By Rebecca Nhep and Kate van Doore

Orphanage trafficking is a type of child trafficking that involves the recruitment and/ or transfer of children to residential care institutions, for a purpose of exploitation and/ or profit. It typically takes place in developing countries where child protection services systems are highly privatised, under-regulated, and primarily funded by overseas sources. In such circumstances, residential care is used prolifically and inappropriately as a response to child vulnerability, including lack of access to education.

THE RISE AND FALL OF FRAUDULENT INTERCOUNTRY ADOPTIONS

The trafficking of children into orphanages in Cambodia was originally associated with fraudulent intercountry adoptions in the late 1990s. Orphanages were a transit destination where trafficked infants would be transferred, harboured and represented as orphans eligible for intercountry adoption. Each child would attract fees of up to USD $20,000 paid by adoptive parents. A number of stakeholders profit from this practice, including adoption agencies, brokers, buyers, child recruiters, officials involved in issuing fraudulent documentation and the directors of the institutions where children were harboured. Evidence of the widespread practice of trafficking of Cambodian children for intercountry adoption came to light in 2001. The industry was largely shut down as countries, most notably the US, closed their borders to adoptions from Cambodia. The primary US adoption agency and adoption broker at the centre of the largest racket were prosecuted in the US under visa fraud and money laundering charges. In Cambodia, human trafficking charges were brought against three orphanage staff involved in the trafficking; however, none progressed to prosecution, with charges in all three cases ‘quietly dropped’.

Since then, the Law on Intercountry Adoption and supporting regulations have been introduced in Cambodia to meet its obligations under the Hague Convention aimed at eradicating fraudulent international adoptions. Specific offences were also included in the 2008 Criminal Code to enable the prosecution of prohibited conduct with respect to the facilitation of adoption. Adoption was also included as a specific purpose for trafficking offences in the Law on Suppression of Human Trafficking and Sexual Exploitation 2008 (TSE Law). Intercountry adoption from Cambodia remains largely closed whilst critical child protection and care system reforms are implemented. Such reforms are necessary to ensure intercountry adoption is used as an option of last resort for children for whom all domestic possibilities have been genuinely explored and exhausted.

Brisbane: Law Futures Centre, Griffith University , 2021. 67p.

By Anouar Boukhars

Terrorism, weapons smuggling, drug and human trafficking, and migration flows are driving many North African countries to bolster their border defenses. Current tactics include building miles of trenches, barriers, and fences, as well as employing sophisticated drones and surveillance technology. But will they be effective and at what cost? A close study to answer this question is worthwhile, given the number of countries worldwide either contemplating or adopting such measures.

In the Maghreb region, the efforts of Algeria and Morocco—two antagonistic countries that have gone the furthest to seal themselves off from each other—are falling short. They have had some success in stemming illicit cross-border trade, but smugglers have merely learned to adapt, changing what and how they smuggle and exploiting persistent corruption. Moreover, the security fortifications have worsened the economies of already struggling border regions, fueling protests and leading young smugglers to dabble in drug trafficking. Unless both governments take a more coordinated socioeconomic approach to border security, the isolated communities that populate these neglected peripheries will remain a potential incubator for instability.

Washington, DC: Carnegie Endowment for International Peace, 2019. 13p.

By Elizabeth Such and Habiba Aminu

This report, titled “The prevention of Adult Exploitation and Trafficking: A Synthesis of Research Commissioned by the Modern Slavery and Human Rights Policy and Evidence Centre (PEC)”, offers a comprehensive synthesis of studies commissioned by the Centre on adult exploitation and trafficking, identifying the profile of prevention in its research, the characteristics of studies, the themes of prevention-relevant research and the gaps in the evidence base.

The synthesis draws on research conducted between 2020 and 2024, organised into a public health model with prevention strategies at multiple stages: primary (before harm occurs), secondary (early intervention), and tertiary (after harm occurs) and preventing re-trafficking). This framework, known as the BETR continuum, serves as a guiding structure for categorising research findings and gaps across various studies in the PEC portfolio. The report emphasises the need for a multi-agency, system-level approach and highlights areas where prevention is under-researched, notably in primary and secondary prevention and systemic responses to prevent re-trafficking.

Nottingham, UK: Modern Slavery and Human Rights Policy and Evidence Centre, 2024. 32p.

By Sylvia Walby and Karen A. Shire

The book offers a theory of trafficking and modern slavery with implications for policy through an analysis of evidence, data, and law. Despite economic development, modern slavery persists all around the world. The book challenges the current fragmentation of theory and develops a synthesis of the root causes of trafficking chains. Trafficking concerns not only situations of vulnerability but their exploitation is driven by profit-taking. The policy solution is not merely to treat the issue as one of crime but also concerns the regulation of the economy, better welfare, and social protection. Although data is incomplete, methods are improving to indicate its scale and distribution. Traditional assumptions of nation-state sovereignty are challenged by the significance of international law historically. Going beyond the polarization of the debates on sexual exploitation in the sex trade, the book offers an original empirical analysis that shows the importance of a focus on profit-taking. Although individual experience matters, the root causes of trafficking/modern slavery lie in intersecting regimes of inequality of gender regimes, capitalism, and the legacies of colonialism. The book shows the importance of coercion and theorizing society as a complex system.

Bristol, UK: Bristol University Press, 2024. 

By Chase Childress, Amy Farrella, Shawn Bhimani, and Kayse Lee Maass

Law enforcement interventions continue to be the primary mechanism used to identify offenders and illicit businesses involved in human trafficking, yet trafficking continues to be a thriving international operation. We explore alternative mechanisms to disrupt illicit operations and reduce victimization through labor trafficking supply chains using supply chain disruption theory. Using a case study approach to examine one federally prosecuted labor trafficking case in the agricultural sector, we (1) extend criminological concepts of disruption by identifying sources and methods of disruption and (2) inform criminal justice system responses by presenting novel methods of assessing effectiveness of anti-human trafficking policies and programs.

Victims & Offenders, 2022. 39p.

By Tuesday Reitano and Prem Mahadevan

This brief brings together key lessons emerging from GI-TOC research on the smuggling of migrants (SOM) between 2015-23. The research emphasises (1) The need to provide sufficient opportunities for legal migration (2) The importance of timing for enforcement-led responses (3) The adaptive nature of the smuggling industry, with route changes being implemented swiftly in response to seemingly formidable obstacles to population movement.

Hostility towards migrants has increased in the aftermath of COVID-19, however drivers of migration have intensified. Regional smuggling markets and routes are consolidating under influential poly-criminals, while governments crack down on smaller players. To counter this, state intervention efforts might consider prioritising the slowing, and ideally, the reversal of this consolidation. This would require a holistic approach that addresses migrant smuggling through development interventions, over solely concentrating on interdiction measures.

Policy implications

• Legal migration prospects offer a clear boundary between lawful and unlawful entry, facilitating prompt action for those not using established channels.

• Setting up humanitarian support infrastructure along smuggling routes could help mitigate power imbalances between migrants and smugglers

• Multilateral intelligence collection states with visa-free travel arrangements between them, could use tracking to detect criminal consolidation on key routes, enabling targeted interdiction and counter-action against smuggling networks.

• Differentiating between migrant smuggling networks: standalone operations vs. career criminal groups.

• Partnering with NGOs and CSOs could help map smuggling networks, as they often have access to migrant accounts.

• Strengthening of data collation capacity within law enforcement agencies could build up a longterm evidence base to curate policy responses.

Briefing Note 28

The Hague: Serious Organised Crime & Anti-Corruption Evidence (SOC ACE), 2024. 10p.

By Polaris

We have long known human trafficking to be a pervasive and versatile crime, as traffickers and exploiters adjust to changing environments. The COVID-19 pandemic showed us the profound adaptability of human trafficking. A global pandemic did not stop or impede trafficking from happening and, with few exceptions, did not seem to change how it happens or to whom it happens. In this report, we examine data from the National Human Trafficking Hotline from January 2020 through August 2022 and explore a snapshot of the top findings of human trafficking during the calamitous pandemic years. We provide top trends and answers to questions we typically report on as a part of our data analysis, and introduce how select trends that began early in the pandemic changed or continued as the crisis evolved. 

Washington, DC: Polaris, 2024. 10p

Edited by Anna Triandafyllidou

The Routledge Handbook of Immigration and Refugee Studies offers a comprehensive and unique study of the multi-disciplinary field of international migration and asylum studies. Utilising contemporary information and analysis, this innovative Handbook provides an in depth examination of legal migration management in the labour market and its affect upon families in relation to wider issues of migrant integration and citizenship. With a comprehensive collection of essays written by leading contributors from a broad range of disciplines including sociology of migration, human geography, legal studies, political sciences and economics, the Handbook is a truly multi-disciplinary book approaching the critical questions of: migration and the labour market; integration and citizenship; migration, families and welfare; irregular migration; smuggling and trafficking in human beings; asylum and forced migration. Organised into short thematic and geographical chapters the Routledge Handbook of Immigration and Refugee Studies provides a concise overview on the different topics and world regions, as well as useful guidance for both the starting and the more experienced reader. The Handbook’s expansive content and illustrative style will appeal to both students and professionals studying in the field of migration and international organisations.

Abingdon, Oxon, UK: New York: 2016. 416p.

By Beth Mullan-Feroze and Kamena Dorling

The Home Office routinely detains people who are subject to immigration control only to release them again back into the community,1,2 causing them significant harm in the process.3 This includes survivors of trafficking and slavery.4 Survivors are detained either after imprisonment, with many having been wrongly convicted for offences they were forced to commit by their traffickers, and/or because they do not have permission to remain in the UK and have not received the support necessary to enable them to disclose that they have been trafficked. For example, many survivors of trafficking are detained for removal after being picked up during raids on brothels, nail bars and cannabis farms. 1 See Immigration Detention in the UK - Migration Observatory - The Migration Observatory. 2 Out of the 25,282 people who entered detention in the year ending March 2022, there were only 3,447 enforced returns (14%) - Home Office National Statistics, How many people are detained or returned?, May 2022 3 Helen Bamber Foundation, The impact of immigration detention on mental health – research summary 4 The terms ‘trafficking’ and ‘slavery’ are used interchangeably throughout this report, with the primary term being ‘trafficking’. ….

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  The term ‘survivor’ is used throughout this report unless specific reference is being made to Home Office policy, where the language is mirrored and ‘victim’ is used. 5 The Modern Slavery Act 2015 section 49 Statutory Guidance on Identification and Care recognises the impact of trauma and lists the reasons why a person may not self-identify and/or be reluctant to disclose their situation of exploitation. 6 These include the 2016 Shaw Report, the 2018 progress report also undertaken by Stephen Shaw, and the 2019 reports by the Joint Committee on Human Rights and by the Home Affairs Select Committee. 7 Home Office, Draft revised guidance on adults at risk in immigration detention, February 2021 8 Home Office admits new immigration plans may see more trafficking victims locked up | The Independent 9 Home Office National Statistics, How many people are detained or returned? , May 2022 It is well recognised, including in the UK Modern Slavery statutory guidance,5 that survivors can be highly traumatised, and afraid of sharing their experiences of trafficking and exploitation for a multitude of reasons, including but not limited to: shame, fear of stigmatisation, and threats from traffickers who may still be controlling them. Survivors are often fearful of authorities and those authorities frequently fail to identify trafficking indicators, or to act appropriately when such indicators are apparent. Numerous government-commissioned or parliamentary reports and inquiries have already highlighted that the Home Office is failing to identify vulnerable people, or even to release people from detention once identified as vulnerable or trafficked.6 Instead of taking urgent steps to address these existing problems, the government has introduced changes to law and policy over the past year that have worsened the situation. While previous Home Office policy stated that victims of trafficking (among other vulnerable groups) were only suitable for detention in exceptional circumstances, in 2021 survivors of trafficking were brought entirely under the scope of the controversial ‘Adults at Risk’ (AAR) policy,7 despite the government recognising that this would result in more survivors of trafficking being detained.8 Under this policy, being a potential and confirmed victim of trafficking is only an ‘indicator’ that someone is an adult at risk who is more vulnerable to suffering harm in detention. The Home Office has stated that this policy should strengthen this presumption against the detention of those who are particularly vulnerable to harm in detention. However, it has actually increased the detention of victims of trafficking who now face increased evidential requirements to show the harm that detention is causing them. In addition, their immigration and criminal offending history, which could be linked to their trafficking experience, is more likely be weighed up in favour of their continued detention rather than understood in the context of the exploitation they have suffered.

London: Helen Bamber Foundation, 2022. 31p.

By Julian Rademeyer

Six thousand rhinos have fallen to poachers’ bullets in Africa over the past decade and only about 25,000 remain – a fraction of the tens of thousands that roamed parts of the continent fifty years ago. Dozens more have been shot in so-called “pseudo-hunts”. Across Europe, castles and museums have been raided by criminal gangs in search of rhino horn trophies. And in the United States, businessmen, antique dealers – even a former rodeo star and a university professor – have been implicated in the illicit trade. Driven by seemingly insatiable demand in Southeast Asia and China, rhino horn has become a black market commodity rivalling gold and platinum in value. Borders, bureaucracy and a tangle of vastly different laws and legal jurisdictions are a boon to virulent and versatile transnational criminal networks and a bane to the law enforcement agencies rallied against them. Again and again efforts to target syndicates are hamstrung by corruption, governments that are unwilling or incapable of acting, a lack of information-sharing and approaches to tackling crime that wrongly emphasise arrests and seizures over targeted investigations and convictions as a barometer of success.

Geneva: Global Initiative against Transnational Organized Crime , 2016. 64p.