficking during these conflicts[6]. The most severe human rights infringement occurs during armed conflicts. Children increasingly bear the primary burden of armed conflict as a vulnerable group, and their rights are unmistakable infringed. Here, it is relevant to mention that the abduction of children as soldiers, laborers, and sexual slaves has become a widespread characteristic of armed conflicts in Africa. Commemorating the fifth year of Chibok abduction, UNICEF said that more than 3,500 children from 13 to 17 have been recruited, killed, and sexually abused by non-state armed groups in northeast Nigeria since 2013[7]. 

During armed conflicts, children are also sexually abused by those charged with protecting the population: the peacekeeping forces. Peacekeepers frequently render themselves responsible for rape and sexual exploitation of girls by intimidating them or abusing their position of vulnerability[8]. The recurring peacekeepers' involvement in acts of sexual exploitation and abuse directly impacts the occurrence of child sex trafficking since the contributor to a child entering into a life of child sex trafficking is a prior life of sexual abuse[9]. 

From a victim's perspective, being exploited and abused by the very people who are supposed to support and protect can cause long-lasting trauma and distress, both physical and psychological[10]. From the perspective of a peacekeeping mission, crimes caused by its peacekeepers can facilitate and embed the influence of local criminal activities and networks, destabilizing the community and undermining the mission[11].

Surprisingly, the phenomenon is a matter of poor and underdeveloped countries and a threat in modern and developed countries such as the United States. As a matter of fact, former Deputy Attorney General James Cole emphasized during the National Strategy Conference on Combating Child Exploitation that "there is also a homegrown problem of American children being recruited and exploited for commercial sex."Indeed, any child in the world, regardless of race, age, location, or socioeconomic status, is immune to becoming a victim of child sex trafficking.    

ii.             The existing legal framework for preventing and eliminating the phenomenon 

Recognizing human trafficking as an affront to human dignity, global and national leaders have called for more substantial efforts to combat this egregious crime, address the glaring gaps in the existing legislation, and support trafficking survivors.[12] 

The mere fact that child sex trafficking is illegal both under international and national laws is an outstanding achievement. It reveals the international community's understanding that the issue could be addressed by a genuine cooperation between States, regardless of their ideologies or forms of government. 

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, has been ratified by 173 States Parties[13]. These massive ratifications can be interpreted as a will of the vast majority of States to eradicate this phenomenon.   

The Security Council, by resolution 1612, established the Working Group on Children and Armed Conflict in 2005. This working group, among other missions, makes recommendations to the Council on possible measures to promote the protection of children affected by armed conflict. It reviews reports of the monitoring and reporting mechanisms concerning parties in situations of armed conflict that recruit or use children in violation of their international obligations.[14]

In December 2016 and November 2017, the U.N. Security Council (UNSC) adopted Resolutions 2331 and 2388. These request that the Secretary-General "takes steps to improve the collection of data, monitoring, and analysis of trafficking in persons in the context of armed conflict, to better identify and prevent its incidence," as well as expressing concern that TiP in conflict zones continues to occur[15].

These resolutions, coupled with the increased attention given to trafficking in conflict zones (partly due to the activities of the Islamic State and Boko Haram), lie behind the motivation for this focus. Various stakeholders have extensively covered human traffickings in conflict contexts, such as NGOs, academia, states, and intergovernmental organizations (e.g., the Institute for Security & Development Policy 2010, United Nations University 2016, U.S. Department of State 2016)[16].

The UNODC itself has also contributed to the issue's continuing contextualization. For example, the recent report classifies perpetrators into two categories: armed groups and opportunists[17]. However, surprising is the absence in this report of any discussion of the U.N.'s role in, and hence its liability for, its own international peacekeepers' sexual abuse in conflict and post-conflict zones despite the ample evidence of such transgressions having been committed by U.N. personnel. 

Finally, private actors and non-governmental organizations such as Save the Children, End Child Prostitution and Trafficking, and Children's Rights also work on eradicating this phenomenon by advocating for children's rights and supporting victims.  

iii.            Tailored prescriptions to address the issue

Child sexual abuse can involve a wide array of activities that purposefully expose children to adult sexual behaviors. It may concern various acts, from voyeurism to acts involving groping and genital contact. Since children do not understand adults' sexual perspectives and behaviors, any intentional exposure to these aspects of adult life can produce some trauma. Indeed, any child can develop a severe traumatic response to any type, degree, or frequency of child sexual abuse[18]. Therefore, a comprehensive multidisciplinary care center that can approach the full spectrum of trafficking aftercare needs is an essential tool to help the victims. For instance, effective and targeted health care for victims of sex trafficking that handles physical and mental health; mental health being a significant issue. Victims need longstanding care that is trauma-informed and specific to the complex dynamics of trafficking, the survivor-abuser relationship, the possible triggers, the potential long-term implications. In sum, comprehensive support for the victims in developed countries and less fortunate ones.  

Additionally, more steps shall be taken at the international level. An expansion on sustainable development goals (SDG) 3 "Ensure healthy lives and promote well-being for all at all ages"[19], can lead to significant progress if a revision of SDG 3.5.1 "Coverage of treatment interventions (pharmacological, psychosocial and rehabilitation and aftercare services) for substance use disorders," in particular, is made to add the protection for sex-trafficked victims as well.  

Furthermore, under the use of SDG 17, "Strengthen the means of implementation and revitalize the global partnership for sustainable development,"[20] some adjustments have to be made for more collaborative efforts with multiple agencies to implement, develop and advocate adequate planning and treatment for post-trauma victims.  

A worldwide and widespread full legal assistance for those pursuing legal proceedings is also an efficient tool to address the problem because "when survivors have lawyers, survivors have rights."[21] However, as many as 10 million children are involved in sex trafficking worldwide; they are the least likely victims in the U.S. to receive restitution, according to the human trafficking legal center.  

As a result, blatant impunity is still prevailing despite all the efforts. Sadly, this impunity encourages the recurrence of this egregious crime. When persecutors do not fear prosecution, they do not fear anything; hence becoming uncontrollable. For that reason, States must enforce the national laws by investigating, targeting, arresting, and prosecuting the traffickers. Similar actions have to be taken against peacekeeping soldiers involved at any level in sex child trafficking. The abuses' frequency and the gravity of those crimes demonstrate systemic weaknesses in peacekeeping laws, frameworks, and practices. Besides these glaring gaps, the lack of accountability is a non-negligible threat to the legitimacy of U.N. peacekeeping operations. Consequently, reforming the system is very required.  

Notwithstanding the progress made in addressing the problem and the decrease in cases, the U.N. must push for prosecution of peacekeepers by their home countries. The recent cases of six Moroccans and a French peacekeeper being repatriated to their home countries where charges were brought against them are positive signs that this is now starting to happen[22]. More such cases are needed, along with a follow-up mechanism inside the U.N. to ensure justice is served. Staff will only realize that such behavior has consequences if the U.N. leadership resolves the problem or, at least, shows resolve in dealing with it.

Finally, it is essential to raise awareness about child sex trafficking. NGO, private actors, parents, and all those working with children need to know and help everyone know that it is a growing issue that can happen everywhere and at any moment. For that reason, approaching the subject with children, being aware of technology dangers, grooming tactics of traffickers, and warning signs of child sex trafficking are crucial elements that can help prevent and tackle the issue.  

[1] Unicef USA. Child Trafficking in the U.S.  https://www.unicefusa.org/child-trafficking-us.

[2] International Labor Organization (ILO), Forced labour, modern slavery and human trafficking, https://www.ilo.org/global/topics/forced-labour/lang--en/index.htm.

[3] McAlpine A, Hossain M, Zimmerman C. Sex trafficking and sexual exploitation in settings affected by armed conflicts in Africa, Asia and the Middle East: systematic review. BMC Int Health Hum Rights. 2016;16(1):34. Published 2016 Dec 28. doi:10.1186/s12914-016-0107-x.

[4] United Nations (U.N.). Security Council Adopts Resolution Calling upon Belligerents Worldwide to Adopt Concrete Commitments on Ending Sexual Violence in Conflict. https://www.un.org/press/en/2019/sc13790.doc.htm.

[5] United Nations (U.N.). Remarks of the Deputy Secretary-General at the 13th Alliance Against Trafficking in Persons High Level Organization for Security and Cooperation in Europe (OSCE) Conference : “Stolen Lives, Stolen Money”. https://www.un.org/sg/en/content/dsg/statement/2013-06-25/remarks-deputy-secretary-general-13th-alliance-against-trafficking.

[6] United Nations Office on Drugs and Crimes (UNDOC) – United Nations Global Initiative to Fight Human Trafficking (UN. GIFT). An Introduction to Human Trafficking: Vulnerability, Impact and Action.

 https://www.unodc.org/documents/human-trafficking/An_Introduction_to_Human_Trafficking_-_Background_Paper.pdf.

[7] Unicef. More than 3,500 children have been recruited and used by non-state armed groups in northeast Nigeria since 2013. https://www.unicef.org/press-releases/more-3500-children-have-been-recruited-and-used-non-state-armed-groups-northeast.

[8] Skye Wheeler. UN Peacekeeping has a Sexual Abuse Problem. Human Rights Watch. 2020,https://www.hrw.org/news/2020/01/11/un-peacekeeping-has-sexual-abuse-problem#.  

[9] Dr. John DeGarmo. Every Two Minutes, a Child is being Prepared for Sexual Exploitation and Human Trafficking. Medium, 2019. https://drjohndegarmo.medium.com/every-two-minutes-a-child-is-being-prepared-for-sexual-exploitation-and-human-trafficking-93790f969f18.

[10] Thi Hoang. When The Peacekeepers Are Part of the Problem. Global Initiative Against Transnational Crime. 2019, https://globalinitiative.net/analysis/when-the-peacekeepers-are-part-of-the-problem/.

[11] Ibid.

[12] White House. Fact Sheet: the Obama Administration Announces Efforts to Combat Human Trafficking at Home and Abroad. 2012, https://obamawhitehouse.archives.gov/the-press-office/2012/09/25/fact-sheet-obama-administration-announces-efforts-combat-human-trafficki.

[13] United Nations Human Rights – Office of The High Commissioner. Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. https://www.ohchr.org/en/professionalinterest/pages/protocoltraffickinginpersons.aspx.

[14] United Nations Security Council. Working Group on Children and Armed Conflict. https://www.un.org/securitycouncil/subsidiary/wgcaac.  

[15] Supra note 10.

[16] Ibid.

[17] Ibid.

[18] The Ranch Tennessee. Child Sexual Abuse as a Cause of PTSD (Post-Traumatic Stress Disorder). https://www.recoveryranch.com/addiction-blog/child-sexual-abuse-as-a-cause-of-ptsd-post-traumatic-stress-disorder/

[19] United Nations - Department of Economic and Social Affairs. Sustainable Development. https://sdgs.un.org/goals/goal3. 

[20] United Nations - Department of Economic and Social Affairs. Sustainable Development. https://sdgs.un.org/goals/goal17

[21] Emancipation Nations. When Survivors have Lawyers, Survivors have Rights. 2020, https://humantraffickingsearch.org/resource/when-survivors-have-lawyers-survivors-have-rights/

[22] U.N. News. UN officials name countries whose troops are accused of sexually abusing minors in Central African Republic. 2016, https://news.un.org/en/story/2016/01/521142-un-officials-name-countries-whose-troops-are-accused-sexually-abusing-minors.