ADVOKASI DAN PERLINDUNGAN KANAK-

KANAK:PEMELARIAN KANAK-KANAK

FEM4123

PEMELARIAN KANAK-KANAK Pemelarian atau penculikan kanak-

kanak atau bayi oleh orang dewasa. Boleh dibahagi kepada dua: Pemelarian oleh orang luar/asing. Pemelarian oleh ibu bapa. Tujuan pemelarian: Wang tebusan. Exploitasi seksual. Perhambaan. Dipelihara sebagai anak sendiri.

PEMELARIAN UNTUK TEBUSAN Bentuk klasik penculikan. Kanak-kanak ditahan dan dipindahkan

ke satu kawasan yang agak jauh daripada tempat asal.

Ditahan untuk kepentingan kewangan.

Kes Lindberg 1932.

PEMELARIAN UNTUK EKSPLOITASI SEKSUAL Modus operandi: internet. Lebih peluang untuk mendapat kanak-

kanak yang berpotensi menjadi mangsa. Antara Kaedah:• Minta gambar.• Pujian kecantikan.• Temu janji.• Bawa lari.

PEMELARIAN UNTUK PERHAMBAAN Uganda is a source and destination

country for men, women, and children trafficked for the purposes of forced labour and sexual exploitation.

Ugandan children are trafficked within the country for forced labor in the fishing, agricultural, and domestic service sectors, as well as for commercial sexual exploitation; they are also trafficked to other East African and European countries for the same purposes.

Sambungan

Human trafficking of Ugandan children for the forcible removal of body parts reportedly is widespread:

So-called witchdoctors seek various body parts of live victims for traditional medical concoctions commonly purchased to heal illness, foster economic advancement, or hurt

enemies.

Sambungan

Lord's Resistance Army (LRA), a rebel paramilitary group operating in Uganda and Sudan, has kidnapped more than 20,000 children since 1988 and today its captives constitute the largest army of child soldiers in Africa.

“Thousands of children have been raped, brutalized, drugged and forced to inflict unspeakable violence on others," - Jan Egeland, UN Under-Secretary General for Humanitarian Affairs.

Sambungan

They are frequently beaten, forced to carry out raids, burn houses, beat and kill civilians, carry heavy loads over long distances and help to abduct other children.

They are forced to work long hours fetching water, firewood, gathering food and performing domestic duties.

Many are given weapons training and forced to fight the “enemy”.

Sambungan

Brutal tactics are used to require obedience from abducted children.

They are forced to trample to death other abducted children who attempt to escape.

They are repeatedly told that they will be killed if they try to run away.

Abducted children who resist orders are immediately killed.

PEMELARIAN UNTUK DIPELIHARA Women may kidnap babies to bring up

as their own. These women are often unable to have children of their own and seek to satisfy their unmet psychological need by abducting a child rather than by adopting. In this regard, infants can be snatched from their maternity wards, shortly after birth.

Premeditated: simulating pregnancy to reduce suspicion when the baby suddenly appears in the household.

PEMELARIAN OLEH IBU BAPA

Parental child abduction may occur when the parents separate or begin divorce proceedings.

A parent may remove or retain the child from the other, seeking to gain an advantage in expected or pending child-custody proceedings or because that parent fears losing the child in those expected or pending child-custody proceedings.

A parent may refuse to return a child at the end of an access visit or may flee with the child to prevent an access visit.

Sambungan Parental child abductions may be within the

same city, within the same state region, within the same country or may be international.

International parental abductions: moving a child (with a parent) across an international border or retention (child taken legally to parent’s home country but fail to return in violation of court order.

Not a crime in many countries but a civil tort dispute.

Unless there is a treaty agreement, family court is not obliged to return children to honor ruling by foreign family court.

Sambungan

Even if there is treaty, the court reluctant to return the child if this result in permanent separation of child from primary caregiver.

This happen when the abducting foreign mother will face criminal prosecution and deportation if returning countries are criminalizing this type of abduction.

IMPACT OF PARENTAL ABDUCTION ON CHILDREN Grief (1999): Physical, sexual and emotional abuse. Neglect in terms of care, feeding and

psychological nurturing. Specific training in how to be secretive

in relation to hiding a sense of self, hiding accomplishments, distrusting authorities etc.

Being lied about searching parent – e.g. searching parent abandoned them, does not love them or already dead.

Sambungan

Being moved constantly and denied contact for any significant with any one other then the abductor – no social interaction.

Exposed to a dynamic situation:• where the child may take reverse role:

become the caretaker or protector of the abductor.

• The child over-identifies with the abductor in an ‘us against them’ mentality: distrust authorities is the norm.

ANAK-ANAK MALANG

STATISTICS:NISMART USA Stranger abduction or stereotypical

kidnapping is the most uncommon but the most dangerous.

In 70% of the cases, victim was taken from an outdoor area like park, street playground.

7% from public building: mall, store. 80% of the abductions are sexually

motivated. 90% committed by male: age between 20-

40yrs. Less than 60% of the child is returned alive. 4% abducted children are never found.

Continue 3 out of 4 parents or guardians has at

some time momentarily lost their child for an average of 1 to 4 hours.

Approximately 800,000 juvenile (under 18) are reported missing each year.

Parental/family kidnapping: 50%. Acquaintance kidnapping: 25%. Kidnapping account for 2% of all reported

crimes against juvenile. Increase in the number of missing

persons: 150,000 to 800,000 in the last 20yrs.

LEGAL AND NON-LEGAL INTERVENTION Malaysian Kidnapping Act 1961: S.3: Liable to death sentence or life

imprisonment. If death is not sentenced liable to whipping.

S.5: Knowingly receive ransom money - imprisonment not more than 10 yrs and whipping.

No law that governs the reporting and handling of cases of missing children in Malaysia.

Investigation for kidnapping/abduction: Pengarah Jabatan Siasatan Jenayah Bukit Aman, PDRM.

Continue The Hague Convention on the Civil Aspects

of International Child Abduction (1993): International treaty and legal mechanism

to recover children abducted to another country by parent or family members.

However, does not provide relief in many cases.

Malaysia is not signatory of the Hague Convention.

2007: USA, European authorities and NGOs proposed mediation as means to resolve international child abduction.

Continue

Focus: Hague Cases. REUNITE, a London based NGO

developed and tested suitable mediation for this dispute.

Test successful. 2008: First International training for

cross-border mediation sponsored by the National Center for Missing and Exploited Children, USA.