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Paper Orphans: Exploring Child Trafficking for the Purpose of Orphanages

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There are an estimated eight million children residing in orphanages, or residential care facilities, globally and it is estimated that four out of five of these children are not orphans. It is well documented that many of these children are taken from their families by recruiters and sold into orphanages for the purpose of profit. These children are known as “paper orphans”. There is no formal legal academic research available on how international law regards the displacement from family and subsequent construction as an orphan.This article provides a legal account of the movement of the child from the family to the orphanage, and considers whether this movement can be categorised as child trafficking under international law. The major point of contention as to whether paper orphans are considered trafficked is whether they experience a form of exploitation that is included in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This article examines the forms of exploitation that have been documented as being experienced by paper orphans and argues that the process of paper orphaning meets the current interpretation of the definition of trafficking.

Affiliations: 1: Griffith University, Queensland, Australia,


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1. Allain Jean, “"The Definition of Slavery in International Law"”, Howard L.J. Vol 52, no. 1 (2008): 239 75.
2. Arhin Antonella, “"Conceptualizing Child Labour Trafficking and Exploitation: The Case of Roma Children in Montenegro”", Temida Vol 15, no. 3 (2012): 161 186.
3. Dottridge Mike, “Kids as Commodities? Child Trafficking and What to Do About It”, Laussane, Switzerland: International Federation Terre des Hommes Foundation (2004).
4. Gallagher Anne, “"Human Rights and Human Trafficking: A Quagmire?"”, Virginia Journal of International Law Vol 49, no. 4 (2009).
5. ———, “"Human Rights and the New un Protocols on Trafficking and Migrant Smuggling: A Preliminary Analysis"”, Human Rights Quarterly Vol 23, no. 4 (2001): 975 1004.
6. ———, “"Trafficking in Persons Report (review)"”, Human Rights Quarterly Vol 23, no.4 (2001): 1135.
7. Guiney Tess, “‘"Orphanage Tourism’ in Cambodia When Residential Care Centres Become Tourist Attractions"”, Pacific News Vol 38 (2012): 9.
8. Hathaway James C., “"Human Rights Quagmire of Human Trafficking, The"”, Va. J. Int’l L. Vol 49 (2008): 1.
9. McVay Richard, “Area Ministry Sued over Child Sex Scandal at Haitian Orphanage”, Pensacola News Journal , Vol 17 December 2011.
10. Meier Patricia, “"Small Commodities: How Child Traffickers Exploit Children and Families in Intercountry Adoption and What the United States Must Do to Stop Them"”, J. Gender Race & Just. Vol 12 (2008): 185.
11. Smolin David M., “"Child Laundering as Exploitation: Applying Anti-Trafficking Norms to Intercountry Adoption under the Coming Hague Regime"”, Vt. L. Rev. Vol 32 (2007): 1.
12. ———, “"Child laundering: How the intercountry adoption system legitimizes and incentivizes the practices of buying, trafficking, kidnapping, and stealing children".” 52 Wayne L. Rev (2006): 113.
13. ———, “"Intercountry Adoption as Child Trafficking".” Val. ul Rev. Vol 39 (2004): 281.
14. Allain Jean, Slavery in International Law: Of Human Exploitation and Trafficking , Martinus Nijhoff Publishers, 2012.
15. Bales Kevin, Understanding Global Slavery: A Reader , Univ of California Press, 2005.
16. Bales Kevin, and Soodalter Ron, The Slave Next Door: Human Trafficking and Slavery in America Today , Berkeley: University of California Press, 2010.
17. Buck Trevor, and Nicholson Andrea,, “"Constructing the International Legal Framework"” in Child Slavery Now: A Contemporary Reader , ed. Craig Gary, Portland, Ore.: Policy Press, 2010.
18. Gallagher Anne, The International Law of Human Trafficking , Cambridge University Press, 2010.
19. Patterson Orlando, Slavery and Social Death: A Comparative Study , Harvard University Press, 1982.
20. “"Trafficking, Gender and Slavery–Past and Present"”, ed. Allain Jean, The Legal Parameters of Slavery: From the Historical to the Contemporary (2012).
21. Blagbroug Jonathan,, “"‘This Is Nothing but Slavery’: Child Domestic Labor in the Modern Context"”, in Child Slaves in the Modern World , edited by Campbell Suzanne Miers Gwyn, and Miller Joseph C, Ohio University Press, (2011).
22. Dottridge Mike,, “"Contemporary Child Slaves"” in Child Slaves in the Modern World, edited by Suzanne Miers, Campbell Gwyn, and Miller Joseph C, Ohio University Press, (2011).
23. Gallagher Anne,, “"Human Rights and Human Trafficking: A Reflection on the Influence and Evolution of the U.S Trafficking in Persons Reports"” in From human trafficking to human rights: Reframing contemporary slavery edited by Brysk Alison, and Choi-Fitzpatrick Austin, University of Pennsylvania Press, (2012).
24. Nicholson Trevor Buck, and Andrea, “"Constructing the International Legal Framework"” in Child Slavery Now: A Contemporary Reader , edited by Craig Gary, Portland, Ore.: Policy Press, (2010).
25. Patterson Orlando,, “"Trafficking, Gender and Slavery–Past and Present"” in The Legal Parameters of Slavery: From the Historical to the Contemporary , ed. Allain Jean (2012).
26. Basnet Basant,, Dhungana Meera,, Rai Uma, and Pradhan Rameshwar, “"Fact-Finding Mission on Displacement of Children from Humla 29 December 2004–1 January 2005"”, unpublished Report: unicef and Forum for Women, Law and Development (2005).
27. Volunteering Better,, Care Better, “"Collected Viewpoints on International Volunteering in Residential Care Centres: An overview"”, Better Care Network (2014).
28. Csáky Corinna, “"Keeping Children out of Harmful Institutions: Why We Should Be Investing in Family-Based Care"”, Save the Children (2009).
29. Delap Emily, “"Begging for Change"”, Anti-Slavery International (2009).
30. Dunn Andrew,, Jareg W., and Webb Douglas, “"A Last Resort: The Growing Concern About Children in Residential Care – Save the Children’s Position on Residential Care"”, London: Save the Children (2003).
31. Gallagher Anne, and McAdam Marika, “"The Concept of 'Exploitation' in the Trafficking in Persons Protocol"”, United Nations Office on Drugs and Crime (2015).
32. Government of Nepal Ministry for Women, Children and Social Work, “"State of the Children Report, 2014"”, (2014).
33. Integrated Regional Information Networks (irin), “"West Africa: Protecting Children from Orphan-Dealers"”, 27 May 2009, available from: .
34. International Programme on the Elimination of Child Labour, “"Every Child Counts: New Global Estimates on Child Labour, International Programme on the Elimination of Child Labour"”, (2002) available from: .
35. League of Nations, “"Report Presented by the Sixth Committee on the Slavery Convention"” (24 September 1925).
36. Basnet Meera Dhungana Basant,, Rai Uma, and Pradhan Rameshwar, “"Fact-Finding Mission on Displacement of Children from Humla, 29 December 2004-1 January 2005"” (unpublished Report: unicef and Forum for Women, Law and Development, 2005).
37. U.S Department of State, “"2014 Trafficking in Persons Report United States of America"” (2014).
38. unicef and Des Hommes Terre, “"Adopting the Rights of the Child: A Study on Intercountry Adoption and Its Influence on Child Protection in Nepal"” (2008).
39. unicef , “"With the Best Intentions: A Study of Attitudes Towards Residential Care in Cambodia"”. United Nations Children's Fund and Ministry of Social Affairs, Veterans and Youth Rehabilitation, Cambodia, (2011).
40. Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, adopted by the Conference at its Eighty Seventh Session, Geneva on 17 June 1999.
41. Convention on the Rights of the Child, adopted by General Assembly resolution 44/25 of 20 November 1989.
42. Convention against Transnational Organised Crime, adopted by General Assembly resolution 55/25 of 15 November 2000.
43. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, adopted by General Assembly resolution 54/263 of 25 May 2000.
44. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, adopted by General Assembly resolution 55/25 of 15 November 2000.
45. Slavery Convention, signed at Geneva on 25 September 1926 and amended by the Protocol New York, 7 December 1953.
46. Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, adopted by a Conference of Plenipotentiaries convened by Economic and Social Council resolution 608(xxi) of 30 April 1956.
47. Brennan Emily, “"Trying to Close Orphanages Where Many Aren’t Orphans at All"”, The New York Times , Vol 5 December 2012, A15.
48. Department of Social Work, Ghana, National Plan of Action for Orphans and Vulnerable Children (2014).
49. Dutch News, “"Abuse Suspect Has Previous Convictions"”, Dutch , 28 February 2007, available at: .
50. ———, “"nl Charity in Nepal Child Sex Abuse Probe"”, Dutch, 16 February 2007, available at: .
51. Giri Dean Nelson and Anil, “"Nepal Adoptions Chief Raped and Groomed Orphans for Prostitution, Claims British Teacher"”, The Telegraph, 27 June 2014, available at: .
52. Hamro Jivan Child Care House.n.d., available at: .
53. Pathak Prakriti, “"When 'Home' Is Where the Profit Is"”, The Himalayan Times , 2011, available at: .
54. Pattisson Pete, “"Nepal's Bogus Orphan Trade Fuelled by Rise in Voluntourism"”, The Guardian , 27 May 2014, available at: .
55. Poudel Arjun, “Orphanage Operator decamps with donor’s money”, My Republica , 26 2011, available at: .
56. Punaks Julian Lovera and Martin, “"Reintegration Guidelines for Trafficked and Displaced Children Living in Institutions"”, Eugene, OR: Next Generation Nepal, 2015.
57. Rai Om Astha, “"Ban on new orphanages"”, Nepali Times (2015): at 20 May 2015.
58. Save the Children, “"Programme Document Protection of Children Temporarily or Permanently Humla Programme Cooperation Agreement 2011–2012"” (2010), available at: .
59. Swamy Rohini. 2014, “"Nearly 600 trafficked kids rescued from Kerala"”, India Today , 28 May, available at: .
60. un Commission on Human Rights, “"Programme of Action for the Elimination of the Exploitation of Child Labour"”, 10 March 1993, E/cn.4/res/1993/79, available at: .
61. unicef , “"unicef’s top four travel tips to avoid orphanage tourism"”, 11 2014, available at: .
62. World News Australia, “"Police in Nepal have arrested a man and rescued several children from a so-called ‘orphanage’ in the capital Kathmandu, The raid follows 7-month investigation into institutions that have allegedly abducted children and presented them as ‘orphans’",” World News Australia , sbs Television video, 18:30, 25 March 2014: .

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