To understand why forced labor and the use of child soldiers qualify as acts of trafficking, it is crucial to refer to the definitions of human trafficking and child trafficking provided by various international instruments, such as the United Nations Trafficking in Persons Protocol (2000) and the Convention on the Rights of the Child (1989).
Human Trafficking
According to the United Nations Trafficking in Persons Protocol:
- Human trafficking is defined as the recruitment, transportation, transfer, harboring, or receipt of persons through the use of threat or use of force, coercion, abduction, fraud, deception, abuse of power, or a position of vulnerability for the purpose of exploitation.
Exploitation can include many forms, specifically:
- Sexual exploitation
- Forced labor
- Servitude
- Slavery or practices similar to slavery
Child Trafficking
The definition of child trafficking under the same protocol further specifies:
- Child trafficking involves the same acts, but it focuses specifically on children (individuals under 18 years of age). It emphasizes that the consent of the child is irrelevant when it comes to exploitation. This means that if a child is trafficked for exploitation, the act of trafficking has occurred regardless of whether they initially agreed to it or not.
Forced Labor
Forced labor involves individuals being compelled to work against their will, often under the threat of punishment or other forms of coercion. This fits squarely within the definition of human trafficking as it constitutes:
- Recruitment or transportation of individuals (often through deception or coercion)
- Use of force or coercion to keep them in a state of servitude
- Exploitation of their labor, depriving them of the ability to make free choices about their work or living conditions
Child Soldiers
The use of children as soldiers can also qualify as a form of trafficking:
- Children are often forcibly recruited or abducted by armed groups (i.e., trafficking)
- They are coerced into combat and supporting roles through threats, indoctrination, or severe maltreatment (i.e., exploitation)
- This deprives them of their childhood, education, and freedom—essentially exploiting their vulnerability.
Conclusion
In summary, both forced labor and the use of child soldiers can be classified as acts of human and child trafficking because they meet the established criteria of recruitment, coercion, movement, and exploitation of individuals, particularly vulnerable populations such as children. The key factor is that both practices involve the exploitation of individuals' situations through force, coercion, or deception, thereby fulfilling the definitions of trafficking established by international law.