Policing violence against children

Policing Violence against Children: Our Experiences[1]

Dr. Govind P. Thapa[2]


Introduction

Children are considered as precious gift of nature to humanity. They are the future of the world and real successor of next generation. In the absence of children, we cannot imagine the future of the world. Not only human beings but also all creatures go through the stage of childhood and it is considered as a best period of life. However, not all children enjoy their childhood. These children have to struggle for their survival-—for some--even before their birth. The early detection of the sex of the girl children has jeopardized their life because many parents abort them finding that they are girls not boys. Even those who are born, face the risk of being snuffed at the early stage of their life. Many unlucky children, later in their early childhood, are more likely to be abandoned, beaten, terrorized and sexually abused, and even killed.

Violence against children is certainly not new phenomenon in our society. Millions of children throughout the world fall victims of violence. They suffer from the agony of various forms of violence. Despite of national and international publicity and scrutiny against the violence against children, many children suffer from abduction, sexual abuse, trafficking and exploitation. In addition to these forms of violence, the definition of 'violence' to children varies from country to country and culture to culture. Different countries have differing levels of 'legal' violence to children, characterizing such violence as forms of allowable punishment. Only a few countries prohibit all types of violent punishment of children.

Forms of violence

Child abuse is incorporated in provincial, community or in society where evil traditions are practiced. In Nepal, the condition of children is in a deprived state. Most of the children are at different level of risk and some of their future is completely at abyss. Children in Nepal are underdeveloped in every division due to poverty, illiteracy, traditional creed, and social environment. They are deprived of education and implied to work as labor. The abuses of children for the commercial exploitation are a very old phenomenon, which is as old as the profession of prostitution. Some of them are discarded from the family and some others are forced to involve in prostitution. The deserted ones are forced to live in street as a street child and there are lots of example of involvement in crime and exploitation of those children by the hand of hardcore criminals.

Violence against children manifests itself in a number of forms. Children are recruited, encouraged, entrapped and forced into sexual slavery, prostitution, pornography, and sex tourism. They are 'sold' under the cover of inter-country adoptions, for organ transplants, exploited for their labor, and instrumentally used in criminal activities, such as selling drugs, robbery, burglary and petty theft. However, the exact scope of the problem is not known as it has been only in the last few decades that the prevalence of deliberate physical and mental violence to children by parents and others has begun to be widely acknowledged and documented.

The forms of violence against children are numerous. Some of them can be listed as under:

Family violence;
Beating in schools;
Child labor;
Abduction;
Abandonment;
Murder;
Rape and sexual abuse;
Child marriages;
Exploiting children for begging and other forms of hazardous labor;
Trafficking children for camel jockeying and other sexual exploitation;
Abusing them in political demonstrations/riots;
Children used in conflicts as child soldiers;
· Children sold for organ transplants;
· Children given-away for international adoption;
· Children used in criminal activities etc.]

In this paper I will be discussing on the responses of police to the grievous of all the violence—sexual violence—against children.

Current situation of sexual violence

Amongst all forms of the violence against children, the sexual abuse is the moist horrible and inhuman. Child abuse is the illegal sex acts performed against a minor by an elder person for their sexual satisfaction, who is in possession of trust or power. Children are very vulnerable and are not mature enough to protect themselves from sexual exploitation. They are physically and mentally immature and they are easily targeted. Child sexual abuse is one of the chief factors which give them psychological trauma. Child abuse and their sexual exploitation are the serious nature crime targeted towards children.

The world, already into the third millennium, is on the threshold of a new era. To its credits, there have already been some stunning advances that have touched the lives of the people. Yet, in spite of great human progress, the absolute number of children affected by sexual crime is staggering. It is a widespread phenomenon in both the developed and developing countries. Every country has fallen prey to sexual abuse of children. No country in the world is free of this indignity and immorality. Children’s from all over the world are victims of sexual exploitation. In the context of Nepal, sexual crime against children is an up-going trend in the crime-charts of Nepal.[3] All over Nepal, many children are at risk of sexual exploitation because of a flourishing local sex trade. The reports of STOP/Maiti and ILO reveal that around five to twelve thousand women and children are trafficked annually from Nepal and 72% of them are children below 18 years of age.[4] Children working at various places such as domestic households, carpet-factories, hotels, construction-sites, pubs, and street children are also becoming victims of sexual abuse and exploitation. Almost 60% of survivors of child sex abuse and rape are girls below 18 years.[5]

Today, tourism promotion is considered a part of economic development. However, in some countries, tourism appears to be directly connected with the presence of extensive sex industries. Though exact figures are not available, the growth of tourism has been found as a contributing factor to the growth of sexual exploitation of children. It is an intolerable form of exploitation for the purpose of sex—sex-tourism—has found its way into the tourism market. Some of the investigations have disclosed that tourism is using pre-pubertal children for sexual purposes for generating income in a most organized, deceptive, lucrative, and expeditious manner. The paedophiles from the foreign countries are taking advantage of lax of effective law enforcement system of Nepal. This was evident from the past cases of paedophiles escaping punishment and instead of that enjoying impunity. It was then discovered that large international networks of paedophiles were visiting and often living permanently in Nepal. For cover-up, most of them have opened 'orphanages' and 'street shelter' for poor and neglected children. They are active under these 'canopy' of protection.

Negative impacts of sexual violence

The permanent psychological trauma inflicted by sexual abuse and their exploitation is the most widespread negative impacts.[6] The sexual exploitation of children endangers their mental and physical health and impairs all aspects of their development. The result of the abuse and exploitation is damaging. Sexually abusive acts involving children is a licentious and antisocial acts that occur due to socio-legal flaws. These acts not only damage the children emotionally but also affect the whole society and family.

The following impact occurs due to child abuse and sexual exploitation:

· It has been observed that family of the victim is usually ostracized by the whole society; Family is outcast from the community;
· Child abuse and their exploitation can deteriorate the dignity of whole society;
· Child abuse and their exploitation can disrupt the social fabrics. Confrontation, conflict and hostility can take place in community;
· The physical and psychological/mental damage is conceived;
· The child develops hatred towards sex;
· Hatred towards male.

In fact, the sexual abuse shatters the mental fibre of the child.

Child victim and criminal justice system: some flaws and remedies

The national and international community has responded to the increased awareness and public scrutiny with the development of standards and norms prohibiting violence to children and establishing a framework of principles and standards to respond to victimized children and children as perpetrators. International norms prohibiting some forms of violence against children, such as trafficking for the purposes of prostitution, date back to the beginning of this century. Yet, it has been only in the past decade that this issue has become a priority within various United Nations entities. The adoption of the Convention on the Rights of the Child in 1989 provides a clear statement prohibiting all forms of violence against children, reaffirming previous human rights instruments. Within the United Nations Commission on Crime Prevention and Criminal Justice, attention is paid to the development of concrete criminal justice standards and strategies that address children’s roles within the criminal justice system, as both victims and perpetrators.

Victimized children have various experiences with the national criminal justice systems. For many, the criminal justice system does not exist at all. Some of the laws are often erroneous. In terms of combating violence against children, there often exist gaps and ambiguities in the laws criminalizing violence to children. Laws tend to be piecemeal, focusing on specific forms of violence rather than dealing comprehensively with all forms of violence to children. When the law is in place, there is often weak law enforcement. This can lead to victim apathy, distrust, and avoidance of the system. At this juncture the victims of sexual assaults need the following legal assistance:
1. assistance to report the crime to the police;
2. assistance to explain the crimes to the police and to ensure that the police consider their problems seriously;
3. assistance to take the crime from the police to the prosecutor;
4. assistance to help the prosecutor vigorously prosecute offenders;
5. assistance to help the court deal with the case efficiently;
6. assistance to ensure the judge treat cases of violence with care.[7]

Children as victims and witnesses in criminal matters are often seen as unreliable witnesses who frequently lead to their complaints or requests for help being disbelieved or ignored. Child victims of sexual abuse or exploitation often endure rough and probing police investigation followed by cross-examination by the accuser’s lawyer and judge in court. Most children are too intimidated by the insensitive, lengthy and public process to take the case to trial.[8] The legal framework in many societies remains defined by adult male perceptions and male standards, often resulting in a criminal justice system that is callous and insensitive to the needs of children in general and the girl child in particular.

Victimized children may be treated as perpetrators of crime in certain circumstances. The danger is enhanced when children have been instrumentally used in criminal activities. In most countries, authorities have pick up trafficked and sexually exploited children. These children end up in a justice system geared to adults. Authorities treat these children as criminals rather than victims. In certain situations, such as trafficking in children, corruption among police and other enforcement officials is cited as a major obstacle. Some child victims of trafficking report that they are transported by or with police in uniform, armed and often in police cars across borders and to brothels.[9] Once in brothels, victims report extensive police usage of brothels free. Some police are blamed for 'keeping' the brothels under their protection. In some other situations, such as sex tourism, a concern exists over the high level of State involvement and complicity. Some suggest that this complicity may be due to the reluctance of some States to restrict the promotion of tourism in general.[10]

The plight of the street children of Nepal is very pathetic. Even the police maltreat and terrorize them. Quite often, the 'clean up city-street' campaigns have been conducted to round up alleged street children and send them to closed camps, without due process measures. Trafficked children trafficked across borders have also been treated like criminals in the countries of destination as illegal immigrants or as prostitutes. Most of these are subjected to arrest, detention and deportation. The authorities take and place them in 'education camps' or transported to 'rehabilitation centers' without due legal process and humane consideration. Even Nepal does not have a law to protect immigrant victims of trafficking. Back in their own country also, they are prosecuted as criminals or are refused re-entry. Some of the draconian policies and practices in many countries deter children from reporting violence to authorities. The failure to distinguish these children as victims from perpetrators is a significant drawback to the implementation of UN standards and other minimum standards rules recommended by international community.

Policing violence against children
With the growing concern of the international community to the violence against children, a framework of international human rights instruments and UN mechanisms have been developed to respond to this problem. Somewhat piecemeal, these norms cover a wide range of the manifestations of violence against children. Setting standards is a first step, and while it is an important and necessary one, it is not enough—rather the beginning. Despite significant strides in international law, many sexual violence crimes go unpunished because of flawed investigations and prosecutions.[11] There must be effective implementation at the national, regional and international levels.
The traditional assumption that parents and adults have authority over children due to their dependent nature increases the child’s vulnerability. Despite the growing recognition of children’s rights as human rights, children continue to be seen as property on the part of adults who treat them as though they were inanimate objects, to sell, buy, exploit or to get rid of. The low status of children is reflected in the fact that only a handful of countries have adopted laws to give children the same protection those adults enjoy from physical assault. In many countries, including Nepal, violent punishment, including beatings, remain 'common' and 'sanctioned' by community.[12]

National criminal justice systems are involved in responding to violence against children. However, there are needs for reforms in this sector. The criminal justice systems is expected to become even more effective tools in denouncing, preventing and responding to incidents of violence against children. At the very least, measures must be taken to ensure that crime prevention and criminal justice practices are themselves not contributing to the re-victimization of children, whether the children are victims or perpetrators. It is imperative to ensure that national systems are made more effective for combating violence against children and avoiding re-victimization of the child.

There is a growing voice that the present criminal justice system has failed in delivering justice to the victims—victims of any kind. The meaning of 'justice' is different to the victims. The adversarial justice system has not been able to address the needs, interests, and rights of victims. Even if the offenders are punished, the victims remain unjustified. Very often, the victims find that their own family members and the society blame them and socially exclude them. Therefore, there are strong resentment and dissatisfaction with the current justice system and seek for restorative justice system.

Nepal Police have a significant role in preventing and investigating crimes against women and children. It is a matter of pride for the police that it has already shown great concerns in this regard.[13] It has operated and extended its activities to several district by establishing Women and Children Service Centers and launching various programs. Nepal police have pioneering credit for establishing these centers.[14] However, coping with this problem cannot be the sole responsibility of any single agency. Despite of having many plans, strategies, policies and laws, and institutions—that have failed to address the problems—there are needs for reviewing and restructuring the whole system and developing a more integrated and comprehensive plans and implementing mechanism. There are needs for defining the specific roles and responsibilities of various governmental and non-governmental organizations, media, and community at large.

Conclusion

Amongst many forms of abuses, the gravest of them is the sexual abuse. Very large numbers of children are abused for commercial sexual purposed every year, often ending up with their health destroyed. Child sexual abuse—the unspeakable crime so hidden under layers of guilt, shame and societal pressure—goes undetected and unpunished, while its victims live with the torment all their lives. Prostituted children are raped; beaten; sodomized; emotionally abused; tortured; and even killed by pimps, brothel owners, and customers. The law enforcing authority treats these child prostitutes as criminals rather than the victims of sexual exploitation.

In some cases, police demand sexual services from the street children, threatening them with arrest if they do not comply. In detention and correctional homes, not only staffs but also other inmates sexually abuse children. The adult and caretakers exploit children in refugee camps and sometimes, children are forced to sell their bodies for food. Employers of children assault or rape them frequently. Staff members or other senior children may abuse children in orphanages. In conflict areas, abductions and kidnappings of children take place for the purpose of either to serve as child soldiers and as sexual servants for adult soldiers, and for handsome ransoms.

We have failed to work out the administration and management of this problem in effective way in Nepal. We need to form and divide the responsibilities among different agencies and organizations. We require separate bodies to take care of the prevention, the containment or crime control, and protection and reintegration aspects of the problem. In this respect, one of the best approaches is the prevention and control through community partnership.[15] The active participation of local community and non-governmental agencies will help reduce and solve this problem. This envisages for the role of the state government to be steering rather than delivering services.




[1] Revised version of the original paper presented in a Seminar on Policing Violence against Children, 23 Nov. 2007, Kathmandu, Nepal
[2] Dr Thapa is a retired Additional IGP of Nepal police. Currently he is associated to Kathmandu University for PG Diploma in Security Management course. He also chairs the Centre for Security and Justice Studies. The writer is indebted to the comments and suggestions on the original paper, which were helpful. He can be reached at dibrung@wlink.com.np
[3] http://www.nepalpolice.gov.np
[4] IIDS and UNIFEM, 2004, Status and Dimension of Trafficking within Nepalese Context, p. 15-18
[5] http://www.cwin.org.np/press_room/factsheet/fact_girls.htm
[6] Bass, Elen and Davis, Laura, 1993, The Courage to Heal, Cedar

[7] Judicial System Monitoring Programme, Access to justice for women victims, 2004, East Timor, Dilli, 2004, p. 21
[8] SEAFIELD, a CIDA Fund newsletter; article on the International Centre for Criminal Law Reform and Criminal Justice Policy’s project in Thailand.
[9] This is cited in the Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, UN doc. E/CN.4/1997/47, 12 Feb 1997 and also Human Rights Watch, The Human Rights Watch Global Report on Women’s Human Rights (1995), p. 196.
[10] Ibid
[11] Bos-Hrv-Srp, International Justice Failing Rape Victims, Special Report, Institute for War and Peace Reporting, 5.1.2007
[12] Adelman, M., Edna, E., Nadera, S., 'Policing Violence Against Minority Women in Multicultural Societies: “Community” and the Politics of Exclusion', Police & Society, 2003, Issue No. 7, pp. 103-131, 2003, Israel National Police, The Community And Civil Guard Department
[13] Nepal police have taken initiatives in number of activities in this direction, including publications. For example--Nepal police, Central Woman and Child Service Centre, 2061 BS, Mahila tatha balbalika birudhako apradh: Pidit sahayata tatha anusandhan pustika (Crime against women and children: Victim support and investigation handbook)
[14] National Human Rights Commission, Office of the National Rapporteur on Trafficking in Women and Children, and The Asia Foundation, An assessment of human rights protection mechanism at police woman and children cell in Nepal, 2004
[15] Thapa, Govind P., 'Community Policing: Lessons from Nepal', Policing in Nepal, Saferworld, 2007