1. Child Trafficking in the Context of State
Reconstruction: A Case Study of Haiti
Rachel V. Belt
Liverpool School of Tropical Medicine
2013
The dissertation has been submitted in partial fulfillment of the
requirements for the award of Masters in Humanitarian Health
Programme Management
Word Count: 15,462

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“In a country like Haiti there is a responsibility to fight this kind of
trafficking because of our history. Because we are the people who really
stood against this type of traffic” ~ (H10 Haitian NGO)
“The violation of human rights are at the same time a cause and a
consequence of traffic of human beings.” ~ Deputy Malherbe Francois, in a
letter to the Haitian legislature with the proposal of the anti-trafficking law, 2013

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Caption: “Children are like Gold, think twice before you give them away” Graffiti,
Port-au-Prince, Haiti 2013
Source: Author

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Table of Contents
Acknowledgements
Abbreviations
Glossary
List of boxes, diagrams and photographs
Abstract
Chapter 1: Introduction
1.1 Research rationale
Chapter 2: Literature review
2.1 The ability of weak states to prevent trafficking
2.2 Control of the placement and movement of children
2.3 International legal framework as a tool to prevent trafficking
2.4 Child trafficking in Haiti
2.5 Trends in child trafficking in the Haitian context
Chapter 3: Research methodology and rationale
3.1 Aims and objectives
3.2 Methodology
3.2.1 Study design
Literature review
Legal review
Key informants!
3.2.2 Analysis
3.2.3 Trustworthiness
3.2.4 Research limitations
3.2.5 Ethical considerations
Chapter 4: Results
4.1 Varying definitions and interpretations of trafficking
4.2 Vulnerabilities to trafficking
4.3 Types of child trafficking in the Haitian context
4.3.1 Kidnapping
4.3.2 Children living in domesticity or “Restaveks”

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4.3.3 Use of orphanages as boarding institutions/businesses
4.3.4 Movement of children to the Dominican Republic
4.3.5 Evidence of trafficking to other countries
4.5. Main Programmatic Actors
4.5.1 IBESR
4.5.2 MAST
4.5.3 BPM
4.5.4 Other Actors
4.6 Main Activities
4.6.1 Prevention
4.6.2 Sensitization
4.6.3 Identification
4.6.4 Reunification
Chapter 5. Legal Review
5.1 Existing legislation and its application to child trafficking
5.1.1. The legalization of child labor and its dissolution
5.1.2 Other laws affecting child trafficking
5.2 Proposed anti-trafficking legislation
5.3. Judiciary
Chapter 6: Discussion
6.1 Prevention
6.2 Protection
6.3 Prosecution
6.4 The role of the international community
6.5 Further research
Chapter 7: Conclusion and Recommendations
Appendices
A. Topic Guide
B. Consent Form
C. Participant Information Sheet
References

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Acknowledgements
This dissertation would not have been possible without the support of my family,
friends and a network of dedicated and intelligent people working in the sector of child
protection in Haiti. I would like to thank Tobias Meltzner from the International
Organization for Migration (IOM) for his insight and guidance, Pierre Diem of IBESR for
hours of his time and his desk space, Ferla Cindy, whose insight as a social worker
while translating was immensely helpful and Guy Delva for assisting in all sections of the
research.
I would like to thank the Liverpool School of Tropical Medicine, specifically Tim
O’Dempsey and Barry Munslow for their teaching and guidance on the development and
execution of this study and my fellow students for their encouragement and insights.
Abbreviations
Glossary
Child “A person below the age of 18.” (CRC 1989)
Exploitation “Shall include, at a minimum, the exploitation of the prostitution of others or other
forms of sexual exploitation, forced labour or services, slavery or practices similar to
slavery, servitude or the removal of organs” (Palermo Protocol 2000).
Trafficking “'Trafficking in persons' shall mean the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force or other forms
of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position
of vulnerability or of the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person, for the purpose of
exploitation” (Palermo Protocol 2000).
Smuggling “Shall mean the procurement, in order to obtain, directly or indirectly, a financial or
other material benefit, of the illegal entry of a person into a State Party of which the
person is not a national or a permanent resident” (Palermo Protocol 2000).
Vulnerability “Typically used to refer to those inherent, environmental or contextual factors that
increase the susceptibility of an individual or group to being trafficked” (UNODC
2008).
BPM Brigade Protection des Mineurs
GARR Groupe Appui aux Rapatriés et Réfugiés
IBESR Institut du Bien-Etre Social et de Recherches
ILO International Labour Organization
IOM International Organization for Migration
MAST Ministry of Social Affairs and Labour
NGO Non government organization
RCC Residential Care Center
UNICEF United Nation’s Children Fund

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List of Diagrams
Box 5.1 Haiti’s Constitutional Articles related to trafficking
Box 5.2 Laws and mandates for key Haitian government child protection actors
Box 7.1 Summary of recommendations
Figure 1.1 Child trafficking estimates worldwide
Figure 1.2 Map of Haiti with 10 departments (regions)
Figure 1.3 Key statistics on child placement
Figure 2.2 Government activities related to the prevention, control and prosecution of
Child Trafficking
Figure 2.3 “Relief Aid to Haiti by Recipient (January 2010-March 2011)”
Figure 2.4 Continuum of state strength
Figure 2.5 Demand for human trafficking
Figure 2.6 “Factors in driving trafficking from a country” (Bales 2012, 274)
Figure 2.7 Location and origins of trafficked children
Figure 3.2 Snowball sampling for contacts working in child protection in Haiti
Figure 4.1 Origins of Restavek children
Figure 4.2 Types of child trafficking in the Haitian context
Figure 4.3 Forms of exploitation of Haitian children in the Dominican Republic
Figure 4.4 Continuum of actors and program activities related to Child Trafficking
Figure 4.5 The Organizational Structure of IBESR in 2013
Figure 4.6 Decentralization: Locations of IBESR in the 10 departments of Haiti
Table 3.1 Literature review search terms
Table 3. 2 Range of key informant interviews
Table 5.1 Ratified International Conventions by Haiti and Haitian National Laws relevant
to Child Trafficking
Table 5.2 Penal Code references relevant to child trafficking
Photo 1 Haitian Child Crosses the Haiti-Dominican Republic Border for School
Photo 2 Picture of Family Reunification

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Abstract
Over 1.2 million children are victims of trafficking every year (ILO 2012). They are
exploited, a violation of child rights protected by international law (CRC 1989). Poor
families in Haiti supply vulnerable children for exploitation both inside the country and
across the borders. Initial promises are made to families in exchange for children, who
are taken to work in domesticity, on the streets, in prostitution or placed in orphanages to
be illegally adopted. The network of traffickers go unpunished despite some arrests
made by the police.
This qualitative study researches the susceptibility to trafficking experienced by a
weak state such as Haiti and the efforts made by a government in a period of post-
disaster reconstruction to prevent, control and prosecute cases of child trafficking. The
research looks at the government child protection agency, IBESR (Institut du Bien-Etre
Social et de Recherches), the Ministry of Social Affairs and Labour (MAST), the Brigade
for the Protection of Minors (BPM) of the Haitian National Police, the judicial institutions
and the national laws that Haiti has to protect children. The research was conducted
over a three-month period in Port-au-Prince, Haiti with IBESR. Over twenty international
and Haitian key informants working on the issue of child trafficking or child domestic
labour were interviewed and a legal and literature review conducted to measure the
Haitian States’ progress in preventing, controlling and prosecuting child trafficking.
Results found significant progress in controlling placement and migration of
children but weaknesses in the Haitian State’s ability to provide basic services to
vulnerable families to prevent trafficking. Further, natural disasters were found to cause
vulnerabilities exploited by traffickers in Haiti. Although there are inadequate laws to
prosecute traffickers and a weak judiciary system, the ratification of an adoption law and
the proposal of anti-trafficking legislation during the research for the report is an
important step made by the Haitian government.
Word count: 309

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Chapter 1: Introduction
Child trafficking, or the movement of children for exploitation, is a grave human
rights abuse affecting an estimated 1.2 million children worldwide every year (ILO 2012).
The hidden and criminal nature of trafficking makes the phenomenon difficult to quantify
and its nature in certain contexts challenging to identify or describe (Tydlum 2010).
Children who are trafficked end up in situations of abuse or exploitation (Oram 2013;
UNODC 2008). Trafficking has long term, negative effects on the child, their family and
the wider community (UNICEF 2009; UNODC 2008).
Figure 1.1 Child trafficking estimates worldwide
Source: International Labour Organization, 2012
Counter-trafficking programmes encompass prevention, intervention and care of
trafficked children and require the collaboration of social welfare workers, international
and national non-government organizations (NGOs), border control agents, the police
and the judiciary. To combat trafficking, countries require the political will to sign relevant
conventions, fund child protection activities and propose laws that prosecute traffickers
and deter criminal activity through punishment. Key organizations working in the area of
counter-trafficking include the International Organization for Migration (IOM),
International Labour Organization (ILO), the United Nations Fund for Children (UNICEF)
and the US Department of State, which, since 2002, publishes a yearly report on
worldwide trafficking, known as the Trafficking in Persons Report (TIP) (US Department
of State 2013).

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In Haiti, estimates of child trafficking vary from 88,000 - 300,000 children living in
a situation of domestic labour within Haiti and 2,000 cases a year of cross border traffic
to the Dominican Republic (EMMUS IV; UNICEF 2012; IOM 2011). There are no
estimates for the numbers of children illicitly adopted or trafficked to the United States or
countries in Latin America, although evidence of this movement can be found in news
reports (Santia 2013; Go Jamaica 2013).
Historically and in 2013, Haiti ranks poorly on the Trafficking in Persons (TIP)
annual report issued by the US Department of State. The TIP report does not judge
countries on the suspected or estimated numbers of trafficked persons originating,
transiting or arriving in the country but rather the efforts by the government to counter-
trafficking, most specifically the ratification, or not, of international anti-trafficking
conventions. The annual TIP report states, “The Government of Haiti does not fully
comply with the minimum standards for the elimination of trafficking; however, it is
making significant efforts to do so” (US Department of State 2013). This study explains
the significant efforts and recommends further actions to prevent vulnerable children
from exploitation. Despite obvious shortcomings in funding and rule of law, Haiti’s
government recently signed a number of laws and developed program activities in
counter-trafficking.
Haiti faces several challenges leading to children placed in situations of
exploitation. Haiti is a country of 10 million people, 4.6 of whom are children (Cooper
2012, UNICEF 2010). It has the highest maternal mortality ratio in the Americas at
350/100,000 and a history of civil unrest, political and food insecurity (CIA World
Factbook 2012). In 2012, 78% of the Haitian population was living on less than $2 US
per day (World Bank 2012). Politics of the mid-20th
century resulted in rapid urbanization
and political neglect of the Haitian countryside. In 2003, 41% of the population lived in
urban areas and in 2012 this grew to 49% (EMMUS V 2013). Historically, poor families
would send children to relatives in the city to gain access to education, which evolved
over the last decades into a less advantages situation of children being used for
domestic labour (GARR 2009).

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Figure 1.2 Map of Haiti with 10 Departments1
Source: Centers for Disease Control and Prevention (CDC). Fanta Project 2013.
Only 44% of Haitian children live with both biological parents. According to a
Haitian Ministry of Health (MSPP) survey, known as EMMUS, performed in 2012 and
published in July of 2013, 32% of households have orphans or children living without
their parents. (EMMUS V 2013). This rate was lower in the tent camps (about 18%)
(EMMUS V 2013). Not all moved children are trafficked and some children not living with
their parents are not moved but exploited. According to a 2002 report,
Approximately two thirds of children living apart from their original parents are
actually born in their current home. This means that the fact that they are
separated from their parents is not the result of a child's placement, but the
migration or death of parents (MAST 2002, 17).
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1!Haiti’s!ten!regions!are!referred!to!as!departments!

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Figure 1.3 Key statistics on child placement
• 8 out of 10 children under 5 have a birth registration.
• Among children under 18, 44% live with both biological parents and 12% are
orphans of father and / or mother.
• One in five children under 18 are living with neither biological parent.
• As defined by UNICEF, 50% of children aged 5-14 work, this proportion reached
64% in North-East and Center Departments of the country.
• According to the UNICEF definition, adapted to the context of Haiti, 8% children
2-14 years have suffered only "nonviolent sanctions", 5% would have been that
"emotional abuse" and 81% were subject to any form of corporal punishment,
including 16% as very violent.
• Slightly more than one in four (28%) believe children need physical punishment.
Adapted by author, source EMMUS V 2013
The earthquake, which devastated Haiti’s capital, Port-au-Prince, in 2010, and
the subsequent cholera outbreak, further destabilized an already troubled country. The
death toll of almost 300,000 people resulted in additional single-family homes, loss of
income, separated children and orphans, all of which are risk factors to child trafficking
(EMMUS V 2013; Atzet 2010). Almost 1.5 million people were living on the streets of
Port-au-Prince following the earthquake, with little to no access to basic services. The
estimated 209,000 children living in camps as of 2011 were more vulnerable to
trafficking (Cooper 2012; IOM 2011). One report noted;
7% of camps in Port-au-Prince and 9% of camps outside of Port-au-Prince and
13 % of non camp sites outside the capital reported at least one instance of
suspected child trafficking the first month following the Earthquake (Cooper
2012).
In the first six months of 2010, United Nations Fund for Children (UNICEF)
reported 6,000 cases of children moving across the DR border and 459 child victims of
trafficking of the 11,774 children screened at the international airport (UNICEF 2011).
The highly publicized post-earthquake case of American missionaries moving children
illegally to the Dominican Republic drew the attention of the international community to

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the potential rise in trafficking caused by displaced, abandoned or unaccompanied
children and loss of livelihoods after the disaster (Todres 2010; Smolin 2004; Bromfield
2013). Since the disaster, the Haitian government and their partners strengthened efforts
to protect children from trafficking.
1.1 Research rationale
Three years after the Earthquake many organizations intend to turn programs
over to Haitian government-led initiatives. This report aims to review the activities during
the period of reconstruction, with a focus on the Haitian government’s capacity to
counter the growth in child trafficking following the earthquake. This research gathered
information from ongoing activities through key informants at local and international
agencies and performed a review of legislation and judicial cases to better identify
weaknesses in the control of child trafficking in Haiti. The report aims to arm advocates,
officials and program managers with information needed to dedicate more resources into
key areas for trafficked children and their families.
A review of the key theories creates a framework for the investigation of this
research by defining how states can prevent, control and prosecute child trafficking
cases. It will also examine particular susceptibilities of weak states, such as Haiti, to
trafficking. The discussion displays findings from key informants and reports obtained
through the interview process. Finally, a discussion on the strength of the Haitian state in
combating trafficking is discussed and recommendations made for further consideration
and research.

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Chapter 2: Literature review
Although not a new problem, child trafficking is a new area of study with growing
worldwide awareness. Despite the added attention and concern for victims of trafficking,
little academic work exists on the strength of institutions and their strategies to combat
the issue. Similarly, very little documentation exists on specific programmes activities
required for the care of trafficked children.
Populations living in weak states are more vulnerable to being trafficked than
people living in strong states for a variety of reasons. There are three main contributors
to trafficking in weak states, (1) the lack of basic services to prevent the supply of
trafficked children, (2) the lack of state control on child movement and placement and (3)
the lack of prosecution in cases of child trafficking due to a weak or corrupt judiciary. All
three represent a failure or weakness of the state that creates opportunity for traffickers
and/or a supply of children.
Figure 2.2 Government activities related to the prevention, control and prosecution of
child trafficking
Source: Author
Haiti is defined as an enduring weak state or a state that is “inherently weak
because of geographical, physical, or fundamental economic constraints” (Rotberg
1!
Provision!of!basic!services!
Activities:!Access!to!healthcare,!
education!etc.!
2!
Control!of!the!placement!and!
movement!of!children!
Activities:!Regulation!of!orphanages,!
foster!care,!adoption!etc!
3!
Prosecution!of!trafHicking!
Activities:!Arrest,!sentencing!and!
prosecution!of!trafHickers!

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2003). It ranked 12th
on a list of weak states in 2008 (Brookings Institute 2008, 15).
Magrath defines weak or fragile states as one where, “the government cannot or will not
deliver basic functions to the majority of its people, including the poor” (2010, 2). Rotberg
of the Brookings institute explains that Haiti’s ability to “give political goods to its citizens
is compromised” by,
Autocratic and corrupt leadership, weak institutions, an intimidated civil society,
high levels of crime, low GDP levels per capita, high rates of infant mortality,
suspicion or outright hostility from its neighbors (Rotberg 2003 ,10).
Because of Haiti’s lack of racial, ethnic or religious strife, it has not “collapsed into war
but remains handicapped” (Rotberg 2003). Rotberg states, “Haiti seems condemned to
remain weak, but without failing” (2003). At the time of the 2010 earthquake any
previous progression in the rule of law shook as the government was incapacitated and
the population made poorer and more vulnerable by the disaster. The earthquake
damaged 60% of Haiti’s government institutions, the national palace and almost all the
ministry buildings, causing the Haitian State to collapse2
(Office of the Secretary-
General’s Special Advisor 2012). It killed many public servants, further decimating an
already weak state.
In cases of collapsed states, Rotberg claims, non-goverrnment actors can take
over. After the earthquake in Haiti, these actors were not armed internal entities but
rather the international community. The impact NGOs in reconstruction efforts can have
negative consequences for national governments (Donini 2010; Milliken and Krause
2002). Funding from bilateral and multilateral agencies was four times the internal
revenue of the Haitian government in 2010 (Office of the Special Envoy of Haiti 2011).
The international community swooped in to assist but analyses give the relief effort a
poor report card, claiming that much of the aid benefited the countries providing it
(Trasberg 2011; GAO 2013; Walz and Ramachandran 2012; Guardian 2013; Johnston
2013). Less than 1% of the aid funding went directly to the Haitian government, most of
which was dispersed 8 months after the disaster (Office of the Special Envoy of Haiti
2011). None of the money raised from the flash appeal went to Haitian NGOs.
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2!Collapsed and failed states are terms often used interchangeably. In this context “collapsed” refers to the
demise of a government not of its own doing (such as a disaster) as compared to a failed state which,
through its own actions or armed conflict ends.!

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Since the earthquake, the Haitian government has been rebuilding in
collaboration with international agencies. Despite these efforts, sectors of the population
are susceptible to child trafficking due to a lack of basic services.
Figure 2.3 “Relief aid to Haiti by recipient (January 2010-March 2011)”
Source: Office of the Special Envoy of Haiti
Figure 2.4 Continuum of state strength
Source: Author
Strong!
Weak!
Failed/
Collapsed!
Process!of!!
Reconstruction!

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No literature looks at the capacity of weak states to prevent, control and
prosecute child trafficking. Government prevention activities related to trafficking include
the provision of basic services and awareness campaigns. The responsibility of the state
to counter trafficking includes the regulation of child movement across borders,
placement in homes and adoption. Prosecution relates to the strength of a state’s
judiciary and their national legal framework. Trafficking theories analyzing population
vulnerability, government corruption and legal structure’s effectiveness can further clarify
challenges in these categories of government responsibility. When applied to the Haitian
context, the theories highlight which areas Haiti has advanced or stagnated.
As almost all trafficking theories are focused on adults, theories that address
trafficking broadly will be extrapolated in terms of their strength and adaptability to child
trafficking. To frame the research questions, the literature will include the known nature
and trends of child trafficking entering Spring 2013.
2.1 The ability of weak states to prevent trafficking
“Vulnerability is central to any understanding of trafficking” – UNODC, 2013
What causes trafficking? For a trafficker to engage in criminal activity,
opportunities must exist to move vulnerable children from one situation to another
producing an economic benefit. Both the vulnerability of the child and the opportunity for
criminal livelihood are the result of economic prospects.
A parent or caregiver can either be tricked into sending their child into an
exploitative situation or the child can be taken by force. A trafficker’s opportunistic
exploitation of a person’s vulnerability through making false promises is an inherent
characteristic of trafficking and referred to as “recruitment.” The more vulnerable a family
or child is, the more tempting it is for them to take a risk on a promise. These
vulnerabilities associated with trafficking are called “risk” or “push” factors. A 2004
USAID report identified the following risk factors that were inherent in trafficking of
children in Haiti;
• Rural households marked by acute poverty
• Households where water is located at a long distance, e.g., an hour’s walk or
more.

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• A major life crisis, particularly the death or illness of a parent.
• Hunger seasons or periods of food shortage.
• Families of five to ten children.
• Children who have only one contributing parent.
• Children between the ages of six and twelve.
• Girls are more vulnerable to placement than boys, especially for urban
households.
• Children born outside of stable conjugal unions, e.g., pitit deyo (outside children)
or children born to passing (non-enduring) unions (Smucker 2004, 35).
The supply and demand for trafficked children, in the Haitian context, is economical
on more than one dimension. For the receiving households, children are used in the
place of a maid or adopted illegally for moneymaking purposes. Traffickers turned to
crime due to a paucity of other economic opportunities. Families are generally sending
children away due to their poor economic status. In this way, looking at trafficking
through an economics lens, “complements the law enforcement, criminal justice, and
sociology research and practices by analyzing the choices individuals and organizations
make in the human trafficking market” (Wheaton 2010, 3).
Human trafficking is a big business worldwide. The revenue from human trafficking
(according to 2005 data) is US$32 Billion (Wheaton 2010). There are no specific
estimates on the revenue from the trafficking of children, although news stories have
reported the selling of Haitian children for as little as US $50-$150, which would suggest
the supply is high and demand low (Atzet 2010).
Traffickers often are part of a criminal network due to a lack of formal sector
economic opportunities. For human traffickers, the risk or prosecution or criminal
punishment is less likely than in the trafficking of drugs or arms (Wheaton 10). The
economic benefits of trafficking also support the growth or diversification of criminal
networks (Fitzgibbon 2003). Because a state is weak, they cannot provide support to
vulnerable families, nor are there many economic opportunities available, leaving people
to look to crime as a livelihood and in some cases for a child to work when an adult is
unaffordable. This triangle of poor families, crime as a livelihood and a need for cheap
labor creates a challenging situation for a state to control when faced with a poor
economic reality.

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Figure 2.5 Demand for Human Trafficking
Source: Wheaton 2010, 4
2.2 Control on the placement and movement of children
Weak states often do not have a fully functioning civil service, which leads to
poor regulation and oversight in many sectors. Corruption may further debilitate their
work. Government child protection agencies may not have the means, training or
management to oversee protocols and follow-up with potential child victims. Regulation
of adoption, orphanages, foster families, birth registration and papers to move across
borders with children are often corrupted, unenforced or non-existent. These
unregulated placements can be forms of trafficking (Howard 2011). Weak states are
challenged to limit the supply of trafficked children and deter the sources of demand.
Kevin Bales and Friesendorf look at corruption as it relates to trafficking (Bales
2012; Friesendorf 2009). Bales concludes corruption is the leading factor in trafficking
from a country and proposes that “reducing corruption should be the first and most
effective way to reduce trafficking” (Bales 2012, 4). The TIP Report also looks into the
connection between corruption and trafficking and found, “Corrupt activities linked to

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trafficking in persons occur in 64 of the 186 countries included in the 2012 TIP Report”
(Johns Hopkins 2012).
Haiti ranks 165th
on Transparency International’s corruption index (Transparency
International 2012). Although corruption can be a key component of trafficking
(falsification of papers, payment to border patrols etc.), The lack of state control and
regulation results in opportunities for traffickers and corruption is not always required.
Therefore it is an indicator and not a predictor. In Haiti, connections to Haitian diaspora
in other countries may also play a role in trafficking, among other factors (Baker 2009;
Chardy 2013).
Figure 2.6 “Factors in Driving Trafficking from a Country”
Source: Bales 2012, 274

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2.3 International legal framework as a tool to prevent trafficking
The state is responsible for punishing trafficking through legal means. This
requires the signing and ratification of a number of international treaties, education of
legal members of state and fostering an independent, strong judiciary. Trafficking
violates a number of human rights, especially for children (CRC 1989). Trafficked
children are often denied the right to remain with their parents, the right to education and
the right to play. These particular human rights are protected by conventions such as the
Convention on the Rights of the Child and the Hague Convention on Protection of
Children (Scarpa 2006).
The Palermo Protocol is the only International Legal Framework that defines the
necessary state actions required to prevent trafficking. The Palermo Protocol definition is
the most commonly referred to definition of trafficking (reference Glossary) and
smuggling.3
It also clarifies that all agents acting to traffic a child; from the recruitment, to
the exploitation can be prosecuted. The consent of the victim is irrelevant. In the
Palermo Protocol’s definition of exploitation it states minimum examples of exploitation
and encourages a broad application of the term. The Palermo Protocol has been signed
but not ratified by Haiti.
2.4 Child trafficking in Haiti
In Haiti there is both internal trafficking (i.e. countryside to the cities, poor
families, to less poor families) and external trafficking, where children move to the
Dominican Republic, the United States and other Latin American countries.
An estimated 225,000 Haitian children work in domestic labour inside the country
(UNICEF 2012). These children are known as “Restaveks” in Haitian Creole, or “live in.”
They are predominately female and between the ages of 5-17 years (ILO 2012, 1). The
average workday lasts between 10 and 14 hours and the children are often victims of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
3!There is difference between smuggling and trafficking. Smuggling is illegal migration and is a crime against
a state’s laws of immigration while trafficking is a crime against a person’s human rights. Someone can be
smuggled in the beginning of a journey and end up in a situation of trafficking.
!

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sexual and physical violence (Ibid.) According to the International Labour Organization
(ILO), Restavek children stand “4cm shorter and weighs 20kg less than the average
Haitian child” at age 15 (ILO 2012, 1) Not all children who live with others are maltreated
or may be exploited as the trafficking statistic suggests. According to Smucker, there is a
child treatment continuum for children who live with others, he says, “some are treated
kindly as though they were adopted into the family… at the other end of the spectrum,
children are sent to live with strangers as unpaid servant children and are subject to
severe abuse” (Smucker 2004, 20). However, according to the 2004 study, “children who
live away from home tend to be more vulnerable to mistreatment than children who live
at home” (2004, 10).
Fig 2.7 Location and origins of trafficked children by regional department
Source: MAST 2002
The data on cross-border traffic is poor due to the hidden nature of the problem,
the inability to track child movement to other countries and Haiti’s porous border with the
Dominican Republic (GARR 2009; Smucker 2004). Overall, data on trafficking are
estimates and qualitative studies following the earthquake do not reflect the potential
impact of the disaster on child trafficking in Haiti. Few published papers discuss specific

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regions or provide information on predictive indicators for families that send children
away.
2.5 Trends in child trafficking in the Haitian context
Recent studies report changes in the nature of child trafficking in Haiti and trends
where children are more vulnerable. For children trafficked inside and across the border,
there is a growing trend away from parents sending their children to live with relatives
and an increase in the use of an intermediary to place the child with a person unknown
to the parents (Smucker 2004). Smucker observed a trend in his report of “bi-ethnic”
modality, or flow of Haitian infants and minors to Dominican homes (Smucker 2004). A
2009 study showed a growing increase in Restaveks in smaller Haitian cities such as
Saint Marc and Gonaives (PADF 2009; Human Rights Council 2013). The 2013, Report
of the independent expert on the situation of human rights in Haiti noted the following
situation for the concern of Restavek children,
Since March 2012, several children’s organizations have noted a fresh surge in
the number of ‘restavek’ (child domestic workers) who leave the place where
they are living to go and live on the street, or who risk being subjected to
violence, exploitation or other forms of abuse. In recent years, there appears to
have been a marked shift in terms of the kind of families …they tend to be poorer
families in which the children are at greater risk (Human Rights Council 2013,
13).
There is evidence that children are moving from poor cities to other areas of cities rather
than the traditional rural-urban movement (PADF 2009). A study investigating the work
of street children found, contrary to previous notions, that children were not forced to
work on the streets but chose, due to their family or economic situations, to work (ICF
International 2010). The nature of child trafficking may have again changed due to the
disaster but no published post-earthquake studies exist except a report on border
activities performed by Smucker in 2012 and the evidence discussed by the Human
Rights Council report (2013).

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Chapter 3: Research methodology and rationale
3.1 Aims and objectives
The aim of this research is to explore the current capacity of the Haitian
government to address child trafficking in Haiti. To accomplish this aim, the objectives
are as follows; to identify national laws and international treaties that protect children in
Haiti and identify programs in the field of child protection (Objective 1), to explore the
limitations of the law and the strength of the justice system for child trafficking (Objective
2), to explore government programming to protect children from trafficking (Objective 3)
and to offer recommendations for steps forward in the mitigation of child trafficking and
care of children who have been trafficked (Objective 4). The advances and challenges
for the Haitian state in preventing, controlling and prosecuting challenges could lead to
additional actions and increased funding to improve counter-trafficking efforts in Haiti.
3.2 Methodology
“Qualitative research is inherently multimethod in focus” (Denzin and Lincoln, 2003)
The process of collecting data on trafficking is a challenge (Benoit 2005;
Kangaspunta 2005; Lackzko 2002; Tydlum 2010). In the context of weak states, it is
almost impossible, leaving qualitative research as a necessary and important avenue to
understanding trends and studying the impact of anti-trafficking efforts. This study uses a
combination of qualitative research approaches grounded theory and law and policy
analysis.
Qualitative research is an “intuitive and empirical form of generalization based on
the researcher’s own experience…rather than one that is rationalistic and law-like”
(Ritchie and Lewis 2003, 268). It does not generate data, but informs themes and can
elaborate data or causes for the lack of data (Lingard 2008). This study aims not just to
“research and verify facts” but “also to research and generate his explanation of them”
through use of the Grounded Theory (Ritchie and Lewis 2003, 4) The second method of
analysis is Law and Policy Analysis. Policy is an under-studied area of trafficking

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research (IOM 2008). These two theories complement each other by defining the nature
of trafficking and judging the strength of the government’s intervention (Patton 1987).
3.2.1 Study design
Of four sources of information proposed for this research, only three sources
were investigated and analyzed: Key informant interviews in Haiti, focus group
discussions, a literature review and a legal review (the focus groups were not
conducted.) Chronologically, the literature review was performed first, followed by key
informant interviews in conjunction with the legal review.
Literature review
The literature review included over 150 papers and reports accessed through the
University of Liverpool Discover Database and Google Scholar. Numerous
organizational reports were recommended in key informant interviews, however, since
many of them are newly available, confidential or unpublished, these were included in
the results section to show clearly the existing information, the knowledge gained and
the unanswered research questions that formed the scope of this research.
The inclusion criteria, specifically, language, search terms and date are defined
in Table 3.1. Grey literature was included. The exclusion criterion included articles pay-
to-access and literature published before dates specified in Table 3.1. Relevant
newspaper articles were referenced. Given the few studies performed on trafficking, the
search terms in Table 3.1 cast a wide net including studies in Asia and Africa.
Table 3.1 Literature review search terms
Search term Language Date
“Child protection, Haiti, post--
Nearthquake”
English (2000-2013)
“Child trafficking, Haiti” English (2000-2013)
“Child trafficking, Caribbean” English (2000-2013)
“Human trafficking, post--
Ndisaster”
English (2000-2013)

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“Restaveks” English (1970-2013)
“Anti-trafficking legislation in
developing countries”
English (2000-2013)
“Trait des enfants, Haiti” French (2000-2013)
Source: Author
Legal review
The Haitian parliament proposed an anti-trafficking bill for the first time during the
legal analysis. An in-depth understanding of the existing international and national laws
was required to debate, with experts, the context and potential impact of the new law.
The legal review included a review of organizational reports, to outline the current
international conventions ratified by Haiti, the national law (published in Le Moniteur) and
an assessment of the penal code to identify the gaps in the judiciary’s ability to
prosecute traffickers using existing laws. All national laws are publicly available in Le
Moniteur. Shortly before research commenced, IBESR created a compilation of laws,
“La protection de L’Enfant: Legislation nationale et internationale” to raise awareness
and promote easy reference of child protection laws in Haiti. The legal review relied on
this document, internal documents and key informants to assess the application of laws
relevant to child trafficking. The proposed legislation was considered and opinions
gathered. Key informants provided internal program documents on legal concepts that
were not available publically.
Key informants
The selection of key informants used a snowball technique from two originating
sources; the UN Child Protection Cluster List and IBESR recommendations. Key
informants were provided a participant sheet and consent form in French and English.
The topic guide was not provided in advance. The topic guide used standard questions
based on research objectives. The interview inclusion criteria were staff working at a
programme management level in child protection or in academia with a focus in
trafficking in Haiti. The beginning of the field research coincided with the “Day of the
Child” in Haiti, which included week long networking events to discuss initiatives in child
rights and programming in Haiti. The week was planned and hosted by the research

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partner, IBESR. Additional contacts and documents were gathered at these events. All
recorded key informant interviews were transcribed.
Figure 3.2 Snowball sampling for contacts working in child protection in Haiti
!
Source: Author
3.2.2 Analysis
Data was analyzed using the Grounded Theory approach and Law and Policy
Analysis. Grounded theory, developed by Glaser and Strauss, avoids the application of a
theory in analysis that does not fit or an approach that limits the scope of the research
and its conclusions (Glaser 1967). This theory involves the “generation of analytical
categories and their dimension and the identification of relationships between them”
(Ritchie 2003). Glaser and Strauss later differed in their approach, Strauss focused on
the influence of perspectives from informants on the formation of ideas from qualitative
research and the influence of the researcher’s own ideas. Awareness of other influences
on this research was considered and informants are defined by their employment
(Government, US Agency, NGO etc) and whether a local (H) or international informant
(I), but not by gender to protect identities (Strauss and Corbin 1994). Other approaches
of grounded theory used in this research include the simultaneous collection and
analysis of data, memo writing to construct ideas and integration of results into a
UN!Child!
Protection!
Cluster!List!
UNICEF!
SCUK!
IOM!UN!
NGO!!
IBESR!
Child!
Protection!
Brigade!
Government!
Contacts!
Other!

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theoretical framework (Denzin and Lincoln 2003). The theory encourages an inclusive
analysis with a variety of information sources and encourages analysis during multiple
stages of information gathering. This use of Law Policy and Evaluation Analysis to
answer questions about the context for “social policies and programmes and the
effectiveness of their delivery and impact” answered questions on government
effectiveness (Ritchie 2003). Themes from key informant interviews were shared with
the host institution, IBESR, in memos, which were later used to develop the coding
framework in NVIVO 8. The transcribed transcripts were coded according to this
framework.
3.2.3 Trustworthiness
Grounded theory uses 3 criteria for judging the trustworthiness of a study, (1) Fit
and relevance, (2) workability and (3) modifiability (Glaser 1967). The themes identified
matched the topic guide and no adjustments were made to the topic guide as data
collection progressed. There was difficulty in using two modes of analysis initially but
they merged as the themes of vulnerabilities and types of trafficking (originating from the
Grounded Analysis) matched well with the categories of responsibility identified through
Legal and Policy Analysis.
An experienced Haitian social worker, fluent in Haitian Creole, French and
English provided translation. This assured good translation of technical terms in the field
of trafficking/child protection in the Haitian context. Additionally, many French reports
and documents required translation by the author for this report. Back translation by a
native French speaker was provided for key quotes to ensure accuracy.
Three methods of data collection strengthened data and provided triangulation,
or the comparing of results across a range of methods in the analysis. (Mays and Pope
2000). Triangulation is an alternative to validation in social research (Denzin and Lincoln
2003). Over twenty interviews were performed across a diversity of child protection
workers and incorporated as many views as possible. A variety of perspectives
appeared from government, international workers, Haitian NGOs and members of the
judiciary.

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Table 3.2 Range of key informant interviews
Type of Interview Number Performed
Academic (Child Trafficking Specialist) 2
Dominican Republic NGO 1
Haitian Government (Child Protection Agents of Officials) 4
Haitian Non-Government Organization 2
International Non-Government Organization (International and
Haitian Staff) 7
Judiciary 1
Lawyer 1
Police 1
UN Agency 1
US Government Agency 2
Total 22
Source: Author
All reviewed articles were highlighted and kept electronically in Mendeley and
shared with key informants following submission to promote access to published and
unpublished information. All transcriptions and recordings were kept in a secure drive to
back up of all relevant information in case of theft or computer failure. All key informant
interviews were kept confidential.
3.2.4 Limitations of the study
The lack of the children’s voices is a limitation of the report. Research shows the
importance of children’s agency in advocating for child rights and designing child
protection programmes (CRC/C/GC/12 2009). Due to the sensitive nature of this
research, it was not ethically appropriate to discuss trafficking with children or their
families, however, there are strong qualitative research reports that discuss children’s
thoughts and concerns in relation to trafficking in Haiti (Smucker 2004; PADF 2009; ICF
2010).
Due to timing and resource constraints, only twenty-two key interviews were
performed, although they represented a wide range of internationals, nationals,

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advocates and government officials. Additionally, Focus Group Discussions were not
possible due to time and personnel constraints at organizations.
3.2.5 Ethical considerations
Sources for this research included persons programmatically involved in child
protection. Before interviews, key informants filled in a consent form and were made
aware of the nature of the research and objectives. Four key informants chose not to be
recorded. Names and organizations were protected. Due to the sensitive and criminal
nature of trafficking, when interviewing key informants, they were not questioned the
nature or specifics of criminal activity surrounding trafficking but on the government’s
ability and resources used to assist and identify children who have been trafficked and
evidence of arrests or prosecutions. The translator was a Haitian social worker familiar
with the terms and context of the research. This added to the strength of information
gathered in interviews and the consideration for professional difficulties for informants
working with children who have been abused.
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Chapter 4: Results
“They have to do all the hard work. While they are still children. They don’t have a
chance to play, they don’t go to school, they are beaten up.” (H2, Haitian Government)
In the results, the definition and types of child trafficking specific to Haiti are
explained and the various governmental actors and associated activities and present the
legal review presented. The subsequent discussion section will apply the framework of
weak state challenges in counter-trafficking activities to the Haitian context and present
steps made by the Haitian government during the three-year period of reconstruction
since the 2010 earthquake.
4.1 Varying definitions and interpretations of trafficking
The continuum of child trafficking as described by Smucker shows the difficulty in
deciding at what point a child in Haiti is considered trafficked (Smucker 2004). Key
informants had various definitions and interpretations of the term of “child trafficking.”
The Palermo Protocol definition was frequently used but some US funded programs
used the US Trafficking in Persons definition. The interpretations of the definitions also
differed.
“The definition of child trafficking is a situation in which a child is given to
somebody for interests and the person would be abusing the child and that
nothing is done to really protect the child” (H2 Haitian Government).
“Our definition of child trafficking is any situation where a child is removed from
its natural, biological family or analogous environment and placed in a situation of
exploitation” (I1 International NGO).
“By definition I would say that child trafficking is the vehicle by which a child,
under 18 is brought from a situation of freedom to a situation of slavery” (17
Academic).
“We need to use the US TIP definition because we have US funding” (H4
International NGO).

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Defining child trafficking in a French speaking country was challenging as “trait”, in
French can be analogous to the term trafficking in English while the term “traffic” in
French refers to the English term smuggling (PADF 2002).
4.2 Vulnerabilities to trafficking
Many existing vulnerabilities to trafficking are tied to the states’ ability to offer
basic services. Lack of access to basic services, socioeconomic conditions, and poor
access to food were risks to trafficking identified in the interviews.
“The issue is access to basic services in the poorer areas” (I6 International
NGO).
“First you have the economic situation of parents who cannot take care of the
children” (H2 Haitian Government).
“People do not perceive it as such a terrible thing because people are poor. If
the child has access to a meal? What are we fighting? “ (I1 International NGO)
Families assume their children will have a better life away from their present situation.
Desperation leads them to believe putting the child elsewhere will improve their life
chances, that any placement away from the family’s situation is an improvement.
“They will have a better chance with somebody else because they know with
them they know there is nothing they can do for the child. People take advantage
of that” (H2 Haitian Government).
“Moms and Dads in Haiti love their kids and under the promise of a better life,
they feel like they don’t have a choice and they feel like the kid will be better if
they do it. This is why they do it. This is the challenge” (H8 International NGO).
Disasters increase the risk of trafficking because more families are made
vulnerable and deaths in the family can leave children orphaned. Haiti is particularly
susceptible to natural disasters. Frequent hurricanes and the 2010 earthquake were
particularly devastating because of underlying vulnerabilities present in the population,
including poor infrastructure, limited funds for use in emergencies, food insecurity and
crops located in areas subject to flooding during hurricane seasons. According to

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information from GARR, “From 1990 - 99, Haiti has experienced 16 cyclones, and 7
droughts” (2009). Hurricane Jeanne, in 2004, reported to have left 200 orphans and
3,000 dead (Smucker 2005; GARR 2009). The number of orphans created from the
2010 earthquake is unknown, yet, there is evidence the loss of life affected the ability of
parents to care for children and increased the number of children who lost a parent.
“After the earthquake, so many children have been trafficked. Why then?
Because it was a very fragile time, mothers, families lost most of their what they
own, means. So many children also lost their parents and people around them
take advantage of the situation and traffic them” (H13 Haitian NGO).
Crop losses and damaged property that occur during natural disasters can leave families
impoverished. (GARR 2009) These families are more likely to migrate or send their
children to live with others. GARR reported a large influx of Haitian migrants to the
Dominican Republic after the flood in Mapou and Fonds-Verrettes in May 2004. The
floods estimated 1,414 missing and 1,261 dead and 2,399 houses destroyed (GARR
2009). Households who lose income are often unable to send their children to school or
feed them, both risk factors for sending children to live with or migrate with others.
Criminal networks take advantage of these survival tactics.
“Today, Haiti has been a victim of a lot of catastrophes, they are going on and on
and on. The earthquake and a lot of hurricanes. The network takes advantage of
the vulnerabilities. Even in the kids homes, they took advantage after the
earthquake to accelerate the process [of adoption]” (H9 Haitian Government).
Criminal networks take advantage of trafficking opportunities when disasters strike
because networks are both opportunistic and adaptable.
Age, location and gender of the trafficked children is important information for
planning intervention programs and identifying children at risk for trafficking. Haiti has no
national database on trafficked children. Studies by NGOs provide information on
particular areas of the country (Terres des Hommes 2013, World Vision 2011, PADF
2009). During interviews, informants discussed the relationship of a trafficked child’s age
and their potential “use.” Children over 6 are considered, to be old enough to perform
domestic labour by exploiters.

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“It varies because of what they need from the child. Lets say a child is wanted for
illegal adoption perhaps 1-6 because they would have no other memories…For
illegal sex activities, Another group is between 10-17. For physical work,
prostitutions or gangs” (H8 International HGO).
The preference for girls and boys differed according to purpose of their
exploitation. For prostitution or domestic labour, girls are preferred. For other activities,
the preference was for boys (working on the streets, in gang activities and on farms.)
Boys are more likely to rebel than girls working in domestic servitude (PADF 2009).
Figure 4.1 Origins of Restavek children
Source: PADF 2009, 34
The long-term care for victims of trafficking is under researched but of concern
for many key informants and for society. Trafficked children are often uneducated and
suffer mental and physical abuse that make a return to society difficult. They may turn to
crime or prostitution as adults if no intervention is available (UNODC 2008).

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4.3 Types of child trafficking in the Haitian context
Child trafficking in Haiti takes many forms: kidnapping, domestic servitude
(Restaveks), illegal adoption, cross-border movement to the Dominican Republic (DR) or
other countries. The numerous forms of trafficking further complicates efforts to
prosecute, intervene and a care for the variety of victims.
Figure 4.2 Types of child trafficking in the Haitian Context
Source: Author
There are differing forms of recruitment and exploitation. However, recruitment that
preys on vulnerabilities in the population and exploitation are present in all forms of child
trafficking in Haiti.
4.3.1 Kidnapping (unknown numbers)
Kidnapping is the “unlawful detention of a person or persons against their will for
the purpose of demanding for their liberation an illicit gain or any other economic gain or
other material benefit; or in order to oblige someone to do or not to do something”
(UNODC 2001). It is one of the most violent and obvious forms of trafficking. The child is
taken forcibly from a situation and used to extort family members or others for money in
exchange for the freedom or life of the child.
Kidnapping((internal(or(cross1border)(
Restavek((internal(traf8icking)(
Illegal(Adoption((cross(border) ((
Traf8icking(to(the(Dominican(Republic((for(domestic(labour,(prostitution,(illegal(adoption)(
Traf8icking(to(other(countries((for(domestic(labour,(prostitution,(illegal(adoption)(

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“Kidnapping should also be a form of trafficking. If it is for 2 hours or several
days. They are negotiating money and whether the person lives or dies“ (H10
Haitian NGO).
In Cite Soleil, the result of kidnapping is often death. According to one key informant,
children are killed when they are kidnapped because the kidnapper is usually someone
known by the child’s family. There are also cases of kidnapping where children are
brought across from Haiti to the Dominican Republic.
4.3.2 Restaveks (88,000-500,000) (EMMUS IV, UNICEF)
“A child needs an adult but an adult needs a child“ (H13 Haitian NGO Worker)
The definition and number of Restavek children vary. Children that live with other
members of society, other than their parents, are not equivalent to a Restavek child.
Children who move outside of the family or analogous unit into a situation of domestic
servitude where they are treated differently from other household children are
Restaveks. As described previously, many children live outside of their original homes or
in their original homes without their parents. These children are treated on a continuum,
some very well as a formal of informal adoption and some terribly, in a state of domestic
servitude. Of all the forms of child trafficking in Haiti, the Restavek phenomenon is most
studied.
4.3.3. Use of orphanages as boarding institutions/businesses
There are two main concerns of the orphanages system in Haiti, (1) only a
portion of children in orphanages are orphans and (2) a lack of orphanage regulation.
Combine the two issues with corruption and an opportunity to exploit children for
donations or illegal adoption and orphanages become an understudied accomplice to
child trafficking in Haiti.

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Orphanages as boarding institutions
There are an estimated 30,000 children in Haiti living in orphanages and 1% of
children nationwide have lost both parents (EMMUS V 2013). Recent reports show that
almost 80% of children living in orphanages have at least one parent (IRC 2012).
Parents send children to orphanages when they cannot care for them or to receive better
access to education.
“It is a big problem because you don’t really know what an orphanage, what it is
in Haiti … they are in an orphanage while they have parents at home. Can you
call it an orphanage? I’m not sure” (H2 Haitian Government).
Essentially, many orphanages are used as boarding institutions because of the lack of
basic services in the form of education and food assistance.
Only 200 of the 725 orphanages in Haiti are registered. Since many orphanages
are funded by international donors, they do not depend on government registration or
accountability for funding and “they do not have to collaborate and we have no control”
(H9 Haitian Government). Shortly after the earthquake, the term “residential care
centers” (RCCs) replaced the term “orphanage” to reflect the high number of non-
orphans residing child homes in Haiti.
Adoption from orphanages
There are many adoptions of Haitian children to the United States and Europe.
The percentage of illegal adoptions from Haiti is unknown and unstudied, however, the
level of exploitation surrounding the adoption process combined with the paucity of
regulation until the changes in procedures in 2011 set the stage for illicit activity. Further,
the actions of the international community after the earthquake were contrary to the
reaction in other disasters of similar magnitude worldwide. Instead of halting the
adoption process following a disaster, as was done in the Asian Tsunami, adoption
procedures in Haiti were relaxed and expedited (Atzet 2010; Hoffman 2011). The
adoption system in Haiti changed dramatically with the signing and ratification of the
Hague Convention in 2011 (post-earthquake). The implications of this change in law will
be discussed at length in the legal review and discussion.

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Illegal adoptions are possible due to any fault in the process of adoption, from the
choice of adoptive parents, to the consent of the children’s biological parent, or the
orphanage placement itself. The network of legal assistance and orphanage owners in
Haiti who may profit from a successful adoption, regardless of its legality, should create
more skepticism than currently exists. An adoption costs between $10,000 and $25,000
in Haiti (US Embassy 2013; ABC News 2010; Christian Adoption Services 2013). Only
$190 of this cost is related to the government approval process, the rest goes to the
RCCs directly and to lawyers who prepare the adoption paperwork. Adoptive parents
often pay for the child’s costs at the orphanage while waiting for paperwork which
reduces the likelihood of a swift process as there is little motivation to send a child away
who is earning money for the RCC. Payment to orphanages is largely unregulated and
the US Embassy states there are no approved adoption agencies in the country (US
Embassy 2013).
“It is a lucrative business” (H2 Haitian Government)
“Illegal adoption outside of Haiti from the orphanages. It is a business. Kids just
disappear” (H4 International NGO)
This “orphanage as business model,” in Haiti, uses adoptions as a way to generate
income and is not beneficial for the child. Children are also recruited to orphanages to
show need the need for more funding to visiting donors. This model constitutes
exploitation of vulnerable children and is itself a form of trafficking.
There is little control and regulation of orphanages in Haiti. International agencies
usually cannot promote the institutionalization of children which reduces their
programming in areas of orphanage regulation. IBESR made steps to regulate RCCs
since the earthquake, resulting in a number of closures and proposals for more
requirements in registering new RCCs. The ratification of the Hague Convention by Haiti
in 2012 drastically changed the process for adoption for the better by early 2013.
4.3.4 Movement of children to the Dominican Republic (2,000 annually)
Children may move with or without their parents to the Dominican Republic to
seek education, healthcare or business opportunities on a temporary or long term basis.

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A portion of this movement is considered trafficking. Children move to the Dominican
Republic for a variety of reasons, some of which can be beneficial to the child or the
family. Some children cross to daily to go to school (Rhoades 2013). Haitian’s living
along the border cross regularly for market days, to go to the hospital or to work. An
estimated 1 million Haitians live in the Dominican Republic (Progressio 2013). There are
four official crossings between Haiti and the Dominican Republic: (1) Malpasse (Haiti) –
Jimani (DR), (2) Ouanaminthe (Haiti) – Dajabon (DR), (3) Anse-A-Pitre (Haiti) –
Perdenales (DR) and (4) Belladere (Haiti) – Elias Pina (DR).
Photo Caption: Haitian Child crosses the Haiti-Dominican Republic border for
school
Source: Amy Rhoades 2013
There are, however, more than twenty unofficial, unstaffed crossings and more
than 720 kilometers of border which can be crossed easily on foot. Haitian immigration
officials regulate the official border crossings while the Dominican Army regulates the

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Dominican side.4
The corruption and complicity of the Dominican army is well-
documented by human rights organizations in Haiti, which claim bribes are accepted
from the Dominican Army from traffickers and good and clothes are taken from in
exchange for permission to cross the border.
“There is a whole corruption issue on the border. Even though there is some
surveillance. Once you pay the Dominican soldier, they let you go. Once you give
them some money” (H10 Haitian NGO Worker).
Children cross the border from Haiti to the Dominican Republic for schooling
opportunities and move daily before the border opens and after is closes to avoid
detection. This is known but overlooked by Dominican Army patrols along the border.
Once enrolled in school in the DR, these children face a language barrier and trouble
registering for exams.5
A report prepared by World Vision shows the uses of children living in the
Dominican Republic and their origins in Haiti. Information from the report notes an
increase in Haitians crossing the border since the earthquake (World Vision 2011). The
study performed from May to December 2010 reported,
“4,741 children tried to cross the border to the DR at one of the four official
border points, more than half (2,477) were travelling in dangerous conditions (i.e.
without documents, trafficking, smuggling, deported). At Malpasse border point,
there were the highest incidences of child smuggling (247), and the third highest
incidences of trafficking. (World Vision 2011, 1)
Haitian children trafficked to the Dominican Republic are subject to a number of
exploitive situations, the most common being domestic labour and selling goods on the
street for small businesses. There is evidence from the report in an increase in the
amount of sexual exploitation in the border regions not documented prior to the
earthquake (World Vision 2011, 2). There are also reports that children are subject to
organ trafficking in the Dominican Republic, although no specific cases have been
confirmed (CNN 2010).
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
4
There is no Haitian army. Border control was previously performed by the Haitian army until its dissolution
in 1995.
5
Correspondence with journalist in border region of the Dominican Republic

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“You have people getting children to the DR to use for sex, prostitution and you
also have people …they try to get organs from some of the children for people
who have money to pay” (H2 Haitian Government).
Figure 4.3 Forms of exploitation of Haitian children in the Dominican Republic
Source: World Vision 2011
Haitian children are deported frequently from the DR back to Haiti at a rate estimated to
be ten children a day. One qualitative study reported,
“For example, on the day we interviewed CESFRONT6
they collected 8 Haitian
children for deportation – on the basis that they did not have any legal
documentation on their persons. This was considered typical” (World Vision
2011, 3).
Children in these instances are treated as criminals rather than victims of a crime, a
violation of international legal protocols signed by the Dominican Republic. The Haitian
government has agents at the official border crossing but few other agents to cover the
large territory. There are also not resources to receive deported children at the border
who may have been trafficked.
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6!CESFRONT, the DR agency responsible for integrated border security!

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4.3.5 Evidence of other country movement
Evidence of child movement to countries other than the Dominican Republic is
not well documented and difficult to detect (IOM 2013). Brazil and other Latin American
countries were mentioned as destinations for trafficked children in interviews. One
trafficker attempted to take six children to Guyana and was arrested at the Port-au-
Prince airport. The growth in other country movement coincides with the relative ease in
generating fake copies of visas and the ability to move to Brazil with only a transit visa.
“For Brazil, South America, Argentina, you don’t need to use a visa, you can
have a transit visa and they are easy to make” (H21 Haitian Government).
There are BPM agents at the border to check paperwork of children. IBESR added an
“authorization de depart pour mineurs,” an authorization to cross the border with minors
to add further protection for children traveling outside the country in 2013. Both
mechanisms caught traffickers and prevented some illicit movement of children across
the border.
4.5. Main programmatic actors
Programmatic activities span sensitization, the identification of victims,
intervention, reunification of children, arrest and prosecution. These activities are
performed by a variety of governmental agencies outlined in Figure 4.4. The main
governmental actor in the protection of children is IBESR, established by government
decree in 1958 under the Ministry of Social Affairs and Labour (PADF 2007). Their
mandate is to provide research on and protection to vulnerable families, individuals and
children (Le Moniteur No. 31 1958). Their main activities today include child protection,
adoption, prenuptial agreements and research into children’s issues. The Ministry of
Affairs and Labour, which oversees IBESR, is responsible for support to vulnerable
families, which, in 2013, is mainly outsourced to projects run by the Office of the
President or Prime Minister and financed by the World Bank. The Brigade for the
Protection of Minors is an elite Haitian National Police unit dedicated to children and a

43. ! ! Belt,!2013! ! !
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key actor in the fight against trafficking. (Le Moniteur No. 103 1994) The judiciary is the
actor responsible for prosecutions. IBESR has three key departments (1) Administrative
Direction, (2) Social Service Direction and (3) Social Defence. The latter is the most
important for the prevention and control of child trafficking as it includes the “Service for
the Protection of Minors” and the “Accompaniment of Minors” (Le Moniteur No. 82 1983).
Figure: 4.4 Continuum of actors and program activities related to child trafficking
Source: Author
Figure 4.5 The organizational structure of IBESR in 2013
Source: IBESR 2013

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The legal right of IBESR to oversee and care for all children requiring protection
was acknowledged in all key informant interviews during this research, even if later
programmatic discussions revealed actions that contradicted this mandate (i.e. removing
children from exploitive situations without IBESR agents). Usually, this happened only
done in extreme cases. Legally, NGOs (Haitian and International) are required by law to
have an IBESR agent present in the movement and placement of children (especially
those exploited or abused.)
“IBESR is the national organization responsible for child protection. They ensure
that we do things according to the Haitian laws… They are the leader of the
program” (I6 International NGO).
A clear conclusion from the interviews of both governmental and international
partners was the lack of financial resources IBESR has to carry out the legal mandate
provided in Haitian law. Every key informant advocated provisioning IBESR with more
resources. Of particular interest for international NGOs was the need for access to more
IBESR agents for their own programming. NGOs require IBESR agents for their own
programme activities and access to agents is a bottleneck for key child protection
activities. Funding directly post-earthquake provided for IBESR agents to be assigned to
NGOs but this funding was no longer available by 2013.
“IBESR should be reinforced and should be given all the means it needs from the
Haitian government or from the international community…If they care about
children they really need to support IBESR because they have that responsibility
by law to protect the children.’ (H2 Haitian Government)
Decentralization
Before the earthquake, IBESR was in four departments offering the service of
pre-nuptial agreements. Post-earthquake, with support from UNICEF, IBESR expanded
to every region but the West department for child protection activities (Port-au-Prince,
where the national office is located).7
Attempts to place an office inside Cite-Soleil in the
last year (2012 -2013) were unsuccessful. At the time of the writing of this report, there
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
7!Haiti!has!10!departments,!or!regions!

45. ! ! Belt,!2013! ! !
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are plans to decentralize many services to the department offices. The new requirement
(added in 2013) to have travel papers for children has put pressure on the
decentralization of IBESR services. Decentralization is key to providing services to the
most remote and areas of the country susceptible to trafficking.
The decentralization of physical offices to the departments and the expansion of
department office mandates is a key and important strategy according to many
informants. In interviews with employees of the decentralized IBESR offices, the
importance of their work and their ability to be a place of refuge for abused children was
clear, however, they complained about inconsistencies in pay.
Figure 4.6 Decentralization: locations of IBESR in the 10 departments of Haiti
Source: IBESR 2013
Despite the uniform support for IBESR as the entity mandated within the Haitian
state to perform child protection activities, members of the child protection community
did point out a number of difficulties and challenges for the organization. The main
themes were a lack of presence in key areas and the level of training or motivation of
certain staff. Informants noted higher levels of administrative staff as good collaborators

46. ! ! Belt,!2013! ! !
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and facilitators of good work. However, informants discussed the absence of IBESR
present in key locations of concern for child protection.
“They are not working in Cite Soleil. They are supposed to. They have two
people, that have to work in Cite Soleil. No one has ever seen them” (I5
International NGO).
IBESR is a key advocate for laws passed since the earthquake. The government ratified
the Hague Convention in 2011 and proposed the anti-trafficking law in 2013. IBESR also
compiled a book of child protection laws in 2013 and provided copies to lawyers, judges
and advocates to further educate and advance legal issues for children in Haiti.
4.5.2 MAST
The Ministry of Social Affairs and Labour (MAST) performs activities around the
prevention of child labour in Haiti as well as a number of services related to labour and
social services. Tension between MAST and IBESR on areas of overlapping mandate
has a historical underpinning. MAST is seen as a largely political arm of the government.
There is hesitance to build it as a ministry with a large mandate. Many MAST–mandated
activities are performed outside of the Ministry or by IBESR.
4.5.3 BPM
The Brigade for the Protection of Minors (BPM) is a section of Haiti’s police force
focused on children. UNICEF and the French Cooperation assisted the beginning of
BPM in 2003. (USAID 2007)
BPM addresses crimes against children and by children, such as child rape, theft
by children, murder, school beatings and trafficking. They also offer protection to
runaways and lost children (Smucker 2005). There is evidence that “street children and
gangs voluntarily come to the Brigade headquarters to ask police officers to mediate
their internal conflicts” (Smucker 2005, 9). This is a change from normal interactions
between street children and the Haitian National Police, which historically, had a very
poor relationship. BPM monitors the border and airport for potential victims of child

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trafficking. IBESR uses BPM to make arrests in child abuse cases, in closing of
orphanages and are often referred to as the “armed hand of IBESR.”
4.5.4 Other Actors
The National Office for Migration (ONM) and Civil Protection (OPC) in Haiti are
both important government entities in protecting children from trafficking but perform
limited activities related to the protection of children from trafficking. ONM could track
repatriated children and their mode of original movement and potential trafficking (by
land, sea, with parents, alone etc). The OPC is a key player in disaster risk reduction
and could provide more services for child protection services during emergencies such
as safe spaces.
4.6 Main activities
There are a number of program activities that span the protection and care of
trafficked children, namely, prevention, sensitization, identification of victims, care of
victims and family reunification.
4.6.1 Prevention
Trafficking prevention includes both mitigating vulnerability to trafficking by
improving access to education and food and programs that raise awareness of the
dangers of trafficking to people living in vulnerable areas of the country.
Reducing the risk factors
There are key programs, instituted since the earthquake, that target
vulnerabilities to trafficking such as the launch of universal primary education and a
number of food assistance programs such as Ede Pep, Aba Grangou8
and Ti Manman
Cheri. The First Lady, Sophia Martelly began a “National Committee against Hunger
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
8
“Aba Grangou” inspired by the “Zero Hunger” programme of President Lula of Brazil

48. ! ! Belt,!2013! ! !
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and Malnutrition,” (COLFAM) which was established with representatives from the Office
of the President, the Office of the Prime Minister and nine ministries” (UN Human Rights
2013). There are few analyses of the impact of these programs to date, however, the
Ministry of Education states that 1 million children already in school receive tuition
assistance and over 2.2 million children are currently in school compared to 2.1 million
enrolled in school pre-earthquake, despite almost 4,000 force school closures due to
earthquake damage.
Raising awareness/sensitization
UNICEF, IOM, World Vision, IRC and other Haitian and international non-
governmental organizations raise awareness about the dangers of trafficking in
vulnerable communities. The awareness raising activities, or sensitization, occurs at the
community level and at the local government level. Informants expressed a limit to the
impact of sensitization activities in trafficking preventing because of poverty.
“The socioeconomic situation of the vulnerable population has become so dire
that no matter how often that we insist that things could be worse it is very
difficult for them to imagine" (I1 International NGO).
Some families are so desperate they choose to send their child away despite advice to
the contrary. Since the provision of basic food or schools fees is not always a possibility,
it seems reasonable to target traffickers for prosecution to deter them from taking
advantage of vulnerable families.
“If we had one case, that was well publicized that resulted in a conviction. That
would be worth more than 100 hours of radio spots nationwide” (I1 International
NGO).
Family planning was also mentioned as a trafficking prevention strategy. Mothers
with many children are under more economic stress and studies show having a large
family is a risk factor to child trafficking the Haitian context (GARR 2009). Key informants
proposed a collaborative approach with different government ministries include the
Ministry of Health (MSPP) to integrate family planning activities as part of counter-

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trafficking initiatives. A committee of relevant ministries is included in the proposed anti-
trafficking legislation (Francois 2013).
4.6.3 Identification
The identification of victims of internal and external trafficking is very different.
There are no formal measures beyond border control that can identify victims of external
child trafficking in other countries. Typically, if they are identified, it is by NGO workers or
child protection agents of the destination country. Identifying internal trafficking victims
can occur during community awareness-raising activities, referrals from local officials,
the use of hotlines to alert IBESR to potential victims and the collaboration of
government and NGO agents working in the community.
“When you start sensitization people will tell you. We have communities talking
about it. They will say they know there is a family who has a child like this” (I6
International NGO).
An international NGO worker describes the rationale for identifying a child living in
domestic servitude,
“Usually it would be the first step would be 1) is this your biological child 2) why is
this child in the street on a school day and not in a school uniform carrying water
3) do you have biological children and the fourth question is 4) do you have
biological children, if so, where are they? And when the answer is “they’re in
school” already it is kind of a done deal.” (I1 International NGO)
Other identification tactics include watching and speaking with children at water
distribution points during school hours and taking attendance at afternoon school
sessions. Schools in Haiti have a morning and afternoon session and the morning
school is seen as preferable. Children who are Restaveks are more likely to be in
afternoon sessions, if they are in school and are often unable to attend if their chores are
not finished. Child protection agents take role call and check school attendance rates in
order to identify children that may potentially require assistance. IOM assisted 1477
cases since 2005 and categorizes them by the level of vulnerability (red, yellow, green):
Red is very vulnerable (10% of cases) and requires monthly follow up visits.

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4.6.4 Reunification
Caption: Picture of family reunification
Source: International Rescue Committee
Reunifying child trafficking victims with their families is a challenging part of child
trafficking programming and begins with locating the child’s family. The child can be
trafficked far from their original home. Often, the victim’s families’ vulnerable state has
no improved since the child was sent away and is not stable enough for the return,
especially as the child may be in poor physical or mental health as the result of their
exploitation.
For this reason, reunification of trafficked children with their parents usually
includes a number of resources such as livelihood development, economic support and
education fees paid or offered by the agency reuniting the family. The three main
challenges for reunification are the lack of standardization of reunification packages to
families, families refusing children and the lack of funding opportunities for this very
resource intensive part of child protection.
“There isn’t a national strategy of standard package or reunification so families
have different expectations” (I1 International NGO).
“I have gone to places where mothers say ‘I cant feed her you have to go with
her’ and my agents are like ‘he or she is not our child. Its your kid,’ and the
mother goes ‘no no go away with her I already have three’” (I3 International
NGO).

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There are some reports of reunification programs being halted because the communities
are taking advantage of return packages by sending their children away, hoping for the
benefits of the reunification packages and families requesting the benefits of superior
packages because of a lack of standardization.
Locating the child’s family is challenging and further complicated by the division
of child protection agencies in different parts of the country. Following the earthquake,
the major child protection agencies were divided into different areas to avoid overlapping
programs.
“The thing is, it is also difficult because they work in different areas. You can only
work in your area. If you refer someone to Port-au-Prince we cannot intervene
we can just refer the case” (I6 International NGO).
The lack of a referral system between agencies and the small number of agents at
IBESR further complicates referrals between organizations during family reunification
activities.
Chapter 5. Legal review
Reviewing and analyzing Haiti’s national laws is an important component in
determining the capacity of the Haitian state to prosecute trafficking. Key informants
were asked about existing laws (international and national) and potential legislation. The
research question is whether the state has the right tools to be used by the judiciary and
if the judiciary can implement them.
5.1 Existing legislation and its application to child trafficking
Since the earthquake, a number of conventions and agreements were signed to
support for counter trafficking, namely, the Hague Convention (2011) and an agreement
signed in June 2011, between the Ministry of Social Affairs and Labour, the US State
Department and the Brazilian Ministry of External Relations with the assistance of the
ILO. The latter is a “triangular cooperation agreement to eliminate child labor in Haiti”

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(ILO 2012, 1). The first anti-trafficking law, to ratify the Palermo Protocol, was presented
to the Haitian legislature for consideration at the time of the writing of the report.
Prior to the earthquake, in 2005, Haiti signed the Palermo Protocol of 2001 and
ratified a number of other important protocols related to trafficking. Specifically, Haiti
signed the ILO Convention for the Elimination of the Worst Forms of Child Labour
(Convention 182) in July 2007 and the Minimum Age Convention (Convention 138) in
June 2009, both of which prohibit child slavery and protect the right of children to have
access to free basic education (ILO 2012, 1).
Box 5.1 Haiti’s Constitutional Articles related to trafficking
Source: Author
According to the constitution, all signed international laws are in Haiti at the time of
signing (before ratification). In reality, signed but not ratified laws are less likely to be
prosecuted because they are not in Le Moniteur nor included in the penal code.
International Conventions and National laws are presented in categories related to child
trafficking in Table 5.1.
Box 5.2 Law and mandates for key Haitian government child protection actors
Source: Author
Constitution of 29 March 1987
Article 259: The state protects the family, the fundamental base of society
Article 261: The law assumes the protection of all children. The child has the right to love, affection, the
understanding, and moral care and materialized of their father and mother.
!
IBESR:(Institute(for(Well1Being(and(Research:(13!February!1958!Le!Moniteur!!No.!31!4!March!1958!
Article!126:!Adoption!Service!1983!Le!Moniteur!!No.!84!24!November!1983!
(
BPM:(Brigade(for(the(Protection(of(Minors:!29th!November!1994,!Le!Moniteur!103!of!December!28!1994!
!

53. ! ! Belt,!2013! ! !
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Table 5.1 Ratified international conventions by Haiti and Haitian national laws
relevant to child trafficking
Category of Law International National
Protection of the
family
Guardianship is with the Mother and the Father
Article 330, 22 December 1944
The Rights of
Children
UN Convention on the
Rights of Children (1958)
16 January 1979 (signing)
Mon No. 20 March 8
th
1979
23 December 1995 (ratification)
Mon No 21 13 Mars 1995
InterAmerican
Convention on the Rights
of Man (1969)
InterAmerican Convention on the Rights of Man
22 Nov 1969
Art 6 (Free from slavery)
Art 7 (Liberty and rights)
Art 11 (Protection of dignity)
Art 17 (Protection of the family)
Art 19 (Rights of the child)
International Pact – Civil and Political Rights
Decree 23 November 1990 (signed)
Mon No 2 3 January 1991
Child Work Convention de ILO 182
concerning the
elimination of all forms of
child work (2007)
Decree by the National Assembly (2007) Convention
to prevent all forms of child work
Convention against the
worst forms of child
labour (1999)
Decree of the National Assembly 14 May 2007
(ratification)
Mon No. 58 19 June 2007
Age minimum for work and protection for l
13 July 1956
27 October 1919
Mon no 95 September 6
th
1956
Additional UN Convention 14
th
May 2007
Mon No 56 15 June 2007
1973 (p 286)
Trafficking of
children
Palermo Protocol (2001) Signed (2005), Not-ratified
**Anti-trafficking law before parliament at the time of
writing (2013)
Additional UN Protocol
against the transnational
trafficking of persons
(2009)
Trafficking of Children
Decree of National Assembly 12 January 2004
Inter American
convention against
trafficking in minors
Ratified (2003)

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(1994)
Law for the elimination of all forms of abuse,
violence, maltreatment and inhuman treatment of
children (2001)
Additional Protocol UN
Convention Against
Transnational Crime
Mon No 51 11 July 2005
Prostitution of
children
Convention for the
repression of trafficking
of humans for
exploitation and
trafficking (1950)
Ratified (1952)
Protocol, Prostitution of Children and Pornography
Decree National Assembly in August 2002
(Ratification)
Mon No. 51 July 2005
Kidnapping Law against kidnapping and hostages of persons
Lower chamber passed on January 22, 2009
Mon 20 March 2009
Adoption Hague Convention Signed (2011), Ratified (2012)
Adoption procedures
25 February 1966
Mon, No 22 18 March 1966
Decree of adoption (1974)
Regulation of
Orphanage
Regulation of children’s homes
12 December 1971
Mon No. 16 March 1972
9
Source: Author
Table 5.2 includes laws in the penal code available to prosecute in cases of trafficking
and child exploitation. Although there are penal codes to cover illegal movement and
many forms of child exploitation, they do not explicitly refer to trafficking. The
Independent Commission of Human Rights, in 2013, discussed the difficulty of
prosecuting cases when children are voluntary given to traffickers by their parents
(under false pretexts), since they cannot prosecute them as kidnapping.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
9!Laws!are!passed!from!the!Senate!to!vote!and!then!to!the!Lower!Chamber!and!to!the!president’s!office!when!
they!are!passed!to!be!published!publically!in!Le!Moniteur!(Mon).!The!dates!in!the!table!reflect!the!date!they!are!
voted!and!the!date!made!public!depending!on!available!information.!

55. ! ! Belt,!2013! ! !
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Table 5.2 Penal code references relevant to trafficking
Source: Author
10
According to many key informants the ratification (inclusion of provisions in the
penal code) and education of all members of police and judiciary about the existing laws
are important.
“The laws are not the problem it is the implementation of the laws that is really
problematic…The government or the parliament ratifies the convention and vote
laws but they never made the changes in the penal codes or they don’t really
change how it is taught in the police academy” (I6 International NGO).
The existing laws against exploitation of children do not result in a numerous
prosecutions; however, this may be due to the weak judiciary system. The lack of
application shows a need for a more explicit law. The Palermo Protocol is not ratified in
Haiti. The ratification of this law would likely remove Haiti from the Tier 2 Watch where it
currently resides on the US Department of States’ Trafficking in Persons Report.
According to the TIP report 2013, “Haiti does not have a law or laws specifically
prohibiting trafficking in persons.” (US Department of State 2013) It notes that there are
laws that could be used in cases of trafficking, “such as the Act on the Prohibition and
Elimination of All Forms of Abuse, Violence, Ill-treatment or Inhumane Treatment against
Children of 2003 but are not” (US Department of State 2013).
Key informants expressed the desire to prosecute traffickers, which has not
occurred with the current legislation. They believed the prospect of prosecution would
act as a deterrent to criminals.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
10
Information from IOM correspondence
Penal Code Article
Kidnapping 300, 303
Hostage Taking 289, 293
Rape 279
Prostitution of Minors 282, 293
Production of fake passports 115
Irregular or illegal travel Decree of 17 November 1980
Child Labor 332 340

56. ! ! Belt,!2013! ! !
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“The state should give itself the means to crack down on these people and really
enforce the law and set some examples to deter people from treating children
this way” (H2 Government official).
“The lack of legal framework because, in Haiti, if the justice system does not see
a line that says specifically this is trafficking…we have nothing” (I6 International
NGO).
“It is about applying the laws. We have them” (H9 Haitian Government).
According to the US Department of State Trafficking in Persons report, the Brigade for
the Protection of Minors documented 94 cases of child trafficking and arrested 15 adults,
which were sent to state prosecutors. Their research and the research of this report
found no evidence of any trafficking prosecution with the exception of the prosecutions
made against kidnappers. According to the Department of State, this raises, “serious
concerns about accountability for human trafficking in Haiti” (US Department of State
2013). All signed conventions, according to the Haitian constitution become law, making
trafficking illegal through the signing of the Palermo Protocol, but it is clear that the lack
of clarity in the penal code makes these laws difficult to prosecute.
5.1.2. The legalization of child labor and its dissolution
The most ambiguous law regarding child labour was eliminated in 2003. The
Decree of February 1984 declared that children could practice domestic work in Haiti as
long as the adults have a “permit issued free by the management” of IBESR. The law
aimed to ensure children used in situations of domestic labour were provided with
schooling, health services, free time and “the prohibition of inflicting mental torture or
corporal punishment under the pretext of punishment” (MAST 2002).
The perception of the law by child advocates was that the law made legitimate a
wrongful situation for children and in June 2003 the law was eliminated. Some
informants in 2013 claimed that at least under the law, they had a way to track the
number of children living in domesticity, where presently, the problem is more hidden
and undocumented.

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5.2.2 Other laws affecting child trafficking
There is a new law to mandate child support by fathers and an older law that
states that parents are the sole guardians of their children. Key informants discussed
these two laws and their relevance to trafficking. The law mandates child support
payments and equality for children born within or outside of wedlock. This law is not
widely known and has yet to be published in Le Moniteur, which is the last step in
publicizing the law. This would support single-mother households at risk for child
trafficking.
“To decide to place a child somewhere they should be a decision by a judge but
IBESR does it without a decision from the court” (H20 Judiciary).
A decree in 1982, places the responsibility of a child with its parents. The parents
do not have the right to give away their children, according to one key informant; the
state needs to be involved in the alternative placement of a child. However, the practice
of going through formal adoption or foster care is not common. 28% of adoptions of
Haitian children happen within Haiti (Smucker 2005). There is no foster care system
operated by the courts. A pilot foster care program is scheduled for 2013 by IBESR in
collaboration with UNICEF and Terres des Hommes. IBESR hopes to expand this
program to regulate the informal foster care system prevalent in Haiti. Involving actors
outside of the parents would create an administrative process around child placement
through IBESR or the judiciary and reduce child trafficking.
5.2 Proposed anti-trafficking legislation
Proposed anti-trafficking legislation would ratify the Palermo Protocol and
explicitly prohibit and punish the trafficking of adults and children. A draft of the
legislation existed since 2007 and was not put before the legislature until 2013. The first
proposal of anti-trafficking was as a “project of law”, by Deputy Malherbe Francois, a
former member of the Social Affairs Committee. Presented in June 2013 and later
revoked for additional comments, the Ministry of Social Affairs and Labour intends to
introduce the law to vote before the end of 2013. Deputy Malherbe’s introductory letter
provides an argument for the passing of the law. He states,

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The proposed legislation institutionalizes the prevention and the fight against
trafficking of persons and will allow government to put in place a strategy to fight
against this plague…The violation of human rights are at the same time are a
cause and a consequence of traffic of human beings… The Republic of Haiti
does not have any appropriate legal tools to fight certain crimes and certain
infringements committed in the context of the traffic of persons. There is a judicial
vacuum in this domain…(Francois 2013, 2)
The draft law further explains the type and nature of trafficking and the proposed
consequences, of 7 to 15 years in prison or longer for egregious cases (Francois 2013).
In Haiti, a successful prosecution does not lie only with the law. The justice system in
Haiti, weak from years of corruption and lack of judicial independence, will be a
determining factor, regardless of the successful voting of the proposed anti-trafficking
legislation.
5.3. Judiciary
The judiciary in Haiti is very weak and often lacks independence from political
party influence. Judges are threatened and bribed. According to the UN Human Rights
report, Michel Forst says he was “struck by reports from judges who deal with serious
crimes that they fear being subjected to reprisals by defendants in the cases before
them. Several judges reported that they were unable to dispense justice calmly, because
of explicit threats made against them or their families” (2013, 2).
The recommendation by the report was to provide members of the judiciary with
extra protection, but with the current staffing level of only 1 Haitian National Police officer
per 1000 people, the resources to provide security is unlikely. Additionally, the report
states evidence of appointments or removal of judges for political purposes. Key
informants expressed the priority to educate the judges and lawyers about the anti-
trafficking law. Some local organizations have educated judges and government officials
on key issues such as trafficking. In the last few years, the Haitian chapter of the
International Association of Women Judges organized training on women’s and child
issues country-wide.