Legislative Toolkit

Orphanage Trafficking Legislative Toolkit

Tools for lawmakers to understand orphanage trafficking and address it through legislation in their nations.

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Orphanage Trafficking Summary

Human trafficking is a global problem, and children are uniquely vulnerable. Almost one third of all trafficking victims worldwide are children. "Orphanage trafficking," is defined as the recruitment or transfer of children from their families into orphanages for a purpose of exploitation or profit. The trafficking of children into orphanages encompasses those who receive, transport and harbor these children. Traffickers may be orphanage directors or staff, recruiters who search for children (sometimes called "child finders"), community leaders or members, or civil servants seeking to personally profit from referring children into care.

It has strong links to foreign aid sourced largely from Western donor countries, illicit international adoption rings, and "voluntourism" schemes that cater to tourists seeking international volunteer opportunities. The cycle of trauma is perpetuated when voluntourists form connections with the children only to depart, reinforcing the belief that those who care will eventually leave. To meet revenue goals or to meet the demand generated by tourists seeking to volunteer with "orphans," large numbers of children are recruited into orphanages where they are exploited. Of the estimated 8 million children living in orphanages around the world, it is unknown what proportion have been trafficked. However, concerns have been widely expressed about the prevalence of unregistered and unlawfully operating orphanages that continue to admit children.

Orphanage traffickers target children who are uniquely susceptible to trafficking due to poverty, lack of access to education or other services, or other family crises. False promises of support, good education and other opportunities are often made to families during recruitment to entice them to relinquish their children. Unbeknownst to most volunteers and donors, up to 80% of the children in these orphanages have at least one living parent and other living kin. They are often called "paper orphans" due to falsification of documents vouching for parental death or abandonment. Once living in a residential care setting, traffickers continually employ false orphan narratives to elicit sympathy and international funding.

Additionally, orphanage trafficking has become a more prominent topic due to the trafficking of children from Ukraine to Russia. A February 2023 Conflict Observatory report found that approximately 6,000 Ukrainian children have been taken by the Russian Government for pro-Russia re-education and, in some cases, military training. Some children were recruited into a network of 43 recreational camps for "ostensible vacations". Others were taken to orphanages or institutional facilities for children in Russia linked to the Russian foster and adoption systems. In both cases, parental consent for their children's engagement was reportedly extracted under duress and routinely violated. This is why in March of 2023 the International Criminal Court (ICC) issued a war crimes arrest warrant for Putin for the deportation of Ukrainian children.

Orphanage trafficking is a particularly heinous crime that exploits the most vulnerable of our society. The United Nations Sustainable Development Goal (SDG) Target 8.7 calls for "immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of human trafficking." To enhance efforts to meet this goal, we believe SDG 8.7 should be expanded to include explicit recognition of trafficking of children into orphanages and other residential care facilities, a hidden yet growing epidemic within our modern world. The stripping of basic human rights from these children is an injustice that can be combated in part by stopping the demand for international voluntourism and curtailing foreign funding of residential care facilities, particularly those operating in contravention of law and policy.

Lawmakers Guide to Stopping Orphanage Trafficking

This is the first practical briefing book of its kind created to help lawmakers across the globe understand the pervasive issue of orphanage trafficking and how to address it through legislation in their respective countries. The guide gathers insights from the world's leading experts on orphanage trafficking and provides essential tools for lawmakers to take meaningful action.

Download the Lawmakers Guide (PDF)

3 Key Facts about Orphanage Trafficking

Children at Risk

More than 5 million children are estimated to be living in orphanages around the world, and orphanage trafficking primarily affects children who are particularly vulnerable. Nearly one third of all trafficking victims worldwide are children, making them a target for exploitation.

Exploitative Practices

Orphanage trafficking involves the recruitment or transfer of children from their families into orphanages for the purpose of exploitation and profit. It often operates through connections to foreign aid, illicit international adoption networks, and "voluntourism" schemes.

Hidden Realities

Approximately 80% of children in orphanages have living parents or kin, earning them the label "paper orphans" due to falsified documents claiming parental death or abandonment. False narratives are used to garner sympathy and funding.

What can you do to stop orphanage trafficking?

1. Educate

Lawmakers have a unique platform to educate the public about orphanage trafficking.

  • Awareness raising and capacity building: Legislators can socialize the government position, laws, regulations, and guidelines, and build the capacity for compliance and enforcement.
  • "Voluntourism": Legislators can promote initiatives and public awareness campaigns like travel advisories that warn people of the harms of orphanage volunteering.
  • The media: Share this Legislative Toolkit and the orphanage trafficking awareness video through your media channels. Consider writing an article on the topic on behalf of your nation.

2. Advocate

Legislators can advocate to other government agencies, leaders and civic organizations which provide oversight.

  • Advocate for families. Instead of removing children from their home, poverty should be removed from the home. Increased home-based care within families ensures that children are not being exploited.
  • Advocate for increased funding for upstream services that address the vulnerabilities that put children at risk of being separated from their families and recruited.

3. Legislate

The proliferation of orphanages in many parts of the world is because governments fail to have adequate laws that prioritize child protection.

  • Recognize orphanage trafficking as a form of modern slavery: Legislators can create a clear position recognizing orphanage trafficking as a form of child trafficking in legislation and a clear position recognizing the harms of orphanage volunteering. Such laws should include strong penalties for those involved in trafficking and regulations against orphanage tourism and volunteering.
  • Multi sector regulation: Legislators can regulate charities' overseas activities and volunteering activities with children across all sectors, and prohibit orphanage tourism.
  • Data collection, data analysis, and data sharing: Legislators can develop a baseline understanding of the scope and scale of the issues to track progress and analyze trends and to advance international cooperation on this transnational issue.

Legislator Action Briefing (PDF)

Toolkit Library

Model Legislation, Reports & Resources

Model Legislation & Legal Frameworks

Cambodia Legal Framework

Legal framework for prosecuting orphanage trafficking in Cambodia.

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IPU Adopted Resolution

2023 Inter-Parliamentary Union resolution on orphanage trafficking, adopted in Angola.

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Global Summit Resolution

Resolution adopted at the Global Summit on orphanage trafficking.

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Reports & Briefs

Thematic Brief

Orphanage Tourism, Voluntourism and Trafficking.

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Cycles of Exploitation

Lumos report on the cycles of exploitation in institutional care.

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Working Group Statement

Statement on the Working Group on Orphanage Trafficking and Exploitation in Residential Care (TIP).

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Additional Resources & Guidance

Descriptions & Indicators

About orphanage trafficking: descriptions and indicators.

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Indicators Detail

Description of indicators of orphanage trafficking.

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Residential Care Guidance

ACNC ECS and Working with Children in Residential Care guidance note.

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Working Group

Orphanage Trafficking Working Group

Legislative Lead: Senator Linda Reynolds (Australia). The Working Group brings together legislators, lived experience experts and civil society organizations to advance laws that protect children from orphanage trafficking.

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